Public Act 103-0372

SB0836 Enrolled LRB103 03291 CPF 48297 b

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Paint

Stewardship Act.

Section 5. Findings. The General Assembly finds that:

(1) Leftover architectural paints present significant

waste management issues for counties and municipalities and

create costly environmental, health, and safety risks if not

properly managed.

(2) Nationally, an estimated 10% of architectural paint

purchased by consumers is leftover. Current governmental

programs collect only a fraction of the potential leftover

paint for proper reuse, recycling, or disposal. In northern

Illinois, there are only 4 permanent household hazardous waste

facilities, and these facilities do not typically accept latex

paint, which is the most common paint purchased by consumers.

(3) It is in the best interest of this State for paint

manufacturers to assume responsibility for the development and

implementation of a cost-effective paint stewardship program

that will educate consumers on strategies to reduce the

generation of leftover paint; provide opportunities to reuse

leftover paint; and collect, transport, and process leftover

paint for end-of-life management, including reuse, recycling,

and disposal. Requiring paint manufacturers to assume

responsibility for the collection, recycling, reuse,

transportation, and disposal of leftover paint will provide

more opportunities for consumers to properly manage their

leftover paint, provide fiscal relief for this State and local

governments in managing leftover paint, keep paint out of the

waste stream, and conserve natural resources.

(4) Similar architectural paint stewardship programs

currently operate in 11 jurisdictions and successfully divert

a significant portion of the collected paint waste from

landfills. These paint stewardship programs are saving

counties and municipalities the cost of managing paint waste

and have been successful at recycling leftover paint into

recycled paint products as well as other products. For

instance, in the State of Oregon, 64% of the latex paint

collected in the 2019-2020 fiscal year was recycled into paint

products, and in Minnesota, 48% of the latex paint collected

during the same period was reused or recycled into paint

products. Given the lack of access to architectural paint

collection programs in Illinois, especially for leftover latex

architectural paint, and the demonstrated ability of the paint

industry to collect and recycle a substantial portion of

leftover architectural paint, this legislation is necessary.

It will create a statewide program that diverts a significant

portion of paint waste from landfills and facilitates the

recycling of leftover paint into paint and other products.

(5) Establishing a paint stewardship program in Illinois

will create jobs as the marketplace adjusts to the needs of a

robust program that requires transporters and processors.

Certain infrastructure already exists in the State, and the

program may attract additional resources.

(6) Legislation is needed to establish this program in

part because of the risk of antitrust lawsuits. The program

involves activities by competitors in the paint industry and

may affect the costs or prices of those competitors. As

construed by the courts, the antitrust laws impose severe

constraints on concerted action by competitors that affect

costs or prices. Absent State legislation, participation in

this program would entail an unacceptable risk of class action

lawsuits. These risks can be mitigated by legislation that

would bar application of federal antitrust law under the

"state action" doctrine. Under that doctrine, federal

antitrust law does not apply to conduct that is (1) undertaken

pursuant to a clearly expressed and affirmatively articulated

state policy to displace or limit competition and (2) actively

supervised by the state.

(7) To ensure that this defense will be available to

protect participants in the program, it is important for this

State's legislation to be specific about the conduct it is

authorizing and to express clearly that the State is

authorizing that conduct pursuant to a conscious policy

decision to limit the unfettered operation of market forces.

It is also critical for the legislation to provide for active

supervision of the conduct that might otherwise be subject to

antitrust attack. In particular, the legislation must provide

for active supervision of the decisions concerning the

assessments that will fund the program. A clear articulation

of the State's purposes and policies and provisions for active

State supervision of the program will ensure that industry

participation in the program will not trigger litigation.

(8) To ensure that the costs of the program are

distributed in an equitable and competitively neutral manner,

the program will be funded through an assessment on each

container of paint sold in this State. That assessment will be

sufficient to recover, but not exceed, the costs of sustaining

the program and will be reviewed and approved by the

Environmental Protection Agency. Funds collected through the

assessment will be used by the representative organization to

operate and sustain the program.

Section 10. Definitions. In this Act:

"Agency" means the Environmental Protection Agency.

"Architectural paint" means interior and exterior

architectural coatings sold in containers of 5 gallons or

less. "Architectural paint" does not include industrial

original equipment or specialty coatings.

"Collection site" means any location, place, tract of

land, or facility or improvement at which architectural paint

is accepted into a postconsumer paint collection program

pursuant to a postconsumer paint collection program plan.

