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Full Text of SB3442  97th General Assembly

SB3442enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Plastic Bag and Film Recycling Act.
 
6    Section 5. Findings and purpose.
7    (a) The General Assembly finds all of the following:
8        (1) Senate Bill 303 of the 95th General Assembly, as
9    amended, became law in August of 2007 (effective January 1,
10    2008) and was referred to as the Plastic Bag Recycling Act
11    (P.A. 95-268).
12        (2) The Plastic Bag Recycling Act required a Task Force
13    to be assembled to administer a pilot collection program
14    for plastic bags and plastic film within the confines of
15    Lake County, Illinois that would engage retail businesses
16    that operated stores of 10,000 square feet or greater to
17    voluntarily participate in the pilot program, and, in May
18    of 2010, the Task Force submitted a report of the pilot
19    program findings to the Governor and the leadership of the
20    General Assembly.
21        (3) The Task Force findings referred to data contained
22    in the Illinois Commodity Waste Generation and
23    Characterization Study commissioned in 2008 by the

 

 

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1    Illinois Department of Commerce and Economic Opportunity
2    which indicated that nearly 500,000 tons of plastic film
3    material is generated each year in Illinois that has a
4    potential market value of $100 million; however, 98.5% of
5    this plastic film is landfilled. The Study also found that
6    plastic grocery bags represent only about 15% of all
7    plastic film disposed of in Illinois landfills, which led
8    the Task Force to focus attention on not only the recovery
9    of plastic grocery bags, but also the recovery of plastic
10    film product wrap that is used to package numerous consumer
11    products.
12        (4) The Task Force concluded that the disposal of
13    plastic bags and film represents a tremendous waste of
14    non-renewable resources that can be recycled, that
15    Illinois lacked an adequate collection infrastructure, and
16    that participating retailers responded favorably overall
17    to the pilot program and intended to continue collecting
18    plastic bags from their customers, with the majority of
19    them indicating that their overall costs to operate the
20    collection program were minimal and were built into daily
21    operational procedures.
22        (5) Markets for plastic bags and film do exist, and, if
23    this material can be successfully diverted from final
24    disposal, it has the potential to conserve a non-renewable
25    resource by reusing it as a feedstock for new plastic bags
26    and plastic lumber, as well as for other beneficial uses.

 

 

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1    In addition to conserving resources, the recycling of
2    plastic bags and film reduces air, land, and water
3    pollution.
4        (6) The 2010 Recycling Economic Information Study
5    Update for Illinois estimates that the plastics industry
6    employs approximately 3,114 people in Illinois, generating
7    an annual payroll of $98,887,000, and, based on this data,
8    it is estimated that a statewide plastic bag and film
9    recycling program would generate over 300 jobs with an
10    estimated payroll of $9,500,000.
11        (7) The plastic bag industry has taken great strides in
12    promoting increased recycling of plastic bags in the State,
13    and this Act recognizes that continued and increased
14    responsibility of industry to support increased plastic
15    bag recycling is in the State's and the public's interests.
16    (b) The purpose of this Act is to set forth the procedures
17by which the collection and recycling of plastic bags and film
18will be accomplished in Illinois with the voluntary
19participation of the retail community.
 
20    Section 10. Definitions. As used in this Act:
21    "Agency" means the Illinois Environmental Protection
22Agency.
23    "Consumer" means any person who makes a purchase at retail.
24    "Distributor" or "wholesaler" means a person who buys or
25otherwise acquires plastic bags from another source and sells

 

 

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1or offers to sell those plastic bags, either in bulk or
2otherwise, to retailers in Illinois.
3    "Manufacturer" means a manufacturer of plastic carryout
4bags used or distributed in Illinois.
5    "Percent post-consumer recycled content" means the
6percentage of recycled plastic carryout bags, plastic film
7product wrap, or both, that is present in a new plastic
8carryout bag following an original use of the bag or wrap by a
9consumer.
10    "Person" means any individual, partnership,
11co-partnership, firm, company, corporation, association, joint
12stock company, trust, estate, political subdivision, State
13agency, or any other legal entity, or their legal
14representative, agent, or assigns.
15    "Plastic carryout bag" means any polyethylene bag that is
16provided to a consumer by a retailer at checkout.
17    "Plastic film product wrap" means a polyethylene wrap used
18to cover, wrap, or otherwise package consumer goods, such as
19paper towels, bathroom tissue, dry cleaning bags, newspaper
20bags, cases of sodas, diapers, and other dry goods.
21    "Recycling" means any process by which plastic carryout
22bags, plastic film product wrap, or both, are collected and
23processed and returned to the economic mainstream in the form
24of raw materials or products. "Recycling" does not include
25energy recovery or energy generation by means of combusting
26plastic carryout bags and plastic film product wrap, and it

 

 

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1does not include any use within the permitted boundaries of a
2municipal solid waste landfill unit.
3    "Retailer" means a person engaged in the business of making
4sales at retail that generates occupation or use tax revenue.
 
