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, recycling, and other end-of-life management for household-generated batteries collected by Agency collection partners under grant funding provided by the U.S. Department of Energy on or after January 1, 2024.

"Battery-containing product" means a product sold, offered for sale, or distributed in or into this State that contains or is packaged with rechargeable or primary batteries that are covered batteries. "Battery-containing product" does not include a covered electronic device subject to the requirements of the Consumer Electronics Recycling Act.

"Battery stewardship organization" means a producer that directly implements a battery stewardship plan required under this Act or a nonprofit organization designated by a producer or group of producers to implement a battery stewardship plan required under this Act.

"Battery stewardship program" means a program implemented by a battery stewardship organization consistent with an approved battery stewardship plan.

"Collection rate" means a percentage, by weight, that a battery stewardship organization collects that is calculated by dividing the total weight of primary and rechargeable batteries collected by the battery stewardship organization during the previous calendar year by the average annual weight of primary and rechargeable batteries that were estimated by the battery stewardship organization to have been sold in the State during the previous 3 calendar years by all producers participating in an approved battery stewardship plan.

"Covered battery" means a portable battery or a medium-format battery.

"Covered battery" does not include:

1. (1) a battery contained within a medical device, as specified in 21 U.S.C. 321(h) as it existed as of the effective date of this Act, that is not designed and marketed for sale or resale principally to consumers for personal use;
2. (2) a battery that contains an electrolyte as a free liquid;
3. (3) a lead-acid battery weighing greater than 11 pounds;
4. (4) a battery subject to the provisions of Section 22.23 of the Environmental Protection Act;
5. (5) a battery in a battery-containing product that is not intended or designed to be easily removable from the battery-containing product; and

6. (6) a battery that is a component of a motor vehicle or intended for use exclusively in motor vehicles. "Easily removable" means designed by the manufacturer to be removable by the user of the product with no more than commonly used household tools.

   "Medium-format battery" means the following primary or rechargeable covered batteries:

7. (1) for rechargeable batteries, a battery weighing more than 11 pounds or having a rating of more than 300 watt-hours, or both, and no more than 25 pounds and having a rating of no more than 2,000 watt-hours;

8. (2) for primary batteries, a battery weighing at least 4.4 pounds but not more than 25 pounds. "Motor vehicle" includes automobiles, vans, trucks, tractors, motorcycles, and motorboats as defined in subsection (h) of Section 22.23 of the Environmental Protection Act. For purposes of this Act, "motor vehicle" also includes all-terrain vehicles as defined in Section 1-101.8 of the Illinois Vehicle Code and watercraft as defined in Section 1-2 of the Boat Registration and Safety Act.

   "Portable battery" means the following primary or rechargeable covered batteries:

9. (1) for rechargeable batteries, a battery weighing no more than 11 pounds and having a rating of no more than 300 watt-hours;

10. (2) for primary batteries, a battery weighing no more than 4.4 pounds.

    "Primary battery" means a battery that is not capable of being recharged.

    "Producer" means the following:

11. (1) For covered batteries sold, offered for sale, or distributed in or into this State:

    1. (A) If the battery is sold, offered for sale, or distributed in or into this State under the brand of the battery manufacturer, the producer is the person that manufactures the battery.
    2. (B) If the battery is sold, offered for sale, or distributed in or into this State under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner.
    3. (C) If there is no person to whom subparagraph (A) or (B) of this paragraph (1) applies, the producer is the person that is the licensee of a brand or trademark under which the battery is sold, offered for sale, or distributed in or into this State, whether or not the trademark is registered in this State.
    4. (D) If there is no person in the United States to whom subparagraph (A), (B), or
    5. (C) of this paragraph (1) applies, the producer is the person who is the importer of record for the battery into the United States.
    6. (E) If there is no person with a commercial presence within the State to whom subparagraph (A), (B), (C), or
    7. (D) of this paragraph (1) applies, the producer is the person who first sells, offers for sale, or distributes the battery in or into this State.

12. (2) For covered battery-containing products containing one or more covered batteries sold, offered for sale, or distributed in or into this State:

    1. (A) If the battery-containing product is sold, offered for sale, or distributed in or into this State under the brand of the product manufacturer, the producer is the person that manufactures the product.
    2. (B) If the battery-containing product is sold, offered for sale, or distributed in or into this State under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner.
    3. (C) If there is no person to whom subparagraph (A) or (B) of this paragraph (2) applies, the producer is the person that is the licensee of a brand or trademark under which the product is sold, offered for sale, or distributed in or into this State, whether or not the trademark is registered in this State.
    4. (D) If there is no person described in subparagraph (A), (B), or
    5. (C) of this paragraph (2) within the United States, the producer is the person who is the importer of record for the product into the United States.
    6. (E) If there is no person described in subparagraph (A), (B), (C), or
    7. (D) of this paragraph (2) with a commercial presence within the State, the producer is the person who first sells, offers for sale, or distributes the product in or into this State.
    8. (F) A producer does not include any person who only manufactures, sells, offers for sale, distributes, or imports into the State a battery-containing product if the only batteries contained in or supplied with the battery-containing product are supplied by a producer that has joined a registered battery stewardship organization as the producer for that covered battery under this Act. Such a producer of covered batteries that are included in a battery-containing product must provide written certification of that membership to both the producer of the battery-containing product containing one or more covered batteries and the battery stewardship organization of which the battery producer is a member.

13. (3) A person is the producer of a covered battery or battery-containing product containing one or more covered batteries sold, offered for sale, or distributed in or into this State, as defined in this Section, except if another party has contractually accepted responsibility as a responsible producer and has joined a registered battery stewardship organization as the producer for that covered battery or battery-containing product containing one or more covered batteries under this Act. "Rechargeable battery" means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, designed to be recharged.

    "Recycling" means recycling, reclamation, or reuse as defined in Section 3.380 of the Environmental Protection Act. For purposes of this Act, "recycling" does not include:

14. (1) combustion;
15. (2) incineration;
16. (3) energy generation;
17. (4) fuel production; or

18. (5) beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover. "Recycling efficiency rate" means the ratio of the weight of components and materials recycled by a program operator from covered batteries to the weight of covered batteries as collected by the program operator.

    "Retailer" means a person who sells covered batteries or battery-containing products containing one or more covered batteries in or into this State or offers or otherwise makes available covered batteries or battery-containing products containing one or more covered batteries to a customer, including other businesses, in this State.

(Source: P.A. 103-1033, eff. 8-9-24.)