LUBRICANT RESPONSIBILITY ACT

Illinois General Assembly - Full Text of SB3157

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3157

Introduced 2/2/2026, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.1038 new

Creates the Lubricant and Related Product Producer Responsibility
Act. Requires a producer of covered products to register with a producer
responsibility organization and notify the Illinois Environmental
Protection Agency. Prohibits an unregistered producer from selling,
offering for sale, importing, or distributing a covered product in the
State. Sets forth various requirements for a producer responsibility
organization and a producer responsibility plan. Lists duties of a
lubricant service provider and requires the Agency to provide certain
information to a producer responsibility organization. Lists financial
duties of the producer responsibility organization and the Agency.
Requires participant producers, through the producer responsibility
organization, to pay certain costs. Creates the Lubricant and Related
Product Producer Responsibility Fund in the State treasury. Requires the
producer responsibility organization to reimburse certain lubricant
service providers for specified costs. Sets forth requirements for
records, audits, and reports related to the producer responsibility
organization. Prohibits a retailer, dealer, producer, or distributor from
selling, distributing, offering for sale, or importing a covered product
in or into the State unless certain requirements are met. Sets forth
penalties for violations of the Act. Requires deposit of penalties into
the Lubricant and Related Product Producer Responsibility Fund. Provides
for judicial review of administrative decisions and for enforcement of
judgments. Limits liability for anticompetitive conduct. Sets timelines
for implementation of various parts of the Act. Allows the Agency to adopt
rules that are necessary to implement and administer the Act. Defines
terms. Makes conforming changes to the State Finance Act.
LRB104 16971 BDA 30385 b

A BILL FOR

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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
Lubricant and Related Product Producer Responsibility Act.

6

Section 5.
Purpose.
The purpose of this Act is to provide
7
for the safe and proper management of antifreeze, oil-based
8
lubricants, grease, engine additives, and other petroleum and
9
related fluids typically used in automotive, transportation,
10
and mechanical applications, as well as the original packaging
11
containing these products, at household hazardous waste
12
facilities in the State. In implementing this Act, the board,
13
the producer responsibility organization, and any approved
14
producer responsibility plan shall maintain and build on the
15
existing infrastructure in the State.

16

Section 10.
Definitions.
In this Act:
17

"Agency" means the Illinois Environmental Protection
18
Agency.
19

"Approved plan" means a producer responsibility plan that
20
has been approved by the Agency under Section 55 and that has
21
not been revoked by the Agency under Section 125.
22

(1) A conditionally approved plan is an approved plan,

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except as used in Section 55.
2

(2) A partially approved plan is not an approved plan.
3

"Board" means the governing board under Section 25.
4

"Brand" means a name, symbol, word, or mark that
5
identifies a covered product rather than its components, and
6
attributes the covered product to the owner or licensee of the
7
brand as the producer.
8

"Collection center" means a secured site that is approved
9
by the Agency to be used as a base for household hazardous
10
waste collection and that collects covered products as defined
11
in this Act.
12

"Consumer" means a purchaser, owner, or lessee of a
13
covered product, including, without limitation, a person,
14
business, corporation, limited partnership, nonprofit
15
organization, or governmental entity.
16

"Contact information" means a name, physical address,
17
mailing address, email address, and phone number.
18

"Covered product" means a nonflammable petroleum-derived
19
or synthetic automotive product or other related products,
20
including, but not limited to, antifreeze, engine additives,
21
engine oils, oil filters, fuel additives, greases, marine
22
lubricants, oil-based lubricants, transmission and gear oils,
23
two-cycle oils, and other fluids typically used in automotive,
24
transportation, and mechanical applications commercially
25
available to a nonbusiness consumer and delivered to a
26
household hazardous waste facility. "Covered product" includes

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the original packaging for any covered product of up to 15
2
gallons that is available to business and nonbusiness
3
consumers and sold in the State.
4

"Exclusive licensee" means a person holding the exclusive
5
right to use a brand in the State in connection with the
6
manufacture, sale, or distribution for sale of the covered
7
product in or into the State.
8

"Household hazardous waste" has the meaning ascribed to
9
that term in Section 3 of the Household Hazardous Waste
10
Collection Program Act.
11

"Lubricant service provider" means a hazardous waste
12
transporter registered with the Agency under Section 50.
13

"Participant producer" means a producer that is registered
14
with the producer responsibility organization.
15

"Producer" means:
16

(1) A producer is a person who manufactures a covered
17

product and who sells, offers for sale, or distributes a
18

covered product into the State under the person's own name
19

or brand.
20

(2) If there is no person in the State who is the
21

producer for purposes of paragraph (1), the producer of
22

the covered product is the owner or exclusive licensee of
23

a brand under which the covered product is sold or
24

distributed into the State.
25

(3) If there is no person in the State who is the
26

producer for purposes of paragraph (1) or (2), the

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producer of the covered product is the person that imports
2

the covered product into the State for sale, distribution,
3

or installation.
4

(4) If there is no person in the State who is the
5

producer for purposes of paragraph (1), (2), or (3), the
6

producer of the covered product is the distributor,
7

retailer, dealer, or wholesaler who sells the product in
8

or into the State.
9

(5) For purposes of this Act, the sale of a covered
10

product shall be deemed to occur in the State if the
11

covered product is delivered to the consumer in the State.
12

"Producer responsibility organization" means an
13
organization that is exempt from taxation under Section
14
501(c)(3) of the federal Internal Revenue Code of 1986 and
15
that is appointed by one or more producers to act as an agent
16
on behalf of the producers to design, submit, administer, and
17
implement a producer responsibility plan and the requirements
18
of this Act.
19

