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Full Text of SB1417  100th General Assembly

SB1417enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB1417 EnrolledLRB100 09551 MJP 19717 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. CONSUMER ELECTRONICS RECYCLING ACT

 
5    Section 1-1. Short title. This Act may be cited as the
6Consumer Electronics Recycling Act. References in this Article
7to "this Act" mean this Article.
 
8    Section 1-5. Definitions. As used in this Act:
9    "Agency" means the Illinois Environmental Protection
10Agency.
11    "Best practices" means standards for collecting and
12preparing items for shipment and recycling. "Best practices"
13may include standards for packaging for transport, load size,
14acceptable load contamination levels, non-CED items included
15in a load, and other standards as determined under Section 1-85
16of this Act. "Best practices" shall consider the desired intent
17to preserve existing collection programs and relationships
18when possible.
19    "Collector" means a person who collects residential CEDs at
20any program collection site or one-day collection event and
21prepares them for transport.
22    "Computer", often referred to as a "personal computer" or

 

 

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1"PC", means a desktop or notebook computer as further defined
2below and used only in a residence, but does not mean an
3automated typewriter, electronic printer, mobile telephone,
4portable hand-held calculator, portable digital assistant
5(PDA), MP3 player, or other similar device. "Computer" does not
6include computer peripherals, commonly known as cables, mouse,
7or keyboard. "Computer" is further defined as either:
8        (1) "Desktop computer", which means an electronic,
9    magnetic, optical, electrochemical, or other high-speed
10    data processing device performing logical, arithmetic, or
11    storage functions for general purpose needs that are met
12    through interaction with a number of software programs
13    contained therein, and that is not designed to exclusively
14    perform a specific type of logical, arithmetic, or storage
15    function or other limited or specialized application.
16    Human interface with a desktop computer is achieved through
17    a stand-alone keyboard, stand-alone monitor, or other
18    display unit, and a stand-alone mouse or other pointing
19    device, and is designed for a single user. A desktop
20    computer has a main unit that is intended to be
21    persistently located in a single location, often on a desk
22    or on the floor. A desktop computer is not designed for
23    portability and generally utilizes an external monitor,
24    keyboard, and mouse with an external or internal power
25    supply for a power source. Desktop computer does not
26    include an automated typewriter or typesetter; or

 

 

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

 

 

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1    through interaction with a number of software programs
2    contained therein, and that is not designed to exclusively
3    perform a specific type of logical, arithmetic, or storage
4    function or other limited or specialized application.
5    Human interface with a tablet computer is achieved through
6    a touch screen and video display screen greater than 6
7    inches in size (all of which are contained within the unit
8    that comprises the tablet computer). Tablet computers may
9    use an external or internal power source. "Tablet computer"
10    does not include a portable hand-held calculator, a
11    portable digital assistant, or a similar specialized
12    device.
13    "Computer monitor" means an electronic device that is a
14cathode-ray tube or flat panel display primarily intended to
15display information from a computer and is used only in a
16residence.
17    "County collection site" means a collection site owned or
18operated by a county or operated by a third party on behalf of
19a county.
20    "County recycling coordinator" means the individual who is
21designated as the recycling coordinator for a county in a waste
22management plan developed pursuant to the Solid Waste Planning
23and Recycling Act.
24    "Covered electronic device" or "CED" means any computer,
25computer monitor, television, printer, electronic keyboard,
26facsimile machine, videocassette recorder, portable digital

 

 

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1music player that has memory capability and is battery powered,
2digital video disc player, video game console, electronic
3mouse, scanner, digital converter box, cable receiver,
4satellite receiver, digital video disc recorder, or
5small-scale server sold at retail and taken out of service from
6a residence in this State. "Covered electronic device" does not
7include any of the following:
8        (1) an electronic device that is a part of a motor
9    vehicle or any component part of a motor vehicle assembled
10    by or for a vehicle manufacturer or franchised dealer,
11    including replacement parts for use in a motor vehicle;
12        (2) an electronic device that is functionally or
13    physically part of a larger piece of equipment or that is
14    taken out of service from an industrial, commercial
15    (including retail), library checkout, traffic control,
16    kiosk, security (other than household security),
17    governmental, agricultural, or medical setting, including
18    but not limited to diagnostic, monitoring, or control
19    equipment; or
20        (3) an electronic device that is contained within a
21    clothes washer, clothes dryer, refrigerator, refrigerator
22    and freezer, microwave oven, conventional oven or range,
23    dishwasher, room air conditioner, dehumidifier, water
24    pump, sump pump, or air purifier. To the extent allowed
25    under federal and State laws and regulations, a CED that is
26    being collected, recycled, or processed for reuse is not

 

 

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1    considered to be hazardous waste, household waste, solid
2    waste, or special waste.
3    "Manufacturer" means a person, or a successor in interest
4to a person, under whose brand or label a CED is or was sold at
5retail. For any CED sold at retail under a brand or label that
6is licensed from a person who is a mere brand owner and who
7does not sell or produce a CED, the person who produced the CED
8or his or her successor in interest is the manufacturer. For
9any CED sold at retail under the brand or label of both the
10retail seller and the person that produced the CED, the person
11that produced the CED, or his or her successor in interest, is
12the manufacturer.
13    "Manufacturer clearinghouse" means a group of 2 or more
14manufacturers, representing at least 50% of the manufacturers'
15total obligations under this Act for a program year, that are
16cooperating with one another to collectively establish and
17operate an e-waste program for the purpose of complying with
18this Act.
19    "Manufacturer e-waste program" means any program
20established, financed, and operated by a manufacturer,
21individually or as part of a manufacturer clearinghouse, to
22transport and subsequently recycle, in accordance with the
23requirements of this Act, residential CEDs collected at program
24collection sites and one-day collection events in accordance
25with best practices.
26    "Municipal joint action agency" means a municipal joint

 

 

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1action agency created under Section 3.2 of the
2Intergovernmental Cooperation Act.
3    "One-day collection event" means a one-day event used as a
4substitute for a program collection site pursuant to Section
51-15 of this Act.
6    "Person" means an individual, partnership, co-partnership,
7firm, company, limited liability company, corporation,
8association, joint stock company, trust, estate, political
9subdivision, State agency, or any other legal entity; or a
10legal representative, agent, or assign of that entity. "Person"
11includes a unit of local government.
12    "Printer" means desktop printers, multifunction printer
13copiers, and printer/fax combinations taken out of service from
14a residence that are designed to reside on a work surface, and
15include various print technologies, including without
16limitation laser and LED (electrographic), ink jet, dot matrix,
17thermal, and digital sublimation, and "multi-function" or
18"all-in-one" devices that perform different tasks, including
19without limitation copying, scanning, faxing, and printing.
20Printers do not include floor-standing printers, printers with
21optional floor stand, point of sale (POS) receipt printers,
22household printers such as a calculator with printing
23capabilities or label makers, or non-stand-alone printers that
24are embedded into products that are not CEDs.
25    "Program collection site" means a physical location that is
26included in a manufacturer e-waste program and at which

 

 

SB1417 Enrolled- 8 -LRB100 09551 MJP 19717 b

1residential CEDs are collected and prepared for transport by a
2collector during a program year in accordance with the
3requirements of this Act. Except as otherwise provided in this
4Act, "program collection" site does not include a retail
5collection site.
6    "Program year" means a calendar year. The first program
7year is 2019.
8    "Recycler" means any person who transports or subsequently
9recycles residential CEDs that have been collected and prepared
10for transport by a collector at any program collection site or
11one-day collection event.
12    "Recycling" has the meaning provided under Section 3.380 of
13the Environmental Protection Act. "Recycling" includes any
14process by which residential CEDs that would otherwise be
15disposed of or discarded are collected, separated, or processed
16and returned to the economic mainstream in the form of raw
17materials or products.
18    "Residence" means a dwelling place or home in which one or
19more individuals live.
20    "Residential covered electronic device" or "residential
21CED" means any covered electronic device taken out of service
22from a residence in the State.
23    "Retail collection site" means a private sector collection
24site operated by a retailer collecting on behalf of a
25manufacturer.
26    "Retailer" means a person who first sells, through a sales

 

 

SB1417 Enrolled- 9 -LRB100 09551 MJP 19717 b

1outlet, catalogue, or the Internet, a covered electronic device
2at retail to an individual for residential use or any permanent
3establishment primarily where merchandise is displayed, held,
4stored, or offered for sale to the public.
5    "Sale" means any retail transfer of title for consideration
6of title including, but not limited to, transactions conducted
7through sales outlets, catalogs, or the Internet or any other
8similar electronic means. "Sale" does not include financing or
9leasing.
10    "Small-scale server" means a computer that typically uses
11desktop components in a desktop form designed primarily to
12serve as a storage host for other computers. To be considered a
13small-scale server, a computer must: be designed in a pedestal,
14tower, or other form that is similar to that of a desktop
15computer so that all data processing, storage, and network
16interfacing is contained within one box or product; be designed
17to be operational 24 hours per day and 7 days per week; have
18very little unscheduled downtime, such as on the order of hours
19per year; be capable of operating in a simultaneous multi-user
20environment serving several users through networked client
21units; and be designed for an industry-accepted operating
22system for home or low-end server applications.
23    "Television" means an electronic device (i) containing a
24cathode-ray tube or flat panel screen the size of which is
25greater than 4 inches when measured diagonally, (ii) that is
26intended to receive video programming via broadcast, cable, or

 

 

SB1417 Enrolled- 10 -LRB100 09551 MJP 19717 b

1satellite transmission or to receive video from surveillance or
2other similar cameras, and (iii) that is used only in a
3residence.
 
4    Section 1-10. Manufacturer e-waste program.
5    (a) For program year 2019 and each program year thereafter,
6each manufacturer shall, individually or as part of a
7manufacturer clearinghouse, provide a manufacturer e-waste
8program to transport and subsequently recycle, in accordance
9with the requirements of this Act, residential CEDs collected
10at, and prepared for transport from, the program collection
11sites and one-day collection events included in the program
12during the program year.
13    (b) Each manufacturer e-waste program must include, at a
14minimum, the following:
15        (1) satisfaction of the convenience standard described
16    in Section 1-15 of this Act;
17        (2) instructions for designated county recycling
18    coordinators and municipal joint action agencies to
19    annually file notice to participate in the program;
20        (3) transportation and subsequent recycling of the
21    residential CEDs collected at, and prepared for transport
22    from, the program collection sites and one-day collection
23    events included in the program during the program year; and
24        (4) submission of a report to the Agency, by January
25    31, 2020, and each January 31 thereafter, which includes:

 

 

SB1417 Enrolled- 11 -LRB100 09551 MJP 19717 b

1            (A) the total weight of all residential CEDs
2        transported from program collection sites and one-day
3        collection events throughout the State during the
4        preceding program year by CED category;
5            (B) the total weight of residential CEDs
6        transported from all program collection sites and
7        one-day collection events in each county in the State
8        during the preceding program year by CED category; and
9            (C) the total weight of residential CEDs
10        transported from all program collection sites and
11        one-day collection events in each county in the State
12        during that preceding program year and that was
13        recycled.
14    (c) The Agency shall make the instructions required under
15paragraph (2) of subsection (b) available on the Agency's
16website by December 1, 2017.
 
