Illinois General Assembly - Full Text of SB1417
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Full Text of SB1417  100th General Assembly

SB1417sam001 100TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 5/5/2017

 

 


 

 


 
10000SB1417sam001LRB100 09551 MJP 26012 a

1
AMENDMENT TO SENATE BILL 1417

2    AMENDMENT NO. ______. Amend Senate Bill 1417 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10000SB1417sam001- 2 -LRB100 09551 MJP 26012 a

1of this Act. "Best practices" shall consider the desired intent
2to preserve existing collection programs and relationships
3when possible.
4    "Collector" means a person who collects residential CEDs at
5any program collection site or one-day collection event and
6prepares them for transport.
7    "Computer", often referred to as a "personal computer" or
8"PC", means a desktop or notebook computer as further defined
9below and used only in a residence, but does not mean an
10automated typewriter, electronic printer, mobile telephone,
11portable hand-held calculator, portable digital assistant
12(PDA), MP3 player, or other similar device. "Computer" does not
13include computer peripherals, commonly known as cables, mouse,
14or keyboard. "Computer" is further defined as either:
15        (1) "Desktop computer", which means an electronic,
16    magnetic, optical, electrochemical, or other high-speed
17    data processing device performing logical, arithmetic, or
18    storage functions for general purpose needs that are met
19    through interaction with a number of software programs
20    contained therein, and that is not designed to exclusively
21    perform a specific type of logical, arithmetic, or storage
22    function or other limited or specialized application.
23    Human interface with a desktop computer is achieved through
24    a stand-alone keyboard, stand-alone monitor, or other
25    display unit, and a stand-alone mouse or other pointing
26    device, and is designed for a single user. A desktop

 

 

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1    computer has a main unit that is intended to be
2    persistently located in a single location, often on a desk
3    or on the floor. A desktop computer is not designed for
4    portability and generally utilizes an external monitor,
5    keyboard, and mouse with an external or internal power
6    supply for a power source. Desktop computer does not
7    include an automated typewriter or typesetter; or
8        (2) "Notebook 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 notebook computer is achieved
17    through a keyboard, video display greater than 4 inches in
18    size, and mouse or other pointing device, all of which are
19    contained within the construction of the unit that
20    comprises the notebook computer; supplemental stand-alone
21    interface devices typically can also be attached to the
22    notebook computer. Notebook computers can use external,
23    internal, or batteries for a power source. Notebook
24    computer does not include a portable hand-held calculator,
25    or a portable digital assistant or similar specialized
26    device. A notebook computer has an incorporated video

 

 

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1    display greater than 4 inches in size and can be carried as
2    one unit by an individual. A notebook computer is sometimes
3    referred to as a laptop computer.
4        (3) "Tablet computer", which means an electronic,
5    magnetic, optical, electrochemical, or other high-speed
6    data processing device performing logical, arithmetic, or
7    storage functions for general purpose needs that are met
8    through interaction with a number of software programs
9    contained therein, and that is not designed to exclusively
10    perform a specific type of logical, arithmetic, or storage
11    function or other limited or specialized application.
12    Human interface with a tablet computer is achieved through
13    a touch-screen and video display screen greater than 6
14    inches in size (all of which are contained within the unit
15    that comprises the tablet computer). Tablet computers may
16    use an external or internal power source. "Tablet computer"
17    does not include a portable hand-held calculator, a
18    portable digital assistant, or a similar specialized
19    device.
20    "Computer monitor" means an electronic device that is a
21cathode-ray tube or flat panel display primarily intended to
22display information from a computer and is used only in a
23residence.
24    "County collection site" means a collection site owned or
25operated by a county or operated by a third party on behalf of
26a county.

 

 

10000SB1417sam001- 5 -LRB100 09551 MJP 26012 a

1    "County recycling coordinator" means the individual who is
2designated as the recycling coordinator for a county in a waste
3management plan developed pursuant to the Solid Waste Planning
4and Recycling Act.
5    "Covered electronic device" or "CED" means any computer,
6computer monitor, television, printer, electronic keyboard,
7facsimile machine, videocassette recorder, portable digital
8music player that has memory capability and is battery powered,
9digital video disc player, video game console, electronic
10mouse, scanner, digital converter box, cable receiver,
11satellite receiver, digital video disc recorder, or
12small-scale server sold at retail and taken out of service from
13a residence in this State. "Covered electronic device" does not
14include any of the following:
15        (1) an electronic device that is a part of a motor
16    vehicle or any component part of a motor vehicle assembled
17    by or for a vehicle manufacturer or franchised dealer,
18    including replacement parts for use in a motor vehicle;
19        (2) an electronic device that is functionally or
20    physically part of a larger piece of equipment or that is
21    taken out of service from an industrial, commercial
22    (including retail), library checkout, traffic control,
23    kiosk, security (other than household security),
24    governmental, agricultural, or medical setting, including
25    but not limited to diagnostic, monitoring, or control
26    equipment; or

 

 

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1        (3) an electronic device that is contained within a
2    clothes washer, clothes dryer, refrigerator, refrigerator
3    and freezer, microwave oven, conventional oven or range,
4    dishwasher, room air conditioner, dehumidifier, water
5    pump, sump pump, or air purifier. To the extent allowed
6    under federal and State laws and regulations, a CED that is
7    being collected, recycled, or processed for reuse is not
8    considered to be hazardous waste, household waste, solid
9    waste, or special waste.
10    "Manufacturer" means a person, or a successor in interest
11to a person, under whose brand or label a CED is or was sold at
12retail. For any CED sold at retail under a brand or label that
13is licensed from a person who is a mere brand owner and who
14does not sell or produce a CED, the person who produced the CED
15or his or her successor in interest is the manufacturer. For
16any CED sold at retail under the brand or label of both the
17retail seller and the person that produced the CED, the person
18that produced the CED, or his or her successor in interest, is
19the manufacturer.
20    "Manufacturer clearinghouse" means a group of 2 or more
21manufacturers, representing at least 50% of the manufacturers'
22total obligations under this Act for a program year, that are
23cooperating with one another to collectively establish and
24operate an e-waste program for the purpose of complying with
25this Act.
26    "Manufacturer e-waste program" means any program

 

 

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1established, financed, and operated by a manufacturer,
2individually or as part of a manufacturer clearinghouse, to
3transport and subsequently recycle, in accordance with the
4requirements of this Act, residential CEDs collected at program
5collection sites and one-day collection events in accordance
6with best practices.
7    "Municipal joint action agency" means a municipal joint
8action agency created under Section 3.2 of the
9Intergovernmental Cooperation Act.
10    "One-day collection event" means a one-day event used as a
11substitute for a program collection site pursuant to Section
121-15 of this Act.
13    "Person" means an individual, partnership, co-partnership,
14firm, company, limited liability company, corporation,
15association, joint stock company, trust, estate, political
16subdivision, State agency, or any other legal entity; or a
17legal representative, agent, or assign of that entity. "Person"
18includes a unit of local government.
19    "Printer" means desktop printers, multifunction printer
20copiers, and printer/fax combinations taken out of service from
21a residence that are designed to reside on a work surface, and
22include various print technologies, including without
23limitation laser and LED (electrographic), ink jet, dot matrix,
24thermal, and digital sublimation, and "multi-function" or
25"all-in-one" devices that perform different tasks, including
26without limitation copying, scanning, faxing, and printing.

 

 

10000SB1417sam001- 8 -LRB100 09551 MJP 26012 a

1Printers do not include floor-standing printers, printers with
2optional floor stand, point of sale (POS) receipt printers,
3household printers such as a calculator with printing
4capabilities or label makers, or non-stand-alone printers that
5are embedded into products that are not CEDs.
6    "Processing for reuse" means any method, technique, or
7process by which CEDs or EEDs that would otherwise be disposed
8of or discarded are instead separated, processed, and returned
9to their original intended purposes or to other useful purposes
10as electronic devices. "Processing for reuse" includes the
11collection and transportation of CEDs or EEDs.
12    "Program collection site" means a physical location that is
13included in a manufacturer e-waste program and at which
14residential CEDs are collected and prepared for transport by a
15collector during a program year in accordance with the
16requirements of this Act. Except as otherwise provided in this
17Act, "program collection" site does not include a retail
18collection site.
19    "Program year" means a calendar year. The first program
20year is 2019.
21    "Recycler" means any person who transports or subsequently
22recycles residential CEDs that have been collected and prepared
23for transport by a collector at any program collection site or
24one-day collection event.
25    "Recycling" has the meaning provided under Section 3.380 of
26the Environmental Protection Act. "Recycling" includes any

 

 

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

 

 

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1tower, or other form that is similar to that of a desktop
2computer so that all data processing, storage, and network
3interfacing is contained within one box or product; be designed
4to be operational 24 hours per day and 7 days per week; have
5very little unscheduled downtime, such as on the order of hours
6per year; be capable of operating in a simultaneous multi-user
7environment serving several users through networked client
8units; and be designed for an industry-accepted operating
9system for home or low-end server applications.
10    "Television" means an electronic device (i) containing a
11cathode-ray tube or flat panel screen the size of which is
12greater than 4 inches when measured diagonally, (ii) that is
13intended to receive video programming via broadcast, cable, or
14satellite transmission or to receive video from surveillance or
15other similar cameras, and (iii) that is used only in a
16residence.
 