"Producer responsibility plan" means the plan developed by
20
a producer responsibility organization for the collection,
21
transportation, and the safe and proper management of covered
22
products under Sections 55, 60, and 65 and submission to the
23
Agency for approval under Section 55.
24

"Recycling" means a method, technique, or process designed
25
to remove any contaminant from waste so as to render the waste
26
reusable, or any process by which materials that would

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otherwise be disposed of or discarded are collected,
2
separated, or processed and returned to the economic
3
mainstream in the form of raw materials or products.
4

"Sell" or "sales" means a transfer of ownership of a
5
covered product for consideration, including a remote sale
6
conducted through a sales outlet, catalog, website, online
7
marketplace, or similar electronic means. "Sell" or "sales"
8
includes the purchase of a covered product by a consumer from a
9
manufacturer, wholesaler, or retailer.

10

Section 15.
Producer registration.
11

(a) No later than 90 days after the Agency's approval of
12
the producer responsibility organization, each producer shall
13
register with the producer responsibility organization.
14

(b) No later than 30 days after the producer registers
15
with the producer responsibility organization, the producer,
16
or the producer responsibility organization on behalf of the
17
producer, shall notify the Agency electronically that the
18
producer has registered with the producer responsibility
19
organization.
20

(c) A producer shall register with the producer
21
responsibility organization in accordance with the procedures
22
and requirements established by the producer responsibility
23
organization.
24

(d) Upon approval of a producer responsibility plan under
25
Section 55, or January 1, 2032, whichever is sooner, a

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producer shall not sell, offer for sale, import, or distribute
2
a covered product in the State unless all of the following
3
conditions are met:
4

(1) the producer is registered with the producer
5

responsibility organization;
6

(2) the covered product is accounted for in the
7

producer responsibility plan; and
8

(3) the Agency has approved the producer
9

responsibility plan.
10

(e) If an entity did not meet the definition of a producer
11
and was not subject to this Act, but, at any later point, meets
12
the definition of a producer, that entity shall be deemed a
13
producer at that point and shall register with the producer
14
responsibility organization and otherwise comply with the
15
requirements of this Act before beginning to sell, offer for
16
sale, import, or distribute a covered product in the State.

17

Section 20.
Producer information to the Agency.
18

(a) No later than 180 days after the effective date of this
19
Act, a producer shall provide to the Agency, in a form and
20
manner established by the Agency, both of the following:
21

(1) the producer's contact information; and
22

(2) a list of covered products and brands of covered
23

products that the producer sells, distributes for sale,
24

imports for sale, or offers for sale in or into the State.
25

(b) A producer shall provide to the Agency updates to the

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information described in subsection (a) on or before January
2
15 of each year, within 30 days of changes to the contact
3
information or list, and upon the Agency's request.

4

Section 25.
Producer responsibility organization governing
5
board.
The producer responsibility organization shall have a
6
governing board consisting of participant producers that
7
represent the diversity of covered products.

8

Section 30.
Revocation of approval of the producer
9
responsibility plan.
If the Agency determines that the
10
producer responsibility organization no longer meets the
11
requirements of this Act or fails to implement or administer
12
an approved plan in a manner that effectuates the purposes of
13
this Act, the Agency may revoke its approval of the producer
14
responsibility plan under Section 125 and may approve a
15
producer responsibility plan submitted by another producer
16
responsibility organization.

17

Section 35.
Producer responsibility organization
18
notifications to the Agency.
The producer responsibility
19
organization shall notify the Agency within 30 calendar days
20
of any of the following:
21

(1) the end of a 3-month period during which the
22

producer responsibility organization unsuccessfully
23

attempted to obtain a fee, records, or information from a

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participant producer;
2

(2) the date that a producer no longer participates in
3

the producer responsibility organization's approved plan;
4

or
5

(3) any instance of noncompliance with this Act or
6

rules adopted under this Act by a participant producer.

7

Section 40.
Convenient collection and management system.
8
Within 24 months of the Agency's approval of the producer
9
responsibility organization and its approved plan, the
10
producer responsibility organization shall provide a
11
convenient collection and management system for covered
12
products at no cost to residents.

13

Section 45.
Needs assessment.
The producer responsibility
14
organization may conduct a needs assessment to determine
15
appropriate strategies and investments needed to meet the
16
requirements of this Act.

