Illinois General Assembly - Full Text of HB3248
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Full Text of HB3248  100th General Assembly

HB3248enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB3248 EnrolledLRB100 10326 MJP 20515 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Electronics Recycling Act is
5amended by changing Sections 1-5, 1-10, 1-25, and 1-30 and by
6adding Sections 1-3, 1-33, 1-84.5, and 1-87 as follows:
 
7    (415 ILCS 151/1-3 new)
8    Sec. 1-3. Findings; purpose.
9    (a) The General Assembly finds all of the following:
10        (1) Many older and obsolete consumer electronic
11    products contain materials which may pose environmental
12    and health risks that should be managed.
13        (2) Consumer electronic products contain metals,
14    plastics, glass, and other potentially valuable materials.
15    The reuse and recycling of these materials can conserve
16    natural resources and energy.
17        (3) The recycling and reuse of the covered electronic
18    devices defined under this Act falls within the State of
19    Illinois' interest in the proper management of such
20    products.
21        (4) Illinois counties and municipalities may face
22    significant cost burdens in collecting and processing
23    obsolete electronic products for reuse and recycling.

 

 

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1        (5) Manufacturers of electronic products should share
2    responsibility for the proper management of obsolete
3    consumer electronic products.
4        (6) Illinois counties and municipalities, and the
5    citizens of Illinois, will benefit from the implementation
6    of a program or programs for the proper management of
7    obsolete consumer electronic products operated by
8    manufacturers that are actively overseen by the State.
9        (7) It is the intent of the State to allow
10    manufacturers to coordinate their activities and programs
11    related to the proper management of obsolete covered
12    electronic devices as defined under this Act under strict
13    State supervision regardless of the effect the
14    manufacturers' actions or such coordination will have on
15    competition.
16        (8) It is in the best interest of the State to promote
17    the coordination of manufacturer activities and programs
18    related to the proper management of obsolete covered
19    electronic devices through participation in a manufacturer
20    clearinghouse as set forth in the Act.
21    (b) The purpose of this Act is to further the interest of
22the State of Illinois in the proper management of obsolete
23consumer electronic products by setting forth procedures by
24which the recycling and processing for reuse of covered
25electronic devices will be accomplished by manufacturers for
26those counties and municipalities that wish to opt-in to

 

 

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1electronic product manufacturer-run recycling and processing
2programs that are approved and overseen by the State of
3Illinois.
 
4    (415 ILCS 151/1-5)
5    (Section scheduled to be repealed on December 31, 2026)
6    Sec. 1-5. Definitions. As used in this Act:
7    "Agency" means the Illinois Environmental Protection
8Agency.
9    "Best practices" means standards for collecting and
10preparing items for shipment and recycling. "Best practices"
11may include standards for packaging for transport, load size,
12acceptable load contamination levels, non-CED items included
13in a load, and other standards as determined under Section 1-85
14of this Act. "Best practices" shall consider the desired intent
15to preserve existing collection programs and relationships
16when possible.
17    "Collector" means a person who collects residential CEDs at
18any program collection site or one-day collection event and
19prepares them for transport.
20    "Computer", often referred to as a "personal computer" or
21"PC", means a desktop or notebook computer as further defined
22below and used only in a residence, but does not mean an
23automated typewriter, electronic printer, mobile telephone,
24portable hand-held calculator, portable digital assistant
25(PDA), MP3 player, or other similar device. "Computer" does not

 

 

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1include computer peripherals, commonly known as cables, mouse,
2or keyboard. "Computer" is further defined as either:
3        (1) "Desktop computer", which means an electronic,
4    magnetic, optical, electrochemical, or other high-speed
5    data processing device performing logical, arithmetic, or
6    storage functions for general purpose needs that are met
7    through interaction with a number of software programs
8    contained therein, and that is not designed to exclusively
9    perform a specific type of logical, arithmetic, or storage
10    function or other limited or specialized application.
11    Human interface with a desktop computer is achieved through
12    a stand-alone keyboard, stand-alone monitor, or other
13    display unit, and a stand-alone mouse or other pointing
14    device, and is designed for a single user. A desktop
15    computer has a main unit that is intended to be
16    persistently located in a single location, often on a desk
17    or on the floor. A desktop computer is not designed for
18    portability and generally utilizes an external monitor,
19    keyboard, and mouse with an external or internal power
20    supply for a power source. Desktop computer does not
21    include an automated typewriter or typesetter; or
22        (2) "Notebook computer", which means an electronic,
23    magnetic, optical, electrochemical, or other high-speed
24    data processing device performing logical, arithmetic, or
25    storage functions for general purpose needs that are met
26    through interaction with a number of software programs

