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Public Act 101-0137


 

Public Act 0137 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0137
 
HB2296 EnrolledLRB101 04552 CPF 49560 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Section 22.23 and by adding Section 22.23d as follows:
 
    (415 ILCS 5/22.23)  (from Ch. 111 1/2, par. 1022.23)
    Sec. 22.23. Batteries.
    (a) Beginning September 1, 1990, any person selling
lead-acid batteries at retail or offering lead-acid batteries
for retail sale in this State shall:
        (1) accept for recycling used lead-acid batteries from
    customers, at the point of transfer, in a quantity equal to
    the number of new batteries purchased; and
        (2) post in a conspicuous place a written notice at
    least 8.5 by 11 inches in size that includes the universal
    recycling symbol and the following statements: "DO NOT put
    motor vehicle batteries in the trash."; "Recycle your used
    batteries."; and "State law requires us to accept motor
    vehicle batteries for recycling, in exchange for new
    batteries purchased.".
    (b) Any person selling lead-acid batteries at retail in
this State may either charge a recycling fee on each new
lead-acid battery sold for which the customer does not return a
used battery to the retailer, or provide a recycling credit to
each customer who returns a used battery for recycling at the
time of purchasing a new one.
    (c) Beginning September 1, 1990, no lead-acid battery
retailer may dispose of a used lead-acid battery except by
delivering it (1) to a battery wholesaler or its agent, (2) to
a battery manufacturer, (3) to a collection or recycling
facility that accepts lead-acid batteries, or (4) to a
secondary lead smelter permitted by either a state or federal
environmental agency.
    (d) Any person selling lead-acid batteries at wholesale or
offering lead-acid batteries for sale at wholesale shall accept
for recycling used lead-acid batteries from customers, at the
point of transfer, in a quantity equal to the number of new
batteries purchased. Such used batteries shall be disposed of
as provided in subsection (c).
    (e) A person who accepts used lead-acid batteries for
recycling pursuant to subsection (a) or (d) shall not allow
such batteries to accumulate for periods of more than 90 days.
    (f) Beginning September 1, 1990, no person may knowingly
cause or allow:
        (1) the placing of a lead-acid battery into any
    container intended for collection and disposal at a
    municipal waste sanitary landfill; or
        (2) the disposal of any lead-acid battery in any
    municipal waste sanitary landfill or incinerator.
    (f-5) Beginning January 1, 2020, no person shall knowingly
mix a lead-acid battery with any other material intended for
collection as a recyclable material by a hauler.
    Beginning January 1, 2020, no person shall knowingly place
a lead-acid battery into a container intended for collection by
a hauler for processing at a recycling center.
    (g) (Blank).
    (h) For the purpose of this Section:
    "Lead-acid battery" means a battery containing lead and
sulfuric acid that has a nominal voltage of at least 6 volts
and is intended for use in motor vehicles.
    "Motor vehicle" includes automobiles, vans, trucks,
tractors, motorcycles and motorboats.
    (i) (Blank).
    (j) Knowing violation of this Section shall be a petty
offense punishable by a fine of $100.
(Source: P.A. 100-621, eff. 7-20-18.)
 
    (415 ILCS 5/22.23d new)
    Sec. 22.23d. Rechargeable batteries.
    (a) "Rechargeable battery" means one or more voltaic or
galvanic cells, electrically connected to produce electric
energy, that is designed to be recharged for repeated uses.
"Rechargeable battery" includes, but is not limited to, a
battery containing lithium ion, lithium metal, or lithium
polymer or that uses lithium as an anode or cathode, that is
designed to be recharged for repeated uses. "Rechargeable
battery" does not mean either of the following:
        (1) Any dry cell battery that is used as the principal
    power source for transportation, including, but not
    limited to, automobiles, motorcycles, or boats.
        (2) Any battery that is used only as a backup power
    source for memory or program instruction storage,
    timekeeping, or any similar purpose that requires
    uninterrupted electrical power in order to function if the
    primary energy supply fails or fluctuates momentarily.
    (b) Unless expressly authorized by a recycling collection
program, beginning January 1, 2020 no person shall knowingly
mix a rechargeable battery or any appliance, device, or other
item that contains a rechargeable battery with any other
material intended for collection by a hauler as a recyclable
material.
    Unless expressly authorized by a recycling collection
program, beginning January 1, 2020, no person shall knowingly
place a rechargeable battery or any appliance, device, or other
item that contains a rechargeable battery into a container
intended for collection by a hauler for processing at a
recycling center.
    (c) The Agency shall include on its website information
regarding the recycling of rechargeable batteries.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/26/2019