17

Section 50.
Lubricant service provider registration.
A
18
lubricant service provider shall:
19

(1) provide for the transportation and management of
20

covered materials generated in the State under contractual
21

agreements with a producer responsibility organization or
22

arrangements with other entities that are entered into
23

under an approved producer responsibility plan;

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(2) if the lubricant service provider is a unit of
2

local government or a political subdivision, provide at
3

least a one-year advance notice to the producer
4

responsibility organization if the unit of local
5

government or political subdivision plans to cease acting
6

as a lubricant service provider; and
7

(3) within 12 months of the effective date of this
8

Act, and annually thereafter, a lubricant service provider
9

seeking reimbursement for services provided under an
10

approved producer responsibility plan according to
11

Sections 55, 60, and 65 must register with the Agency by
12

submitting the following information:
13

(A) the contact information for a person
14

representing the service provider;
15

(B) the address of the service provider; and
16

(C) if applicable to services provided, a report
17

of the total amount billed for collection,
18

transportation, and processing of covered materials
19

provided during the preceding calendar year and, when
20

possible, values must be separated for collection,
21

transportation, and processing.
22

The Agency shall provide generic summary information
23
collected under this Section to an approved producer
24
responsibility organization.

25

Section 55.
Producer responsibility plans.

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(a) Within 12 months of the effective date of this Act, the
2
producer responsibility organization shall develop and submit
3
a proposed producer responsibility plan to the Agency, in a
4
form and manner determined by the Agency.
5

(b)(1) Within 6 months of receipt of a proposed producer
6
responsibility plan, the Agency shall approve, approve in
7
part, or disapprove the producer responsibility plan.
8

(2) The Agency shall determine a process for approving the
9
producer responsibility plan and any other information
10
submitted in compliance with this Act.
11

(3) Within 6 months of receiving the producer
12
responsibility plan, the Agency shall review and approve,
13
approve in part, or disapprove the producer responsibility
14
plan components related to safe handling, transportation, and
15
management of covered products. If the Agency approves in part
16
or disapproves any producer responsibility plan components,
17
the Agency shall notify the producer responsibility
18
organization of changes necessary for plan approval, and the
19
producer responsibility organization shall follow the process
20
outlined in paragraph (4).
21

(4) The Agency shall approve, approve in part, or
22
disapprove the producer responsibility plan. In making a
23
determination under this subsection, the Agency may solicit
24
information from producers, other agencies or departments, or
25
stakeholders, as it deems appropriate.
26

(c) If the Agency approves a proposed producer

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responsibility plan, a revised producer responsibility plan,
2
or a conditionally approved plan, then the Agency shall notify
3
the producer responsibility organization of the approval. The
4
producer responsibility organization shall implement the
5
approved plan within 90 days of receipt of the notice of
6
approval, or as otherwise agreed to by the Agency.
7

(d) If the Agency disapproves a proposed producer
8
responsibility plan or a revised producer responsibility plan,
9
then the Agency shall notify the producer responsibility
10
organization of the disapproval and specify the reasons for
11
disapproval. Within 30 days of receipt of notice of
12
disapproval, the producer responsibility organization shall
13
submit a revised producer responsibility plan.
14

(e)(1) If the Agency approves a proposed producer
15
responsibility plan or a revised producer responsibility plan
16
in part, then the Agency shall notify the producer
17
responsibility organization of the partial approval and
18
identify the portions of the producer responsibility plan that
19
do not comply with this Act.
20

(2) Within 30 days of receipt of the notice of partial
21
approval, the producer responsibility organization shall
22
submit a revised producer responsibility plan to the Agency.
23

(3) The producer responsibility organization shall
24
implement the approved parts of the producer responsibility
25
plan within 90 days of receipt of the notice of partial
26
approval, or as otherwise agreed to by the Agency.

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(f) Within 30 days of receipt of a revised producer
2
responsibility plan, the Agency shall approve, approve in
3
part, or disapprove the revised producer responsibility plan.
4

(g) If the Agency has not approved, approved in part, or
5
disapproved a producer responsibility plan within one year of
6
receipt of the producer responsibility plan, then the producer
7
responsibility plan shall be deemed conditionally approved and
8
the Agency shall notify the producer responsibility
9
organization of the conditional approval.
10

(h) The Agency may impose additional requirements for any
11
portion of a proposed producer responsibility plan, a revised
12
producer responsibility plan, or a conditionally approved plan
13
that does not comply with this Act and that has not been
14
approved.
15

(i) When reviewing a proposed producer responsibility
16
plan, a revised producer responsibility plan, or a
17
conditionally approved plan, the Agency may solicit
18
information from producers, other agencies or departments, or
19
stakeholders, as the Agency deems appropriate.
20

(j) The Agency may review an approved plan or a
21
conditionally approved plan at any time. If the Agency finds
22
that an approved plan or a conditionally approved plan is
23
deficient, then it may recommend modifications.
24

(k) Any substantial changes to an approved plan shall be
25
submitted to the Agency for approval.
26

(l)(1) An approved plan and a conditionally approved plan

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shall be a public record, except that financial, production,
2
or sales data reported by the producer responsibility
3
organization to the Agency is not a public record and shall not
4
be open to public inspection. The Agency may release financial
5
or sales data in summary form only so the information cannot be
6
attributable to a specific entity.
7

(2) The producer responsibility organization may submit to
8
the Agency a redacted version of the approved plan or
9
conditionally approved plan that removes any proprietary or
10
confidential information.
11

(3) Within 90 days of approval, conditional approval, or
12
revision of a producer responsibility plan, the Agency shall
13
post on its website the producer responsibility plan and a
14
list of all the participant producers covered by the producer
15
responsibility plan.
16

(m) Within 24 months of the effective date of this Act, a
17
producer responsibility organization shall have a producer
18
responsibility plan approved or conditionally approved by the
19
Agency, and each producer shall be subject to an approved plan
20
or conditionally approved plan.

