Bill Text: IL SB1398 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Requires the Environmental Protection Agency to adopt rules requiring each manufacturer of an electric vehicle that is sold in the State and contains a lithium-ion battery and each manufacturer of lithium-ion batteries sold in the State to submit a battery recycling plan to the Agency by June 1, 2024. Prohibits the disposal of lithium-ion batteries in sanitary landfills beginning July 1, 2024. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2025-01-07 - Session Sine Die [SB1398 Detail]

Download: Illinois-2023-SB1398-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1398 Introduced 2/6/2023, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
415 ILCS 151/1-83.5 new
430 ILCS 50/2.09 new
430 ILCS 50/3 from Ch. 127, par. 1253
430 ILCS 50/5.11
430 ILCS 50/6 from Ch. 127, par. 1256
Amends the Consumer Electronics Recycling Act. Provides that, notwithstanding any provision of law to the contrary, a lithium-ion battery may not be disposed of in a mixed recycling waste bin. Requires the Environmental Protection Agency to encourage local authorities to use separate curbside recycling collection bins for the disposal of lithium-ion batteries. Amends the Hazardous Materials Emergency Act. Provides that hazardous materials include lithium-ion batteries for purposes of specified provisions of the Act.
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A BILL FOR
SB1398 LRB103 24874 CPF 51207 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Electronics Recycling Act is
amended by adding Section 1-83.5 as follows:
(415 ILCS 151/1-83.5 new)
Sec. 1-83.5. Lithium batteries; disposal; local
authorities.
(a) Notwithstanding any provision of law to the contrary,
a lithium-ion battery may not be disposed of in a mixed
recycling waste bin.
(b) The Agency shall encourage local authorities to use
separate curbside recycling collection bins for the disposal
of lithium-ion batteries.
(c) In this Section, "lithium-ion battery" has the same
meaning as defined in Section 2.09 of the Hazardous Materials
Emergency Act.
Section 10. The Hazardous Materials Emergency Act is
amended by adding Section 2.09 and by changing Sections 3,
5.11, and 6 as follows:
(430 ILCS 50/2.09 new)

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Sec. 2.09. "Lithium-ion battery" means a type of
rechargeable battery that contains lithium ions as the primary
component of its electrolyte and that is most commonly found
in cell phones, power tools, digital cameras, laptops,
children's toys, electronic cigarettes, small and large
appliances, tablets, and e-readers.
(430 ILCS 50/3) (from Ch. 127, par. 1253)
Sec. 3. It is the purpose of this Act to require the
Illinois Department of Transportation to adopt by regulation
the federal hazardous materials placarding regulations
promulgated under the Hazardous Materials Transportation Act
(PL 93-633) for interstate and intrastate transportation of
hazardous materials as they are applicable in the State of
Illinois, and to recommend that units of local government
adopt regulations for hazard signage systems applicable to the
use, storage, and manufacture of hazardous materials,
including, but not limited to, lithium-ion batteries, with the
following exceptions:
(a) No hazard signage system or State placarding
requirements shall apply to the use, storage, or
transportation of a hazardous material that is located on a
farm and that is used solely for agricultural purposes. It is
not the purpose of this Section to exempt the owner of an
agricultural hazardous material from reporting an accident
involving the material as required in Sections 7 and 7.01 of

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this Act, nor is it the purpose of this Section to exempt from
the placarding requirements the storage, transportation or
manufacture of a hazardous material that is an agricultural
material when the material is in the possession of the
manufacturer, distributor, dealer, retailer or any other
person who handles the material in larger quantities than
those designed for consumer use or for any purpose other than
its intended agricultural usage.
(b) (Blank).
(c) No placarding requirements or hazard signage
requirements adopted pursuant to this Act shall apply to
pipelines or meters involved in the transmission of natural or
flammable gas by a public utility as defined in the Public
Utilities Act.
(d) This Act does not authorize the Department to require
any placarding system for transportation of hazardous
materials that is inconsistent with any placarding system
required by Federal law or regulation, nor does it authorize
the Department to require any placarding system or other
standards for transportation of hazardous materials that is
more stringent than any placarding system or standard required
by the federal law or regulations in situations where a
federal placarding system exists.
(Source: P.A. 90-449, eff. 8-16-97.)
(430 ILCS 50/5.11)

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Sec. 5.11. Units of local government; hazard signage
systems.
(a) A unit of local government may adopt ordinances or
regulations requiring a hazard signage system applicable to
equipment, facilities, structures, or locations involved in
the use, storage, or manufacture of hazardous materials,
including, but not limited to, lithium-ion batteries. The
hazard signage system (such as, but not limited to, the
National Fire Protection Association standard "NFPA 704"
system as specified in its Standard System for the
Identification of the Fire Hazards of Materials for Emergency
Response) shall be consistent with any such signage required
by federal law or regulation.
(b) An ordinance or regulation adopted by a unit of local
government under this Section requiring a hazard signage
system may not take effect sooner than 90 days after its
adoption by the unit of local government.
(c) A home rule unit may not regulate hazard signage
systems in a manner inconsistent with the regulation of those
systems by the State under this Act or by the federal
government. This Section is a limitation under subsection (i)
of Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(Source: P.A. 90-449, eff. 8-16-97.)

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(430 ILCS 50/6) (from Ch. 127, par. 1256)
Sec. 6. It is the responsibility of any person who leases,
operates or controls any facilities, equipment, structures, or
locations for the use, storage, or manufacture of hazardous
materials, including, but not limited to, lithium-ion
batteries, to display on such facility, equipment, structure,
or location appropriate hazard signage as described and in
such manner as provided by regulation promulgated pursuant to
Section 5 of this Act or as provided by ordinance or regulation
adopted by a unit of local government pursuant to Section
5.11.
(Source: P.A. 90-449, eff. 8-16-97.)