17    Section 1-10. Manufacturer e-waste program.
18    (a) For program year 2019 and each program year thereafter,
19each manufacturer shall, individually or as part of a
20manufacturer clearinghouse, provide a manufacturer e-waste
21program to transport and subsequently recycle, in accordance
22with the requirements of this Act, residential CEDs collected
23at, and prepared for transport from, the program collection
24sites and one-day collection events included in the program
25during the program year.

 

 

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1    (b) Each manufacturer e-waste program must include, at a
2minimum, the following:
3        (1) satisfaction of the convenience standard described
4    in Section 1-15 of this Act;
5        (2) instructions for designated county recycling
6    coordinators and municipal joint action agencies to
7    annually file notice to participate in the program;
8        (3) transportation and subsequent recycling of the
9    residential CEDs collected at, and prepared for transport
10    from, the program collection sites and one-day collection
11    events included in the program during the program year; and
12        (4) submission of a report to the Agency, by January
13    31, 2020, and each January 31 thereafter, which includes:
14            (A) the total weight of all residential CEDs
15        transported from program collection sites and one-day
16        collection events throughout the State during the
17        preceding program year by CED category;
18            (B) the total weight of residential CEDs
19        transported from all program collection sites and
20        one-day collection events in each county in the State
21        during the preceding program year by CED category; and
22            (C) the total weight of residential CEDs
23        transported from all program collection sites and
24        one-day collection events in each county in the State
25        during that preceding program year and that was
26        recycled.

 

 

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1    (c) The Agency shall make the instructions required under
2paragraph (2) of subsection (b) available on the Agency's
3website by December 1, 2017.
 
4    Section 1-15. Convenience standard for program collection
5sites and one-day collection events.
6    (a) Beginning in 2019 each manufacturer e-waste program for
7a program year must include, at a minimum, program collection
8sites in the following quantities in counties that elect to
9participate in the manufacturer e-waste program for the program
10year:
11        (1) one program collection site in each county that has
12    elected to participate in the manufacturer e-waste program
13    for the program year and that has a population density that
14    is less than 250 individuals per square mile;
15        (2) two 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 250 individuals
19    per square mile but less than 500 individuals per square
20    mile;
21        (3) three 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 500 individuals
25    per square mile but less than 750 individuals per square

 

 

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1    mile;
2        (4) four program collection sites in each county that
3    has elected to participate in the manufacturer e-waste
4    program for the program year and that has a population
5    density that is greater than or equal to 750 individuals
6    per square mile but less than 1,000 individuals per square
7    mile;
8        (5) five program collection sites in each county that
9    has elected to participate in the manufacturer e-waste
10    program for the program year and that has a population
11    density that is greater than or equal to 1,000 individuals
12    per square mile but less than 5,000 individuals per square
13    mile; and
14        (6) ten program collection sites in each county that
15    has elected to participate in the manufacturer e-waste
16    program for the program year and that has a population
17    density that is greater than or equal to 5,000 individuals
18    per square mile.
19    If a municipality with a population of over 1,000,000
20residents notifies the program of the municipality's desire to
21participate in the program, then that municipality shall
22receive 15 program collection sites to be located in that
23municipality in addition to county sites, which shall be
24located outside of the municipality.
25    A designated county recycling coordinator may elect to
26operate more than the required minimum number of collection

 

 

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1sites.
2    (b) Notwithstanding subsection (a) of this Section, the
3county recycling coordinator for a county that elects to
4participate in a manufacturer e-waste program may enter into a
5written agreement with the operators of any manufacturer
6e-waste program in order to do one or more of the following:
7        (1) to decrease the number of program collection sites
8    in the county for the program year;
9        (2) to substitute a program collection site in the
10    county with either (i) 4 one-day collection events in the
11    county or (ii) a different number of such events in the
12    county as may be provided in the written agreement;
13        (3) to substitute the location of a program collection
14    site in the county for the program year with another
15    location in the county; or
16        (4) to substitute the location of a one-day collection
17    in the county with another location in the county.
18    An agreement made pursuant to paragraphs (1) or (2) of this
19subsection (b) shall be reduced to writing and included in the
20manufacturer e-waste program plan as required under subsection
21(a) of Section 1-25 of this Act.
22    (c) To facilitate the equitable allocation of covered
23electronic device collection and recycling obligations among
24manufacturers participating in a manufacturer e-waste program,
25beginning November 1, 2018 and by November 1 of each year
26thereafter, the Agency shall determine each manufacturer's

 

 

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1collection obligation for each CED category that takes into
2account the market share of a manufacturer so that the
3manufacturer's obligations are allocated based on the weight of
4the manufacturer's sales in each CED category, divided by the
5weight of all sales in each CED category multiplied by the
6proportion of the weight of CEDs in each CED category collected
7from county collection sites used in the manufacturer's e-waste
8program in the prior program year. The manufacturer's
9collection obligation calculated in this subsection (c) shall
10be expressed as a percentage.
11    (d) Nothing in this Act shall prevent a manufacturer from
12using retail collection sites to satisfy the manufacturer's
13obligations under this Section.
 
14    Section 1-20. Election to participate in manufacturer
15e-waste programs. Beginning with program year 2019, a county
16may elect to participate in a manufacturer e-waste program by
17having the county recycling coordinator file with the
18manufacturer e-waste program and the Agency, on or before March
191, 2018, and on or before March 1 of each year thereafter for
20the upcoming program year, a written notice of election to
21participate in the program. The written notice shall include a
22list of proposed collection locations likely to be available
23and appropriate to support this program, and may include
24locations already providing similar collection services. The
25written notice may include a list of registered recyclers that

 

 

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1the county would prefer using for its collection sites or
2one-day events.
3    County program coordinators may contract with registered
4collectors to operate collection sites. Eligible registered
5collectors are not limited to private companies and
6non-government organizations. All collectors operating county
7supervised programs shall abide by the standards in Section
81-45.
9    Should a county elect not to participate in the program, a
10municipal joint action agency, representing residents within a
11certain geographic area in the non-participating county can
12elect to participate in the e-waste program on behalf of the
13residents of the municipal joint action agency.
 
14    Section 1-25. Manufacturer e-waste program plans.
15    (a) By July 1, 2018, and by July 1 of each year thereafter
16for the upcoming program year, beginning with program year
172019, each manufacturer shall, individually or as a
18manufacturer clearinghouse, submit to the Agency a
19manufacturer e-waste program plan and assume the financial
20responsibility for bulk transportation, packaging materials
21necessary to prepare shipments in compliance with best
22practices, and recycling of collected CEDs, which includes, at
23a minimum, the following:
24        (1) the contact information for the individual who will
25    serve as the point of contact for the manufacturer e-waste

 

 

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1    program;
2        (2) the identity of each county that has elected to
3    participate in the manufacturer e-waste program during the
4    program year;
5        (3) for each county, the location of each program
6    collection site and one-day collection event included in
7    the manufacturer e-waste program for the program year;
8        (4) the collector operating each program collection
9    site and one-day collection event included in the
10    manufacturer e-waste program for the program year;
11        (5) the recyclers that manufacturers plan to use during
12    the program year to transport and subsequently recycle
13    residential CEDs under the program, with the updated list
14    of recyclers to be provided to the Agency no later than
15    December 1 preceding each program year; and
16        (6) an explanation of any deviation by the program from
17    the standard program collection site distribution set
18    forth in subsection (a) of Section 1-15 of this Act for the
19    program year, along with copies of all written agreements
20    made pursuant to paragraphs (1) or (2) of subsection (b) of
21    Section 1-15 for the program year.
22    (b) Within 60 days after receiving a manufacturer e-waste
23program plan, the Agency shall review the plan and approve the
24plan or disapprove the plan.
25        (1) If the Agency determines that the program
26    collection sites and one-day collection events specified

 

 

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1    in the plan will satisfy the convenience standard set forth
2    in Section 1-15 of this Act, then the Agency shall approve
3    the manufacturer e-waste program plan and provide written
4    notification of the approval to the individual who serves
5    as the point of contact for the manufacturer. The Agency
6    shall post the approved plan on the Agency's website.
7        (2) If the Agency determines the plan will not satisfy
8    the convenience standard set forth in Section 1-15 of this
9    Act, then the Agency shall disapprove the manufacturer
10    e-waste program plan and provide written notification of
11    the disapproval and the reasons for the disapproval to the
12    individual who serves as the point of contact for the
13    manufacturer. Within 30 days after the date of disapproval,
14    the individual who serves as the point of contact for the
15    manufacturer shall submit a revised manufacturer e-waste
16    program plan that addresses the deficiencies noted in the
17    Agency's disapproval.
 
