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Full Text of HB3248  100th General Assembly

HB3248sam001 100TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 2/20/2018

 

 


 

 


 
10000HB3248sam001LRB100 10326 MJP 35652 a

1
AMENDMENT TO HOUSE BILL 3248

2    AMENDMENT NO. ______. Amend House Bill 3248 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Consumer Electronics Recycling Act is
5amended by changing Sections 1-5, 1-10, 1-25, and 1-30 and by
6adding Sections 1-3, 1-33, 1-84.5, and 1-87 as follows:
 
7    (415 ILCS 151/1-3 new)
8    Sec. 1-3. Findings; purpose.
9    (a) The General Assembly finds all of the following:
10        (1) Many older and obsolete consumer electronic
11    products contain materials which may pose environmental
12    and health risks that should be managed.
13        (2) Consumer electronic products contain metals,
14    plastics, glass, and other potentially valuable materials.
15    The reuse and recycling of these materials can conserve
16    natural resources and energy.

 

 

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

 

 

10000HB3248sam001- 3 -LRB100 10326 MJP 35652 a

1    clearinghouse as set forth in the Act.
2    (b) The purpose of this Act is to further the interest of
3the State of Illinois in the proper management of obsolete
4consumer electronic products by setting forth procedures by
5which the recycling and processing for reuse of covered
6electronic devices will be accomplished by manufacturers for
7those counties and municipalities that wish to opt-in to
8electronic product manufacturer-run recycling and processing
9programs that are approved and overseen by the State of
10Illinois.
 
11    (415 ILCS 151/1-5)
12    (Section scheduled to be repealed on December 31, 2026)
13    Sec. 1-5. Definitions. As used in this Act:
14    "Agency" means the Illinois Environmental Protection
15Agency.
16    "Best practices" means standards for collecting and
17preparing items for shipment and recycling. "Best practices"
18may include standards for packaging for transport, load size,
19acceptable load contamination levels, non-CED items included
20in a load, and other standards as determined under Section 1-85
21of this Act. "Best practices" shall consider the desired intent
22to preserve existing collection programs and relationships
23when possible.
24    "Collector" means a person who collects residential CEDs at
25any program collection site or one-day collection event and

 

 

10000HB3248sam001- 4 -LRB100 10326 MJP 35652 a

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

 

 

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

 

 

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

 

 

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

 

 

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1    "Covered electronic device category" or "CED category"
2means each of the following 8 categories of residential CEDs:
3        (1) computers and small-scale servers;
4        (2) computer monitors;
5        (3) televisions;
6        (4) printers, facsimile machines, and scanners;
7        (5) digital video disc players, digital video disc
8    recorders, and videocassette recorders;
9        (6) video game consoles;
10        (7) digital converter boxes, cable receivers, and
11    satellite receivers; and
12        (8) electronic keyboards, electronic mice, and
13    portable digital music players that have memory capability
14    and are battery powered.
15    "Manufacturer" means a person, or a successor in interest
16to a person, under whose brand or label a CED is or was sold at
17retail. For any CED sold at retail under a brand or label that
18is licensed from a person who is a mere brand owner and who
19does not sell or produce a CED, the person who produced the CED
20or his or her successor in interest is the manufacturer. For
21any CED sold at retail under the brand or label of both the
22retail seller and the person that produced the CED, the person
23that produced the CED, or his or her successor in interest, is
24the manufacturer.
25    "Manufacturer clearinghouse" means an entity that prepares
26and submits a manufacturer e-waste program plan to the Agency,

 

 

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1and oversees the manufacturer e-waste program, on behalf of a
2group of 2 or more manufacturers cooperating with one another
3to collectively establish and operate an e-waste program for
4the purpose of complying with this Act and that collectively
5represent , representing at least 50% of the manufacturers'
6total obligations under this Act for a program year, that are
7cooperating with one another to collectively establish and
8operate an e-waste program for the purpose of complying with
9this Act.
10    "Manufacturer e-waste program" means any program
11established, financed, and operated by a manufacturer,
12individually or collectively as part of a manufacturer
13clearinghouse, to transport and subsequently recycle, in
14accordance with the requirements of this Act, residential CEDs
15collected at program collection sites and one-day collection
16events.
17    "Municipal joint action agency" means a municipal joint
18action agency created under Section 3.2 of the
19Intergovernmental Cooperation Act.
20    "One-day collection event" means a one-day event used as a
21substitute for a program collection site pursuant to Section
221-15 of this Act.
23    "Person" means an individual, partnership, co-partnership,
24firm, company, limited liability company, corporation,
25association, joint stock company, trust, estate, political
26subdivision, State agency, or any other legal entity; or a