17    Section 1-15. Convenience standard for program collection
18sites and one-day collection events.
19    (a) Beginning in 2019 each manufacturer e-waste program for
20a program year must include, at a minimum, program collection
21sites in the following quantities in counties that elect to
22participate in the manufacturer e-waste program for the program
23year:
24        (1) one program collection site in each county that has
25    elected to participate in the manufacturer e-waste program

 

 

SB1417 Enrolled- 12 -LRB100 09551 MJP 19717 b

1    for the program year and that has a population density that
2    is less than 250 individuals per square mile;
3        (2) two program collection sites in each county that
4    has elected to participate in the manufacturer e-waste
5    program for the program year and that has a population
6    density that is greater than or equal to 250 individuals
7    per square mile but less than 500 individuals per square
8    mile;
9        (3) three program collection sites in each county that
10    has elected to participate in the manufacturer e-waste
11    program for the program year and that has a population
12    density that is greater than or equal to 500 individuals
13    per square mile but less than 750 individuals per square
14    mile;
15        (4) four program collection sites in each county that
16    has elected to participate in the manufacturer e-waste
17    program for the program year and that has a population
18    density that is greater than or equal to 750 individuals
19    per square mile but less than 1,000 individuals per square
20    mile;
21        (5) five program collection sites in each county that
22    has elected to participate in the manufacturer e-waste
23    program for the program year and that has a population
24    density that is greater than or equal to 1,000 individuals
25    per square mile but less than 5,000 individuals per square
26    mile; and

 

 

SB1417 Enrolled- 13 -LRB100 09551 MJP 19717 b

1        (6) ten program collection sites in each county that
2    has elected to participate in the manufacturer e-waste
3    program for the program year and that has a population
4    density that is greater than or equal to 5,000 individuals
5    per square mile.
6    If a municipality with a population of over 1,000,000
7residents notifies the program of the municipality's desire to
8participate in the program, then that municipality shall
9receive 15 program collection sites to be located in that
10municipality in addition to county sites, which shall be
11located outside of the municipality.
12    A designated county recycling coordinator may elect to
13operate more than the required minimum number of collection
14sites.
15    (b) Notwithstanding subsection (a) of this Section, the
16county recycling coordinator for a county that elects to
17participate in a manufacturer e-waste program may enter into a
18written agreement with the operators of any manufacturer
19e-waste program in order to do one or more of the following:
20        (1) to decrease the number of program collection sites
21    in the county for the program year;
22        (2) to substitute a program collection site in the
23    county with either (i) 4 one-day collection events in the
24    county or (ii) a different number of such events in the
25    county as may be provided in the written agreement;
26        (3) to substitute the location of a program collection

 

 

SB1417 Enrolled- 14 -LRB100 09551 MJP 19717 b

1    site in the county for the program year with another
2    location in the county; or
3        (4) to substitute the location of a one-day collection
4    in the county with another location in the county.
5    An agreement made pursuant to paragraphs (1) or (2) of this
6subsection (b) shall be reduced to writing and included in the
7manufacturer e-waste program plan as required under subsection
8(a) of Section 1-25 of this Act.
9    (c) To facilitate the equitable allocation of covered
10electronic device collection and recycling obligations among
11manufacturers participating in a manufacturer e-waste program,
12beginning November 1, 2018 and by November 1 of each year
13thereafter, the Agency shall determine each manufacturer's
14collection obligation for each CED category that takes into
15account the market share of a manufacturer so that the
16manufacturer's obligations are allocated based on the weight of
17the manufacturer's sales in each CED category, divided by the
18weight of all sales in each CED category multiplied by the
19proportion of the weight of CEDs in each CED category collected
20from county collection sites used in the manufacturer's e-waste
21program in the prior program year. The manufacturer's
22collection obligation calculated in this subsection (c) shall
23be expressed as a percentage.
24    (d) Nothing in this Act shall prevent a manufacturer from
25using retail collection sites to satisfy the manufacturer's
26obligations under this Section.
 

 

 

SB1417 Enrolled- 15 -LRB100 09551 MJP 19717 b

1    Section 1-20. Election to participate in manufacturer
2e-waste programs. Beginning with program year 2019, a county
3may elect to participate in a manufacturer e-waste program by
4having the county recycling coordinator file with the
5manufacturer e-waste program and the Agency, on or before March
61, 2018, and on or before March 1 of each year thereafter for
7the upcoming program year, a written notice of election to
8participate in the program. The written notice shall include a
9list of proposed collection locations likely to be available
10and appropriate to support this program, and may include
11locations already providing similar collection services. The
12written notice may include a list of registered recyclers that
13the county would prefer using for its collection sites or
14one-day events.
15    County program coordinators may contract with registered
16collectors to operate collection sites. Eligible registered
17collectors are not limited to private companies and
18non-government organizations. All collectors operating county
19supervised programs shall abide by the standards in Section
201-45.
21    Should a county elect not to participate in the program, a
22municipal joint action agency, representing residents within a
23certain geographic area in the non-participating county can
24elect to participate in the e-waste program on behalf of the
25residents of the municipal joint action agency.
 

 

 

SB1417 Enrolled- 16 -LRB100 09551 MJP 19717 b

1    Section 1-25. Manufacturer e-waste program plans.
2    (a) By July 1, 2018, and by July 1 of each year thereafter
3for the upcoming program year, beginning with program year
42019, each manufacturer shall, individually or as a
5manufacturer clearinghouse, submit to the Agency a
6manufacturer e-waste program plan and assume the financial
7responsibility for bulk transportation, packaging materials
8necessary to prepare shipments in compliance with best
9practices, and recycling of collected CEDs, which includes, at
10a minimum, the following:
11        (1) the contact information for the individual who will
12    serve as the point of contact for the manufacturer e-waste
13    program;
14        (2) the identity of each county that has elected to
15    participate in the manufacturer e-waste program during the
16    program year;
17        (3) for each county, the location of each program
18    collection site and one-day collection event included in
19    the manufacturer e-waste program for the program year;
20        (4) the collector operating each program collection
21    site and one-day collection event included in the
22    manufacturer e-waste program for the program year;
23        (5) the recyclers that manufacturers plan to use during
24    the program year to transport and subsequently recycle
25    residential CEDs under the program, with the updated list

 

 

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1    of recyclers to be provided to the Agency no later than
2    December 1 preceding each program year; and
3        (6) an explanation of any deviation by the program from
4    the standard program collection site distribution set
5    forth in subsection (a) of Section 1-15 of this Act for the
6    program year, along with copies of all written agreements
7    made pursuant to paragraphs (1) or (2) of subsection (b) of
8    Section 1-15 for the program year.
9    (b) Within 60 days after receiving a manufacturer e-waste
10program plan, the Agency shall review the plan and approve the
11plan or disapprove the plan.
12        (1) If the Agency determines that the program
13    collection sites and one-day collection events specified
14    in the plan will satisfy the convenience standard set forth
15    in Section 1-15 of this Act, then the Agency shall approve
16    the manufacturer e-waste program plan and provide written
17    notification of the approval to the individual who serves
18    as the point of contact for the manufacturer. The Agency
19    shall post the approved plan on the Agency's website.
20        (2) If the Agency determines the plan will not satisfy
21    the convenience standard set forth in Section 1-15 of this
22    Act, then the Agency shall disapprove the manufacturer
23    e-waste program plan and provide written notification of
24    the disapproval and the reasons for the disapproval to the
25    individual who serves as the point of contact for the
26    manufacturer. Within 30 days after the date of disapproval,

 

 

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1    the individual who serves as the point of contact for the
2    manufacturer shall submit a revised manufacturer e-waste
3    program plan that addresses the deficiencies noted in the
4    Agency's disapproval.
 
5    Section 1-30. Manufacturer registration.
6    (a) By April 1, 2018, and by April 1 of each year
7thereafter for the upcoming program year, beginning with
8program year 2019, each manufacturer who sells CEDs in the
9State must register with the Agency by: (i) submitting to the
10Agency a $3,000 registration fee; and (ii) completing and
11submitting to the Agency the registration form prescribed by
12the Agency. Information on the registration form shall include,
13without limitation, all of the following:
14        (1) a list of all of the brands and labels under which
15    the manufacturer's CEDs are sold or offered for sale in the
16    State; and
17        (2) the weight of all individual CEDs by category sold
18    or offered for sale under any of the manufacturer's brands
19    or labels in the United States during the calendar year 2
20    years before the applicable program year.
21    If, during a program year, any of the manufacturer's CEDs
22are sold or offered for sale in the State under a brand that is
23not listed in the manufacturer's registration, then, within 30
24days after the first sale or offer for sale under that brand,
25the manufacturer must amend its registration to add the brand.

 

 

SB1417 Enrolled- 19 -LRB100 09551 MJP 19717 b

1All registration fees collected by the Agency pursuant to this
2Section shall be deposited into the Solid Waste Management
3Fund.
4    (b) The Agency shall post on its website a list of all
5registered manufacturers.
6    (c) Beginning in program year 2019, a manufacturer whose
7CEDs are sold or offered for sale in this State for the first
8time on or after April 1 of a program year must register with
9the Agency within 30 days after the date the CEDs are first
10sold or offered for sale in the State.
11    (d) Beginning in program year 2019, manufacturers shall
12ensure that only recyclers that have registered with the Agency
13and meet the recycler standards set forth in Section 1-40 are
14used to transport or recycle residential CEDs collected at any
15program collection site or one-day collection event.
16    (e) Beginning in program year 2019, no manufacturer may
17sell or offer for sale a CED in this State unless the
18manufacturer is registered and operates a manufacturer program
19either individually or as part of the manufacturer
20clearinghouse as required in this Act.
21    (f) Beginning in program year 2019, no manufacturer may
22sell or offer for sale a CED in this State unless the
23manufacturer's brand name is permanently affixed to, and is
24readily visible on, the CED.
 
25    Section 1-35. Retailer responsibilities.

 

 

SB1417 Enrolled- 20 -LRB100 09551 MJP 19717 b

1    (a) Beginning in program year 2019, no retailer who first
2sells, through a sales outlet, catalogue, or the Internet, a
3CED at retail to an individual for residential use may sell or
4offer for sale any CED in or for delivery into this State
5unless:
6        (1) the CED is labeled with a brand, and the label is
7    permanently affixed and readily visible; and
8        (2) the manufacturer is registered with the Agency at
9    the time the retailer purchases the CED.
10    (b) A retailer shall be considered to have complied with
11paragraphs (1) and (2) of subsection (a) if:
12        (1) a manufacturer registers with the agency within 30
13    days of a retailer taking possession of the manufacturer's
14    CED;
15        (2) a manufacturer's registration expires and the
16    retailer ordered the CED prior to the expiration, in which
17    case the retailer may sell the CED, but only if the sale
18    takes place within 180 days of the expiration; or
19        (3) a manufacturer is no longer conducting business and
20    has no successor in interest the retailer may sell any
21    orphan CED ordered prior to the discontinuation of
22    business.
23    (c) Retailers shall not be considered collectors under the
24convenience standard and retail collection sites shall not be
25considered a collection site for the purposes of the
26convenience standard pursuant to Sections 1-10, 1-15, and 1-25

 

 

SB1417 Enrolled- 21 -LRB100 09551 MJP 19717 b

1unless otherwise agreed to in writing by the retailer,
2operators of the manufacture e-waste program, and the county
3coordinator. If retailers agree to participate in a county
4program collection site, then the retailer collection site does
5not have to collect all CEDs or register as a collector.
6    (d) Manufacturers may use retail collection sites for
7satisfying some or all of their obligations pursuant to
8Sections 1-10, 1-15 and 1-25.
9    (e) Nothing in this Act shall prohibit a retailer from
10collecting a fee for each CED collected.
 
11    Section 1-40. Recycler responsibilities.
12    (a) By January 1, 2019, and by January 1 of each year
13thereafter for that program year, beginning with program year
142019, each recycler must register with the Agency by (i)
15submitting to the Agency a $3,000 registration fee and (ii)
16completing and submitting to the Agency the registration form
17prescribed by the Agency. The registration form prescribed by
18the Agency shall include, without limitation, the address of
19each location where the recycler manages residential CEDs. All
20registration fees collected by the Agency pursuant to this
21Section shall be deposited into the Solid Waste Management
22Fund.
23    (b) The Agency shall post on the Agency's website a list of
24all registered recyclers and the information requested by
25subsection (d) of Section 1-40.

 

 

SB1417 Enrolled- 22 -LRB100 09551 MJP 19717 b

1    (c) Beginning in program year 2019, no person may act as a
2recycler of residential CEDs for a manufacturer's e-waste
3program unless the recycler is registered with the Agency as
4required under this Section.
5    (d) Beginning in program year 2019, recyclers must, at a
6minimum, comply with all of the following:
7        (1) Recyclers must comply with federal, State, and
8    local laws and regulations, including federal and State
9    minimum wage laws, specifically relevant to the handling,
10    processing, and recycling of residential CEDs and must have
11    proper authorization by all appropriate governing
12    authorities to perform the handling, processing, and
13    recycling.
14        (2) Recyclers must implement the appropriate measures
15    to safeguard occupational and environmental health and
16    safety, through the following:
17            (A) environmental health and safety training of
18        personnel, including training with regard to material
19        and equipment handling, worker exposure, controlling
20        releases, and safety and emergency procedures;
21            (B) an up-to-date, written plan for the
22        identification and management of hazardous materials;
23        and
24            (C) an up-to-date, written plan for reporting and
25        responding to exceptional pollutant releases,
26        including emergencies such as accidents, spills,

 

 

SB1417 Enrolled- 23 -LRB100 09551 MJP 19717 b

1        fires, and explosions.
2        (3) Recyclers must maintain (i) commercial general
3    liability insurance or the equivalent corporate guarantee
4    for accidents and other emergencies with limits of not less
5    than $1,000,000 per occurrence and $1,000,000 aggregate
6    and (ii) pollution legal liability insurance with limits
7    not less than $1,000,000 per occurrence for companies
8    engaged solely in the dismantling activities and
9    $5,000,000 per occurrence for companies engaged in
10    recycling.
11        (4) Recyclers must maintain on file documentation that
12    demonstrates the completion of an environmental health and
13    safety audit completed and certified by a competent
14    internal and external auditor annually. A competent
15    auditor is an individual who, through professional
16    training or work experience, is appropriately qualified to
17    evaluate the environmental health and safety conditions,
18    practices, and procedures of the facility. Documentation
19    of auditors' qualifications must be available for
20    inspection by Agency officials and third-party auditors.
21        (5) Recyclers must maintain on file proof of workers'
22    compensation and employers' liability insurance.
23        (6) Recyclers must provide adequate assurance, such as
24    bonds or corporate guarantees, to cover environmental and
25    other costs of the closure of the recycler's facility,
26    including cleanup of stockpiled equipment and materials.

