Bill Amendment: IL SB3686 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: BATTERY STEWARDSHIP ACT

Status: 2024-08-09 - Public Act . . . . . . . . . 103-1033 [SB3686 Detail]

Download: Illinois-2023-SB3686-Senate_Amendment_002.html

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Sen. David Koehler

Filed: 4/8/2024

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AMENDMENT TO SENATE BILL 3686
AMENDMENT NO. ______. Amend Senate Bill 3686, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 1. Short title. This Act may be cited as the
Portable and Medium-Format Battery Stewardship Act.
Section 5. Findings. The General Assembly finds that:
(1) It is in the public interest of the citizens of
Illinois to encourage the recovery and reuse of materials,
such as metals, that replace the output of mining and
other extractive industries.
(2) Without a dedicated battery stewardship program,
battery user confusion regarding proper management options
for portable and medium-format batteries will persist.
(3) Ensuring the proper handling, recycling, and
end-of-life management of used portable and medium-format

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batteries prevents the release of toxic materials into the
environment and removes materials from the waste stream
that, if mishandled, may present safety concerns to
workers, such as by igniting fires at solid waste handling
facilities. For this reason, batteries should not be
placed into commingled recycling containers or disposed of
by traditional garbage collection containers.
(4) Jurisdictions around the world have successfully
implemented battery stewardship laws that have helped
address the challenges posed by the end-of-life management
of portable and medium-format batteries. Since it is
difficult for customers to differentiate between types and
chemistries of batteries, it is the best practice for
battery stewardship programs to collect all battery types
and chemistries.
Section 10. Definitions. As used in this Act, unless the
context clearly requires otherwise:
"Agency" means the Illinois Environmental Protection
Agency.
"Battery-containing product" means a product sold, offered
for sale, or distributed in or into this State that contains or
is packaged with rechargeable or primary batteries that are
covered batteries. "Battery-containing product" does not
include a covered electronic device subject to the
requirements of the Consumer Electronics Recycling Act.

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"Battery stewardship organization" means a producer that
directly implements a battery stewardship plan required under
this Act or a nonprofit organization designated by a producer
or group of producers to implement a battery stewardship plan
required under this Act.
"Collection rate" means a percentage, by weight, that a
battery stewardship organization collects that is calculated
by dividing the total weight of primary and rechargeable
batteries collected by the battery stewardship organization
during the previous calendar year by the average annual weight
of primary and rechargeable batteries that were estimated by
the battery stewardship organization to have been sold in the
State during the previous 3 calendar years by all producers
participating in an approved battery stewardship plan.
"Covered battery" means a portable battery or a
medium-format battery.
"Covered battery" does not include:
(1) a battery contained within a medical device, as
specified in 21 U.S.C. 321(h) as it existed as of the
effective date of this Act, that is not designed and
marketed for sale or resale principally to consumers for
personal use;
(2) a battery that contains an electrolyte as a free
liquid;
(3) a lead-acid battery weighing greater than 11
pounds;

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(4) a battery subject to the provisions of Section
22.23 of the Environmental Protection Act; and
(5) a battery in a battery-containing product that is
not intended or designed to be easily removable from the
battery-containing product.
"Easily removable" means designed by the manufacturer to
be removable by the user of the product with no more than
commonly used household tools.
"Medium-format battery" means the following primary or
rechargeable covered batteries:
(1) for rechargeable batteries, a battery weighing
more than 11 pounds or having a rating of more than 300
watt-hours, or both, and no more than 25 pounds and having
a rating of no more than 2,000 watt-hours;
(2) for primary batteries, a battery weighing at least
4.4 pounds but not more than 25 pounds.
"Portable battery" means the following primary or
rechargeable covered batteries:
(1) for rechargeable batteries, a battery weighing no
more than 11 pounds and having a rating of no more than 300
watt-hours;
(2) for primary batteries, a battery weighing no more
than 4.4 pounds.
"Primary battery" means a battery that is not capable of
being recharged.
"Producer" means the following:

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(1) For covered batteries sold, offered for sale, or
distributed in or into this State:
(A) If the battery is sold, offered for sale, or
distributed in or into this State under the brand of
the battery manufacturer, the producer is the person
that manufactures the battery.
(B) If the battery is sold, offered for sale, or
distributed in or into this State under a retail brand
or under a brand owned by a person other than the
manufacturer, the producer is the brand owner.
(C) If there is no person to whom subparagraph (A)
or (B) of this paragraph (1) applies, the producer is
the person that is the licensee of a brand or trademark
under which the battery is sold, offered for sale, or
distributed in or into this State, whether or not the
trademark is registered in this State.
(D) If there is no person in the United States to
whom subparagraph (A), (B), or (C) of this paragraph
(1) applies, the producer is the person who is the
importer of record for the battery into the United
States.
(E) If there is no person with a commercial
presence within the State to whom subparagraph (A),
(B), (C), or (D) of this paragraph (1) applies, the
producer is the person who first sells, offers for
sale, or distributes the battery in or into this

