Illinois General Assembly - Full Text of SB0836
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Full Text of SB0836  103rd General Assembly




SB0836 EnrolledLRB103 03291 CPF 48297 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Paint
5Stewardship Act.
6    Section 5. Findings. The General Assembly finds that:
7    (1) Leftover architectural paints present significant
8waste management issues for counties and municipalities and
9create costly environmental, health, and safety risks if not
10properly managed.
11    (2) Nationally, an estimated 10% of architectural paint
12purchased by consumers is leftover. Current governmental
13programs collect only a fraction of the potential leftover
14paint for proper reuse, recycling, or disposal. In northern
15Illinois, there are only 4 permanent household hazardous waste
16facilities, and these facilities do not typically accept latex
17paint, which is the most common paint purchased by consumers.
18    (3) It is in the best interest of this State for paint
19manufacturers to assume responsibility for the development and
20implementation of a cost-effective paint stewardship program
21that will educate consumers on strategies to reduce the
22generation of leftover paint; provide opportunities to reuse
23leftover paint; and collect, transport, and process leftover



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1paint for end-of-life management, including reuse, recycling,
2and disposal. Requiring paint manufacturers to assume
3responsibility for the collection, recycling, reuse,
4transportation, and disposal of leftover paint will provide
5more opportunities for consumers to properly manage their
6leftover paint, provide fiscal relief for this State and local
7governments in managing leftover paint, keep paint out of the
8waste stream, and conserve natural resources.
9    (4) Similar architectural paint stewardship programs
10currently operate in 11 jurisdictions and successfully divert
11a significant portion of the collected paint waste from
12landfills. These paint stewardship programs are saving
13counties and municipalities the cost of managing paint waste
14and have been successful at recycling leftover paint into
15recycled paint products as well as other products. For
16instance, in the State of Oregon, 64% of the latex paint
17collected in the 2019-2020 fiscal year was recycled into paint
18products, and in Minnesota, 48% of the latex paint collected
19during the same period was reused or recycled into paint
20products. Given the lack of access to architectural paint
21collection programs in Illinois, especially for leftover latex
22architectural paint, and the demonstrated ability of the paint
23industry to collect and recycle a substantial portion of
24leftover architectural paint, this legislation is necessary.
25It will create a statewide program that diverts a significant
26portion of paint waste from landfills and facilitates the



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1recycling of leftover paint into paint and other products.
2    (5) Establishing a paint stewardship program in Illinois
3will create jobs as the marketplace adjusts to the needs of a
4robust program that requires transporters and processors.
5Certain infrastructure already exists in the State, and the
6program may attract additional resources.
7    (6) Legislation is needed to establish this program in
8part because of the risk of antitrust lawsuits. The program
9involves activities by competitors in the paint industry and
10may affect the costs or prices of those competitors. As
11construed by the courts, the antitrust laws impose severe
12constraints on concerted action by competitors that affect
13costs or prices. Absent State legislation, participation in
14this program would entail an unacceptable risk of class action
15lawsuits. These risks can be mitigated by legislation that
16would bar application of federal antitrust law under the
17"state action" doctrine. Under that doctrine, federal
18antitrust law does not apply to conduct that is (1) undertaken
19pursuant to a clearly expressed and affirmatively articulated
20state policy to displace or limit competition and (2) actively
21supervised by the state.
22    (7) To ensure that this defense will be available to
23protect participants in the program, it is important for this
24State's legislation to be specific about the conduct it is
25authorizing and to express clearly that the State is
26authorizing that conduct pursuant to a conscious policy



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1decision to limit the unfettered operation of market forces.
2It is also critical for the legislation to provide for active
3supervision of the conduct that might otherwise be subject to
4antitrust attack. In particular, the legislation must provide
5for active supervision of the decisions concerning the
6assessments that will fund the program. A clear articulation
7of the State's purposes and policies and provisions for active
8State supervision of the program will ensure that industry
9participation in the program will not trigger litigation.
10    (8) To ensure that the costs of the program are
11distributed in an equitable and competitively neutral manner,
12the program will be funded through an assessment on each
13container of paint sold in this State. That assessment will be
14sufficient to recover, but not exceed, the costs of sustaining
15the program and will be reviewed and approved by the
16Environmental Protection Agency. Funds collected through the
17assessment will be used by the representative organization to
18operate and sustain the program.
19    Section 10. Definitions. In this Act:
20    "Agency" means the Environmental Protection Agency.
21    "Architectural paint" means interior and exterior
22architectural coatings sold in containers of 5 gallons or
23less. "Architectural paint" does not include industrial
24original equipment or specialty coatings.
25    "Collection site" means any location, place, tract of