 

 

SB1417 Enrolled- 24 -LRB100 09551 MJP 19717 b

1        (7) Recyclers must apply due diligence principles to
2    the selection of facilities to which components and
3    materials, such as plastics, metals, and circuit boards,
4    from residential CEDs are sent for reuse and recycling.
5        (8) Recyclers must establish a documented
6    environmental management system that is appropriate in
7    level of detail and documentation to the scale and function
8    of the facility, including documented regular self-audits
9    or inspections of the recycler's environmental compliance
10    at the facility.
11        (9) Recyclers must use the appropriate equipment for
12    the proper processing of incoming materials as well as
13    controlling environmental releases to the environment. The
14    dismantling operations and storage of residential CED
15    components that contain hazardous substances must be
16    conducted indoors and over impervious floors. Storage
17    areas must be adequate to hold all processed and
18    unprocessed inventory. When heat is used to soften solder
19    and when residential CED components are shredded,
20    operations must be designed to control indoor and outdoor
21    hazardous air emissions.
22        (10) Recyclers must establish a system for identifying
23    and properly managing components, such as circuit boards,
24    batteries, cathode-ray tubes, and mercury phosphor lamps,
25    that are removed from residential CEDs during disassembly.
26    Recyclers must properly manage all hazardous and other

 

 

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1    components requiring special handling from residential
2    CEDs consistent with federal, State, and local laws and
3    regulations. Recyclers must provide visible tracking, such
4    as hazardous waste manifests or bills of lading, of
5    hazardous components and materials from the facility to the
6    destination facilities and documentation, such as
7    contracts, stating how the destination facility processes
8    the materials received. No recycler may send, either
9    directly or through intermediaries, hazardous wastes to
10    solid non-hazardous waste landfills or to non-hazardous
11    waste incinerators for disposal or energy recovery. For the
12    purpose of these guidelines, smelting of hazardous wastes
13    to recover metals for reuse in conformance with all
14    applicable laws and regulations is not considered disposal
15    or energy recovery.
16        (11) Recyclers must use a regularly implemented and
17    documented monitoring and record-keeping program that
18    tracks total inbound residential CED material weights and
19    total subsequent outbound weights to each destination,
20    injury and illness rates, and compliance with applicable
21    permit parameters including monitoring of effluents and
22    emissions. Recyclers must maintain contracts or other
23    documents, such as sales receipts, suitable to
24    demonstrate: (i) the reasonable expectation that there is a
25    downstream market or uses for designated electronics,
26    which may include recycling or reclamation processes such

 

 

SB1417 Enrolled- 26 -LRB100 09551 MJP 19717 b

1    as smelting to recover metals for reuse; and (ii) that any
2    residuals from recycling or reclamation processes, or
3    both, are properly handled and managed to maximize reuse
4    and recycling of materials to the extent practical.
5        (12) Recyclers must employ industry-accepted
6    procedures for the destruction or sanitization of data on
7    hard drives and other data storage devices. Acceptable
8    guidelines for the destruction or sanitization of data are
9    contained in the National Institute of Standards and
10    Technology's Guidelines for Media Sanitation or those
11    guidelines certified by the National Association for
12    Information Destruction.
13        (13) No recycler may employ prison labor in any
14    operation related to the collection, transportation, and
15    recycling of CEDs. No recycler may employ any third party
16    that uses or subcontracts for the use of prison labor.
17    (e) Each recycler shall, during each calendar year,
18transport from each site that the recycler uses to manage
19residential CEDs not less than 75% of the total weight of
20residential CEDs present at the site during the preceding
21calendar year. Each recycler shall maintain on-site records
22that demonstrate compliance with this requirement and shall
23make those records available to the Agency for inspection and
24copying.
25    Nothing in this Act shall prevent a person from acting as a
26recycler independently of a manufacturer e-waste program.
 

 

 

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1    Section 1-45. Collector responsibilities.
2    (a) By January 1, 2019, and by January 1 of each year
3thereafter for that program year, beginning with program year
42019, a person acting as a collector under a manufacturer
5e-waste program shall register with the Agency by completing
6and submitting to the Agency the registration form prescribed
7by the Agency. The registration form prescribed by the Agency
8must include, without limitation, the address of each location
9at which the collector accepts residential CEDs.
10    (b) The Agency shall post on the Agency's website a list of
11all registered collectors.
12    (c) Manufacturers and recyclers acting as collectors shall
13so indicate on their registration under Section 1-30 or 1-40 of
14this Act.
15    (d) By January 31, 2020 and every January 31 thereafter,
16each collector that operates a program collection site or
17one-day collection event shall report its previous program year
18data on CEDs collected to the Agency and manufacturer
19clearinghouse to assist in satisfying a manufacturer's
20obligation pursuant to subsection (c) of Section 1-15.
21    (e) Each collector that operates a program collection site
22or one-day event shall ensure that the collected CEDs are
23sorted and loaded in compliance with local, State, and federal
24law and in accordance with best practices recommended by the
25recycler and Section 1-85 of this Act. In addition, at a

 

 

SB1417 Enrolled- 28 -LRB100 09551 MJP 19717 b

1minimum, the collector shall also comply with the following
2requirements:
3        (1) all CEDs must be accepted at the collection site or
4    one-day event unless otherwise provided in this Act;
5        (2) CEDs shall be kept separate from other material and
6    shall be:
7            (A) packaged in a manner to prevent breakage; and
8            (B) loaded onto pallets and secured with plastic
9        wrap or in pallet-sized bulk containers prior to
10        shipping; and
11            (C) on average per collection site 18,000 pounds
12        per shipment, and if not then the recycler may charge
13        the collector a prorate charge on the shortfall in
14        weight, not to exceed $600.
15        (3) CEDs shall be sorted into the following categories:
16            (A) computer monitors and televisions containing a
17        cathode-ray tube, other than televisions with wooden
18        exteriors;
19            (B) computer monitors and televisions containing a
20        flat panel screen;
21            (C) all other covered televisions;
22            (D) computers;
23            (E) all other CEDs; and
24            (F) any electronic device that is not part of the
25        manufacturer program that the collector has arranged
26        to have picked up with CEDs and for which a financial

 

 

SB1417 Enrolled- 29 -LRB100 09551 MJP 19717 b

1        arrangement has been made to cover the recycling costs
2        outside of the manufacturer program; and
3        (4) containers holding the CEDs must be structurally
4    sound for transportation.
5    (e) Except as provided in subsection (f) of this Section,
6each collector that operates a program collection site or
7one-day collection event during a program year shall accept all
8residential CEDs that are delivered to the program collection
9site or one-day collection event during the program year.
10    (f) No collector that operates a program collection site or
11one-day collection event shall accept more than 7 residential
12CEDs from an individual at any one time.
13    (g) Beginning in program year 2019, registered collectors
14participating in county supervised collection programs may
15collect a fee for each desktop computer monitor or television
16accepted for recycling to cover costs for collection and
17preparation for bulk shipment or cover cost for subsection (e)
18of Section 1-45.
19    (h) Nothing in this Act shall prevent an individual from
20acting as a collector independently of a manufacturer e-waste
21program.
 
22    Section 1-50. Penalties.
23    (a) Except as otherwise provided in this Act, any person
24who violates any provision of this Act is liable for a civil
25penalty of $1,000 for the violation.

 

 

SB1417 Enrolled- 30 -LRB100 09551 MJP 19717 b

1    (b) The penalties provided for in this Section may be
2recovered in a civil action brought in the name of the people
3of the State of Illinois by the State's Attorney of the county
4in which the violation occurred or by the Attorney General. Any
5penalties collected under this Section in an action in which
6the Attorney General has prevailed shall be deposited in the
7Environmental Protection Trust Fund, to be used in accordance
8with the provisions of the Environmental Trust Fund Act.
9    (c) The Attorney General or the State's Attorney of a
10county in which a violation occurs may institute a civil action
11for an injunction, prohibitory or mandatory, to restrain
12violations of this Act or to require such actions as may be
13necessary to address violations of this Act.
14    (d) A fine imposed by administrative citation pursuant to
15Section 1-55 of this Act shall be $1,000 per violation, plus
16any hearing costs incurred by the Illinois Pollution Control
17Board and the Agency. Such fines shall be made payable to the
18Environmental Protection Trust Fund to be used in accordance
19with the Environmental Protection Trust Fund Act.
20    (e) The penalties and injunctions provided in this Act are
21in addition to any penalties, injunctions, or other relief
22provided under any other law. Nothing in this Act bars a cause
23of action by the State for any other penalty, injunction, or
24other relief provided by any other law.
25    (f) A knowing violation of subsections (a), (b), or (c) of
26Section 1-83 of this Act by anyone other than a residential

 

 

SB1417 Enrolled- 31 -LRB100 09551 MJP 19717 b

1consumer is a petty offense punishable by a fine of $500. A
2knowing violation of subsections (a), (b), or (c) of Section
31-83 by a residential consumer is a petty offense punishable by
4a fine of $25 for a first violation; however, a subsequent
5violation by a residential consumer is a petty offense
6punishable by a fine of $50.
 
7    Section 1-55. Administrative citations.
8    (a) Any violation of a registration requirement in Sections
91-30, 1-40, or 1-45 of this Act, any violation of the reporting
10requirement in paragraph (4) of subsection (b) of Section 1-10
11of this Act, and any violation of the plan submission
12requirement in subsection (a) of Section 1-25 of this Act shall
13be enforceable by administrative citation issued by the Agency.
14Whenever Agency personnel shall, on the basis of direct
15observation, determine that any person has violated any of
16those provisions, the Agency may issue and serve, within 60
17days after the observed violation, an administrative citation
18upon that person. Each citation shall be served upon the person
19named or the person's authorized agent for service of process
20and shall include the following:
21        (1) a statement specifying the provisions of this Act
22    that the person has violated;
23        (2) the penalty imposed under subsection (d) of Section
24    1-50 of this Act for that violation; and
25        (3) an affidavit by the personnel observing the

 

 

SB1417 Enrolled- 32 -LRB100 09551 MJP 19717 b

1    violation, attesting to their material actions and
2    observations.
3    (b) If the person named in the administrative citation
4fails to petition the Illinois Pollution Control Board for
5review within 35 days after the date of service, then the Board
6shall adopt a final order, which shall include the
7administrative citation and findings of violation as alleged in
8the citation and shall impose the penalty specified in
9subsection (d) of Section 1-50 of this Act.
10    (c) If a petition for review is filed with the Board to
11contest an administrative citation issued under this Section,
12then the Agency shall appear as a complainant at a hearing
13before the Board to be conducted pursuant to subsection (d) of
14this Section at a time not less than 21 days after notice of
15the hearing has been sent by the Board to the Agency and the
16person named in the citation. In those hearings, the burden of
17proof shall be on the Agency. If, based on the record, the
18Board finds that the alleged violation occurred, then the Board
19shall adopt a final order, which shall include the
20administrative citation and findings of violation as alleged in
21the citation, and shall impose the penalty specified in
22subsection (d) of Section 1-50 of this Act. However, if the
23Board finds that the person appealing the citation has shown
24that the violation resulted from uncontrollable circumstances,
25then the Board shall adopt a final order that makes no finding
26of violation and imposes no penalty.

 

 

SB1417 Enrolled- 33 -LRB100 09551 MJP 19717 b

1    (d) All hearings under this Section shall be held before a
2qualified hearing officer, who may be attended by one or more
3members of the Board, designated by the Chairman. All of these
4hearings shall be open to the public, and any person may submit
5written statements to the Board in connection with the subject
6of these hearings. In addition, the Board may permit any person
7to offer oral testimony. Any party to a hearing under this
8Section may be represented by counsel, make oral or written
9argument, offer testimony, cross-examine witnesses, or take
10any combination of those actions. All testimony taken before
11the Board shall be recorded stenographically. The transcript so
12recorded and any additional matter accepted for the record
13shall be open to public inspection, and copies of those
14materials shall be made available to any person upon payment of
15the actual cost of reproducing the original.
 
