Illinois General Assembly - Full Text of SB1417
Illinois General Assembly

Previous General Assemblies

Full Text of SB1417  100th General Assembly

SB1417sam003 100TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 5/16/2017

 

 


 

 


 
10000SB1417sam003LRB100 09551 MJP 26449 a

1
AMENDMENT TO SENATE BILL 1417

2    AMENDMENT NO. ______. Amend Senate Bill 1417, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41, on page 7, by replacing lines 5 and 6 with "collection sites
5and one-day collection events."; and
 
6on page 8, by deleting lines 6 through 11; and
 
7on page 11, lines 12 and 13, by replacing "January 31" each
8time it appears with "March 1"; and
 
9on page 12, by replacing lines 1 through 3 with the following:
10    "(c) Each manufacturer e-waste program shall make the
11instructions required under paragraph (2) of subsection (b)
12available on its website by December 1, 2017, and the program
13shall provide to the Agency a hyperlink to the website for
14posting on the Agency's website."; and
 

 

 

10000SB1417sam003- 2 -LRB100 09551 MJP 26449 a

1on page 13, immediately below line 18, by inserting the
2following:
3    "For purposes of this Section, county population densities
4shall be based on the entire county's population density,
5regardless of whether a municipality or municipal joint action
6agency in the county participates in the program."; and
 
7on page 13, by replacing line 23 with "municipality and the
8county collection sites required under paragraph (6) of
9subsection (a) of this Section shall be"; and
 
10on page 14, by replacing lines 2 through 17 with the following:
11    "(b) Notwithstanding subsection (a) of this Section, any
12county recycling coordinator for a county that participates in
13a manufacturer e-waste program for a program year, any
14recycling coordinator for a municipality with a population of
15over 1,000,000 residents that participates in a manufacturer
16e-waste program for a program year, or any executive director
17of a municipal joint action agency that participates in a
18manufacturer e-waste program for a program year may enter into
19a written agreement with the manufacturer e-waste program to do
20any one or more of the following:
21        (1) to decrease the number of program collection sites
22    within the county, municipality, or territorial boundary
23    of the municipal joint action agency;
24        (2) to substitute a program collection site in the

 

 

10000SB1417sam003- 3 -LRB100 09551 MJP 26449 a

1    county, municipality, or territorial boundary of the
2    municipal joint action agency with either (i) 4 one-day
3    collection events or (ii) a different number of such events
4    as may be provided in the written agreement;
5        (3) to substitute the location of a program collection
6    site in the county, municipality, or territorial boundary
7    of the municipal joint action agency with another location
8    in the county, municipality, or territorial boundary of the
9    municipal joint action agency; or
10        (4) to substitute the location of a one-day collection
11    in the county, municipality, or territorial boundary of the
12    municipal joint action agency with another location in the
13    county, municipality, or territorial boundary of the
14    municipal joint action agency."; and
 
15by deleting line 22 on page 14 through line 10 on page 15; and
 
16on page 15, line 11, by replacing "(d)" with (c)"; and
 
17on page 15, by replacing line 18 with "manufacturer e-waste
18program, on or before March"; and
 
19on page 16, by replacing lines 9 through 13, with the
20following:
21    "A county may, by written agreement with a municipal joint
22action agency located within that county, cede one or more of

 

 

10000SB1417sam003- 4 -LRB100 09551 MJP 26449 a

1the collection sites to the municipal joint action agency upon
2the municipal joint action agency's election to participate in
3a manufacturer e-waste program. The municipal joint action
4agency's election to participate must be submitted by the March
51 preceding the applicable program year and must include a copy
6of the written agreement between the county and municipal joint
7action agency. The written agreement must specify the number of
8collection sites ceded to the municipal joint action agency by
9the county."; and
 
10on page 16, lines 21 and 22, by replacing "best practices" with
11"Section 1-45"; and
 
12on page 17, by replacing lines 13 through 15 with "residential
13CEDs under the program; and"; and
 
14on page 18, by replacing line 6 with "shall make the approved
15plan available on the Agency's website."; and
 
16on page 18, line 14, by deleting "individual who serves as the
17point of contact for the"; and
 
18on page 18, immediately below line 17, by inserting the
19following:
20    "(c) An updated list of recyclers must be provided to the
21Agency no later than the December 1 preceding each program

 

 

10000SB1417sam003- 5 -LRB100 09551 MJP 26449 a

1year."; and
 
2on page 18, line 23, by replacing "$3,000" with "$5,000"; and
 
3on page 19, line 4, after ";", by inserting "and"; and
 
4on page 19, line 5, by replacing "the weight of all
5televisions" with "the total weights, by category, of CEDs";
6and
 
7on page 19, line 8, by replacing ";" with "."; and
 
8on page 19, by deleting lines 9 through 24; and
 
9on page 21, by replacing lines 3 through 5 with the following:
10    "(a) Beginning in program year 2019, no retailer may sell
11or"; and
 
12on page 21, line 14, by replacing "agency" with "Agency"; and
 
13on page 21, line 22, immediately after "interest", by inserting
14", in which case"; and
 
15on page 22, line 5, by replacing "manufacture" with
16"manufacturer"; and
 

 