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1land, or facility or improvement at which architectural paint
2is accepted into a postconsumer paint collection program
3pursuant to a postconsumer paint collection program plan.
4    "Environmentally sound management practices" means
5procedures for the collection, storage, transportation, reuse,
6recycling, and disposal of architectural paint in a manner
7that complies with all applicable federal, State, and local
8laws and any rules, regulations, and ordinances for the
9protection of human health and the environment. These
10procedures shall address adequate recordkeeping, tracking and
11documenting of the final disposition of materials, and
12environmental liability coverage for the representative
14    "Household waste" has the meaning given to that term in
15Section 3.230 of the Environmental Protection Act.
16    "Manufacturer" means a manufacturer of architectural paint
17who sells, offers for sale, or distributes the architectural
18paint in the State under the manufacturer's own name or brand
19or another brand. "Manufacturer" does not include a retailer
20that trademarks or owns a brand of architectural paint that is
21sold, offered for sale, or distributed within or into this
22State and that is manufactured by a person other than a
24    "Person" has the meaning given to that term in Section
253.315 of the Environmental Protection Act.
26    "Postconsumer paint" means architectural paint not used



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1and no longer wanted by a purchaser.
2    "Program" means the postconsumer paint stewardship program
3established pursuant to Section 15.
4    "Recycling" has the meaning given to that term in Section
53.380 of the Environmental Protection Act.
6    "Representative organization" means a nonprofit
7organization established by one or more manufacturers to
8implement a postconsumer paint stewardship program under this
10    "Retailer" means a person that sells or offers to sell at
11retail in this State architectural paint.
12    "Very small quantity generator" has the meaning given to
13that term in 40 CFR 260.10.
14    Section 15. Paint stewardship program plan.
15    (a) Each manufacturer of architectural paint sold or
16offered for sale at retail in the State shall submit to the
17Agency a plan for the establishment of a postconsumer paint
18stewardship program. The program shall seek to reduce the
19generation of postconsumer paint, promote its reuse and
20recycling, and manage the postconsumer paint waste stream
21using environmentally sound management practices.
22    (b) A plan submitted under this Section shall:
23        (1) Provide a list of participating manufacturers and
24    brands covered by the program.
25        (2) Provide information on the architectural paint



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1    products covered under the program, such as interior or
2    exterior water-based and oil-based coatings, primers,
3    sealers, or wood coatings.
4        (3) Describe how it will provide for the statewide
5    collection of postconsumer architectural paint in the
6    State. The manufacturer or representative organization may
7    coordinate the program with existing household hazardous
8    waste collection infrastructure as is mutually agreeable
9    with the person operating the household waste collection
10    infrastructure.
11        (4) Provide a goal of sufficient number and geographic
12    distribution of collection sites, collection services, or
13    collection events for postconsumer architectural paint to
14    meet the following criteria:
15            (A) at least 90% of State residents shall have a
16        collection site, collection service, or collection
17        event within a 15-mile radius; and
18            (B) at least one collection site, collection
19        service, or collection event for every 50,000
20        residents of the State.
21        (5) Describe how postconsumer paint will be managed
22    using the following strategies: reuse, recycling, and
23    disposal.
24        (6) Describe education and outreach efforts to inform
25    consumers about the program. These efforts should include:
26            (A) information about collection opportunities for



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1        postconsumer paint;
2            (B) information about the fee for the operation of
3        the program that shall be included in the purchase
4        price of all architectural paint sold in the State;
5        and
6            (C) efforts to promote the source reduction,
7        reuse, and recycling of architectural paint.
8        (7) Include a certification from an independent
9    auditor that any added fee to paint sold in the State as a
10    result of the postconsumer paint stewardship program does
11    not exceed the costs to operate and sustain the program in
12    accordance with sound management practices. The
13    independent auditor shall verify that the amount added to
14    each unit of paint will cover the costs and sustain the
15    postconsumer paint stewardship program.
16        (8) Describe how the paint stewardship program will
17    incorporate and compensate service providers for
18    activities conducted under the program that may include:
19            (A) the collection of postconsumer architectural
20        paint and architectural paint containers through
21        permanent collection sites, collection events, or
22        curbside services;
23            (B) the reuse or processing of postconsumer
24        architectural paint at a permanent collection site;
25        and
26            (C) the transportation, recycling, and proper