16    Section 1-60. Delegation of county rights and
17responsibilities to municipal joint action agency. If a county
18has delegated to a municipal joint action agency certain powers
19or responsibilities under Section 3.2 of the Intergovernmental
20Cooperation Act with respect to certain geographic areas of the
21county, then the executive director of the municipal joint
22action agency shall have, with respect to those geographic
23areas, the rights and responsibilities that this Act would
24otherwise afford to the county. If a county elects not to
25participate in the program, then a municipal joint action

 

 

SB1417 Enrolled- 34 -LRB100 09551 MJP 19717 b

1agency representing residents within the geographic area of the
2municipal joint action agency can elect to participate in the
3program.
 
4    Section 1-65. Relation to other State laws. Nothing in this
5Act affects the validity or application of any other law of
6this State, or regulations adopted thereunder.
 
7    Section 1-75. CRT Retrievable Storage. In order to further
8the policy of the State to reduce the environmental and
9economic impacts of transporting and managing cathode-ray tube
10(CRT) glass, and to support (i) the beneficial use of CRTs in
11accordance with beneficial use determinations issued by the
12Agency under Section 22.54 of the Environmental Protection Act
13and (ii) the storage of CRTs in retrievable storage cells at
14locations within the State for future recovery; for the purpose
15of this Act, a CRT shall be considered to be recycled if:
16        (1) all recyclable components are removed from the
17    device; and
18        (2) the glass from the device is either:
19            (A) beneficially reused in accordance with a
20        beneficial use determination issued under Section
21        22.54 of the Environmental Protection Act; or
22            (B) placed in a storage cell, in a manner that
23        allows it to be retrieved in the future, at a waste
24        disposal site that is permitted to accept the glass.
 

 

 

SB1417 Enrolled- 35 -LRB100 09551 MJP 19717 b

1    Section 1-80. Collection of CEDs outside of the
2manufacturer e-waste program.
3    (a) Nothing in this Act prohibits a waste hauler from
4entering into a contractual agreement with a unit of local
5government to establish a collection program for the recycling
6or reuse of CEDs, including services such as curbside
7collection, home pick-up, drop-off locations, or similar
8methods of collection.
9    (b) Nothing in this Act shall prohibit a person from
10establishing an e-waste program independently of a
11manufacturer e-waste program.
 
12    Section 1-83. Landfill ban.
13    (a) Beginning January 1, 2019, no person may knowingly
14cause or allow the mixing of a CED, or any other computer,
15computer monitor, printer, television, electronic keyboard,
16facsimile machine, videocassette recorder, portable digital
17music player, digital video disc player, video game console,
18electronic mouse, scanner, digital converter box, cable
19receiver, satellite receiver, digital video disc recorder, or
20small-scale server with municipal waste that is intended for
21disposal at a landfill.
22    (b) Beginning January 1, 2019, no person may knowingly
23cause or allow the disposal of a CED or any other computer,
24computer monitor, printer, television, electronic keyboard,

 

 

SB1417 Enrolled- 36 -LRB100 09551 MJP 19717 b

1facsimile machine, videocassette recorder, portable digital
2music player, digital video disc player, video game console,
3electronic mouse, scanner, digital converter box, cable
4receiver, satellite receiver, digital video disc recorder, or
5small-scale server in a sanitary landfill.
6    (c) Beginning January 1, 2019, no person may knowingly
7cause or allow the mixing of a CED, or any other computer,
8computer monitor, printer, television, electronic keyboard,
9facsimile machine, videocassette recorder, portable digital
10music player, digital video disc player, video game console,
11electronic mouse, scanner, digital converter box, cable
12receiver, satellite receiver, digital video disc recorder, or
13small-scale server with waste that is intended for disposal by
14burning or incineration.
15    (d) Beginning January 1, 2019, no person may knowingly
16cause or allow the burning or incineration of a CED, or any
17other computer, computer monitor, printer, television,
18electronic keyboard, facsimile machine, videocassette
19recorder, portable digital music player, digital video disc
20player, video game console, electronic mouse, scanner, digital
21converter box, cable receiver, satellite receiver, digital
22video disc recorder, or small-scale server.
 
23    Section 1-85. Best practices. By November 1, 2018 and
24November 1 of each year thereafter, an advisory stakeholder
25group shall submit a document, to be approved annually by a

 

 

SB1417 Enrolled- 37 -LRB100 09551 MJP 19717 b

1majority of the stakeholder group, of agreed-to best practices
2to be used in the following program year and made available on
3the Agency website. The best practices stakeholder group shall
4be made up of 8 members, appointed by the Director of the
5Agency, including 2 representatives of county programs, 2
6representatives of recycling companies, 2 representatives from
7the manufacturing industry, one representative from a
8statewide trade association representing retailers, one
9representative of a statewide trade association representing
10manufacturers, one representative of a statewide trade
11association representing waste disposal companies, and one
12representative of a national trade association representing
13manufacturers.
 
14    Section 1-86. Public Reporting. Each year, the Agency shall
15post on its website the information it receives pursuant to
16subdivision (b)(4) of Section 1-10 showing the amounts of
17residential CEDs being collected and recycled in each county in
18each program year. The Agency shall notify the General Assembly
19of the availability of this information.
 
20    Section 1-90. Repeal. This Article is repealed on December
2131, 2026.
 
22
ARTICLE 5. AMENDATORY PROVISIONS

 

 

 

SB1417 Enrolled- 38 -LRB100 09551 MJP 19717 b

1    (30 ILCS 105/5.716 rep.)
2    Section 5-5. The State Finance Act is amended by repealing
3Section 5.716.
 
4    Section 5-10. The Environmental Protection Act is amended
5by changing Section 22.15 as follows:
 
6    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
7    Sec. 22.15. Solid Waste Management Fund; fees.
8    (a) There is hereby created within the State Treasury a
9special fund to be known as the "Solid Waste Management Fund",
10to be constituted from the fees collected by the State pursuant
11to this Section, and from repayments of loans made from the
12Fund for solid waste projects, from registration fees collected
13pursuant to the Consumer Electronics Recycling Act, and from
14amounts transferred into the Fund pursuant to this amendatory
15Act of the 100th General Assembly. Moneys received by the
16Department of Commerce and Economic Opportunity in repayment of
17loans made pursuant to the Illinois Solid Waste Management Act
18shall be deposited into the General Revenue Fund.
19    (b) The Agency shall assess and collect a fee in the amount
20set forth herein from the owner or operator of each sanitary
21landfill permitted or required to be permitted by the Agency to
22dispose of solid waste if the sanitary landfill is located off
23the site where such waste was produced and if such sanitary
24landfill is owned, controlled, and operated by a person other

 

 

SB1417 Enrolled- 39 -LRB100 09551 MJP 19717 b

1than the generator of such waste. The Agency shall deposit all
2fees collected into the Solid Waste Management Fund. If a site
3is contiguous to one or more landfills owned or operated by the
4same person, the volumes permanently disposed of by each
5landfill shall be combined for purposes of determining the fee
6under this subsection.
7        (1) If more than 150,000 cubic yards of non-hazardous
8    solid waste is permanently disposed of at a site in a
9    calendar year, the owner or operator shall either pay a fee
10    of 95 cents per cubic yard or, alternatively, the owner or
11    operator may weigh the quantity of the solid waste
12    permanently disposed of with a device for which
13    certification has been obtained under the Weights and
14    Measures Act and pay a fee of $2.00 per ton of solid waste
15    permanently disposed of. In no case shall the fee collected
16    or paid by the owner or operator under this paragraph
17    exceed $1.55 per cubic yard or $3.27 per ton.
18        (2) If more than 100,000 cubic yards but not more than
19    150,000 cubic yards of non-hazardous waste is permanently
20    disposed of at a site in a calendar year, the owner or
21    operator shall pay a fee of $52,630.
22        (3) If more than 50,000 cubic yards but not more than
23    100,000 cubic yards of non-hazardous solid waste is
24    permanently disposed of at a site in a calendar year, the
25    owner or operator shall pay a fee of $23,790.
26        (4) If more than 10,000 cubic yards but not more than

 

 

SB1417 Enrolled- 40 -LRB100 09551 MJP 19717 b

1    50,000 cubic yards of non-hazardous solid waste is
2    permanently disposed of at a site in a calendar year, the
3    owner or operator shall pay a fee of $7,260.
4        (5) If not more than 10,000 cubic yards of
5    non-hazardous solid waste is permanently disposed of at a
6    site in a calendar year, the owner or operator shall pay a
7    fee of $1050.
8    (c) (Blank).
9    (d) The Agency shall establish rules relating to the
10collection of the fees authorized by this Section. Such rules
11shall include, but not be limited to:
12        (1) necessary records identifying the quantities of
13    solid waste received or disposed;
14        (2) the form and submission of reports to accompany the
15    payment of fees to the Agency;
16        (3) the time and manner of payment of fees to the
17    Agency, which payments shall not be more often than
18    quarterly; and
19        (4) procedures setting forth criteria establishing
20    when an owner or operator may measure by weight or volume
21    during any given quarter or other fee payment period.
22    (e) Pursuant to appropriation, all monies in the Solid
23Waste Management Fund shall be used by the Agency and the
24Department of Commerce and Economic Opportunity for the
25purposes set forth in this Section and in the Illinois Solid
26Waste Management Act, including for the costs of fee collection

 

 

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1and administration, and for the administration of (1) the
2Consumer Electronics Recycling Act and (2) until January 1,
32020, the Electronic Products Recycling and Reuse Act.
4    (f) The Agency is authorized to enter into such agreements
5and to promulgate such rules as are necessary to carry out its
6duties under this Section and the Illinois Solid Waste
7Management Act.
8    (g) On the first day of January, April, July, and October
9of each year, beginning on July 1, 1996, the State Comptroller
10and Treasurer shall transfer $500,000 from the Solid Waste
11Management Fund to the Hazardous Waste Fund. Moneys transferred
12under this subsection (g) shall be used only for the purposes
13set forth in item (1) of subsection (d) of Section 22.2.
14    (h) The Agency is authorized to provide financial
15assistance to units of local government for the performance of
16inspecting, investigating and enforcement activities pursuant
17to Section 4(r) at nonhazardous solid waste disposal sites.
18    (i) The Agency is authorized to support the operations of
19an industrial materials exchange service, and to conduct
20household waste collection and disposal programs.
21    (j) A unit of local government, as defined in the Local
22Solid Waste Disposal Act, in which a solid waste disposal
23facility is located may establish a fee, tax, or surcharge with
24regard to the permanent disposal of solid waste. All fees,
25taxes, and surcharges collected under this subsection shall be
26utilized for solid waste management purposes, including

 

 

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1long-term monitoring and maintenance of landfills, planning,
2implementation, inspection, enforcement and other activities
3consistent with the Solid Waste Management Act and the Local
4Solid Waste Disposal Act, or for any other environment-related
5purpose, including but not limited to an environment-related
6public works project, but not for the construction of a new
7pollution control facility other than a household hazardous
8waste facility. However, the total fee, tax or surcharge
9imposed by all units of local government under this subsection
10(j) upon the solid waste disposal facility shall not exceed:
11        (1) 60 per cubic yard if more than 150,000 cubic yards
12    of non-hazardous solid waste is permanently disposed of at
13    the site in a calendar year, unless the owner or operator
14    weighs the quantity of the solid waste received with a
15    device for which certification has been obtained under the
16    Weights and Measures Act, in which case the fee shall not
17    exceed $1.27 per ton of solid waste permanently disposed
18    of.
19        (2) $33,350 if more than 100,000 cubic yards, but not
20    more than 150,000 cubic yards, of non-hazardous waste is
21    permanently disposed of at the site in a calendar year.
22        (3) $15,500 if more than 50,000 cubic yards, but not
23    more than 100,000 cubic yards, of non-hazardous solid waste
24    is permanently disposed of at the site in a calendar year.
25        (4) $4,650 if more than 10,000 cubic yards, but not
26    more than 50,000 cubic yards, of non-hazardous solid waste

 

 