21

Section 60.
Producer responsibility plan requirements.
A
22
producer responsibility plan shall do all of the following:
23

(1) be designed to ensure the safe and convenient
24

collection and management of covered products statewide
25

and to ensure that performance-based standards are met

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that include performance goals that, at a minimum, shall
2

include the following goal areas:
3

(A) statewide covered product collection rate
4

goals; and
5

(B) covered products packaging recycling rate
6

goals;
7

(2) include strategies to ensure elderly consumers,
8

disabled consumers, and other consumers with limited
9

mobility have access to the safe and proper collection and
10

management of covered products, including opportunities to
11

have covered products collected; collection strategies
12

shall include, but are not limited to:
13

(A) a description of how the producer
14

responsibility organization will ensure any covered
15

product with access to collection and recycling
16

services, following plan implementation, will continue
17

to have comparable access through the plan using a
18

methodology for more customized approaches to provide
19

90% of the State's residents access to a permanent
20

drop-off site within 15 miles for free and may include
21

temporary collection sites, in each county of the
22

State;
23

(B) a description of how a county with a
24

population more than 50,000 residents, as reported
25

annually by the State Comptroller, shall be provided
26

up to one additional, permanent drop-off site for

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every 30,000 residents;
2

(C) a description of how collection strategies
3

provide for a reasonable geographic spread of
4

permanent collection sites and an explanation for the
5

geographic spread;
6

(D) a description of how the producer
7

responsibility organization will collaborate, as
8

necessary, to address automotive container collection
9

needs;
10

(E) a description of how the producer
11

responsibility organization will provide a depot
12

search tool on its website including location and
13

operating hours of sites accepting automotive
14

containers; and
15

(F) a description of how the producer
16

responsibility organization will approve lubricant and
17

covered material recyclers to fulfill the requirements
18

of the plan;
19

(3) include the contact information of each
20

participant producer;
21

(4) include a financial section of the plan that
22

demonstrates how the producer responsibility organization
23

will comply with Section 70, including, but not limited
24

to, a 5-year budget that demonstrates how the producer
25

responsibility organization will comply with paragraph (2)
26

of Section 70;

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(5) include a section describing the producer
2

responsibility organization's contingency plan in the
3

event the producer responsibility plan expires or is
4

revoked; the contingency plan shall guarantee that all the
5

contracts, financial data, and any other necessary
6

authority and assets to operate the program shall vest in
7

a trustee approved by the Agency; the trustee shall
8

operate the most recently approved plan, subject to the
9

direction of the Agency, until the time that a new
10

producer responsibility plan is approved; upon expiration
11

or revocation of the producer responsibility plan, the
12

balance of the producer responsibility organization's
13

operating reserves collected shall be transferred to the
14

control of the trustee within 5 calendar days; all
15

documents, digital records, contracts, and files related
16

to the operation of the producer responsibility plan shall
17

be transferred to the control of the trustee within 5
18

calendar days;
19

(6) include a section describing a comprehensive
20

statewide education and outreach program designed to
21

educate consumers and promote participation in the program
22

offered by the producer responsibility organization; the
23

comprehensive statewide education and outreach program
24

shall do all of the following:
25

(A) promote the safe and proper management of a
26

covered product and shall not promote the disposal of

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a covered product in a manner inconsistent with the
2

services offered by the producer responsibility plan;
3

and
4

(B) include information for consumers on how to
5

properly manage a covered product at the time of
6

disposal and how to avoid improper disposal of a
7

covered product; and
8

(7) include a description on how the producer
9

responsibility organization will leverage and use existing
10

and relevant collection programs and infrastructure.

11

Section 65.
Revisions to producer responsibility plan.
12

(a) The producer responsibility organization shall review
13
its approved plan at least every 5 years and determine whether
14
revisions are necessary.
15

(b) If the producer responsibility organization determines
16
that revisions to its approved plan are necessary, the
17
producer responsibility organization shall submit to the
18
Agency a revised producer responsibility plan for review and
19
approval using the procedures set forth in Section 55. The
20
producer responsibility organization shall submit the revised
21
producer responsibility plan to the Agency at least 12 months
22
before the review deadline outlined in subsection (a). The
23
revised producer responsibility plan shall include a cover
24
letter that summarizes the revisions to the producer
25
responsibility plan.