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State.
(2) For covered battery-containing products containing
one or more covered batteries sold, offered for sale, or
distributed in or into this State:
(A) If the battery-containing product is sold,
offered for sale, or distributed in or into this State
under the brand of the product manufacturer, the
producer is the person that manufactures the product.
(B) If the battery-containing product is sold,
offered for sale, or distributed in or into this State
under a retail brand or under a brand owned by a person
other than the manufacturer, the producer is the brand
owner.
(C) If there is no person to whom subparagraph (A)
or (B) of this paragraph (2) applies, the producer is
the person that is the licensee of a brand or trademark
under which the product is sold, offered for sale, or
distributed in or into this State, whether or not the
trademark is registered in this State.
(D) If there is no person described in
subparagraph (A), (B), or (C) of this paragraph (2)
within the United States, the producer is the person
who is the importer of record for the product into the
United States.
(E) If there is no person described in
subparagraph (A), (B), (C), or (D) of this paragraph

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(2) with a commercial presence within the State, the
producer is the person who first sells, offers for
sale, or distributes the product in or into this
State.
(F) A producer does not include any person who
only manufactures, sells, offers for sale,
distributes, or imports into the State a
battery-containing product if the only batteries
contained in or supplied with the battery-containing
product are supplied by a producer that has joined a
registered battery stewardship organization as the
producer for that covered battery under this Act. Such
a producer of covered batteries that are included in a
battery-containing product must provide written
certification of that membership to both the producer
of the battery-containing product containing one or
more covered batteries and the battery stewardship
organization of which the battery producer is a
member.
(3) A person is the producer of a covered battery or
battery-containing product containing one or more covered
batteries sold, offered for sale, or distributed in or
into this State, as defined in this Section, except if
another party has contractually accepted responsibility as
a responsible producer and has joined a registered battery
stewardship organization as the producer for that covered

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battery or battery-containing product containing one or
more covered batteries under this Act.
"Program" means a program implemented by a battery
stewardship organization consistent with an approved battery
stewardship plan.
"Rechargeable battery" means a battery that contains one
or more voltaic or galvanic cells, electrically connected to
produce electric energy, designed to be recharged.
"Recycling" means recycling, reclamation, or reuse as
defined in Section 3.380 of the Environmental Protection Act.
For purposes of this Act, "recycling" does not include:
(1) combustion;
(2) incineration;
(3) energy generation;
(4) fuel production; or
(5) beneficial reuse in the construction and operation
of a solid waste landfill, including use of alternative
daily cover.
"Recycling efficiency rate" means the ratio of the weight
of components and materials recycled by a program operator
from covered batteries to the weight of covered batteries as
collected by the program operator.
"Retailer" means a person who sells covered batteries or
battery-containing products containing one or more covered
batteries in or into this State or offers or otherwise makes
available covered batteries or battery-containing products

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containing one or more covered batteries to a customer,
including other businesses, in this State.
Section 15. Requirement that producers implement a
stewardship plan.
(a) Beginning January 1, 2026, a producer selling, making
available for sale, or distributing covered batteries or
battery-containing products containing one or more covered
batteries in or into the State of Illinois shall participate
in an approved Illinois State battery stewardship plan through
participation in and funding of a battery stewardship
organization.
(b) Beginning January 1, 2026, no person shall sell
covered batteries or battery-containing products covered by
this Act in or into the State who does not participate in a
battery stewardship organization and battery stewardship plan.
Section 20. Role of retailers.
(a) Beginning July 1, 2026, a retailer may not sell, offer
for sale, distribute, or otherwise make available for sale a
covered battery or battery-containing product containing one
or more covered batteries unless the producer of the covered
battery or battery-containing product is identified as a
participant in a battery stewardship organization whose plan
has been approved by the Agency.
(b) A retailer is not in violation of the requirements of

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subsection (a) of this Section if the website made available
by the Agency under Section 55 lists, as of the date a product
is made available for retail sale, the producer or brand of
covered battery or battery-containing product containing one
or more covered batteries sold by the retailer as a
participant in an approved plan or the implementer of an
approved plan.
(c) Retailers of covered batteries or battery-containing
products containing one or more covered batteries are not
required to make retail locations available to serve as
collection sites for a stewardship program operated by a
battery stewardship organization. Retailers that serve as a
collection site must comply with the requirements for
collection sites, consistent with Section 40.
(d) A retailer may not sell, offer for sale, distribute,
or otherwise make available for sale covered batteries, unless
those batteries are marked consistently with the requirements
of Section 65. A producer of a product containing a covered
battery must certify to the retailers of its product that the
battery contained in the battery-containing product is marked
consistently with the requirements of Section 65.
(e) A retailer selling or offering covered batteries or
battery-containing products containing one or more covered
batteries for sale in the State may provide information,
provided to the retailer by the battery stewardship
organization, regarding available end-of-life management