 

 

10000HB3248sam001- 10 -LRB100 10326 MJP 35652 a

1legal representative, agent, or assign of that entity. "Person"
2includes a unit of local government.
3    "Printer" means desktop printers, multifunction printer
4copiers, and printer/fax combinations taken out of service from
5a residence that are designed to reside on a work surface, and
6include various print technologies, including without
7limitation laser and LED (electrographic), ink jet, dot matrix,
8thermal, and digital sublimation, and "multi-function" or
9"all-in-one" devices that perform different tasks, including
10without limitation copying, scanning, faxing, and printing.
11Printers do not include floor-standing printers, printers with
12optional floor stand, point of sale (POS) receipt printers,
13household printers such as a calculator with printing
14capabilities or label makers, or non-stand-alone printers that
15are embedded into products that are not CEDs.
16    "Program collection site" means a physical location that is
17included in a manufacturer e-waste program and at which
18residential CEDs are collected and prepared for transport by a
19collector during a program year in accordance with the
20requirements of this Act. Except as otherwise provided in this
21Act, "program collection site" does not include a retail
22collection site.
23    "Program year" means a calendar year. The first program
24year is 2019.
25    "Recycler" means any person who transports or subsequently
26recycles residential CEDs that have been collected and prepared

 

 

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1for transport by a collector at any program collection site or
2one-day collection event.
3    "Recycling" has the meaning provided under Section 3.380 of
4the Environmental Protection Act. "Recycling" includes any
5process by which residential CEDs that would otherwise be
6disposed of or discarded are collected, separated, or processed
7and returned to the economic mainstream in the form of raw
8materials or products.
9    "Residence" means a dwelling place or home in which one or
10more individuals live.
11    "Residential covered electronic device" or "residential
12CED" means any covered electronic device taken out of service
13from a residence in the State.
14    "Retail collection site" means a private sector collection
15site operated by a retailer collecting on behalf of a
16manufacturer.
17    "Retailer" means a person who first sells, through a sales
18outlet, catalogue, or the Internet, a covered electronic device
19at retail to an individual for residential use or any permanent
20establishment primarily where merchandise is displayed, held,
21stored, or offered for sale to the public.
22    "Sale" means any retail transfer of title for consideration
23of title including, but not limited to, transactions conducted
24through sales outlets, catalogs, or the Internet or any other
25similar electronic means. "Sale" does not include financing or
26leasing.

 

 

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1    "Small-scale server" means a computer that typically uses
2desktop components in a desktop form designed primarily to
3serve as a storage host for other computers. To be considered a
4small-scale server, a computer must: be designed in a pedestal,
5tower, or other form that is similar to that of a desktop
6computer so that all data processing, storage, and network
7interfacing is contained within one box or product; be designed
8to be operational 24 hours per day and 7 days per week; have
9very little unscheduled downtime, such as on the order of hours
10per year; be capable of operating in a simultaneous multi-user
11environment serving several users through networked client
12units; and be designed for an industry-accepted operating
13system for home or low-end server applications.
14    "Television" means an electronic device that contains a
15cathode-ray tube or flat panel screen the size of which is
16greater than 4 inches when measured diagonally and is intended
17to receive video programming via broadcast, cable, satellite,
18Internet, or other mode of video transmission or to receive
19video from surveillance or other similar cameras.
20(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 
21    (415 ILCS 151/1-10)
22    (Section scheduled to be repealed on December 31, 2026)
23    Sec. 1-10. Manufacturer e-waste program.
24    (a) For program year 2019 and each program year thereafter,
25each manufacturer shall, individually or collectively as part

 

 

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

 

 