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(c) If the producer responsibility organization determines
2
that no revisions to the producer responsibility plan are
3
necessary, the producer responsibility organization shall send
4
a letter to the Agency 12 months before the review deadline
5
outlined in subsection (a) explaining that the producer
6
responsibility organization has reviewed the producer
7
responsibility plan and determined that no revisions are
8
needed. The Agency may disapprove the producer responsibility
9
organization's determination within 30 days of receipt of the
10
letter if the Agency concludes that the producer
11
responsibility organization cannot implement the objectives of
12
this Act without revising the producer responsibility plan. If
13
the Agency disapproves the producer responsibility
14
organization's determination, the Agency may indicate to the
15
producer responsibility organization which sections of the
16
producer responsibility plan need revision and the producer
17
responsibility organization shall submit to the Agency a
18
revised producer responsibility plan, or producer
19
responsibility plan sections, for review and approval,
20
following the procedures set forth in Section 55. The producer
21
responsibility organization shall submit the revised producer
22
responsibility plan under this subsection within 60 days of
23
receipt of the Agency's disapproval.
24

(d) The Agency may consult with or submit the revised
25
producer responsibility plan to another State agency or
26
department if the Agency determines it is necessary for making

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its determination. The duration of time the Agency takes for
2
this consultation is not included in the time allotted to the
3
Agency for review under this Section.

4

Section 70.
Financial duties of the producer
5
responsibility organization.
The producer responsibility
6
organization shall do all of the following:
7

(1) establish a method for fully funding its producer
8

responsibility plan in a manner that equitably distributes
9

the producer responsibility plan's costs among participant
10

producers in a manner reflecting sales volumes and adjusts
11

those costs to account for the cost to manage the covered
12

products for which each participant producer is
13

responsible;
14

(2) operate on a budget that establishes a funding
15

level sufficient to operate the producer responsibility
16

organization in a prudent and responsible manner; the
17

budget shall demonstrate how the producer responsibility
18

organization's estimated revenues will cover all of the
19

producer responsibility organization's budgeted costs for
20

each cost category; budgeted cost categories shall
21

include, but not be limited to, administrative costs,
22

capital costs, and a reserve;
23

(A) administrative costs under this paragraph (2)
24

shall include the actual and reasonable regulatory
25

costs incurred by the Agency, which includes full

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personnel costs, to implement and enforce this Act
2

upon approval of its producer responsibility plan,
3

except that costs shall include actual and reasonable
4

regulatory development costs and other startup costs
5

incurred before a producer responsibility plan's
6

submittal and approval; and
7

(B) the reserve under this paragraph (2) shall
8

include funds to operate the producer responsibility
9

organization if there are unexpected events, losses of
10

income, or large unbudgeted expenses; the reserve
11

shall also protect the infrastructure that the
12

producer responsibility organization relies on in its
13

producer responsibility plan during any lapse in
14

producer participation during the life of the program;
15

the reserve cost category shall include a reserve
16

level amount description justifying the reserve level
17

amount indicated; the producer responsibility
18

organization shall maintain reserve funds sufficient
19

to operate the producer responsibility plan for not
20

less than 6 months; when a new producer responsibility
21

organization is approved by the Agency, the producer
22

responsibility organization shall establish its
23

reserve and maintain the required reserve fund balance
24

by the end of the second year of producer
25

responsibility plan operation; if the producer
26

responsibility plan expires or is revoked, the reserve

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balance shall be transferred to a successor producer
2

responsibility organization or a trustee under the
3

portion of the producer responsibility plan described
4

in paragraph (5) of Section 60;
5

(3) pay, on a schedule determined by the Agency, the
6

Agency fees to cover the Agency's actual and reasonable
7

regulatory costs, as described in Section 80;
8

(4) establish a process by which the financial
9

activities of the producer responsibility organization
10

that are related to implementation of the producer
11

responsibility plan will be subject to an independent
12

audit consistent with generally accepted accounting
13

principles;
14

(5) provide written certification by an authorized
15

representative of the producer responsibility organization
16

that, at the time of submission to the Agency, all aspects
17

of the producer responsibility plan are in compliance with
18

all applicable state and federal laws and regulations; and
19

(6) have adequate financial responsibility and
20

financial controls in place, including fraud prevention
21

measures, to ensure proper management of funds.

22

Section 75.
Duties of participant producers to pay costs.
23
Each participant producer shall, through the producer
24
responsibility organization, pay all administrative and
25
operational costs associated with establishing and

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implementing the producer responsibility organization's
2
approved plan, including the cost of the collection,
3
transportation, and safe and proper management of covered
4
products.

5

Section 80.
Agency financial duties; Lubricant and Related
6
Product Producer Responsibility Fund.
7

(a) Within 4 months of the effective date of this Act, the
8
Agency shall notify the producer responsibility organization
9
of the estimated costs for the Agency resulting from this Act,
10
including administrative and other costs related to
11
implementing and enforcing this Act. The costs shall not
12
exceed the Agency's actual and reasonable costs to implement
13
and enforce this Act.
14

(b) The Agency shall deposit all moneys received from the
15
producer responsibility organization under this Section into
16
the Lubricant and Related Product Producer Responsibility
17
Fund, which is hereby created in the State treasury.
18

(c) Subject to appropriation, moneys in the Lubricant and
19
Related Product Producer Responsibility Fund shall be expended
20
only as directed by the Agency to implement and enforce this
21
Act.