 

 

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1    contained therein, and that is not designed to exclusively
2    perform a specific type of logical, arithmetic, or storage
3    function or other limited or specialized application.
4    Human interface with a notebook computer is achieved
5    through a keyboard, video display greater than 4 inches in
6    size, and mouse or other pointing device, all of which are
7    contained within the construction of the unit that
8    comprises the notebook computer; supplemental stand-alone
9    interface devices typically can also be attached to the
10    notebook computer. Notebook computers can use external,
11    internal, or batteries for a power source. Notebook
12    computer does not include a portable hand-held calculator,
13    or a portable digital assistant or similar specialized
14    device. A notebook computer has an incorporated video
15    display greater than 4 inches in size and can be carried as
16    one unit by an individual. A notebook computer is sometimes
17    referred to as a laptop computer.
18        (3) "Tablet computer", which means an electronic,
19    magnetic, optical, electrochemical, or other high-speed
20    data processing device performing logical, arithmetic, or
21    storage functions for general purpose needs that are met
22    through interaction with a number of software programs
23    contained therein, and that is not designed to exclusively
24    perform a specific type of logical, arithmetic, or storage
25    function or other limited or specialized application.
26    Human interface with a tablet computer is achieved through

 

 

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1    a touch screen and video display screen greater than 6
2    inches in size (all of which are contained within the unit
3    that comprises the tablet computer). Tablet computers may
4    use an external or internal power source. "Tablet computer"
5    does not include a portable hand-held calculator, a
6    portable digital assistant, or a similar specialized
7    device.
8    "Computer monitor" means an electronic device that is a
9cathode-ray tube or flat panel display primarily intended to
10display information from a computer and is used only in a
11residence.
12    "County recycling coordinator" means the individual who is
13designated as the recycling coordinator for a county in a waste
14management plan developed pursuant to the Solid Waste Planning
15and Recycling Act.
16    "Covered electronic device" or "CED" means any computer,
17computer monitor, television, printer, electronic keyboard,
18facsimile machine, videocassette recorder, portable digital
19music player that has memory capability and is battery powered,
20digital video disc player, video game console, electronic
21mouse, scanner, digital converter box, cable receiver,
22satellite receiver, digital video disc recorder, or
23small-scale server sold at retail. "Covered electronic device"
24does not include any of the following:
25        (1) an electronic device that is a part of a motor
26    vehicle or any component part of a motor vehicle assembled

 

 

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1    by or for a vehicle manufacturer or franchised dealer,
2    including replacement parts for use in a motor vehicle;
3        (2) an electronic device that is functionally or
4    physically part of a larger piece of equipment or that is
5    taken out of service from an industrial, commercial
6    (including retail), library checkout, traffic control,
7    kiosk, security (other than household security),
8    governmental, agricultural, or medical setting, including
9    but not limited to diagnostic, monitoring, or control
10    equipment; or
11        (3) an electronic device that is contained within a
12    clothes washer, clothes dryer, refrigerator, refrigerator
13    and freezer, microwave oven, conventional oven or range,
14    dishwasher, room air conditioner, dehumidifier, water
15    pump, sump pump, or air purifier. To the extent allowed
16    under federal and State laws and regulations, a CED that is
17    being collected, recycled, or processed for reuse is not
18    considered to be hazardous waste, household waste, solid
19    waste, or special waste.
20    "Covered electronic device category" or "CED category"
21means each of the following 8 categories of residential CEDs:
22        (1) computers and small-scale servers;
23        (2) computer monitors;
24        (3) televisions;
25        (4) printers, facsimile machines, and scanners;
26        (5) digital video disc players, digital video disc

 

 

