102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4209
 
Introduced 11/14/2022, by Sen. Steven M. Landek
 
SYNOPSIS AS INTRODUCED:



10200HB1780eng, Sec. 25
10200HB1780eng, Sec. 35
10200HB1780eng, Sec. 45

 If and only if House Bill 1780 of the 102nd General Assembly becomes law, amends the Drug Take-Back Act. Removes language providing that all potential authorized collection sites that offer to participate in a drug take-back program shall be counted towards meeting the minimum number of authorized collection sites within a drug take-back program. Removes language providing that, if the Environmental Protection Agency receives more than one proposal for a drug take-back program, the Agency shall review all proposals in conjunction with one another to ensure the proposals are coordinated to achieve the authorized collection site coverage. In provisions regarding drug take-back program promotion, provides that if there is more than one drug take-back program operated by more than one manufacturer program operator, the provisions shall be implemented individually by each drug take-back program, except that approved drug take-back programs shall coordinate to provide and maintain a single toll-free number and website publicizing collection options and collection sites (rather than implemented by all drug take-back programs collectively using a single toll-free number and website and similar education, outreach, and promotional materials). Makes other changes. Effective immediately or on the date House Bill 1780 of the 102nd General Assembly takes effect, whichever is later.



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A BILL FOR
 


SB4209LRB102 27277 CPF 39066 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. If and only if House Bill 1780 of the 102nd 
5General Assembly becomes law, then the Drug
Take-Back Act is 
6amended by changing Sections 25, 35, and 45 as follows:

7 (10200HB1780eng, Sec. 25)

8 Sec. 25. Drug take-back program requirements.
9 (a) At least 120 days prior to submitting a proposal under 
10Section 35, a manufacturer program operator must notify 
11potential authorized collectors of the opportunity to serve as 
12an authorized collector for the proposed drug take-back 
13program. No later than 30 days after a potential authorized 
14collector expresses interest in participating in a proposed 
15program, the manufacturer program operator must commence good 
16faith negotiations with the potential authorized collector 
17regarding the collector's participation in the program.
18 (b) A person may serve as an authorized collector for a 
19drug take-back program voluntarily or in exchange for 
20compensation. Nothing in this Act requires any person to serve 
21as an authorized collector for a drug take-back program.
22 (c) A pharmacy shall not be required to participate in a 
23drug take-back program.
 
 
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1 (d) A drug take-back program must include as a collector 
2any person who (i) is a potential authorized collector and 
3(ii) offers to participate in the program. The manufacturer 
4program operator must include the person in the program as an 
5authorized collector no later than 90 days after receiving a 
6written offer to participate.
7 (e) A drug take-back program must pay for all 
8administrative and operational costs of the drug take-back 
9program, as outlined in subsection (a) of Section 55.
10 (f) An authorized collector operating a drug take-back 
11program collection site must accept all covered drugs from 
12consumers during the hours that the location used as a 
13collection site is normally open for business to the public.
14 (g) A drug take-back program collection site must collect 
15covered drugs and store them in compliance with State and 
16federal law, including United States Drug Enforcement 
17Administration regulations. The manufacturer program operator 
18must provide for transportation and disposal of collected 
19covered drugs in a manner that ensures each collection site is 
20serviced as often as necessary to avoid reaching capacity and 
21that collected covered drugs are transported to final disposal 
22in a manner compliant with State and federal law, including a 
23process for additional prompt collection service upon 
24notification from the collection site. Covered drugs shall be 
25disposed of at:
26  (1) a permitted hazardous waste facility that meets 
 
 
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1 the requirements under 40 CFR 264 and 40 CFR 265;
2  (2) a permitted municipal waste incinerator that meets 
3 the requirements under 40 CFR 50 and 40 CFR 62; or
4  (3) a permitted hospital, medical, and infectious 
5 waste incinerator that meets the requirements under 
6 subpart HHH of 40 CFR part 62, an applicable State plan for 
7 existing hospital, medical, and infectious waste 
8 incinerators, or subpart Ec of 40 CFR part 60 for new 
9 hospital, medical, and infectious waste incinerators.
10 (h) Authorized collectors must comply with all State and 
11federal laws and regulations governing the collection, 
12storage, and disposal of covered drugs, including United 
13States Drug Enforcement Administration regulations.
14 (i) A drug take-back program must provide for the 
15collection, transportation, and disposal of covered drugs on 
16an ongoing, year-round basis and must provide access for 
17residents across the State as set forth in subsection (j).
18 (j) A drug take-back program shall provide, in every 
19county with a potential authorized collector, one authorized 
20collection site and a minimum of at least one additional 
21collection site for every 50,000 county residents, provided 
22that there are enough potential authorized collectors offering 
23to participate in the drug take-back program.
24 All potential authorized collection sites that offer to 
25participate in a drug take-back program shall be counted 
26towards meeting the minimum number of authorized collection 
 
 
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1sites within a drug take-back program. Collection sites funded 
2in part or in whole under a contract between a covered 
3manufacturer and a pharmacy entered into on or before the 
4effective date of this Act shall be counted towards the 
5minimum requirements within this Section for so long as the 
6contract continues.
7 (k) A drug take-back program may include mail-back 
8distribution locations or periodic collection events for each 
9county in the State. The manufacturer program operator shall 
10consult with each county authority identified in the written 
11notice prior to preparing the program plan to determine the 
12role that mail-back distribution locations or periodic 
13collection events will have in the drug take-back program.
14 The requirement to hold periodic collection events shall 
15be deemed to be satisfied if a manufacturer program operator 
16makes reasonable efforts to arrange periodic collection events 
17but they cannot be scheduled due to lack of law enforcement 
18availability.
19 A drug take-back program must permit a consumer who is a 
20homeless, homebound, or disabled individual to request 
21prepaid, preaddressed mailing envelopes. A manufacturer 
22program operator shall accept the request through a website 
23and toll-free telephone number that it must maintain to comply 
24with the requests.


