ELECTRONIC DEVICE STEWARDSHIP

Illinois General Assembly - Full Text of HB4652

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4652

Introduced 2/3/2026, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

New Act

Creates the Electronic Device Stewardship Act. Requires a producer
that sells an electronic smoking device to implement and finance an
electronic smoking device stewardship program, no later than 2 years after
the effective date of the Act, through a producer responsibility
organization that is approved by the Environmental Protection Agency.
Requires a producer responsibility organization to submit an electronic
smoking device stewardship plan to the Agency for approval no later than 2
years after the effective date of the Act. Establishes requirements
regarding fees collected from participating producers. Sets forth
procedures regarding approval of stewardship plans. Prohibits, beginning 2
years after the effective date of the Act, a producer from selling,
offering for sale, distributing, or importing for sale an electronic
smoking device unless the producer is in an approved producer
responsibility organization in compliance with the Act, with a civil
penalty of up to $10,000 for a violation. Provides an affirmative defense
for a distributor or retailer for reliance on the representation of a
producer or producer responsibility organization. Allows the Attorney
General to recover civil penalties and any other damages and to seek
injunctive relief. Provides an antitrust exemption. Requires a producer
responsibility organization to submit an annual report to the
Environmental Protection Agency. Requires the Agency to adopt rules and
conduct an evaluation. Makes findings and states the purpose of the Act.
Defines terms. Effective immediately.
LRB104 17393 BDA 30818 b

A BILL FOR

HB4652
LRB104 17393 BDA 30818 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Electronic Smoking Device Stewardship Act.

6

Section 5.
Findings and purpose.
The General Assembly
7
finds that:
8

(1) In the past decade, electronic smoking device
9

sales have risen dramatically worldwide as has the use of
10

those devices.
11

(2) A significant portion of electronic smoking
12

devices sold are designed for single use, resulting in
13

high volumes of short-lived products entering the waste
14

stream.
15

(3) Electronic smoking devices are a growing waste
16

management concern because, despite their small size, they
17

are consumed and discarded much more quickly than typical
18

electronics.
19

(4) Electronic smoking devices and their components
20

pose environmental and public health risks due to the
21

presence of batteries, metals, plastics, and toxic or
22

hazardous substances that may contaminate soil, water, and
23

air when improperly disposed of.

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(5) Local governments, businesses, and residents of
2

the State do not have ready access to an efficient,
3

environmentally sound, and cost-effective disposal method
4

for electronic smoking devices.
5

(6) The producers of electronic smoking devices are
6

best positioned to assume responsibility for the
7

end-of-life management of their products through the
8

development and implementation of a cost-effective
9

stewardship program that provides for collection,
10

transportation, recycling, and environmentally sound
11

disposal.
12

(7) Therefore, it is the purpose of this Act to
13

require producers of electronic smoking devices sold in
14

this State to finance and implement a producer
15

responsibility organization and to develop and implement a
16

program that provides for the collection and
17

environmentally sound management of post-consumer
18

electronic smoking devices.

19

Section 10.
Definitions.
In this Act:
20

"Agency" means the Illinois Environmental Protection
21
Agency.
22

"Distributor" means a person who has a contractual
23
relationship with one or more producers to market and sell
24
electronic smoking devices to retailers.
25

"Electronic smoking device stewardship plan" or

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"stewardship plan" means the stewardship plan developed
2
pursuant to this Act, which provides for the environmentally
3
sound life-cycle management, by participating producers, of
4
electronic smoking devices that are sold or offered for sale
5
in Illinois.
6

"Electronic smoking device" or "device" means any device
7
that may be used to deliver any aerosolized or vaporized
8
substance to a person inhaling from the device, including, but
9
not limited to, an electronic cigarette, electronic cigar,
10
electronic cigarillo, electronic pipe, vape pen, or electronic
11
hookah. "Electronic smoking device" or "device" includes any
12
component, part or accessory of the device and any substance
13
that may be aerosolized or vaporized by that device, whether
14
or not the substance contains nicotine or cannabis.
15
"Electronic smoking device" or "device" does not include
16
drugs, devices, or combination products authorized for sale by
17
the United States Food and Drug Administration, as those terms
18
are defined in the Federal Food, Drug, and Cosmetic Act, when
19
marketed and sold solely for the approved medical purpose.
20