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1    recorders, and videocassette recorders;
2        (6) video game consoles;
3        (7) digital converter boxes, cable receivers, and
4    satellite receivers; and
5        (8) electronic keyboards, electronic mice, and
6    portable digital music players that have memory capability
7    and are battery powered.
8    "Manufacturer" means a person, or a successor in interest
9to a person, under whose brand or label a CED is or was sold at
10retail. For any CED sold at retail under a brand or label that
11is licensed from a person who is a mere brand owner and who
12does not sell or produce a CED, the person who produced the CED
13or his or her successor in interest is the manufacturer. For
14any CED sold at retail under the brand or label of both the
15retail seller and the person that produced the CED, the person
16that produced the CED, or his or her successor in interest, is
17the manufacturer.
18    "Manufacturer clearinghouse" means an entity that prepares
19and submits a manufacturer e-waste program plan to the Agency,
20and oversees the manufacturer e-waste program, on behalf of a
21group of 2 or more manufacturers cooperating with one another
22to collectively establish and operate an e-waste program for
23the purpose of complying with this Act and that collectively
24represent , representing at least 50% of the manufacturers'
25total obligations under this Act for a program year, that are
26cooperating with one another to collectively establish and

 

 

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1operate an e-waste program for the purpose of complying with
2this Act.
3    "Manufacturer e-waste program" means any program
4established, financed, and operated by a manufacturer,
5individually or collectively as part of a manufacturer
6clearinghouse, to transport and subsequently recycle, in
7accordance with the requirements of this Act, residential CEDs
8collected at program collection sites and one-day collection
9events.
10    "Municipal joint action agency" means a municipal joint
11action agency created under Section 3.2 of the
12Intergovernmental Cooperation Act.
13    "One-day collection event" means a one-day event used as a
14substitute for a program collection site pursuant to Section
151-15 of this Act.
16    "Person" means an individual, partnership, co-partnership,
17firm, company, limited liability company, corporation,
18association, joint stock company, trust, estate, political
19subdivision, State agency, or any other legal entity; or a
20legal representative, agent, or assign of that entity. "Person"
21includes a unit of local government.
22    "Printer" means desktop printers, multifunction printer
23copiers, and printer/fax combinations taken out of service from
24a residence that are designed to reside on a work surface, and
25include various print technologies, including without
26limitation laser and LED (electrographic), ink jet, dot matrix,

 

 

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1thermal, and digital sublimation, and "multi-function" or
2"all-in-one" devices that perform different tasks, including
3without limitation copying, scanning, faxing, and printing.
4Printers do not include floor-standing printers, printers with
5optional floor stand, point of sale (POS) receipt printers,
6household printers such as a calculator with printing
7capabilities or label makers, or non-stand-alone printers that
8are embedded into products that are not CEDs.
9    "Program collection site" means a physical location that is
10included in a manufacturer e-waste program and at which
11residential CEDs are collected and prepared for transport by a
12collector during a program year in accordance with the
13requirements of this Act. Except as otherwise provided in this
14Act, "program collection site" does not include a retail
15collection site.
16    "Program year" means a calendar year. The first program
17year is 2019.
18    "Recycler" means any person who transports or subsequently
19recycles residential CEDs that have been collected and prepared
20for transport by a collector at any program collection site or
21one-day collection event.
22    "Recycling" has the meaning provided under Section 3.380 of
23the Environmental Protection Act. "Recycling" includes any
24process by which residential CEDs that would otherwise be
25disposed of or discarded are collected, separated, or processed
26and returned to the economic mainstream in the form of raw

 

 

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1materials or products.
2    "Residence" means a dwelling place or home in which one or
3more individuals live.
4    "Residential covered electronic device" or "residential
5CED" means any covered electronic device taken out of service
6from a residence in the State.
7    "Retail collection site" means a private sector collection
8site operated by a retailer collecting on behalf of a
9manufacturer.
10    "Retailer" means a person who first sells, through a sales
11outlet, catalogue, or the Internet, a covered electronic device
12at retail to an individual for residential use or any permanent
13establishment primarily where merchandise is displayed, held,
14stored, or offered for sale to the public.
15    "Sale" means any retail transfer of title for consideration
16of title including, but not limited to, transactions conducted
17through sales outlets, catalogs, or the Internet or any other
18similar electronic means. "Sale" does not include financing or
19leasing.
20    "Small-scale server" means a computer that typically uses
21desktop components in a desktop form designed primarily to
22serve as a storage host for other computers. To be considered a
23small-scale server, a computer must: be designed in a pedestal,
24tower, or other form that is similar to that of a desktop
25computer so that all data processing, storage, and network
26interfacing is contained within one box or product; be designed

 

 

