Rep. Anna Moeller

Filed: 4/15/2024

 

 


 

 


 
10300HB4627ham001LRB103 37422 BDA 71785 a

1
AMENDMENT TO HOUSE BILL 4627

2    AMENDMENT NO. ______. Amend House Bill 4627 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 22.15 as follows:
 
6    (415 ILCS 5/22.15)
7    Sec. 22.15. Solid Waste Management Fund; fees.
8    (a) There is hereby created within the State Treasury a
9special fund to be known as the Solid Waste Management Fund, to
10be constituted from the fees collected by the State pursuant
11to this Section, from repayments of loans made from the Fund
12for solid waste projects, from registration fees collected
13pursuant to the Consumer Electronics Recycling Act, from fees
14collected pursuant to the PFAS Reduction Act, from fees
15collected under the Paint Stewardship Act, and from amounts
16transferred into the Fund pursuant to Public Act 100-433.

 

 

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1Moneys received by either the Agency or the Department of
2Commerce and Economic Opportunity in repayment of loans made
3pursuant to the Illinois Solid Waste Management Act shall be
4deposited into the General Revenue Fund.
5    (b) The Agency shall assess and collect a fee in the amount
6set forth herein from the owner or operator of each sanitary
7landfill permitted or required to be permitted by the Agency
8to dispose of solid waste if the sanitary landfill is located
9off the site where such waste was produced and if such sanitary
10landfill is owned, controlled, and operated by a person other
11than the generator of such waste. The Agency shall deposit all
12fees collected into the Solid Waste Management Fund. If a site
13is contiguous to one or more landfills owned or operated by the
14same person, the volumes permanently disposed of by each
15landfill shall be combined for purposes of determining the fee
16under this subsection. Beginning on July 1, 2018, and on the
17first day of each month thereafter during fiscal years 2019
18through 2024, the State Comptroller shall direct and State
19Treasurer shall transfer an amount equal to 1/12 of $5,000,000
20per fiscal year from the Solid Waste Management Fund to the
21General Revenue Fund.
22        (1) If more than 150,000 cubic yards of non-hazardous
23    solid waste is permanently disposed of at a site in a
24    calendar year, the owner or operator shall either pay a
25    fee of 95 cents per cubic yard or, alternatively, the
26    owner or operator may weigh the quantity of the solid

 

 

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1    waste permanently disposed of with a device for which
2    certification has been obtained under the Weights and
3    Measures Act and pay a fee of $2.00 per ton of solid waste
4    permanently disposed of. In no case shall the fee
5    collected or paid by the owner or operator under this
6    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
7        (2) If more than 100,000 cubic yards but not more than
8    150,000 cubic yards of non-hazardous waste is permanently
9    disposed of at a site in a calendar year, the owner or
10    operator shall pay a fee of $52,630.
11        (3) If more than 50,000 cubic yards but not more than
12    100,000 cubic yards of non-hazardous solid waste is
13    permanently disposed of at a site in a calendar year, the
14    owner or operator shall pay a fee of $23,790.
15        (4) If more than 10,000 cubic yards but not more than
16    50,000 cubic yards of non-hazardous solid waste is
17    permanently disposed of at a site in a calendar year, the
18    owner or operator shall pay a fee of $7,260.
19        (5) If not more than 10,000 cubic yards of
20    non-hazardous solid waste is permanently disposed of at a
21    site in a calendar year, the owner or operator shall pay a
22    fee of $1050.
23    (c) (Blank).
24    (d) The Agency shall establish rules relating to the
25collection of the fees authorized by this Section. Such rules
26shall include, but not be limited to:

 

 

