Illinois General Assembly - Full Text of Public Act 098-0714
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Public Act 098-0714


 

Public Act 0714 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0714
 
HB4227 EnrolledLRB098 16154 MGM 51211 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Electronic Products Recycling and Reuse Act
is amended by changing Sections 20, 30, and 55 as follows:
 
    (415 ILCS 150/20)
    Sec. 20. Agency responsibilities.
    (a) The Agency has the authority to monitor compliance with
this Act, enforce violations of the Act by administrative
citation, and refer violations of this Act to the Attorney
General.
    (b) No later than October 1 of each program year, the
Agency shall post on its website a list of underserved counties
in the State for the next program year. The list of underserved
counties for program years 2010 and 2011 is set forth in
subsection (a) of Section 60.
    (c) From July 1, 2009 until December 31, 2015, the Agency
shall implement a county and municipal government education
campaign to inform those entities about this Act and the
implications on solid waste collection in their localities.
    (c-5) No later than February 1, 2012 and every February 1
thereafter, the Agency shall use a portion of the manufacturer,
recycler, and refurbisher registration fees to provide a $2,000
grant to the recycling coordinator in each county of the State
in order to inform residents in each county about this Act and
opportunities to recycle CEDs and EEDs. The recycling
coordinator shall expend the $2,000 grant before December 31 of
the program year in which the grant is received. The recycling
coordinator shall maintain records that document the use of the
grant funds.
    (c-10) By June 15, 2012 and by December 15, 2012, and by
every June 15 and December 15 thereafter through December 15,
2015, the Agency shall meet with associations that represent
Illinois retail merchants twice each year to discuss compliance
with Section 40.
    (c-15) By December 15, 2012 and each December 15
thereafter, the Agency shall post on its website: (i) the
mailing address of each collection site at which collectors
collected CEDs and EEDs during the program year and (ii) the
amount in pounds of total CEDs and total EEDs each CED
collected at the collection site during the program year.
    (d) By July 1, 2011 for the first program year, and by May
15 for all subsequent program years, the Agency shall report to
the Governor and to the General Assembly annually on the
previous program year's performance. The report must be posted
on the Agency's website. The report must include, but not be
limited to, the following:
        (1) the total overall weight of CEDs, as well as the
    sub-total weight of computers, the sub-total weight of
    computer monitors, the sub-total weight of printers, the
    sub-total weight of televisions, and the total weight of
    EEDs that were recycled or processed for reuse in the State
    during the program year, as reported by manufacturers and
    collectors under Sections 30 and 55;
        (2) a listing of all collection sites, as set forth
    under subsection (a) of Section 55, and the addresses of
    those sites;
        (3) a statement showing, for the preceding program
    year, (i) the total weight of CEDs and EEDs collected,
    recycled, and processed for reuse by the manufacturers
    pursuant to Section 30, (ii) the total weight of CEDs
    processed for reuse by the manufacturers, and (iii) the
    total weight of CEDs collected by the collectors;
        (4) a listing of all entities or persons to whom the
    Agency issued an administrative citation or with respect to
    which the Agency made a referral for enforcement to the
    Attorney General's Office as a result of a violation of
    this Act;
        (5) a discussion of the Agency's education and outreach
    activities as set forth in subsection (c) of this Section;
    and
        (6) a discussion of the penalties, if any, incurred by
    manufacturers for failure to achieve recycling goals, and a
    recommendation to the General Assembly of any necessary or
    appropriate changes to the manufacturers' recycling goals
    or penalty provisions included in this Act.
    (e) The Agency shall post on its website: (1) a list of
manufacturers that have paid the current year's registration
fee as set forth in subsection (b) of Section 30; (2) a list of
manufacturers that failed to pay the current year's
registration fee as set forth in subsection (b) of Section 30;
and (3) a list of registered collectors, the addresses of their
collection sites, their business telephone numbers, and a link
to their websites.
    (f) In program years 2012, 2013, and 2014, and at its
discretion thereafter, the Agency shall convene and host an
Electronic Products Recycling Conference. The Agency may host
the conferences alone or with other public entities or with
organizations associated with electronic products recycling.
    (g) No later than October 1 of each program year, the
Agency must post on its website the following information for
the next program year: (i) the individual recycling and reuse
goals for each manufacturer, as set forth in subsections (c)
and (c-5) of Section 15, as applicable, and (ii) the total
statewide recycling goal, determined by adding each individual
manufacturer's annual goal.