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1to be operational 24 hours per day and 7 days per week; have
2very little unscheduled downtime, such as on the order of hours
3per year; be capable of operating in a simultaneous multi-user
4environment serving several users through networked client
5units; and be designed for an industry-accepted operating
6system for home or low-end server applications.
7    "Television" means an electronic device that contains a
8cathode-ray tube or flat panel screen the size of which is
9greater than 4 inches when measured diagonally and is intended
10to receive video programming via broadcast, cable, satellite,
11Internet, or other mode of video transmission or to receive
12video from surveillance or other similar cameras.
13(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 
14    (415 ILCS 151/1-10)
15    (Section scheduled to be repealed on December 31, 2026)
16    Sec. 1-10. Manufacturer e-waste program.
17    (a) For program year 2019 and each program year thereafter,
18each manufacturer shall, individually or collectively as part
19of a manufacturer clearinghouse, provide a manufacturer
20e-waste program to transport and subsequently recycle, in
21accordance with the requirements of this Act, residential CEDs
22collected at, and prepared for transport from, the program
23collection sites and one-day collection events included in the
24program during the program year.
25    (b) Each manufacturer e-waste program must include, at a

 

 

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

 

 

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1instructions required under paragraph (2) of subsection (b)
2available on its website by December 1, 2017, and the program
3shall provide to the Agency a hyperlink to the website for
4posting on the Agency's website.
5    (d) Nothing in this Act shall prevent a manufacturer from
6accepting, through a manufacturer e-waste program, residential
7CEDs collected through a curbside collection program that is
8operated pursuant to an agreement between a third party and a
9unit of local government located within a county or municipal
10joint action agency that has elected to participate in a
11manufacturer e-waste program.
12(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 
13    (415 ILCS 151/1-25)
14    (Section scheduled to be repealed on December 31, 2026)
15    Sec. 1-25. Manufacturer e-waste program plans.
16    (a) By July 1, 2018, and by July 1 of each year thereafter
17for the upcoming program year, beginning with program year
182019, each manufacturer shall, individually or through as a
19manufacturer clearinghouse, submit to the Agency a
20manufacturer e-waste program plan, which includes, at a
21minimum, the following:
22        (1) the contact information for the individual who will
23    serve as the point of contact for the manufacturer e-waste
24    program;
25        (2) the identity of each county that has elected to

 

 

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1    participate in the manufacturer e-waste program during the
2    program year;
3        (3) for each county, the location of each program
4    collection site and one-day collection event included in
5    the manufacturer e-waste program for the program year;
6        (4) the collector operating each program collection
7    site and one-day collection event included in the
8    manufacturer e-waste program for the program year;
9        (5) the recyclers that manufacturers plan to use during
10    the program year to transport and subsequently recycle
11    residential CEDs under the program, with the updated list
12    of recyclers to be provided to the Agency no later than
13    December 1 preceding each program year; and
14        (6) an explanation of any deviation by the program from
15    the standard program collection site distribution set
16    forth in subsection (a) of Section 1-15 of this Act for the
17    program year, along with copies of all written agreements
18    made pursuant to paragraphs (1) or (2) of subsection (b) of
19    Section 1-15 for the program year; and
20        (7) if a group of 2 or more manufacturers are
21    participating in a manufacturer clearinghouse,
22    certification that the methodology used for allocating
23    responsibility for the transportation and recycling of
24    residential CEDs by manufacturers participating in the
25    manufacturer clearinghouse for the program year will be in
26    compliance with the allocation methodology established

 

 

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1    under Section 1-84.5 of this Act.
2    (b) Within 60 days after receiving a manufacturer e-waste
3program plan, the Agency shall review the plan and approve the
4plan or disapprove the plan.
5        (1) If the Agency determines that the program
6    collection sites and one-day collection events specified
7    in the plan will satisfy the convenience standard set forth
8    in Section 1-15 of this Act, then the Agency shall approve
9    the manufacturer e-waste program plan and provide written
10    notification of the approval to the individual who serves
11    as the point of contact for the manufacturer. The Agency
12    shall make the approved plan available on the Agency's
13    website.
14        (2) If the Agency determines the plan will not satisfy
15    the convenience standard set forth in Section 1-15 of this
16    Act, then the Agency shall disapprove the manufacturer
17    e-waste program plan and provide written notification of
18    the disapproval and the reasons for the disapproval to the
19    individual who serves as the point of contact for the
20    manufacturer. Within 30 days after the date of disapproval,
21    the manufacturer shall submit a revised manufacturer
22    e-waste program plan that addresses the deficiencies noted
23    in the Agency's disapproval.
24    (c) Manufacturers shall assume financial responsibility
25for carrying out their e-waste program plans, including, but
26not limited to, financial responsibility for providing the

