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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Creates the Portable and Medium-Format Battery Stewardship Act (rather than the Portable Battery Stewardship Act). Requires those who sell, offer for sale, or distribute (rather than only sell or distribute), covered batteries or battery-containing products containing one or more covered batteries in or into the State to implement and participate in a battery stewardship plan. Makes changes to provisions regarding timelines for covered batteries, as well as timelines for battery stewardship organizations to submit plans to the Agency for approval. Provides that the Illinois Pollution Control Board (rather than the Agency) may adopt rules regarding certain labeling requirements. Repeals a provision regarding rechargeable batteries in the Environmental Protection Act. Changes some defined terms and removes some defined terms.

Spectrum: Strong Partisan Bill (Democrat 16-1)

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

Download: Illinois-2023-SB3686-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3686 Introduced 2/9/2024, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
New Act
Creates the Portable Battery Stewardship Act. Requires those who sell or distribute covered batteries or battery-containing products in the State to implement and participate in a battery stewardship plan. Details the role of retailers in the State and stewardship plan components. States goals for the stewardship program. Provides for funding of the program. Provides requirements for the collection and management of batteries covered by this Act. Details the education and outreach requirements of the program. Outlines the Agency's role. Details the penalties for violations of the Act. Details requirements for the marking, disposal, and collection of batteries covered by this Act. Provides for the collection of batteries independent of a battery stewardship program. Defines terms. 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
Portable 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 disposal options
will continue to persist.
(3) Ensuring the proper handling, recycling, and
end-of-life management of used 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

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implemented battery stewardship laws that have helped
address the challenges posed by the end-of-life management
of 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. Furthermore,
it is appropriate for larger batteries used in emerging
market sectors, such as electric vehicles, solar power
arrays, and data centers, to be managed to ensure
environmentally positive outcomes similar to those
achieved by a battery stewardship program, both because of
the potential economic value of large batteries used for
these purposes and because of the anticipated profusion of
these larger batteries as these market sectors mature.
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 that contains
or is packaged with rechargeable or primary batteries that are
covered batteries. A "battery-containing product" does not
include a covered electronic product under an approved plan
implemented under the Consumer Electronics Recycling Act.
"Battery stewardship organization" means a producer that
directly implements a battery stewardship plan required under

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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 during the previous calendar year by the
average annual weight of primary and rechargeable batteries
that were estimated to have been sold in the State by all
producers participating in an approved battery stewardship
plan during the previous 3 calendar years.
"Covered battery" means a portable battery or, beginning
January 1, 2028, 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;
(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

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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.
"Environmentally sound management practices" means
practices that: (a) comply with all applicable laws and rules
to protect workers, public health, and the environment; (b)
provide for adequate recordkeeping, tracking, and documenting
of the fate of materials within the State and beyond; and (c)
include comprehensive liability coverage for the battery
stewardship organization, including environmental liability
coverage that is commercially practicable.
"Large-format battery" means:
(1) a rechargeable battery that weighs more than 25
pounds or has a rating of more than 2,000 watt-hours; or
(2) a primary battery that weighs more than 25 pounds.
"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

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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 person responsible for
compliance with requirements of this Act for a covered battery
or battery-containing product sold, offered for sale, or
distributed in or into this State:
(1) For covered batteries:
(A) If the battery is sold under the brand of the
battery manufacturer, the producer is the person that
manufactures the battery.
(B) If the battery is sold 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 used in a commercial
enterprise, sold, offered for sale, or distributed in
or into this State, whether or not the trademark is
registered in this State.

