Full Text of SB1167 102nd General Assembly
SB1167sam001 102ND GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/14/2021
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| 1 | | AMENDMENT TO SENATE BILL 1167
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1167 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 22.39 as follows: | 6 | | (415 ILCS 5/22.39 new) | 7 | | Sec. 22.39. Donation of excess food and recycling of food | 8 | | scraps. | 9 | | (a) Findings and purpose. | 10 | | (1) The General Assembly finds that approximately 40% | 11 | | of the food produced in the United States today goes | 12 | | uneaten. Much of this organic waste is disposed of in | 13 | | solid waste landfills, where its decomposition accounts | 14 | | for over 15% of our nation's emissions of methane, a | 15 | | potent greenhouse gas. | 16 | | (2) Recognizing the importance of food scraps to our |
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| 1 | | environment, economy, and the health of Illinoisans, this | 2 | | Section establishes a food scraps hierarchy for the State | 3 | | of Illinois. The first tier of the hierarchy is source | 4 | | reduction and reducing the volume of surplus food | 5 | | generated. The second tier is recovery and feeding | 6 | | wholesome food to hungry people. The third tier is | 7 | | repurposing and feeding animals. The fourth tier is | 8 | | recycling and processing any leftover food, such as by | 9 | | composting or anaerobic digestion, to create a | 10 | | nutrient-rich soil amendment. | 11 | | (3) This legislation is designed to address each tier | 12 | | of the hierarchy by: encouraging the prevention of food | 13 | | waste generation by commercial generators and residents; | 14 | | directing the recovery of excess edible food from | 15 | | high-volume commercial food waste generators; and ensuring | 16 | | that a significant portion of inedible food waste from | 17 | | large volume food waste generators is managed in a | 18 | | sustainable manner and does not end up being sent to | 19 | | landfills or incinerators. | 20 | | (b) In this Section: | 21 | | "Designated food scraps generator" means a person who | 22 | | generates at a single location an annual average of 2 tons per | 23 | | week or more of food scraps based on a methodology established | 24 | | by the Agency by rule, including supermarkets, restaurants, | 25 | | higher educational institutions, hotels, food processors, | 26 | | correctional facilities, sports or entertainment venues, and |
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| 1 | | health care facilities. For a location with multiple | 2 | | independent food service businesses, such as a mall or college | 3 | | campus, the entity responsible for contracting for solid waste | 4 | | hauling services is responsible for managing food scraps from | 5 | | the independent food service businesses. | 6 | | "Food scraps" means inedible food, trimmings from the | 7 | | preparation of food, food-soiled paper, and edible food that | 8 | | is not donated. "Food scraps" does not include used cooking | 9 | | oil, yellow grease, food from residential sources, any food | 10 | | identified by a rule adopted by the Agency in consultation | 11 | | with the Department of Agriculture and markets, or any food | 12 | | that is subject to a recall or seizure due to the presence of | 13 | | pathogens, including, but not limited to, listeria | 14 | | monocytogenes, confirmed clostridium botulinum, Escherichia | 15 | | coli 0157:H7, and all salmonella, in ready-to-eat foods. | 16 | | "Incinerator" means an enclosed device using controlled | 17 | | flame combustion, the primary purpose of which is to thermally | 18 | | break down solid, liquid, or gaseous combustible hazardous | 19 | | waste, producing residue that contains little or no | 20 | | combustible materials. | 21 | | "Landfill" means a disposal facility or part of a facility | 22 | | where solid waste, including hazardous waste, is placed in or | 23 | | on land and that is not a land treatment facility, a surface | 24 | | impoundment, or an injection well. | 25 | | "Organics recycler" means a facility, permitted by the | 26 | | Agency, that recycles food scraps through use as animal feed |
