415 ILCS 180/ Statewide Recycling Needs Assessment Act.

(415 ILCS 180/1)

Sec. 1. Short title. This Act may be cited as the Statewide Recycling Needs Assessment Act.

(Source: P.A. 103-383, eff. 7-28-23.)

(415 ILCS 180/5)

Sec. 5. Findings and purpose. The General Assembly finds that:

(1) Recycling rates have been stagnant in Illinois for over 15 years. Many Illinois counties continue to fall short of the long-standing recycling goal of 25% established in 1988 in the Solid Waste Planning and Recycling Act.

(2) In Illinois, more than 40% (over 7,000,000 tons per year) of municipal solid waste disposed of in landfills is comprised of packaging and paper products. Of this amount, nearly 80% consists of materials commonly collected in curbside recycling programs in areas of the State with mature recycling programs. The remainder includes packaging products such as polystyrene, #3-#7 plastics, plastic bags, flexible pouches, and other plastic films which are not currently acceptable in curbside recycling and for which limited drop-off recycling options exist.

(3) Consumers have limited sustainable purchasing choices. Illinois residents are generating packaging and paper waste that is beyond their ability to reuse or recycle. Consumers are also given confusing, inconsistent messages through various means about which materials can be recycled, and thus inadvertently create contamination in recycling streams. There is widespread recycling fatigue and public skepticism about the efficacy of recycling in Illinois.

(4) Volatility in global recycling markets due to import restrictions such as the China National Sword policy, as well as impacts on supply chains and material demand due to the COVID-19 pandemic, have further challenged markets for recycled materials and destabilized the recycling system in the State.

(5) Significant and increasing quantities of plastics and packaging materials are seen in the environment, including in Illinois rivers, lakes, and streams. This pollution impacts the drinking water, wildlife, and recreational value of vital natural resources.

(6) Consumer brands are solely responsible for choices about the types and amounts of packaging used to package products. Units of local government and residents have borne the costs of managing increasingly complex materials even though they have no input in designing or bringing these materials to market.

(7) Units of local government are expected to fund collection and processing costs for an increasing volume of packaging and paper products, and the cost of recycling programs continues to rise with the complexity of the material stream that material recycling facilities are required to manage. Furthermore, many multifamily residences and rural areas of the State do not have access to adequate recycling opportunities.

(8) As materials continue to be landfilled and littered, lower-income and rural communities across the State bear environmental, health, and economic consequences.

(9) By failing to reuse or recycle packaging and paper products, Illinois loses economic value and green sector jobs. Establishing postconsumer recycled content requirements for rigid plastics will increase markets for this increasingly common packaging material, reduce demand for natural resources, and reduce greenhouse gas emissions.

(10) An assessment of current recycling and materials management practices in the State, including evaluation of collections, access to service, capacity, costs, gaps, and needs associated with diverting packaging and paper products from disposal, will provide needed information on current conditions and support identification of future needs to manage packaging and paper products in a sustainable, environmentally protective, and cost-effective manner.

(11) The Statewide Recycling Needs Assessment will provide data to facilitate future consideration of product stewardship legislation for packaging and paper products.

(Source: P.A. 103-383, eff. 7-28-23.)

(415 ILCS 180/10)

Sec. 10. Definitions. In this Act:

"Advisory Council" means the Statewide Recycling Needs Assessment Advisory Council established under Section 20.

"Agency" means the Environmental Protection Agency.

"Compost" has the meaning given to that term in Section 3.150 of the Environmental Protection Act.

"Compostable material" means a material that is designed to contact, contain, or carry a product that can be collected for composting and that is capable of undergoing aerobic biological decomposition in a controlled composting system as demonstrated by meeting ASTM D6400, ASTM D6868, or any successor standards.

"Composting rate" means the percentage of discarded materials that are managed through composting. A composting rate is calculated by dividing the total weight of all packaging and paper products that are collected for composting by the total weight of all packaging and paper products sold, distributed, or served to consumers in the State during the study period.

"Covered entity" means a person or entity responsible for:

(1) a single or multifamily residence, either individually or jointly through a unit of local government;

(2) a public or private school for grades kindergarten through 12th grade;

(3) a State or local government facility; or

(4) a public space, including, but not limited to, public spaces, such as parks, trails, transit stations, and pedestrian areas for which the State or a unit of local government is responsible.

"Curbside recycling" means the collection of recyclable materials from covered entities at the site where the recyclable materials are generated.

"Director" means the Director of the Agency.

"Drop-off recycling" means the collection of recyclable material from covered entities at one or more centralized sites.

"Environmental justice community" means environmental justice community as defined by the Illinois Solar for All Program, as that definition is updated from time to time by the Illinois Power Agency and the Administrator of the Illinois Solar for All Program.

