Rep. Nick Sauer

Filed: 5/24/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3550

2    AMENDMENT NO. ______. Amend Senate Bill 3550 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Consumer Electronics Recycling Act is
5amended by changing Sections 1-10 and 1-25 as follows:
 
6    (415 ILCS 151/1-10)
7    (Section scheduled to be repealed on December 31, 2026)
8    Sec. 1-10. Manufacturer e-waste program.
9    (a) For program year 2019 and each program year thereafter,
10each manufacturer shall, individually or as part of a
11manufacturer clearinghouse, provide a manufacturer e-waste
12program to transport and subsequently recycle, in accordance
13with the requirements of this Act, residential CEDs collected
14at, and prepared for transport from, the program collection
15sites and one-day collection events included in the program
16during the program year.

 

 

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1    (b) Each manufacturer e-waste program must include, at a
2minimum, the following:
3        (1) satisfaction of the convenience standard described
4    in Section 1-15 of this Act;
5        (2) instructions for designated county recycling
6    coordinators and municipal joint action agencies to
7    annually file notice to participate in the program;
8        (3) transportation and subsequent recycling of the
9    residential CEDs collected at, and prepared for transport
10    from, the program collection sites and one-day collection
11    events included in the program during the program year; and
12        (4) submission of a report to the Agency, by March 1,
13    2020, and each March 1 thereafter, which includes:
14            (A) the total weight of all residential CEDs
15        transported from program collection sites and one-day
16        collection events throughout the State during the
17        preceding program year by CED category;
18            (B) the total weight of residential CEDs
19        transported from all program collection sites and
20        one-day collection events in each county in the State
21        during the preceding program year by CED category; and
22            (C) the total weight of residential CEDs
23        transported from all program collection sites and
24        one-day collection events in each county in the State
25        during that preceding program year and that was
26        recycled.

 

 

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1    (c) Each manufacturer e-waste program shall make the
2instructions required under paragraph (2) of subsection (b)
3available on its website by December 1, 2017, and the program
4shall provide to the Agency a hyperlink to the website for
5posting on the Agency's website.
6    (d) Nothing in this Act shall prevent a manufacturer from
7accepting, through a manufacturer e-waste program, residential
8CEDs collected through a curbside or drop-off collection
9program that is operated pursuant to a residential franchise
10collection an agreement authorized by Section 11-19-1 of the
11Illinois Municipal Code or Section 5-1048 of the Counties Code
12between a third party and a unit of local government located
13within a county or municipal joint action agency that has
14elected to participate in a manufacturer e-waste program.
15    (e) A collection program operated in accordance with this
16Section shall:
17        (1) meet the collector responsibilities under
18    subsections (a), (a-5), (d), (e), and (g) under Section
19    1-45 and require certification on the bill of lading or
20    similar manifest from the unit of local government, the
21    third party, and the county or municipal joint action
22    agency that elected to participate in the manufacturer
23    e-waste program that the CEDs were collected, to the best
24    of their knowledge, from residential consumers in the State
25    of Illinois;
26        (2) comply with the audit provisions under subsection

 

 

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1    (g) of Section 1-30;
2        (3) locate any drop-off location where CEDs are
3    collected on property owned by a unit of local government;
4    and
5        (4) have signage at any drop-off location indicating
6    only residential CEDs are accepted for recycling.
7    Manufacturers of CEDs are not financially responsible for
8transporting and consolidating CEDs collected from a
9collection program's drop-off location. Any drop-off location
10used in 2019 must have been identified by the county or
11municipal joint action agency in the written notice of election
12to participate in the manufacturer e-waste program in
13accordance with Section 1-20 by March 1, 2018. Any drop-off
14location operating in 2020 or in subsequent years must be
15identified by the county or municipal joint action agency in
16the annual written notice of election to participate in a
17manufacturer e-waste program in accordance with Section 1-20 to
18be eligible for the subsequent program year.
19(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 
20    (415 ILCS 151/1-25)
21    (Section scheduled to be repealed on December 31, 2026)
22    Sec. 1-25. Manufacturer e-waste program plans.
23    (a) By September July 1, 2018 for program year 2019, and by
24July 1 of each year thereafter for the upcoming program year,
25beginning with program year 2019, each manufacturer shall,

 

 

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1individually or as a manufacturer clearinghouse, submit to the
2Agency a manufacturer e-waste program plan, which includes, at
3a minimum, the following:
4        (1) the contact information for the individual who will
5    serve as the point of contact for the manufacturer e-waste
6    program;
7        (2) the identity of each county that has elected to
8    participate in the manufacturer e-waste program during the
9    program year;
10        (3) for each county, the location of each program
11    collection site and one-day collection event included in
12    the manufacturer e-waste program for the program year;
13        (4) the collector operating each program collection
14    site and one-day collection event included in the
15    manufacturer e-waste program for the program year;
16        (5) the recyclers that manufacturers plan to use during
17    the program year to transport and subsequently recycle
18    residential CEDs under the program, with the updated list
19    of recyclers to be provided to the Agency no later than
20    December 1 preceding each program year; and
21        (6) an explanation of any deviation by the program from
22    the standard program collection site distribution set
23    forth in subsection (a) of Section 1-15 of this Act for the
24    program year, along with copies of all written agreements
25    made pursuant to paragraphs (1) or (2) of subsection (b) of
26    Section 1-15 for the program year.

 

 

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1    (b) Within 60 days after receiving a manufacturer e-waste
2program plan, the Agency shall review the plan and approve the
3plan or disapprove the plan.
4        (1) If the Agency determines that the program
5    collection sites and one-day collection events specified
6    in the plan will satisfy the convenience standard set forth
7    in Section 1-15 of this Act, then the Agency shall approve
8    the manufacturer e-waste program plan and provide written
9    notification of the approval to the individual who serves
10    as the point of contact for the manufacturer. The Agency
11    shall make the approved plan available on the Agency's
12    website.
13        (2) If the Agency determines the plan will not satisfy
14    the convenience standard set forth in Section 1-15 of this
15    Act, then the Agency shall disapprove the manufacturer
16    e-waste program plan and provide written notification of
17    the disapproval and the reasons for the disapproval to the
18    individual who serves as the point of contact for the
19    manufacturer. Within 30 days after the date of disapproval,
20    the manufacturer shall submit a revised manufacturer
21    e-waste program plan that addresses the deficiencies noted
22    in the Agency's disapproval.
23    (c) Manufacturers shall assume financial responsibility
24for carrying out their e-waste program plans, including, but
25not limited to, financial responsibility for providing the
26packaging materials necessary to prepare shipments of

 

 

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1collected residential CEDs in compliance with subsection (e) of
2Section 1-45, as well as financial responsibility for bulk
3transportation and recycling of collected residential CEDs.
4(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)".