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options for covered batteries collected by the battery
stewardship organization. The information that a battery
stewardship organization must make available to retailers for
voluntary use by retailers must include, but is not limited
to, in-store signage, written materials, and other promotional
materials that retailers may use to inform customers of the
available end-of-life management options for covered batteries
collected by the battery stewardship organization.
(f) Retailers, producers, or battery stewardship
organizations shall not charge a specific point-of-sale fee to
consumers to cover the administrative or operational costs of
the battery stewardship organization or the battery
stewardship program.
Section 25. Stewardship plan components.
(a) By July 1, 2025, each battery stewardship organization
must submit to the Agency for approval a plan for covered
batteries. The Agency shall review and approve a plan based on
whether it:
(1) lists and provides contact information for each
producer, battery brand, and battery-containing product
brand covered in the plan, including identifying producers
who have contractually accepted responsibility as a
producer in accordance with paragraph (3) of the
definition of producer in this Act;
(2) proposes performance goals, consistent with

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Section 30, including establishing performance goals for
each of the next 3 upcoming calendar years of program
implementation;
(3) describes how the battery stewardship organization
will make retailers aware of their obligation to sell only
covered batteries and battery-containing products
containing one or more covered batteries of producers
participating in an approved plan;
(4) describes the education and communications
strategy being implemented to promote participation in the
approved covered battery stewardship program and provide
the information necessary for effective participation of
consumers, retailers, and others;
(5) describes how the battery stewardship organization
will make available to collection sites, for voluntary
use, signage, written materials, and other promotional
materials that collection sites may use to inform
consumers of the available end-of-life management options
for covered batteries collected by the battery stewardship
organization;
(6) lists promotional activities to be undertaken, and
the identification of consumer awareness goals and
strategies that the program will employ to achieve these
goals after the program begins to be implemented;
(7) includes collection site safety training
procedures related to covered battery collection

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activities at collection sites, including a description of
operating protocols to reduce risks of spills or fires,
response protocols in the event of a spill or fire, and
protocols for safe management of damaged batteries that
are returned to collection sites;
(8) describes the method to establish and administer a
means for fully funding the program in a manner that
equitably distributes the program's costs among the
producers that are part of the battery stewardship
organization. For producers that choose to meet the
requirements of this Act individually, without joining a
battery stewardship organization, the plan must describe
the proposed method to establish and administer a means
for fully funding the program;
(9) describes the financing methods used to implement
the plan, consistent with Section 35;
(10) describes how the program will collect all
covered battery chemistries and brands on a free,
continuous, convenient, visible, and accessible basis, and
consistent with the requirements of Section 40, including
a description of how the statewide convenience standard
will be met and a list of collection sites, including the
address of collection sites;
(11) provides explanation for any delay anticipated by
the battery stewardship organization for the
implementation of the management of medium-format

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batteries such that implementation will begin later than
January 1, 2026, including a delay in the ability to
collect, package, transport, or process medium-format
batteries in accordance with the requirements of this Act,
and establishes an expected date of compliance for
management of medium-format batteries that is not later
than January 1, 2028 if a delay occurs;
(l2) describes the criteria to be used in the program
to determine whether an entity may serve as a collection
site for covered batteries under the program;
(13) establishes collection rate goals for each of the
first 3 years of implementation of the battery stewardship
plan that are based on the estimated total weight of
primary and rechargeable covered batteries that have been
sold in the State in the previous 3 calendar years by the
producers participating in the battery stewardship plan;
(14) identifies proposed service providers, such as
sorters, transporters, and processors, to be used by the
program for the final disposition of batteries and
proposed provisions for recordkeeping, tracking, and
documenting the fate of collected covered batteries;
(15) details how the program will achieve a recycling
efficiency rate, calculated in accordance with Section 50,
of at least 60% for rechargeable batteries and at least
70% for primary batteries; and
(16) proposes goals for increasing public awareness of