"Hauler" means a person who collects recyclable or compostable materials and transports them to an MRF or compost facility, or to an intermediate facility from which materials are then transported to an MRF or compost facility.

"Material recovery facility" or "MRF" means a facility where recyclable materials collected via curbside recycling or drop-off recycling are consolidated and sorted for return to the economic mainstream in the form of raw materials.

"Nondisclosure agreement" means an agreement that requires the parties to the agreement to treat the data or information provided to complete the statewide needs assessment as confidential, commercial, or financial information that may not be disclosed to any party, person, or entity, except as provided by this Act.

"Packaging" means a discrete material or category of material, regardless of recyclability. "Packaging" includes, but is not limited to, a material type, such as paper, plastic, glass, metal, or multi-material, that is:

(1) used to protect, contain, transport, or serve a product;

(2) sold or supplied to consumers expressly for the purpose of protecting, containing, transporting, or serving products;

(3) attached to a product or its container for the purpose of marketing or communicating information about the product;

(4) supplied at the point of sale to facilitate the delivery of the product; or

(5) supplied to or purchased by consumers expressly for the purpose of facilitating food or beverage consumption and ordinarily disposed of after a single use or short-term use, whether or not it could be reused.

"Packaging" does not include:

(1) a medical device or packaging that is included with products regulated:

(A) as a drug, medical device, or dietary supplement by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act;

(B) as a combination product as defined under 21 CFR 3.2(e); or

(C) under the federal Dietary Supplement Health and Education Act of 1994;

(2) animal biologics, including, but not limited to, vaccines, bacterins, antisera, diagnostic kits, other products of biological origin, and other packaging and paper products regulated by the United States Department of Agriculture under the federal Virus, Serum, Toxin Act;

(3) packaging regulated under the Federal Insecticide, Fungicide, and Rodenticide Act or another applicable federal law, rule, or regulation; and

(4) beverage containers subject to a returnable container deposit, if applicable.

"Paper product" means:

(1) paper that can or has been printed on to create flyers, brochures, booklets, catalogs, greeting cards, telephone directories, newspapers, magazines; and

(2) paper used for copying, writing, or any other general use.

"Paper product" does not include:

(1) paper that, by virtue of its anticipated use, could become unsafe or unsanitary to recycle; or

(2) any form of bound book, including, but not limited to, bound books for literary, textual, or reference purposes.

"Person" means any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint-stock company, trust, estate, political subdivision, State agency, any other legal entity, or their legal representative, agent, or assign.

"Postconsumer material" means packaging or paper products that have served their intended end use as consumer items. "Postconsumer material" does not include a by-product or waste material generated during or after the completion of a manufacturing or converting process.

"Postconsumer recycled content" means the portion of an item of packaging or paper product made from postconsumer material that has been recycled.

"Recycling" has the meaning given to "recycling, reclamation or reuse" in Section 3.380 of the Environmental Protection Act. "Recycling" does not include landfill disposal of packaging or paper products or the residue resulting from the processing of packaging or paper products at an MRF, use as alternative daily cover or any other beneficial use at a landfill, incineration, energy recovery, or energy generation by means of combustion, or final conversion of packaging and paper products or their components and by-products to a fuel.

"Recycling rate" means the percentage of packaging and paper products returned to the economic mainstream in the form of raw materials or products rather than being disposed of or discarded. The recycling rate is calculated by dividing the total weight of packaging and paper products that are collected for recycling by the total weight of packaging and paper products sold, distributed, or served to consumers in the State during the study period, not including the residue that is landfilled after processing by an MRF.

"Reusable" means:

(1) designed to be refilled or used repeatedly for its original intended purpose and is returnable;

(2) safe for washing and sanitizing according to applicable State food safety laws; and

(3) with the exception of ceramic products, capable of being recycled at the end of use.

"Reuse" means the return of packaging to the economic stream for use in the same kind of application intended for the original packaging without effectuating a change in the original composition of the package, the identity of the product, or the components thereof.

"Rigid plastic" means packaging made of plastic that has a relatively inflexible finite shape or form and is capable of maintaining its shape while empty or while holding other products.

"Service provider" means a hauler, an MRF, or a composting facility.

"Single-use packaging or product" means a packaging or product that is supplied to or purchased by consumers expressly for the purpose of facilitating food or beverage consumption and that is ordinarily disposed of after a single use or short-term use, whether or not it could be reused.

"Study period" means the period represented by the data compiled and analyzed in the completion of the Statewide Recycling Needs Assessment. The study period shall be a minimum of a one-year calendar period not earlier than 2022 and shall be clearly defined in the scope of work. If more than one year of data is used, data shall be presented on an annual basis.