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1        (1) necessary records identifying the quantities of
2    solid waste received or disposed;
3        (2) the form and submission of reports to accompany
4    the payment of fees to the Agency;
5        (3) the time and manner of payment of fees to the
6    Agency, which payments shall not be more often than
7    quarterly; and
8        (4) procedures setting forth criteria establishing
9    when an owner or operator may measure by weight or volume
10    during any given quarter or other fee payment period.
11    (e) Pursuant to appropriation, all monies in the Solid
12Waste Management Fund shall be used by the Agency for the
13purposes set forth in this Section and in the Illinois Solid
14Waste Management Act, including for the costs of fee
15collection and administration, for administration of the Paint
16Stewardship Act, and for the administration of the Consumer
17Electronics Recycling Act, the Drug Take-Back Act, and the
18Statewide Recycling Needs Assessment Act, and the PFAS
19Reduction Act.
20    (f) The Agency is authorized to enter into such agreements
21and to promulgate such rules as are necessary to carry out its
22duties under this Section and the Illinois Solid Waste
23Management Act.
24    (g) On the first day of January, April, July, and October
25of each year, beginning on July 1, 1996, the State Comptroller
26and Treasurer shall transfer $500,000 from the Solid Waste

 

 

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1Management Fund to the Hazardous Waste Fund. Moneys
2transferred under this subsection (g) shall be used only for
3the purposes set forth in item (1) of subsection (d) of Section
422.2.
5    (h) The Agency is authorized to provide financial
6assistance to units of local government for the performance of
7inspecting, investigating, and enforcement activities pursuant
8to subsection (r) of Section 4 at nonhazardous solid waste
9disposal sites.
10    (i) The Agency is authorized to conduct household waste
11collection and disposal programs.
12    (j) A unit of local government, as defined in the Local
13Solid Waste Disposal Act, in which a solid waste disposal
14facility is located may establish a fee, tax, or surcharge
15with regard to the permanent disposal of solid waste. All
16fees, taxes, and surcharges collected under this subsection
17shall be utilized for solid waste management purposes,
18including long-term monitoring and maintenance of landfills,
19planning, implementation, inspection, enforcement and other
20activities consistent with the Solid Waste Management Act and
21the Local Solid Waste Disposal Act, or for any other
22environment-related purpose, including, but not limited to, an
23environment-related public works project, but not for the
24construction of a new pollution control facility other than a
25household hazardous waste facility. However, the total fee,
26tax or surcharge imposed by all units of local government

 

 

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1under this subsection (j) upon the solid waste disposal
2facility shall not exceed:
3        (1) 60¢ per cubic yard if more than 150,000 cubic
4    yards of non-hazardous solid waste is permanently disposed
5    of at the site in a calendar year, unless the owner or
6    operator weighs the quantity of the solid waste received
7    with a device for which certification has been obtained
8    under the Weights and Measures Act, in which case the fee
9    shall not exceed $1.27 per ton of solid waste permanently
10    disposed of.
11        (2) $33,350 if more than 100,000 cubic yards, but not
12    more than 150,000 cubic yards, of non-hazardous waste is
13    permanently disposed of at the site in a calendar year.
14        (3) $15,500 if more than 50,000 cubic yards, but not
15    more than 100,000 cubic yards, of non-hazardous solid
16    waste is permanently disposed of at the site in a calendar
17    year.
18        (4) $4,650 if more than 10,000 cubic yards, but not
19    more than 50,000 cubic yards, of non-hazardous solid waste
20    is permanently disposed of at the site in a calendar year.
21        (5) $650 if not more than 10,000 cubic yards of
22    non-hazardous solid waste is permanently disposed of at
23    the site in a calendar year.
24    The corporate authorities of the unit of local government
25may use proceeds from the fee, tax, or surcharge to reimburse a
26highway commissioner whose road district lies wholly or

 

 