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1        disposal of postconsumer architectural paint.
2    (c) Independent audits conducted for the purposes of this
3Act must be conducted in accordance with generally accepted
4auditing standards. The work product of the independent
5auditor shall be submitted to the Agency as part of the annual
6report required by Section 40. The cost of any work performed
7by the independent auditor shall be funded by the program.
8    (d) Not later than 60 days after submission of the plan
9under this Section, the Agency shall determine in writing
10whether to approve the plan as submitted or disapprove the
11plan. The Agency shall approve a plan if it contains all of the
12information required under subsection (b). If the plan is
13disapproved, the manufacturer or representative organization
14shall resubmit a plan within 45 calendar days of receipt of the
15notice of disapproval.
16    (e) If a manufacturer or representative organization
17determines that the paint stewardship fee should be adjusted
18because the independent audit reveals that the cost of
19administering the program exceeds the revenues generated by
20the paint stewardship fee, the manufacturer or representative
21organization shall submit to the Agency a justification for
22the adjustment as well as financial reports to support the
23adjustment, including a 5-year projection of the financial
24status of the organization. The submission shall include a
25certification from an independent auditor that the proposed
26fee adjustment will generate revenues necessary and sufficient



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1to pay the program expenses, including any accumulated debt,
2and develop a reasonable reserve level sufficient to sustain
3the program. The Agency shall approve the fee adjustment if
4the submission contains all of the information required under
5this subsection.
6    (f) Within 45 calendar days after Agency approval of a
7plan, the Agency shall post on its website, and the
8manufacturer or representative organization shall post on its
9website, the names of the manufacturers participating in the
10plan, the brands of architectural paint covered by the
11program, and a copy of the plan.
12    (g) Each manufacturer under the plan shall include in the
13price of any architectural paint sold to retailers or
14distributors in the State the per container amount of the fee
15set forth in the plan or fee adjustment. If a representative
16organization is implementing the plan for a manufacturer, the
17manufacturer is responsible for filing, reporting, and
18remitting the paint stewardship fee assessment for each
19container of architectural paint to the representative
20organization. A retailer or distributor shall not deduct the
21amount of the fee from the purchase price of any paint it
23    Section 20. Incineration prohibited. No person shall
24incinerate architectural paint collected pursuant to a paint
25stewardship plan approved in accordance with Section 15.



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1    Section 25. Plan submission. The plan required by Section
215 shall be submitted not later than 12 months after the
3effective date of this Act.
4    Section 30. Sale of paint.
5    (a) A manufacturer or retailer shall not sell or offer for
6sale architectural paint to any person in the State unless the
7manufacturer of the paint brand or the manufacturer's
8representative organization is implementing a paint
9stewardship plan approved in accordance with Section 15.
10    (b) A retailer shall not be in violation of subsection (a)
11if, on the date the architectural paint was sold or offered for
12sale, the paint or the paint's manufacturer are listed on the
13Agency's website pursuant to subsection (f) of Section 15.
14    (c) A paint collection site accepting paint for a program
15approved under this Act shall not charge for the collection of
16the paint when it is offered for collection.
17    (d) No retailer is required to participate in a paint
18stewardship program as a collection site. A retailer may
19participate as a paint collection site on a voluntary basis,
20subject to the same terms, conditions, and requirements that
21apply to any other collection site.
22    (e) Nothing in this Act shall require a retailer to track,
23file, report, submit, or remit a paint stewardship assessment,
24sales data, or any other information on behalf of a



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1manufacturer, distributor, or representative organization.
2Nothing in this Act prohibits a manufacturer and a retailer
3from entering into remitter agreements.
4    Section 35. Liability. A manufacturer or representative
5organization participating in a postconsumer paint stewardship
6program shall not be liable for any claim of a violation of
7antitrust, restraint of trade, unfair trade practice, or other
8anticompetitive conduct arising from conduct undertaken in
9accordance with the program.
10    Section 40. Annual report. By July 1, 2026, and each July 1
11thereafter, a manufacturer or representative organization
12shall submit a report to the Agency that details the
13implementation of the manufacturer's or representative
14organization's program during the prior calendar year. The
15report shall include:
16        (1) a description of the methods used to collect and
17    transport the postconsumer paint collected by the program;
18        (2) the volume and type of postconsumer paint
19    collected and a description of the methods used to process
20    the paint, including reuse, recycling, and other methods;
21        (3) samples of the educational materials provided to
22    consumers of architectural paint; and
23        (4) the total cost of the program and an independent
24    financial audit of the program. An independent financial



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1    auditor shall be chosen by the manufacturer or
2    representative organization.
3    The Agency and the manufacturer or manufacturer's
4representative organization shall post a copy of each annual
5report on their websites.
6    Section 45. Disclosure. Financial, production, or sales
7data reported to the Agency by a manufacturer, retailer, or
8representative organization is confidential business
9information that is exempt from disclosure under the Freedom
10of Information Act.
11    Section 50. Program plan submission fee. A manufacturer or
12representative organization submitting a program plan shall
13pay an administrative fee of $10,000 to the Agency at the time
14of submission.
15    Section 55. Administration fee. By July 1, 2026, and each
16July 1 thereafter, a manufacturer or representative
17organization operating a stewardship program shall remit to
18the Agency a $40,000 administration fee.
19    Section 57. Agency fees. All fees submitted to the Agency
20under this Act shall be deposited into the Solid Waste
21Management Fund to be used for costs associated with the
22administration of this Act.