(Source: P.A. 103-383, eff. 7-28-23; 103-636, eff. 7-1-24.)

(415 ILCS 180/15)

Sec. 15. Statewide Recycling Needs Assessment Advisory Council.

(a) The Statewide Recycling Needs Assessment Advisory Council shall be appointed by the Agency. On or before January 1, 2024, the Director shall appoint members to the Advisory Council to provide advice and recommendations to the Agency in the drafting, amendment, and finalization of the Statewide Recycling Needs Assessment.

(b) In appointing members to the Advisory Council under subsection (a), the Director shall consider representatives from all geographic regions of the State, all sizes of communities in the State, all supply chain participants in the recycling system, and the racial and gender diversity of this State.

(c) Members of the Advisory Council shall include, but shall not be limited to, the following voting members:

(1) four individuals representing material recovery facilities in the State, no more than 2 of whom shall represent an MRF that accepts recyclables from Cook County or the collar counties;

(2) four individuals representing haulers, one of whom shall represent a statewide organization representing haulers, one of whom shall represent a publicly traded hauler, one of whom shall represent a privately owned hauler, and one of whom shall operate a recycling drop-off facility;

(3) one individual representing compost collection and processing facilities;

(4) eight individuals representing rural and urban units of local government, one of whom shall represent a county with a population of less than 50,000, one of whom shall represent a county with a population of more than 50,000 and less than 1,000,000, one of whom shall represent a county with a population of more than 1,000,000, two of whom shall represent municipalities with a population of less than 1,000,000, one of whom shall represent a statewide organization of municipalities as authorized by Section 1-8-1 of the Illinois Municipal Code, one of whom shall represent a municipal joint action agency, and one of whom shall represent a municipality with a population of 1,000,000 or more;

(5) two individuals representing retailers, one of whom shall represent a statewide association of retailers;

(6) two individuals representing environmental organizations;

(7) two individuals representing environmental justice advocacy organizations or environmental justice communities;

(8) one individual representing a statewide manufacturing association;

(9) one individual representing manufacturers of products containing postconsumer material, or one or more associations of such manufacturers;

(10) one individual representing manufacturers of packaging and paper products utilizing virgin materials, or one or more associations of suppliers of substrates of packaging and paper products; and

(11) four individuals representing producers of consumer products.

(d) An individual may be appointed to only one position on the Advisory Council. Upon completion of the duties of the Advisory Council, appointments to the Advisory Council shall be terminated and the Advisory Council shall be dissolved.

(e) The duties of the Advisory Council are as follows:

(1) to provide guidance on the scope of work for the Statewide Recycling Needs Assessment required under Section 25;

(2) to assist in the provision of data required to complete the needs assessment;

(3) to review and comment on the needs assessment prior to completion;

(4) to review packaging and paper products legislation enacted in other states, including identifying the main components of the legislation, its implementation steps, and its implementation status;

(5) to evaluate and make recommendations, including legislative recommendations, on how to effectively establish and implement a producer responsibility program in the State for packaging and paper products, including recommendations regarding the responsibilities of producers under a producer responsibility program; and

(6) on or before December 1, 2026, to prepare and submit a report of its findings and recommendations to the General Assembly and the Governor, which shall include an opportunity for a minority report.

(f) The Advisory Council:

(1) shall meet at the call of the Chair, except for the first meeting, which shall be called by the Director;

(2) shall meet at least quarterly or as determined by the Advisory Council Chair;

(3) shall elect a Chair from among Advisory Council members by a simple majority vote;

(4) may adopt bylaws and a charter for the operation of its business for the purposes of this Act; and

(5) shall be provided administrative support by the Agency and Agency staff.

(g) The Agency may select and hire a third-party facilitator for the Advisory Council.

(Source: P.A. 103-383, eff. 7-28-23.)

(415 ILCS 180/20)

Sec. 20. Statewide needs assessment.

(a) The Agency shall issue a competitive solicitation in accordance with the Illinois Procurement Code to select a qualified consultant to conduct a statewide needs assessment to assess recycling, composting, and reuse conditions in the State for packaging and paper products, including identifying current conditions and an evaluation of the capacity, costs, gaps, and needs associated with recycling and the diversion of packaging and paper products. The Agency shall select the consultant on or before January 1, 2025. The competitive solicitation issued by the Agency and the contract, including any contract modification or extension, executed by the consultant and the Agency must provide that the data or information received by the consultant and the Agency must be used exclusively to complete the statewide needs assessment and for no other purposes. The needs assessment shall be funded by an appropriation from the Agency's Solid Waste Management Fund or other appropriated funding.