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the program and describes how the public education and
outreach components of the program under Section 45 will
be implemented.
(b) A battery stewardship organization must submit a new
plan to the Agency for approval no less than every 5 years. If
the performance goals under Section 30 of this Act and as
approved in the plan have not been met, the new plan shall
include corrective measures to be implemented by the battery
stewardship organization to meet the performance goals, which
may include improvements to the collection site network or
increased expenditures dedicated to education and outreach.
(c) A battery stewardship organization must provide plan
amendments to the Agency for approval when proposing changes
to the performance goals under Section 30 based on the
up-to-date experience of the program or when there is a change
to the method of financing plan implementation under Section
35. This does not include changes to the fees or fee structure
established in the plan.
(d) The Agency shall review stewardship plans and
stewardship plan amendments for compliance with this Act and
shall approve, disapprove, or conditionally approve the plans
or plan amendments in writing within 120 days of their
receipt. If the Agency disapproves a stewardship plan or plan
amendment submitted by a battery stewardship organization, the
Agency shall explain how the stewardship plan or plan
amendment does not comply with this Act. The battery

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stewardship organization shall resubmit to the Agency a
revised stewardship plan or plan amendment or notice of plan
withdrawal within 60 days of the date the written notice of
disapproval is issued, and the Agency shall review the revised
stewardship plan or plan amendment within 90 days of
resubmittal. If a revised stewardship plan is disapproved by
the Agency, a producer operating under the stewardship plan
shall not be in compliance with this Act until the Agency
approves a stewardship plan submitted by a battery stewardship
organization that covers the producer's products.
(e) When a stewardship plan or an amendment to an approved
plan is submitted under this Section, the Agency shall make
the proposed plan or amendment available for public review and
comment for at least 30 days.
(f) A battery stewardship organization must provide
written notification to the Agency within 30 days of a
producer beginning or ceasing to participate in a battery
stewardship organization or of adding or removing a processor
or transporter.
Section 30. Performance goals.
(a) Each battery stewardship plan must include performance
goals that measure, on an annual basis, the achievements of
the program, including:
(1) the collection rate for batteries in Illinois;
(2) the recycling efficiency rate of the program; and

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(3) public awareness of the program.
(b) The performance goals established in each battery
stewardship plan must include, but are not limited to:
(1) target collection rates for primary batteries and
for rechargeable batteries;
(2) target recycling efficiency rates of at least 60%
for rechargeable batteries and at least 70% for primary
batteries; and
(3) goals for public awareness, convenience, and
accessibility that meet or exceed the minimum requirements
established in Section 40.
Section 35. Funding.
(a) A battery stewardship organization implementing a
battery stewardship plan on behalf of producers must develop
and administer a system to collect charges from participating
producers to cover the costs of plan implementation,
including:
(1) battery collection, transporting, and processing;
(2) education and outreach;
(3) program evaluation; and
(4) payment of the administrative fees to the Agency
under Section 55.
(b) Each battery stewardship organization is responsible
for all costs of participating covered battery collection,
transportation, processing, education, administration, agency

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reimbursement, recycling, and end-of-life management in
accordance with the requirements of this Act.
(c) Each battery stewardship organization must meet the
collection goals established in the approved stewardship plan
as specified in Section 25.
(d) A battery stewardship organization shall not reduce or
cease collection, education and outreach, or other activities
implemented under an approved plan based on achievement of
program performance goals.
(e) A battery stewardship organization must reimburse
local governments for demonstrable costs incurred as a result
of a local government facility or solid waste handling
facility serving as a collection site for a program including,
but not limited to, associated labor costs and other costs
associated with accessibility and collection site standards
such as storage.
(f) A battery stewardship organization shall at a minimum
provide collection sites with appropriate containers for
covered batteries subject to its program, training, signage,
safety guidance, and educational materials, at no cost to the
collection sites.
Section 40. Collection and management requirements.
(a) Battery stewardship organizations implementing a
battery stewardship plan must provide for the collection of
all covered batteries, including all chemistries and brands of

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covered batteries, on a free, continuous, convenient, visible,
and accessible basis to any person, business, governmental
agency, or nonprofit organization. Except as provided in
paragraphs (2) and (3) of subsection (b) of this Section, each
battery stewardship plan must arrange for the collection of
each chemistry and brand of covered battery from any person,
business, governmental agency, or nonprofit organization at
each collection site that counts toward satisfaction of the
collection site criteria in subsection (c) of this Section.
(b)(1) For each collection site used by the program, each
battery stewardship organization must provide suitable
collection containers for covered batteries that are
segregated from other solid waste or make mutually agreeable
alternative arrangements for the collection of batteries at
the site. The location of collection containers at each
collection site used by the program must be within view of a
responsible person and must be accompanied by signage that is
made available to the collection site by the battery
stewardship organization and informs customers regarding the
end-of-life management options for batteries provided by the
collection site under this Act. Each collection site must meet
applicable federal, State, and local regulatory requirements.
(2) Medium-format batteries may be collected only at
household hazardous waste collection sites or other staffed
collection sites that meet applicable federal, State, and
local regulatory requirements to manage medium-format