"Environmentally sound management practices" means
21
policies or procedures for the collection, storage,
22
transportation, reuse, recycling, and disposal of electronic
23
smoking devices, which ensure compliance with all applicable
24
federal, State, and local laws, rules, regulations, and
25
ordinances, and the protection of human health and the
26
environment, and which address matters such as adequate

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recordkeeping, accurate tracking and documentation of the use,
2
reuse, recycling, or disposal of post-consumer electronic
3
smoking devices within and outside of the State, and adequate
4
provision of environmental liability coverage for professional
5
services and for the operations of contractors working on
6
behalf of a producer or representative organization.
7

"Federal waste management hierarchy" means the four-tiered
8
hierarchy, established by the United States Environmental
9
Protection Agency, that guides waste management determinations
10
through the promotion of source reduction, recycling, energy
11
recovery, and waste treatment and disposal, in that order, to
12
the extent feasible.
13

"Household hazardous waste" means a consumer disposed
14
waste product intended for household use generally containing
15
constituents that make its disposal in municipal waste
16
landfills or incinerators undesirable. "Household hazardous
17
waste" includes, but is not limited to:
18

(1) waste oil;
19

(2) petroleum distillate-based solvents;
20

(3) oil-based liquid paint, paint strippers, and paint
21

thinners;
22

(4) herbicides and pesticides, except for
23

antimicrobial and disinfectant products; and
24

(5) an electronic smoking device confiscated by a
25

school as contraband.
26

"Household hazardous waste" does not include waste

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1
generated in the course of operating a business concern at a
2
residence.
3

"Household hazardous waste collection facility" means a
4
facility operated by a public agency, or its contractor, for
5
the purpose of collecting, handling, treating, storing,
6
recycling, or disposing of household hazardous waste,
7
consistent with the Environmental Protection Act and rules
8
adopted thereunder. The operation of a household hazardous
9
waste collection facility may include accepting hazardous
10
waste from very small quantity generators if that acceptance
11
is authorized pursuant to the Environmental Protection Act and
12
rules adopted thereunder, including 35 Ill. Adm. Code 722.
13
"Household hazardous waste collection facility" includes a
14
permanent household hazardous waste collection facility,
15
temporary household hazardous waste collection facility,
16
recycle-only household hazardous waste collection facility,
17
curbside household hazardous waste collection program,
18
door-to-door household hazardous waste collection program or
19
household hazardous waste residential pickup service, and
20
mobile household hazardous waste collection facilities.
21

"Post-consumer electronic smoking device" or
22
"post-consumer device" means an electronic smoking device that
23
is not used and no longer wanted by a consumer.
24

"Producer" means a person that is responsible for an
25
electronic smoking device that is sold or offered for sale in
26
or into the State, whether the sale occurs through a physical

HB4652
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1
location, a remote transaction, or another commercial
2
distribution method, as determined in the following order of
3
priority:
4

(1) the first priority is the brand owner, which is a
5

person that has legal ownership of the brand under which
6

the electronic smoking device is sold, or that
7

manufactures the electronic smoking device under a brand
8

that the person owns or is licensed to use;
9

(2) the second priority is the United States importer,
10

which is a person that imports the electronic smoking
11

device into the United States for sale or distribution in
12

or into the State, but only if no person described in
13

paragraph (1) can be identified or is subject to the
14

jurisdiction of the State;
15

(3) the third priority is the distributor, which is a
16

distributor that sells, supplies, or arranges for the sale
17

of the electronic smoking device in or into the State, but
18

only if no person described in paragraph (1) or (2) can be
19

identified or is subject to the jurisdiction of the State;
20

and
21

(4) the fourth priority is the first seller into the
22

State, which is the person that first sells or offers the
23

electronic smoking device for sale in or into the State,
24

but only if no person described in paragraphs (1) through
25

(3) can be identified or is subject to the jurisdiction of
26

the State.