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1    Section 60. Implementation. Six months following the date
2of the program approval, a manufacturer or representative
3organization shall implement a postconsumer paint collection
4plan approved in accordance with Section 15.
5    Section 65. Postconsumer paint from households and small
7    (a) Delivery of leftover architectural paint by households
8and very small quantity generators to a collection site is
9authorized to the extent provided in the postconsumer paint
10program approved in accordance with Section 15 and in
11accordance with federal and State law, rules, and regulations.
12    (b) Collection sites shall accept and temporarily store
13architectural paint from households and very small quantity
14generators to the extent provided in the postconsumer paint
15stewardship program approved in accordance with Section 15 and
16in accordance with federal and State law, rules, and
18    (c) Nothing in this Act shall be construed as restricting
19the collection of architectural paint by a postconsumer paint
20stewardship program where the collection is authorized under
21any otherwise applicable hazardous waste or solid waste laws,
22rules, or regulations.
23    (d) Nothing in this Act shall be construed to affect any
24requirements applicable to any person under any otherwise



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1applicable hazardous waste or solid waste laws, rules, or
3    Section 70. Penalties.
4    (a) Any person who violates any provision of this Act is
5liable for a civil penalty of $7,000 per violation, except
6that the failure to register or pay a fee under this Act shall
7cause the person who fails to register or pay the fee to be
8liable for a civil penalty that is double the applicable
9registration fee.
10    (b) The penalties provided for in this Section may be
11recovered in a civil action brought in the name of the people
12of the State of Illinois by the State's Attorney of the county
13in which the violation occurred or by the Attorney General.
14Any penalties collected under this Section in an action in
15which the Attorney General has prevailed shall be deposited
16into the Environmental Protection Trust Fund, to be used in
17accordance with the provision of the Environmental Protection
18Trust Fund Act.
19    (c) The Attorney General or the State's Attorney of a
20county in which a violation occurs may institute a civil
21action for an injunction, prohibitory or mandatory, to
22restrain violations of this Act or to require such actions as
23may be necessary to address violations of this Act.
24    (d) The penalties and injunctions provided in this Act are
25in addition to any penalties, injunctions, or other relief



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1provided under any other State law. Nothing in this Act bars a
2cause of action by the State for any other penalty,
3injunction, or other relief provided by any other law.
4    (e) Any person who knowingly makes a false, fictitious, or
5fraudulent material statement, orally or in writing, to the
6Agency, related to or required by this Act or any rule adopted
7under this Act commits a Class 4 felony, and each such
8statement or writing shall be considered a separate Class 4
9felony. A person who, after being convicted under this
10subsection, violates this subsection a second or subsequent
11time commits a Class 3 felony.
12    Section 905. The Freedom of Information Act is amended by
13changing Section 7.5 as follows:
14    (5 ILCS 140/7.5)
15    Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be
17exempt from inspection and copying:
18        (a) All information determined to be confidential
19    under Section 4002 of the Technology Advancement and
20    Development Act.
21        (b) Library circulation and order records identifying
22    library users with specific materials under the Library
23    Records Confidentiality Act.
24        (c) Applications, related documents, and medical



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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other
3    records prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy



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1    plan submitted to a municipality in accordance with a
2    local emergency energy plan ordinance that is adopted
3    under Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the
22    Capital Crimes Litigation Act. This subsection (n) shall
23    apply until the conclusion of the trial of the case, even
24    if the prosecution chooses not to pursue the death penalty
25    prior to trial or sentencing.
26        (o) Information that is prohibited from being



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1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Department of Transportation under Sections 2705-300 and
7    2705-616 of the Department of Transportation Law of the
8    Civil Administrative Code of Illinois, the Regional
9    Transportation Authority under Section 2.11 of the
10    Regional Transportation Authority Act, or the St. Clair
11    County Transit District under the Bi-State Transit Safety
12    Act.
13        (q) Information prohibited from being disclosed by the
14    Personnel Record Review Act.
15        (r) Information prohibited from being disclosed by the
16    Illinois School Student Records Act.
17        (s) Information the disclosure of which is restricted
18    under Section 5-108 of the Public Utilities Act.
19        (t) All identified or deidentified health information
20    in the form of health data or medical records contained
21    in, stored in, submitted to, transferred by, or released
22    from the Illinois Health Information Exchange, and
23    identified or deidentified health information in the form
24    of health data and medical records of the Illinois Health
25    Information Exchange in the possession of the Illinois
26    Health Information Exchange Office due to its