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(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 for use in a commercial enterprise that sells,
offers for sale, or distributes the battery in this
State.
(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
State.
(2) For covered battery-containing products:
(A) If the battery-containing product is sold
under the brand of the product manufacturer, the
producer is the person that manufactures the product.
(B) If the battery-containing product is sold
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 used in a commercial
enterprise, sold, offered for sale, or distributed in

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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 for use in a commercial enterprise that
sells, offers for sale, or distributes the product in
this State.
(E) If there is no person described in
subparagraph (A), (B), (C), or (D) of this paragraph
(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 used
by 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

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of the covered battery-containing product and the
battery stewardship organization of which the battery
producer is a member.
A person is the "producer" of a covered battery or covered
battery-containing product 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 battery or covered battery-containing product
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 transforming or remanufacturing waste
materials into usable or marketable materials for use other
than:
(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

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daily cover.
"Recycling efficiency rate" means the ratio of the weight
of covered battery components and materials recycled by a
program operator from covered batteries to the weight of those
covered batteries collected by the program operator.
"Retailer" means a person who sells covered batteries or
battery-containing products in or into this State or offers or
otherwise makes available covered batteries or
battery-containing products to a customer, including other
businesses, for use by a customer 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 in or into
the State of Illinois shall participate in an approved
Illinois State battery stewardship plan through participation
in and appropriate funding of a battery stewardship
organization.
(b) Beginning January 1, 2026, a producer that does not
participate in a battery stewardship organization and battery
stewardship plan may not sell covered batteries or
battery-containing products covered by this Act in or into the
State.
Section 20. Role of retailers.

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(a) Beginning July 1, 2026, for portable batteries, and
July 1, 2028, for medium-format batteries, a retailer may not
sell, offer for sale, distribute, or otherwise make available
for sale a covered battery or battery-containing product
unless the producer of the covered battery or
battery-containing product certifies to the retailer that the
producer participates in a battery stewardship organization
whose plan has been approved by the Agency.
(b) A retailer is in compliance with the requirements of
subsection (a) of this Section and is not subject to penalties
under Section 60 as long as 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 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 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 battery-containing product

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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. A retailer may rely on this
certification for purposes of compliance with this Act.
(e) A retailer selling or offering covered batteries or
battery-containing products for sale in the State may provide
information, provided to the retailer by the battery
stewardship organization, regarding available end-of-life
management 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

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must submit to the Agency for approval a plan for covered
portable batteries. By July 1, 2027, each battery stewardship
organization must submit a plan for covered medium-format
batteries to the Agency for approval. A battery stewardship
organization may submit a plan at any time to the Agency for
review and approval. The Agency must review and may 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;
(2) proposes performance goals, consistent with
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 of
producers participating in an approved plan;
(4) describes the education and communications
strategy being implemented to effectively 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

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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
activities at collection sites, including appropriate
protocols to reduce risks of spills or fires, and 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 elect 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

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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) describes the criteria to be used in the program
to determine whether an entity may serve as a collection
site for discarded batteries under the program;
(l2) establishes collection 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;
(13) identifies proposed sorters, transporters,
processors, and facilities to be used by the program for
the final disposition of batteries and how collected
batteries will be managed in an environmentally sound
manner at facilities operating with human health and
environmental protection standards that are broadly
equivalent to or better than those required in the United
States;
(14) details how the program will achieve a recycling

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efficiency rate, calculated in accordance with Section 50,
of at least 60% for rechargeable batteries and at least
70% for primary batteries; and
(15) proposes goals for increasing public awareness of
the program and describes how the public education and
outreach components of the program under Section 45 will
be implemented.
(b) The Agency shall review the stewardship plan for
compliance with this Act and shall approve, disapprove, or
conditionally approve the plan within 120 days after receipt
of the plan. If the Agency disapproves a stewardship plan
submitted by a battery stewardship organization, the Agency
shall explain how the stewardship plan does not comply with
this Act and provide written notice to the battery stewardship
organization within 30 days after disapproval. The battery
stewardship organization may resubmit to the Agency a revised
stewardship plan within 60 days after the date the written
notice was issued, and the Agency shall review the revised
stewardship plan within 90 days after 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.
(c) If required by the Agency, a battery stewardship
organization must submit a new plan to the Agency for