 

 

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1packaging materials necessary to prepare shipments of
2collected residential CEDs in compliance with subsection (e) of
3Section 1-45, as well as financial responsibility for bulk
4transportation and recycling of collected residential CEDs.
5(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 
6    (415 ILCS 151/1-30)
7    (Section scheduled to be repealed on December 31, 2026)
8    Sec. 1-30. Manufacturer registration.
9    (a) By April 1, 2018, and by April 1 of each year
10thereafter for the upcoming program year, beginning with
11program year 2019, each manufacturer who sells CEDs in the
12State must register with the Agency by: (i) submitting to the
13Agency a $5,000 registration fee; and (ii) completing and
14submitting to the Agency the registration form prescribed by
15the Agency. Information on the registration form shall include,
16without limitation, all of the following:
17        (1) a list of all of the brands and labels under which
18    the manufacturer's CEDs are sold or offered for sale in the
19    State; and
20        (2) the total weights, by CED category, of residential
21    CEDs sold in the United States to individuals, or offered
22    for sale under any of the manufacturer's brands or labels,
23    in the United States during the calendar year that is 2
24    years before immediately preceding the applicable program
25    year.

 

 

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1    If, during a program year, any of the manufacturer's CEDs
2are sold or offered for sale in the State under a brand that is
3not listed in the manufacturer's registration, then, within 30
4days after the first sale or offer for sale under that brand,
5the manufacturer must amend its registration to add the brand.
6All registration fees collected by the Agency pursuant to this
7Section shall be deposited into the Solid Waste Management
8Fund.
9    (b) The Agency shall post on its website a list of all
10registered manufacturers.
11    (c) Beginning in program year 2019, a manufacturer whose
12CEDs are sold or offered for sale in this State for the first
13time on or after April 1 of a program year must register with
14the Agency within 30 days after the date the CEDs are first
15sold or offered for sale in the State.
16    (d) Beginning in program year 2019, manufacturers shall
17ensure that only recyclers that have registered with the Agency
18and meet the recycler standards set forth in Section 1-40 are
19used to transport or recycle residential CEDs collected at any
20program collection site or one-day collection event.
21    (e) Beginning in program year 2019, no manufacturer may
22sell or offer for sale a CED in this State unless the
23manufacturer is registered and operates a manufacturer program
24either individually or as part of the manufacturer
25clearinghouse as required in this Act.
26    (f) Beginning in program year 2019, no manufacturer may

 

 

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1sell or offer for sale a CED in this State unless the
2manufacturer's brand name is permanently affixed to, and is
3readily visible on, the CED.
4    (g) In accordance with a contract or agreement with a
5county, municipality, or municipal joint action agency that has
6elected to participate in a manufacturer e-waste program under
7this Act, manufacturers may, either individually or through the
8manufacturer clearinghouse, audit program collection sites and
9proposed program collection sites for compliance with the terms
10and conditions of the contract or agreement. Audits shall be
11conducted during normal business hours, and a manufacturer or
12its designee shall provide reasonable notice to the collection
13site in advance of the audit. Audits of all program collection
14sites may include, among other things, physical site location
15visits and inspections and review of processes, procedures,
16technical systems, reports, and documentation reasonably
17related to the collecting, sorting, packaging, and recycling of
18residential CEDs in compliance with this Act.
19    (h) Nothing in this Act shall require a manufacturer or
20manufacturer e-waste program to collect, transport, or recycle
21any CEDs other than residential CEDs, or to accept for
22transport or recycling any pallet or bulk container of
23residential CEDs that has not been prepared by the collector
24for shipment in accordance with subsection (e) of Section 1-45.
25(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 

 

 