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1        during the preceding program year by CED category; and
2            (C) the total weight of residential CEDs
3        transported from all program collection sites and
4        one-day collection events in each county in the State
5        during that preceding program year and that was
6        recycled.
7    (c) Each manufacturer e-waste program shall make the
8instructions required under paragraph (2) of subsection (b)
9available on its website by December 1, 2017, and the program
10shall provide to the Agency a hyperlink to the website for
11posting on the Agency's website.
12    (d) Nothing in this Act shall prevent a manufacturer from
13accepting, through a manufacturer e-waste program, residential
14CEDs collected through a curbside collection program that is
15operated pursuant to an agreement between a third party and a
16unit of local government located within a county or municipal
17joint action agency that has elected to participate in a
18manufacturer e-waste program.
19(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 
20    (415 ILCS 151/1-25)
21    (Section scheduled to be repealed on December 31, 2026)
22    Sec. 1-25. Manufacturer e-waste program plans.
23    (a) By July 1, 2018, and by July 1 of each year thereafter
24for the upcoming program year, beginning with program year
252019, each manufacturer shall, individually or through as a

 

 

10000HB3248sam001- 15 -LRB100 10326 MJP 35652 a

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

 

 

10000HB3248sam001- 16 -LRB100 10326 MJP 35652 a

1        (7) if a group of 2 or more manufacturers are
2    participating in a manufacturer clearinghouse,
3    certification that the methodology used for allocating
4    responsibility for the transportation and recycling of
5    residential CEDs by manufacturers participating in the
6    manufacturer clearinghouse for the program year will be in
7    compliance with the allocation methodology established
8    under Section 1-84.5 of this Act.
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 make the approved plan available on the Agency's
20    website.
21        (2) If the Agency determines the plan will not satisfy
22    the convenience standard set forth in Section 1-15 of this
23    Act, then the Agency shall disapprove the manufacturer
24    e-waste program plan and provide written notification of
25    the disapproval and the reasons for the disapproval to the
26    individual who serves as the point of contact for the

 

 

10000HB3248sam001- 17 -LRB100 10326 MJP 35652 a

1    manufacturer. Within 30 days after the date of disapproval,
2    the manufacturer shall submit a revised manufacturer
3    e-waste program plan that addresses the deficiencies noted
4    in the Agency's disapproval.
5    (c) Manufacturers shall assume financial responsibility
6for carrying out their e-waste program plans, including, but
7not limited to, financial responsibility for providing the
8packaging materials necessary to prepare shipments of
9collected residential CEDs in compliance with subsection (e) of
10Section 1-45, as well as financial responsibility for bulk
11transportation and recycling of collected residential CEDs.
12(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 
13    (415 ILCS 151/1-30)
14    (Section scheduled to be repealed on December 31, 2026)
15    Sec. 1-30. Manufacturer registration.
16    (a) By April 1, 2018, and by April 1 of each year
17thereafter for the upcoming program year, beginning with
18program year 2019, each manufacturer who sells CEDs in the
19State must register with the Agency by: (i) submitting to the
20Agency a $5,000 registration fee; and (ii) completing and
21submitting to the Agency the registration form prescribed by
22the Agency. Information on the registration form shall include,
23without limitation, all of the following:
24        (1) a list of all of the brands and labels under which
25    the manufacturer's CEDs are sold or offered for sale in the

 

 

10000HB3248sam001- 18 -LRB100 10326 MJP 35652 a

1    State; and
2        (2) the total weights, by CED category, of residential
3    CEDs sold in the United States to individuals, or offered
4    for sale under any of the manufacturer's brands or labels,
5    in the United States during the calendar year that is 2
6    years before immediately preceding the applicable program
7    year.
8    If, during a program year, any of the manufacturer's CEDs
9are sold or offered for sale in the State under a brand that is
10not listed in the manufacturer's registration, then, within 30
11days after the first sale or offer for sale under that brand,
12the manufacturer must amend its registration to add the brand.
13All registration fees collected by the Agency pursuant to this
14Section shall be deposited into the Solid Waste Management
15Fund.
16    (b) The Agency shall post on its website a list of all
17registered manufacturers.
18    (c) Beginning in program year 2019, a manufacturer whose
19CEDs are sold or offered for sale in this State for the first
20time on or after April 1 of a program year must register with
21the Agency within 30 days after the date the CEDs are first
22sold or offered for sale in the State.
23    (d) Beginning in program year 2019, manufacturers shall
24ensure that only recyclers that have registered with the Agency
25and meet the recycler standards set forth in Section 1-40 are
26used to transport or recycle residential CEDs collected at any