18    Section 1-30. Manufacturer registration.
19    (a) By April 1, 2018, and by April 1 of each year
20thereafter for the upcoming program year, beginning with
21program year 2019, each manufacturer who sells CEDs in the
22State must register with the Agency by: (i) submitting to the
23Agency a $3,000 registration fee; and (ii) completing and
24submitting to the Agency the registration form prescribed by
25the Agency. Information on the registration form shall include,

 

 

10000SB1417sam001- 19 -LRB100 09551 MJP 26012 a

1without limitation, all of the following:
2        (1) a list of all of the brands and labels under which
3    the manufacturer's CEDs are sold or offered for sale in the
4    State;
5        (2) the weight of all televisions sold or offered for
6    sale under any of the manufacturer's brands or labels in
7    the United States during the calendar year 2 years before
8    the applicable program year;
9        (3) the weight of all desktop computers sold or offered
10    for sale under any of the manufacturer's brands or labels
11    in the United States during the calendar year 2 years
12    before the applicable program year;
13        (4) the weight of all desktop computer monitors sold or
14    offered for sale under any of the manufacturer's brands or
15    labels in the United States during the calendar year 2
16    years before the applicable program year;
17        (5) the weight of all small-scale servers sold or
18    offered for sale under any of the manufacturer's brands or
19    labels in the United States during the calendar year 2
20    years before the applicable program year; and
21        (6) the weight of all desktop printers sold or offered
22    for sale under any of the manufacturer's brands or labels
23    in the United States during the calendar year 2 years
24    before the applicable program year.
25    If, during a program year, any of the manufacturer's CEDs
26are sold or offered for sale in the State under a brand that is

 

 

10000SB1417sam001- 20 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 21 -LRB100 09551 MJP 26012 a

1readily visible on, the CED.
 
2    Section 1-35. Retailer responsibilities.
3    (a) Beginning in program year 2019, no retailer who first
4sells, through a sales outlet, catalogue, or the Internet, a
5CED at retail to an individual for residential use may sell or
6offer for sale any CED in or for delivery into this State
7unless:
8        (1) the CED is labeled with a brand, and the label is
9    permanently affixed and readily visible; and
10        (2) the manufacturer is registered with the Agency at
11    the time the retailer purchases the CED.
12    (b) A retailer shall be considered to have complied with
13paragraphs (1) and (2) of subsection (a) if:
14        (1) a manufacturer registers with the agency within 30
15    days of a retailer taking possession of the manufacturer's
16    CED;
17        (2) a manufacturer's registration expires and the
18    retailer ordered the CED prior to the expiration, in which
19    case the retailer may sell the CED, but only if the sale
20    takes place within 180 days of the expiration; or
21        (3) a manufacturer is no longer conducting business and
22    has no successor in interest the retailer may sell any
23    orphan CED ordered prior to the discontinuation of
24    business.
25    (c) Retailers shall not be considered collectors under the

 

 

10000SB1417sam001- 22 -LRB100 09551 MJP 26012 a

1convenience standard and retail collection sites shall not be
2considered a collection site for the purposes of the
3convenience standard pursuant to Sections 1-10, 1-15, and 1-25
4unless otherwise agreed to in writing by the retailer,
5operators of the manufacture e-waste program, and the county
6coordinator. If retailers agree to participate in a county
7program collection site, then the retailer collection site does
8not have to collect all CEDs or register as a collector.
9    (d) Manufacturers may use retail collection sites for
10satisfying some or all of their obligations pursuant to
11Sections 1-10, 1-15 and 1-25.
12    (e) Nothing in this Act shall prohibit a retailer from
13collecting a fee for each CED collected.
 
14    Section 1-40. Recycler responsibilities.
15    (a) By January 1, 2019, and by January 1 of each year
16thereafter for that program year, beginning with program year
172019, each recycler must register with the Agency by (i)
18submitting to the Agency a $3,000 registration fee and (ii)
19completing and submitting to the Agency the registration form
20prescribed by the Agency. The registration form prescribed by
21the Agency shall include, without limitation, the address of
22each location where the recycler manages residential CEDs. All
23registration fees collected by the Agency pursuant to this
24Section shall be deposited into the Solid Waste Management
25Fund.

 

 

10000SB1417sam001- 23 -LRB100 09551 MJP 26012 a

1    (b) The Agency shall post on the Agency's website a list of
2all registered recyclers and the information requested by
3subsection (d) of Section 1-40.
4    (c) Beginning in program year 2019, no person may act as a
5recycler of residential CEDs for a manufacturer's e-waste
6program unless the recycler is registered with the Agency as
7required under this Section.
8    (d) Beginning in program year 2019, recyclers must, at a
9minimum, comply with all of the following:
10        (1) Recyclers must comply with federal, State, and
11    local laws and regulations, including federal and State
12    minimum wage laws, specifically relevant to the handling,
13    processing, and recycling of residential CEDs and must have
14    proper authorization by all appropriate governing
15    authorities to perform the handling, processing, and
16    recycling.
17        (2) Recyclers must implement the appropriate measures
18    to safeguard occupational and environmental health and
19    safety, through the following:
20            (A) environmental health and safety training of
21        personnel, including training with regard to material
22        and equipment handling, worker exposure, controlling
23        releases, and safety and emergency procedures;
24            (B) an up-to-date, written plan for the
25        identification and management of hazardous materials;
26        and

 

 

10000SB1417sam001- 24 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 25 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 26 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 27 -LRB100 09551 MJP 26012 a

1    demonstrate: (i) the reasonable expectation that there is a
2    downstream market or uses for designated electronics,
3    which may include recycling or reclamation processes such
4    as smelting to recover metals for reuse; and (ii) that any
5    residuals from recycling or reclamation processes, or
6    both, are properly handled and managed to maximize reuse
7    and recycling of materials to the extent practical.
8        (12) Recyclers must employ industry-accepted
9    procedures for the destruction or sanitization of data on
10    hard drives and other data storage devices. Acceptable
11    guidelines for the destruction or sanitization of data are
12    contained in the National Institute of Standards and
13    Technology's Guidelines for Media Sanitation or those
14    guidelines certified by the National Association for
15    Information Destruction.
16        (13) No recycler may employ prison labor in any
17    operation related to the collection, transportation, and
18    recycling of CEDs. No recycler may employ any third party
19    that uses or subcontracts for the use of prison labor.
20    (e) Each recycler shall, during each calendar year,
21transport from each site that the recycler uses to manage
22residential CEDs not less than 75% of the total weight of
23residential CEDs present at the site during the preceding
24calendar year. Each recycler shall maintain on-site records
25that demonstrate compliance with this requirement and shall
26make those records available to the Agency for inspection and

 

 

10000SB1417sam001- 28 -LRB100 09551 MJP 26012 a

1copying.
2    Nothing in this Act shall prevent a person from acting as a
3recycler independently of a manufacturer e-waste program.
 
4    Section 1-45. Collector responsibilities.
5    (a) By January 1, 2019, and by January 1 of each year
6thereafter for that program year, beginning with program year
72019, a person acting as a collector under a manufacturer
8e-waste program shall register with the Agency by completing
9and submitting to the Agency the registration form prescribed
10by the Agency. The registration form prescribed by the Agency
11must include, without limitation, the address of each location
12at which the collector accepts residential CEDs.
13    (b) The Agency shall post on the Agency's website a list of
14all registered collectors.
15    (c) Manufacturers and recyclers acting as collectors shall
16so indicate on their registration under Section 1-30 or 1-40 of
17this Act.
18    (d) By January 31, 2020 and every January 31 thereafter,
19each collector that operates a program collection site or
20one-day collection event shall report its previous program year
21data on CEDs collected to the Agency and manufacturer
22clearinghouse to assist in satisfying a manufacturer's
23obligation pursuant to subsection (c) of Section 1-15.
24    (e) Each collector that operates a program collection site
25or one-day event shall ensure that the collected CEDs are

 

 

10000SB1417sam001- 29 -LRB100 09551 MJP 26012 a

1sorted and loaded in compliance with local, State, and federal
2law and in accordance with best practices recommended by the
3recycler and Section 1-85 of this Act. In addition, at a
4minimum, the collector shall also comply with the following
5requirements:
6        (1) all CEDs must be accepted at the collection site or
7    one-day event unless otherwise provided in this Act;
8        (2) CEDs shall be kept separate from other material and
9    shall be:
10            (A) packaged in a manner to prevent breakage; and
11            (B) loaded onto pallets and secured with plastic
12        wrap or in pallet-sized bulk containers prior to
13        shipping; and
14            (C) on average per collection site 18,000 pounds
15        per shipment, and if not then the recycler may charge
16        the collector a prorate charge on the shortfall in
17        weight, not to exceed $600.
18        (3) CEDs shall be sorted into the following categories:
19            (A) computer monitors and televisions containing a
20        cathode ray tube, other than televisions with wooden
21        exteriors;
22            (B) computer monitors and televisions containing a
23        flat panel screen;
24            (C) all other covered televisions;
25            (D) computers;
26            (E) all other CEDs; and

 

 

10000SB1417sam001- 30 -LRB100 09551 MJP 26012 a

1            (F) any electronic device that is not part of the
2        manufacturer program that the collector has arranged
3        to have picked up with CEDs and for which a financial
4        arrangement has been made to cover the recycling costs
5        outside of the manufacturer program; and
6        (4) containers holding the CEDs must be structurally
7    sound for transportation.
8    (e) Except as provided in subsection (f) of this Section,
9each collector that operates a program collection site or
10one-day collection event during a program year shall accept all
11residential CEDs that are delivered to the program collection
12site or one-day collection event during the program year.
13    (f) No collector that operates a program collection site or
14one-day collection event shall accept more than 7 residential
15CEDs from an individual at any one time.
16    (g) Beginning in program year 2019, registered collectors
17participating in county supervised collection programs may
18collect a fee, for each desktop computer monitor or television
19accepted for recycling to cover costs for collection and
20preparation for bulk shipment or cover cost for subsection (e)
21of Section 1-45.
22    (h) Nothing in this Act shall prevent an individual from
23acting as a collector independently of a manufacturer e-waste
24program.
 
