Enrolled Illinois Senate Bill 1555 (2023) - (Passed)

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.

Paper products are included in the definition of packaging. Examples include paper that can or has been printed on to create flyers, brochures, booklets, catalogs, greeting cards, telephone directories, newspapers, magazines and paper used for copying, writing, or any other general use.

Packaging does not include:

1. Medical device or packaging that is regulated as a drug, medical device, or dietary supplement, or combination product by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act or federal Dietary Supplement Health and Education Act
2. Animal biologics, including, but not limited to, vaccines, bacterins, antisera, diagnostic kits, other products of biological origin, and other covered materials 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
4. Beverage containers subject to a returnable container deposit
5. Paper that could become unsafe or unsanitary to recycle
6. Bound books for literary, textual, or reference purposes

Single or multi-familiy residences are considered covered entities.

Public or private schools for kindergarten through 12th grade are considered covered entities. State or local government facilities are also included.

Public spaces including parks, trails, transit stations, pedestrian areas where the state or local government are responsible are considered covered entities.

On or before January 1, 2024 the Director shall appoint members to the Statewide Recycling Needs Assessment Advisory Council.

The Advisory Council will provide advice and recommendations to the Agency in the drafting, amendment, and finalization of the Statewide Recycling Needs Assessment.

Members of the Advisory Council shall include, but no limited to, the following voting members:

1. Four individuals representing material recovery facilities, 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 than1,000,000, 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 post-consumer 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
11. Four individuals representing producers of consumer products

The Advisory Council shall submit a report of its findings and recommendations to the General Assembly and the Governor on or before December 1, 2026

"Recycling" means recycling, reclamation or reuse as defined in Section 3.380 of the Environmental Protection Act. "Recycling" does not include landfill disposal of covered materials or the residue resulting from the processing of covered materials at a 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 a covered material or a covered material's 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 all 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 a MRF.

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 July 1,2024.The needs assessment shall be funded by an appropriation from the Agency's Solid Waste Management Fund or other appropriated funding. The needs assessment shall be finalized by the Agency on or before May 1, 2026.

Reusable means designed to be refilled or used repeatedly for its original intended purpose and is returnable, safe for washing and sanitizing according to applicable State food safety laws, and with the exception of ceramic products, capable of being recycled at the end of use.