"Environmentally sound management practices" means

procedures for the collection, storage, transportation, reuse,

recycling, and disposal of architectural paint in a manner

that complies with all applicable federal, State, and local

laws and any rules, regulations, and ordinances for the

protection of human health and the environment. These

procedures shall address adequate recordkeeping, tracking and

documenting of the final disposition of materials, and

environmental liability coverage for the representative

organization.

"Household waste" has the meaning given to that term in

Section 3.230 of the Environmental Protection Act.

"Manufacturer" means a manufacturer of architectural paint

who sells, offers for sale, or distributes the architectural

paint in the State under the manufacturer's own name or brand

or another brand. "Manufacturer" does not include a retailer

that trademarks or owns a brand of architectural paint that is

sold, offered for sale, or distributed within or into this

State and that is manufactured by a person other than a

retailer.

"Person" has the meaning given to that term in Section

3.315 of the Environmental Protection Act.

"Postconsumer paint" means architectural paint not used

and no longer wanted by a purchaser.

"Program" means the postconsumer paint stewardship program

established pursuant to Section 15.

"Recycling" has the meaning given to that term in Section

3.380 of the Environmental Protection Act.

"Representative organization" means a nonprofit

organization established by one or more manufacturers to

implement a postconsumer paint stewardship program under this

Act.

"Retailer" means a person that sells or offers to sell at

retail in this State architectural paint.

"Very small quantity generator" has the meaning given to

that term in 40 CFR 260.10.

Section 15. Paint stewardship program plan.

(a) Each manufacturer of architectural paint sold or

offered for sale at retail in the State shall submit to the

Agency a plan for the establishment of a postconsumer paint

stewardship program. The program shall seek to reduce the

generation of postconsumer paint, promote its reuse and

recycling, and manage the postconsumer paint waste stream

using environmentally sound management practices.

(b) A plan submitted under this Section shall:

(1) Provide a list of participating manufacturers and

brands covered by the program.

(2) Provide information on the architectural paint

products covered under the program, such as interior or

exterior water-based and oil-based coatings, primers,

sealers, or wood coatings.

(3) Describe how it will provide for the statewide

collection of postconsumer architectural paint in the

State. The manufacturer or representative organization may

coordinate the program with existing household hazardous

waste collection infrastructure as is mutually agreeable

with the person operating the household waste collection

infrastructure.

(4) Provide a goal of sufficient number and geographic

distribution of collection sites, collection services, or

collection events for postconsumer architectural paint to

meet the following criteria:

(A) at least 90% of State residents shall have a

collection site, collection service, or collection

event within a 15-mile radius; and

(B) at least one collection site, collection

service, or collection event for every 50,000

residents of the State.

(5) Describe how postconsumer paint will be managed

using the following strategies: reuse, recycling, and

disposal.

(6) Describe education and outreach efforts to inform

consumers about the program. These efforts should include:

(A) information about collection opportunities for

postconsumer paint;

(B) information about the fee for the operation of

the program that shall be included in the purchase

price of all architectural paint sold in the State;

and

(C) efforts to promote the source reduction,

reuse, and recycling of architectural paint.

(7) Include a certification from an independent

auditor that any added fee to paint sold in the State as a

result of the postconsumer paint stewardship program does

not exceed the costs to operate and sustain the program in

accordance with sound management practices. The

independent auditor shall verify that the amount added to

each unit of paint will cover the costs and sustain the

postconsumer paint stewardship program.

(8) Describe how the paint stewardship program will

incorporate and compensate service providers for

activities conducted under the program that may include:

(A) the collection of postconsumer architectural

paint and architectural paint containers through

permanent collection sites, collection events, or

curbside services;

(B) the reuse or processing of postconsumer

architectural paint at a permanent collection site;

and

(C) the transportation, recycling, and proper

disposal of postconsumer architectural paint.

(c) Independent audits conducted for the purposes of this

Act must be conducted in accordance with generally accepted

auditing standards. The work product of the independent

auditor shall be submitted to the Agency as part of the annual

report required by Section 40. The cost of any work performed

by the independent auditor shall be funded by the program.

(d) Not later than 60 days after submission of the plan

under this Section, the Agency shall determine in writing

whether to approve the plan as submitted or disapprove the

plan. The Agency shall approve a plan if it contains all of the

information required under subsection (b). If the plan is

disapproved, the manufacturer or representative organization

shall resubmit a plan within 45 calendar days of receipt of the

notice of disapproval.