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1partially within the corporate limits of the unit of local
2government for expenses incurred in the removal of
3nonhazardous, nonfluid municipal waste that has been dumped on
4public property in violation of a State law or local
5ordinance.
6    For the disposal of solid waste from general construction
7or demolition debris recovery facilities as defined in
8subsection (a-1) of Section 3.160, the total fee, tax, or
9surcharge imposed by all units of local government under this
10subsection (j) upon the solid waste disposal facility shall
11not exceed 50% of the applicable amount set forth above. A unit
12of local government, as defined in the Local Solid Waste
13Disposal Act, in which a general construction or demolition
14debris recovery facility is located may establish a fee, tax,
15or surcharge on the general construction or demolition debris
16recovery facility with regard to the permanent disposal of
17solid waste by the general construction or demolition debris
18recovery facility at a solid waste disposal facility, provided
19that such fee, tax, or surcharge shall not exceed 50% of the
20applicable amount set forth above, based on the total amount
21of solid waste transported from the general construction or
22demolition debris recovery facility for disposal at solid
23waste disposal facilities, and the unit of local government
24and fee shall be subject to all other requirements of this
25subsection (j).
26    A county or Municipal Joint Action Agency that imposes a

 

 

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1fee, tax, or surcharge under this subsection may use the
2proceeds thereof to reimburse a municipality that lies wholly
3or partially within its boundaries for expenses incurred in
4the removal of nonhazardous, nonfluid municipal waste that has
5been dumped on public property in violation of a State law or
6local ordinance.
7    If the fees are to be used to conduct a local sanitary
8landfill inspection or enforcement program, the unit of local
9government must enter into a written delegation agreement with
10the Agency pursuant to subsection (r) of Section 4. The unit of
11local government and the Agency shall enter into such a
12written delegation agreement within 60 days after the
13establishment of such fees. At least annually, the Agency
14shall conduct an audit of the expenditures made by units of
15local government from the funds granted by the Agency to the
16units of local government for purposes of local sanitary
17landfill inspection and enforcement programs, to ensure that
18the funds have been expended for the prescribed purposes under
19the grant.
20    The fees, taxes or surcharges collected under this
21subsection (j) shall be placed by the unit of local government
22in a separate fund, and the interest received on the moneys in
23the fund shall be credited to the fund. The monies in the fund
24may be accumulated over a period of years to be expended in
25accordance with this subsection.
26    A unit of local government, as defined in the Local Solid

 

 

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1Waste Disposal Act, shall prepare and post on its website, in
2April of each year, a report that details spending plans for
3monies collected in accordance with this subsection. The
4report will at a minimum include the following:
5        (1) The total monies collected pursuant to this
6    subsection.
7        (2) The most current balance of monies collected
8    pursuant to this subsection.
9        (3) An itemized accounting of all monies expended for
10    the previous year pursuant to this subsection.
11        (4) An estimation of monies to be collected for the
12    following 3 years pursuant to this subsection.
13        (5) A narrative detailing the general direction and
14    scope of future expenditures for one, 2 and 3 years.
15    The exemptions granted under Sections 22.16 and 22.16a,
16and under subsection (k) of this Section, shall be applicable
17to any fee, tax or surcharge imposed under this subsection
18(j); except that the fee, tax or surcharge authorized to be
19imposed under this subsection (j) may be made applicable by a
20unit of local government to the permanent disposal of solid
21waste after December 31, 1986, under any contract lawfully
22executed before June 1, 1986 under which more than 150,000
23cubic yards (or 50,000 tons) of solid waste is to be
24permanently disposed of, even though the waste is exempt from
25the fee imposed by the State under subsection (b) of this
26Section pursuant to an exemption granted under Section 22.16.