 

 

10000HB3248sam001- 19 -LRB100 10326 MJP 35652 a

1program collection site or one-day collection event.
2    (e) Beginning in program year 2019, no manufacturer may
3sell or offer for sale a CED in this State unless the
4manufacturer is registered and operates a manufacturer program
5either individually or as part of the manufacturer
6clearinghouse as required in this Act.
7    (f) Beginning in program year 2019, no manufacturer may
8sell or offer for sale a CED in this State unless the
9manufacturer's brand name is permanently affixed to, and is
10readily visible on, the CED.
11    (g) In accordance with a contract or agreement with a
12county, municipality, or municipal joint action agency that has
13elected to participate in a manufacturer e-waste program under
14this Act, manufacturers may, either individually or through the
15manufacturer clearinghouse, audit program collection sites and
16proposed program collection sites for compliance with the terms
17and conditions of the contract or agreement. Audits shall be
18conducted during normal business hours, and a manufacturer or
19its designee shall provide reasonable notice to the collection
20site in advance of the audit. Audits of all program collection
21sites may include, among other things, physical site location
22visits and inspections and review of processes, procedures,
23technical systems, reports, and documentation reasonably
24related to the collecting, sorting, packaging, and recycling of
25residential CEDs in compliance with this Act.
26    (h) Nothing in this Act shall require a manufacturer or

 

 

10000HB3248sam001- 20 -LRB100 10326 MJP 35652 a

1manufacturer e-waste program to collect, transport, or recycle
2any CEDs other than residential CEDs, or to accept for
3transport or recycling any pallet or bulk container of
4residential CEDs that has not been prepared by the collector
5for shipment in accordance with subsection (e) of Section 1-45.
6(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 
7    (415 ILCS 151/1-33 new)
8    Sec. 1-33. Manufacturer clearinghouse.
9    (a) A manufacturer e-waste program plan submitted by a
10manufacturer clearinghouse may take into account and
11incorporate individual plans or operations of one or more
12manufacturers that are participating in the manufacturer
13clearinghouse.
14    (b) If a manufacturer clearinghouse allocates
15responsibility to manufacturers for manufacturers'
16transportation and recycling of residential CEDs during a
17program year as part of a manufacturer e-waste program plan,
18then the manufacturer clearinghouse shall identify the
19allocation methodology in its plan submission to the Agency
20pursuant to Section 1-25 of this Act for review and approval.
21Any allocation of responsibility among manufacturers for the
22collection of covered electronic devices shall be in accordance
23with the allocation methodology established pursuant to
24Section 1-84.5 of this Act.
25    (c) A manufacturer clearinghouse shall have no authority to

 

 

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1enforce manufacturer compliance with the requirements of this
2Act, including compliance with the allocation methodology set
3forth in a manufacturer e-waste program plan, but shall, upon
4prior notice to the manufacturer, refer any potential
5non-compliance to the Agency. A manufacturer clearinghouse may
6develop and implement policies and procedures that exclude from
7participation in the manufacturer clearinghouse any
8manufacturers found by the Illinois Pollution Control Board or
9a court of competent jurisdiction to have failed to comply with
10this Act.
 
11    (415 ILCS 151/1-84.5 new)
12    Sec. 1-84.5. Manufacturer clearinghouse; allocation of
13financial responsibility for the transportation and recycling
14of covered electronic devices.
15    (a) As used in this Section, unless the context otherwise
16requires:
17    "Adjusted total proportional responsibility" means the
18percentage calculated for each participating manufacturer for
19a program year under subsection (f) of this Section.
20    "Market share" means the percentage that results from
21dividing:
22        (1) the product of the total weight reported for a CED
23    category by a manufacturer, for the calendar year 2 years
24    before the applicable program year, under paragraph (2) of
25    subsection (a) of Section 1-30 of this Act, multiplied by

 

 