    (h) By April 1, 2011, and by April 1 of all subsequent
years, the Agency shall award those manufacturers that have met
or exceeded their recycling or reuse goals for the previous
program year with an Electronic Industry Recycling Award. The
award shall acknowledge that the manufacturer has met or
exceeded its recycling goals and shall be posted on the Agency
website and in other media as appropriate.
    (i) By March 1, 2011, and by March 1 of each subsequent
year, the Agency shall post on its website a list of registered
manufacturers that have not met their annual recycling and
reuse goal for the previous program year.
    (j) By July 1, 2015, the Agency shall solicit written
comments regarding all aspects of the program codified in this
Act, for the purpose of determining if the program requires any
modifications.
        (1) Issues to be reviewed by the Agency are, but not
    limited to, the following:
            (A) Sufficiency of the annual statewide recycling
        goals.
            (B) Fairness of the formulas used to determine
        individual manufacturer goals.
            (C) Adequacy of, or the need for, continuation of
        the credits outlined in Section 30(d)(1) through (3).
            (D) Any temporary rescissions of county landfill
        bans granted by the Illinois Pollution Control Board
        pursuant to Section 95(e).
            (E) Adequacy of, or the need for, the penalties
        listed in Section 80 of this Act, which are scheduled
        to take effect on January 1, 2013.
            (F) Adequacy of the collection systems that have
        been implemented as a result of this Act, with a
        particular focus on promoting the most cost-effective
        and convenient collection system possible for Illinois
        residents.
        (2) By July 1, 2015, the Agency shall complete its
    review of the written comments received, as well as its own
    reports on the preceding program years. By August 1, 2015,
    the Agency shall hold a public hearing to present its
    findings and solicit additional comments. All additional
    comments shall be submitted to the Agency in writing no
    later than October 1, 2015.
        (3) The Agency's final report, which shall be issued no
    later than February 1, 2016, shall be submitted to the
    Governor and the General Assembly and shall include
    specific recommendations for any necessary or appropriate
    modifications to the program.
    (k) Any violation of this Act shall be enforceable by
administrative citation. Whenever the Agency personnel or
county personnel to whom the Agency has delegated the authority
to monitor compliance with this Act shall, on the basis of
direct observation, determine that any person has violated any
provision of this Act, the Agency or county personnel may issue
and serve, within 60 days after the observed violation, an
administrative citation upon that person or the entity
employing that person. Each citation shall be served upon the
person named or the person's authorized agent for service of
process and shall include the following:
        (1) a statement specifying the provisions of this Act
    that the person or the entity employing the person has
    violated;
        (2) a copy of the inspection report in which the Agency
    or local government recorded the violation and the date and
    time of the inspection;
        (3) the penalty imposed under Section 80; and
        (4) an affidavit by the personnel observing the
    violation, attesting to their material actions and
    observations.
    (l) If the person named in the administrative citation
fails to petition the Illinois Pollution Control Board for
review within 35 days after the date of service, the Board
shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation and shall impose the penalty specified in Section
80.
    (m) If a petition for review is filed with the Board to
contest an administrative citation issued under this Section,
the Agency or unit of local government shall appear as a
complainant at a hearing before the Board to be conducted
pursuant to subsection (n) of this Section at a time not less
than 21 days after notice of the hearing has been sent by the
Board to the Agency or unit of local government and the person
named in the citation. In those hearings, the burden of proof
shall be on the Agency or unit of local government. If, based
on the record, the Board finds that the alleged violation
occurred, it shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation, and shall impose the penalty specified in Section
80 of this Act. However, if the Board finds that the person
appealing the citation has shown that the violation resulted
from uncontrollable circumstances, the Board shall adopt a
final order that makes no finding of violation and imposes no
penalty.
    (n) All hearings under this Act shall be held before a
qualified hearing officer, who may be attended by one or more
members of the Board, designated by the Chairman. All of these
hearings shall be open to the public, and any person may submit
written statements to the Board in connection with the subject
of these hearings. In addition, the Board may permit any person
to offer oral testimony. Any party to a hearing under this
subsection may be represented by counsel, make oral or written
argument, offer testimony, cross-examine witnesses, or take
any combination of those actions. All testimony taken before
the Board shall be recorded stenographically. The transcript so
recorded and any additional matter accepted for the record
shall be open to public inspection, and copies of those
materials shall be made available to any person upon payment of
the actual cost of reproducing the original.