SB0836 Enrolled- 20 -LRB103 03291 CPF 48297 b

1    administration of the Illinois Health Information
2    Exchange. The terms "identified" and "deidentified" shall
3    be given the same meaning as in the Health Insurance
4    Portability and Accountability Act of 1996, Public Law
5    104-191, or any subsequent amendments thereto, and any
6    regulations promulgated thereunder.
7        (u) Records and information provided to an independent
8    team of experts under the Developmental Disability and
9    Mental Health Safety Act (also known as Brian's Law).
10        (v) Names and information of people who have applied
11    for or received Firearm Owner's Identification Cards under
12    the Firearm Owners Identification Card Act or applied for
13    or received a concealed carry license under the Firearm
14    Concealed Carry Act, unless otherwise authorized by the
15    Firearm Concealed Carry Act; and databases under the
16    Firearm Concealed Carry Act, records of the Concealed
17    Carry Licensing Review Board under the Firearm Concealed
18    Carry Act, and law enforcement agency objections under the
19    Firearm Concealed Carry Act.
20        (v-5) Records of the Firearm Owner's Identification
21    Card Review Board that are exempted from disclosure under
22    Section 10 of the Firearm Owners Identification Card Act.
23        (w) Personally identifiable information which is
24    exempted from disclosure under subsection (g) of Section
25    19.1 of the Toll Highway Act.
26        (x) Information which is exempted from disclosure



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1    under Section 5-1014.3 of the Counties Code or Section
2    8-11-21 of the Illinois Municipal Code.
3        (y) Confidential information under the Adult
4    Protective Services Act and its predecessor enabling
5    statute, the Elder Abuse and Neglect Act, including
6    information about the identity and administrative finding
7    against any caregiver of a verified and substantiated
8    decision of abuse, neglect, or financial exploitation of
9    an eligible adult maintained in the Registry established
10    under Section 7.5 of the Adult Protective Services Act.
11        (z) Records and information provided to a fatality
12    review team or the Illinois Fatality Review Team Advisory
13    Council under Section 15 of the Adult Protective Services
14    Act.
15        (aa) Information which is exempted from disclosure
16    under Section 2.37 of the Wildlife Code.
17        (bb) Information which is or was prohibited from
18    disclosure by the Juvenile Court Act of 1987.
19        (cc) Recordings made under the Law Enforcement
20    Officer-Worn Body Camera Act, except to the extent
21    authorized under that Act.
22        (dd) Information that is prohibited from being
23    disclosed under Section 45 of the Condominium and Common
24    Interest Community Ombudsperson Act.
25        (ee) Information that is exempted from disclosure
26    under Section 30.1 of the Pharmacy Practice Act.



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1        (ff) Information that is exempted from disclosure
2    under the Revised Uniform Unclaimed Property Act.
3        (gg) Information that is prohibited from being
4    disclosed under Section 7-603.5 of the Illinois Vehicle
5    Code.
6        (hh) Records that are exempt from disclosure under
7    Section 1A-16.7 of the Election Code.
8        (ii) Information which is exempted from disclosure
9    under Section 2505-800 of the Department of Revenue Law of
10    the Civil Administrative Code of Illinois.
11        (jj) Information and reports that are required to be
12    submitted to the Department of Labor by registering day
13    and temporary labor service agencies but are exempt from
14    disclosure under subsection (a-1) of Section 45 of the Day
15    and Temporary Labor Services Act.
16        (kk) Information prohibited from disclosure under the
17    Seizure and Forfeiture Reporting Act.
18        (ll) Information the disclosure of which is restricted
19    and exempted under Section 5-30.8 of the Illinois Public
20    Aid Code.
21        (mm) Records that are exempt from disclosure under
22    Section 4.2 of the Crime Victims Compensation Act.
23        (nn) Information that is exempt from disclosure under
24    Section 70 of the Higher Education Student Assistance Act.
25        (oo) Communications, notes, records, and reports
26    arising out of a peer support counseling session



SB0836 Enrolled- 23 -LRB103 03291 CPF 48297 b

1    prohibited from disclosure under the First Responders
2    Suicide Prevention Act.
3        (pp) Names and all identifying information relating to
4    an employee of an emergency services provider or law
5    enforcement agency under the First Responders Suicide
6    Prevention Act.
7        (qq) Information and records held by the Department of
8    Public Health and its authorized representatives collected
9    under the Reproductive Health Act.
10        (rr) Information that is exempt from disclosure under
11    the Cannabis Regulation and Tax Act.
12        (ss) Data reported by an employer to the Department of
13    Human Rights pursuant to Section 2-108 of the Illinois
14    Human Rights Act.
15        (tt) Recordings made under the Children's Advocacy
16    Center Act, except to the extent authorized under that
17    Act.
18        (uu) Information that is exempt from disclosure under
19    Section 50 of the Sexual Assault Evidence Submission Act.
20        (vv) Information that is exempt from disclosure under
21    subsections (f) and (j) of Section 5-36 of the Illinois
22    Public Aid Code.
23        (ww) Information that is exempt from disclosure under
24    Section 16.8 of the State Treasurer Act.
25        (xx) Information that is exempt from disclosure or
26    information that shall not be made public under the