(e) If a manufacturer or representative organization

determines that the paint stewardship fee should be adjusted

because the independent audit reveals that the cost of

administering the program exceeds the revenues generated by

the paint stewardship fee, the manufacturer or representative

organization shall submit to the Agency a justification for

the adjustment as well as financial reports to support the

adjustment, including a 5-year projection of the financial

status of the organization. The submission shall include a

certification from an independent auditor that the proposed

fee adjustment will generate revenues necessary and sufficient

to pay the program expenses, including any accumulated debt,

and develop a reasonable reserve level sufficient to sustain

the program. The Agency shall approve the fee adjustment if

the submission contains all of the information required under

this subsection.

(f) Within 45 calendar days after Agency approval of a

plan, the Agency shall post on its website, and the

manufacturer or representative organization shall post on its

website, the names of the manufacturers participating in the

plan, the brands of architectural paint covered by the

program, and a copy of the plan.

(g) Each manufacturer under the plan shall include in the

price of any architectural paint sold to retailers or

distributors in the State the per container amount of the fee

set forth in the plan or fee adjustment. If a representative

organization is implementing the plan for a manufacturer, the

manufacturer is responsible for filing, reporting, and

remitting the paint stewardship fee assessment for each

container of architectural paint to the representative

organization. A retailer or distributor shall not deduct the

amount of the fee from the purchase price of any paint it

sells.

Section 20. Incineration prohibited. No person shall

incinerate architectural paint collected pursuant to a paint

stewardship plan approved in accordance with Section 15.

Section 25. Plan submission. The plan required by Section

15 shall be submitted not later than 12 months after the

effective date of this Act.

Section 30. Sale of paint.

(a) A manufacturer or retailer shall not sell or offer for

sale architectural paint to any person in the State unless the

manufacturer of the paint brand or the manufacturer's

representative organization is implementing a paint

stewardship plan approved in accordance with Section 15.

(b) A retailer shall not be in violation of subsection (a)

if, on the date the architectural paint was sold or offered for

sale, the paint or the paint's manufacturer are listed on the

Agency's website pursuant to subsection (f) of Section 15.

(c) A paint collection site accepting paint for a program

approved under this Act shall not charge for the collection of

the paint when it is offered for collection.

(d) No retailer is required to participate in a paint

stewardship program as a collection site. A retailer may

participate as a paint collection site on a voluntary basis,

subject to the same terms, conditions, and requirements that

apply to any other collection site.

(e) Nothing in this Act shall require a retailer to track,

file, report, submit, or remit a paint stewardship assessment,

sales data, or any other information on behalf of a

manufacturer, distributor, or representative organization.

Nothing in this Act prohibits a manufacturer and a retailer

from entering into remitter agreements.

Section 35. Liability. A manufacturer or representative

organization participating in a postconsumer paint stewardship

program shall not be liable for any claim of a violation of

antitrust, restraint of trade, unfair trade practice, or other

anticompetitive conduct arising from conduct undertaken in

accordance with the program.

Section 40. Annual report. By July 1, 2026, and each July 1

thereafter, a manufacturer or representative organization

shall submit a report to the Agency that details the

implementation of the manufacturer's or representative

organization's program during the prior calendar year. The

report shall include:

(1) a description of the methods used to collect and

transport the postconsumer paint collected by the program;

(2) the volume and type of postconsumer paint

collected and a description of the methods used to process

the paint, including reuse, recycling, and other methods;

(3) samples of the educational materials provided to

consumers of architectural paint; and

(4) the total cost of the program and an independent

financial audit of the program. An independent financial

auditor shall be chosen by the manufacturer or

representative organization.

The Agency and the manufacturer or manufacturer's

representative organization shall post a copy of each annual

report on their websites.

Section 45. Disclosure. Financial, production, or sales

data reported to the Agency by a manufacturer, retailer, or

representative organization is confidential business

information that is exempt from disclosure under the Freedom

of Information Act.

Section 50. Program plan submission fee. A manufacturer or

representative organization submitting a program plan shall

pay an administrative fee of $10,000 to the Agency at the time

of submission.

Section 55. Administration fee. By July 1, 2026, and each

July 1 thereafter, a manufacturer or representative

organization operating a stewardship program shall remit to

the Agency a $40,000 administration fee.

