Bill Text: IL SB3165 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Statewide Recycling Needs Assessment Act. Requires the competitive solicitation issued by the Environmental Protection Agency for the statewide needs assessment, as well as the contract executed for that purpose by the Agency and the consultant, to specify that the data or information received by the consultant and Agency are to be used exclusively for purposes of the assessment. Provides that persons with data or information required to complete the statewide needs assessment shall provide an independent accounting firm selected by the Agency (rather than the Agency) with firm data or information to assist in completing the assessment. Requires the independent accounting firm to enter into a nondisclosure agreement with each person who provides data or information that is required to complete the assessment. Provides that any person aggrieved by a violation of the terms and conditions of a nondisclosure agreement may institute a civil action to recover damages. Defines "nondisclosure agreement". Makes a conforming change in the Freedom of Information Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-05-01 - Placed on Calendar 2nd Reading - Short Debate [SB3165 Detail]

Download: Illinois-2023-SB3165-Engrossed.html

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SB3165 Engrossed LRB103 39304 LNS 69458 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
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

SB3165 Engrossed - 2 - LRB103 39304 LNS 69458 b
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.

SB3165 Engrossed - 3 - LRB103 39304 LNS 69458 b
(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 (repealed). 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

SB3165 Engrossed - 4 - LRB103 39304 LNS 69458 b
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 (repealed).
(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) (Blank).
(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.

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(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

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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

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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.

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(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

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Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(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 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) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (Reserved).
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(nnn) Data or information provided pursuant to Section
20 of the Statewide Recycling Needs and Assessment Act.

SB3165 Engrossed - 10 - LRB103 39304 LNS 69458 b
(Source: P.A. 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; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
(Text of Section after amendment by P.A. 103-472)
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

SB3165 Engrossed - 11 - LRB103 39304 LNS 69458 b
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

SB3165 Engrossed - 12 - LRB103 39304 LNS 69458 b
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 (repealed). 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

SB3165 Engrossed - 13 - LRB103 39304 LNS 69458 b
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 (repealed).
(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) (Blank).
(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

SB3165 Engrossed - 14 - LRB103 39304 LNS 69458 b
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

SB3165 Engrossed - 15 - LRB103 39304 LNS 69458 b
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.

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(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

SB3165 Engrossed - 17 - LRB103 39304 LNS 69458 b
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.

SB3165 Engrossed - 18 - LRB103 39304 LNS 69458 b
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(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 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) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(nnn) Data or information provided pursuant to Section
20 of the Statewide Recycling Needs and Assessment Act.

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(Source: P.A. 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; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
Section 10. The Statewide Recycling Needs Assessment Act
is amended by changing Sections 10 and 20 as follows:
(415 ILCS 180/10)
Sec. 10. Definitions. In this Act:
"Advisory Council" means the Statewide Recycling Needs
Assessment Advisory Council established under Section 20.
"Agency" means the Environmental Protection Agency.
"Compost" has the meaning given to that term in Section
3.150 of the Environmental Protection Act.
"Compostable material" means a material that is designed
to contact, contain, or carry a product that can be collected
for composting and that is capable of undergoing aerobic
biological decomposition in a controlled composting system as
demonstrated by meeting ASTM D6400, ASTM D6868, or any
successor standards.
"Composting rate" means the percentage of discarded
materials that are managed through composting. A composting

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rate is calculated by dividing the total weight of all
packaging and paper products that are collected for composting
by the total weight of all packaging and paper products sold,
distributed, or served to consumers in the State during the
study period.
"Covered entity" means a person or entity responsible for:
(1) a single or multifamily residence, either
individually or jointly through a unit of local
government;
(2) a public or private school for grades kindergarten
through 12th grade;
(3) a State or local government facility; or
(4) a public space, including, but not limited to,
public spaces, such as parks, trails, transit stations,
and pedestrian areas for which the State or a unit of local
government is responsible.
"Curbside recycling" means the collection of recyclable
materials from covered entities at the site where the
recyclable materials are generated.
"Director" means the Director of the Agency.
"Drop-off recycling" means the collection of recyclable
material from covered entities at one or more centralized
sites.
"Environmental justice community" means environmental
justice community as defined by the Illinois Solar for All
Program, as that definition is updated from time to time by the

SB3165 Engrossed - 21 - LRB103 39304 LNS 69458 b
Illinois Power Agency and the Administrator of the Illinois
Solar for All Program.
"Hauler" means a person who collects recyclable or
compostable materials and transports them to an MRF or compost
facility, or to an intermediate facility from which materials
are then transported to an MRF or compost facility.
"Material recovery facility" or "MRF" means a facility
where recyclable materials collected via curbside recycling or
drop-off recycling are consolidated and sorted for return to
the economic mainstream in the form of raw materials.
"Nondisclosure agreement" means an agreement that requires
the parties to the agreement to treat the data or information
provided to complete the statewide needs assessment as
confidential, commercial, or financial information that may
not be disclosed to any party, person, or entity, except as
provided by this Act.
"Packaging" means a discrete material or category of
material, regardless of recyclability. "Packaging" includes,
but is not limited to, a material type, such as paper, plastic,
glass, metal, or multi-material, that is:
(1) used to protect, contain, transport, or serve a
product;
(2) sold or supplied to consumers expressly for the
purpose of protecting, containing, transporting, or
serving products;
(3) attached to a product or its container for the