(b) All packaging and paper products sold, offered for sale, distributed, or imported into the State shall be included in the needs assessment.

(c) The needs assessment shall address, at a minimum, the following factors for covered entities:

(1) the quantity, by weight and type, of packaging and paper products sold, offered for sale, distributed, or served to consumers in the State by material type and format;

(2) current collection systems for packaging and paper products in the State, including for reuse, recycling, composting, and disposal;

(3) the quantity, by weight, of municipal waste disposed on a county-by-county basis for all counties in the State;

(4) the processing capacity and infrastructure for reusable, recyclable, and compostable packaging and paper products collected in the State, including capacity and infrastructure outside the State which serves or may serve the State;

(5) current reuse, recycling, and composting rates for packaging and paper products in the State by material type;

(6) current postconsumer recycled content use by material type for all packaging and paper products sold in the State;

(7) current reusability, recyclability, or compostability of packaging and paper products, by material type, for all packaging and paper products sold, offered for sale, distributed, or served in the State;

(8) current system-wide costs for the collection, reuse, recycling, and composting of packaging and paper products;

(9) current operational and capital funding limitations impacting reuse, recycling, and composting access and availability for packaging and paper products throughout the State;

(10) collection and processing system needs to provide access to curbside recycling services for all covered entities within municipalities with a population of 1,500 or more based on the most recent United States Census, with collection provided no less frequently than every 2 weeks, and at least one drop-off location for recyclable materials within 15 miles of the municipal boundary for municipalities with a population less than 1,500, with needs identified on a county-by-county basis for all counties in the State, and the estimated costs to meet the access requirements;

(11) program costs and capital investments required to achieve a 35%, 50%, and 65% recycling rate by December 31, 2035 for each material type, including paper, plastic, glass, and metal, and including investment into existing and future reuse, recycling, and composting infrastructure for packaging and paper products;

(12) the market conditions and opportunities for reusable, recyclable, and compostable packaging and paper products in the State and regionally;

(13) multilingual public education needs for the reduction, reuse, recycling, and composting of packaging and paper products, including, but not limited to, a scientific survey of current awareness among residents of this State of proper end-of-life management for packaging and paper products and the needs associated with the reduction of contamination rates at MRFs in the State; and

(14) an assessment of environmental justice and recycling equity in the State, including, but not limited to:

(A) an evaluation of current access to and the performance of curbside and drop-off recycling programs in units of local government designated as environmental justice areas; and

(B) a comparison of the location of MRFs and compost facilities in units of local government that have been designated as environmental justice areas with units of local government that are not so designated.

(d) Persons with data or information required to complete the statewide needs assessment shall provide an independent entity selected by the Agency with such data or information in a timely fashion to assist in completing the statewide needs assessment. The independent entity must be a CPA firm, as defined in the Illinois Public Accounting Act. The independent entity shall enter into a nondisclosure agreement with each person who provides data or information required to complete the statewide needs assessment. The independent entity shall aggregate the data or information received from all parties using, to the extent practicable, the factors enumerated in subsection (c) and transmit the data or information to the consultant and the Agency in a manner that does not identify the party who provided specific data or information. The data or information received by the independent entity may not be used for any other purpose. No person shall be required to provide data or information related to the statewide needs assessment until the person has received a nondisclosure agreement executed by the independent entity. Any person aggrieved by a violation of the terms and conditions of a nondisclosure agreement may institute a civil action to recover damages.

(e) On or before June 30, 2026, the Agency shall provide the draft needs assessment to the Advisory Council. The Advisory Council shall provide written comments to the Agency within 60 days after receipt of the needs assessment. The Agency's consultant shall include an assessment of comments received in the revised draft needs assessment submitted to the Agency and shall provide a summary and an analysis of any issues raised by the Advisory Council and significant changes suggested by any such comments, a statement of the reasons why any significant changes were not incorporated into the results of the study, and a description of any changes made to the results of the needs assessment as a result of such comments. The needs assessment shall be finalized by the Agency on or before November 1, 2026.

(Source: P.A. 103-383, eff. 7-28-23; 103-636, eff. 7-1-24.)

(415 ILCS 180/25)

Sec. 25. Severability. The provisions of this Act shall be severable and if any phrase, clause, sentence, or provision of this Act or the applicability thereof to any person or circumstance shall be held invalid, the remainder of this Act and the application thereof shall not be affected thereby.

(Source: P.A. 103-383, eff. 7-28-23.)

(415 ILCS 180/30)

Sec. 30. (Amendatory provisions; text omitted).

(Source: P.A. 103-383, eff. 7-28-23; text omitted.)

(415 ILCS 180/99)

Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 103-383, eff. 7-28-23.)