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1    Illinois Insurance Code.
2        (yy) Information prohibited from being disclosed under
3    the Illinois Educational Labor Relations Act.
4        (zz) Information prohibited from being disclosed under
5    the Illinois Public Labor Relations Act.
6        (aaa) Information prohibited from being disclosed
7    under Section 1-167 of the Illinois Pension Code.
8        (bbb) Information that is prohibited from disclosure
9    by the Illinois Police Training Act and the Illinois State
10    Police Act.
11        (ccc) Records exempt from disclosure under Section
12    2605-304 of the Illinois State Police Law of the Civil
13    Administrative Code of Illinois.
14        (ddd) Information prohibited from being disclosed
15    under Section 35 of the Address Confidentiality for
16    Victims of Domestic Violence, Sexual Assault, Human
17    Trafficking, or Stalking Act.
18        (eee) Information prohibited from being disclosed
19    under subsection (b) of Section 75 of the Domestic
20    Violence Fatality Review Act.
21        (fff) Images from cameras under the Expressway Camera
22    Act. This subsection (fff) is inoperative on and after
23    July 1, 2023.
24        (ggg) Information prohibited from disclosure under
25    paragraph (3) of subsection (a) of Section 14 of the Nurse
26    Agency Licensing Act.



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1        (hhh) Information submitted to the Illinois Department
2    of State Police in an affidavit or application for an
3    assault weapon endorsement, assault weapon attachment
4    endorsement, .50 caliber rifle endorsement, or .50 caliber
5    cartridge endorsement under the Firearm Owners
6    Identification Card Act.
7        (iii) Confidential business information prohibited
8    from disclosure under Section 45 of the Paint Stewardship
9    Act.
10(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
11101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
121-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
13eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
14101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
151-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
16eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
17102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
187-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
20    Section 910. The Environmental Protection Act is amended
21by changing Section 22.25 as follows:
22    (415 ILCS 5/22.15)
23    Sec. 22.15. Solid Waste Management Fund; fees.
24    (a) There is hereby created within the State Treasury a



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1special fund to be known as the Solid Waste Management Fund, to
2be constituted from the fees collected by the State pursuant
3to this Section, from repayments of loans made from the Fund
4for solid waste projects, from registration fees collected
5pursuant to the Consumer Electronics Recycling Act, from fees
6collected under the Paint Stewardship Act, and from amounts
7transferred into the Fund pursuant to Public Act 100-433.
8Moneys received by either the Agency or the Department of
9Commerce and Economic Opportunity in repayment of loans made
10pursuant to the Illinois Solid Waste Management Act shall be
11deposited into the General Revenue Fund.
12    (b) The Agency shall assess and collect a fee in the amount
13set forth herein from the owner or operator of each sanitary
14landfill permitted or required to be permitted by the Agency
15to dispose of solid waste if the sanitary landfill is located
16off the site where such waste was produced and if such sanitary
17landfill is owned, controlled, and operated by a person other
18than the generator of such waste. The Agency shall deposit all
19fees collected into the Solid Waste Management Fund. If a site
20is contiguous to one or more landfills owned or operated by the
21same person, the volumes permanently disposed of by each
22landfill shall be combined for purposes of determining the fee
23under this subsection. Beginning on July 1, 2018, and on the
24first day of each month thereafter during fiscal years 2019
25through 2023, the State Comptroller shall direct and State
26Treasurer shall transfer an amount equal to 1/12 of $5,000,000



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1per fiscal year from the Solid Waste Management Fund to the
2General Revenue Fund.
3        (1) If more than 150,000 cubic yards of non-hazardous
4    solid waste is permanently disposed of at a site in a
5    calendar year, the owner or operator shall either pay a
6    fee of 95 cents per cubic yard or, alternatively, the
7    owner or operator may weigh the quantity of the solid
8    waste permanently disposed of with a device for which
9    certification has been obtained under the Weights and
10    Measures Act and pay a fee of $2.00 per ton of solid waste
11    permanently disposed of. In no case shall the fee
12    collected or paid by the owner or operator under this
13    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
14        (2) If more than 100,000 cubic yards but not more than
15    150,000 cubic yards of non-hazardous waste is permanently
16    disposed of at a site in a calendar year, the owner or
17    operator shall pay a fee of $52,630.
18        (3) If more than 50,000 cubic yards but not more than
19    100,000 cubic yards of non-hazardous solid waste is
20    permanently disposed of at a site in a calendar year, the
21    owner or operator shall pay a fee of $23,790.
22        (4) If more than 10,000 cubic yards but not more than
23    50,000 cubic yards of non-hazardous solid waste is
24    permanently disposed of at a site in a calendar year, the
25    owner or operator shall pay a fee of $7,260.
26        (5) If not more than 10,000 cubic yards of



