HB 1780

Abstract

Creates the Drug Take-Back Act. Requires covered manufacturers to, no later than July 1, 2022 or 6 months after becoming a covered manufacturer, whichever is later, participate in an approved drug take-back program or have established and implemented a drug take-back program independently or as part of a group of covered manufacturers. Provides requirements for the drug take-back program and for manufacturer program operators. Requires each manufacturer program operator to submit a proposal for the establishment and implementation of a drug take-back program to the Environmental Protection Agency for review and approval. Contains provisions regarding changes or modifications to drug take-back programs, promotion of drug take-back programs, annual reports, funding, and reimbursement. Requires covered manufacturers and manufacturer program operators to submit an annual $5,000 registration fee. Specifies civil penalties for violation of the Act. Preempts home rule powers. Contains other provisions. Amends the Freedom of Information Act. Provides that proprietary information submitted to the Environmental Protection Agency under the Drug Take-Back Act is exempt from inspection and copying under the Act. Effective immediately. House Committee Amendment No. 1 Adds reference to: 415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15 415 ILCS 5/22.55 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that each covered manufacturer must, beginning January 1, 2024 (rather than no later than July 1, 2022) or 6 months after becoming a covered manufacturer, individually or collectively implement (rather than participate in) an approved drug take-back program. Requires a drug take-back program to provide for the collection, transportation, and disposal of covered drugs. Provides that specified requirements shall be undertaken by a drug take-back program or a covered manufacturer (rather than a manufacturer program operator). Requires the Environmental Protection Agency to review all proposals in conjunction with one another to ensure the proposals are coordinated to achieve authorized collection site coverage. Requires the Agency to either approve, reject, or approve with modification a proposal within 90 days after receiving it. Requires drug take-back program promotion to be implemented by all drug take-back programs collectively. Provides that a manufacturer program operator shall (rather than may) allocate administration and operation costs of programs to participating covered manufacturers. Requires each covered manufacturer and manufacturer program operator to register with the Agency and submit the registration fee by January 1, 2023 (rather than April 1, 2022), and by January 1 (rather than April 1) of each year thereafter. Removes language requiring penalties collected under the Act to be used in accordance with the Act's provisions. Removes language allowing the Agency to impose a civil penalty for a violation of the Act of $7,000 per violation per day. Makes other changes. Amends the Environmental Protection Act. Provides that moneys in the Solid Waste Management Fund shall be used for the administration of the Drug Take-Back Act. Removes provisions requiring the Agency to (1) develop and implement a public information program regarding household waste drop-off points that accept pharmaceutical products, as well as mail-back programs; (2) develop a sign that provides information on the proper disposal of unused pharmaceutical products; and (3) establish, by rule, a statewide medication take-back program by June 1, 2016 to ensure that there are pharmaceutical product disposal options regularly available for residents across the State. Makes other changes. Effective immediately. House Floor Amendment No. 2 Provides that "covered drug" means, among other things, a drug. Makes a typographical change. Senate Committee Amendment No. 1 In provisions of the Drug Take-Back Act, makes the following changes. Provides that "covered drug" does not include drugs sold at retail as a unit dose package or homeopathic drugs. Makes changes to the definition of "proprietary information". Provides that program promotion requirements do not apply to any drug take-back program established prior to the Act's effective date that provides promotional or educational materials to the public about the proper collection and management of covered drugs. Provides that each covered manufacturer and covered manufacturer program operator shall submit a registration fee of $2,500 (rather than $5,000). Senate Committee Amendment No. 2 Removes language providing that the definition of "covered manufacturer" does not include a pharmacy. Provides that private label distributors and repackagers are not covered manufacturers. Senate Floor Amendment No. 3 Requires the Environmental Protection Agency to provide a 30-day public comment period on drug take-back program proposals and revised proposals during specified 90-day periods. Provides that the reason for the Agency's rejection of a drug take-back program proposal must be provided in the written notification to the manufacturer program operator.