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| Public Act 103-1006 | ||||
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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 5. The Environmental Protection Act is amended by | ||||
adding Section 22.23e as follows: | ||||
(415 ILCS 5/22.23e new) | ||||
Sec. 22.23e. End-of-life electric vehicle and battery | ||||
electric storage system batteries. | ||||
(a) In this Section: | ||||
"Battery energy storage solution facility" or "BESS" means | ||||
a facility that stores and distributes energy in the form of | ||||
electricity and that stores electricity using battery devices | ||||
and other means. "Battery energy storage solution" or "BESS" | ||||
includes any permanent structures associated with the battery | ||||
energy storage facility and all associated transmission lines, | ||||
substations, and other equipment related to the storage and | ||||
transmission of electric power. | ||||
"Battery storage site" means a site where used batteries | ||||
are stored. | ||||
"Electric vehicle" or "EV" has the same meaning as defined | ||||
in Section 11-1308 of the Illinois Vehicle Code. | ||||
"Electric vehicle battery" or "EV battery" means a | ||||
rechargeable battery that is used to power the electric motors | ||||
that propel an electric vehicle. "Electric vehicle battery" | ||
includes, but is not limited to, lithium-ion batteries and | ||
nickel-metal hydride batteries. | ||
"Used battery" means an EV battery that is sold, given, or | ||
otherwise conveyed to a battery storage site. | ||
"Storage" means any accumulation of used batteries that | ||
does not constitute disposal. | ||
(b) No person shall cause or allow the operation of a | ||
battery storage site at which 5,000 kilograms or more of used | ||
batteries are stored at any one time unless: | ||
(1) the battery storage site is registered with the | ||
Agency in accordance with this Section; | ||
(2) the owner or operator of the battery storage site | ||
maintains records documenting the following: | ||
(A) the weight or volume of whole or partial used | ||
batteries received at the battery storage site each | ||
week; | ||
(B) the weight or volume of whole or partial used | ||
batteries leaving the battery storage site each week; | ||
and | ||
(C) the weight or volume of whole or partial used | ||
batteries remaining at the battery storage site at the | ||
end of each week; and | ||
(3) the owner or operator of the battery storage site | ||
is an automotive parts recycler as defined in Section | ||
1-105.3 of the Illinois Vehicle Code and licensed under | ||
Section 5-301 of the Illinois Vehicle Code. | ||
The records required under this Section shall be made | ||
available for inspection and copying by the Agency during the | ||
normal business hours. | ||
(c) The owner or operator of each battery storage site in | ||
operation prior to February 1, 2026, at which 5,000 kilograms | ||
or more of used batteries are stored at any one time, must | ||
register with the Agency prior to February 1, 2026 and each | ||
February 1 thereafter. Any owners or operators of a battery | ||
storage site that comes into operation after February 1, 2026 | ||
shall register with the Agency prior to commencing operation. | ||
Registration must be on forms and in a format prescribed by the | ||
Agency. Agency registration forms shall include, at a minimum, | ||
information regarding the following: | ||
(1) the name and address of the owner and operator of | ||
the battery storage site; | ||
(2) A description of the operations conducted at the | ||
battery storage site; | ||
(3) the weight or volume of whole or partial used | ||
batteries received at the battery storage site over the | ||
past calendar year; and | ||
(4) the weight or volume of whole or partial used | ||
batteries at the battery storage site at the end of the | ||
calendar year. | ||
(d) No later than 1 year after the effective date of this | ||
amendatory Act, the Agency shall propose to the Board, and no | ||
later than one year after receipt of the Agency's proposal, | ||
the Board shall adopt, rules for the operation of battery | ||
storage sites. Such rules shall include, but not be limited | ||
to: requirements for end-of-life battery receipt, handling, | ||
storage, and transfer; standards for fire prevention; | ||
requirements for contingency planning and emergency response; | ||
recordkeeping; reporting; and financial assurance. | ||