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batteries.
(3)(A) Damaged and defective batteries are intended to be
collected at collection sites staffed by persons trained to
handle and ship those batteries.
(B) Each battery stewardship organization must provide for
the collection, with qualified staff as specified in
subparagraph (A), of damaged and defective batteries at each
permanent household hazardous waste facility and at each
household hazardous waste collection event scheduled by the
Agency.
(C) As used in this subsection, "damaged and defective
batteries" means batteries that have been damaged or
identified by the manufacturer as being defective for safety
reasons and that have the potential of producing a dangerous
evolution of heat, fire, or short circuit, as referred to in 49
CFR 173.185(f) as of January 1, 2023, or as updated by the
Illinois Pollution Control Board by rule to maintain
consistency with federal standards.
(c)(1) Each battery stewardship organization implementing
a battery stewardship plan shall ensure statewide collection
opportunities for all covered batteries. Battery stewardship
organizations shall coordinate activities with other program
operators, including covered battery collection and recycling
programs and electronic waste recyclers, with regard to the
proper management or recycling of collected covered batteries,
for purposes of providing the efficient delivery of services

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and avoiding unnecessary duplication of effort and expense.
Statewide collection opportunities must be determined by
geographic information modeling that considers permanent
collection sites. A program may rely, in part, on collection
events to supplement the permanent collection services
required in paragraphs (2) and (3) of this subsection.
However, only permanent collection services specified in
paragraphs (2) and (3) of this subsection qualify toward the
satisfaction of the requirements of this subsection.
(2) For portable batteries, each battery stewardship
organization must provide statewide collection opportunities
that include:
(A) at least one permanent collection site for
portable batteries within a 15-mile radius for at least
95% of State residents; and
(B) at least one permanent collection site, collection
service, or collection event for portable batteries in
addition to those required in subparagraph (A) for every
30,000 residents of a county.
(3) For medium-format batteries, a battery stewardship
organization must provide statewide collection opportunities
that include:
(A) at least 10 permanent collection sites in
Illinois;
(B) reasonable geographic dispersion of collection
sites throughout the State;

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(C) a permanent collection site in each county of at
least 200,000 persons, as determined by the most recent
federal decennial census; and
(D) service to areas without a permanent collection
site. A battery stewardship organization must ensure that
there is a collection event at least once every 3 years in
each county of the State which does not have a permanent
collection site. Such collection events must provide for
the collection of all medium-format batteries, including
damaged and defective batteries.
(d) A battery stewardship organization shall ensure the
minimum number of collection sites specified in subsection (c)
of this Section are established by no later than December 31,
2026 for portable batteries and by no later than December 31,
2028 for medium-format batteries.
(e)(1) Battery stewardship programs must use existing
public and private waste collection services and facilities,
including battery collection sites that are established
through other battery collection services, transporters,
consolidators, processors, and retailers, if cost-effective,
mutually agreeable, and otherwise practicable.
(2) Battery stewardship programs must use as a collection
site for covered batteries any retailer, wholesaler,
municipality, solid waste management facility, household
hazardous waste facility, or other entity that meets the
criteria for collection sites in the approved plan up to the

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minimum number of sites required for compliance with
subsection (c) of this Section, upon the submission of a
request by the entity to the battery stewardship organization
to serve as a collection site. Battery stewardship programs
may use additional collection sites in excess of the minimum
required in subsection (c) of this Section as may be agreed
between the battery stewardship organization and the
collection site.
(3) Battery stewardship programs must use as a site for a
collection event for covered batteries any retailer,
wholesaler, municipality, solid waste management facility,
household hazardous waste facility, or other entity that meets
the criteria for collection events in the approved plan up to
the minimum number of sites required for compliance with
subsection (c) of this Section, upon the submission of a
request by the entity to the battery stewardship organization
to serve as a site for a collection event. Battery stewardship
programs may use additional sites for collection events in
excess of the minimum required in subsection (c) of this
Section as may be agreed between the battery stewardship
organization and the collection site.
(4) A battery stewardship organization may issue a
warning, suspend, or terminate a collection site or service
that does not adhere to the collection site criteria in the
approved plan or that poses an immediate health and safety
concern.