25    Section 1-50. Penalties.

 

 

10000SB1417sam001- 31 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 32 -LRB100 09551 MJP 26012 a

1other relief provided by any other law.
 
2    Section 1-55. Administrative citations.
3    (a) Any violation of a registration requirement in Sections
41-30, 1-40, or 1-45 of this Act, any violation of the reporting
5requirement in paragraph (4) of subsection (b) of Section 1-10
6of this Act, and any violation of the plan submission
7requirement in subsection (a) of Section 1-25 of this Act shall
8be enforceable by administrative citation issued by the Agency.
9Whenever Agency personnel shall, on the basis of direct
10observation, determine that any person has violated any of
11those provisions, the Agency may issue and serve, within 60
12days after the observed violation, an administrative citation
13upon that person. Each citation shall be served upon the person
14named or the person's authorized agent for service of process
15and shall include the following:
16        (1) a statement specifying the provisions of this Act
17    that the person has violated;
18        (2) the penalty imposed under subsection (d) of Section
19    1-50 of this Act for that violation; and
20        (3) an affidavit by the personnel observing the
21    violation, attesting to their material actions and
22    observations.
23    (b) If the person named in the administrative citation
24fails to petition the Illinois Pollution Control Board for
25review within 35 days after the date of service, then the Board

 

 

10000SB1417sam001- 33 -LRB100 09551 MJP 26012 a

1shall adopt a final order, which shall include the
2administrative citation and findings of violation as alleged in
3the citation and shall impose the penalty specified in
4subsection (d) of Section 1-50 of this Act.
5    (c) If a petition for review is filed with the Board to
6contest an administrative citation issued under this Section,
7then the Agency shall appear as a complainant at a hearing
8before the Board to be conducted pursuant to subsection (d) of
9this Section at a time not less than 21 days after notice of
10the hearing has been sent by the Board to the Agency and the
11person named in the citation. In those hearings, the burden of
12proof shall be on the Agency. If, based on the record, the
13Board finds that the alleged violation occurred, then the Board
14shall adopt a final order, which shall include the
15administrative citation and findings of violation as alleged in
16the citation, and shall impose the penalty specified in
17subsection (d) of Section 1-50 of this Act. However, if the
18Board finds that the person appealing the citation has shown
19that the violation resulted from uncontrollable circumstances,
20then the Board shall adopt a final order that makes no finding
21of violation and imposes no penalty.
22    (d) All hearings under this Section shall be held before a
23qualified hearing officer, who may be attended by one or more
24members of the Board, designated by the Chairman. All of these
25hearings shall be open to the public, and any person may submit
26written statements to the Board in connection with the subject

 

 

10000SB1417sam001- 34 -LRB100 09551 MJP 26012 a

1of these hearings. In addition, the Board may permit any person
2to offer oral testimony. Any party to a hearing under this
3Section may be represented by counsel, make oral or written
4argument, offer testimony, cross-examine witnesses, or take
5any combination of those actions. All testimony taken before
6the Board shall be recorded stenographically. The transcript so
7recorded and any additional matter accepted for the record
8shall be open to public inspection, and copies of those
9materials shall be made available to any person upon payment of
10the actual cost of reproducing the original.
 
11    Section 1-60. Delegation of county rights and
12responsibilities to municipal joint action agency. If a county
13has delegated to a municipal joint action agency certain powers
14or responsibilities under Section 3.2 of the Intergovernmental
15Cooperation Act with respect to certain geographic areas of the
16county, then the executive director of the municipal joint
17action agency shall have, with respect to those geographic
18areas, the rights and responsibilities that this Act would
19otherwise afford to the county. If a county elects not to
20participate in the program, then a municipal joint action
21agency representing residents within the geographic area of the
22municipal joint action agency can elect to participate in the
23program.
 
24    Section 1-65. Relation to other State laws. Nothing in this

 

 

10000SB1417sam001- 35 -LRB100 09551 MJP 26012 a

1Act affects the validity or application of any other law of
2this State, or regulations adopted thereunder.
 
3    Section 1-75. CRT Retrievable Storage. In order to further
4the policy of the State to reduce the environmental and
5economic impacts of transporting and managing cathode-ray tube
6(CRT) glass, and to support (i) the beneficial use of CRTs in
7accordance with beneficial use determinations issued by the
8Agency under Section 22.54 of the Environmental Protection Act
9and (ii) the storage of CRTs in retrievable storage cells at
10locations within the State for future recovery; for the purpose
11of this Act, a CRT shall be considered to be recycled if:
12        (1) all recyclable components are removed from the
13    device; and
14        (2) the glass from the device is either:
15            (A) beneficially reused in accordance with a
16        beneficial use determination issued under Section
17        22.54 of the Environmental Protection Act; or
18            (B) placed in a storage cell, in a manner that
19        allows it to be retrieved in the future, at a waste
20        disposal site that is permitted to accept the glass.
 
21    Section 1-80. Collection of CEDs outside of the
22manufacturer e-waste program.
23    (a) Nothing in this Act prohibits a waste hauler from
24entering into a contractual agreement with a unit of local

 

 

10000SB1417sam001- 36 -LRB100 09551 MJP 26012 a

1government to establish a collection program for the recycling
2or reuse of CEDs, including services such as curbside
3collection, home pick-up, drop-off locations, or similar
4methods of collection.
5    (b) Nothing in this Act shall prohibit a person from
6establishing an e-waste program independently of a
7manufacturer e-waste program.
 
8    Section 1-83. Landfill ban.
9    (a) Beginning January 1, 2019, no person may knowingly
10cause or allow the mixing of a CED, or any other computer,
11computer monitor, printer, television, electronic keyboard,
12facsimile machine, videocassette recorder, portable digital
13music player, digital video disc player, video game console,
14electronic mouse, scanner, digital converter box, cable
15receiver, satellite receiver, digital video disc recorder, or
16small-scale server with municipal waste that is intended for
17disposal at a landfill.
18    (b) Beginning January 1, 2019, no person may knowingly
19cause or allow the disposal of a CED or any other computer,
20computer monitor, printer, television, electronic keyboard,
21facsimile machine, videocassette recorder, portable digital
22music player, digital video disc player, video game console,
23electronic mouse, scanner, digital converter box, cable
24receiver, satellite receiver, digital video disc recorder, or
25small-scale server in a sanitary landfill.

 

 

10000SB1417sam001- 37 -LRB100 09551 MJP 26012 a

1    (c) Beginning January 1, 2019, no person may knowingly
2cause or allow the mixing of a CED, or any other computer,
3computer monitor, printer, television, electronic keyboard,
4facsimile machine, videocassette recorder, portable digital
5music player, digital video disc player, video game console,
6electronic mouse, scanner, digital converter box, cable
7receiver, satellite receiver, digital video disc recorder, or
8small-scale server with waste that is intended for disposal by
9burning or incineration.
10    (d) Beginning January 1, 2019, no person may knowingly
11cause or allow the burning or incineration of a CED, or any
12other computer, computer monitor, printer, television,
13electronic keyboard, facsimile machine, videocassette
14recorder, portable digital music player, digital video disc
15player, video game console, electronic mouse, scanner, digital
16converter box, cable receiver, satellite receiver, digital
17video disc recorder, or small-scale server.
18    (e)The Provisions of Section 1-50 of this Act do not apply
19to this Section.
 
20    Section 1-85. Best practices. By November 1, 2018 and
21November 1 of each year thereafter, an advisory stakeholder
22group shall submit a document, to be approved annually by a
23majority of the stakeholder group, of agreed-to best practices
24to be used in the following program year and made available on
25the Agency website. The best practices stakeholder group shall

 

 

10000SB1417sam001- 38 -LRB100 09551 MJP 26012 a

1be made up of 8 members, appointed by the Director of the
2Agency, including 2 representatives of county programs, 2
3representatives of recycling companies, 2 representatives from
4the manufacturing industry, one representative from a
5statewide trade association representing retailers, one
6representative of a statewide trade association representing
7manufacturers, one representative of a statewide trade
8association representing waste disposal companies, and one
9representative of a national trade association representing
10manufacturers.
 
11    Section 1-86. Public Reporting. Each year, the Agency shall
12post on its website the information it receives pursuant to
13subdivision (b)(4) of Section 1-10 showing the amounts of
14residential CEDs being collected and recycled in each county in
15each program year. The Agency shall notify the General Assembly
16of the availability of this information.
 
17    Section 1-90. Repeal. This Article is repealed on December
1831, 2026.
 
19
ARTICLE 5. AMENDATORY PROVISIONS

 
20    (30 ILCS 105/5.716 rep.)
21    Section 5-5. The State Finance Act is amended by repealing
22Section 5.716.
 

 

 

10000SB1417sam001- 39 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 40 -LRB100 09551 MJP 26012 a

1same person, the volumes permanently disposed of by each
2landfill shall be combined for purposes of determining the fee
3under this subsection.
4        (1) If more than 150,000 cubic yards of non-hazardous
5    solid waste is permanently disposed of at a site in a
6    calendar year, the owner or operator shall either pay a fee
7    of 95 cents per cubic yard or, alternatively, the owner or
8    operator may weigh the quantity of the solid waste
9    permanently disposed of with a device for which
10    certification has been obtained under the Weights and
11    Measures Act and pay a fee of $2.00 per ton of solid waste
12    permanently disposed of. In no case shall the fee collected
13    or paid by the owner or operator under this paragraph
14    exceed $1.55 per cubic yard or $3.27 per ton.
15        (2) If more than 100,000 cubic yards but not more than
16    150,000 cubic yards of non-hazardous waste is permanently
17    disposed of at a site in a calendar year, the owner or
18    operator shall pay a fee of $52,630.
19        (3) If more than 50,000 cubic yards but not more than
20    100,000 cubic yards of non-hazardous solid waste is
21    permanently disposed of at a site in a calendar year, the
22    owner or operator shall pay a fee of $23,790.
23        (4) If more than 10,000 cubic yards but not more than
24    50,000 cubic yards of non-hazardous solid waste is
25    permanently disposed of at a site in a calendar year, the
26    owner or operator shall pay a fee of $7,260.

