Bill Text: IL HB3374 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Electric Vehicle Recycling Act. Provides that, within 60 days after the Act's effective date, manufacturers of electric vehicles that contain hazardous components and batteries must begin to implement a collection program that facilitates the removal of hazardous components and batteries from end-of-life vehicles prior to the electric vehicles being flattened, crushed, shredded, or otherwise processed for recycling and to collect and properly manage hazardous components and batteries in accordance with the Environmental Protection Act. Provides that, within 90 days after the Act's effective date, manufacturers of vehicles that contain hazardous components and batteries that cannot be reused and are deemed to be hazardous, must submit to the Environmental Protection Agency an implementation plan that describes how the collection program will be carried out for the duration of the program. Requires the Agency to provide assistance to manufacturers in their implementation of the collection program. Contains provisions regarding violations and penalties under the Act and indemnification for manufacturers. Contains other provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3374 Detail]

Download: Illinois-2023-HB3374-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3374 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
New Act
Creates the Electric Vehicle Recycling Act. Provides that, within 60 days after the Act's effective date, manufacturers of electric vehicles that contain hazardous components and batteries must begin to implement a collection program that facilitates the removal of hazardous components and batteries from end-of-life vehicles prior to the electric vehicles being flattened, crushed, shredded, or otherwise processed for recycling and to collect and properly manage hazardous components and batteries in accordance with the Environmental Protection Act. Provides that, within 90 days after the Act's effective date, manufacturers of vehicles that contain hazardous components and batteries that cannot be reused and are deemed to be hazardous, must submit to the Environmental Protection Agency an implementation plan that describes how the collection program will be carried out for the duration of the program. Requires the Agency to provide assistance to manufacturers in their implementation of the collection program. Contains provisions regarding violations and penalties under the Act and indemnification for manufacturers. Contains other provisions. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Electric Vehicle Recycling Act.
Section 3. Findings. The General Assembly finds that:
(1) A manufacturer of electric vehicles with
components or batteries that cannot be reused and are
deemed to be hazardous, and any component with no
economical recyclable value that will end up in a landfill
in the State of Illinois, should be solely responsible, at
the manufacturer's expense, for proper removal, handling,
and recycling. This should include proper training,
ongoing education, and specialty equipment and tools
required, at no expense, for a licensed auto recycler to
complete the safe removal of all hazardous components and
batteries under this Act.
(2) Hazardous components and batteries must be removed
when end-of-life vehicles are flattened, crushed, baled,
shredded, melted, or otherwise processed for recycling.
(3) Removing hazardous components and batteries from
end-of-life vehicles is an effective way to prevent them
from being released into the environment.

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(4) It is in the interest of the residents of the State
of Illinois to remove these hazardous components and
batteries from end-of-life vehicles.
Section 5. Definitions. In this Act:
"Agency" means the Environmental Protection Agency.
"Battery" means a container consisting of one or more
cells, modules, or any means of power storage in which
chemical energy is converted into electricity and used as a
source of power.
"Electric vehicle" has the same meaning as defined in
Section 11-1308 of the Illinois Vehicle Code.
"End-of-life vehicle" means an electric vehicle that is
sold, given, or otherwise conveyed to a vehicle recycler for
the purpose of reselling its parts or for recycling.
"Hazardous component" means a component of an electric
vehicle with any chemical, pollutant, waste, or substance that
is classified or regulated under any environmental law as a
hazardous substance, toxic substance, pollutant, or
contaminant.
"Manufacturer" means a person who is the last person in
the production or assembly process of a new electric vehicle
that uses one or more hazardous components and batteries; in
the case of an imported electric vehicle, the manufacturer is
the importer or domestic distributor of the electric vehicle.
"Manufacturer" does not include any person engaged in the

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business of selling new electric vehicles at retail or
converting or modifying new electric vehicles after the
production or assembly process.
"Person" means any individual, partnership,
co-partnership, firm, company, limited liability company,
corporation, association, joint stock company, trust, estate,
political subdivision, State agency, or any other legal
entity, or its legal representative, agent, or assign.
"Removal" means removing any number of hazardous
components or batteries from an end-of-life vehicle prior to
the vehicle being flattened, crushed, baled, shredded, or
otherwise processed for recycling or that are available to be
removed from an end-of-life vehicle that is flattened,
crushed, shredded, or otherwise processed for recycling.
"Scrap metal recycler" means a person who engages in the
business of shredding or otherwise processing end-of-life
vehicles or other scrap metal into prepared grades and whose
principal product is scrap iron, scrap steel, or nonferrous
metallic scrap for sale or for remelting purposes.
"Vehicle recycler" means a person who engages in the
business of acquiring, dismantling, removing parts from, or
destroying 6 or more end-of-life vehicles in a calendar year
for the primary purpose of reselling the vehicles' parts.
Section 10. Removal requirements.
(a) Hazardous components and batteries that cannot be