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"Producer responsibility organization" means an
2
organization that is exempt from taxation under Section
3
501(c)(3) of the federal Internal Revenue Code of 1986 and
4
that is designated by a producer or group of producers to act
5
as an agent of the producer or group of producers to develop,
6
implement, and administer a producer responsibility program in
7
accordance with this Act.
8

"Recycling" means any process by which materials or
9
products that would otherwise become solid waste are
10
collected, separated, or processed and returned to the
11
economic mainstream in the form of raw materials or products.
12

"Recycling" does not include energy recovery or energy
13
generation resulting from combustion or incineration
14
processes.
15

"Responsible management" means the handling, tracking, and
16
disposition of devices from the point of collection through
17
the final destination of the collected material in a way that
18
benefits the environment and minimizes risks to public health
19
and worker health and safety.
20

"Retailer" means any person engaged in the business of
21
selling electronic smoking devices to ultimate consumers,
22
including, but not limited to:
23

(1) any person in this State engaged in the business
24

of selling tobacco products to consumers in this State,
25

regardless of quantity or number of sales; or
26

(2) a dispensary operated by a dispensing organization

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at which activities licensed under the Cannabis Regulation
2

and Tax Act may occur.
3

"Reuse" means the return of a product into the economic
4
stream for use in the same kind of application originally
5
intended for the product, without a change in the product's
6
original composition or identity.
7

"School" has the meaning ascribed to that term in the
8
School Code. "School" includes a charter school or school
9
district.
10

"Sell" or "sale" means any transfer of title for
11
consideration. "Sell" or "sale" includes, but is not limited
12
to, remote sales transactions conducted through sales outlets,
13
catalogs, or the Internet, or through any other similar
14
electronic means.

15

Section 15.
Program.
16

(a) No later than 2 years after the effective date of this
17
Act, a producer that sells an electronic smoking device in the
18
State shall, individually or collectively, and through a
19
producer responsibility organization, implement and finance an
20
electronic smoking device stewardship program to manage
21
unwanted electronic smoking devices sold by the producer at
22
the end of the device's life.
23

(b) A producer responsibility organization shall develop,
24
implement, and administer an electronic smoking device
25
stewardship program on behalf of all participating producers

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and shall:
2

(1) be governed by a board of directors that includes
3

representatives of participating producers and may include
4

nonvoting members representing retailers, recyclers, local
5

governments, environmental organizations and other
6

stakeholders as determined by the producer responsibility
7

organization; the producer responsibility organization
8

shall ensure that participating producers placing
9

electronic smoking devices in the Illinois market have
10

equitable representation in governance, commensurate with
11

their respective market shares;
12

(2) meet the requirements of this Act and any rules
13

adopted by the Agency;
14

(3) demonstrate, to the Agency's satisfaction, that
15

the producer responsibility organization has adequate
16

financial responsibility and financial controls in place,
17

including fraud prevention measures and an auditing
18

schedule, to ensure the proper management of the producer
19

responsibility organization's funds;
20

(4) provide participating producers with the
21

information, guidance, and tools necessary to enable those
22

producers to meet their obligations under this Act; and
23

(5) collect and manage fees from participating
24

producers sufficient to fully fund the electronic smoking
25

device stewardship program, including administrative
26

costs, education and outreach, collection, transportation,

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recycling, disposal, and Agency oversight.
2

(c) If more than one electronic smoking device producer
3
responsibility organization operates a stewardship program
4
under this Section, all producer responsibility organizations
5
shall coordinate to ensure a single, uniform statewide program
6
for consumers and other end users. At minimum, such
7
coordination shall include:
8

(1) establishing and maintaining a single statewide
9

website that provides clear, accurate, and up-to-date
10

information on all approved electronic smoking device
11

stewardship programs operating in the State, including
12

collection locations, program participation requirements,
13

proper management of unwanted electronic smoking devices,
14

and consumer education materials;
15

(2) establishing and maintaining a single, statewide
16

toll-free telephone number through which consumers may
17

obtain information regarding collection locations, program
18

requirements, and proper management of electronic smoking
19

devices;
20

(3) ensuring that all collection locations established
21

under any approved stewardship program accept all covered
22

electronic smoking devices, regardless of brand, producer,
23

or producer responsibility organization affiliation; and
24

(4) coordinating education and outreach materials to
25

ensure consistent statewide messaging and to avoid
26

consumer confusion.