22

Section 85.
Reimbursement of certain lubricant service
23
providers.
24

(a) If the producer responsibility plan relies on a unit

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of local government or other governmental or nongovernmental
2
entity to collect or manage a covered product or to otherwise
3
comply with Section 40, then the producer responsibility
4
organization shall reimburse the lubricant service provider
5
for the costs associated with the collection and management of
6
the covered product under mutually agreed-upon terms.
7

(b) Reimbursement under this Section shall be based on
8
market costs and the commodity value of covered materials.
9

(c) Reimbursement costs under subsection (a) shall be
10
limited to the proportional actual costs for covered products
11
for collection and management of a covered product by a
12
lubricant service provider. The lubricant service provider
13
must prorate the costs of services to local government
14
entities or private entities that offer collection of covered
15
products under this Act to reflect the reimbursements provided
16
under this subsection.
17

(d) Reimbursement costs under subsection (a) shall include
18
costs for transportation from a household hazardous waste
19
facility or other collection point or depot and costs for the
20
disposal and recycling of a covered product.
21

(e) A lubricant service provider seeking reimbursement for
22
services provided under an approved producer responsibility
23
plan under this Act must submit collection data for covered
24
products to the producer responsibility organization at least
25
quarterly.
26

(f) A lubricant service provider seeking reimbursement for

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services provided under an approved producer responsibility
2
plan under this Act must provide the following information to
3
the producer responsibility organization:
4

(1) a list of the approved lubricant recyclers that
5

received covered products from the lubricant service
6

provider; and
7

(2) a list of the kinds of facilities and markets that
8

generated the covered material that the lubricant service
9

provider collected and delivered to an approved recycler.
10

(g) Upon appropriate notification from the producer
11
responsibility organization, a lubricant service provider must
12
provide nonconfidential information to the producer
13
responsibility organization to audit the volumes of material
14
delivered to recyclers.

15

Section 90.
Records, audits, and reports.
16

(a) The producer responsibility organization shall keep
17
board minutes, books, and records that clearly reflect the
18
activities and transactions of the producer responsibility
19
organization for a period of not less than 5 years.
20

(b) The Agency may audit the producer responsibility
21
organization annually.
22

(c) It is a violation of this Act for the producer
23
responsibility organization, a participant producer, or their
24
agents to fail to produce documents or data that is requested
25
by the Agency or required to be collected or generated to carry

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out operation of the producer responsibility plan in the form
2
and manner determined by the Agency as part of an Agency audit
3
or review of a third-party audit.

4

Section 95.
Reports and records duties.
5

(a) A producer and the producer responsibility
6
organization shall do both of the following:
7

(1) provide the Agency, upon request, with reasonable
8

and timely access, as determined by the Agency, to its
9

facilities and operations, as necessary to determine
10

compliance with this Act; and
11

(2) within 14 days of a request from the Agency,
12

provide the Agency with relevant records, as determined by
13

the Agency, as necessary to determine compliance with this
14

Act.
15

(b) All reports and records provided to the Agency under
16
this Act shall be provided under penalty of perjury.
17

(c) The Agency may impose administrative civil penalties
18
under this Act on a producer or producer responsibility
19
organization that fails to provide the Agency with the access
20
required under this Section.

21

Section 100.
Audits.
22

(a) The producer responsibility organization shall retain
23
an independent certified public accountant, certified in the
24
United States, to annually audit the accounting books of the

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producer responsibility organization. The Agency shall review
2
the independent certified public accountant's audit for
3
compliance with this Act and consistency with the producer
4
responsibility organization's approved plan and the annual
5
report required by Section 105. After the Agency conducts its
6
own review, the Agency shall notify the producer
7
responsibility organization of (i) any conduct or practice
8
that does not comply with this Act or (ii) any inconsistencies
9
identified in the review. The producer responsibility
10
organization may obtain copies of the Agency's review,
11
including proprietary information contained in the Agency's
12
review, upon request. The producer or producer responsibility
13
organization may request that the Agency withhold from
14
disclosure trade secrets to the extent allowed under the
15
Freedom of Information Act.
16

(b) The items submitted to the Agency for its review of the
17
independent audit shall include all of the following:
18

(1) financial statements audited in accordance with
19

generally accepted accounting principles;
20

(2) an audit of the producer responsibility
21

organization's compliance with this Act; and
22

(3) an audit of the producer responsibility
23

organization's adherence to, execution of, and consistency
24

with its approved plan.
25

(c) The producer responsibility organization shall include
26
the independent audit in its annual report submitted to the

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1
Agency under Section 105 commencing within 18 months of the
2
producer responsibility plan's approval by the Agency.