Section 57. Agency fees. All fees submitted to the Agency

under this Act shall be deposited into the Solid Waste

Management Fund to be used for costs associated with the

administration of this Act.

Section 60. Implementation. Six months following the date

of the program approval, a manufacturer or representative

organization shall implement a postconsumer paint collection

plan approved in accordance with Section 15.

Section 65. Postconsumer paint from households and small

businesses.

(a) Delivery of leftover architectural paint by households

and very small quantity generators to a collection site is

authorized to the extent provided in the postconsumer paint

program approved in accordance with Section 15 and in

accordance with federal and State law, rules, and regulations.

(b) Collection sites shall accept and temporarily store

architectural paint from households and very small quantity

generators to the extent provided in the postconsumer paint

stewardship program approved in accordance with Section 15 and

in accordance with federal and State law, rules, and

regulations.

(c) Nothing in this Act shall be construed as restricting

the collection of architectural paint by a postconsumer paint

stewardship program where the collection is authorized under

any otherwise applicable hazardous waste or solid waste laws,

rules, or regulations.

(d) Nothing in this Act shall be construed to affect any

requirements applicable to any person under any otherwise

applicable hazardous waste or solid waste laws, rules, or

regulations.

Section 70. Penalties.

(a) Any person who violates any provision of this Act is

liable for a civil penalty of $7,000 per violation, except

that the failure to register or pay a fee under this Act shall

cause the person who fails to register or pay the fee to be

liable for a civil penalty that is double the applicable

registration fee.

(b) The penalties provided for in this Section may be

recovered in a civil action brought in the name of the people

of the State of Illinois by the State's Attorney of the county

in which the violation occurred or by the Attorney General.

Any penalties collected under this Section in an action in

which the Attorney General has prevailed shall be deposited

into the Environmental Protection Trust Fund, to be used in

accordance with the provision of the Environmental Protection

Trust Fund Act.

(c) The Attorney General or the State's Attorney of a

county in which a violation occurs may institute a civil

action for an injunction, prohibitory or mandatory, to

restrain violations of this Act or to require such actions as

may be necessary to address violations of this Act.

(d) The penalties and injunctions provided in this Act are

in addition to any penalties, injunctions, or other relief

provided under any other State law. Nothing in this Act bars a

cause of action by the State for any other penalty,

injunction, or other relief provided by any other law.

(e) Any person who knowingly makes a false, fictitious, or

fraudulent material statement, orally or in writing, to the

Agency, related to or required by this Act or any rule adopted

under this Act commits a Class 4 felony, and each such

statement or writing shall be considered a separate Class 4

felony. A person who, after being convicted under this

subsection, violates this subsection a second or subsequent

time commits a Class 3 felony.

Section 905. The Freedom of Information Act is amended by

changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be

exempt from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other

records prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a

local emergency energy plan ordinance that is adopted

under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by carriers

under the Emergency Telephone System Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the

Capital Crimes Litigation Act. This subsection (n) shall

apply until the conclusion of the trial of the case, even

if the prosecution chooses not to pursue the death penalty

prior to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Department of Transportation under Sections 2705-300 and

2705-616 of the Department of Transportation Law of the

Civil Administrative Code of Illinois, the Regional

Transportation Authority under Section 2.11 of the

Regional Transportation Authority Act, or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Record Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

in the form of health data or medical records contained

in, stored in, submitted to, transferred by, or released

from the Illinois Health Information Exchange, and

identified or deidentified health information in the form

of health data and medical records of the Illinois Health

Information Exchange in the possession of the Illinois

Health Information Exchange Office due to its

administration of the Illinois Health Information

Exchange. The terms "identified" and "deidentified" shall

be given the same meaning as in the Health Insurance

Portability and Accountability Act of 1996, Public Law

104-191, or any subsequent amendments thereto, and any

regulations promulgated thereunder.

(u) Records and information provided to an independent

team of experts under the Developmental Disability and

Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed

Carry Licensing Review Board under the Firearm Concealed

Carry Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification

Card Review Board that are exempted from disclosure under

Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of

an eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure

under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being

disclosed under Section 7-603.5 of the Illinois Vehicle

Code.

(hh) Records that are exempt from disclosure under

Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure

under Section 2505-800 of the Department of Revenue Law of

the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be

submitted to the Department of Labor by registering day

and temporary labor service agencies but are exempt from

disclosure under subsection (a-1) of Section 45 of the Day

and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the

Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted

and exempted under Section 5-30.8 of the Illinois Public

Aid Code.