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1

(d) A producer responsibility organization shall not
2
operate an electronic smoking device stewardship program in
3
the State unless the Agency has approved the producer
4
responsibility organization and its electronic smoking device
5
stewardship plan pursuant to this Act. The Agency may approve,
6
conditionally approve, or deny approval of a producer
7
responsibility organization or electronic smoking device
8
stewardship plan. The Agency may revoke or suspend approval if
9
the Agency determines that a producer responsibility
10
organization or participating producer is not in compliance
11
with this Act or rules adopted under this Act.
12

(e) Each producer that sells an electronic smoking device
13
in the State shall participate in an approved producer
14
responsibility organization in order to satisfy the producer's
15
obligations under this Act.
16

(f) A producer shall notify the Agency and its current
17
producer responsibility organization, in writing, of any
18
change in producer responsibility organization participation
19
no later than 30 days before the effective date of the change,
20
unless otherwise approved by the Agency.
21

(g) A producer responsibility organization approved
22
pursuant to this Section shall notify the Agency, in writing
23
and within 30 days of any of the following:
24

(1) a change in identity of participating producers;
25

(2) a change in the governance structure or board
26

composition of the producer responsibility organization;

HB4652
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LRB104 17393 BDA 30818 b
1

(3) a material change to program operations or funding
2

mechanisms; or
3

(4) the intent of the producer responsibility
4

organization to cease operating an electronic smoking
5

device stewardship program in the State.
6

(h) An electronic smoking device stewardship program may
7
not charge a person a fee at the time an unwanted electronic
8
smoking device is delivered or collected for recycling or
9
disposal under the program.
10

(i) Responsibility as a producer under this Act is
11
mandatory and is assigned by operation of law to the
12
highest-priority person identified under the definition of
13
"producer" in Section 10 of this Act. Responsibility as a
14
producer under this Act may not be avoided, delegated, or
15
transferred by contract or agreement.

16

Section 20.
Stewardship plans.
17

(a) A producer responsibility organization shall submit an
18
electronic smoking device stewardship plan to the Agency for
19
approval no later than 2 years after the effective date of this
20
Act. The Agency shall review an electronic smoking device
21
stewardship plan to determine whether the stewardship plan
22
meets the requirements of this Act. The Agency may approve,
23
conditionally approve, or disapprove a plan. If the Agency
24
disapproves a plan or conditionally approves a plan, the
25
Agency shall provide written notice identifying the reasons

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for the determination. A producer responsibility organization
2
shall submit a revised plan addressing the Agency's concerns
3
within a timeframe specified by the Agency. The stewardship
4
plan shall be designed to reduce the financial and
5
administrative burden on the public sector by providing for
6
the collection and environmentally sound management of
7
post-consumer electronic smoking devices through reuse and
8
recycling, consistent with this Act.
9