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1    non-hazardous solid waste is permanently disposed of at a
2    site in a calendar year, the owner or operator shall pay a
3    fee of $1050.
4    (c) (Blank).
5    (d) The Agency shall establish rules relating to the
6collection of the fees authorized by this Section. Such rules
7shall include, but not be limited to:
8        (1) necessary records identifying the quantities of
9    solid waste received or disposed;
10        (2) the form and submission of reports to accompany
11    the payment of fees to the Agency;
12        (3) the time and manner of payment of fees to the
13    Agency, which payments shall not be more often than
14    quarterly; and
15        (4) procedures setting forth criteria establishing
16    when an owner or operator may measure by weight or volume
17    during any given quarter or other fee payment period.
18    (e) Pursuant to appropriation, all monies in the Solid
19Waste Management Fund shall be used by the Agency for the
20purposes set forth in this Section and in the Illinois Solid
21Waste Management Act, including for the costs of fee
22collection and administration, for administration of the Paint
23Stewardship Act, and for the administration of the Consumer
24Electronics Recycling Act and the Drug Take-Back Act.
25    (f) The Agency is authorized to enter into such agreements
26and to promulgate such rules as are necessary to carry out its



SB0836 Enrolled- 29 -LRB103 03291 CPF 48297 b

1duties under this Section and the Illinois Solid Waste
2Management Act.
3    (g) On the first day of January, April, July, and October
4of each year, beginning on July 1, 1996, the State Comptroller
5and Treasurer shall transfer $500,000 from the Solid Waste
6Management Fund to the Hazardous Waste Fund. Moneys
7transferred under this subsection (g) shall be used only for
8the purposes set forth in item (1) of subsection (d) of Section
10    (h) The Agency is authorized to provide financial
11assistance to units of local government for the performance of
12inspecting, investigating, and enforcement activities pursuant
13to subsection (r) of Section 4 Section 4(r) at nonhazardous
14solid waste disposal sites.
15    (i) The Agency is authorized to conduct household waste
16collection and disposal programs.
17    (j) A unit of local government, as defined in the Local
18Solid Waste Disposal Act, in which a solid waste disposal
19facility is located may establish a fee, tax, or surcharge
20with regard to the permanent disposal of solid waste. All
21fees, taxes, and surcharges collected under this subsection
22shall be utilized for solid waste management purposes,
23including long-term monitoring and maintenance of landfills,
24planning, implementation, inspection, enforcement and other
25activities consistent with the Solid Waste Management Act and
26the Local Solid Waste Disposal Act, or for any other



SB0836 Enrolled- 30 -LRB103 03291 CPF 48297 b

1environment-related purpose, including, but not limited to, an
2environment-related public works project, but not for the
3construction of a new pollution control facility other than a
4household hazardous waste facility. However, the total fee,
5tax or surcharge imposed by all units of local government
6under this subsection (j) upon the solid waste disposal
7facility shall not exceed:
8        (1) 60˘ per cubic yard if more than 150,000 cubic
9    yards of non-hazardous solid waste is permanently disposed
10    of at the site in a calendar year, unless the owner or
11    operator weighs the quantity of the solid waste received
12    with a device for which certification has been obtained
13    under the Weights and Measures Act, in which case the fee
14    shall not exceed $1.27 per ton of solid waste permanently
15    disposed of.
16        (2) $33,350 if more than 100,000 cubic yards, but not
17    more than 150,000 cubic yards, of non-hazardous waste is
18    permanently disposed of at the site in a calendar year.
19        (3) $15,500 if more than 50,000 cubic yards, but not
20    more than 100,000 cubic yards, of non-hazardous solid
21    waste is permanently disposed of at the site in a calendar
22    year.
23        (4) $4,650 if more than 10,000 cubic yards, but not
24    more than 50,000 cubic yards, of non-hazardous solid waste
25    is permanently disposed of at the site in a calendar year.
26        (5) $650 if not more than 10,000 cubic yards of