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approval:
(1) If there are significant changes to the methods of
collection, transport, or end-of-life management of
covered batteries under Section 40 that are not provided
for in the plan. The Agency may identify the types of
significant changes that require a new plan to be
submitted to the Agency for approval. For purposes of this
subsection, adding or removing a processor or transporter
under the plan is not considered a significant change that
requires a plan resubmittal.
(2) To address the novel inclusion of medium-format
batteries or large-format batteries as covered batteries
under the plan; and
(3) No less than every 5 years.
(4) If required by the Agency, a battery stewardship
organization must provide plan amendments to the Agency for
approval:
(4) When proposing changes to the performance goals
under Section 30 based on the up-to-date experience of the
program;
(5) 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; or
(6) When adding or removing a processor or
transporter, as part of a quarterly update submitted to

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the Agency.
(d) As part of a quarterly update, a battery stewardship
organization must notify the Agency after a producer begins or
ceases to participate in a battery stewardship organization.
The quarterly update submitted to the Agency must also include
a current list of the producers and brands participating in
the plan.
(e) No earlier than 5 years after the initial approval of a
plan, the Agency may require a battery stewardship
organization to submit a revised plan, which may include
improvements to the collection site network or increased
expenditures dedicated to education and outreach if the
approved plan has not met the performance goals under Section
30.
Section 30. 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
(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;

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(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) Each battery stewardship organization must ensure
adequate funding is available to fully implement approved
battery stewardship plans, including the implementation of
aspects of the plan addressing:
(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) A battery stewardship organization implementing a
battery stewardship plan on behalf of producers must develop,
and continually improve over the years of program
implementation, a system to collect charges from participating
producers to cover the costs of plan implementation.
(c) Each battery stewardship organization is responsible
for all costs of participating covered battery collection,
transportation, processing, education, administration, agency
reimbursement, recycling, and end-of-life management in

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accordance with the requirements of this Act and
environmentally sound management practices.
(d) Each battery stewardship organization must meet the
collection goals as specified in Section 25.
(e) A battery stewardship organization is not authorized
to reduce or cease collection, education and outreach, or
other activities implemented under an approved plan based on
achievement of program performance goals.
(f) 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.
(g) 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
covered batteries, on a free, continuous, convenient, visible,

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and accessible basis to any person, business, governmental
agency, or nonprofit organization. Except as provided in
subsection (d) of this Section, each battery stewardship plan
must allow any person, business, governmental agency, or
nonprofit organization to discard each chemistry and brand of
covered battery at each collection site that counts toward the
satisfaction of the collection site criteria in subsection (d)
of this Section.
(b)(1) For each collection site utilized 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 made
available to the collection site by the battery stewardship
organization that 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 and adhere
to the operations manual and other safety information provided
to the collection site by the battery stewardship
organization.
(2) Medium-format batteries may be collected only at
household hazardous waste collection sites or other staffed

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collection sites that meet applicable federal, State, and
local regulatory requirements to manage medium-format
batteries.
(c)(1) Damaged and defective batteries are intended to be
collected at collection sites staffed by persons trained to
handle and ship those batteries.
(2) Each battery stewardship organization must provide for
collection of damaged and defective batteries in each county
of the State, either through collection sites or collection
events with qualified staff as specified in paragraph (1).
Collection events should be provided periodically throughout
the year where practicable, but must be provided at least once
per year at a minimum, in each county in which there are not
permanent collection sites providing for the collection of
damaged and defective batteries.
(3) 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, 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
Agency by rule to maintain consistency with federal standards.
(d)(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

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operators, including covered battery collection and recycle
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
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 (a) and (b) of this subsection. However, only
permanent collection services specified in (a) and (b) 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, but are not limited to, the provision of:
(A) at least one permanent collection site for
portable batteries within a 15-mile radius for at least
95% of State residents;
(B) at least one permanent collection site, collection
service, or collection event for portable batteries in
addition to those required in subparagraph (i) for every
30,000 residents of a county.
(C) collection opportunities for portable batteries at
special locations where batteries are often spent and
replaced, such as supervised locations at parks with