(mm) Records that are exempt from disclosure under

Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under

Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports

arising out of a peer support counseling session

prohibited from disclosure under the First Responders

Suicide Prevention Act.

(pp) Names and all identifying information relating to

an employee of an emergency services provider or law

enforcement agency under the First Responders Suicide

Prevention Act.

(qq) Information and records held by the Department of

Public Health and its authorized representatives collected

under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under

the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of

Human Rights pursuant to Section 2-108 of the Illinois

Human Rights Act.

(tt) Recordings made under the Children's Advocacy

Center Act, except to the extent authorized under that

Act.

(uu) Information that is exempt from disclosure under

Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under

subsections (f) and (j) of Section 5-36 of the Illinois

Public Aid Code.

(ww) Information that is exempt from disclosure under

Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or

information that shall not be made public under the

Illinois Insurance Code.

(yy) Information prohibited from being disclosed under

the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under

the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed

under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure

by the Illinois Police Training Act and the Illinois State

Police Act.

(ccc) Records exempt from disclosure under Section

2605-304 of the Illinois State Police Law of the Civil

Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed

under Section 35 of the Address Confidentiality for

Victims of Domestic Violence, Sexual Assault, Human

Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed

under subsection (b) of Section 75 of the Domestic

Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera

Act. This subsection (fff) is inoperative on and after

July 1, 2023.

(ggg) Information prohibited from disclosure under

paragraph (3) of subsection (a) of Section 14 of the Nurse

Agency Licensing Act.

(hhh) Information submitted to the Illinois Department

of State Police in an affidavit or application for an

assault weapon endorsement, assault weapon attachment

endorsement, .50 caliber rifle endorsement, or .50 caliber

cartridge endorsement under the Firearm Owners

Identification Card Act.

(iii) Confidential business information prohibited

from disclosure under Section 45 of the Paint Stewardship

Act.

(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;

101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.

1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,

eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;

101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.

1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,

eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;

102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.

7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised

2-13-23.)

Section 910. The Environmental Protection Act is amended

by changing Section 22.25 as follows:

(415 ILCS 5/22.15)

Sec. 22.15. Solid Waste Management Fund; fees.

(a) There is hereby created within the State Treasury a

special fund to be known as the Solid Waste Management Fund, to

be constituted from the fees collected by the State pursuant

to this Section, from repayments of loans made from the Fund

for solid waste projects, from registration fees collected

pursuant to the Consumer Electronics Recycling Act, from fees

collected under the Paint Stewardship Act, and from amounts

transferred into the Fund pursuant to Public Act 100-433.

Moneys received by either the Agency or the Department of

Commerce and Economic Opportunity in repayment of loans made

pursuant to the Illinois Solid Waste Management Act shall be

deposited into the General Revenue Fund.

(b) The Agency shall assess and collect a fee in the amount

set forth herein from the owner or operator of each sanitary

landfill permitted or required to be permitted by the Agency

to dispose of solid waste if the sanitary landfill is located

off the site where such waste was produced and if such sanitary

landfill is owned, controlled, and operated by a person other

than the generator of such waste. The Agency shall deposit all

fees collected into the Solid Waste Management Fund. If a site

is contiguous to one or more landfills owned or operated by the

same person, the volumes permanently disposed of by each

landfill shall be combined for purposes of determining the fee

under this subsection. Beginning on July 1, 2018, and on the

first day of each month thereafter during fiscal years 2019

through 2023, the State Comptroller shall direct and State

Treasurer shall transfer an amount equal to 1/12 of $5,000,000

per fiscal year from the Solid Waste Management Fund to the

General Revenue Fund.

(1) If more than 150,000 cubic yards of non-hazardous

solid waste is permanently disposed of at a site in a

calendar year, the owner or operator shall either pay a

fee of 95 cents per cubic yard or, alternatively, the

owner or operator may weigh the quantity of the solid

waste permanently disposed of with a device for which

certification has been obtained under the Weights and

Measures Act and pay a fee of $2.00 per ton of solid waste

permanently disposed of. In no case shall the fee

collected or paid by the owner or operator under this

paragraph exceed $1.55 per cubic yard or $3.27 per ton.