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(f)(1) Stewardship programs are not required to provide
for the collection of battery-containing products.
(2) Stewardship programs are not required to provide for
the collection of batteries that: (i) are not easily removable
from the product other than by the manufacturer; and (ii)
remain contained in a battery-containing product at the time
of delivery to a collection site.
(3) Stewardship programs are required to provide for the
collection of loose batteries.
(4) Stewardship programs are not required to provide for
the collection of batteries still contained in covered
electronic devices that are subject to the requirements of the
Consumer Electronics Recycling Act.
Section 45. Education and outreach requirements.
(a) Each battery stewardship organization must carry out
promotional activities in support of plan implementation
including, but not limited to:
(1) the development and maintenance of a website;
(2) the development and distribution of periodic press
releases and articles;
(3) the development and placement of advertisements
for use on social media or other relevant media platforms;
(4) the development of promotional materials about the
program and the restriction on the disposal of covered
batteries in Section 70 to be used by persons, including,

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but not limited to, retailers, government agencies, waste
and recycling collectors, and nonprofit organizations;
(5) the development and distribution of collection
site safety training procedures that are in compliance
with State law to collection sites to help ensure proper
management of covered batteries at collection sites; and
(6) the development and implementation of outreach and
educational resources that are conceptually,
linguistically, and culturally accurate for the
communities served and reach the State's diverse ethnic
populations, including through meaningful consultation
with communities that bear disproportionately higher
levels of adverse environmental and social justice
impacts.
(b) Each battery stewardship organization must provide:
(1) consumer-focused educational promotional
materials to each collection site used by the program and
accessible by customers of retailers that sell covered
batteries or battery-containing products containing one or
more covered batteries; and
(2) safety information related to covered battery
collection activities to the operator of each collection
site, including appropriate protocols to reduce risks of
spills or fires, response protocols in the event of a
spill or fire, and response protocols in the event of
detection of a damaged or defective battery.

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(c)(1) Each battery stewardship organization must provide
educational materials to the operator of each collection site
for the management of recalled batteries, which are not
intended to be part of collection as provided under this Act,
to help facilitate transportation and processing of recalled
batteries.
(2) A battery stewardship organization may seek
reimbursement from the producer of the recalled battery for
expenses incurred in the collection, transportation, or
processing of those batteries.
(d) Upon request by a retailer or other potential
collector, the battery stewardship organization must provide
the retailer or other potential collector educational
materials describing collection opportunities for batteries.
(e) If multiple battery stewardship organizations are
implementing plans approved by the Agency, the battery
stewardship organizations must coordinate in carrying out
their education and outreach responsibilities under this
Section and must include in their annual reports to the Agency
under Section 50 a summary of their coordinated education and
outreach efforts.
(f) During the first year of program implementation and
every 5 years thereafter, each battery stewardship
organization must carry out a survey of public awareness
regarding the requirements of the program established under
this Act, including the provisions of Section 70. Each battery

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stewardship organization must share the results of the public
awareness surveys with the Agency.
Section 50. Reporting requirements.
(a) By June 1, 2027, and each June 1st thereafter, each
battery stewardship organization must submit an annual report
to the Agency covering the preceding calendar year of battery
stewardship plan implementation. The report must include the
following:
(1) The report must include an independent financial
assessment of a program implemented by the battery
stewardship organization, including a breakdown of the
program's expenses, such as collection expenses, recycling
expenses, education expenses, and overhead expenses.
(2) The report must include a summary financial
statement documenting the financing of a battery
stewardship organization's program and an analysis of
program costs and expenditures, including an analysis of
the program's expenses, such as collection,
transportation, recycling, education, and administrative
overhead. The summary financial statement must be
sufficiently detailed to provide transparency that funds
collected from producers as a result of their activities
in Illinois are spent on program implementation in
Illinois. Battery stewardship organizations implementing
similar battery stewardship programs in multiple states

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may submit a financial statement including all covered
states, as long as the statement breaks out financial
information pertinent to Illinois.
(3) The report must include the weight, by chemistry,
of covered batteries collected under the program.
(4) The report must include the weight of materials
recycled from covered batteries collected under the
program, in total, and by method of battery recycling.
(5) The report must include a calculation of the
recycling efficiency rates, as measured consistent with
subsection (b) of this Section.
(6) The report must include a list of all facilities
used in the processing or disposition of batteries,
including identification of the facilities' location and
whether the facility is located domestically, in an
organization for economic cooperation and development
country, or in a country that meets organization for
economic cooperation and development operating standards,
and for domestic facilities provide a summary of any
violations of environmental laws and regulations over the
previous 3 years at each facility.
(7) The report must include, for each facility used
for the final disposition of batteries, a description of
how the facility recycled or otherwise managed batteries
and battery components.
(8) The report must include the weight and chemistry

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of batteries sent to each facility used for the final
disposition of batteries. The information in this
subdivision (a)(8) may be approximated for program
operations in Illinois based on extrapolations of national
or regional data for programs in operation in multiple
states.
(9) The report must include the collection rate
achieved under the program, including a description of how
this collection rate was calculated and how it compares to
the collection rate goals under Section 30.
(10) The report must include the estimated aggregate
sales, by weight and chemistry, of batteries and batteries
contained in or with battery-containing products sold in
Illinois by participating producers for each of the
previous 3 calendar years.
(11) The report must include a description of the
manner in which the collected batteries were managed and
recycled, including a discussion of best available
technologies and the recycling efficiency rate.
(12) The report must include a description of
education and outreach efforts supporting plan
implementation including, but not limited to, a summary of
education and outreach provided to consumers, collection
sites, manufacturers, distributors, and retailers by the
program operator for the purpose of promoting the
collection and recycling of covered batteries, a