 

 

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1    (k) In accordance with the findings and purposes of the
2Illinois Solid Waste Management Act, beginning January 1, 1989
3the fee under subsection (b) and the fee, tax or surcharge
4under subsection (j) shall not apply to:
5        (1) waste which is hazardous waste;
6        (2) waste which is pollution control waste;
7        (3) waste from recycling, reclamation or reuse
8    processes which have been approved by the Agency as being
9    designed to remove any contaminant from wastes so as to
10    render such wastes reusable, provided that the process
11    renders at least 50% of the waste reusable; the exemption
12    set forth in this paragraph (3) of this subsection (k)
13    shall not apply to general construction or demolition
14    debris recovery facilities as defined in subsection (a-1)
15    of Section 3.160;
16        (4) non-hazardous solid waste that is received at a
17    sanitary landfill and composted or recycled through a
18    process permitted by the Agency; or
19        (5) any landfill which is permitted by the Agency to
20    receive only demolition or construction debris or
21    landscape waste.
22(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
23102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
245-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
25eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
26revised 12-15-23.)
 

 

 

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1    "Section 10. The PFAS Reduction Act is amended by changing
2Section 5 and by adding Section 45 as follows:
 
3    (415 ILCS 170/5)
4    Sec. 5. Definitions. In this Act:
5    "Agency" means the Illinois Environmental Protection
6Agency.
7    "Class B firefighting foam" means foam designed to
8extinguish flammable liquid fires or prevent the ignition of
9flammable liquids.
10    "Fire department" means the duly authorized fire
11protection organization of a unit of local government, a
12Regional Fire Protection Agency, a fire protection district,
13or a volunteer fire department.
14    "Intentionally added PFAS" means PFAS deliberately added
15during the manufacture of a product where the continued
16presence of PFAS is desired in the final product, or in one of
17the product's components, in order to perform a specific
18function.
19    "Local government" means a unit of local government or
20other special purpose district that provides firefighting
21services.
22    "Manufacturer" means a person that manufactures Class B
23firefighting foam and any agents of that person, including an
24importer, distributor, authorized servicer, factory branch, or

 

 

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1distributor branch.
2    "Perfluoroalkyl substance or polyfluoroalkyl substance" or
3"PFAS" means a class of fluorinated organic chemicals
4containing at least one fully fluorinated carbon atom.
5    "Person" means any individual, partnership, association,
6public or private corporation, limited liability company, or
7any other type of legal or commercial entity, including, but
8not limited to, members, managers, partners, directors, or
9officers.
10    "Testing" means calibration testing, conformance testing,
11and fixed system testing.
12    "TRI-PFAS" means the chemicals on the list of
13perfluoroalkyl and polyfluoroalkyl substances set forth in the
14United States Environmental Protection Agency's Toxic Release
15Inventory rules, developed under Section 313 of the federal
16Emergency Planning and Community Right-To-Know Act (EPCRA) and
17codified in regulations in 40 CFR 372.65, excluding liquid or
18gaseous fluorocarbon or chlorofluorocarbon products used
19chiefly as refrigerants. Product or product components
20containing intentionally added "TRI-PFAS" are limited to those
21products or product components of clothing, cookware, personal
22care products, and food packaging.
23(Source: P.A. 102-290, eff. 8-6-21.)
 
24    (415 ILCS 170/45 new)
25    Sec. 45. Publicly accessible data collection program.

 

 

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1    (a) The Agency shall participate, along with other states
2and governmental entities, in an interstate clearinghouse to
3promote safer chemicals in consumer products and shall
4cooperate with the interstate clearinghouse to: (1) organize
5and manage available data on chemicals, including information
6on uses, hazards, environmental concerns, safer alternatives,
7and model policies and programs concerning specific chemicals;
8(2) provide technical assistance regarding chemical safety to
9businesses, consumers, and policymakers; (3) establish a data
10collection interface for use in the manner described in this
11Section; and (4) undertake any other activities in support of
12State programs to promote chemical safety.
13    (b) The Agency shall enter into any contracts necessary to
14implement this Section. To the extent reasonable and feasible,
15the data collection interface established under subsection (a)
16shall streamline and facilitate data reporting required by
17this Section with similar data reporting required by other
18states and jurisdictions.
19    (c) The Agency may adopt rules necessary to implement this
20Section.
21    (d) The Agency may provide technical assistance to
22manufacturers in complying with this Section.
23    (e) The Agency may use rules adopted under subsection (c)
24or technical assistance provided under subsection (d) to
25clarify the reporting requirements established under this
26Section and to ensure that the data collected are not