(2) If more than 100,000 cubic yards but not more than

150,000 cubic yards of non-hazardous waste is permanently

disposed of at a site in a calendar year, the owner or

operator shall pay a fee of $52,630.

(3) If more than 50,000 cubic yards but not more than

100,000 cubic yards of non-hazardous solid waste is

permanently disposed of at a site in a calendar year, the

owner or operator shall pay a fee of $23,790.

(4) If more than 10,000 cubic yards but not more than

50,000 cubic yards of non-hazardous solid waste is

permanently disposed of at a site in a calendar year, the

owner or operator shall pay a fee of $7,260.

(5) If not more than 10,000 cubic yards of

non-hazardous solid waste is permanently disposed of at a

site in a calendar year, the owner or operator shall pay a

fee of $1050.

(c) (Blank).

(d) The Agency shall establish rules relating to the

collection of the fees authorized by this Section. Such rules

shall include, but not be limited to:

(1) necessary records identifying the quantities of

solid waste received or disposed;

(2) the form and submission of reports to accompany

the payment of fees to the Agency;

(3) the time and manner of payment of fees to the

Agency, which payments shall not be more often than

quarterly; and

(4) procedures setting forth criteria establishing

when an owner or operator may measure by weight or volume

during any given quarter or other fee payment period.

(e) Pursuant to appropriation, all monies in the Solid

Waste Management Fund shall be used by the Agency for the

purposes set forth in this Section and in the Illinois Solid

Waste Management Act, including for the costs of fee

collection and administration, for administration of the Paint

Stewardship Act, and for the administration of the Consumer

Electronics Recycling Act and the Drug Take-Back Act.

(f) The Agency is authorized to enter into such agreements

and to promulgate such rules as are necessary to carry out its

duties under this Section and the Illinois Solid Waste

Management Act.

(g) On the first day of January, April, July, and October

of each year, beginning on July 1, 1996, the State Comptroller

and Treasurer shall transfer $500,000 from the Solid Waste

Management Fund to the Hazardous Waste Fund. Moneys

transferred under this subsection (g) shall be used only for

the purposes set forth in item (1) of subsection (d) of Section

22.2.

(h) The Agency is authorized to provide financial

assistance to units of local government for the performance of

inspecting, investigating, and enforcement activities pursuant

to subsection (r) of Section 4 Section 4(r) at nonhazardous

solid waste disposal sites.

(i) The Agency is authorized to conduct household waste

collection and disposal programs.

(j) A unit of local government, as defined in the Local

Solid Waste Disposal Act, in which a solid waste disposal

facility is located may establish a fee, tax, or surcharge

with regard to the permanent disposal of solid waste. All

fees, taxes, and surcharges collected under this subsection

shall be utilized for solid waste management purposes,

including long-term monitoring and maintenance of landfills,

planning, implementation, inspection, enforcement and other

activities consistent with the Solid Waste Management Act and

the Local Solid Waste Disposal Act, or for any other

environment-related purpose, including, but not limited to, an

environment-related public works project, but not for the

construction of a new pollution control facility other than a

household hazardous waste facility. However, the total fee,

tax or surcharge imposed by all units of local government

under this subsection (j) upon the solid waste disposal

facility shall not exceed:

(1) 60¢ per cubic yard if more than 150,000 cubic

yards of non-hazardous solid waste is permanently disposed

of at the site in a calendar year, unless the owner or

operator weighs the quantity of the solid waste received

with a device for which certification has been obtained

under the Weights and Measures Act, in which case the fee

shall not exceed $1.27 per ton of solid waste permanently

disposed of.

(2) $33,350 if more than 100,000 cubic yards, but not

more than 150,000 cubic yards, of non-hazardous waste is

permanently disposed of at the site in a calendar year.

(3) $15,500 if more than 50,000 cubic yards, but not

more than 100,000 cubic yards, of non-hazardous solid

waste is permanently disposed of at the site in a calendar

year.

(4) $4,650 if more than 10,000 cubic yards, but not

more than 50,000 cubic yards, of non-hazardous solid waste

is permanently disposed of at the site in a calendar year.

(5) $650 if not more than 10,000 cubic yards of

non-hazardous solid waste is permanently disposed of at

the site in a calendar year.

The corporate authorities of the unit of local government

may use proceeds from the fee, tax, or surcharge to reimburse a

highway commissioner whose road district lies wholly or

partially within the corporate limits of the unit of local

government for expenses incurred in the removal of

nonhazardous, nonfluid municipal waste that has been dumped on

public property in violation of a State law or local

ordinance.