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1    (415 ILCS 151/1-33 new)
2    Sec. 1-33. Manufacturer clearinghouse.
3    (a) A manufacturer e-waste program plan submitted by a
4manufacturer clearinghouse may take into account and
5incorporate individual plans or operations of one or more
6manufacturers that are participating in the manufacturer
7clearinghouse.
8    (b) If a manufacturer clearinghouse allocates
9responsibility to manufacturers for manufacturers'
10transportation and recycling of residential CEDs during a
11program year as part of a manufacturer e-waste program plan,
12then the manufacturer clearinghouse shall identify the
13allocation methodology in its plan submission to the Agency
14pursuant to Section 1-25 of this Act for review and approval.
15Any allocation of responsibility among manufacturers for the
16collection of covered electronic devices shall be in accordance
17with the allocation methodology established pursuant to
18Section 1-84.5 of this Act.
19    (c) A manufacturer clearinghouse shall have no authority to
20enforce manufacturer compliance with the requirements of this
21Act, including compliance with the allocation methodology set
22forth in a manufacturer e-waste program plan, but shall, upon
23prior notice to the manufacturer, refer any potential
24non-compliance to the Agency. A manufacturer clearinghouse may
25develop and implement policies and procedures that exclude from
26participation in the manufacturer clearinghouse any

 

 

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1manufacturers found by the Illinois Pollution Control Board or
2a court of competent jurisdiction to have failed to comply with
3this Act.
 
4    (415 ILCS 151/1-84.5 new)
5    Sec. 1-84.5. Manufacturer clearinghouse; allocation of
6financial responsibility for the transportation and recycling
7of covered electronic devices.
8    (a) As used in this Section, unless the context otherwise
9requires:
10    "Adjusted total proportional responsibility" means the
11percentage calculated for each participating manufacturer for
12a program year under subsection (f) of this Section.
13    "Market share" means the percentage that results from
14dividing:
15        (1) the product of the total weight reported for a CED
16    category by a manufacturer, for the calendar year 2 years
17    before the applicable program year, under paragraph (2) of
18    subsection (a) of Section 1-30 of this Act, multiplied by
19    the population adjustment factor for that year; by
20        (2) the product of the total weight reported for that
21    CED category by all manufacturers, for the calendar year 2
22    years before the applicable program year, under paragraph
23    (2) of subsection (a) of Section 1-30 of this Act,
24    multiplied by the population adjustment factor for that
25    year.

 

 

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1    "Participating manufacturer" means a manufacturer that a
2manufacturer clearinghouse has listed, pursuant to subsection
3(c) of this Section, as a participant in the manufacturer
4clearinghouse for a program year.
5    "Population adjustment factor" means the percentage that
6results when (i) the population of Illinois, as reported in the
7most recent federal decennial census, is divided by (ii) the
8population of the United States, as reported in the most recent
9federal decennial census.
10    "Return share" means the percentage, by weight, of each CED
11category that is returned to the program collection sites and
12one-day collection events operated by or on behalf of either a
13manufacturer clearinghouse or one or more of its participating
14manufacturers during the calendar year 2 years before the
15applicable program year, as reported to the Agency under
16Section 1-10 of this Act; except that, for program year 2019
17and program year 2020, "return share" means the percentage, by
18weight, of each CED category that is estimated by the
19manufacturer clearinghouse to be returned to those sites and
20events during the applicable program year, as reported to the
21Agency under subsection (b) of this Section.
22    "Unadjusted total proportional responsibility" means the
23percentage calculated for each participating manufacturer
24under subsection (e) of this Section.
25    (b) By March 1, 2018, each manufacturer clearinghouse shall
26provide the Agency with a statement of the return share for

 

 

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1each CED category for program year 2019, and by March 1, 2019,
2each manufacturer clearinghouse shall provide the Agency with a
3statement of the return share for each CED category for program
4year 2020.
5    (c) If a manufacturer clearinghouse submits to the Agency a
6manufacturer e-waste program plan under Section 1-25 of this
7Act, then the manufacturer clearinghouse shall include in the
8plan a list of manufacturers that have agreed to participate in
9the manufacturer clearinghouse for the upcoming program year.
10    (d) By November 1, 2018, and each November 1 thereafter,
11the Agency shall provide each manufacturer clearinghouse with a
12statement of the unadjusted total proportional responsibility
13and adjusted total proportional responsibility of each of its
14participating manufacturers for the upcoming program year.
15    (e) For each program year, the Agency shall calculate the
16unadjusted total proportional responsibility of each
17participating manufacturer as follows:
18        (1) For each CED category, the Agency shall multiply
19    (i) the participating manufacturer's market share for the
20    CED category by (ii) the return share for the CED category,
21    to arrive at the category-specific proportional
22    responsibility of the participating manufacturer for the
23    CED category.
24        (2) The Agency shall then, for each participating
25    manufacturer, sum the category-specific proportional
26    responsibilities of the participating manufacturer