 

 

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1duplicative among the reporting entities.
2    (f) Beginning one year after the implementation of the
3interstate clearinghouse by at least one other state or
4government entity outside of this State, a manufacturer of
5TRI-PFAS or a product or product component containing
6intentionally added TRI-PFAS that, during the prior calendar
7year, is sold, offered for sale, distributed, or offered for
8promotional purposes in, or imported into, the State, if the
9product is not already registered in the interstate
10clearinghouse by another State or government entity, such as
11under Section 1614 of Title 38 of the Maine Revised Statutes or
12under Section 116.943 of the Minnesota Statutes, shall
13register the TRI-PFAS or the product or product component
14containing intentionally added TRI-PFAS on the publicly
15accessible data collection interface established under
16subsection (a), along with all of the following information,
17as applicable:
18        (1) the name and type of product or product component
19    containing intentionally added PFAS;
20        (2) the universal product code of the product or
21    product component containing intentionally added TRI-PFAS;
22        (3) the purpose or function for which the
23    intentionally added TRI-PFAS are used in the product or
24    product component;
25        (4) the identity and a reasonable estimate of the
26    amount of all TRI-PFAS compounds in the product or product

 

 

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1    component containing intentionally added TRI-PFAS;
2        (5) the amount of the product or product component or
3    the number of products or product components sold,
4    delivered, or imported into the State in the prior
5    calendar year; and
6        (6) the name and address of the manufacturer and the
7    name, address, and phone number of a contact person for
8    the manufacturer. When reporting the identity of a
9    TRI-PFAS compound under paragraph (4), the manufacturer
10    shall provide (i) the brand name of the formulation that
11    contains TRI-PFAS and the name of the manufacturer of the
12    formulation and (ii) the chemical formula or standardized
13    name of the TRI-PFAS compound. When reporting the amount
14    or weight of a TRI-PFAS compound under paragraph (4), the
15    manufacturer shall provide (i) the amount or weight of
16    each intentionally added TRI-PFAS compound or (ii) if the
17    amount or weight of each intentionally added TRI-PFAS
18    compound is not known, the total organic fluorine in the
19    product or product component containing intentionally
20    added TRI-PFAS.
21    (g) A violation of this Section is subject to a civil
22penalty under Section 35.
23    (h) This Section does not apply to any of the following:
24        (1) a product regulated as a drug, medical device, or
25    dietary supplement by the United States Food and Drug
26    Administration;

 

 

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1        (2) any medical equipment or product used in medical
2    settings that is regulated by the United States Food and
3    Drug Administration; or
4        (3) a product intended for animals that is regulated
5    as animal drugs, biologics, parasiticides, medical
6    devices, and diagnostics used to treat or are administered
7    to animals under the Federal Food, Drug, and Cosmetic Act,
8    the federal Virus-Serum-Toxin Act, or the Federal
9    Insecticide, Fungicide, and Rodenticide Act.
10    (i) Beginning one year after the implementation of the
11interstate clearinghouse by at least one other state or
12government entity outside of this State, each manufacturer
13required to register under subsection (f) must register with
14the Agency by: (i) submitting to the Agency a $5,000
15registration fee; and (ii) completing and submitting to the
16Agency the registration form prescribed by the Agency.
17Information on the registration form shall include the
18information required in subsection (f). All registration fees
19collected by the Agency pursuant to this Section shall be
20deposited into the Solid Waste Management Fund.
21    (j) If, during a program year, any of the manufacturer's
22covered products or product components containing
23intentionally added TRI-PFAS are sold or offered for sale in
24the State under a brand that is not listed in the
25manufacturer's registration, then, within 30 days after the
26first sale or offer for sale under that brand, the

 

 

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1manufacturer shall amend its registration to add the brand.".