(b) The stewardship plan submitted pursuant to this
10
Section shall include:
11

(1) identification and contact information for:
12

(A) the individual or entity submitting the
13

stewardship plan;
14

(B) all producers participating in the program,
15

including each producer's legal name and primary
16

business address;
17

(C) the owners of the brands covered by the
18

program; and
19

(D) the producer responsibility organization, if
20

using a producer responsibility organization,
21

including a description of the producer responsibility
22

organization and the tasks to be performed by the
23

producer responsibility organization; the description
24

must include information on how the producer
25

responsibility organization is organized, including
26

its administration and management; a producer

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1

responsibility organization may satisfy the
2

requirements of this paragraph on behalf of a producer
3

through its submission of a stewardship plan, plan
4

update, or annual report that includes current
5

producer address information;
6

(2) a provision for convenient and available statewide
7

collection of post-consumer electronic smoking devices
8

from urban, suburban, and rural areas of the State;
9

(3) if more than one producer responsibility
10

organization operates a stewardship program under this
11

Act, a description of how the stewardship plan will comply
12

with subsection (c) of Section 15 of this Act, including
13

participation in a shared statewide website, a shared
14

statewide toll-free telephone number, and the acceptance
15

of all covered post-consumer electronic smoking devices at
16

all collection locations;
17

(4) at a minimum, and unless otherwise approved by the
18

Agency, provision of collection site locations statewide
19

that will accept post-consumer devices such that:
20

(A) at least 90% of State residents have a
21

permanent collection site within 15 miles of their
22

residence;
23

(B) permanent collection sites are established for
24

every 30,000 residents of a population center; and
25

(C) collection sites are distributed to provide
26

convenient and equitable access for residents within

HB4652
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1

each population center, unless otherwise approved in
2

writing by the Agency; for those persons who do not
3

have a permanent collection site within 15 miles of
4

their residence, the stewardship plan shall provide
5

for quarterly collection events, unless more frequent
6

collection events are deemed to be necessary, and are
7

required, in writing, by the Agency;
8

(5) a description of the collection, transportation,
9

and processing system for post-consumer electronic smoking
10

devices, including:
11

(A) the location or number of collection sites;
12

(B) the identity of the processors that manage the
13

post-consumer electronic smoking devices collected
14

under the program; and
15

(C) the transporters designated to transport
16

post-consumer electronic smoking devices;
17

(6) to the extent reasonably feasible and mutually
18

agreeable, the coordination of the electronic smoking
19

device stewardship program with existing local government
20

and electronic waste infrastructure, provided that there
21

are no additional costs to the State or local government;
22

(7) a description of how the program prioritizes reuse
23

and recycling consistent with this Act;
24

(8) a description of the educational materials and
25

outreach efforts that will be used to inform consumers
26

about the stewardship program. Educational materials shall

HB4652
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1

include, but need not be limited to, information at the
2

point of purchase identifying the end-of-life management
3

options that are available for post-consumer devices
4

through the stewardship program;
5

(9) a description of how the stewardship plan will be
6

administered, and identification of responsible staff who
7

will be responsible for ensuring proper administration of
8

the stewardship plan;
9

(10) a description of the fee system developed
10

pursuant to subsection (d) of this Section, including the
11

methodology used to determine and allocate fees among
12

participating producers;
13

(11) a proposed budget demonstrating that producer
14

fees are reasonably calculated to cover the costs of
15

implementing the stewardship program, subject to review
16

and approval by the Agency; and
17

(12) a description of the procedures the producer
18

responsibility organization will use to:
19

(A) identify producers that fail to timely provide
20

required fees, records, or information necessary for
21

administration of the electronic smoking device
22

stewardship program;
23

(B) address instances in which a producer ceases
24

participation in the program; and
25

(C) notify the Agency of unresolved participation
26

or payment issues in a manner and timeframe specified

HB4652
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LRB104 17393 BDA 30818 b
1

in the stewardship plan.
2

(c) Each producer responsibility organization shall submit
3
an updated electronic smoking device stewardship plan to the
4
Agency for review and approval if the producer responsibility
5
organization proposes a material change to an approved plan.
6
The Agency shall determine whether a proposed change is
7
material and whether Agency approval is required prior to
8
implementation. The Agency may approve, conditionally approve,
9
or disapprove an updated plan in the same manner as an initial
10
plan submitted under subsection (a).
11

(d) The electronic smoking device stewardship plan shall
12
include a description of the system the producer
13
responsibility organization will use to establish, assess, and
14
collect fees from participating producers sufficient to cover
15
the costs of implementing the electronic smoking device
16
stewardship program. Fees shall be set in a manner that is
17
equitable, transparent, and reasonably related to the costs of
18
program operation and the quantities and types of electronic
19
smoking devices placed on the market by participating
20
producers. Fees shall be structured to fully fund the
21
electronic smoking device stewardship program and may take
22
into account, as appropriate, factors such as the quantities
23
and characteristics of electronic smoking devices placed on
24
the market by participating producers, provided that the fee
25
system is equitable, transparent, and subject to Agency review
26
and approval.

