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Public Act 103-0372
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SB0836 Enrolled | LRB103 03291 CPF 48297 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Paint |
Stewardship Act.
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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 |
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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 |
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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.
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(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 |
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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.
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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 |
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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 |
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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.
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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 |
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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 |
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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 |
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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 |
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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.
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Section 20. Incineration prohibited. No person shall |
incinerate architectural paint collected pursuant to a paint |
stewardship plan approved in accordance with Section 15.
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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.
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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 |
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manufacturer, distributor, or representative organization.
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Nothing in this Act prohibits a manufacturer and a retailer |
from entering into remitter agreements.
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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.
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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 |
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
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applicable hazardous waste or solid waste laws, rules, or |
regulations.
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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 |
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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.
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Section 905. The Freedom of Information Act is amended by |
changing Section 7.5 as follows:
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(5 ILCS 140/7.5)
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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 |
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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 |
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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 |
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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.
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(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 |
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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 |
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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. |
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(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 |
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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 |
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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
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2605-304 of the Illinois State Police Law of the Civil
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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. |
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(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)
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Sec. 22.15. Solid Waste Management Fund; fees.
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(5) If not more than 10,000 cubic yards of |
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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.
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(c) (Blank).
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(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:
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(1) necessary records identifying the quantities of |
solid waste received
or disposed;
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(2) the form and submission of reports to accompany |
the payment of fees
to the Agency;
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(3) the time and manner of payment of fees to the |
Agency, which payments
shall not be more often than |
quarterly; and
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(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.
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(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.
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(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.
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(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.
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(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.
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(i) The Agency is authorized to conduct household waste |
collection and
disposal programs.
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(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:
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(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.
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(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.
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(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.
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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.
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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.
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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.
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(2) The most current balance of monies collected |
pursuant to this
subsection.
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(3) An itemized accounting of all monies expended for |
the previous year
pursuant to this subsection.
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(4) An estimation of monies to be collected for the |
following 3
years pursuant to this subsection.
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(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.
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(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:
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(1) waste which is hazardous waste;
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(2) waste which is pollution control waste;
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(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;
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(4) non-hazardous solid waste that is received at a |
sanitary landfill
and composted or recycled through a |
process permitted by the Agency; or
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(5) any landfill which is permitted by the Agency to |
receive only
demolition or construction debris or |
landscape waste.
|