 

10000SB1417sam003- 6 -LRB100 09551 MJP 26449 a

1on page 22, line 22, immediately after "CEDs", by inserting
2"collected through a manufacturer e-waste program"; and
 
3on page 23, by replacing lines 2 and 3 with "all registered
4recyclers."; and
 
5on page 23, by replacing lines 8 and 9 with the following:
6    "(d) Beginning in program year 2019, recyclers must, as a
7part of their annual registration, certify compliance with all
8of the following:"; and
 
9on page 28, by replacing lines 20 through 23 with "one-day
10collection event shall report, to the Agency and to the
11manufacturer e-waste program, the total weight of all
12residential CEDs transported from the program collection site
13or one-day collection event during the previous program year.";
14and
 
15on page 29, by replacing lines 2 and 3 with "law. In addition,
16at a"; and
 
17on page 29, line 16, by replacing "prorate" with "prorated";
18and
 
19on page 30, line 22, by replacing "an individual" with "a
20person"; and
 

 

 

10000SB1417sam003- 7 -LRB100 09551 MJP 26449 a

1on page 31, by replacing line 3 with "penalty of $7,000 per
2violation, provided that the penalty for a failure to register
3or pay a fee under this Act shall be double the applicable
4registration fee."; and
 
5on page 31, line 11, immediately after "Environmental", by
6inserting "Protection"; and
 
7on page 32, immediately below line 1, by inserting the
8following:
9    "(f) A knowing violation of subsections (a), (b), or (c) of
10Section 1-83 of this Act by anyone other than a residential
11consumer is a petty offense punishable by a fine of $500. A
12knowing violation of subsections (a), (b), or (c) of Section
131-83 by a residential consumer is a petty offense punishable by
14a fine of $25 for a first violation; however, a subsequent
15violation by a residential consumer is a petty offense
16punishable by a fine of $50.
17    (g) Any person who knowingly makes a false material
18statement or certification in a registration required under
19this Act commits the offense of perjury and shall be subject to
20the penalties set forth in Section 32-2 of the Criminal Code of
212012."; and
 
22on page 32, by replacing lines 6 and 7 with "of this Act, and

 

 

10000SB1417sam003- 8 -LRB100 09551 MJP 26449 a

1any violation of a plan submission requirement in Section 1-25
2of this Act shall"; and
 
3on page 34, by deleting lines 11 through 23; and
 
4on page 37, by deleting lines 18 and 19; and
 
5on page 37, immediately above line 20, by inserting the
6following:
 
7    "Section 1-84. Allocation of financial responsibilities
8among manufacturers.
9    (a) By no later than January 1, 2019, the Pollution Control
10Board shall adopt rules that specify how to allocate financial
11responsibilities for the transportation and recycling of
12collected CEDs among manufacturers participating in a
13manufacturer e-waste program. To ensure the equitable and
14efficient allocation of those obligations, the rules adopted by
15the Pollution Control Board shall include a formula that shall
16be used by manufacturers to identify their proportional
17responsibility for the transportation and recycling of
18collected CEDs. The formula developed by the Pollution Control
19Board shall take into consideration each manufacturer's market
20and return shares and any other factors the Pollution Control
21Board deems relevant. The rules adopted by the Pollution
22Control Board under this Section shall also allow manufacturers

 

 

10000SB1417sam003- 9 -LRB100 09551 MJP 26449 a

1to use retail collection sites to satisfy some or all of their
2responsibilities for the transportation and recycling of
3collected CEDs.
4    (b) To assist the Pollution Control Board, there is hereby
5created an Advisory Financial Responsibility Allocation Task
6Force, which shall consist of the following members, to be
7appointed by the Director of the Environmental Protection
8Agency:
9        (1) one individual who is a representative of a
10    statewide association representing retailers;
11        (2) one individual who is a representative of a
12    statewide association representing manufacturers;
13        (3) one individual who is a representative of a
14    national association representing manufacturers of
15    consumer electronics; and
16        (4) one individual who is a representative of a
17    national association representing the information
18    technology industry.
19    As soon as practicable after the effective date of this
20Act, members of the Advisory Financial Responsibility
21Allocation Task Force shall be appointed and meet. The Advisory
22Financial Responsibility Allocation Task Force shall file with
23the Pollution Control Board, by no later than February 1, 2018,
24a rulemaking proposal, which sets forth a system for allocating
25financial responsibilities for the transportation and
26recycling of collected CEDs among manufacturers participating

 

 

10000SB1417sam003- 10 -LRB100 09551 MJP 26449 a

1in a manufacturer e-waste program.
2    Members of the Advisory Financial Responsibility
3Allocation Task Force shall serve voluntarily and without
4compensation. The Agency shall provide administrative support
5to the Task Force as needed.
6    The Advisory Financial Responsibility Allocation Task
7Force is dissolved by operation of law on January 1, 2019.
8    (c) The rulemaking required under this Section shall be
9conducted in accordance with Title VII of the Environmental
10Protection Act, except that no signed petitions for the
11rulemaking proposal shall be required."; and
 
12on page 38, line 1, by replacing "8" with "10"; and
 
13on page 83, line 17, by replacing "2019" with "2020".