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reused and are deemed to be hazardous from end-of-life
vehicles must be managed in accordance with the Environmental
Protection Act and any rules and regulations adopted
thereunder.
(b) No person shall represent that all hazardous
components and batteries have been removed from an electric
vehicle if hazardous components and batteries have not been
removed from the electric vehicle, except where a hazardous
component or battery cannot be removed from the electric
vehicle because it is inaccessible due to significant damage
to the electric vehicle in the area surrounding a mercury
switch or hazardous component or battery.
(c) Consistent with the protection of confidential
business information, vehicle recyclers who remove hazardous
components and batteries from end-of-life vehicles must
maintain records documenting the removal and disposal of
hazardous components and batteries that cannot be reused and
are deemed to be hazardous as set forth by the manufacturers'
collection program established under Section 15, including,
but not limited to, the make and model of each car from which
one or more hazardous components or batteries that cannot be
reused and are deemed to be hazardous are removed by a vehicle
recycler. The records required under this subsection must be
retained at the vehicle recycler's place of business for a
minimum of 3 years and made available for inspection and
copying by the Agency during normal business hours.

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Section 15. Hazardous components and battery collection
program.
(a) Within 60 days after the effective date of this Act,
manufacturers of electric vehicles that contain hazardous
components, nonrecyclable components, or batteries must begin
implementing a program that facilitates the removal of
hazardous components and batteries that cannot be reused and
are deemed to be hazardous from end-of-life vehicles prior to
the vehicles being flattened, crushed, shredded, or otherwise
processed for recycling and to collect and properly manage
hazardous components and batteries in accordance with the
Environmental Protection Act and any rules and regulations
adopted thereunder. In order to ensure that hazardous
components and batteries are removed and collected in a safe
and consistent manner, manufacturers must provide training and
certification, at no expense, to licensed vehicle recyclers in
accordance with the Illinois Vehicle code for end-of-life
vehicle recycling infrastructure. The collection program must
be designed to comply with the following:
(1) Develop and provide educational materials that
include guidance as to which electric vehicles may contain
hazardous components and batteries and procedures for
locating and removing them for proper recycling, as set
forth by the manufacturers. The educational materials may
include, but are not limited to, brochures, fact sheets,

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and videos.
(2) Conduct outreach activities to encourage vehicle
recyclers and vehicle crushers to participate in the
recycling program. The activities may include, but are not
limited to, direct mailings, workshops, and site visits.
(3) Provide storage containers to participating
vehicle recyclers and vehicle crushers for proper
collection under the program.
(4) Provide a collection and transportation system to
periodically collect and replace filled storage containers
from vehicle recyclers either upon notification that a
storage container is full or on a schedule predetermined
by the manufacturers.
(5) Establish an entity that will serve as a point of
contact for the collection program and that will
establish, implement, and oversee the collection program
on behalf of the manufacturers.
(6) Track participation in the collection program and
the progress of collections.
(b) Within 90 days after the effective date of this Act,
manufacturers of electric vehicles that contain hazardous
components and batteries that cannot be reused and are deemed
to be hazardous must submit to the Agency an implementation
plan that describes how the collection program under
subsection (a) will be carried out for the duration of the
collection program. At a minimum, the implementation plan must

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comply with the following:
(1) Identify the educational materials and procedures
that will assist, at no expense to vehicle recyclers in
identifying, removing, and properly managing hazardous
components and batteries from end-of-life vehicles.
(2) Describe the outreach program that will be
undertaken to encourage vehicle recyclers to participate
in the collection program.
(3) Describe how the manufacturers will ensure that
hazardous components and batteries removed from
end-of-life vehicles are managed in accordance with the
Environmental Protection Act and any rules and regulations
adopted thereunder.
(4) Describe how the manufacturers will collect and
document the information required under this Act.
(5) Describe how the collection program will be
financed and implemented.
(6) Identify the manufacturers' addresses to which the
Agency should send notice to the manufacturers of the
collection program. The Agency shall review the collection
program implementation plans it receives for completeness
and shall notify each manufacturer in writing if a
collection program implementation plan is incomplete.
Within 30 days after receiving a notification of
incompleteness from the Agency, the manufacturers shall
submit to the Agency an implementation plan that contains

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all of the required information.
(c) The Agency must provide assistance to manufacturers in
their implementation of the collection program required under
this Section. The assistance shall include providing
manufacturers with information about businesses likely to be
engaged in vehicle recycling conducting site visits to promote
participation in the collection program, and assisting with
the scheduling, locating, and staffing of workshops conducted
to encourage vehicle recyclers to participate in the
collection program.
(d) Manufacturers subject to the requirements of this
Section shall provide, to the extent practicable, the
opportunity for trade associations of vehicle recyclers to be
involved in the delivery and dissemination of educational
materials, at no expense, regarding the identification,
removal, collection, and proper management of electric vehicle
batteries and hazardous components in end-of-life vehicles.
(e) The Agency shall provide notice under this Section by
posting a statement on its website and by sending a written
notice via certified mail to the manufacturers, subject to the
requirements of this Section, at the addresses provided in the
manufacturers' collection program plan under paragraph (6) of
subsection (b).
(f) Beginning 30 days after the Agency first provides
notice under this Section, the following shall apply:
(1) Vehicle recyclers must remove all hazardous

