SB1398sam001 103RD GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 3/3/2023

10300SB1398sam001 LRB103 24874 SPS 57568 a

AMENDMENT TO SENATE BILL 1398

AMENDMENT NO. ______. Amend Senate Bill 1398 by replacing everything after the enacting clause with the following:

"Section 5. The Consumer Electronics Recycling Act is amended by adding Section 1-83.5 as follows:

(415 ILCS 151/1-83.5 new)

Sec. 1-83.5. Lithium batteries; disposal; local authorities.

(a) By March 1, 2024, the Agency shall adopt rules requiring each manufacturer of an electric vehicle that is sold in the State and that contains a lithium-ion battery and each manufacturer of lithium-ion batteries sold in the State to submit to the Agency by June 1, 2024, a plan for recycling or repurposing the lithium-ion batteries it distributes in the State.

(b) Notwithstanding any provision of law to the contrary, beginning July 1, 2024, a lithium-ion battery may not be disposed of in a sanitary landfill or mixed recycling waste bin in the State.

(c) The Agency shall encourage local authorities to use separate curbside recycling collection bins for the disposal of lithium-ion batteries.

(d) In this Section, "lithium-ion battery" has the same meaning as defined in Section 2.09 of the Hazardous Materials Emergency Act.

Section 10. The Hazardous Materials Emergency Act is amended by adding Section 2.09 and by changing Sections 3, 5.11, and 6 as follows:

(430 ILCS 50/2.09 new)

Sec. 2.09. "Lithium-ion battery" means a type of rechargeable battery that contains lithium ions as the primary component of its electrolyte and that is most commonly found in cell phones, power tools, digital cameras, laptops, children's toys, electronic cigarettes, small and large appliances, tablets, and e-readers.

(430 ILCS 50/3) (from Ch. 127, par. 1253)

Sec. 3. It is the purpose of this Act to require the Illinois Department of Transportation to adopt by regulation the federal hazardous materials placarding regulations promulgated under the Hazardous Materials Transportation Act (PL 93-633) for interstate and intrastate transportation of hazardous materials as they are applicable in the State of Illinois, and to recommend that units of local government adopt regulations for hazard signage systems applicable to the use, storage, and manufacture of hazardous materials, including, but not limited to, lithium-ion batteries, with the following exceptions:

(a) No hazard signage system or State placarding requirements shall apply to the use, storage, or transportation of a hazardous material that is located on a farm and that is used solely for agricultural purposes. It is not the purpose of this Section to exempt the owner of an agricultural hazardous material from reporting an accident involving the material as required in Sections 7 and 7.01 of this Act, nor is it the purpose of this Section to exempt from the placarding requirements the storage, transportation or manufacture of a hazardous material that is an agricultural material when the material is in the possession of the manufacturer, distributor, dealer, retailer or any other person who handles the material in larger quantities than those designed for consumer use or for any purpose other than its intended agricultural usage.

(b) (Blank).

(c) No placarding requirements or hazard signage requirements adopted pursuant to this Act shall apply to pipelines or meters involved in the transmission of natural or flammable gas by a public utility as defined in the Public Utilities Act.

(d) This Act does not authorize the Department to require any placarding system for transportation of hazardous materials that is inconsistent with any placarding system required by Federal law or regulation, nor does it authorize the Department to require any placarding system or other standards for transportation of hazardous materials that is more stringent than any placarding system or standard required by the federal law or regulations in situations where a federal placarding system exists.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/5.11)

Sec. 5.11. Units of local government; hazard signage systems.

(a) A unit of local government may adopt ordinances or regulations requiring a hazard signage system applicable to equipment, facilities, structures, or locations involved in the use, storage, or manufacture of hazardous materials, including, but not limited to, lithium-ion batteries. The hazard signage system (such as, but not limited to, the National Fire Protection Association standard "NFPA 704" system as specified in its Standard System for the Identification of the Fire Hazards of Materials for Emergency Response) shall be consistent with any such signage required by federal law or regulation.

(b) An ordinance or regulation adopted by a unit of local government under this Section requiring a hazard signage system may not take effect sooner than 90 days after its adoption by the unit of local government.

(c) A home rule unit may not regulate hazard signage systems in a manner inconsistent with the regulation of those systems by the State under this Act or by the federal government. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/6) (from Ch. 127, par. 1256)

Sec. 6. It is the responsibility of any person who leases, operates or controls any facilities, equipment, structures, or locations for the use, storage, or manufacture of hazardous materials, including, but not limited to, lithium-ion batteries, to display on such facility, equipment, structure, or location appropriate hazard signage as described and in such manner as provided by regulation promulgated pursuant to Section 5 of this Act or as provided by ordinance or regulation adopted by a unit of local government pursuant to Section 5.11.

(Source: P.A. 90-449, eff. 8-16-97.)

Section 99. Effective date. This Act takes effect upon becoming law.".