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description of how that education and outreach met the
requirements of Section 45, samples of education and
outreach materials, a summary of coordinated education and
outreach efforts with any other battery stewardship
organizations implementing a plan approved by the Agency,
and a summary of any changes made during the previous
calendar year to education and outreach activities.
(13) The report must include a list of all collection
sites and an address for each listed site, and an
up-to-date map indicating the location of all collection
sites used to implement the program, with links to
appropriate websites where there are existing websites
associated with a site.
(14) The report must include a description of methods
used to collect, transport, and recycle covered batteries
by the battery stewardship organization.
(15) The report must include a summary of progress
made toward the program performance goals established
under Section 30, and an explanation of why performance
goals were not met, if applicable.
(16) The report must include an evaluation of the
effectiveness of education and outreach activities.
(b) The weight of batteries or recovered resources from
those batteries must only be counted once and may not be
counted by more than one battery stewardship organization.
(c) If a battery stewardship organization has disposed of

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covered batteries through energy recovery, incineration, or
landfilling during the preceding calendar year of program
implementation, the annual report must specify the steps that
the battery stewardship organization will take to make the
recycling of covered batteries cost-effective, where possible,
or to otherwise increase battery recycling rates achieved by
the battery stewardship organization.
(d) Proprietary information submitted to the Agency under
this Act is exempted from disclosure as provided under
paragraphs (g) and (mm) of subsection (1) of Section 7 of the
Freedom of Information Act.
Section 55. Fee and Agency role.
(a) By July 1, 2025, and by July 1 of each year thereafter,
each battery stewardship organization shall pay to the Agency
an annual fee of $100,000. The fee shall cover the Agency's
full costs of implementing, administering, and enforcing this
Act. The annual fee shall be deposited into the Solid Waste
Management Fund to be used for costs associated with the
administration of this Act.
(b) The responsibilities of the Agency in implementing,
administering, and enforcing this Act include:
(1) reviewing submitted stewardship plans and plan
amendments and making determinations as to whether to
approve the plan or plan amendment;
(2) reviewing annual reports submitted under Section

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50 within 90 days after submission to ensure compliance
with that Section;
(3) maintaining a website that lists producers and
their brands that are participating in an approved plan,
and that makes available to the public each plan, plan
amendment, and annual report received by the Agency under
this Act; and
(4) providing technical assistance to producers and
retailers related to the requirements of this Act.
Section 60. Penalties and civil actions.
(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 pay a fee under this Act shall cause the
person who fails to pay the fee to be liable for a civil
penalty that is double the applicable 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 provisions of the Environmental Protection
Trust Fund Act.
(c) The Attorney General or the State's Attorney of a

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county in which a violation occurs may institute a civil
action for an injunction, prohibitory or mandatory, to
restrain violations of this Act or to require such actions as
may be necessary to address violations of this Act.
(d) The penalties and injunctions provided in this Act are
in addition to any penalties, injunctions, or other relief
provided under any other State law. Nothing in this Act bars a
cause of action by the State for any other penalty,
injunction, or other relief provided by any other law.
(e) Any person who knowingly makes a false, fictitious, or
fraudulent material statement, orally or in writing, to the
Agency, related to or required by this Act or any rule adopted
under this Act commits a Class 4 felony, and each such
statement or writing shall be considered a separate Class 4
felony. A person who, after being convicted under this
subsection, violates this subsection a second or subsequent
time commits a Class 3 felony.
(f) No penalty may be assessed under this Act on an
individual or resident for the improper disposal of covered
batteries as described in Section 70 in a noncommercial or
residential setting.
Section 65. Marking requirements for batteries.
(a) Except as otherwise provided in rules adopted by
Illinois Pollution Control Board under subsection (b), a
producer or retailer may sell, offer for sale, or distribute

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in or into Illinois a covered battery or battery-containing
product containing one or more covered batteries only if the
battery is:
(1) beginning January 1, 2027, marked with an
identification of the producer of the battery, unless the
battery is less than one-half inch in diameter or does not
contain a surface whose length exceeds one-half inch; and
(2) beginning January 1, 2029, marked with proper
labeling to ensure proper collection and recycling, by
identifying the chemistry of the battery and including an
indication that the battery should not be disposed of as
household waste.
(b) The Illinois Pollution Control Board may adopt rules
establishing marking requirements for batteries as needed to
maintain consistency with the labeling requirements or
voluntary standards for batteries established in federal law.
Section 70. General battery disposal and collection
requirements.
(a) On and after January 1, 2028, all persons must manage
unwanted covered batteries through one of the following
options:
(1) delivery to a collection site, event, or program
established by or included in the programs created by this
Act; or
(2) for covered batteries that are hazardous waste as