 

 

10000SB1417sam001- 41 -LRB100 09551 MJP 26012 a

1        (5) If not more than 10,000 cubic yards of
2    non-hazardous solid waste is permanently disposed of at a
3    site in a calendar year, the owner or operator shall pay a
4    fee of $1050.
5    (c) (Blank).
6    (d) The Agency shall establish rules relating to the
7collection of the fees authorized by this Section. Such rules
8shall include, but not be limited to:
9        (1) necessary records identifying the quantities of
10    solid waste received or disposed;
11        (2) the form and submission of reports to accompany the
12    payment of fees to the Agency;
13        (3) the time and manner of payment of fees to the
14    Agency, which payments shall not be more often than
15    quarterly; and
16        (4) procedures setting forth criteria establishing
17    when an owner or operator may measure by weight or volume
18    during any given quarter or other fee payment period.
19    (e) Pursuant to appropriation, all monies in the Solid
20Waste Management Fund shall be used by the Agency and the
21Department of Commerce and Economic Opportunity for the
22purposes set forth in this Section and in the Illinois Solid
23Waste Management Act, including for the costs of fee collection
24and administration, and for the administration of (1) the
25Consumer Electronics Recycling Act and (2) until January 1,
262020, the Electronic Products Recycling and Reuse Act.

 

 

10000SB1417sam001- 42 -LRB100 09551 MJP 26012 a

1    (f) The Agency is authorized to enter into such agreements
2and to promulgate such rules as are necessary to carry out its
3duties under this Section and the Illinois Solid Waste
4Management Act.
5    (g) On the first day of January, April, July, and October
6of each year, beginning on July 1, 1996, the State Comptroller
7and Treasurer shall transfer $500,000 from the Solid Waste
8Management Fund to the Hazardous Waste Fund. Moneys transferred
9under this subsection (g) shall be used only for the purposes
10set forth in item (1) of subsection (d) of Section 22.2.
11    (h) The Agency is authorized to provide financial
12assistance to units of local government for the performance of
13inspecting, investigating and enforcement activities pursuant
14to Section 4(r) at nonhazardous solid waste disposal sites.
15    (i) The Agency is authorized to support the operations of
16an industrial materials exchange service, and to conduct
17household waste collection and disposal programs.
18    (j) A unit of local government, as defined in the Local
19Solid Waste Disposal Act, in which a solid waste disposal
20facility is located may establish a fee, tax, or surcharge with
21regard to the permanent disposal of solid waste. All fees,
22taxes, and surcharges collected under this subsection shall be
23utilized for solid waste management purposes, including
24long-term monitoring and maintenance of landfills, planning,
25implementation, inspection, enforcement and other activities
26consistent with the Solid Waste Management Act and the Local

 

 

10000SB1417sam001- 43 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 44 -LRB100 09551 MJP 26012 a

1    site in a calendar year.
2    The corporate authorities of the unit of local government
3may use proceeds from the fee, tax, or surcharge to reimburse a
4highway commissioner whose road district lies wholly or
5partially within the corporate limits of the unit of local
6government for expenses incurred in the removal of
7nonhazardous, nonfluid municipal waste that has been dumped on
8public property in violation of a State law or local ordinance.
9    A county or Municipal Joint Action Agency that imposes a
10fee, tax, or surcharge under this subsection may use the
11proceeds thereof to reimburse a municipality that lies wholly
12or partially within its boundaries for expenses incurred in the
13removal of nonhazardous, nonfluid municipal waste that has been
14dumped on public property in violation of a State law or local
15ordinance.
16    If the fees are to be used to conduct a local sanitary
17landfill inspection or enforcement program, the unit of local
18government must enter into a written delegation agreement with
19the Agency pursuant to subsection (r) of Section 4. The unit of
20local government and the Agency shall enter into such a written
21delegation agreement within 60 days after the establishment of
22such fees. At least annually, the Agency shall conduct an audit
23of the expenditures made by units of local government from the
24funds granted by the Agency to the units of local government
25for purposes of local sanitary landfill inspection and
26enforcement programs, to ensure that the funds have been

 

 

10000SB1417sam001- 45 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 46 -LRB100 09551 MJP 26012 a

1under this subsection (j) may be made applicable by a unit of
2local government to the permanent disposal of solid waste after
3December 31, 1986, under any contract lawfully executed before
4June 1, 1986 under which more than 150,000 cubic yards (or
550,000 tons) of solid waste is to be permanently disposed of,
6even though the waste is exempt from the fee imposed by the
7State under subsection (b) of this Section pursuant to an
8exemption granted under Section 22.16.
9    (k) In accordance with the findings and purposes of the
10Illinois Solid Waste Management Act, beginning January 1, 1989
11the fee under subsection (b) and the fee, tax or surcharge
12under subsection (j) shall not apply to:
13        (1) Waste which is hazardous waste; or
14        (2) Waste which is pollution control waste; or
15        (3) Waste from recycling, reclamation or reuse
16    processes which have been approved by the Agency as being
17    designed to remove any contaminant from wastes so as to
18    render such wastes reusable, provided that the process
19    renders at least 50% of the waste reusable; or
20        (4) Non-hazardous solid waste that is received at a
21    sanitary landfill and composted or recycled through a
22    process permitted by the Agency; or
23        (5) Any landfill which is permitted by the Agency to
24    receive only demolition or construction debris or
25    landscape waste.
26(Source: P.A. 97-333, eff. 8-12-11.)
 

 

 

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1    Section 5-15. The Electronic Products Recycling and Reuse
2Act is amended by changing Sections 15, 20, 30, 40, 50, 55, 60,
3and 85 and by adding Section 100 as follows:
 
4    (415 ILCS 150/15)
5    Sec. 15. Statewide recycling and reuse goals for all
6covered electronic devices.
7    (a) For program year 2010, the statewide recycling or reuse
8goal for all CEDs is the product of: (i) the latest population
9estimate for the State, as published on the U.S. Census
10Bureau's website on January 1, 2010; multiplied by (ii) 2.5
11pounds per capita.
12    (b) For program year 2011, the statewide recycling or reuse
13goal for all CEDs is the product of: (i) the 2010 base weight;
14multiplied by (ii) the 2010 goal attainment percentage.
15    For the purposes of this subsection (b):
16    The "2010 base weight" means the greater of: (i) twice the
17total weight of all CEDs that were recycled or processed for
18reuse between January 1, 2010 and June 30, 2010 as reported to
19the Agency under subsection (i) or (j) of Section 30; or (ii)
20twice the total weight of all CEDs that were recycled or
21processed for reuse between January 1, 2010 and June 30, 2010
22as reported to the Agency under subsection (c) of Section 55.
23    The "2010 goal attainment percentage" means:
24        (1) 90% if the 2010 base weight is less than 90% of the

 

 

10000SB1417sam001- 48 -LRB100 09551 MJP 26012 a

1    statewide recycling or reuse goal for program year 2010;
2        (2) 95% if the 2010 base weight is 90% or greater, but
3    does not exceed 95%, of the statewide recycling or reuse
4    goal for program year 2010;
5        (3) 100% if the 2010 base weight is 95% or greater, but
6    does not exceed 105%, of the statewide recycling or reuse
7    goal for program year 2010;
8        (4) 105% if the 2010 base weight is 105% or greater,
9    but does not exceed 110%, of the statewide recycling or
10    reuse goal for program year 2010; and
11        (5) 110% if the 2010 base weight is 110% or greater of
12    the statewide recycling or reuse goal for program year
13    2010.
14    (c) For program year 2012 and for each of the following
15categories of electronic devices, each manufacturer shall
16recycle or reuse at least 40% of the total weight of the
17electronic devices that the manufacturer sold in that category
18in Illinois during the calendar year beginning January 1, 2010:
19computers, monitors, televisions, printers, electronic
20keyboards, facsimile machines, video cassette recorders,
21portable digital music players, digital video disc players,
22video game consoles, electronic mice, scanners, digital
23converter boxes, cable receivers, satellite receivers, digital
24video disc recorders, and small-scale servers. To determine the
25manufacturer's annual recycling or reuse goal, the
26manufacturer shall use its own Illinois sales data or its own

 

 