5    Section 15. Registration and fee required.
6    (a) Beginning July 1, 2013, each manufacturer shall
7register with the Agency annually and, at the time of
8registration, shall pay an annual registration fee of $500 to
9the Agency. Registrations and registration fees are due by July
101 of the year for which they are submitted and shall remain
11valid until July 1 of the following year. A manufacturer shall
12not be considered registered until the Agency receives a
13complete registration form, the required registration fee, and
14the recycling plan. Registrations must be submitted on forms
15and in a format prescribed by the Agency. The Agency shall
16deposit all registration fees collected under this Section into
17the Environmental Protection Permit and Inspection Fund.
18    (b) No manufacturer shall sell or offer to sell plastic
19carryout bags for use or distribution in Illinois unless the
20manufacturer is registered with the Agency and has paid the
21required registration fee in accordance with subsection (a) of
22this Section.
23    (c) After registering a manufacturer, the Agency shall
24immediately assign to that manufacturer a unique vendor number.
 

 

 

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1    Section 20. Manufacturer label required. Beginning July 1,
22013, no manufacturer shall sell or offer to sell plastic
3carryout bags in Illinois unless the name of the manufacturer
4or the manufacturer's unique vendor number assigned by the
5Agency pursuant to Section 15 is printed on the bag so that the
6manufacturer's identity is readily identifiable.
 
7    Section 25. Plastic carryout bag and plastic film product
8wrap recycling plan.
9    (a) No later than July 1, 2013, each manufacturer shall
10develop and thereafter maintain a plan for supporting the
11collection and recycling of plastic carryout bags and plastic
12film product wrap and shall submit a copy of the plan to the
13Agency for posting to the Agency's website. Manufacturers may
14develop and implement the plan individually, or jointly with
15other manufacturers or units of local government, retail
16establishments, solid waste agencies, or any other entity they
17deem appropriate. The plan shall:
18        (1) describe the recycling program to be implemented
19    throughout the State, including collection locations,
20    events, or both;
21        (2) include a detailed description as to how the plan
22    will be implemented;
23        (3) describe the performance measures that will be used
24    to document collection efforts for plastic carryout bags
25    and plastic film product wrap;

 

 

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1        (4) include a public education plan on the reuse and
2    recycling of plastic carryout bags and plastic film product
3    wrap; and
4        (5) include the mailing address or email address of the
5    manufacturer for the submission of comments regarding the
6    plan.
7    (b) No later than August 1, 2013 or 30 days after receiving
8the plan, whichever is later, the Agency shall post the plan on
9its website. Within 30 days after the plan is posted on the
10Agency's website, a person may provide written comments to the
11manufacturer regarding the plan. The manufacturer whose plan is
12commented on shall respond in writing to the person making the
13comments within 30 days after receipt of the comments, and may
14make revisions to the plan if appropriate. If a plan receives
15no comments within the 30-day comment period, it shall be
16considered final after the comment period ends. If comments are
17received on a plan, it shall be considered final after the
18comments have been responded to in writing by the manufacturer
19and a revised plan, if applicable, has been submitted, no later
20than October 1, 2013, to the Agency for posting on its website
21no later than November 1, 2013.
22    (c) A manufacturer may prepare a revised plan and submit it
23to the Agency, for posting on the Agency's website no later
24than 30 days after receipt by the Agency, in response to
25changed circumstances or needs.
26    (d) Each manufacturer is responsible for all costs

 

 

