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Bill > SB1398

IL SB1398

IL SB1398
SOLID WASTE-BAN-FOOD WASTE

summary

Introduced
01/29/2025
In Committee
06/02/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Environmental Protection Act. Defines the terms "anaerobic digester", "anaerobic digestion", and "food". Deletes provisions that exempted certain composting facilities from regulation as a pollution control facility. Creates exemptions from the definition of "pollution control facility" for (i) the portion of a site or facility that is used for anaerobic digestion and (ii) the portion of a site or facility that is used to process food scrap at a food scrap processing facility. Provides for moneys that are appropriated from the Solid Waste Management Fund to the Agency in certain years for solid waste management activities to be segregated into a separate account for use by the Prairie Research Institute of the University of Illinois for the costs of implementing the Illinois Solid Waste Management Act. Amends the Solid Waste Planning and Recycling Act. Updates requirements for each county waste management plan's recycling program with respect to food scrap collection programs. Amends the Illinois Solid Waste Management Act. Provides that a person that generates more than the applicable regulatory threshold of food and food scrap and that is located within 20 miles, prior to July 1, 2035, or 25 miles, on and after July 1, 2035, of an Agency-permitted composting facility or anaerobic digester that accepts food scrap and that has the permitted capacity to accept food scrap shall, among other things, source separate food and food scrap from other solid waste and either arrange for the transfer of the food or food scrap to a location that manages food and food scrap in a manner consistent with the food and food scrap management hierarchy set forth in the Act or manage the food and food scrap on site in accordance with other applicable State and local laws and rules. Grants the Agency rulemaking powers. Contains other provisions. Effective immediately.

AI Summary

This bill establishes a comprehensive framework for managing food waste in Illinois, with the primary goal of reducing the amount of food and food scraps sent to landfills. The legislation introduces a detailed food and food scrap management hierarchy that prioritizes waste prevention, donation of edible food, animal feed, and ultimately composting or anaerobic digestion. Starting July 1, 2028, large food waste generators located within 20-25 miles of a permitted composting facility or anaerobic digester will be required to separate food waste from other solid waste and either transfer it to an appropriate facility or manage it on-site. The bill defines key terms like "anaerobic digester" and "food scrap" and provides a phased implementation approach, with progressively lower waste generation thresholds triggering compliance requirements from 2028 to 2034. Smaller municipalities and counties are given different compliance options, such as providing drop-off locations or educating residents about on-site composting. The legislation includes enforcement mechanisms with escalating penalties for non-compliance, starting with a warning and potentially leading to civil penalties of $10,000 per violation. The bill also amends several existing state acts to support this new waste management approach, including updates to recycling program requirements and modifications to pollution control facility regulations.

Committee Categories

Budget and Finance

Sponsors (15)

Last Action

Rule 3-9(a) / Re-referred to Assignments (on 06/02/2025)

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