10000SB1417sam001- 49 -LRB100 09551 MJP 26012 a

1national sales data proportioned to Illinois' share of the U.S.
2population, based on the U.S. Census population estimate for
32009.
4    (c-5) For program year 2013 and program year 2014 and for
5each of the following categories of electronic devices, each
6manufacturer shall recycle or reuse at least 50% of the total
7weight of the electronic devices that the manufacturer sold in
8that category in Illinois during the calendar year 2 years
9before the applicable program year: computers, monitors,
10televisions, printers, electronic keyboards, facsimile
11machines, video cassette recorders, portable digital music
12players, digital video disc players, video game consoles,
13electronic mice, scanners, digital converter boxes, cable
14receivers, satellite receivers, digital video disc recorders,
15and small-scale servers.
16    To determine the manufacturer's annual recycling or reuse
17goal, the manufacturer shall use its own Illinois sales data or
18its own national sales data proportioned to Illinois' share of
19the U.S. population, based on the most recent U.S. Census data.
20    (c-6) For program year 2015, the total annual recycling
21goal for all manufacturers shall be as follows:
22        (1) 30,800,000 pounds for manufacturers of televisions
23    and computer monitors; and
24        (2) 15,800,000 pounds for manufacturers of all other
25    covered electronic devices.
26    For program year 2016 and program year 2017 and program

 

 

10000SB1417sam001- 50 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 51 -LRB100 09551 MJP 26012 a

1data proportioned to Illinois' share of the U.S. population,
2based on the most recent U.S. census data.
3    (d) In order to further the policy of the State of Illinois
4to reduce the environmental and economic impacts of
5transporting and managing cathode-ray tube (CRT) glass, and to
6support (i) the beneficial use of CRTs in accordance with
7beneficial use determinations issued by the Agency under
8Section 22.54 of the Environmental Protection Act and (ii) the
9storage of CRTs in retrievable storage cells at locations
10within the State for future recovery, the total weight of a CRT
11device, prior to processing, may be applied toward the
12manufacturer's annual recycling or reuse goal, provided that:
13        (1) all recyclable components are removed from the
14    device; and
15        (2) the glass from the device is either:
16            (A) beneficially reused in accordance with a
17        beneficial use determination issued under Section
18        22.54 of the Environmental Protection Act; or
19            (B) placed in a storage cell, in a manner that
20        allows it to be retrieved in the future, at a waste
21        disposal site that is permitted to accept the glass.
22(Source: P.A. 99-13, eff. 7-10-15.)
 
23    (415 ILCS 150/20)
24    Sec. 20. Agency responsibilities.
25    (a) The Agency has the authority to monitor compliance with

 

 

10000SB1417sam001- 52 -LRB100 09551 MJP 26012 a

1this Act, enforce violations of the Act by administrative
2citation, and refer violations of this Act to the Attorney
3General.
4    (b) No later than October 1 of each program year, through
5October 1, 2017, the Agency shall post on its website a list of
6underserved counties in the State for the next program year.
7The list of underserved counties for program years 2010 and
82011 is set forth in subsection (a) of Section 60.
9    (c) From July 1, 2009 until December 31, 2015, the Agency
10shall implement a county and municipal government education
11campaign to inform those entities about this Act and the
12implications on solid waste collection in their localities.
13    (c-5) Subject to appropriation, no No later than February
141, 2012 and every February 1 thereafter, through February 1,
152018, the Agency shall use a portion of the manufacturer,
16recycler, and refurbisher registration fees to provide a $2,000
17grant to the recycling coordinator in each county of the State
18in order to inform residents in each county about this Act and
19opportunities to recycle CEDs and EEDs. The recycling
20coordinator shall expend the $2,000 grant before December 31 of
21the program year in which the grant is received. The recycling
22coordinator shall maintain records that document the use of the
23grant funds.
24    (c-10) By June 15, 2012 and by December 15, 2012, and by
25every June 15 and December 15 thereafter through December 15,
262015, the Agency shall meet with associations that represent

 

 

10000SB1417sam001- 53 -LRB100 09551 MJP 26012 a

1Illinois retail merchants twice each year to discuss compliance
2with Section 40.
3    (c-15) By December 15, 2012 and each December 15
4thereafter, through December 15, 2018, the Agency shall post on
5its website: (i) the mailing address of each collection site at
6which collectors collected CEDs and EEDs during the program
7year and (ii) the amount in pounds of total CEDs and total EEDs
8collected at the collection site during the program year.
9    (d) By July 1, 2011 for the first program year, and by May
1015 for all subsequent program years, except for program years
112015, 2016, and 2017, and 2018, the Agency shall report to the
12Governor and to the General Assembly annually on the previous
13program year's performance. The report must be posted on the
14Agency's website. The report must include, but not be limited
15to, the following:
16        (1) the total overall weight of CEDs, as well as the
17    sub-total weight of computers, the sub-total weight of
18    computer monitors, the sub-total weight of printers, the
19    sub-total weight of televisions, and the total weight of
20    EEDs that were recycled or processed for reuse in the State
21    during the program year, as reported by manufacturers and
22    collectors under Sections 30 and 55;
23        (2) a listing of all collection sites, as set forth
24    under subsection (a) of Section 55, and the addresses of
25    those sites;
26        (3) a statement showing, for the preceding program

 

 

10000SB1417sam001- 54 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 55 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 56 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 57 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 58 -LRB100 09551 MJP 26012 a

1    violated;
2        (2) a copy of the inspection report in which the Agency
3    or local government recorded the violation and the date and
4    time of the inspection;
5        (3) the penalty imposed under Section 80; and
6        (4) an affidavit by the personnel observing the
7    violation, attesting to their material actions and
8    observations.
9    (l) If the person named in the administrative citation
10fails to petition the Illinois Pollution Control Board for
11review within 35 days after the date of service, the Board
12shall adopt a final order, which shall include the
13administrative citation and findings of violation as alleged in
14the citation and shall impose the penalty specified in Section
1580.
16    (m) If a petition for review is filed with the Board to
17contest an administrative citation issued under this Section,
18the Agency or unit of local government shall appear as a
19complainant at a hearing before the Board to be conducted
20pursuant to subsection (n) of this Section at a time not less
21than 21 days after notice of the hearing has been sent by the
22Board to the Agency or unit of local government and the person
23named in the citation. In those hearings, the burden of proof
24shall be on the Agency or unit of local government. If, based
25on the record, the Board finds that the alleged violation
26occurred, it shall adopt a final order, which shall include the

 

 

10000SB1417sam001- 59 -LRB100 09551 MJP 26012 a

1administrative citation and findings of violation as alleged in
2the citation, and shall impose the penalty specified in Section
380 of this Act. However, if the Board finds that the person
4appealing the citation has shown that the violation resulted
5from uncontrollable circumstances, the Board shall adopt a
6final order that makes no finding of violation and imposes no
7penalty.
8    (n) All hearings under this Act shall be held before a
9qualified hearing officer, who may be attended by one or more
10members of the Board, designated by the Chairman. All of these
11hearings shall be open to the public, and any person may submit
12written statements to the Board in connection with the subject
13of these hearings. In addition, the Board may permit any person
14to offer oral testimony. Any party to a hearing under this
15subsection may be represented by counsel, make oral or written
16argument, offer testimony, cross-examine witnesses, or take
17any combination of those actions. All testimony taken before
18the Board shall be recorded stenographically. The transcript so
19recorded and any additional matter accepted for the record
20shall be open to public inspection, and copies of those
21materials shall be made available to any person upon payment of
22the actual cost of reproducing the original.
23    (o) Through December 31, 2019, counties Counties that have
24entered into a delegation agreement with the Agency pursuant to
25subsection (r) of Section 4 of the Illinois Environmental
26Protection Act for the purpose of conducting inspection,

 

 

10000SB1417sam001- 60 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 61 -LRB100 09551 MJP 26012 a

1    small-scale servers to be offered for sale in the next
2    program year;
3        (2) (blank); and
4        (3) a statement disclosing whether any of the
5    manufacturer's computers, computer monitors, printers,
6    televisions, electronic keyboards, facsimile machines,
7    videocassette recorders, portable digital music players,
8    digital video disc players, video game consoles,
9    electronic mice, scanners, digital converter boxes, cable
10    receivers, satellite receivers, digital video disc
11    recorders, or small-scale servers sold in this State exceed
12    the maximum concentration values established for lead,
13    mercury, cadmium, hexavalent chromium, polybrominated
14    biphenyls (PBBs), and polybrominated diphenyl ethers
15    (PBDEEs) under the RoHS (restricting the use of certain
16    hazardous substances in electrical and electronic
17    equipment) Directive 2002/95/EC of the European Parliament
18    and Council and any amendments thereto and, if so, an
19    identification of the aforementioned electronic device
20    that exceeds the directive.
21    If, during the program year, any of the manufacturer's
22aforementioned electronic devices are sold or offered for sale
23in Illinois under a new brand that is not listed in the
24manufacturer's registration, then, within 30 days after the
25first sale or offer for sale under the new brand, the
26manufacturer must amend its registration to add the new brand.