3

Section 105.
Reports.
On or before January 1 of each year,
4
the producer responsibility organization shall submit to the
5
Agency and make publicly available an annual report, in a
6
format prescribed by the Agency, that includes, at minimum,
7
all of the following information for the preceding calendar
8
year, unless otherwise specified:
9

(1) the producer responsibility organization's costs,
10

according to the cost categories established in the
11

producer responsibility plan, and revenues;
12

(2) a summary of any anticipated changes to
13

allocations in cost categories for the next calendar year;
14

(3) any changes to the distribution of costs to the
15

participant producers;
16

(4) updated contact information for participant
17

producers;
18

(5) the quantity of covered products sold in or into
19

the State by participant producers as determined by the
20

best available commercial data;
21

(6) a summary of efforts made as part of the
22

comprehensive statewide education and outreach program as
23

required by paragraph (6) of Section 60, including the
24

producer responsibility organization's evaluation of the
25

effectiveness of the program;

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(7) recommendations for any future proposed
2

substantial changes to the producer responsibility plan;
3

and
4

(8) any other information required by this Act.

5

Section 110.
Report compliance.
6

(a) No later than 120 days after the date the Agency
7
receives an annual report under Section 105, the Agency shall
8
notify the producer responsibility organization if the annual
9
report is compliant or noncompliant.
10

(b) If the Agency determines that the annual report is
11
noncompliant due to failure to meet the requirements of this
12
Act, the Agency may require the resubmittal of the annual
13
report and take enforcement action.
14

(c) The Agency may consult with or submit the annual
15
report to a State agency or department if it determines it is
16
necessary to determine the annual report's compliance or
17
noncompliance. The time the Agency takes for this consultation
18
shall not be included in the time allotted to the Agency for
19
review under subsection (a).

20

Section 115.
Prohibition.
A retailer, dealer, producer, or
21
distributor shall not sell, distribute, offer for sale, or
22
import a covered product in or into the State unless the
23
producer of the covered product is listed as a compliant
24
producer under Section 120 or received a certification letter

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1
described in subsection (e) of Section 120.

2

Section 120.
Compliant producers.
3

(a) Within 12 months of the effective date of this Act, and
4
on or before July 1 of each year thereafter, the Agency shall
5
publish on the Agency's website, a list of the names of
6
producers that are compliant with this Act. The Agency shall
7
list, as appropriate, the reported brands of covered products
8
for each producer.
9

(b) A retailer, producer, or distributor shall monitor the
10
Agency's website to determine if a producer, brand, or covered
11
product is in compliance with this Act.
12

(c) Notwithstanding any other provision of this Act, upon
13
identification of a producer that is not registered with the
14
producer responsibility organization with an approved plan,
15
the Agency shall issue a notice of noncompliance to the
16
producer.
17

(d) If the Agency determines a producer is not in
18
compliance with this Act, the Agency shall remove the producer
19
and its brands of covered products from the compliance list on
20
the Agency's website.
21

(e) The Agency shall provide a certification letter to a
22
producer that is not listed on the Agency's website as a
23
compliant producer, but that has demonstrated compliance with
24
this Act to the Agency. The certification letter shall state
25
that the producer is in compliance with this Act. The Agency

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1
may update the compliance list on its website.

2

Section 125.
Penalties.
3

(a) Violations of this Act or rules adopted under this Act
4
shall be enforceable by the Agency administratively imposing a
5
civil penalty under this Section. Whenever Agency personnel,
6
on the basis of direct observation, determine that any person
7
has violated any provision of this Act, the Agency may issue
8
and serve an administrative citation upon such person within
9
not more than 60 days after the date of the observed violation.
10
Each administrative citation issued shall be served upon the
11
person named therein or such person's authorized agent for
12
service of process and shall include the following
13
information:
14

(1) a statement specifying the provisions of the Act
15

or rules adopted under the Act that the person was
16

observed to violate;
17

(2) a copy of the report in which the Agency recorded
18

the violation, which report shall include the date and
19

time of the finding of the violation, and relevant
20

conditions prevailing during the inspection;
21

(3) the penalty imposed for the violation;
22

(4) instructions for contesting the administrative
23

citation findings, including notification that the person
24

has 35 days within which to file a petition for review
25

before the administrative law judge to contest the

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1

administrative citation; and
2

(5) an affidavit by the personnel observing the
3

violation, attesting to their material actions and
4

observations.
5

The Agency shall file a copy of each administrative
6
citation served under this subsection of this Section with an
7
administrative law judge of the Agency no later than 10 days
8
after the date of service. If the person named in the
9
administrative citation fails to petition the administrative
10
law judge for review within 35 days from the date of service,
11
the administrative law judge shall adopt a final order, which
12
shall include the administrative citation and findings of
13
violation as alleged in the citation, and shall impose the
14
penalty specified. If a petition for review is filed before
15
the administrative law judge to contest an administrative
16
citation issued under this Section, the Agency shall appear as
17
a complainant at a hearing before the administrative law judge
18
at a time not less than 21 days after notice of such hearing
19
has been sent to the Agency and the person named in the
20
citation. In such hearings, the burden of proof shall be on the
21
Agency. If, based on the record, the administrative law judge
22
finds that the alleged violation occurred, the administrative
23
law judge shall adopt a final order that shall include the
24
administrative citation and findings of violation as alleged
25
in the citation and shall impose the penalty specified.
26
However, if the administrative law judge finds that the person