 

 

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1    calculated under paragraph (1), to arrive at the
2    participating manufacturer's unadjusted total proportional
3    responsibility.
4    (f) If the sum of all unadjusted total proportional
5responsibilities of a manufacturer clearinghouse's
6participating manufacturers for a program year accounts for
7less than 100% of the return share for that year, then the
8Agency shall divide the unallocated return share among
9participating manufacturers in proportion to their unadjusted
10total proportional responsibilities, to arrive at the adjusted
11total proportional responsibility for each participating
12manufacturer.
13    (g) A manufacturer may use retail collection sites to
14satisfy some or all of the manufacturer's responsibilities,
15including, but not limited to, the manufacturer's
16transportation and recycling of collected residential CEDs
17pursuant to any allocation methodology established under this
18Act. Nothing in this Act shall prevent a manufacturer from
19using retail collection sites to satisfy any percentage of the
20manufacturer's total responsibilities, including, but not
21limited to, the manufacturer's transportation and recycling of
22collected residential CEDs pursuant to any allocation
23methodology established under this Act or by administrative
24rule.
 
25    (415 ILCS 151/1-87 new)

 

 

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1    Sec. 1-87. Antitrust. A manufacturer or manufacturer
2clearinghouse acting in accordance with the provisions of this
3Act may negotiate, enter into contracts with, or conduct
4business with each other and with any other entity developing,
5implementing, operating, participating in, or performing any
6other activities directly related to a manufacturer e-waste
7program approved pursuant to this Act, and the manufacturer,
8manufacturer clearinghouse, and any entity developing,
9implementing, operating, participating in, or performing any
10other activities related to a manufacturer e-waste program
11approved pursuant to this Act are not subject to damages,
12liability, or scrutiny under federal antitrust law or the
13Illinois Antitrust Act, regardless of the effects of their
14actions on competition. The supervisory activities described
15in this Act are sufficient to confirm that activities of the
16manufacturers, manufacturer clearinghouse, and any entity
17developing, implementing, operating, participating in, or
18performing any other activities related to a manufacturer
19e-waste program that is approved pursuant to Section 1-25 are
20authorized and actively supervised by the State.
 
21    (415 ILCS 151/1-84 rep.)
22    Section 10. The Consumer Electronics Recycling Act is
23amended by repealing Section 1-84.
 
24    Section 15. The Illinois Antitrust Act is amended by

 

 

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1changing Section 5 as follows:
 
2    (740 ILCS 10/5)  (from Ch. 38, par. 60-5)
3    Sec. 5. No provisions of this Act shall be construed to
4make illegal:
5        (1) the activities of any labor organization or of
6    individual members thereof which are directed solely to
7    labor objectives which are legitimate under the laws of
8    either the State of Illinois or the United States;
9        (2) the activities of any agricultural or
10    horticultural cooperative organization, whether
11    incorporated or unincorporated, or of individual members
12    thereof, which are directed solely to objectives of such
13    cooperative organizations which are legitimate under the
14    laws of either the State of Illinois or the United States;
15        (3) the activities of any public utility, as defined in
16    Section 3-105 of the Public Utilities Act to the extent
17    that such activities are subject to a clearly articulated
18    and affirmatively expressed State policy to replace
19    competition with regulation, where the conduct to be
20    exempted is actively supervised by the State itself;
21        (4) the The activities of a telecommunications
22    carrier, as defined in Section 13-202 of the Public
23    Utilities Act, to the extent those activities relate to the
24    provision of noncompetitive telecommunications services
25    under the Public Utilities Act and are subject to the

 

 