 

 

10000SB1417sam001- 62 -LRB100 09551 MJP 26012 a

1    (b) Prior to July 1, 2009 for the first program year, and
2by the November 1 preceding each program year thereafter,
3through program year 2018 years 2011 and later, all
4manufacturers whose computers, computer monitors, printers,
5televisions, electronic keyboards, facsimile machines,
6videocassette recorders, portable digital music players,
7digital video disc players, video game consoles, electronic
8mice, scanners, digital converter boxes, cable receivers,
9satellite receivers, digital video disc recorders, or
10small-scale servers are offered for sale in the State shall
11submit to the Agency, at an address prescribed by the Agency,
12the registration fee for the next program year. The
13registration fee for program year 2010 is $5,000. The
14registration fee for program year 2011 is $5,000, increased by
15the applicable inflation factor as described below. In program
16year 2012, if, in program year 2011, a manufacturer sold 250 or
17fewer of the aforementioned electronic devices in the State,
18then the registration fee for that manufacturer is $1,250. In
19each program year after 2012, if, in the preceding program
20year, a manufacturer sold 250 or fewer of the aforementioned
21electronic devices in the State, then the registration fee is
22the fee that applied in the previous year to manufacturers that
23sold that number of the aforementioned electronic devices,
24increased by the applicable inflation factor as described
25below. In program year 2012, if, in the preceding program year
26a manufacturer sold 251 or more of the aforementioned

 

 

10000SB1417sam001- 63 -LRB100 09551 MJP 26012 a

1electronic devices in the State, then the registration fee for
2that manufacturer is $5,000. In each program year after 2012
3through program year 2018, if, in the preceding program year, a
4manufacturer sold 251 or more of the aforementioned electronic
5devices in the State, then the registration fee is the fee that
6applied in the previous year to manufacturers that sold that
7number of the aforementioned electronic devices, increased by
8the applicable inflation factor as described below. For program
9year 2011, program year 2013, and each program year thereafter,
10through program year 2018, the applicable registration fee is
11increased each year by an inflation factor determined by the
12annual Implicit Price Deflator for Gross National Product, as
13published by the U.S. Department of Commerce in its Survey of
14Current Business. The inflation factor must be calculated each
15year by dividing the latest published annual Implicit Price
16Deflator for Gross National Product by the annual Implicit
17Price Deflator for Gross National Product for the previous
18year. The inflation factor must be rounded to the nearest
191/100th, and the resulting registration fee must be rounded to
20the nearest whole dollar. No later than October 1 of each
21program year, through October 1, 2017, the Agency shall post on
22its website the registration fee for the next program year.
23    (c) Through program year 2018, a A manufacturer whose
24computers, computer monitors, printers, televisions,
25electronic keyboards, facsimile machines, videocassette
26recorders, portable digital music players, digital video disc

 

 

10000SB1417sam001- 64 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 65 -LRB100 09551 MJP 26012 a

1        (2) The total weight of CEDs is tripled if they are
2    donated for reuse by the manufacturer to a primary or
3    secondary public education institution the majority of
4    whose students are considered low income or
5    developmentally disabled or to low-income children or
6    families or to assist the developmentally disabled in
7    Illinois. This subsection applies only to CEDs for which
8    the manufacturer has received a written confirmation that
9    the recipient has accepted the donation. Copies of all
10    written confirmations must be submitted in the annual
11    report required under Section 30.
12        (3) The total weight of CEDs collected by manufacturers
13    free of charge in underserved counties is doubled. This
14    subsection applies only to CEDs that are documented by
15    collectors as being collected or received free of charge in
16    underserved counties. This documentation must include,
17    without limitation, the date and location of collection or
18    receipt, the weight of the CEDs collected or received, and
19    an acknowledgement by the collector that the CEDs were
20    collected or received free of charge. Copies of the
21    documentation must be submitted in the annual report
22    required under subsection (h), (i), (j), (k), or (l) of
23    Section 30.
24        (4) If an entity (i) collects, recycles, or refurbishes
25    CEDs for a manufacturer, (ii) qualifies for non-profit
26    status under Section 501(c)(3) of the Internal Revenue Code

 

 

10000SB1417sam001- 66 -LRB100 09551 MJP 26012 a

1    of 1986, and (iii) at least 75% of its employees are
2    developmentally disabled, then the total weight of CEDs
3    will be tripled. A manufacturer that uses such a recycler
4    or refurbisher shall submit documentation in the annual
5    report required under Section 30 identifying the name,
6    location, and length of service of the entity that
7    qualifies for credit under this subsection.
8    (e) (Blank).
9    (f) Through program year 2018, manufacturers Manufacturers
10shall ensure that only recyclers and refurbishers that have
11registered with the Agency are used to meet the individual
12recycling and reuse goals set forth in this Act.
13    (g) Through program year 2018, manufacturers Manufacturers
14shall ensure that the recyclers and refurbishers used to meet
15the individual recycling and reuse goals set forth in this Act
16shall, at a minimum, comply with the standards set forth under
17subsection (d) of Section 50 of this Act. By November 1, 2011
18and every November 1 thereafter, through November 1, 2017,
19manufacturers shall submit a document, as prescribed by the
20Agency, listing each registered recycler and refurbisher that
21will be used to meet the manufacturer's annual CED recycling
22and reuse goal and certifying that those recyclers or
23refurbishers comply with the standards set forth in subsection
24(d) of Section 50.
25    (h) By September 1, 2012 and every September 1 thereafter,
26through September 1, 2017, manufacturers of computers,

 

 

10000SB1417sam001- 67 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 68 -LRB100 09551 MJP 26012 a

1digital converter boxes, cable receivers, satellite receivers,
2digital video disc recorders, and small-scale servers shall
3submit to the Agency, on forms and in a format prescribed by
4the Agency, a report that contains all of the following
5information for the previous program year:
6        (1) The total weight of computers, the total weight of
7    computer monitors, the total weight of printers, facsimile
8    machines, and scanners, the total weight of televisions,
9    the total weight of the remaining CEDs, and the total
10    weight of EEDs recycled or processed for reuse.
11        (2) The identification of all weights that are adjusted
12    under subsection (d) of this Section. For all weights
13    adjusted under item (2) of subsection (d), the manufacturer
14    must include copies of the written confirmation required
15    under that subsection.
16        (3) A list of each recycler, refurbisher, and collector
17    used by the manufacturer to fulfill the manufacturer's
18    individual recycling and reuse goal set forth in
19    subsections (c) and (c-5) of Section 15 of this Act.
20        (4) A summary of the manufacturer's consumer education
21    program required under subsection (m) of this Section.
22    (m) Through program year 2018, manufacturers Manufacturers
23must develop and maintain a consumer education program that
24complements and corresponds to the primary retailer-driven
25campaign required under Section 40 of this Act. The education
26program shall promote the recycling of electronic products and

 

 

10000SB1417sam001- 69 -LRB100 09551 MJP 26012 a

1proper end-of-life management of the products by consumers.
2    (n) Beginning January 1, 2012, and through December 31,
32018, no manufacturer may sell a computer, computer monitor,
4printer, television, electronic keyboard, facsimile machine,
5videocassette recorder, portable digital music player, digital
6video disc player, video game console, electronic mouse,
7scanner, digital converter box, cable receiver, satellite
8receiver, digital video disc recorder, or small-scale server in
9this State unless the manufacturer is registered with the State
10as required under this Act, has paid the required registration
11fee, and is otherwise in compliance with the provisions of this
12Act.
13    (o) Beginning January 1, 2012, and through December 31,
142018, no manufacturer may sell a computer, computer monitor,
15printer, television, electronic keyboard, facsimile machine,
16videocassette recorder, portable digital music player, digital
17video disc player, video game console, electronic mouse,
18scanner, digital converter box, cable receiver, satellite
19receiver, digital video disc recorder, or small-scale server in
20this State unless the manufacturer's brand name is permanently
21affixed to, and is readily visible on, the computer, computer
22monitor, printer, or television.
23(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
 
24    (415 ILCS 150/40)
25    Sec. 40. Retailer responsibilities.

 

 

10000SB1417sam001- 70 -LRB100 09551 MJP 26012 a

1    (a) Through program year 2018, retailers Retailers shall be
2a primary source of information about end-of-life options to
3residential consumers of computers, computer monitors,
4printers, and televisions. At the time of sale, the retailer
5shall provide each residential consumer with information from
6the Agency's website that provides information detailing where
7and how a consumer can recycle a CED or return a CED for reuse.
8    (b) Beginning January 1, 2010, and through December 31,
92018, no retailer may sell or offer for sale any computer,
10computer monitor, printer, or television in or for delivery
11into this State unless:
12        (1) the computer, computer monitor, printer, or
13    television is labeled with a brand and the label is
14    permanently affixed and readily visible; and
15        (2) the manufacturer is registered with the Agency and
16    has paid the required registration fee as required under
17    Section 20 of this Act.
18This subsection (b) does not apply to any computer, computer
19monitor, printer, or television that was purchased prior to
20January 1, 2010.
21    (c) By July 1, 2009, retailers shall report to each
22television manufacturer, by model, the number of televisions
23sold at retail to individuals in this State under each of the
24manufacturer's brands during the 6-month period from October 1,
252008 through March 31, 2009.
26    (d) (Blank).