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components and batteries from end-of-life vehicles prior
to delivering the vehicles to a scrap metal recycler,
provided that a vehicle recycler is not required to remove
hazardous components or batteries that are inaccessible
due to significant damage to the vehicle in the area
surrounding the hazardous components or batteries that
occurred prior to the vehicle recycler's receipt of the
vehicle, in which case the damage must be noted in the
records the vehicle recycler is required to maintain under
subsection (c) of Section 10.
(2) No vehicle recycler, or scrap metal recycler shall
flatten, crush, or otherwise process an end-of-life
vehicle for recycling unless all hazardous components and
batteries have been removed from the vehicle, provided
that hazardous components or batteries that are
inaccessible due to significant damage to the vehicle in
the area surrounding the hazardous components or batteries
that occurred prior to the vehicle recycler's receipt of
the vehicle are not required to be removed. The damage
must be noted in the records the vehicle recyclers
required to maintain under this Act.
(g) Manufacturers subject to the requirements of this
Section must provide to vehicle recyclers the following
compensation for all hazardous components and batteries
removed from end-of-life vehicles on or after the date of
notice provided by the Agency under this Act:

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(1) For each hazardous component and battery removed
by the vehicle recycler or scrap metal recycler, an amount
based upon the manufacturers' warranties, procedures, and
the shop rate.
(2) The costs of the containers in which hazardous
components and batteries are collected and the costs of
packaging and transporting hazardous components and
batteries off-site. Payment of this compensation must be
provided in a prompt manner.
(h) In meeting the requirements of this Section,
manufacturers may work individually or as part of a group of 2
or more manufacturers.
Section 20. Agency recommendations. Every 3 years the
Agency shall make a recommendation to the General Assembly as
to whether the compensation required under subsection (g) of
Section 15 should be modified to ensure adequate compensation
for the removal of hazardous components and batteries from
end-of-life vehicles. In developing its recommendations, the
Agency shall seek comments and information from interested
persons, including, but not limited to, representatives of
vehicle recyclers, vehicle manufacturers, and environmental
groups.
Section 25. Submission to the Agency. All information
required to be submitted to the Agency under this Act must be

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submitted on forms prescribed by the Agency.
Section 30. Investigation of violations; penalties.
(a) The Agency shall investigate violations of this Act.
(b) Any manufacturer that willfully or knowingly violates
any provision of this Act or willfully or knowingly fails to
perform any duty imposed under this Act shall be liable for a
civil penalty not to exceed $1,000 for the violation and an
additional civil penalty not to exceed $1,000 for each day the
violation continues, and shall be liable for a civil penalty
not to exceed $5,000 for a second or subsequent violation and
an additional civil penalty not to exceed $1,000 for each day
the second or subsequent violation continues.
(c) Any vehicle recycler or scrap metal recycler who
willfully or knowingly violates any provision of this Act or
fails to perform any duty imposed under this Act shall be
liable for a civil penalty not to exceed $250 for the first
violation and a civil penalty not to exceed $500 for a second
or subsequent violation.
(d) The penalties provided 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.
Without limiting any other authority that may exist for
the awarding of attorneys' fees and costs, a court of
competent jurisdiction may award costs and reasonable

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attorneys' fees, including the reasonable costs of expert
witnesses and consultants, to the State's Attorney or the
Attorney General in a case where he or she has prevailed
against a person who has committed a willful, knowing, or
repeated violation of this Act. Any funds collected under this
Section in an action in which the Attorney General has
prevailed shall be deposited in the Hazardous Waste Fund. Any
funds collected under this Section in an action in which a
State's Attorney has prevailed shall be retained by the county
in which he or she serves.
(e) The State's Attorney of the county in which a
violation occurs or the Attorney General may, at the request
of the Agency or on his or her own motion, institute civil
action for an injunction, prohibitory or mandatory, to
restrain a violation of this Act or to require such other
action as may be necessary to address a violation of this Act.
(f) The penalties and injunctions provided in this Act are
in addition to any penalties, injunctions, or other relief
provided under any other law. Nothing in this Act shall bar a
cause of action by the State for any other penalty,
injunction, or relief provided by any other law.
Section 35. Indemnification. Manufacturers subject to the
requirements of this Act shall indemnify, defend, and hold
harmless vehicle recyclers and scrap metal recyclers for any
liability arising from the release from hazardous components

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and batteries after they are transferred under the
manufacturers' collection program to a manufacturer or its
agent, provided that it has been managed in accordance with
the Environmental Protection Act and any rules and regulations
adopted thereunder prior to the transfer.
Section 40. Federal requirements. If the Agency determines
that the requirements of this Act are no longer necessary
because a federal program provides equal or greater protection
to human health and safety and the environment in this State,
the Agency shall submit a report of its determination to the
General Assembly. In making its determination, the Agency
shall seek comments or information from interested persons,
including, but not limited to, representatives of vehicle
recyclers, vehicle crushers, scrap metal recyclers, vehicle
manufacturers, and environmental groups.
Section 99. Effective date. This Act takes effect upon
becoming law.