    (o) Counties that have entered into a delegation agreement
with the Agency pursuant to subsection (r) of Section 4 of the
Illinois Environmental Protection Act for the purpose of
conducting inspection, investigation, or enforcement-related
functions may conduct inspections for noncompliance with this
Act.
(Source: P.A. 96-328, eff. 8-11-09; 97-287, eff. 8-10-11.)
 
    (415 ILCS 150/30)
    Sec. 30. Manufacturer responsibilities.
    (a) Prior to April 1, 2009 for the first program year, and
by October 1 for program year 2011 and each program year
thereafter, manufacturers who sell computers, computer
monitors, printers, televisions, electronic keyboards,
facsimile machines, videocassette recorders, portable digital
music players, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc recorders,
or small-scale servers in this State must register with the
Agency. The registration must be submitted in the form and
manner required by the Agency. The registration must include,
without limitation, all of the following:
        (1) a list of all of the manufacturer's brands of
    computers, computer monitors, printers, televisions,
    electronic keyboards, facsimile machines, videocassette
    recorders, portable digital music players, digital video
    disc players, video game consoles, electronic mice,
    scanners, digital converter boxes, cable receivers,
    satellite receivers, digital video disc recorders, and
    small-scale servers to be offered for sale in the next
    program year;
        (2) (blank); and
        (3) a statement disclosing whether any of the
    manufacturer's computers, computer monitors, printers,
    televisions, electronic keyboards, facsimile machines,
    videocassette recorders, portable digital music players,
    digital video disc players, video game consoles,
    electronic mice, scanners, digital converter boxes, cable
    receivers, satellite receivers, digital video disc
    recorders, or small-scale servers sold in this State exceed
    the maximum concentration values established for lead,
    mercury, cadmium, hexavalent chromium, polybrominated
    biphenyls (PBBs), and polybrominated diphenyl ethers
    (PBDEEs) under the RoHS (restricting the use of certain
    hazardous substances in electrical and electronic
    equipment) Directive 2002/95/EC of the European Parliament
    and Council and any amendments thereto and, if so, an
    identification of the aforementioned electronic device
    that exceeds the directive.
    If, during the program year, any of the manufacturer's
aforementioned electronic devices are sold or offered for sale
in Illinois under a new brand that is not listed in the
manufacturer's registration, then, within 30 days after the
first sale or offer for sale under the new brand, the
manufacturer must amend its registration to add the new brand.
    (b) Prior to July 1, 2009 for the first program year, and
by the November 1 preceding program years 2011 and later, all
manufacturers whose computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic
mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, or
small-scale servers are offered for sale in the State shall
submit to the Agency, at an address prescribed by the Agency,
the registration fee for the next program year. The
registration fee for program year 2010 is $5,000. The
registration fee for program year 2011 is $5,000, increased by
the applicable inflation factor as described below. In program
year 2012, if, in program year 2011, a manufacturer sold 250 or
fewer of the aforementioned electronic devices in the State,
then the registration fee for that manufacturer is $1,250. In
each program year after 2012, if, in the preceding program
year, a manufacturer sold 250 or fewer of the aforementioned
electronic devices in the State, then the registration fee is
the fee that applied in the previous year to manufacturers that
sold that number of the aforementioned electronic devices,
increased by the applicable inflation factor as described
below. In program year 2012, if, in the preceding program year
a manufacturer sold 251 or more of the aforementioned
electronic devices in the State, then the registration fee for
that manufacturer is $5,000. In each program year after 2012,
if, in the preceding program year, a manufacturer sold 251 or
more of the aforementioned electronic devices in the State,
then the registration fee is the fee that applied in the
previous year to manufacturers that sold that number of the
aforementioned electronic devices, increased by the applicable
inflation factor as described below. For program year 2011,
program year 2013, and each program year thereafter, the
applicable registration fee is increased each year by an
inflation factor determined by the annual Implicit Price
Deflator for Gross National Product, as published by the U.S.
Department of Commerce in its Survey of Current Business. The
inflation factor must be calculated each year by dividing the
latest published annual Implicit Price Deflator for Gross
National Product by the annual Implicit Price Deflator for
Gross National Product for the previous year. The inflation
factor must be rounded to the nearest 1/100th, and the
resulting registration fee must be rounded to the nearest whole
dollar. No later than October 1 of each program year, the
Agency shall post on its website the registration fee for the
next program year.