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1
appealing the citation has shown that the violation resulted
2
from uncontrollable circumstances, the administrative law
3
judge shall adopt a final order that makes no finding of
4
violation and that imposes no penalty. The Illinois
5
Administrative Procedure Act shall apply to any administrative
6
citation issued under this Section, except as provided under
7
this Section. All final orders issued and entered by the
8
administrative law judge under this Section shall be
9
enforceable by injunction, mandamus, or other appropriate
10
remedy.
11

(b) The Agency may administratively impose on any person
12
who is in violation of this Act a civil penalty of up to the
13
following amounts:
14

(1) $10,000 per day; or
15

(2) $50,000 per day if the violation is intentional or
16

knowing.
17

(c) In assessing or reviewing the amount of a civil
18
penalty imposed under subsection (b) for a violation of this
19
Act, all of the following shall be considered:
20

(1) the nature and extent of the violation;
21

(2) the number and severity of the violations;
22

(3) the economic effect of the penalty on the
23

violator;
24

(4) whether the violator took good faith measures to
25

comply with this Act and the period of time during which
26

these noncompliant actions were taken;

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(5) the willfulness of the violator's misconduct;
2

(6) the deterrent effect that the imposition of the
3

penalty would have on both the violator and the regulated
4

community; and
5

(7) any other factor that justice may require.
6

(d) Upon a written finding by an administrative law judge
7
under this Section that a producer responsibility
8
organization, producer, or any other party regulated under
9
this Act has not met a material requirement of this Act, in
10
addition to any other penalties authorized under this Act, the
11
Agency may take one or both of the following actions to ensure
12
compliance with the requirements of this Act, after affording
13
the producer responsibility organization, producer, or any
14
other party regulated under this Act, an opportunity to
15
respond to or rebut the finding:
16

(1) revoke the producer responsibility organization's
17

approved plan or require the producer responsibility
18

organization to resubmit the producer responsibility plan
19

or producer responsibility plan section; or
20

(2) require additional reporting relating to
21

compliance with the material requirements of this Act that
22

were not met.
23

(e) The Agency shall deposit all penalties collected under
24
this Section into the Lubricant Recycling Penalty Account,
25
which is hereby created in the Lubricant and Related Product
26
Producer Responsibility Fund. Subject to appropriation, moneys

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in the Lubricant Recycling Penalty Account shall be available
2
for expenditure by the Agency for activities related to the
3
collection, reuse, and recycling of covered products, grants
4
for related purposes, and the administration and enforcement
5
of this Act.
6

(f) The Illinois Administrative Procedure Act applies to
7
hearings conducted under this Act, except as provided under
8
this Section, and mandates minimum due process requirements.

9

Section 130.
Judicial review; enforcement of judgment.
All
10
final administrative decisions of the Agency under this Act
11
are subject to judicial review under the Administrative Review
12
Law and its rules. The term "administrative decision" is
13
defined as in Section 3-101 of the Code of Civil Procedure.
14
After the time for judicial review under the Administrative
15
Review Law, the Agency may apply to the court in the county
16
where the penalties, restitution, or other remedy was imposed
17
by the Agency, for a judgment to collect any unpaid civil
18
penalties or restitution or to enforce any other remedy
19
provided by this Act. The application, which shall include a
20
certified copy of the final agency order or decision, shall
21
constitute a sufficient showing to warrant the issuance of the
22
judgment, and the circuit clerk shall enter the judgment
23
immediately in conformity with the application. The judgment
24
so entered shall have the same force and effect as, and shall
25
be subject to all laws relating to, a judgment in a civil

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1
action and may be enforced in the same manner as any other
2
judgment of the court. The court shall make enforcement of the
3
judgment a priority.

4

Section 135.
Immunities and exceptions.
5

(a) A manufacturer or representative organization
6
participating in a program authorized under this Act shall not
7
be liable for any claim of a violation of antitrust, restraint
8
of trade, unfair trade practice, or other anticompetitive
9
conduct arising from conduct undertaken in accordance with
10
this Act or a program authorized under this Act.
11

(b) Subsection (a) applies to all of the following actions
12
taken by a producer responsibility organization:
13

(1) the creation, implementation, or management of a
14

producer responsibility plan approved or conditionally
15

approved by the Agency under Sections 55, 60, and 65 and
16

the determination of the types or quantities of covered
17

products recycled or otherwise managed under the producer
18

responsibility plan;
19

(2) the determination of the cost and structure of an
20

approved plan; and
21

(3) the establishment, administration, collection, or
22

disbursement of a charge associated with funding the
23

implementation of this Act.
24

(c) Subsection (a) does not apply to an agreement that
25
does any of the following:

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1

(1) fixes a price of or for covered products;
2

(2) fixes the output or production of covered
3

products; or
4

(3) restricts the geographic area where, or customers
5

to whom, covered products will be sold.

6

Section 140.
Rulemaking.
The Agency may adopt any rules
7
necessary to implement and administer this Act.

8

Section 900.
The State Finance Act is amended by adding
9
Section 5.1038 as follows:

10

(30 ILCS 105/5.1038 new)
11

Sec. 5.1038.
The Lubricant and Related Product Producer
12
Responsibility Fund.

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