25(Source: 10200HB1780eng.)

 
 
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1 (10200HB1780eng, Sec. 35)

2 Sec. 35. Drug take-back program approval.
3 (a) By July 1, 2023, each covered manufacturer must 
4individually or collectively submit to the Agency for review 
5and approval a proposal for the establishment and 
6implementation of a drug take-back program. The proposal must 
7demonstrate that the drug take-back program will fulfill the 
8requirements under Section 25. If the Agency receives more 
9than one proposal for a drug take-back program, the Agency 
10shall review all proposals in conjunction with one another to 
11ensure the proposals are coordinated to achieve the authorized 
12collection site coverage set forth in subsection (j) of 
13Section 25.
14 (b) The Agency shall approve a proposed program if each 
15covered manufacturer and manufacturer program operator 
16participating in the program has registered and paid the fee 
17under Section 60, the program proposal demonstrates the 
18program fulfills the requirements under Section 25, and the 
19proposal includes the following information on forms 
20prescribed by the Agency:
21  (1) The identity and contact information for the 
22 manufacturer program operator and each participating 
23 covered manufacturer.
24  (2) The identity and contact information for the 
25 authorized collectors participating in the drug take-back 
26 program.
 
 
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1  (3) The identity of transporters and waste disposal 
2 facilities that the program will use to transport and 
3 dispose of collected covered drugs.
4  (4) The identity of all potential authorized 
5 collectors that were notified of the opportunity to serve 
6 as an authorized collector, including how they were 
7 notified.
8 (c) Within 90 days after receiving a drug take-back 
9program proposal, the Agency shall either approve, reject, or 
10approve with modification the proposal in writing to the 
11manufacturer program operator. During this 90-day period, the 
12Agency shall provide a 30-day public comment period on the 
13drug take-back program proposal. If the Agency rejects the 
14proposal, it shall provide the reason for rejection in the 
15written notification to the manufacturer program operator.
16 (d) No later than 90 days after receipt of a notice of 
17rejection under subsection (c) of this Section, the 
18manufacturer or manufacturers participating in the program 
19shall submit a revised proposal to the Agency. Within 90 days 
20of receipt of a revised proposal the Agency shall either 
21approve or reject the revised proposal in writing to the 
22manufacturer program operator. During this 90-day period, the 
23Agency shall provide a 30-day public comment period on the 
24revised proposal.
25 (e) After approval, covered manufacturers must, 
26individually or collectively, initiate operation of a drug 
 
 
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1take-back program meeting the requirements under Section 25 no 
2later than December 1, 2023.

3(Source: 10200HB1780eng with sam 03.)

4 (10200HB1780eng, Sec. 45)

5 Sec. 45. Drug take-back program promotion. Each drug 
6take-back program must include a system of promotion, 
7education, and public outreach about the proper collection and 
8management of covered drugs. If there is more than one drug 
9take-back program operated by more than one manufacturer 
10program operator, the requirements of this Section shall be 
11implemented individually by each drug take-back program, 
12except that approved drug take-back programs shall coordinate 
13to provide and maintain a single toll-free number and website 
14publicizing collection options and collection sites by all 
15drug take-back programs collectively using a single toll-free 
16number and website and similar education, outreach, and 
17promotional materials. Promotion, education, and public 
18outreach This may include, but are is not limited to, signage, 
19written materials to be provided at the time of purchase or 
20delivery of covered drugs, and advertising or other 
21promotional materials. At a minimum, promotion, education, and 
22public outreach must include the following:
23  (1) Promoting the proper management of drugs by 
24 residents and the collection of covered drugs through a 
25 drug take-back program.
 
 
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1  (2) Discouraging residents from disposing of drugs in 
2 household waste, sewers, or septic systems.
3  (3) Promoting the use of the drug take-back program so 
4 that where and how to return covered drugs is readily 
5 understandable to residents.
6  (4) Maintaining a toll-free telephone number and 
7 website publicizing collection options and collection 
8 sites, and discouraging improper disposal practices for 
9 covered drugs, such as disposal in household waste, 
10 sewers, or septic systems.
11  (5) Preparing and distributing to program collection 
12 sites, for dissemination to consumers, the educational and 
13 outreach materials. The materials must use plain language 
14 and explanatory images to make collection services and 
15 discouraged disposal practices readily understandable by 
16 residents, including residents with limited English 
17 proficiency.
18  (6) Promotional materials prepared and distributed in 
19 conjunction with an approved drug take-back program under 
20 this Section may not be used to promote in-home disposal 
21 products of any kind, including, but not limited to, 
22 in-home disposal products of authorized collectors 
23 participating in a drug take-back program.

24 The program promotion requirements under this Section do 
25not apply to any drug take-back program established prior to 
26the effective date of this Act that provides promotional or 
 
 
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1educational materials to the public about the proper 
2collection and management of covered drugs.
3(Source: 10200HB1780eng with sam 01.)


4 Section 99. Effective date. This Act takes effect upon 
5becoming law or on the date House Bill 1780 of the 102nd 
6General Assembly takes effect, whichever is later.