    (c) A manufacturer whose computers, computer monitors,
printers, televisions, electronic keyboards, facsimile
machines, videocassette recorders, portable digital music
players, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc recorders,
or small-scale servers are sold or offered for sale in this
State on or after January 1 of a program year must register
with the Agency within 30 days after the first sale or offer
for sale in accordance with subsection (a) of this Section and
submit the registration fee required under subsection (b) of
this Section prior to the aforementioned electronic devices
being sold or offered for sale.
    (d) Each manufacturer shall recycle or process for reuse
CEDs and EEDs whose total weight equals or exceeds the
manufacturer's individual recycling and reuse goal set forth in
Section 15 of this Act. Individual consumers shall not be
charged a fee when bringing their CEDs and EEDs to collection
locations, unless a financial incentive of equal or greater
value, such as a coupon, is provided. Collectors may charge a
fee for premium services such as curbside collection, home
pick-up, or a similar method of collection.
    When determining whether a manufacturer has met or exceeded
its individual recycling and reuse goal set forth in Section 15
of this Act, all of the following adjustments must be made:
        (1) The total weight of CEDs processed by the
    manufacturer, its recyclers, or its refurbishers for reuse
    is doubled.
        (2) The total weight of CEDs is tripled if they are
    donated for reuse by the manufacturer to a primary or
    secondary public education institution the majority of
    whose students are considered low income or
    developmentally disabled or to low-income children or
    families or to assist the developmentally disabled in
    Illinois. This subsection applies only to CEDs for which
    the manufacturer has received a written confirmation that
    the recipient has accepted the donation. Copies of all
    written confirmations must be submitted in the annual
    report required under Section 30.
        (3) The total weight of CEDs collected by manufacturers
    free of charge in underserved counties is doubled. This
    subsection applies only to CEDs that are documented by
    collectors as being collected or received free of charge in
    underserved counties. This documentation must include,
    without limitation, the date and location of collection or
    receipt, the weight of the CEDs collected or received, and
    an acknowledgement by the collector that the CEDs were
    collected or received free of charge. Copies of the
    documentation must be submitted in the annual report
    required under subsection (h), (i), (j), (k), or (l) of
    Section 30.
        (4) If an entity (i) collects, recycles, or refurbishes
    CEDs for a manufacturer, (ii) qualifies for non-profit
    status under Section 501(c)(3) of the Internal Revenue Code
    of 1986, and (iii) at least 75% of its employees are
    developmentally disabled, then the total weight of CEDs
    will be tripled. A manufacturer that uses such a recycler
    or refurbisher shall submit documentation in the annual
    report required under Section 30 identifying the name,
    location, and length of service of the entity that
    qualifies for credit under this subsection.
    (e) (Blank).
    (f) Manufacturers shall ensure that only recyclers and
refurbishers that have registered with the Agency are used to
meet the individual recycling and reuse goals set forth in this
Act.
    (g) Manufacturers shall ensure that the recyclers and
refurbishers used to meet the individual recycling and reuse
goals set forth in this Act shall, at a minimum, comply with
the standards set forth under subsection (d) of Section 50 of
this Act. By November 1, 2011 and every November 1 thereafter,
manufacturers shall submit a document, as prescribed by the
Agency, listing each registered recycler and refurbisher that
will be used to meet the manufacturer's annual CED recycling
and reuse goal and certifying that those recyclers or
refurbishers comply with the standards set forth in subsection
(d) of Section 50.
    (h) By September 1, 2012 and every September 1 thereafter,
manufacturers of computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic
mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, or
small-scale servers shall submit to the Agency, in the form and
manner required by the Agency, a report that contains the total
weight of the aforementioned electronic devices sold under each
of the manufacturer's brands to individuals in this State as
calculated under subsection (c) and (c-5) of Section 15, as
applicable. Each manufacturer shall indicate on the report
whether the total weight of the aforementioned electronic
devices was derived from its own sales records or national
sales data. If a manufacturer's weight for aforementioned
electronic devices is derived from national sales data, the
manufacturer shall indicate the source of the sales data.
    (i) (Blank).
    (j) (Blank).
    (k) (Blank).
