Illinois General Assembly - Full Text of HB2296
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Full Text of HB2296  101st General Assembly


Rep. Ann M. Williams

Filed: 3/12/2019





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2    AMENDMENT NO. ______. Amend House Bill 2296 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 22.23 and by adding Section 22.23d as follows:
6    (415 ILCS 5/22.23)  (from Ch. 111 1/2, par. 1022.23)
7    Sec. 22.23. Batteries.
8    (a) Beginning September 1, 1990, any person selling
9lead-acid batteries at retail or offering lead-acid batteries
10for retail sale in this State shall:
11        (1) accept for recycling used lead-acid batteries from
12    customers, at the point of transfer, in a quantity equal to
13    the number of new batteries purchased; and
14        (2) post in a conspicuous place a written notice at
15    least 8.5 by 11 inches in size that includes the universal
16    recycling symbol and the following statements: "DO NOT put



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1    motor vehicle batteries in the trash."; "Recycle your used
2    batteries."; and "State law requires us to accept motor
3    vehicle batteries for recycling, in exchange for new
4    batteries purchased.".
5    (b) Any person selling lead-acid batteries at retail in
6this State may either charge a recycling fee on each new
7lead-acid battery sold for which the customer does not return a
8used battery to the retailer, or provide a recycling credit to
9each customer who returns a used battery for recycling at the
10time of purchasing a new one.
11    (c) Beginning September 1, 1990, no lead-acid battery
12retailer may dispose of a used lead-acid battery except by
13delivering it (1) to a battery wholesaler or its agent, (2) to
14a battery manufacturer, (3) to a collection or recycling
15facility that accepts lead-acid batteries, or (4) to a
16secondary lead smelter permitted by either a state or federal
17environmental agency.
18    (d) Any person selling lead-acid batteries at wholesale or
19offering lead-acid batteries for sale at wholesale shall accept
20for recycling used lead-acid batteries from customers, at the
21point of transfer, in a quantity equal to the number of new
22batteries purchased. Such used batteries shall be disposed of
23as provided in subsection (c).
24    (e) A person who accepts used lead-acid batteries for
25recycling pursuant to subsection (a) or (d) shall not allow
26such batteries to accumulate for periods of more than 90 days.



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1    (f) Beginning September 1, 1990, no person may knowingly
2cause or allow:
3        (1) the placing of a lead-acid battery into any
4    container intended for collection and disposal at a
5    municipal waste sanitary landfill; or
6        (2) the disposal of any lead-acid battery in any
7    municipal waste sanitary landfill or incinerator.
8    (f-5) Beginning January 1, 2020, no person shall knowingly
9mix a lead-acid battery with any other material intended for
10collection as a recyclable material by a hauler.
11    Beginning January 1, 2020, no person shall knowingly place
12a lead-acid battery into a container intended for collection by
13a hauler for processing at a recycling center.
14    (g) (Blank).
15    (h) For the purpose of this Section:
16    "Lead-acid battery" means a battery containing lead and
17sulfuric acid that has a nominal voltage of at least 6 volts
18and is intended for use in motor vehicles.
19    "Motor vehicle" includes automobiles, vans, trucks,
20tractors, motorcycles and motorboats.
21    (i) (Blank.)
22    (j) Knowing violation of this Section shall be a petty
23offense punishable by a fine of $100.
24(Source: P.A. 100-621, eff. 7-20-18.)
25    (415 ILCS 5/22.23d new)



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1    Sec. 22.23d. Rechargeable batteries.
2    (a) "Rechargeable battery" means any battery containing
3lithium ion, lithium metal, or lithium polymer or that uses
4lithium as an anode or cathode, is designed for reuse, and is
5capable of being recharged after repeated uses. "Rechargeable
6battery" does not mean either of the following:
7        (1) Any dry cell battery that is used as the principal
8    power source for transportation, including, but not
9    limited to, automobiles, motorcycles, or boats.
10        (2) Any battery that is used only as a backup power
11    source for memory or program instruction storage,
12    timekeeping, or any similar purpose that requires
13    uninterrupted electrical power in order to function if the
14    primary energy supply fails or fluctuates momentarily.
15    (b) Unless expressly authorized as part of a recycling
16collection program, beginning January 1, 2020 no person shall
17knowingly mix a rechargeable battery or any appliance, device,
18or other item that contains a rechargeable battery with any
19other material intended for collection by a hauler as a
20recyclable material.
21    Unless expressly authorized as part of a recycling
22collection program, beginning January 1, 2020, no person shall
23knowingly place a rechargeable battery or any appliance,
24device, or other item that contains a rechargeable battery into
25a container intended for collection by a hauler for processing
26at a recycling center.



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1     (c) The Agency shall include on its website information
2regarding the collection and recycling of rechargeable
3batteries and undertake other communications to educate the
4public regarding the collection and recycling of rechargeable
6    The Agency shall encourage the waste industry, recyclers,
7haulers, local governments, and other stakeholders to
8collaborate on educating the public regarding the collection
9and recycling of rechargeable batteries.
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".