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1    the population adjustment factor for that year; by
2        (2) the product of the total weight reported for that
3    CED category by all manufacturers, for the calendar year 2
4    years before the applicable program year, under paragraph
5    (2) of subsection (a) of Section 1-30 of this Act,
6    multiplied by the population adjustment factor for that
7    year.
8    "Participating manufacturer" means a manufacturer that a
9manufacturer clearinghouse has listed, pursuant to subsection
10(c) of this Section, as a participant in the manufacturer
11clearinghouse for a program year.
12    "Population adjustment factor" means the percentage that
13results when (i) the population of Illinois, as reported in the
14most recent federal decennial census, is divided by (ii) the
15population of the United States, as reported in the most recent
16federal decennial census.
17    "Return share" means the percentage, by weight, of each CED
18category that is returned to the program collection sites and
19one-day collection events operated by or on behalf of either a
20manufacturer clearinghouse or one or more of its participating
21manufacturers during the calendar year 2 years before the
22applicable program year, as reported to the Agency under
23Section 1-10 of this Act; except that, for program year 2019
24and program year 2020, "return share" means the percentage, by
25weight, of each CED category that is estimated by the
26manufacturer clearinghouse to be returned to those sites and

 

 

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

 

 

10000HB3248sam001- 24 -LRB100 10326 MJP 35652 a

1    CED category by (ii) the return share for the CED category,
2    to arrive at the category-specific proportional
3    responsibility of the participating manufacturer for the
4    CED category.
5        (2) The Agency shall then, for each participating
6    manufacturer, sum the category-specific proportional
7    responsibilities of the participating manufacturer
8    calculated under paragraph (1), to arrive at the
9    participating manufacturer's unadjusted total proportional
10    responsibility.
11    (f) If the sum of all unadjusted total proportional
12responsibilities of a manufacturer clearinghouse's
13participating manufacturers for a program year accounts for
14less than 100% of the return share for that year, then the
15Agency shall divide the unallocated return share among
16participating manufacturers in proportion to their unadjusted
17total proportional responsibilities, to arrive at the adjusted
18total proportional responsibility for each participating
19manufacturer.
20    (g) A manufacturer may use retail collection sites to
21satisfy some or all of the manufacturer's responsibilities,
22including, but not limited to, the manufacturer's
23transportation and recycling of collected residential CEDs
24pursuant to any allocation methodology established under this
25Act. Nothing in this Act shall prevent a manufacturer from
26using retail collection sites to satisfy any percentage of the

 

 

10000HB3248sam001- 25 -LRB100 10326 MJP 35652 a

1manufacturer's total responsibilities, including, but not
2limited to, the manufacturer's transportation and recycling of
3collected residential CEDs pursuant to any allocation
4methodology established under this Act or by administrative
5rule.
 
6    (415 ILCS 151/1-87 new)
7    Sec. 1-87. Antitrust. A manufacturer or manufacturer
8clearinghouse acting in accordance with the provisions of this
9Act may negotiate, enter into contracts with, or conduct
10business with each other and with any other entity developing,
11implementing, operating, participating in, or performing any
12other activities directly related to a manufacturer e-waste
13program approved pursuant to this Act, and the manufacturer,
14manufacturer clearinghouse, and any entity developing,
15implementing, operating, participating in, or performing any
16other activities related to a manufacturer e-waste program
17approved pursuant to this Act are not subject to damages,
18liability, or scrutiny under federal antitrust law or the
19Illinois Antitrust Act, regardless of the effects of their
20actions on competition. The supervisory activities described
21in this Act are sufficient to confirm that activities of the
22manufacturers, manufacturer clearinghouse, and any entity
23developing, implementing, operating, participating in, or
24performing any other activities related to a manufacturer
25e-waste program that is approved pursuant to Section 1-25 are

 

 

10000HB3248sam001- 26 -LRB100 10326 MJP 35652 a

1authorized and actively supervised by the State.
 
2    (415 ILCS 151/1-84 rep.)
3    Section 10. The Consumer Electronics Recycling Act is
4amended by repealing Section 1-84.
 
5    Section 15. The Illinois Antitrust Act is amended by
6changing Section 5 as follows:
 
7    (740 ILCS 10/5)  (from Ch. 38, par. 60-5)
8    Sec. 5. No provisions of this Act shall be construed to
9make illegal:
10        (1) the activities of any labor organization or of
11    individual members thereof which are directed solely to
12    labor objectives which are legitimate under the laws of
13    either the State of Illinois or the United States;
14        (2) the activities of any agricultural or
15    horticultural cooperative organization, whether
16    incorporated or unincorporated, or of individual members
17    thereof, which are directed solely to objectives of such
18    cooperative organizations which are legitimate under the
19    laws of either the State of Illinois or the United States;
20        (3) the activities of any public utility, as defined in
21    Section 3-105 of the Public Utilities Act to the extent
22    that such activities are subject to a clearly articulated
23    and affirmatively expressed State policy to replace