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1    is permanently disposed of at the site in a calendar year.
2        (5) $$650 if not more than 10,000 cubic yards of
3    non-hazardous solid waste is permanently disposed of at the
4    site in a calendar year.
5    The corporate authorities of the unit of local government
6may use proceeds from the fee, tax, or surcharge to reimburse a
7highway commissioner whose road district lies wholly or
8partially within the corporate limits of the unit of local
9government for expenses incurred in the removal of
10nonhazardous, nonfluid municipal waste that has been dumped on
11public property in violation of a State law or local ordinance.
12    A county or Municipal Joint Action Agency that imposes a
13fee, tax, or surcharge under this subsection may use the
14proceeds thereof to reimburse a municipality that lies wholly
15or partially within its boundaries for expenses incurred in the
16removal of nonhazardous, nonfluid municipal waste that has been
17dumped on public property in violation of a State law or local
18ordinance.
19    If the fees are to be used to conduct a local sanitary
20landfill inspection or enforcement program, the unit of local
21government must enter into a written delegation agreement with
22the Agency pursuant to subsection (r) of Section 4. The unit of
23local government and the Agency shall enter into such a written
24delegation agreement within 60 days after the establishment of
25such fees. At least annually, the Agency shall conduct an audit
26of the expenditures made by units of local government from the

 

 

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1funds granted by the Agency to the units of local government
2for purposes of local sanitary landfill inspection and
3enforcement programs, to ensure that the funds have been
4expended for the prescribed purposes under the grant.
5    The fees, taxes or surcharges collected under this
6subsection (j) shall be placed by the unit of local government
7in a separate fund, and the interest received on the moneys in
8the fund shall be credited to the fund. The monies in the fund
9may be accumulated over a period of years to be expended in
10accordance with this subsection.
11    A unit of local government, as defined in the Local Solid
12Waste Disposal Act, shall prepare and distribute to the Agency,
13in April of each year, a report that details spending plans for
14monies collected in accordance with this subsection. The report
15will at a minimum include the following:
16        (1) The total monies collected pursuant to this
17    subsection.
18        (2) The most current balance of monies collected
19    pursuant to this subsection.
20        (3) An itemized accounting of all monies expended for
21    the previous year pursuant to this subsection.
22        (4) An estimation of monies to be collected for the
23    following 3 years pursuant to this subsection.
24        (5) A narrative detailing the general direction and
25    scope of future expenditures for one, 2 and 3 years.
26    The exemptions granted under Sections 22.16 and 22.16a, and

 

 

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1under subsection (k) of this Section, shall be applicable to
2any fee, tax or surcharge imposed under this subsection (j);
3except that the fee, tax or surcharge authorized to be imposed
4under this subsection (j) may be made applicable by a unit of
5local government to the permanent disposal of solid waste after
6December 31, 1986, under any contract lawfully executed before
7June 1, 1986 under which more than 150,000 cubic yards (or
850,000 tons) of solid waste is to be permanently disposed of,
9even though the waste is exempt from the fee imposed by the
10State under subsection (b) of this Section pursuant to an
11exemption granted under Section 22.16.
12    (k) In accordance with the findings and purposes of the
13Illinois Solid Waste Management Act, beginning January 1, 1989
14the fee under subsection (b) and the fee, tax or surcharge
15under subsection (j) shall not apply to:
16        (1) Waste which is hazardous waste; or
17        (2) Waste which is pollution control waste; or
18        (3) Waste from recycling, reclamation or reuse
19    processes which have been approved by the Agency as being
20    designed to remove any contaminant from wastes so as to
21    render such wastes reusable, provided that the process
22    renders at least 50% of the waste reusable; or
23        (4) Non-hazardous solid waste that is received at a
24    sanitary landfill and composted or recycled through a
25    process permitted by the Agency; or
26        (5) Any landfill which is permitted by the Agency to

 

 

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1    receive only demolition or construction debris or
2    landscape waste.
3(Source: P.A. 97-333, eff. 8-12-11.)
 
4    Section 5-15. The Electronic Products Recycling and Reuse
5Act is amended by changing Sections 15, 20, 30, 40, 50, 55, 60,
6and 85 and by adding Section 100 as follows:
 
7    (415 ILCS 150/15)
8    Sec. 15. Statewide recycling and reuse goals for all
9covered electronic devices.
10    (a) For program year 2010, the statewide recycling or reuse
11goal for all CEDs is the product of: (i) the latest population
12estimate for the State, as published on the U.S. Census
13Bureau's website on January 1, 2010; multiplied by (ii) 2.5
14pounds per capita.
15    (b) For program year 2011, the statewide recycling or reuse
16goal for all CEDs is the product of: (i) the 2010 base weight;
17multiplied by (ii) the 2010 goal attainment percentage.
18    For the purposes of this subsection (b):
19    The "2010 base weight" means the greater of: (i) twice the
20total weight of all CEDs that were recycled or processed for
21reuse between January 1, 2010 and June 30, 2010 as reported to
22the Agency under subsection (i) or (j) of Section 30; or (ii)
23twice the total weight of all CEDs that were recycled or
24processed for reuse between January 1, 2010 and June 30, 2010

 

 

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1as reported to the Agency under subsection (c) of Section 55.
2    The "2010 goal attainment percentage" means:
3        (1) 90% if the 2010 base weight is less than 90% of the
4    statewide recycling or reuse goal for program year 2010;
5        (2) 95% if the 2010 base weight is 90% or greater, but
6    does not exceed 95%, of the statewide recycling or reuse
7    goal for program year 2010;
8        (3) 100% if the 2010 base weight is 95% or greater, but
9    does not exceed 105%, of the statewide recycling or reuse
10    goal for program year 2010;
11        (4) 105% if the 2010 base weight is 105% or greater,
12    but does not exceed 110%, of the statewide recycling or
13    reuse goal for program year 2010; and
14        (5) 110% if the 2010 base weight is 110% or greater of
15    the statewide recycling or reuse goal for program year
16    2010.
17    (c) For program year 2012 and for each of the following
18categories of electronic devices, each manufacturer shall
19recycle or reuse at least 40% of the total weight of the
20electronic devices that the manufacturer sold in that category
21in Illinois during the calendar year beginning January 1, 2010:
22computers, monitors, televisions, printers, electronic
23keyboards, facsimile machines, video cassette recorders,
24portable digital music players, digital video disc players,
25video game consoles, electronic mice, scanners, digital
26converter boxes, cable receivers, satellite receivers, digital

 

 

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1video disc recorders, and small-scale servers. To determine the
2manufacturer's annual recycling or reuse goal, the
3manufacturer shall use its own Illinois sales data or its own
4national sales data proportioned to Illinois' share of the U.S.
5population, based on the U.S. Census population estimate for
62009.
7    (c-5) For program year 2013 and program year 2014 and for
8each of the following categories of electronic devices, each
9manufacturer shall recycle or reuse at least 50% of the total
10weight of the electronic devices that the manufacturer sold in
11that category in Illinois during the calendar year 2 years
12before the applicable program year: computers, monitors,
13televisions, printers, electronic keyboards, facsimile
14machines, video cassette recorders, portable digital music
15players, digital video disc players, video game consoles,
16electronic mice, scanners, digital converter boxes, cable
17receivers, satellite receivers, digital video disc recorders,
18and small-scale servers.
19    To determine the manufacturer's annual recycling or reuse
20goal, the manufacturer shall use its own Illinois sales data or
21its own national sales data proportioned to Illinois' share of
22the U.S. population, based on the most recent U.S. Census data.
23    (c-6) For program year 2015, the total annual recycling
24goal for all manufacturers shall be as follows:
25        (1) 30,800,000 pounds for manufacturers of televisions
26    and computer monitors; and

 

 

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1        (2) 15,800,000 pounds for manufacturers of all other
2    covered electronic devices.
3    For program year 2016 and program year 2017 and program
4year 2018, the total annual recycling goal for all
5manufacturers shall be as follows:
6        (1) 34,000,000 pounds for manufacturers of televisions
7    and computer monitors; and
8        (2) 15,600,000 pounds for manufacturers of all other
9    covered electronic devices.
10    An individual manufacturer's annual recycling goal for
11televisions, computer monitors, and all other covered
12electronic devices shall be in proportion to the manufacturer's
13market share of those product types sold in Illinois during the
14calendar year 2 years before the applicable program year.
15    For program year 2018 and thereafter, and for each of the
16following categories of electronic devices, each manufacturer
17shall recycle or reuse at least 50% of the total weight of the
18electronic devices that the manufacturer sold in that category
19in Illinois during the calendar year 2 years before the
20applicable program year: computers, monitors, televisions,
21printers, electronic keyboards, facsimile machines, video
22cassette recorders, portable digital music players, digital
23video disc players, video game consoles, electronic mice,
24scanners, digital converter boxes, cable receivers, satellite
25receivers, digital video disc recorders, and small-scale
26servers.

 

 

SB1417 Enrolled- 50 -LRB100 09551 MJP 19717 b

1    To determine the manufacturer's annual recycling or reuse
2goal for program year 2018 and thereafter, the manufacturer
3shall use its own Illinois sales data or its own national sales
4data proportioned to Illinois' share of the U.S. population,
5based on the most recent U.S. census data.
6    (d) In order to further the policy of the State of Illinois
7to reduce the environmental and economic impacts of
8transporting and managing cathode-ray tube (CRT) glass, and to
9support (i) the beneficial use of CRTs in accordance with
10beneficial use determinations issued by the Agency under
11Section 22.54 of the Environmental Protection Act and (ii) the
12storage of CRTs in retrievable storage cells at locations
13within the State for future recovery, the total weight of a CRT
14device, prior to processing, may be applied toward the
15manufacturer's annual recycling or reuse goal, provided that:
16        (1) all recyclable components are removed from the
17    device; and
18        (2) the glass from the device is either:
19            (A) beneficially reused in accordance with a
20        beneficial use determination issued under Section
21        22.54 of the Environmental Protection Act; or
22            (B) placed in a storage cell, in a manner that
23        allows it to be retrieved in the future, at a waste
24        disposal site that is permitted to accept the glass.
25(Source: P.A. 99-13, eff. 7-10-15.)
 

 

 

SB1417 Enrolled- 51 -LRB100 09551 MJP 19717 b

1    (415 ILCS 150/20)
2    Sec. 20. Agency responsibilities.
3    (a) The Agency has the authority to monitor compliance with
4this Act, enforce violations of the Act by administrative
5citation, and refer violations of this Act to the Attorney
6General.
7    (b) No later than October 1 of each program year, through
8October 1, 2017, the Agency shall post on its website a list of
9underserved counties in the State for the next program year.
10The list of underserved counties for program years 2010 and
112011 is set forth in subsection (a) of Section 60.
12    (c) From July 1, 2009 until December 31, 2015, the Agency
13shall implement a county and municipal government education
14campaign to inform those entities about this Act and the
15implications on solid waste collection in their localities.
16    (c-5) Subject to appropriation, no No later than February
171, 2012 and every February 1 thereafter, through February 1,
182018, the Agency shall use a portion of the manufacturer,
19recycler, and refurbisher registration fees to provide a $2,000
20grant to the recycling coordinator in each county of the State
21in order to inform residents in each county about this Act and
22opportunities to recycle CEDs and EEDs. The recycling
23coordinator shall expend the $2,000 grant before December 31 of
24the program year in which the grant is received. The recycling
25coordinator shall maintain records that document the use of the
26grant funds.