For the disposal of solid waste from general construction

or demolition debris recovery facilities as defined in

subsection (a-1) of Section 3.160, the total fee, tax, or

surcharge imposed by all units of local government under this

subsection (j) upon the solid waste disposal facility shall

not exceed 50% of the applicable amount set forth above. A unit

of local government, as defined in the Local Solid Waste

Disposal Act, in which a general construction or demolition

debris recovery facility is located may establish a fee, tax,

or surcharge on the general construction or demolition debris

recovery facility with regard to the permanent disposal of

solid waste by the general construction or demolition debris

recovery facility at a solid waste disposal facility, provided

that such fee, tax, or surcharge shall not exceed 50% of the

applicable amount set forth above, based on the total amount

of solid waste transported from the general construction or

demolition debris recovery facility for disposal at solid

waste disposal facilities, and the unit of local government

and fee shall be subject to all other requirements of this

subsection (j).

A county or Municipal Joint Action Agency that imposes a

fee, tax, or surcharge under this subsection may use the

proceeds thereof to reimburse a municipality that lies wholly

or partially within its boundaries for expenses incurred in

the removal of nonhazardous, nonfluid municipal waste that has

been dumped on public property in violation of a State law or

local ordinance.

If the fees are to be used to conduct a local sanitary

landfill inspection or enforcement program, the unit of local

government must enter into a written delegation agreement with

the Agency pursuant to subsection (r) of Section 4. The unit of

local government and the Agency shall enter into such a

written delegation agreement within 60 days after the

establishment of such fees. At least annually, the Agency

shall conduct an audit of the expenditures made by units of

local government from the funds granted by the Agency to the

units of local government for purposes of local sanitary

landfill inspection and enforcement programs, to ensure that

the funds have been expended for the prescribed purposes under

the grant.

The fees, taxes or surcharges collected under this

subsection (j) shall be placed by the unit of local government

in a separate fund, and the interest received on the moneys in

the fund shall be credited to the fund. The monies in the fund

may be accumulated over a period of years to be expended in

accordance with this subsection.

A unit of local government, as defined in the Local Solid

Waste Disposal Act, shall prepare and post on its website, in

April of each year, a report that details spending plans for

monies collected in accordance with this subsection. The

report will at a minimum include the following:

(1) The total monies collected pursuant to this

subsection.

(2) The most current balance of monies collected

pursuant to this subsection.

(3) An itemized accounting of all monies expended for

the previous year pursuant to this subsection.

(4) An estimation of monies to be collected for the

following 3 years pursuant to this subsection.

(5) A narrative detailing the general direction and

scope of future expenditures for one, 2 and 3 years.

The exemptions granted under Sections 22.16 and 22.16a,

and under subsection (k) of this Section, shall be applicable

to any fee, tax or surcharge imposed under this subsection

(j); except that the fee, tax or surcharge authorized to be

imposed under this subsection (j) may be made applicable by a

unit of local government to the permanent disposal of solid

waste after December 31, 1986, under any contract lawfully

executed before June 1, 1986 under which more than 150,000

cubic yards (or 50,000 tons) of solid waste is to be

permanently disposed of, even though the waste is exempt from

the fee imposed by the State under subsection (b) of this

Section pursuant to an exemption granted under Section 22.16.

(k) In accordance with the findings and purposes of the

Illinois Solid Waste Management Act, beginning January 1, 1989

the fee under subsection (b) and the fee, tax or surcharge

under subsection (j) shall not apply to:

(1) waste which is hazardous waste;

(2) waste which is pollution control waste;

(3) waste from recycling, reclamation or reuse

processes which have been approved by the Agency as being

designed to remove any contaminant from wastes so as to

render such wastes reusable, provided that the process

renders at least 50% of the waste reusable; the exemption

set forth in this paragraph (3) of this subsection (k)

shall not apply to general construction or demolition

debris recovery facilities as defined in subsection (a-1)

of Section 3.160;

(4) non-hazardous solid waste that is received at a

sanitary landfill and composted or recycled through a

process permitted by the Agency; or

(5) any landfill which is permitted by the Agency to

receive only demolition or construction debris or

landscape waste.

(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;

102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.

8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;

102-1055, eff. 6-10-22; revised 8-25-22.)