 

 

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1    competition with regulation, where the conduct to be
2    exempted is actively supervised by the State itself;
3        (4) the The activities of a telecommunications
4    carrier, as defined in Section 13-202 of the Public
5    Utilities Act, to the extent those activities relate to the
6    provision of noncompetitive telecommunications services
7    under the Public Utilities Act and are subject to the
8    jurisdiction of the Illinois Commerce Commission or to the
9    activities of telephone mutual concerns referred to in
10    Section 13-202 of the Public Utilities Act to the extent
11    those activities relate to the provision and maintenance of
12    telephone service to owners and customers;
13        (5) the activities (including, but not limited to, the
14    making of or participating in joint underwriting or joint
15    reinsurance arrangement) of any insurer, insurance agent,
16    insurance broker, independent insurance adjuster or rating
17    organization to the extent that such activities are subject
18    to regulation by the Director of Insurance of this State
19    under, or are permitted or are authorized by, the Illinois
20    Insurance Code or any other law of this State;
21        (6) the religious and charitable activities of any
22    not-for-profit corporation, trust or organization
23    established exclusively for religious or charitable
24    purposes, or for both purposes;
25        (7) the activities of any not-for-profit corporation
26    organized to provide telephone service on a mutual or

 

 

10000HB3248sam001- 28 -LRB100 10326 MJP 35652 a

1    co-operative basis or electrification on a co-operative
2    basis, to the extent such activities relate to the
3    marketing and distribution of telephone or electrical
4    service to owners and customers;
5        (8) the activities engaged in by securities dealers who
6    are (i) licensed by the State of Illinois or (ii) members
7    of the National Association of Securities Dealers or (iii)
8    members of any National Securities Exchange registered
9    with the Securities and Exchange Commission under the
10    Securities Exchange Act of 1934, as amended, in the course
11    of their business of offering, selling, buying and selling,
12    or otherwise trading in or underwriting securities, as
13    agent, broker, or principal, and activities of any National
14    Securities Exchange so registered, including the
15    establishment of commission rates and schedules of
16    charges;
17        (9) the activities of any board of trade designated as
18    a "contract market" by the Secretary of Agriculture of the
19    United States pursuant to Section 5 of the Commodity
20    Exchange Act, as amended;
21        (10) the activities of any motor carrier, rail carrier,
22    or common carrier by pipeline, as defined in the Common
23    Carrier by Pipeline Law of the Public Utilities Act, to the
24    extent that such activities are permitted or authorized by
25    the Act or are subject to regulation by the Illinois
26    Commerce Commission;

 

 

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

 

 

10000HB3248sam001- 30 -LRB100 10326 MJP 35652 a

1            foreign nations of a person engaged in such trade
2            or commerce in the United States; and
3            (b) such effect gives rise to a claim under the
4        provisions of this Act, other than this subsection
5        (14).
6        (c) If this Act applies to conduct referred to in this
7    subsection (14) only because of the provisions of paragraph
8    (a)(ii), then this Act shall apply to such conduct only for
9    injury to export business in the United States which
10    affects this State; or
11        (15) the activities of a unit of local government or
12    school district and the activities of the employees, agents
13    and officers of a unit of local government or school
14    district; or .
15        (16) the activities of a manufacturer, manufacturer
16    clearinghouse, or any entity developing, implementing,
17    operating, participating in, or performing any other
18    activities related to a manufacturer e-waste program
19    approved pursuant to the Consumer Electronics Recycling
20    Act, to the extent that such activities are permitted or
21    authorized by this Act or are subject to regulation by the
22    Consumer Electronics Recycling Act and are subject to the
23    jurisdiction of and regulation by the Illinois Pollution
24    Control Board or the Illinois Environmental Protection
25    Agency; this paragraph does not limit, preempt, or exclude
26    the jurisdiction of any other commission, agency, or court

 

 

10000HB3248sam001- 31 -LRB100 10326 MJP 35652 a

1    system to adjudicate personal injury or workers'
2    compensation claims.
3(Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97;
4revised 10-6-17.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".