 

 

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1    (c-10) By June 15, 2012 and by December 15, 2012, and by
2every June 15 and December 15 thereafter through December 15,
32015, the Agency shall meet with associations that represent
4Illinois retail merchants twice each year to discuss compliance
5with Section 40.
6    (c-15) By December 15, 2012 and each December 15
7thereafter, through December 15, 2018, the Agency shall post on
8its website: (i) the mailing address of each collection site at
9which collectors collected CEDs and EEDs during the program
10year and (ii) the amount in pounds of total CEDs and total EEDs
11collected at the collection site during the program year.
12    (d) By July 1, 2011 for the first program year, and by May
1315 for all subsequent program years, except for program years
142015, 2016, and 2017, and 2018, the Agency shall report to the
15Governor and to the General Assembly annually on the previous
16program year's performance. The report must be posted on the
17Agency's website. The report must include, but not be limited
18to, the following:
19        (1) the total overall weight of CEDs, as well as the
20    sub-total weight of computers, the sub-total weight of
21    computer monitors, the sub-total weight of printers, the
22    sub-total weight of televisions, and the total weight of
23    EEDs that were recycled or processed for reuse in the State
24    during the program year, as reported by manufacturers and
25    collectors under Sections 30 and 55;
26        (2) a listing of all collection sites, as set forth

 

 

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1    under subsection (a) of Section 55, and the addresses of
2    those sites;
3        (3) a statement showing, for the preceding program
4    year, (i) the total weight of CEDs and EEDs collected,
5    recycled, and processed for reuse by the manufacturers
6    pursuant to Section 30, (ii) the total weight of CEDs
7    processed for reuse by the manufacturers, and (iii) the
8    total weight of CEDs collected by the collectors;
9        (4) a listing of all entities or persons to whom the
10    Agency issued an administrative citation or with respect to
11    which the Agency made a referral for enforcement to the
12    Attorney General's Office as a result of a violation of
13    this Act;
14        (5) a discussion of the Agency's education and outreach
15    activities as set forth in subsection (c) of this Section;
16    and
17        (6) a discussion of the penalties, if any, incurred by
18    manufacturers for failure to achieve recycling goals, and a
19    recommendation to the General Assembly of any necessary or
20    appropriate changes to the manufacturers' recycling goals
21    or penalty provisions included in this Act.
22    For program years 2015, 2016, and 2017, and 2018, the
23Agency shall make available on its website the information
24described in paragraphs (1) through (6) in whatever format it
25deems appropriate.
26    (e) Through program year 2018, the The Agency shall post on

 

 

SB1417 Enrolled- 54 -LRB100 09551 MJP 19717 b

1its website: (1) a list of manufacturers that have paid the
2current year's registration fee as set forth in subsection (b)
3of Section 30; (2) a list of manufacturers that failed to pay
4the current year's registration fee as set forth in subsection
5(b) of Section 30; and (3) a list of registered collectors, the
6addresses of their collection sites, their business telephone
7numbers, and a link to their websites.
8    (f) In program years 2012, 2013, and 2014, and at its
9discretion thereafter, the Agency shall convene and host an
10Electronic Products Recycling Conference. The Agency may host
11the conferences alone or with other public entities or with
12organizations associated with electronic products recycling.
13    (g) No later than October 1 of each program year, through
14October 1, 2017, the Agency must post on its website the
15following information for the next program year: (i) the
16individual recycling and reuse goals for each manufacturer, as
17set forth in subsections (c) and (c-5) of Section 15, as
18applicable, and (ii) the total statewide recycling goal,
19determined by adding each individual manufacturer's annual
20goal.
21    (h) By April 1, 2011, and by April 1 of all subsequent
22years, through April 1, 2019, the Agency shall award those
23manufacturers that have met or exceeded their recycling or
24reuse goals for the previous program year with an Electronic
25Industry Recycling Award. The award shall acknowledge that the
26manufacturer has met or exceeded its recycling goals and shall

 

 

SB1417 Enrolled- 55 -LRB100 09551 MJP 19717 b

1be posted on the Agency website and in other media as
2appropriate.
3    (i) By March 1, 2011, and by March 1 of each subsequent
4year, through March 1, 2019, the Agency shall post on its
5website a list of registered manufacturers that have not met
6their annual recycling and reuse goal for the previous program
7year.
8    (j) By July 1, 2015, the Agency shall solicit written
9comments regarding all aspects of the program codified in this
10Act, for the purpose of determining if the program requires any
11modifications.
12        (1) Issues to be reviewed by the Agency are, but not
13    limited to, the following:
14            (A) Sufficiency of the annual statewide recycling
15        goals.
16            (B) Fairness of the formulas used to determine
17        individual manufacturer goals.
18            (C) Adequacy of, or the need for, continuation of
19        the credits outlined in Section 30(d)(1) through (3).
20            (D) Any temporary rescissions of county landfill
21        bans granted by the Illinois Pollution Control Board
22        pursuant to Section 95(e).
23            (E) Adequacy of, or the need for, the penalties
24        listed in Section 80 of this Act, which are scheduled
25        to take effect on January 1, 2013.
26            (F) Adequacy of the collection systems that have

 

 

SB1417 Enrolled- 56 -LRB100 09551 MJP 19717 b

1        been implemented as a result of this Act, with a
2        particular focus on promoting the most cost-effective
3        and convenient collection system possible for Illinois
4        residents.
5        (2) By July 1, 2015, the Agency shall complete its
6    review of the written comments received, as well as its own
7    reports on the preceding program years. By August 1, 2015,
8    the Agency shall hold a public hearing to present its
9    findings and solicit additional comments. All additional
10    comments shall be submitted to the Agency in writing no
11    later than October 1, 2015.
12        (3) The Agency's final report, which shall be issued no
13    later than February 1, 2016, shall be submitted to the
14    Governor and the General Assembly and shall include
15    specific recommendations for any necessary or appropriate
16    modifications to the program.
17    (k) Through December 31, 2019, any Any violation of this
18Act shall be enforceable by administrative citation. Whenever
19the Agency personnel or county personnel to whom the Agency has
20delegated the authority to monitor compliance with this Act
21shall, on the basis of direct observation, determine that any
22person has violated any provision of this Act, the Agency or
23county personnel may issue and serve, within 60 days after the
24observed violation, an administrative citation upon that
25person or the entity employing that person. Each citation shall
26be served upon the person named or the person's authorized

 

 

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1agent for service of process and shall include the following:
2        (1) a statement specifying the provisions of this Act
3    that the person or the entity employing the person has
4    violated;
5        (2) a copy of the inspection report in which the Agency
6    or local government recorded the violation and the date and
7    time of the inspection;
8        (3) the penalty imposed under Section 80; and
9        (4) an affidavit by the personnel observing the
10    violation, attesting to their material actions and
11    observations.
12    (l) If the person named in the administrative citation
13fails to petition the Illinois Pollution Control Board for
14review within 35 days after the date of service, the Board
15shall adopt a final order, which shall include the
16administrative citation and findings of violation as alleged in
17the citation and shall impose the penalty specified in Section
1880.
19    (m) If a petition for review is filed with the Board to
20contest an administrative citation issued under this Section,
21the Agency or unit of local government shall appear as a
22complainant at a hearing before the Board to be conducted
23pursuant to subsection (n) of this Section at a time not less
24than 21 days after notice of the hearing has been sent by the
25Board to the Agency or unit of local government and the person
26named in the citation. In those hearings, the burden of proof

 

 

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1shall be on the Agency or unit of local government. If, based
2on the record, the Board finds that the alleged violation
3occurred, it shall adopt a final order, which shall include the
4administrative citation and findings of violation as alleged in
5the citation, and shall impose the penalty specified in Section
680 of this Act. However, if the Board finds that the person
7appealing the citation has shown that the violation resulted
8from uncontrollable circumstances, the Board shall adopt a
9final order that makes no finding of violation and imposes no
10penalty.
11    (n) All hearings under this Act shall be held before a
12qualified hearing officer, who may be attended by one or more
13members of the Board, designated by the Chairman. All of these
14hearings shall be open to the public, and any person may submit
15written statements to the Board in connection with the subject
16of these hearings. In addition, the Board may permit any person
17to offer oral testimony. Any party to a hearing under this
18subsection may be represented by counsel, make oral or written
19argument, offer testimony, cross-examine witnesses, or take
20any combination of those actions. All testimony taken before
21the Board shall be recorded stenographically. The transcript so
22recorded and any additional matter accepted for the record
23shall be open to public inspection, and copies of those
24materials shall be made available to any person upon payment of
25the actual cost of reproducing the original.
26    (o) Through December 31, 2019, counties Counties that have

 

 

SB1417 Enrolled- 59 -LRB100 09551 MJP 19717 b

1entered into a delegation agreement with the Agency pursuant to
2subsection (r) of Section 4 of the Illinois Environmental
3Protection Act for the purpose of conducting inspection,
4investigation, or enforcement-related functions may conduct
5inspections for noncompliance with this Act.
6(Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.)
 
7    (415 ILCS 150/30)
8    Sec. 30. Manufacturer responsibilities.
9    (a) Prior to April 1, 2009 for the first program year, and
10by October 1 for program year 2011 and each program year
11thereafter, through program year 2018, manufacturers who sell
12computers, computer monitors, printers, televisions,
13electronic keyboards, facsimile machines, videocassette
14recorders, portable digital music players, digital video disc
15players, video game consoles, electronic mice, scanners,
16digital converter boxes, cable receivers, satellite receivers,
17digital video disc recorders, or small-scale servers in this
18State must register with the Agency. The registration must be
19submitted in the form and manner required by the Agency. The
20registration must include, without limitation, all of the
21following:
22        (1) a list of all of the manufacturer's brands of
23    computers, computer monitors, printers, televisions,
24    electronic keyboards, facsimile machines, videocassette
25    recorders, portable digital music players, digital video

 

 

SB1417 Enrolled- 60 -LRB100 09551 MJP 19717 b

1    disc players, video game consoles, electronic mice,
2    scanners, digital converter boxes, cable receivers,
3    satellite receivers, digital video disc recorders, and
4    small-scale servers to be offered for sale in the next
5    program year;
6        (2) (blank); and
7        (3) a statement disclosing whether any of the
8    manufacturer's computers, computer monitors, printers,
9    televisions, electronic keyboards, facsimile machines,
10    videocassette recorders, portable digital music players,
11    digital video disc players, video game consoles,
12    electronic mice, scanners, digital converter boxes, cable
13    receivers, satellite receivers, digital video disc
14    recorders, or small-scale servers sold in this State exceed
15    the maximum concentration values established for lead,
16    mercury, cadmium, hexavalent chromium, polybrominated
17    biphenyls (PBBs), and polybrominated diphenyl ethers
18    (PBDEEs) under the RoHS (restricting the use of certain
19    hazardous substances in electrical and electronic
20    equipment) Directive 2002/95/EC of the European Parliament
21    and Council and any amendments thereto and, if so, an
22    identification of the aforementioned electronic device
23    that exceeds the directive.
24    If, during the program year, any of the manufacturer's
25aforementioned electronic devices are sold or offered for sale
26in Illinois under a new brand that is not listed in the

 

 

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1manufacturer's registration, then, within 30 days after the
2first sale or offer for sale under the new brand, the
3manufacturer must amend its registration to add the new brand.
4    (b) Prior to July 1, 2009 for the first program year, and
5by the November 1 preceding each program year thereafter,
6through program year 2018 years 2011 and later, all
7manufacturers whose computers, computer monitors, printers,
8televisions, electronic keyboards, facsimile machines,
9videocassette recorders, portable digital music players,
10digital video disc players, video game consoles, electronic
11mice, scanners, digital converter boxes, cable receivers,
12satellite receivers, digital video disc recorders, or
13small-scale servers are offered for sale in the State shall
14submit to the Agency, at an address prescribed by the Agency,
15the registration fee for the next program year. The
16registration fee for program year 2010 is $5,000. The
17registration fee for program year 2011 is $5,000, increased by
18the applicable inflation factor as described below. In program
19year 2012, if, in program year 2011, a manufacturer sold 250 or
20fewer of the aforementioned electronic devices in the State,
21then the registration fee for that manufacturer is $1,250. In
22each program year after 2012, if, in the preceding program
23year, a manufacturer sold 250 or fewer of the aforementioned
24electronic devices in the State, then the registration fee is
25the fee that applied in the previous year to manufacturers that
26sold that number of the aforementioned electronic devices,

 

 

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1increased by the applicable inflation factor as described
2below. In program year 2012, if, in the preceding program year
3a manufacturer sold 251 or more of the aforementioned
4electronic devices in the State, then the registration fee for
5that manufacturer is $5,000. In each program year after 2012
6through program year 2018, if, in the preceding program year, a
7manufacturer sold 251 or more of the aforementioned electronic
8devices in the State, then the registration fee is the fee that
9applied in the previous year to manufacturers that sold that
10number of the aforementioned electronic devices, increased by
11the applicable inflation factor as described below. For program
12year 2011, program year 2013, and each program year thereafter,
13through program year 2018, the applicable registration fee is
14increased each year by an inflation factor determined by the
15annual Implicit Price Deflator for Gross National Product, as
16published by the U.S. Department of Commerce in its Survey of
17Current Business. The inflation factor must be calculated each
18year by dividing the latest published annual Implicit Price
19Deflator for Gross National Product by the annual Implicit
20Price Deflator for Gross National Product for the previous
21year. The inflation factor must be rounded to the nearest
221/100th, and the resulting registration fee must be rounded to
23the nearest whole dollar. No later than October 1 of each
24program year, through October 1, 2017, the Agency shall post on
25its website the registration fee for the next program year.
26    (c) Through program year 2018, a A manufacturer whose

 

 

