415 ILCS 205/1
Short title
Short title. This Act may be cited as the Portable and Medium-Format Battery Stewardship Act. (Source: P.A. 103-1033, eff. 8-9-24.)
Illinois Compiled Statutes 415 ILCS 205 — Portable and Medium-Format Battery Stewardship Act.
Illinois · statute · 415 ILCS 205 · 21 active provisions
415 ILCS 205/5
Findings
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 regardi…
415 ILCS 205/10
Definitions
Definitions. As used in this Act, unless the context clearly requires otherwise: "Agency" means the Illinois Environmental Protection Agency. "Agency-sponsored household battery recycling program" means a household battery recycling program sponsored by the Agency where the Agency provides for the transport, processing…
415 ILCS 205/15
Requirement that producers implement a stewardship plan
Requirement that producers implement a stewardship plan. (a) Beginning January 1, 2026, a producer selling, making available for sale, or distributing covered batteries or battery-containing products containing one or more covered batteries in or into the State of Illinois shall participate in an approved Illinois Stat…
415 ILCS 205/20
Role of retailers
Role of retailers. (a) Beginning July 1, 2026, a retailer may not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product containing one or more covered batteries unless the producer of the covered battery or battery-containing product is identified as a pa…
415 ILCS 205/25
Stewardship plan components
Stewardship plan components. (a) By July 1, 2025, each battery stewardship organization must submit to the Agency for approval a plan for covered batteries. The Agency shall review and approve a plan based on whether it: (1) lists and provides contact information for each producer, battery brand, and battery-containing…
415 ILCS 205/30
Performance goals
Performance goals. (a) Each battery stewardship plan must include performance goals that measure, on an annual basis, the achievements of the program, including: (1) the collection rate for batteries in Illinois; (2) the recycling efficiency rate of the program; and (3) public awareness of the program. (b) The performa…
415 ILCS 205/35
Funding
Funding. (a) A battery stewardship organization implementing a battery stewardship plan on behalf of producers must develop and administer a system to collect charges from participating producers to cover the costs of plan implementation, including: (1) battery collection, transporting, and processing; (2) education an…
415 ILCS 205/40
Collection and management requirements
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, and accessible basis to any person, busin…
415 ILCS 205/45
Education and outreach requirements
Education and outreach requirements. (a) Each battery stewardship organization must carry out promotional activities in support of plan implementation including, but not limited to: (1) the development and maintenance of a website; (2) the development and distribution of periodic press releases and articles; (3) the de…
415 ILCS 205/50
Reporting requirements
Reporting requirements. (a) By June 1, 2027, and each June 1st thereafter, each battery stewardship organization must submit an annual report to the Agency covering the preceding calendar year of battery stewardship plan implementation. The report must include the following: (1) The report must include an independent f…
415 ILCS 205/55
Fee and Agency role
Fee and Agency role. (a) By July 1, 2025, and by July 1 of each year thereafter, each battery stewardship organization shall pay to the Agency an annual fee of $100,000. The fee shall cover the Agency's full costs of implementing, administering, and enforcing this Act. The annual fee shall be deposited into the Solid W…
415 ILCS 205/60
Penalties and civil actions
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 penalt…
415 ILCS 205/65
Marking requirements for batteries
Marking requirements for batteries. (a) Except as otherwise provided in rules adopted by Illinois Pollution Control Board under subsection (b), a producer or retailer may sell, offer for sale, or distribute in or into Illinois a covered battery or battery-containing product containing one or more covered batteries only…
415 ILCS 205/70
General battery disposal and collection requirements
General battery disposal and collection requirements. (a) On and after January 1, 2028, all persons must manage unwanted covered batteries through one of the following options: (1) delivery to a collection site, event, or program established by or included in the programs created by this Act; or (2) for covered batteri…
415 ILCS 205/75
Assessment of battery-containing products and their batteries
Assessment of battery-containing products and their batteries. (a) By July 1, 2027, the battery stewardship organization must complete an assessment of the opportunities and challenges associated with the end-of-life management of portable and medium-format batteries that are not intended or designed to be easily remov…
415 ILCS 205/80
Antitrust
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 tra…
415 ILCS 205/85
Collection of batteries independent of a battery stewardship program
Collection of batteries independent of a battery stewardship program. Nothing in this Act shall prevent or prohibit a person from offering or performing a fee-based, household collection, or a mail back program for end-of-life portable batteries or medium-format batteries independently of a battery stewardship program,…
415 ILCS 205/95
Agency-sponsored household battery recycling program
Agency-sponsored household battery recycling program. If the Agency receives funding to support an Agency-sponsored household battery recycling program that operates concurrently with the battery stewardship program that is the subject of this Act, the costs of collecting and managing batteries through the Agency-spons…
415 ILCS 205/97
Severability
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. (Source: P.A. 103-1033, eff. 8-9-24.)
415 ILCS 205/99
Effective date
Effective date. This Act takes effect upon becoming law, except that Section 90 takes effect on January 1, 2028. (Source: P.A. 103-1033, eff. 8-9-24.)