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1

Section 25.
Approval of stewardship plans.
2

(a) Not more than 120 days after receipt of a completed
3
stewardship plan, submitted pursuant to this Act, the Agency
4
shall approve, conditionally approve, or disapprove the
5
stewardship plan and provide written notice of the
6
determination to the producer responsibility organization. In
7
making a determination pursuant to this Section, the Agency
8
may solicit information from the representatives of recycling
9
facilities and other stakeholders, as the Agency deems
10
appropriate.
11

(b) A stewardship plan shall not be approved, pursuant to
12
this Section, unless the Agency determines that: (1) the
13
producer responsibility organization has engaged in
14
satisfactory consultation with stakeholders in the development
15
of the stewardship plan; (2) the stewardship plan adequately
16
addresses all of the elements described in subsection (b) of
17
Section 20 of this Act in sufficient detail to demonstrate
18
that the objectives of the stewardship plan will be met; and
19
(3) the stewardship plan contains an adequate financing
20
mechanism, developed pursuant to subsection (d) of Section 20
21
of this Act and a budget subject to review and approval by the
22
Agency.
23

(c)(1) If a stewardship plan is approved pursuant to this
24
Section, the producer responsibility organization shall begin
25
implementing the approved plan within 90 days after receipt of

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the Agency's written notice or after the expiration of the
2
120-day period established by subsection (a) of this Section,
3
as the case may be, or within another timeframe agreed to by
4
the Agency.
5

(2) If a stewardship plan is conditionally approved
6
pursuant to this Section, the Agency's written notice shall
7
specify the conditions that are to be satisfied in order for
8
the stewardship plan to be approved pursuant to this Act. The
9
producer responsibility organization shall implement the
10
conditionally approved plan, in accordance with the conditions
11
specified in the notice, either within 90 days after receipt
12
of the Agency's notice or within another timeframe agreed to
13
by the Agency.
14

(3) If an electronic smoking device stewardship plan is
15
disapproved pursuant to this Section, the Agency's written
16
notice shall be accompanied by a detailed statement describing
17
the reasons for disapproval. Not more than 30 days after
18
receipt of the Agency's notice and accompanying statement of
19
the reasons for disapproval, the producer responsibility
20
organization shall submit a revised stewardship plan to the
21
Agency, who shall approve, conditionally approve, or
22
disapprove the revised plan in accordance with the provisions
23
of subsection (a) of this Section.
24

(d) Not more than 90 days after approving an electronic
25
smoking device stewardship plan pursuant to this Section, or
26
any revisions thereto, the Agency shall post the stewardship

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1
plan at a publicly accessible location on the Agency's
2
website.
3

(e)(1) A stewardship plan approved pursuant to this
4
Section shall be reviewed and updated by the producer
5
responsibility organization, and reapproved by the Agency, at
6
least once every 5 years, in accordance with the procedures
7
specified in this Section.
8

(2) Notwithstanding the provisions of paragraph (1) of
9
this subsection to the contrary, the Agency may, at any time,
10
review a previously approved electronic smoking device
11
stewardship plan to determine whether the stewardship plan is
12
being implemented in accordance with this Act. If the Agency,
13
at any time, finds that the approved plan, as implemented, is
14
deficient, the Agency may order the producer responsibility
15
organization to incorporate modifications to the stewardship
16
plan or to the implementation thereof, as may be necessary to
17
ensure that the stewardship plan, as implemented, fully
18
complies with the provisions of this Act.

19

Section 30.
Prohibition on sale of electronic smoking
20
devices.
21

(a) Beginning 2 years after the effective date of this
22
Act, a producer shall not sell, offer for sale, distribute, or
23
import for sale in the State an electronic smoking device
24
unless the producer is participating in an approved producer
25
responsibility organization in compliance with this Act.

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1

(b) A distributor or retailer shall not be subject to
2
enforcement of the prohibition under this Section for the sale
3
or offering for sale of an electronic smoking device if the
4
distributor or retailer reasonably relied, in the ordinary
5
course of business, on the representation of a producer or
6
producer responsibility organization that the producer was in
7
compliance with this Act. This subsection does not apply to a
8
distributor or retailer that is also a producer with respect
9
to electronic smoking devices for which it is the producer.

10

Section 35.
Enforcement and penalties.
11

(a) A producer that violates subsection (a) of Section 30
12
of this Act is subject to a written warning for a first
13
violation and a civil penalty of up to $10,000 for each
14
subsequent violation.
15

(b) In determining the amount of a civil penalty under
16
this Section, the court may consider the nature,
17
circumstances, extent, and gravity of the violation, including
18
the number of electronic smoking devices sold in violation of
19
this Act.
20

(c) The Attorney General may recover civil penalties and
21
any other damages and may seek injunctive relief to enforce
22
this Act.