SB1417 Enrolled- 63 -LRB100 09551 MJP 19717 b

1computers, computer monitors, printers, televisions,
2electronic keyboards, facsimile machines, videocassette
3recorders, portable digital music players, digital video disc
4players, video game consoles, electronic mice, scanners,
5digital converter boxes, cable receivers, satellite receivers,
6digital video disc recorders, or small-scale servers are sold
7or offered for sale in this State on or after January 1 of a
8program year must register with the Agency within 30 days after
9the first sale or offer for sale in accordance with subsection
10(a) of this Section and submit the registration fee required
11under subsection (b) of this Section prior to the
12aforementioned electronic devices being sold or offered for
13sale.
14    (d) Through program year 2018, each Each manufacturer shall
15recycle or process for reuse CEDs and EEDs whose total weight
16equals or exceeds the manufacturer's individual recycling and
17reuse goal set forth in Section 15 of this Act. Individual
18consumers shall not be charged a fee when bringing their CEDs
19and EEDs to collection locations, unless a financial incentive
20of equal or greater value, such as a coupon, is provided.
21Collectors may charge a fee for premium services such as
22curbside collection, home pick-up, or a similar method of
23collection.
24    When determining whether a manufacturer has met or exceeded
25its individual recycling and reuse goal set forth in Section 15
26of this Act, all of the following adjustments must be made:

 

 

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1        (1) The total weight of CEDs processed by the
2    manufacturer, its recyclers, or its refurbishers for reuse
3    is doubled.
4        (2) The total weight of CEDs is tripled if they are
5    donated for reuse by the manufacturer to a primary or
6    secondary public education institution the majority of
7    whose students are considered low income or
8    developmentally disabled or to low-income children or
9    families or to assist the developmentally disabled in
10    Illinois. This subsection applies only to CEDs for which
11    the manufacturer has received a written confirmation that
12    the recipient has accepted the donation. Copies of all
13    written confirmations must be submitted in the annual
14    report required under Section 30.
15        (3) The total weight of CEDs collected by manufacturers
16    free of charge in underserved counties is doubled. This
17    subsection applies only to CEDs that are documented by
18    collectors as being collected or received free of charge in
19    underserved counties. This documentation must include,
20    without limitation, the date and location of collection or
21    receipt, the weight of the CEDs collected or received, and
22    an acknowledgement by the collector that the CEDs were
23    collected or received free of charge. Copies of the
24    documentation must be submitted in the annual report
25    required under subsection (h), (i), (j), (k), or (l) of
26    Section 30.

 

 

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1        (4) If an entity (i) collects, recycles, or refurbishes
2    CEDs for a manufacturer, (ii) qualifies for non-profit
3    status under Section 501(c)(3) of the Internal Revenue Code
4    of 1986, and (iii) at least 75% of its employees are
5    developmentally disabled, then the total weight of CEDs
6    will be tripled. A manufacturer that uses such a recycler
7    or refurbisher shall submit documentation in the annual
8    report required under Section 30 identifying the name,
9    location, and length of service of the entity that
10    qualifies for credit under this subsection.
11    (e) (Blank).
12    (f) Through program year 2018, manufacturers Manufacturers
13shall ensure that only recyclers and refurbishers that have
14registered with the Agency are used to meet the individual
15recycling and reuse goals set forth in this Act.
16    (g) Through program year 2018, manufacturers Manufacturers
17shall ensure that the recyclers and refurbishers used to meet
18the individual recycling and reuse goals set forth in this Act
19shall, at a minimum, comply with the standards set forth under
20subsection (d) of Section 50 of this Act. By November 1, 2011
21and every November 1 thereafter, through November 1, 2017,
22manufacturers shall submit a document, as prescribed by the
23Agency, listing each registered recycler and refurbisher that
24will be used to meet the manufacturer's annual CED recycling
25and reuse goal and certifying that those recyclers or
26refurbishers comply with the standards set forth in subsection

 

 

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1(d) of Section 50.
2    (h) By September 1, 2012 and every September 1 thereafter,
3through September 1, 2017, manufacturers of computers,
4computer monitors, printers, televisions, electronic
5keyboards, facsimile machines, videocassette recorders,
6portable digital music players, digital video disc players,
7video game consoles, electronic mice, scanners, digital
8converter boxes, cable receivers, satellite receivers, digital
9video disc recorders, or small-scale servers shall submit to
10the Agency, in the form and manner required by the Agency, a
11report that contains the total weight of the aforementioned
12electronic devices sold under each of the manufacturer's brands
13to individuals in this State as calculated under subsection (c)
14and (c-5) of Section 15, as applicable. Each manufacturer shall
15indicate on the report whether the total weight of the
16aforementioned electronic devices was derived from its own
17sales records or national sales data. If a manufacturer's
18weight for aforementioned electronic devices is derived from
19national sales data, the manufacturer shall indicate the source
20of the sales data.
21    (i) (Blank).
22    (j) (Blank).
23    (k) (Blank).
24    (l) On or before January 31, 2013 and on or before every
25January 31 thereafter, through January 31, 2019, manufacturers
26of computers, computer monitors, printers, televisions,

 

 

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1electronic keyboards, facsimile machines, videocassette
2recorders, portable digital music players, digital video disc
3players, video game consoles, electronic mice, scanners,
4digital converter boxes, cable receivers, satellite receivers,
5digital video disc recorders, and small-scale servers shall
6submit to the Agency, on forms and in a format prescribed by
7the Agency, a report that contains all of the following
8information for the previous program year:
9        (1) The total weight of computers, the total weight of
10    computer monitors, the total weight of printers, facsimile
11    machines, and scanners, the total weight of televisions,
12    the total weight of the remaining CEDs, and the total
13    weight of EEDs recycled or processed for reuse.
14        (2) The identification of all weights that are adjusted
15    under subsection (d) of this Section. For all weights
16    adjusted under item (2) of subsection (d), the manufacturer
17    must include copies of the written confirmation required
18    under that subsection.
19        (3) A list of each recycler, refurbisher, and collector
20    used by the manufacturer to fulfill the manufacturer's
21    individual recycling and reuse goal set forth in
22    subsections (c) and (c-5) of Section 15 of this Act.
23        (4) A summary of the manufacturer's consumer education
24    program required under subsection (m) of this Section.
25    (m) Through program year 2018, manufacturers Manufacturers
26must develop and maintain a consumer education program that

 

 

SB1417 Enrolled- 68 -LRB100 09551 MJP 19717 b

1complements and corresponds to the primary retailer-driven
2campaign required under Section 40 of this Act. The education
3program shall promote the recycling of electronic products and
4proper end-of-life management of the products by consumers.
5    (n) Beginning January 1, 2012, and through December 31,
62018, no manufacturer may sell a computer, computer monitor,
7printer, television, electronic keyboard, facsimile machine,
8videocassette recorder, portable digital music player, digital
9video disc player, video game console, electronic mouse,
10scanner, digital converter box, cable receiver, satellite
11receiver, digital video disc recorder, or small-scale server in
12this State unless the manufacturer is registered with the State
13as required under this Act, has paid the required registration
14fee, and is otherwise in compliance with the provisions of this
15Act.
16    (o) Beginning January 1, 2012, and through December 31,
172018, no manufacturer may sell a computer, computer monitor,
18printer, television, electronic keyboard, facsimile machine,
19videocassette recorder, portable digital music player, digital
20video disc player, video game console, electronic mouse,
21scanner, digital converter box, cable receiver, satellite
22receiver, digital video disc recorder, or small-scale server in
23this State unless the manufacturer's brand name is permanently
24affixed to, and is readily visible on, the computer, computer
25monitor, printer, or television.
26(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
 

 

 

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1    (415 ILCS 150/40)
2    Sec. 40. Retailer responsibilities.
3    (a) Through program year 2018, retailers Retailers shall be
4a primary source of information about end-of-life options to
5residential consumers of computers, computer monitors,
6printers, and televisions. At the time of sale, the retailer
7shall provide each residential consumer with information from
8the Agency's website that provides information detailing where
9and how a consumer can recycle a CED or return a CED for reuse.
10    (b) Beginning January 1, 2010, and through December 31,
112018, no retailer may sell or offer for sale any computer,
12computer monitor, printer, or television in or for delivery
13into this State unless:
14        (1) the computer, computer monitor, printer, or
15    television is labeled with a brand and the label is
16    permanently affixed and readily visible; and
17        (2) the manufacturer is registered with the Agency and
18    has paid the required registration fee as required under
19    Section 20 of this Act.
20This subsection (b) does not apply to any computer, computer
21monitor, printer, or television that was purchased prior to
22January 1, 2010.
23    (c) By July 1, 2009, retailers shall report to each
24television manufacturer, by model, the number of televisions
25sold at retail to individuals in this State under each of the

 

 

SB1417 Enrolled- 70 -LRB100 09551 MJP 19717 b

1manufacturer's brands during the 6-month period from October 1,
22008 through March 31, 2009.
3    (d) (Blank).
4    (e) (Blank).
5    (f) Notwithstanding any other provision in this Act, a
6retailer may collect a fee for any CED or EED accepted.
7(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
8    (415 ILCS 150/50)
9    Sec. 50. Recycler and refurbisher registration.
10    (a) Prior to January 1 of each program year, through
11program year 2018, each recycler and refurbisher must register
12with the Agency and submit a registration fee pursuant to
13subsection (b) for that program year. Registration must be on
14forms and in a format prescribed by the Agency and shall
15include, but not be limited to, the address of each location
16where the recycler or refurbisher manages CEDs or EEDs and
17identification of each location at which the recycler or
18refurbisher accepts CEDs or EEDs from a residence.
19    (b) The registration fee for program year 2010 is $2,000.
20For program year 2011, if a recycler's or refurbisher's annual
21combined total weight of CEDs and EEDs is less than 1,000 tons
22per year, the registration fee shall be $500. For program year
232012 and for all subsequent program years, through program year
242018, both registration fees shall be increased each year by an
25inflation factor determined by the annual Implicit Price

 

 

SB1417 Enrolled- 71 -LRB100 09551 MJP 19717 b

1Deflator for Gross National Product as published by the U.S.
2Department of Commerce in its Survey of Current Business. The
3inflation factor must be calculated each year by dividing the
4latest published annual Implicit Price Deflator for Gross
5National Product by the annual Implicit Price Deflator for
6Gross National Product for the previous year. The inflation
7factor must be rounded to the nearest 1/100th, and the
8resulting registration fee must be rounded to the nearest whole
9dollar. No later than October 1 of each program year, through
10October 1, 2017, the Agency shall post on its website the
11registration fee for the next program year.
12    (c) Through program year 2018, no No person may act as a
13recycler or a refurbisher of CEDs for a manufacturer obligated
14to meet goals under this Act unless the recycler or refurbisher
15is registered with the Agency and has paid the registration fee
16as required under this Section. Beginning in program year 2016,
17and through program year 2018, all recycling or refurbishing
18facilities used by collectors of CEDs and EEDs shall be
19accredited by the Responsible Recycling (R2) Practices or
20e-Stewards certification programs or any other equivalent
21certification programs recognized by the United States
22Environmental Protection Agency. Manufacturers of CEDs and
23EEDs shall ensure that recycling or refurbishing facilities
24used as part of their recovery programs meet this requirement.
25    (c-5) Through program year 2018, a A registered recycler or
26refurbisher of CEDs and EEDs for a manufacturer obligated to

 

 

SB1417 Enrolled- 72 -LRB100 09551 MJP 19717 b

1meet goals under this Act may not charge individual consumers
2or units of local government acting as collectors a fee to
3recycle or refurbish CEDs and EEDs, unless the recycler or
4refurbisher provides (i) a financial incentive, such as a
5coupon, that is of greater or equal value to the fee being
6charged or (ii) premium service, such as curbside collection,
7home pick-up, or similar methods of collection. Local units of
8government serving as collectors of CEDs and EEDs shall not
9charge a manufacturer for collection costs and shall offer the
10manufacturer or its representative all CEDs and EEDs collected
11by the local government at no cost. Nothing in this Act
12requires a local unit of government to serve as a collector.
13    (c-10) Nothing in this Act prohibits any waste hauler from
14entering into a contractual agreement with a unit of local
15government to establish a collection program for the recycling
16or reuse of CEDs or EEDs, including services such as curbside
17collection, home pick-up, drop-off locations, or similar
18methods of collection.
19    (d) Through program year 2018, recyclers Recyclers and
20refurbishers must, at a minimum, comply with all of the
21following:
22        (1) Recyclers and refurbishers must comply with
23    federal, State, and local laws and regulations, including
24    federal and State minimum wage laws, specifically relevant
25    to the handling, processing, refurbishing and recycling of
26    residential CEDs and must have proper authorization by all

 

 