SB0836 Enrolled- 31 -LRB103 03291 CPF 48297 b

1    non-hazardous solid waste is permanently disposed of at
2    the site in a calendar year.
3    The corporate authorities of the unit of local government
4may use proceeds from the fee, tax, or surcharge to reimburse a
5highway commissioner whose road district lies wholly or
6partially within the corporate limits of the unit of local
7government for expenses incurred in the removal of
8nonhazardous, nonfluid municipal waste that has been dumped on
9public property in violation of a State law or local
11    For the disposal of solid waste from general construction
12or demolition debris recovery facilities as defined in
13subsection (a-1) of Section 3.160, the total fee, tax, or
14surcharge imposed by all units of local government under this
15subsection (j) upon the solid waste disposal facility shall
16not exceed 50% of the applicable amount set forth above. A unit
17of local government, as defined in the Local Solid Waste
18Disposal Act, in which a general construction or demolition
19debris recovery facility is located may establish a fee, tax,
20or surcharge on the general construction or demolition debris
21recovery facility with regard to the permanent disposal of
22solid waste by the general construction or demolition debris
23recovery facility at a solid waste disposal facility, provided
24that such fee, tax, or surcharge shall not exceed 50% of the
25applicable amount set forth above, based on the total amount
26of solid waste transported from the general construction or



SB0836 Enrolled- 32 -LRB103 03291 CPF 48297 b

1demolition debris recovery facility for disposal at solid
2waste disposal facilities, and the unit of local government
3and fee shall be subject to all other requirements of this
4subsection (j).
5    A county or Municipal Joint Action Agency that imposes a
6fee, tax, or surcharge under this subsection may use the
7proceeds thereof to reimburse a municipality that lies wholly
8or partially within its boundaries for expenses incurred in
9the removal of nonhazardous, nonfluid municipal waste that has
10been dumped on public property in violation of a State law or
11local ordinance.
12    If the fees are to be used to conduct a local sanitary
13landfill inspection or enforcement program, the unit of local
14government must enter into a written delegation agreement with
15the Agency pursuant to subsection (r) of Section 4. The unit of
16local government and the Agency shall enter into such a
17written delegation agreement within 60 days after the
18establishment of such fees. At least annually, the Agency
19shall conduct an audit of the expenditures made by units of
20local government from the funds granted by the Agency to the
21units of local government for purposes of local sanitary
22landfill inspection and enforcement programs, to ensure that
23the funds have been expended for the prescribed purposes under
24the grant.
25    The fees, taxes or surcharges collected under this
26subsection (j) shall be placed by the unit of local government



SB0836 Enrolled- 33 -LRB103 03291 CPF 48297 b

1in a separate fund, and the interest received on the moneys in
2the fund shall be credited to the fund. The monies in the fund
3may be accumulated over a period of years to be expended in
4accordance with this subsection.
5    A unit of local government, as defined in the Local Solid
6Waste Disposal Act, shall prepare and post on its website, in
7April of each year, a report that details spending plans for
8monies collected in accordance with this subsection. The
9report will at a minimum include the following:
10        (1) The total monies collected pursuant to this
11    subsection.
12        (2) The most current balance of monies collected
13    pursuant to this subsection.
14        (3) An itemized accounting of all monies expended for
15    the previous year pursuant to this subsection.
16        (4) An estimation of monies to be collected for the
17    following 3 years pursuant to this subsection.
18        (5) A narrative detailing the general direction and
19    scope of future expenditures for one, 2 and 3 years.
20    The exemptions granted under Sections 22.16 and 22.16a,
21and under subsection (k) of this Section, shall be applicable
22to any fee, tax or surcharge imposed under this subsection
23(j); except that the fee, tax or surcharge authorized to be
24imposed under this subsection (j) may be made applicable by a
25unit of local government to the permanent disposal of solid
26waste after December 31, 1986, under any contract lawfully



SB0836 Enrolled- 34 -LRB103 03291 CPF 48297 b

1executed before June 1, 1986 under which more than 150,000
2cubic yards (or 50,000 tons) of solid waste is to be
3permanently disposed of, even though the waste is exempt from
4the fee imposed by the State under subsection (b) of this
5Section pursuant to an exemption granted under Section 22.16.
6    (k) In accordance with the findings and purposes of the
7Illinois Solid Waste Management Act, beginning January 1, 1989
8the fee under subsection (b) and the fee, tax or surcharge
9under subsection (j) shall not apply to:
10        (1) waste which is hazardous waste;
11        (2) waste which is pollution control waste;
12        (3) waste from recycling, reclamation or reuse
13    processes which have been approved by the Agency as being
14    designed to remove any contaminant from wastes so as to
15    render such wastes reusable, provided that the process
16    renders at least 50% of the waste reusable; the exemption
17    set forth in this paragraph (3) of this subsection (k)
18    shall not apply to general construction or demolition
19    debris recovery facilities as defined in subsection (a-1)
20    of Section 3.160;
21        (4) non-hazardous solid waste that is received at a
22    sanitary landfill and composted or recycled through a
23    process permitted by the Agency; or
24        (5) any landfill which is permitted by the Agency to
25    receive only demolition or construction debris or
26    landscape waste.



SB0836 Enrolled- 35 -LRB103 03291 CPF 48297 b

1(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
2102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
38-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;
4102-1055, eff. 6-10-22; revised 8-25-22.)