23

Section 40.
Antitrust exemption.
24

(a) Except as provided in subsection (b) of this Section,

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1
an action undertaken by a producer or producer responsibility
2
organization that is necessary to develop or implement an
3
approved electronic smoking device stewardship plan shall not
4
be deemed to constitute a violation of any State law relating
5
to antitrust, restraint of trade, unfair trade practices, or
6
the regulation of trade or commerce.
7

(b) Subsection (a) does not apply to:
8

(1) any agreement establishing or affecting the price
9

of a product; or
10

(2) any agreement restricting the output or production
11

of a product or the geographic area or customers to which a
12

product will be sold.

13

Section 45.
Annual report.
14

(a) One year after the Agency provides notification to a
15
producer responsibility organization of its approval of a plan
16
in accordance with this Act, and annually on July 1 of each
17
year thereafter, each producer responsibility organization
18
shall submit an annual report to the Agency describing the
19
operation of its electronic smoking device stewardship program
20
during the preceding year.
21

(b) The report shall include, at a minimum:
22

(1) a list of participating producers;
23

(2) a description of the collection system, including
24

the number and location of collection sites;
25

(3) the total weight or quantity of post-consumer

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1

electronic smoking devices collected, by method of
2

disposition;
3

(4) a description of the types of processing and
4

disposition facilities used by the program and the
5

disposition methods utilized;
6

(5) the total cost of implementing the program,
7

including, but not limited to, separate figures for the
8

costs associated with collection, transportation,
9

disposition, education and outreach, and an independent
10

financial audit;
11

(6) a description of education and outreach activities
12

conducted during the reporting period, including efforts
13

to inform consumers, retailers, and other stakeholders
14

about the electronic smoking device stewardship program;
15

(7) a description of any material changes to the
16

stewardship program during the reporting period, including
17

changes to collection methods, program scope, or
18

participating producers;
19

(8) a summary of compliance issues identified by the
20

producer responsibility organization during the reporting
21

period and actions taken to address those issues;
22

(9) an evaluation of program effectiveness and a
23

description of planned or considered improvements to the
24

program;
25

(10) a description of the educational and outreach
26

materials developed and distributed during the reporting

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1

period and the methods used to disseminate those
2

materials, together with an assessment of their
3

effectiveness;
4

(11) a certification, signed by an authorized
5

representative of the producer responsibility
6

organization, attesting to the accuracy of the information
7

contained in the report;
8

(12) an annual financial report for the preceding
9

program year, audited by an independent certified public
10

accountant, demonstrating that producer fees collected
11

were sufficient to cover the costs of implementing and
12

operating the stewardship program for the reporting
13

period; the audit must be conducted in accordance with
14

generally accepted auditing standards.
15

(c) Within 90 days after receipt of an annual report, the
16
Agency may meet with interested stakeholders to review the
17
report. If the Agency chooses to meet with interested
18
stakeholders, the Agency shall post the minutes of each
19
stakeholder meeting on its website within 30 days after the
20
date of the meeting.
21

(d) Each report submitted pursuant to subsection (a) of
22
this Section shall be posted on the Agency's website. The
23
Agency shall not disclose financial, production, or sales data
24
reported by a producer responsibility organization pursuant to
25
this Section, except that the Agency may disclose such data in
26
aggregate or summary format, provided that individual

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1
producers, distributors, or retailers and their financial,
2
production, or sales data are not specifically identified, and
3
the summary omits any reference to unique characteristics from
4
which the identities of individual producers, distributors, or
5
retailers might be ascertained.

6

Section 50.
Rules; evaluation.
7

(a) The Agency may adopt rules as necessary to implement
8
and administer this Act.
9

(b) The Agency shall evaluate opportunities to increase
10
safety and convenience related to the management and disposal
11
of electronic smoking devices confiscated from students by a
12
school. The evaluation shall ensure consistency with the
13
federal Resource Conservation and Recovery Act and may
14
include, but need not be limited to, the potential designation
15
of confiscated devices as universal waste. The Agency shall
16
identify any recommendations that require future legislative
17
action.

18

Section 99.
Effective date.
This Act takes effect upon
19
becoming law.

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