SB1417 Enrolled- 73 -LRB100 09551 MJP 19717 b

1    appropriate governing authorities to perform the handling,
2    processing, refurbishment, and recycling.
3        (2) Recyclers and refurbishers must implement the
4    appropriate measures to safeguard occupational and
5    environmental health and safety, through the following:
6            (A) environmental health and safety training of
7        personnel, including training with regard to material
8        and equipment handling, worker exposure, controlling
9        releases, and safety and emergency procedures;
10            (B) an up-to-date, written plan for the
11        identification and management of hazardous materials;
12        and
13            (C) an up-to-date, written plan for reporting and
14        responding to exceptional pollutant releases,
15        including emergencies such as accidents, spills,
16        fires, and explosions.
17        (3) Recyclers and refurbishers must maintain (i)
18    commercial general liability insurance or the equivalent
19    corporate guarantee for accidents and other emergencies
20    with limits of not less than $1,000,000 per occurrence and
21    $1,000,000 aggregate and (ii) pollution legal liability
22    insurance with limits not less than $1,000,000 per
23    occurrence for companies engaged solely in the dismantling
24    activities and $5,000,000 per occurrence for companies
25    engaged in recycling.
26        (4) Recyclers and refurbishers must maintain on file

 

 

SB1417 Enrolled- 74 -LRB100 09551 MJP 19717 b

1    documentation that demonstrates the completion of an
2    environmental health and safety audit completed and
3    certified by a competent internal and external auditor
4    annually. A competent auditor is an individual who, through
5    professional training or work experience, is appropriately
6    qualified to evaluate the environmental health and safety
7    conditions, practices, and procedures of the facility.
8    Documentation of auditors' qualifications must be
9    available for inspection by Agency officials and
10    third-party auditors.
11        (5) Recyclers and refurbishers must maintain on file
12    proof of workers' compensation and employers' liability
13    insurance.
14        (6) Recyclers and refurbishers must provide adequate
15    assurance (such as bonds or corporate guarantee) to cover
16    environmental and other costs of the closure of the
17    recycler or refurbisher's facility, including cleanup of
18    stockpiled equipment and materials.
19        (7) Recyclers and refurbishers must apply due
20    diligence principles to the selection of facilities to
21    which components and materials (such as plastics, metals,
22    and circuit boards) from CEDs and EEDs are sent for reuse
23    and recycling.
24        (8) Recyclers and refurbishers must establish a
25    documented environmental management system that is
26    appropriate in level of detail and documentation to the

 

 

SB1417 Enrolled- 75 -LRB100 09551 MJP 19717 b

1    scale and function of the facility, including documented
2    regular self-audits or inspections of the recycler or
3    refurbisher's environmental compliance at the facility.
4        (9) Recyclers and refurbishers must use the
5    appropriate equipment for the proper processing of
6    incoming materials as well as controlling environmental
7    releases to the environment. The dismantling operations
8    and storage of CED and EED components that contain
9    hazardous substances must be conducted indoors and over
10    impervious floors. Storage areas must be adequate to hold
11    all processed and unprocessed inventory. When heat is used
12    to soften solder and when CED and EED components are
13    shredded, operations must be designed to control indoor and
14    outdoor hazardous air emissions.
15        (10) Recyclers and refurbishers must establish a
16    system for identifying and properly managing components
17    (such as circuit boards, batteries, CRTs, and mercury
18    phosphor lamps) that are removed from CEDs and EEDs during
19    disassembly. Recyclers and refurbishers must properly
20    manage all hazardous and other components requiring
21    special handling from CEDs and EEDs consistent with
22    federal, State, and local laws and regulations. Recyclers
23    and refurbishers must provide visible tracking (such as
24    hazardous waste manifests or bills of lading) of hazardous
25    components and materials from the facility to the
26    destination facilities and documentation (such as

 

 

SB1417 Enrolled- 76 -LRB100 09551 MJP 19717 b

1    contracts) stating how the destination facility processes
2    the materials received. No recycler or refurbisher may
3    send, either directly or through intermediaries, hazardous
4    wastes to solid waste (non-hazardous waste) landfills or to
5    non-hazardous waste incinerators for disposal or energy
6    recovery. For the purpose of these guidelines, smelting of
7    hazardous wastes to recover metals for reuse in conformance
8    with all applicable laws and regulations is not considered
9    disposal or energy recovery.
10        (11) Recyclers and refurbishers must use a regularly
11    implemented and documented monitoring and record-keeping
12    program that tracks inbound CED and EED material weights
13    (total) and subsequent outbound weights (total to each
14    destination), injury and illness rates, and compliance
15    with applicable permit parameters including monitoring of
16    effluents and emissions. Recyclers and refurbishers must
17    maintain contracts or other documents, such as sales
18    receipts, suitable to demonstrate: (i) the reasonable
19    expectation that there is a downstream market or uses for
20    designated electronics (which may include recycling or
21    reclamation processes such as smelting to recover metals
22    for reuse); and (ii) that any residuals from recycling or
23    reclamation processes, or both, are properly handled and
24    managed to maximize reuse and recycling of materials to the
25    extent practical.
26        (12) Recyclers and refurbishers must comply with

 

 

SB1417 Enrolled- 77 -LRB100 09551 MJP 19717 b

1    federal and international law and agreements regarding the
2    export of used products or materials. In the case of
3    exports of CEDs and EEDs, recyclers and refurbishers must
4    comply with applicable requirements of the U.S. and of the
5    import and transit countries and must maintain proper
6    business records documenting its compliance. No recycler
7    or refurbisher may establish or use intermediaries for the
8    purpose of circumventing these U.S. import and transit
9    country requirements.
10        (13) Recyclers and refurbishers that conduct
11    transactions involving the transboundary shipment of used
12    CEDs and EEDs shall use contracts (or the equivalent
13    commercial arrangements) made in advance that detail the
14    quantity and nature of the materials to be shipped. For the
15    export of materials to a foreign country (directly or
16    indirectly through downstream market contractors): (i) the
17    shipment of intact televisions and computer monitors
18    destined for reuse must include only whole products that
19    are tested and certified as being in working order or
20    requiring only minor repair (e.g. not requiring the
21    replacement of circuit boards or CRTs), must be destined
22    for reuse with respect to the original purpose, and the
23    recipient must have verified a market for the sale or
24    donation of such product for reuse; (ii) the shipments of
25    CEDs and EEDs for material recovery must be prepared in a
26    manner for recycling, including, without limitation,

 

 

SB1417 Enrolled- 78 -LRB100 09551 MJP 19717 b

1    smelting where metals will be recovered, plastics recovery
2    and glass-to-glass recycling; or (iii) the shipment of CEDs
3    and EEDs are being exported to companies or facilities that
4    are owned or controlled by the original equipment
5    manufacturer.
6        (14) Recyclers and refurbishers must maintain the
7    following export records for each shipment on file for a
8    minimum of 3 years: (i) the facility name and the address
9    to which shipment is exported; (ii) the shipment contents
10    and volumes; (iii) the intended use of contents by the
11    destination facility; (iv) any specification required by
12    the destination facility in relation to shipment contents;
13    (v) an assurance that all shipments for export, as
14    applicable to the CED manufacturer, are legal and satisfy
15    all applicable laws of the destination country.
16        (15) Recyclers and refurbishers must employ
17    industry-accepted procedures for the destruction or
18    sanitization of data on hard drives and other data storage
19    devices. Acceptable guidelines for the destruction or
20    sanitization of data are contained in the National
21    Institute of Standards and Technology's Guidelines for
22    Media Sanitation or those guidelines certified by the
23    National Association for Information Destruction;
24        (16) No recycler or refurbisher may employ prison labor
25    in any operation related to the collection,
26    transportation, recycling, and refurbishment of CEDs and

 

 

SB1417 Enrolled- 79 -LRB100 09551 MJP 19717 b

1    EEDs. No recycler or refurbisher may employ any third party
2    that uses or subcontracts for the use of prison labor.
3(Source: P.A. 99-13, eff. 7-10-15.)
 
4    (415 ILCS 150/55)
5    Sec. 55. Collector responsibilities.
6    (a) No later than January 1 of each program year, through
7program year 2018, collectors that collect or receive CEDs or
8EEDs for one or more manufacturers, recyclers, or refurbishers
9shall register with the Agency. Registration must be in the
10form and manner required by the Agency and must include,
11without limitation, the address of each location where CEDs or
12EEDs are received and the identification of each location at
13which the collector accepts CEDs or EEDs from a residence.
14Beginning January 1, 2016, and through December 31, 2018,
15collectors shall work only with certified recyclers and
16refurbishers as provided in subsection (c) of Section 50 of
17this Act.
18    (b) Through program year 2018, manufacturers
19Manufacturers, recyclers, refurbishers also acting as
20collectors shall so indicate on their registration under
21Section 30 or 50 and not register separately as collectors.
22    (c) No later than August 15, 2010, collectors must submit
23to the Agency, on forms and in a format prescribed by the
24Agency, a report for the period from January 1, 2010 through
25June 30, 2010 that contains the following information: the

 

 

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1total weight of computers, the total weight of computer
2monitors, the total weight of printers, the total weight of
3televisions, and the total weight of EEDs collected or received
4for each manufacturer.
5    (d) By January 31 of each program year, through January 31,
62019, collectors must submit to the Agency, on forms and in a
7format prescribed by the Agency, a report that contains the
8following information for the previous program year:
9        (1) The total weight of computers, the total weight of
10    computer monitors, the total weight of printers, facsimile
11    machines, and scanners, the total weight of televisions,
12    the total weight of the remaining CEDs collected, and the
13    total weight of EEDs collected or received for each
14    manufacturer during the previous program year.
15        (2) A list of each recycler and refurbisher that
16    received CEDs and EEDs from the collector and the total
17    weight each recycler and refurbisher received.
18        (3) The address of each collector's facility where the
19    CEDs and EEDs were collected or received. Each facility
20    address must include the county in which the facility is
21    located.
22    (e) Through program year 2018, collectors Collectors may
23accept no more than 10 CEDs or EEDs at one time from individual
24members of the public and, when scheduling collection events,
25shall provide no fewer than 30 days' notice to the county waste
26agency of those events.

 

 

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1    (f) Through program year 2018, no No collector of CEDs and
2EEDs may recycle, or refurbish for reuse or resale, CEDs or
3EEDs to a third party unless the collector registers as a
4recycler or refurbisher pursuant to Section 50 and pays the
5registration fee pursuant to Section 50.
6(Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.)
 
7    (415 ILCS 150/60)
8    Sec. 60. Collection strategy for underserved counties.
9    (a) For program year 2010 and 2011, all counties in this
10State except the following are considered underserved:
11Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock,
12Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston,
13Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock
14Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren,
15Will, Williamson, and Winnebago.
16    (b) For program year 2012 and each program year thereafter,
17through program year 2018, underserved counties shall be those
18counties within the State of Illinois with a population density
19of 190 persons or less per square mile based on the most recent
20U.S. Census population estimate.
21(Source: P.A. 97-287, eff. 8-10-11.)
 
22    (415 ILCS 150/85)
23    Sec. 85. Electronics Recycling Fund. The Electronics
24Recycling Fund is created as a special fund in the State

 

 

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1treasury. The Agency shall deposit all registration fees
2received under this Act into the Fund. All amounts held in the
3Fund shall be invested at interest by the State Treasurer. All
4income earned from the investments shall be deposited into the
5Electronics Recycling Fund no less frequently than quarterly.
6Pursuant to appropriation, all moneys in the Electronics
7Recycling Fund may be used by the Agency for its administration
8of this Act and the Consumer Electronics Recycling Act. Any
9moneys appropriated from the Electronics Recycling Fund, but
10not obligated, shall revert to the Fund. On July 1, 2018, the
11Comptroller shall order transferred, and the Treasurer shall
12transfer, all unexpended moneys in the Electronics Recycling
13Fund into the Solid Waste Management Fund. On December 31,
142019, the Comptroller shall order transferred, and the
15Treasurer shall transfer, any remaining balance in the
16Electronics Recycling Fund into the Solid Waste Management
17Fund.
18(Source: P.A. 95-959, eff. 9-17-08.)
 
19    (415 ILCS 150/100 new)
20    Sec. 100. Repeal. This Act is repealed on January 1, 2019.
 
21
ARTICLE 98. SEVERABILITY

 
22    Section 98-5. Severability. The provisions of this Act are
23severable under Section 1.31 of the Statute on Statutes.
 

 

 

SB1417 Enrolled- 83 -LRB100 09551 MJP 19717 b

1
ARTICLE 99. EFFECTIVE DATE

 
2    Section 99-999. Effective date. This Act takes effect upon
3becoming law, except that Section 5-5 takes effect on January
41, 2020.