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| 1 | | or a feed ingredient, rendering, land application, composting, | 2 | | aerobic digestion, anaerobic digestion, fermentation, or | 3 | | ethanol production. Animal scraps, food-soiled paper, and | 4 | | post-consumer food scraps are prohibited for use as animal | 5 | | feed or as a feed ingredient. The proportion of the product | 6 | | created from food scraps by a composting or digestion | 7 | | facility, including a wastewater treatment plant that operates | 8 | | a digestion facility or other treatment system, must be used | 9 | | in a beneficial manner as a soil amendment and shall not be | 10 | | disposed of or incinerated. | 11 | | "Person" means any business entity, partnership, company, | 12 | | corporation, not-for-profit corporation, association, | 13 | | governmental entity, public benefit corporation, public | 14 | | authority, firm, or organization. | 15 | | "Single location" means contiguous property under common | 16 | | ownership, which may include one or more buildings. | 17 | | "Transfer station" means a solid waste management | 18 | | facility, whether owned or operated by a private or public | 19 | | entity, other than a recyclables handling and recovery | 20 | | facility, used oil facility, or a general construction or | 21 | | demolition debris processing facility, where solid waste is | 22 | | received for the purpose of subsequent transfer to another | 23 | | solid waste management facility for processing, treating, | 24 | | disposal, recovery, or further transfer. | 25 | | (c) On and after January 1, 2022, the following shall | 26 | | apply: |
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| 1 | | (1) A designated food scraps generator shall separate | 2 | | the designated food scraps generator's excess edible food | 3 | | for donation for human consumption to the maximum extent | 4 | | practicable, and in accordance with applicable laws, | 5 | | rules, and regulations related to food donation. | 6 | | (2) Except as provided in paragraph (3), each | 7 | | designated food scraps generator that is within 15 miles | 8 | | of an organics recycler, to the extent that the organics | 9 | | recycler has capacity to accept all of the designated food | 10 | | scraps generator's food scraps based on the Agency's | 11 | | yearly estimate of an organic recycler's capacity pursuant | 12 | | to subsection (j), shall: | 13 | | (A) separate its remaining food scraps from other | 14 | | solid waste; | 15 | | (B) ensure proper storage for food scraps on site | 16 | | that shall preclude food scraps from becoming odorous | 17 | | or attracting vectors, such as a container that has a | 18 | | lid and a latch that keeps the lid closed and is | 19 | | resistant to tampering by rodents or other wildlife | 20 | | and has sufficient capacity; | 21 | | (C) have information available and provide | 22 | | training for employees concerning the proper methods | 23 | | to separate and store food scraps; and | 24 | | (D) obtain a transporter that will deliver food | 25 | | scraps to an organics recycler, self-haul its food | 26 | | scraps to an organics recycler, or provide for |
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| 1 | | organics recycling on-site via in-vessel composting, | 2 | | aerobic or anaerobic digestion, or any other method of | 3 | | processing organic waste that the Agency approves by | 4 | | rule, for some or all of the food waste it generates on | 5 | | its premises, provided that the remainder is delivered | 6 | | to an organics recycler. | 7 | | (3) The provisions of paragraph (2) do not apply to | 8 | | any designated food scraps generator that has all of its | 9 | | food scraps processed in a mixed solid waste composting or | 10 | | mixed solid waste anaerobic digestion facility. | 11 | | (d) A designated food scraps generator shall submit an | 12 | | annual report to the Agency on or before March 1, 2023, and | 13 | | annually thereafter, in an electronic format. The report must | 14 | | summarize the amount of edible food donated, the amount of | 15 | | food scraps recycled, the organics recycler or recyclers and | 16 | | associated transporters used, and any other information | 17 | | required by the Agency. | 18 | | (e) A designated food scraps generator may petition the | 19 | | Agency for a temporary waiver from some or all of the | 20 | | requirements of this Section. The petition must include | 21 | | evidence of undue hardship based on: | 22 | | (1) the designated food scraps generator not meeting | 23 | | the 2 tons per week threshold; | 24 | | (2) the cost of processing organic waste not being | 25 | | reasonably competitive with the cost of disposing of waste | 26 | | by landfill; |
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| 1 | | (3) the organics recycler not having sufficient | 2 | | capacity, despite the Agency's calculation under | 3 | | subsection (j); or | 4 | | (4) the unique circumstances of the generator. | 5 | | A waiver under this subsection shall be no longer than one | 6 | | year in duration. However, the Agency may renew a waiver under | 7 | | this subsection. | 8 | | (f) A waste transporter that collects food scraps for | 9 | | recycling from a designated food scraps generator shall: | 10 | | (1) deliver the food scraps to a transfer station that | 11 | | will deliver the food scraps to an organics recycler, | 12 | | unless the designated food scraps generator has received a | 13 | | temporary waiver under subsection (e); or | 14 | | (2) deliver the food scraps directly to an organics | 15 | | recycler. | 16 | | A waste transporter that collects food scraps from a | 17 | | designated food scraps generator shall take all reasonable | 18 | | precautions to not deliver the food scraps to an incinerator | 19 | | or a landfill nor to commingle the material with any other | 20 | | solid waste, unless the commingled waste can be processed by | 21 | | an organics recycler or the designated food scraps generator | 22 | | has received a temporary waiver under subsection (e). | 23 | | (g) A transfer station that receives food scraps from a | 24 | | designated food scraps generator must ensure that the food | 25 | | scraps are taken to an organics recycler, unless the | 26 | | designated food scraps generator has received a temporary |
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| 1 | | waiver under subsection (e). A transfer station shall take all | 2 | | reasonable precautions to not commingle the material with any | 3 | | other solid waste unless the commingled waste can be processed | 4 | | by an organics recycler. | 5 | | (h) An incinerator or landfill shall take all reasonable | 6 | | precautions to not accept food scraps from designated food | 7 | | scraps generators required to send food scraps to an organics | 8 | | recycler as outlined under subsection (c), unless the | 9 | | designated food scraps generator has received a temporary | 10 | | waiver under subsection (e). | 11 | | (i) The Agency shall publish on its website: | 12 | | (1) the methodology the Agency will use to determine | 13 | | who is a designated food scraps generator; | 14 | | (2) the waiver process under subsection (e); | 15 | | (3) procedures to minimize odors and vectors in order | 16 | | to comply with subparagraph (B) of paragraph (2) of | 17 | | subsection (c); and | 18 | | (4) a list of all designated food scraps generators, | 19 | | organics recyclers, and waste transporters that manage | 20 | | source-separated organics. | 21 | | (j) No later than June 1, 2021, and annually thereafter, | 22 | | the Agency shall assess the capacity of each organic recycler | 23 | | and notify designated food scraps generators if they are | 24 | | required to comply with the provisions of subsection (c). | 25 | | (k) The Agency shall develop and make available | 26 | | educational materials to assist designated food scraps |
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| 1 | | generators with complying with this Section. The Agency shall | 2 | | also develop education materials on food waste minimization | 3 | | and encourage municipalities to disseminate these materials | 4 | | both on their municipal websites and in any such future | 5 | | mailings to their residents as they may distribute. | 6 | | (l) The Agency shall regulate organics recyclers to ensure | 7 | | that their activities do not impair water quality or otherwise | 8 | | harm human health and the environment. | 9 | | (m) The Agency shall, after one or more public hearings, | 10 | | adopt rules necessary to implement the provisions of this | 11 | | Section, including: | 12 | | (1) the methodology the Agency will use to determine | 13 | | who is a designated food scraps generator; | 14 | | (2) the waiver process under subsection (e); | 15 | | (3) procedures to minimize odors and vectors in order | 16 | | to comply with subparagraph (B) of paragraph (2) of | 17 | | subsection (c); | 18 | | (4) a list of all designated food scraps generators, | 19 | | organics recyclers, and waste transporters that manage | 20 | | source-separated organics; and | 21 | | (5) how designated food scraps generators shall comply | 22 | | with paragraph (1) of subsection (c) and subparagraph (A) | 23 | | of paragraph (2) of subsection (c). | 24 | | (n) This Section does not apply to any designated food | 25 | | scraps generators located in a city with a population of | 26 | | 1,000,000 or more that has a local law, ordinance, or |
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| 1 | | regulation in place that requires the diversion of edible food | 2 | | and food scraps from disposal. | 3 | | (o) This Section does not apply to hospitals, elementary | 4 | | schools, or secondary schools. | 5 | | (p) No later than January 1, 2023, and on an annual basis | 6 | | thereafter, the Agency shall submit a report to the Governor | 7 | | and the General Assembly describing the operation of the food | 8 | | donation and food scraps recycling program under this Section, | 9 | | including the amount of edible food donated, the amount of | 10 | | food scraps recycled, sample educational materials required | 11 | | under subsection (k), and the number of temporary waivers | 12 | | provided under subsection (e). | 13 | | Section 97. Severability. The provisions of this Act are | 14 | | severable under Section 1.31 of the Statute on Statutes.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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