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The following Bills introduced in this legislative session may be of importance to the ILCSWMA Membership.
SB1531 DISPOSABLE FOOD CONTAINER ACT, Sen. Fine – Passed Committee 7-2; Awaiting a floor vote.
Synopsis As Introduced
Creates the Disposable Food Service Container Act. Provides that, beginning January 1, 2030, a person may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Specifies that the prohibition does not apply to any activity authorized under an ordinance or resolution adopted by a unit of local government on or before January 1, 2024 or with respect to sales made to a unit of local government for use by the unit of local government for its internal operations. Sets forth penalties for violations of the Act. Limits home rule powers. Effective immediately.
Senate Amendment No. 1
This bill replaces everything after the enacting clause with the bill's provisions, introduced with the following changes: The Act does not prohibit the manufacture of disposable food service containers composed of whole or in part polystyrene foam for distribution or sale outside the State. It also provides that a person who violates the Act is to be provided with a written warning for the first violation. Effective immediately.
Senate Amendment No. 2
The definition of "disposable food service container" excludes egg cartons.
SB1872 PLASTIC BAG REDUCTION ACT, Sen. Castro – Passed Committee 7-2; Awaiting a floor vote.
Synopsis As Introduced
Creates the Single-Use Plastic Bag Reduction Act. Defines terms. Prohibits, starting July 1, 2026, a retail mercantile establishment from offering or making available a single-use checkout bag to consumers at the point of sale. Allows a retail mercantile establishment to offer a recycled paper bag or reusable bag to consumers. Requires a fee of at least $0.10 per recycled bag to be retained by the retail mercantile establishment. Exempts bags for certain governmental food assistance programs. Limits use of the fee with respect to credit card and other fees. Provides for educational material and signage. Provides for enforcement, including civil penalties. Limits home rule powers.
Senate Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Delays the beginning of the single-use checkout bag prohibition from July 1, 2026, to January 1, 2028. Makes changes in provisions regarding enforcement and penalties. Deletes provisions regarding the final purchase price with respect to a recycled paper bag fee when a consumer uses a credit card or similar device to purchase the paper bag. Changes the definition of "small retail mercantile establishment". Makes technical changes.
Senate Amendment No. 2
Changes the beginning of the single-use checkout bag prohibition from January 1, 2028, to January 1, 2029.
SB2414 Consumer Electronics Recycling, Sen. Homes – Passed Committee 9-0; HB3098 Consumer Electronics Recycling, Rep. Olickal – Passed Committee 29-0; Both awaiting a floor vote.
Synopsis of Both Bills As Introduced
Amends the Consumer Electronics Recycling Act. Adds and changes definitions. Changes references to residential covered electronic devices (CEDs) to references to CEDs from covered entities. Adds a nonprofit organization or recycler to certain provisions regarding the use of a retail or private network (rather than only retail) collection site with the agreement of the applicable retailer under certain local agreements. Changes references to retail collection sites to references to retail or private network collection sites. Adds to requirements for certain agreements, including those to be reduced to writing and included in the manufacturer e-waste program plan. Adds to requirements for the manufacturer e-waste program plan. Adds conditions in certain provisions regarding the applicable county, municipal joint action agency, or municipality. Adds certain waivers for charges for shortfalls in provisions regarding collection of CEDs. Adds requirements for the Advisory Electronics Task Force to submit certain information to the Environmental Protection Agency, as well as to communicate regarding certain updates and certain feedback. Adds provisions regarding education and consumer awareness requirements. Deletes an automatic repeal provision.
Senate Amendment No. 1 and Senate Amendment No. 2
Makes minor changes to language referring to “Residence” and Covered Entities” and extends the repeal of the bill (sunset date) to December 31, 2031
House Amendment No. 1
Makes minor changes to language referring to “Residence” and Covered Entities” and extends the repeal of the bill (sunset date) to December 31, 2031
House Amendment No. 2
Makes minor language changes to the bill.
HB 1707 EPA-Landfill Gas Mgmt., Rep. Mason– Passed Committee 19-10; Held on second reading.
Synopsis As Introduced
Amends the Environmental Protection Act. Defines "organic waste". Provides that no person shall conduct an organic waste composting operation, other than a landscape waste composting operation, without an Agency permit. Exempts from this permitting requirement: (1) persons conducting an organic waste composting operation that (i) has no more than 25 cubic yards of source-separated organic waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity and (2) persons conducting an organic waste composting operation that meets certain siting and operational requirements.
House Amendment No. 1
Replaces everything to be identical to its companion SB1398 as described below.
SB1398 Solid Waste-Ban-Food Waste, Sen. Johnson – Assigned to Committee (companion Bill to HB1707)
Synopsis As Introduced
Amends the Environmental Protection Act. Defines the terms "anaerobic digester", "anaerobic digestion", and "food". Deletes provisions that exempted certain composting facilities from regulation as a pollution control facility. Creates exemptions from the definition of "pollution control facility" for (i) the portion of a site or facility that is used for anaerobic digestion and (ii) the portion of a site or facility that is used to process food scrap at a food scrap processing facility. Provides for moneys that are appropriated from the Solid Waste Management Fund to the Agency in certain years for solid waste management activities to be segregated into a separate account for use by the Prairie Research Institute of the University of Illinois for the costs of implementing the Illinois Solid Waste Management Act. Amends the Solid Waste Planning and Recycling Act. Updates requirements for each county waste management plan's recycling program with respect to food scrap collection programs. Amends the Illinois Solid Waste Management Act. Provides that a person that generates more than the applicable regulatory threshold of food and food scrap and that is located within 20 miles, prior to July 1, 2035, or 25 miles, on and after July 1, 2035, of an Agency-permitted composting facility or anaerobic digester that accepts food scrap and that has the permitted capacity to accept food scrap shall, among other things, source separate food and food scrap from other solid waste and either arrange for the transfer of the food or food scrap to a location that manages food and food scrap in a manner consistent with the food and food scrap management hierarchy set forth in the Act or manage the food and food scrap on site in accordance with other applicable State and local laws and rules. Grants the Agency rulemaking powers. Contains other provisions. Effective immediately.
HB1893 Household Hazardous Waste, Rep. Chung – Passed Committee 19-10; Held on second reading.
Synopsis As Introduced
Creates the Household Hazardous Waste Stewardship Act. Requires manufacturers, beginning January 1, 2027, to implement a stewardship program for covered products. Details manufacturer obligations under the stewardship program, including in the context of a stewardship organization comprised of manufacturers. Requires registration by April 1, 2026, and annually, for each manufacturer who sells covered products in the State and each stewardship organization. Details the roles of retailers and collections sites. Outlines stewardship plan components. Provides requirements for the Environmental Protection Agency for stewardship plan approval. Details requirements for a stewardship organization implementing a stewardship plan, as well as other statewide collection requirements. Details reporting requirements. Requires a stewardship organization to pay to the Agency an annual fee of $200,000, split if there is more than one stewardship organization. Provides for responsibilities for the Agency. Provides for immunity from antitrust laws. Provides for rulemaking authority for the Agency. Provides for civil and criminal penalties.
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