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defined under federal or State hazardous or solid waste
laws, management in a manner consistent with the
requirements of those laws.
(b) On and after January 1, 2028:
(1) A fee may not be charged at the time covered
batteries are delivered or collected for management.
(2) All covered batteries may be collected,
transported, and processed only in accordance with this
Act, unless the batteries are regulated as hazardous waste
as described in paragraph (2) of subsection (a) of this
Section.
(3) No person may knowingly cause or allow the mixing
of a covered battery with recyclable materials that are
intended for processing and sorting at a material recovery
facility.
(4) No person may knowingly cause or allow the mixing
of a covered battery with municipal waste that is intended
for disposal at a sanitary landfill.
(5) No person may knowingly cause or allow the
disposal of a covered battery in a sanitary landfill.
(6) No person may knowingly cause or allow the mixing
of a covered battery with waste that is intended for
burning or incineration.
(7) No person may knowingly cause or allow the burning
or incineration of a covered battery.
(8) An owner or operator of a solid waste facility may

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not be found in violation of this Section if the facility
has posted in a conspicuous location a sign stating that
covered batteries must be managed through collection sites
established by a battery stewardship organization and are
not accepted for disposal.
(9) A solid waste collector may not be found in
violation of this Section for a covered battery placed in
a disposal container by a third party.
Section 75. Assessment of battery-containing products and
their batteries.
(a) By July 1, 2027, the battery stewardship organization
must complete an assessment of the opportunities and
challenges associated with the end-of-life management of
portable and medium-format batteries that are not intended or
designed to be easily removed by a customer and that are
contained either in battery-containing products, including
medical devices, or in electronic products that are not
covered electronic devices subject to the requirements of the
Consumer Electronics Recycling Act.
(b) The battery stewardship organization must consult with
the Agency and interested stakeholders in completing the
assessment. The assessment must identify any adjustments to
the stewardship program requirements established in this Act
that would maximize public health, safety, and environmental
benefits.

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(c) The assessment must consider:
(1) the different categories and uses of
battery-containing products;
(2) the current methods by which unwanted
battery-containing products are managed in Illinois and
nearby states and provinces;
(3) challenges posed by the potential collection,
management, and transport of battery-containing products,
including challenges associated with removing batteries
that were not intended or designed to be easily removable
from products, other than by the manufacturer; and
(4) which criteria of this Act may apply to
battery-containing products in a manner that is identical
or analogous to the requirements applicable to covered
batteries.
(d) By October 1, 2027, the Agency must submit the
assessment required in this Section to the General Assembly.
Section 80. Antitrust. Producers or battery stewardship
organizations acting on behalf of producers that prepare,
submit, and implement a battery stewardship program plan under
this Act and who are thereby subject to regulation by the
Agency are granted immunity from State laws relating to
antitrust, restraint of trade, unfair trade practices, and
other regulation of trade and commerce, for the limited
purpose of planning, reporting, and operating a battery

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stewardship program, including:
(1) the creation, implementation, or management of a
battery stewardship organization and any battery
stewardship plan regardless of whether it is submitted,
denied, or approved;
(2) the determination of the cost and structure of a
battery stewardship plan; and
(3) the types or quantities of batteries being
recycled or otherwise managed under this Act.
Section 85. Collection of batteries independent of a
battery stewardship program. Nothing in this Act shall prevent
or prohibit a person from offering or performing a fee-based,
household collection, or a mail back program for end-of-life
portable batteries or medium-format batteries independently of
a battery stewardship program, provided that such person meets
the following requirements:
(1) such person's services must be performed, and such
person's facilities must be operated in compliance with
all applicable federal, State, and local laws and
requirements, including, but not limited to, all
applicable U.S. Department of Transportation regulations,
and all applicable provisions of the Environmental
Protection Act;
(2) such person must make available all batteries
collected by such person from its Illinois customers to

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the battery stewardship organization; and
(3) after consolidation of portable or medium-format
batteries at the person's facilities, the transport to and
processing of such batteries by the battery stewardship
organization's designated sorters or processors shall be
at the battery stewardship organization's expense.
(415 ILCS 5/22.23d rep.)
Section 90. The Environmental Protection Act is amended by
repealing Section 22.23d.
Section 97. Severability. If any provision of this Act or
its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision to
other persons or circumstances is not affected.