SB3165 Engrossed - 22 - LRB103 39304 LNS 69458 b
purpose of marketing or communicating information about
the product;
(4) supplied at the point of sale to facilitate the
delivery of the product; or
(5) supplied to or purchased by consumers expressly
for the purpose of facilitating food or beverage
consumption and ordinarily disposed of after a single use
or short-term use, whether or not it could be reused.
"Packaging" does not include:
(1) a medical device or packaging that is included
with products regulated:
(A) as a drug, medical device, or dietary
supplement by the United States Food and Drug
Administration under the Federal Food, Drug, and
Cosmetic Act;
(B) as a combination product as defined under 21
CFR 3.2(e); or
(C) under the federal Dietary Supplement Health
and Education Act of 1994;
(2) animal biologics, including, but not limited to,
vaccines, bacterins, antisera, diagnostic kits, other
products of biological origin, and other packaging and
paper products regulated by the United States Department
of Agriculture under the federal Virus, Serum, Toxin Act;
(3) packaging regulated under the Federal Insecticide,
Fungicide, and Rodenticide Act or another applicable

SB3165 Engrossed - 23 - LRB103 39304 LNS 69458 b
federal law, rule, or regulation; and
(4) beverage containers subject to a returnable
container deposit, if applicable.
"Paper product" means:
(1) paper that can or has been printed on to create
flyers, brochures, booklets, catalogs, greeting cards,
telephone directories, newspapers, magazines; and
(2) paper used for copying, writing, or any other
general use.
"Paper product" does not include:
(1) paper that, by virtue of its anticipated use,
could become unsafe or unsanitary to recycle; or
(2) any form of bound book, including, but not limited
to, bound books for literary, textual, or reference
purposes.
"Person" means any individual, partnership, copartnership,
firm, company, limited liability company, corporation,
association, joint-stock company, trust, estate, political
subdivision, State agency, any other legal entity, or their
legal representative, agent, or assign.
"Postconsumer material" means packaging or paper products
that have served their intended end use as consumer items.
"Postconsumer material" does not include a by-product or waste
material generated during or after the completion of a
manufacturing or converting process.
"Postconsumer recycled content" means the portion of an

SB3165 Engrossed - 24 - LRB103 39304 LNS 69458 b
item of packaging or paper product made from postconsumer
material that has been recycled.
"Recycling" has the meaning given to "recycling,
reclamation or reuse" in Section 3.380 of the Environmental
Protection Act. "Recycling" does not include landfill disposal
of packaging or paper products or the residue resulting from
the processing of packaging or paper products at an MRF, use as
alternative daily cover or any other beneficial use at a
landfill, incineration, energy recovery, or energy generation
by means of combustion, or final conversion of packaging and
paper products or their components and by-products to a fuel.
"Recycling rate" means the percentage of packaging and
paper products returned to the economic mainstream in the form
of raw materials or products rather than being disposed of or
discarded. The recycling rate is calculated by dividing the
total weight of packaging and paper products that are
collected for recycling by the total weight of packaging and
paper products sold, distributed, or served to consumers in
the State during the study period, not including the residue
that is landfilled after processing by an MRF.
"Reusable" means:
(1) designed to be refilled or used repeatedly for its
original intended purpose and is returnable;
(2) safe for washing and sanitizing according to
applicable State food safety laws; and
(3) with the exception of ceramic products, capable of

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being recycled at the end of use.
"Reuse" means the return of packaging to the economic
stream for use in the same kind of application intended for the
original packaging without effectuating a change in the
original composition of the package, the identity of the
product, or the components thereof.
"Rigid plastic" means packaging made of plastic that has a
relatively inflexible finite shape or form and is capable of
maintaining its shape while empty or while holding other
products.
"Service provider" means a hauler, an MRF, or a composting
facility.
"Single-use packaging or product" means a packaging or
product that is supplied to or purchased by consumers
expressly for the purpose of facilitating food or beverage
consumption and that is ordinarily disposed of after a single
use or short-term use, whether or not it could be reused.
"Study period" means the period represented by the data
compiled and analyzed in the completion of the Statewide
Recycling Needs Assessment. The study period shall be a
minimum of a one-year calendar period not earlier than 2022
and shall be clearly defined in the scope of work. If more than
one year of data is used, data shall be presented on an annual
basis.
(Source: P.A. 103-383, eff. 7-28-23.)