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1associated with the development and implementation of its plan.
2    (e) By April 1, 2014, and by April 1 of each year
3thereafter, each manufacturer shall submit a report to the
4Agency that includes, for the previous calendar year, a
5description of the manufacturer's collection and recycling
6program, including, but not limited to, the collection
7locations for plastic carryout bags and plastic film product
8wrap, the processing locations for the collected plastic
9carryout bags and plastic film product wrap, the weight in
10pounds of plastic carryout bags and plastic film product wrap
11collected and processed for recycling, the weight in pounds of
12plastic carryout bags the manufacturer sold for use or
13distribution in Illinois, the percentage of plastic carryout
14bags and plastic film product wrap collected and processed for
15recycling based on the weight in pounds of plastic carryout
16bags and plastic film product wrap collected and processed for
17recycling and the weight in pounds of plastic carryout bags
18sold for use or distribution in Illinois, and samples of the
19education materials provided to consumers. Beginning with the
20annual report due April 1, 2014, the report shall also state
21the amounts of pre-consumer recycled content and post-consumer
22recycled content in the plastic carryout bags the manufacturer
23sold for use or distribution in Illinois. Additional
24requirements for specific annual reports include:
25        (1) a demonstration in the annual report for calendar
26    year 2014 that 75% of the population in Illinois resides

 

 

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1    within 10 miles of a plastic carryout bag and plastic film
2    product wrap collection site, and that collection sites are
3    located in at least 90% of Illinois counties;
4        (2) a demonstration in the annual report for calendar
5    year 2015 that 80% of the population in Illinois resides
6    within 10 miles of a plastic carryout bag and plastic film
7    product wrap collection site; and
8        (3) a demonstration in the annual report for calendar
9    year 2015 that the percentage of plastic carryout bags and
10    plastic film product wrap recycled increased by at least
11    12% from the recycling rate calculated in the annual report
12    for calendar year 2014. Notwithstanding the required
13    recycling rate increase specified in this item (3),
14    manufacturers are encouraged to work with units of local
15    government, retail establishments, solid waste agencies,
16    or other entities they deem appropriate to try to reach a
17    recycling rate increase of 20%.
18    If these additional requirements specified in items (1)
19through (3) of this subsection (e) cannot be demonstrated in
20the appropriate annual reports, the penalties under Section 50
21of this Act shall be applicable.
22    (f) A manufacturer shall conduct and document due diligence
23assessments of any person with whom the manufacturer contracts
24or arranges for any one or more of the following: a recycling
25collection location; collection, processing or transportation
26of plastic carryout bags or plastic film product wrap; or

 

 

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1recycling of plastic carryout bags and plastic film product
2wrap.
3    (g) A manufacturer may fulfill the requirements of this
4Section either individually or in participation with other
5manufacturers.
 
6    Section 30. Requirements applicable to retailers.
7    (a) Beginning January 1, 2014, no retailer shall purchase
8plastic carryout bags directly from a manufacturer for use or
9distribution in Illinois unless the manufacturer of the bags is
10registered with the Agency in accordance with Section 15.
11    (b) Beginning January 1, 2014, no retailer shall purchase
12plastic carryout bags for use or distribution in Illinois
13directly from a bag manufacturer unless the manufacturer's plan
14is posted on the Agency's website in accordance with Section
1525.
16    (c) Beginning January 1, 2014, no retailer shall purchase
17plastic carryout bags for use or distribution in Illinois
18directly from a bag manufacturer unless the name of the
19manufacturer or the manufacturer's unique vendor number
20assigned by the Agency pursuant to Section 15 is printed on the
21bag so that the manufacturer's identity is readily identifiable
22in accordance with Section 20.
23    (d) Retailers that have implemented a recycling program
24independent of this Act which allows consumers to bring their
25plastic bags and film product wrap to the store for recycling

 

 

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1shall be allowed to continue to operate their programs
2independent of this Act. Such retailers can report their
3recycling status to the Agency for inclusion in the list posted
4on its website of retailers who are recycling in Illinois. In
5addition, manufacturers can include these retailers in their
6recycling plans submitted to the Agency pursuant to an
7agreement between the retailer and the manufacturer.
 
8    Section 31. Requirements applicable to distributors and
9wholesalers. Beginning January 1, 2014, a distributor or
10wholesaler shall not purchase plastic carryout bags from a
11manufacturer for use or distribution to a retailer as defined
12in this Act in Illinois unless the bag manufacturer is
13registered with the Agency in accordance with Section 15 and
14complies with Sections 20 and 25.
 
15    Section 35. Responsibilities of the Agency.
16    (a) Beginning September 1, 2013, for the benefit of
17assisting consumers who wish to find collection locations for
18recycling plastic bags, the Agency shall post on its website
19the location of all collection sites identified to the Agency
20by manufacturers in their plans and annual reports.
21    (b) Beginning September 1, 2013, the Agency shall post on
22its website the list of manufacturers that are registered in
23accordance with Section 15.
24    (c) Beginning September 1, 2013, the Agency shall post on

 

 

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1its website the list of manufacturers for which the Agency has
2received a plan in accordance with Section 25.
3    (d) Beginning May 1, 2014, the Agency shall post on its
4website (i) the list of manufacturers for which the Agency has
5received an annual report in accordance with Section 25 and
6(ii) copies of the annual reports within 30 days after receipt.
 