    (l) On or before January 31, 2013 and on or before every
January 31 thereafter, manufacturers of computers, computer
monitors, printers, televisions, electronic keyboards,
facsimile machines, videocassette recorders, portable digital
music players, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc recorders,
and small-scale servers shall submit to the Agency, on forms
and in a format prescribed by the Agency, a report that
contains all of the following information for the previous
program year:
        (1) The total weight of computers, the total weight of
    computer monitors, the total weight of printers, facsimile
    machines, and scanners, the total weight of televisions,
    the total weight of the remaining CEDs, the total weight of
    electronic keyboards, the total weight of facsimile
    machines, the total weight of videocassette recorders, the
    total weight of portable digital music players, the total
    weight of digital video disc players, the total weight of
    video game consoles, the total weight of electronic mice,
    the total weight of scanners, the total weight of digital
    converter boxes, the total weight of cable receivers, the
    total weight of satellite receivers, the total weight of
    digital video disc recorders, the total weight of
    small-scale servers, and the total weight of EEDs recycled
    or processed for reuse.
        (2) The identification of all weights that are adjusted
    under subsection (d) of this Section. For all weights
    adjusted under item (2) of subsection (d), the manufacturer
    must include copies of the written confirmation required
    under that subsection.
        (3) A list of each recycler, refurbisher, and collector
    used by the manufacturer to fulfill the manufacturer's
    individual recycling and reuse goal set forth in
    subsections (c) and (c-5) of Section 15 of this Act.
        (4) A summary of the manufacturer's consumer education
    program required under subsection (m) of this Section.
    (m) Manufacturers must develop and maintain a consumer
education program that complements and corresponds to the
primary retailer-driven campaign required under Section 40 of
this Act. The education program shall promote the recycling of
electronic products and proper end-of-life management of the
products by consumers.
    (n) Beginning January 1, 2012, no manufacturer may sell a
computer, computer monitor, printer, television, electronic
keyboard, facsimile machine, videocassette recorder, portable
digital music player, digital video disc player, video game
console, electronic mouse, scanner, digital converter box,
cable receiver, satellite receiver, digital video disc
recorder, or small-scale server in this State unless the
manufacturer is registered with the State as required under
this Act, has paid the required registration fee, and is
otherwise in compliance with the provisions of this Act.
    (o) Beginning January 1, 2012, no manufacturer may sell a
computer, computer monitor, printer, television, electronic
keyboard, facsimile machine, videocassette recorder, portable
digital music player, digital video disc player, video game
console, electronic mouse, scanner, digital converter box,
cable receiver, satellite receiver, digital video disc
recorder, or small-scale server in this State unless the
manufacturer's brand name is permanently affixed to, and is
readily visible on, the computer, computer monitor, printer, or
television.
(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)
 
    (415 ILCS 150/55)
    Sec. 55. Collector responsibilities.
    (a) No later than January 1 of each program year,
collectors that collect or receive CEDs or EEDs for one or more
manufacturers, recyclers, or refurbishers shall register with
the Agency. Registration must be in the form and manner
required by the Agency and must include, without limitation,
the address of each location where CEDs or EEDs are received
and the identification of each location at which the collector
accepts CEDs or EEDs from a residence.
    (b) Manufacturers, recyclers, refurbishers also acting as
collectors shall so indicate on their registration under
Section 30 or 50 and not register separately as collectors.
    (c) No later than August 15, 2010, collectors must submit
to the Agency, on forms and in a format prescribed by the
Agency, a report for the period from January 1, 2010 through
June 30, 2010 that contains the following information: the
total weight of computers, the total weight of computer
monitors, the total weight of printers, the total weight of
televisions, and the total weight of EEDs collected or received
for each manufacturer.
    (d) By January 31 of each program year, collectors must
submit to the Agency, on forms and in a format prescribed by
the Agency, a report that contains the following information
for the previous program year:
        (1) The total weight of computers, the total weight of
    computer monitors, the total weight of printers, facsimile
    machines, and scanners, the total weight of televisions,
    the total weight of the remaining individual CEDs
    collected, and the total weight of EEDs collected or
    received for each manufacturer during the previous program
    year.
        (2) A list of each recycler and refurbisher that
    received CEDs and EEDs from the collector and the total
    weight each recycler and refurbisher received.
        (3) The address of each collector's facility where the
    CEDs and EEDs were collected or received. Each facility
    address must include the county in which the facility is
    located.
    (e) Collectors may accept no more than 10 CEDs or EEDs at
one time from individual members of the public and, when
scheduling collection events, shall provide no fewer than 30
days' notice to the county waste agency of those events.
    (f) No collector of CEDs and EEDs may recycle, or refurbish
for reuse or resale, CEDs or EEDs to a third party unless the
collector registers as a recycler or refurbisher pursuant to
Section 50 and pays the registration fee pursuant to Section
50.
(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/16/2014