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stores and campgrounds; and
(3) For medium-format batteries, a battery stewardship
organization must provide statewide collection opportunities
that include, but are not limited to, the provision of:
(A) at least 10 permanent collection sites in Illinois
during the initial 5-year plan period;
(B) reasonable geographic dispersion of collection
sites throughout the State;
(C) a permanent collection site in each county of at
least 200,000 persons, as determined by the most recent
population estimate of the office of financial management;
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.
(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, where
cost-effective, mutually agreeable, and otherwise practicable.
(2) Battery stewardship programs must use as a collection

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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
minimum number of sites required for compliance with
subsection (d) 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 (d) 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 (d) 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 (d) of this
Section as may be agreed between the battery stewardship
organization and the collection site.
(4) A battery stewardship organization may issue a

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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.
(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 products under 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, the development:
(1) and maintenance of a website;
(2) and distribution of periodic press releases and
articles;
(3) and placement of advertisements for use on social

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media or other relevant media platforms;
(4) of promotional materials about the program and the
restriction on the disposal of covered batteries in
Section 70 to be used by persons, including, but not
limited to, retailers, government agencies, waste and
recycling collectors, and nonprofit organizations;
(5) 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) 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; 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

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spill or fire, and response protocols in the event of
detection of a damaged or defective battery.
(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 Section
40, 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

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regarding the requirements of the program established under
this Act, including the provisions of Section 70. Each battery
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:
(1) an independent financial assessment of a program
implemented by the battery stewardship organization,
including a breakdown of the program's expenses, such as
collection, recycling, education, and overhead, when
required by the Agency;
(2) 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

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multiple states may submit a financial Statement including
all covered states, as long as the Statement breaks out
financial information pertinent to Illinois;
(3) the weight, by chemistry, of covered batteries
collected under the program;
(4) the weight of materials recycled from covered
batteries collected under the program, in total, and by
method of battery recycling;
(5) a calculation of the recycling efficiency rates,
as measured consistent with subsection (b) of this
Section;
(6) for each facility used for the final disposition
of batteries, a description of how the facility recycled
or otherwise disposed of batteries and battery components;
(7) the weight and chemistry of batteries sent to each
facility used for the final disposition of batteries. The
information in this subsection (a) may be approximated for
program operations in Illinois based on extrapolations of
national or regional data for programs in operation in
multiple states;
(8) 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;
(9) the estimated aggregate sales, by weight and
chemistry, of batteries and batteries contained in or with

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battery-containing products sold in Illinois by
participating producers for each of the previous 3
calendar years;
(10) 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;
(11) 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 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;
(12) 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;

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(13) a description of methods used to collect,
transport, and recycle covered batteries by the battery
stewardship organization;
(14) a summary on progress made toward the program
performance goals established under Section 30, and an
explanation of why performance goals were not met, if
applicable; and
(15) 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) In addition to the requirements of subsection (a) of
this Section, with respect to each facility used in the
processing or disposition of batteries collected under the
program, the battery stewardship organization must report:
(1) 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
(2) what facilities processed the batteries, and for
domestic facilities a summary of any violations of
environmental laws and regulations over the previous 3
years at each facility.
(d) If a battery stewardship organization has disposed of

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covered batteries though 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.
(e) A producer or battery stewardship organization that
submits information or records to the Agency under this Act
may request that the information or records be made available
only for the confidential use of the Agency, the Director of
the Agency, or the appropriate division of the Agency. The
Director of the Agency must consider the request and if this
action is not detrimental to the public interest and is
otherwise in accordance with the policies and purposes of the
Freedom of Information Act, the Director must grant the
request for the information to remain confidential as
authorized in the Freedom of Information Act.
Section 55. Fee and Agency role.
(a) The Agency shall be paid an annual fee of $50,000 by
one or more battery stewardship organizations, with cost
allocation between multiple battery stewardship organizations
to be assigned proportional to each organization's share of
program costs. The fee shall cover the Agency's full costs of
implementing, administering, and enforcing this Act. The