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1    jurisdiction of the Illinois Commerce Commission or to the
2    activities of telephone mutual concerns referred to in
3    Section 13-202 of the Public Utilities Act to the extent
4    those activities relate to the provision and maintenance of
5    telephone service to owners and customers;
6        (5) the activities (including, but not limited to, the
7    making of or participating in joint underwriting or joint
8    reinsurance arrangement) of any insurer, insurance agent,
9    insurance broker, independent insurance adjuster or rating
10    organization to the extent that such activities are subject
11    to regulation by the Director of Insurance of this State
12    under, or are permitted or are authorized by, the Illinois
13    Insurance Code or any other law of this State;
14        (6) the religious and charitable activities of any
15    not-for-profit corporation, trust or organization
16    established exclusively for religious or charitable
17    purposes, or for both purposes;
18        (7) the activities of any not-for-profit corporation
19    organized to provide telephone service on a mutual or
20    co-operative basis or electrification on a co-operative
21    basis, to the extent such activities relate to the
22    marketing and distribution of telephone or electrical
23    service to owners and customers;
24        (8) the activities engaged in by securities dealers who
25    are (i) licensed by the State of Illinois or (ii) members
26    of the National Association of Securities Dealers or (iii)

 

 

HB3248 Enrolled- 28 -LRB100 10326 MJP 20515 b

1    members of any National Securities Exchange registered
2    with the Securities and Exchange Commission under the
3    Securities Exchange Act of 1934, as amended, in the course
4    of their business of offering, selling, buying and selling,
5    or otherwise trading in or underwriting securities, as
6    agent, broker, or principal, and activities of any National
7    Securities Exchange so registered, including the
8    establishment of commission rates and schedules of
9    charges;
10        (9) the activities of any board of trade designated as
11    a "contract market" by the Secretary of Agriculture of the
12    United States pursuant to Section 5 of the Commodity
13    Exchange Act, as amended;
14        (10) the activities of any motor carrier, rail carrier,
15    or common carrier by pipeline, as defined in the Common
16    Carrier by Pipeline Law of the Public Utilities Act, to the
17    extent that such activities are permitted or authorized by
18    the Act or are subject to regulation by the Illinois
19    Commerce Commission;
20        (11) the activities of any state or national bank to
21    the extent that such activities are regulated or supervised
22    by officers of the state or federal government under the
23    banking laws of this State or the United States;
24        (12) the activities of any state or federal savings and
25    loan association to the extent that such activities are
26    regulated or supervised by officers of the state or federal

 

 

HB3248 Enrolled- 29 -LRB100 10326 MJP 20515 b

1    government under the savings and loan laws of this State or
2    the United States;
3        (13) the activities of any bona fide not-for-profit
4    association, society or board, of attorneys, practitioners
5    of medicine, architects, engineers, land surveyors or real
6    estate brokers licensed and regulated by an agency of the
7    State of Illinois, in recommending schedules of suggested
8    fees, rates or commissions for use solely as guidelines in
9    determining charges for professional and technical
10    services;
11        (14) conduct Conduct involving trade or commerce
12    (other than import trade or import commerce) with foreign
13    nations unless:
14            (a) such conduct has a direct, substantial, and
15        reasonably foreseeable effect:
16                (i) on trade or commerce which is not trade or
17            commerce with foreign nations, or on import trade
18            or import commerce with foreign nations; or
19                (ii) on export trade or export commerce with
20            foreign nations of a person engaged in such trade
21            or commerce in the United States; and
22            (b) such effect gives rise to a claim under the
23        provisions of this Act, other than this subsection
24        (14).
25        (c) If this Act applies to conduct referred to in this
26    subsection (14) only because of the provisions of paragraph

 

 

HB3248 Enrolled- 30 -LRB100 10326 MJP 20515 b

1    (a)(ii), then this Act shall apply to such conduct only for
2    injury to export business in the United States which
3    affects this State; or
4        (15) the activities of a unit of local government or
5    school district and the activities of the employees, agents
6    and officers of a unit of local government or school
7    district; or .
8        (16) the activities of a manufacturer, manufacturer
9    clearinghouse, or any entity developing, implementing,
10    operating, participating in, or performing any other
11    activities related to a manufacturer e-waste program
12    approved pursuant to the Consumer Electronics Recycling
13    Act, to the extent that such activities are permitted or
14    authorized by this Act or are subject to regulation by the
15    Consumer Electronics Recycling Act and are subject to the
16    jurisdiction of and regulation by the Illinois Pollution
17    Control Board or the Illinois Environmental Protection
18    Agency; this paragraph does not limit, preempt, or exclude
19    the jurisdiction of any other commission, agency, or court
20    system to adjudicate personal injury or workers'
21    compensation claims.
22(Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97;
23revised 10-6-17.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.