 

 

10000SB1417sam001- 71 -LRB100 09551 MJP 26012 a

1    (e) (Blank).
2    (f) Notwithstanding any other provision in this Act a
3retailer may collect a fee for any CED or EED accepted.
4(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
5    (415 ILCS 150/50)
6    Sec. 50. Recycler and refurbisher registration.
7    (a) Prior to January 1 of each program year, through
8program year 2018, each recycler and refurbisher must register
9with the Agency and submit a registration fee pursuant to
10subsection (b) for that program year. Registration must be on
11forms and in a format prescribed by the Agency and shall
12include, but not be limited to, the address of each location
13where the recycler or refurbisher manages CEDs or EEDs and
14identification of each location at which the recycler or
15refurbisher accepts CEDs or EEDs from a residence.
16    (b) The registration fee for program year 2010 is $2,000.
17For program year 2011, if a recycler's or refurbisher's annual
18combined total weight of CEDs and EEDs is less than 1,000 tons
19per year, the registration fee shall be $500. For program year
202012 and for all subsequent program years, through program year
212018, both registration fees shall be increased each year by an
22inflation factor determined by the annual Implicit Price
23Deflator for Gross National Product as published by the U.S.
24Department of Commerce in its Survey of Current Business. The
25inflation factor must be calculated each year by dividing the

 

 

10000SB1417sam001- 72 -LRB100 09551 MJP 26012 a

1latest published annual Implicit Price Deflator for Gross
2National Product by the annual Implicit Price Deflator for
3Gross National Product for the previous year. The inflation
4factor must be rounded to the nearest 1/100th, and the
5resulting registration fee must be rounded to the nearest whole
6dollar. No later than October 1 of each program year, through
7October 1, 2017, the Agency shall post on its website the
8registration fee for the next program year.
9    (c) Through program year 2018, no No person may act as a
10recycler or a refurbisher of CEDs for a manufacturer obligated
11to meet goals under this Act unless the recycler or refurbisher
12is registered with the Agency and has paid the registration fee
13as required under this Section. Beginning in program year 2016,
14and through program year 2018, all recycling or refurbishing
15facilities used by collectors of CEDs and EEDs shall be
16accredited by the Responsible Recycling (R2) Practices or
17e-Stewards certification programs or any other equivalent
18certification programs recognized by the United States
19Environmental Protection Agency. Manufacturers of CEDs and
20EEDs shall ensure that recycling or refurbishing facilities
21used as part of their recovery programs meet this requirement.
22    (c-5) Through program year 2018, a A registered recycler or
23refurbisher of CEDs and EEDs for a manufacturer obligated to
24meet goals under this Act may not charge individual consumers
25or units of local government acting as collectors a fee to
26recycle or refurbish CEDs and EEDs, unless the recycler or

 

 

10000SB1417sam001- 73 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 74 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 75 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 76 -LRB100 09551 MJP 26012 a

1        (9) Recyclers and refurbishers must use the
2    appropriate equipment for the proper processing of
3    incoming materials as well as controlling environmental
4    releases to the environment. The dismantling operations
5    and storage of CED and EED components that contain
6    hazardous substances must be conducted indoors and over
7    impervious floors. Storage areas must be adequate to hold
8    all processed and unprocessed inventory. When heat is used
9    to soften solder and when CED and EED components are
10    shredded, operations must be designed to control indoor and
11    outdoor hazardous air emissions.
12        (10) Recyclers and refurbishers must establish a
13    system for identifying and properly managing components
14    (such as circuit boards, batteries, CRTs, and mercury
15    phosphor lamps) that are removed from CEDs and EEDs during
16    disassembly. Recyclers and refurbishers must properly
17    manage all hazardous and other components requiring
18    special handling from CEDs and EEDs consistent with
19    federal, State, and local laws and regulations. Recyclers
20    and refurbishers must provide visible tracking (such as
21    hazardous waste manifests or bills of lading) of hazardous
22    components and materials from the facility to the
23    destination facilities and documentation (such as
24    contracts) stating how the destination facility processes
25    the materials received. No recycler or refurbisher may
26    send, either directly or through intermediaries, hazardous

 

 

10000SB1417sam001- 77 -LRB100 09551 MJP 26012 a

1    wastes to solid waste (non-hazardous waste) landfills or to
2    non-hazardous waste incinerators for disposal or energy
3    recovery. For the purpose of these guidelines, smelting of
4    hazardous wastes to recover metals for reuse in conformance
5    with all applicable laws and regulations is not considered
6    disposal or energy recovery.
7        (11) Recyclers and refurbishers must use a regularly
8    implemented and documented monitoring and record-keeping
9    program that tracks inbound CED and EED material weights
10    (total) and subsequent outbound weights (total to each
11    destination), injury and illness rates, and compliance
12    with applicable permit parameters including monitoring of
13    effluents and emissions. Recyclers and refurbishers must
14    maintain contracts or other documents, such as sales
15    receipts, suitable to demonstrate: (i) the reasonable
16    expectation that there is a downstream market or uses for
17    designated electronics (which may include recycling or
18    reclamation processes such as smelting to recover metals
19    for reuse); and (ii) that any residuals from recycling or
20    reclamation processes, or both, are properly handled and
21    managed to maximize reuse and recycling of materials to the
22    extent practical.
23        (12) Recyclers and refurbishers must comply with
24    federal and international law and agreements regarding the
25    export of used products or materials. In the case of
26    exports of CEDs and EEDs, recyclers and refurbishers must

 

 

10000SB1417sam001- 78 -LRB100 09551 MJP 26012 a

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

 

 

10000SB1417sam001- 79 -LRB100 09551 MJP 26012 a

1    are owned or controlled by the original equipment
2    manufacturer.
3        (14) Recyclers and refurbishers must maintain the
4    following export records for each shipment on file for a
5    minimum of 3 years: (i) the facility name and the address
6    to which shipment is exported; (ii) the shipment contents
7    and volumes; (iii) the intended use of contents by the
8    destination facility; (iv) any specification required by
9    the destination facility in relation to shipment contents;
10    (v) an assurance that all shipments for export, as
11    applicable to the CED manufacturer, are legal and satisfy
12    all applicable laws of the destination country.
13        (15) Recyclers and refurbishers must employ
14    industry-accepted procedures for the destruction or
15    sanitization of data on hard drives and other data storage
16    devices. Acceptable guidelines for the destruction or
17    sanitization of data are contained in the National
18    Institute of Standards and Technology's Guidelines for
19    Media Sanitation or those guidelines certified by the
20    National Association for Information Destruction;
21        (16) No recycler or refurbisher may employ prison labor
22    in any operation related to the collection,
23    transportation, recycling, and refurbishment of CEDs and
24    EEDs. No recycler or refurbisher may employ any third party
25    that uses or subcontracts for the use of prison labor.
26(Source: P.A. 99-13, eff. 7-10-15.)
 

 

 

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

 

 

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1for each manufacturer.
2    (d) By January 31 of each program year, through January 31,
32019, collectors must submit to the Agency, on forms and in a
4format prescribed by the Agency, a report that contains the
5following information for the previous program year:
6        (1) The total weight of computers, the total weight of
7    computer monitors, the total weight of printers, facsimile
8    machines, and scanners, the total weight of televisions,
9    the total weight of the remaining CEDs collected, and the
10    total weight of EEDs collected or received for each
11    manufacturer during the previous program year.
12        (2) A list of each recycler and refurbisher that
13    received CEDs and EEDs from the collector and the total
14    weight each recycler and refurbisher received.
15        (3) The address of each collector's facility where the
16    CEDs and EEDs were collected or received. Each facility
17    address must include the county in which the facility is
18    located.
19    (e) Through program year 2018, collectors Collectors may
20accept no more than 10 CEDs or EEDs at one time from individual
21members of the public and, when scheduling collection events,
22shall provide no fewer than 30 days' notice to the county waste
23agency of those events.
24    (f) Through program year 2018, no No collector of CEDs and
25EEDs may recycle, or refurbish for reuse or resale, CEDs or
26EEDs to a third party unless the collector registers as a

 

 

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1recycler or refurbisher pursuant to Section 50 and pays the
2registration fee pursuant to Section 50.
3(Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.)
 
4    (415 ILCS 150/60)
5    Sec. 60. Collection strategy for underserved counties.
6    (a) For program year 2010 and 2011, all counties in this
7State except the following are considered underserved:
8Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock,
9Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston,
10Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock
11Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren,
12Will, Williamson, and Winnebago.
13    (b) For program year 2012 and each program year thereafter,
14through program year 2018, underserved counties shall be those
15counties within the State of Illinois with a population density
16of 190 persons or less per square mile based on the most recent
17U.S. Census population estimate.
18(Source: P.A. 97-287, eff. 8-10-11.)
 
19    (415 ILCS 150/85)
20    Sec. 85. Electronics Recycling Fund. The Electronics
21Recycling Fund is created as a special fund in the State
22treasury. The Agency shall deposit all registration fees
23received under this Act into the Fund. All amounts held in the
24Fund shall be invested at interest by the State Treasurer. All

 

 

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1income earned from the investments shall be deposited into the
2Electronics Recycling Fund no less frequently than quarterly.
3Pursuant to appropriation, all moneys in the Electronics
4Recycling Fund may be used by the Agency for its administration
5of this Act and the Consumer Electronics Recycling Act. Any
6moneys appropriated from the Electronics Recycling Fund, but
7not obligated, shall revert to the Fund. On July 1, 2018, the
8Comptroller shall order transferred, and the Treasurer shall
9transfer, all unexpended moneys in the Electronics Recycling
10Fund into the Solid Waste Management Fund. On December 31,
112019, the Comptroller shall order transferred, and the
12Treasurer shall transfer, any remaining balance in the
13Electronics Recycling Fund into the Solid Waste Management
14Fund.
15(Source: P.A. 95-959, eff. 9-17-08.)
 
16    (415 ILCS 150/100 new)
17    Sec. 100. Repeal. This Act is repealed on January 1, 2019.
 
18
ARTICLE 98. SEVERABILITY

 
19    Section 98-5. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
 
21
ARTICLE 99. EFFECTIVE DATE

 

 

 

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1    Section 99-999. Effective date. This Act takes effect upon
2becoming law, except that Section 5-5 takes effect on January
31, 2020.".