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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, but are not
limited to:
(1) reviewing submitted stewardship plans and plan
amendments and making determinations as to whether to
approve the plan or plan amendment;
(A) the Agency must provide a letter of approval
for the plan or plan amendment if it provides for the
establishment of a stewardship program that meets the
requirements of Sections 15 through;
(B) if a plan or plan amendment is rejected, the
Agency must provide the reasons for rejecting the plan
to the battery stewardship organization. The battery
stewardship organization must submit a new plan within
60 days after receipt of the letter of disapproval;
and
(C) when a 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;
(2) reviewing annual reports submitted under Section
50 within 90 days after submission to ensure compliance
with that Section;

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(3)(A) 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;
(B) upon the date the first plan is approved, the
Agency must post on its website a list of producers and
their brands for which the Agency has approved a plan. The
Agency must update the list of producers and brands
participating under an approved program plan based on
information provided to the Agency from battery
stewardship organizations; and
(4) providing technical assistance to producers and
retailers related to the requirements of this Act and
issuing orders or imposing civil penalties authorized
under Section 60 where the technical assistance efforts do
not lead to compliance by a producer or retailer.
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

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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 provision of the Environmental Protection
Trust Fund Act.
(c) The Attorney General or the State's Attorney of a
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 on an individual or

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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) Beginning January 1, 2027, a producer or retailer may
only sell, distribute, or offer for sale in or into Illinois a
large-format battery, covered battery, or battery-containing
product that contains a battery that is designed or intended
to be easily removable from the product, if the battery is:
(1) 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) A producer shall certify to its customers, or to the
retailer if the retailer is not the customer, that the
requirements of this Section have been met, as provided in
Section 20.
(c) The Agency may amend, by rule, the requirements of
subsection (a) of this Section to maintain consistency with
the labeling requirements or voluntary standards for batteries

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established in federal law.
Section 70. General battery disposal and collection
requirements. On and after January 1, 2026, for portable
batteries and January 1, 2028, for medium-format batteries, or
the first date on which an approved plan begins to be
implemented under this Act by a battery stewardship
organization, whichever comes first:
(1) All persons must dispose of unwanted covered
batteries through one of the following disposal options:
(A) disposal using the collection sites
established by or included in the programs created by
this Act; or
(B) for covered batteries generated by persons
that are regulated generators of covered batteries
under federal or State hazardous or solid waste laws,
disposal in a manner consistent with the requirements
of those laws.
(2)(A) A fee may not be charged at the time unwanted
covered batteries are delivered or collected for
management.
(B) All covered batteries may only be collected,
transported, and processed in a manner that meets the
standards established for a battery stewardship
organization in a plan approved by the Agency, unless the
batteries are being managed as described in subsection

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subparagraph (B) or paragraph (1) of this Section.
(C) A person may not place covered batteries in waste
containers for disposal at incinerators, waste to energy
facilities, or landfills.
(D) A person may not place covered batteries in or on a
container for mixed recyclables unless there is a separate
location or compartment for the covered battery that
complies with local government collection standards or
guidelines.
(E) An owner or operator of a solid waste facility may
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.
(F) A solid waste collector may not be found in
violation of this Section for a covered battery placed in
a disposal container by the generator of the covered
battery.
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
batteries not intended or designed to be easily removed by a

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customer that are contained in battery-containing products,
including medical devices, and in electronic products that are
not covered electronic products managed under an approved plan
implemented under 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.
(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 a report to

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the General Assembly containing the findings of the assessment
required in this Section.
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
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

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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
the battery stewardship organization; and
(3) after consolidation of portable or medium-format
batteries at the person's facilities, the costs for
transporting such batteries to the battery stewardship
organization's designated sorters or processors shall be
at the battery stewardship organization's expense.
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.