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Public Act 095-0268


 

Public Act 0268 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0268
 
SB0303 Enrolled LRB095 08890 CMK 29077 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Plastic Bag Recycling Act.
 
    Section 5. Definitions. As used in this Act:
    "Agency" means the Illinois Environmental Protection
Agency.
    "Consumer" means any person who makes a purchase at retail
for any purpose other than resale.
    "Distributing plastic bags to consumers" means the act of a
retailer giving to a consumer a plastic bag to store or
transport goods purchased at retail.
    "Plastic bag" means any plastic, latex, or polypropylene
bag.
    "Purchase at retail" means the acquisition of the ownership
of or title to tangible personal property through a sale at
retail.
    "Retailer" means a person engaged in the business of making
sales at retail that owns or controls more than 10,000 square
feet of retail space in Lake County.
 
    Section 10. Recycling pilot program in Lake County.
    (a) Within 90 days after the first meeting of the Plastic
Bag Recycling Task Force, the Task Force shall promulgate
procedures and guidelines implementing a voluntary plastic bag
recycling pilot program for retailers in Lake County. The
Agency shall administer the pilot program under the procedures
and guidelines adopted by the Task Force.
    Retailers, as defined by Section 5 of this Act, that are
participating in the pilot program and distributing plastic
bags to consumers free of charge as part of a purchase at
retail must:
        (1) implement a plastic bag collection program that
    facilitates the return and recycling of plastic bags
    distributed to consumers by that retailer;
        (2) provide a clearly marked receptacle for the
    collection of plastic bags that is in a convenient location
    for that retailer's consumers; and
        (3) arrange for the pick-up, transport, and recycling
    of plastic bags deposited in the collection receptacles by
    consumers.
    (b) In meeting the pilot program guidelines, retailers may
work individually or as part of a group.
    (c) The provisions of this Section are subject to
appropriation.
 
    Section 15. Task Force.
    (a) The Plastic Bag Recycling Task Force is created. The
Task Force shall consist of one legislator appointed by each of
the following: the President of the Senate, the Minority Leader
of the Senate, the Speaker of the House of Representatives, and
the Minority Leader of the House of Representatives; 3
representatives of a statewide association exclusively
representing retailers; and one representative from each of the
following:
        (1) a plastic film recycler;
        (2) the Solid Waste Agency of Lake County;
        (3) the Illinois Environmental Protection Agency; and
        (4) the Lake County Board.
    Within 90 days after the effective date of this Act the
Plastic Bag Recycling Task Force shall be formed. The Task
Force shall meet at least twice a year. The Agency shall chair
the meetings and facilitate the Task Force.
    (b) On or before March 1, 2010, the Task Force, in
collaboration with the Agency, shall compile and submit a
report to the Governor, the President of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives, discussing, but not limited to, the following
topics:
        (1) enrollment in the pilot program;
        (2) benefits and costs to the environment, retailers,
    residents of Lake County;
        (3) cost-benefit analysis of the pilot program;
        (4) any burden suffered as a result of the pilot
    program; and
        (5) any unforeseen transportation issues, liability,
    or costs for participants in the pilot program.
 
    Section 90. Repealer. This Act is repealed June 1, 2010.

Effective Date: 1/1/2008