SB3165 Engrossed - 26 - LRB103 39304 LNS 69458 b
(415 ILCS 180/20)
Sec. 20. Statewide needs assessment.
(a) The Agency shall issue a competitive solicitation in
accordance with the Illinois Procurement Code to select a
qualified consultant to conduct a statewide needs assessment
to assess recycling, composting, and reuse conditions in the
State for packaging and paper products, including identifying
current conditions and an evaluation of the capacity, costs,
gaps, and needs associated with recycling and the diversion of
packaging and paper products. The Agency shall select the
consultant on or before January 1, 2025 July 1, 2024. The
competitive solicitation issued by the Agency and the
contract, including any contract modification or extension,
executed by the consultant and the Agency must provide that
the data or information received by the consultant and the
Agency must be used exclusively to complete the statewide
needs assessment and for no other purposes. The needs
assessment shall be funded by an appropriation from the
Agency's Solid Waste Management Fund or other appropriated
funding.
(b) All packaging and paper products sold, offered for
sale, distributed, or imported into the State shall be
included in the needs assessment.
(c) The needs assessment shall address, at a minimum, the
following factors for covered entities:
(1) the quantity, by weight and type, of packaging and

SB3165 Engrossed - 27 - LRB103 39304 LNS 69458 b
paper products sold, offered for sale, distributed, or
served to consumers in the State by material type and
format;
(2) current collection systems for packaging and paper
products in the State, including for reuse, recycling,
composting, and disposal;
(3) the quantity, by weight, of municipal waste
disposed on a county-by-county basis for all counties in
the State;
(4) the processing capacity and infrastructure for
reusable, recyclable, and compostable packaging and paper
products collected in the State, including capacity and
infrastructure outside the State which serves or may serve
the State;
(5) current reuse, recycling, and composting rates for
packaging and paper products in the State by material
type;
(6) current postconsumer recycled content use by
material type for all packaging and paper products sold in
the State;
(7) current reusability, recyclability, or
compostability of packaging and paper products, by
material type, for all packaging and paper products sold,
offered for sale, distributed, or served in the State;
(8) current system-wide costs for the collection,
reuse, recycling, and composting of packaging and paper

SB3165 Engrossed - 28 - LRB103 39304 LNS 69458 b
products;
(9) current operational and capital funding
limitations impacting reuse, recycling, and composting
access and availability for packaging and paper products
throughout the State;
(10) collection and processing system needs to provide
access to curbside recycling services for all covered
entities within municipalities with a population of 1,500
or more based on the most recent United States Census,
with collection provided no less frequently than every 2
weeks, and at least one drop-off location for recyclable
materials within 15 miles of the municipal boundary for
municipalities with a population less than 1,500, with
needs identified on a county-by-county basis for all
counties in the State, and the estimated costs to meet the
access requirements;
(11) program costs and capital investments required to
achieve a 35%, 50%, and 65% recycling rate by December 31,
2035 for each material type, including paper, plastic,
glass, and metal, and including investment into existing
and future reuse, recycling, and composting infrastructure
for packaging and paper products;
(12) the market conditions and opportunities for
reusable, recyclable, and compostable packaging and paper
products in the State and regionally;
(13) multilingual public education needs for the

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reduction, reuse, recycling, and composting of packaging
and paper products, including, but not limited to, a
scientific survey of current awareness among residents of
this State of proper end-of-life management for packaging
and paper products and the needs associated with the
reduction of contamination rates at MRFs in the State; and
(14) an assessment of environmental justice and
recycling equity in the State, including, but not limited
to:
(A) an evaluation of current access to and the
performance of curbside and drop-off recycling
programs in units of local government designated as
environmental justice areas; and
(B) a comparison of the location of MRFs and
compost facilities in units of local government that
have been designated as environmental justice areas
with units of local government that are not so
designated.
(d) Persons with data or information required to complete
the statewide needs assessment shall provide an independent
entity selected by the Agency with such data or information in
a timely fashion to assist in completing the statewide needs
assessment. The independent entity must be a CPA firm, as
defined in the Illinois Public Accounting Act. The independent
entity shall enter into a nondisclosure agreement with each
person who provides data or information required to complete

SB3165 Engrossed - 30 - LRB103 39304 LNS 69458 b
the statewide needs assessment. The independent entity shall
aggregate the data or information received from all parties
using, to the extent practicable, the factors enumerated in
subsection (c) and transmit the data or information to the
consultant and the Agency in a manner that does not identify
the party who provided specific data or information. The data
or information received by the independent entity may not be
used for any other purpose. No person shall be required to
provide data or information related to the statewide needs
assessment until the person has received a nondisclosure
agreement executed by the independent entity. Any person
aggrieved by a violation of the terms and conditions of a
nondisclosure agreement may institute a civil action to
recover damages.
(e) On or before June 30, 2026 December 31, 2025, the
Agency shall provide the draft needs assessment to the
Advisory Council. The Advisory Council shall provide written
comments to the Agency within 60 days after receipt of the
needs assessment. The Agency's consultant shall include an
assessment of comments received in the revised draft needs
assessment submitted to the Agency and shall provide a summary
and an analysis of any issues raised by the Advisory Council
and significant changes suggested by any such comments, a
statement of the reasons why any significant changes were not
incorporated into the results of the study, and a description
of any changes made to the results of the needs assessment as a

SB3165 Engrossed - 31 - LRB103 39304 LNS 69458 b
result of such comments. The needs assessment shall be
finalized by the Agency on or before November 1, 2026 May 1,
2026.
(Source: P.A. 103-383, eff. 7-28-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.