7    Section 40. Recycled content goal.
8    (a) Beginning January 1, 2014, manufacturers selling
9plastic carryout bags for use or distribution in Illinois may
10label each bag to identify the recycled content in the bag.
11    (b) Beginning January 1, 2015, manufacturers of plastic
12carryout bags shall strive to manufacture the bag to include at
13least 30% total recycled content.
 
14    Section 50. Penalties.
15    (a) Any manufacturer, distributor, or wholesaler who
16violates any provision of this Act or fails to perform any duty
17under this Act shall be liable for a civil penalty not to
18exceed $1,000, as determined by the Agency.
19    (b) For a first offense, a retailer found to be in
20violation of Section 30 shall be given 30 days to come into
21compliance. For a second or subsequent offense, the penalty
22specified in subsection (a) of this Section shall apply.
23    (c) The penalties provided for in this Section may be
24recovered in a civil action brought in the county in which the

 

 

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1violation occurred and in the name of the People of the State
2of Illinois by either the State's Attorney of the county in
3which the violation occurred or the Attorney General. Any funds
4collected under this Section in an action in which the Attorney
5General has prevailed shall be deposited in the Environmental
6Protection Trust Fund, to be used in accordance with the
7provisions of the Environmental Protection Trust Fund Act.
 
8    Section 55. Report to the General Assembly. No later than
9October 1, 2016, the Director of the Agency shall submit a
10report to the General Assembly describing the results of the
11plastic carryout bag and plastic film wrap collection and
12recycling program on a statewide basis. The report shall also
13contain recommendations regarding whether the program shall be
14made permanent and any modifications to improve its function
15and efficiency.
 
16    Section 60. Applicability.
17    (a) The provisions of this Act do not apply within the
18jurisdiction of a unit of local government with a population of
19over 2,000,000.
20    (b) In the event of a conflict between this Act and any
21other law, this Act shall control.
 
22    Section 65. Home rule.
23    (a) Except in a home rule unit with a population of over

 

 

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12,000,000 or in a home rule municipality to which subsection
2(c) of this Section applies, the regulation of the collection,
3recycling, sale, and use of plastic carryout bags and film,
4including any effort to regulate through the imposition of a
5ban on those items, is an exclusive power and function of the
6State. A home rule unit, other than a home rule unit with a
7population of over 2,000,000 and other than a home rule unit to
8which subsection (c) of this Section applies, may not regulate
9the collection, recycling, sale, or use of plastic carryout
10bags and film. This subsection (a) is a denial and limitation
11of home rule powers and functions under subsection (h) of
12Section 6 of Article VII of the Illinois Constitution.
13    (b) A home rule unit, other than a home rule unit with a
14population of over 2,000,000, may not impose a fee or tax on
15the collection, recycling, sale, or use of plastic carryout
16bags and film. This subsection (b) is a denial and limitation
17of home rule powers and functions under subsection (g) of
18Section 6 of Article VII of the Illinois Constitution.
19    (c) A home rule municipality that had a plastic bag and
20film take-back ordinance in effect on January 1, 2012 may
21continue the program created by that ordinance, as in effect on
22that date. However, that home rule unit municipality shall not
23regulate the collection, recycling, sale, or use of plastic
24carryout bags or film in a manner that is more restrictive than
25is provided in that ordinance, as of January 1, 2012, or this
26Act. This subsection (c) is a limitation under subsection (i)

 

 

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1of Section 6 of Article VII of the Illinois Constitution on the
2concurrent exercise by that home rule unit of powers and
3functions exercised by the State.
 
4    Section 70. The Regulatory Sunset Act is amended by
5changing Section 4.27 as follows:
 
6    (5 ILCS 80/4.27)
7    Sec. 4.27. Acts repealed on January 1, 2017 and October 1,
82017.
9    (a) The following Acts are repealed on January 1, 2017:
10    The Illinois Optometric Practice Act of 1987.
11    The Clinical Psychologist Licensing Act.
12    The Boiler and Pressure Vessel Repairer Regulation Act.
13    Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII,
14XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
15    (b) The following Act is repealed on October 1, 2017:
16    The Plastic Bag and Film Recycling Act.
17(Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06;
1894-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff.
198-21-07; 95-876, eff. 8-21-08.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.