Sen. Melinda Bush

Filed: 3/18/2019





10100SB0557sam001LRB101 04318 CPF 57986 a


2    AMENDMENT NO. ______. Amend Senate Bill 557 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Carpet Stewardship Act.
6    Section 5. Findings and purpose. The General Assembly finds
8        (1) Based on data contained in the Illinois Commodity
9    Waste Generation and Characterization Study, commissioned
10    in 2014 by the Illinois Department of Commerce and Economic
11    Opportunity, approximately 229,000 tons of carpet and
12    carpet padding are landfilled each year, 1.5% of the total
13    waste landfilled in this State.
14        (2) Discarded carpet and padding are currently being
15    recycled in this State at a recycling rate estimated to be
16    less than 1%, compared to a 15.4% recycling rate for the



10100SB0557sam001- 2 -LRB101 04318 CPF 57986 a

1    first 6 months of 2018 in California, which has enacted
2    Extended Producer Responsibility legislation for carpet.
3        (3) Carpet recycling can be significantly expanded by
4    utilizing an Extended Producer Responsibility approach
5    which will lead to job creation through the collection,
6    processing, and marketing of discarded carpet and padding.
7    In California, this approach has created approximately 150
8    direct jobs.
9        (4) According to the U.S. Environmental Protection
10    Agency, the recycling of discarded carpet has a positive
11    impact on the reduction of greenhouse gases when compared
12    to the landfilling or incineration of discarded carpet,
13    which increases the generation of greenhouse gases.
14    Section 10. Definitions. In this Act:
15    "Agency" means the Illinois Environmental Protection
17    "Blended carpet" means carpet with a nonuniform face fiber,
18which is manufactured with multiple polymer types, fiber types,
19or both, in the face of the constructed material.
20    "Brand" means a name, symbol, word, or mark that identifies
21the carpet, rather than its components, and attributes the
22product to the owner or licensee of the brand as the producer.
23    "Carpet" means a manufactured article that is (i) used in
24commercial buildings or single or multifamily residential
25buildings, (ii) affixed or placed on the floor or building



10100SB0557sam001- 3 -LRB101 04318 CPF 57986 a

1walking surface as a decorative or functional building interior
2or exterior feature, and (iii) primarily constructed of a top
3visible surface of synthetic face fibers or yarns or tufts
4attached to a backing system derived from synthetic or natural
5materials. "Carpet" includes, but is not limited to, a
6commercial or residential broadloom carpet, modular carpet
7tiles, and artificial turf. "Carpet" includes a pad or
8underlayment used in conjunction with a carpet. "Carpet" does
9not include handmade rugs, area rugs, or mats.
10    "Clearinghouse" means the entity incorporated as a
11nonprofit within the meaning of 26 U.S.C. 501 representing
12carpet producers, and other designated representatives who are
13cooperating with one another to collectively establish and
14operate a discarded carpet recycling and reuse program for the
15purpose of complying with this Act.
16    "Clearinghouse plan" means a single, detailed plan
17prepared by the clearinghouse that includes all the information
18required by this Act.
19    "Consumer" means any person who makes a purchase at retail.
20    "Discarded carpet" means carpet that is no longer used for
21its manufactured purpose.
22    "Distributor" or "wholesaler" means a person who buys or
23otherwise acquires carpet from another source and sells or
24offers to sell that carpet to retailers in this State.
25    "Nylon carpet" means carpet made with a uniform face fiber
26made with either nylon 6 or nylon 6,6.



10100SB0557sam001- 4 -LRB101 04318 CPF 57986 a

1    "Person" means any individual, partnership,
2co-partnership, firm, company, corporation, association, joint
3stock company, trust, estate, political subdivision, State
4agency, or any other legal entity, or their legal
5representative, agent, or assign.
6    "PET carpet" means carpet made from polyethylene
8    "Producer" means a person that:
9        (1) has legal ownership of the brand, brand name, or
10    co-brand of carpet sold in this State;
11        (2) imports carpet branded by a producer who meets the
12    definition under paragraph (1) when that producer has no
13    physical presence in the United States;
14        (3) if paragraphs (1) and (2) do not apply, makes
15    unbranded carpet that is sold in this State; or
16        (4) sells carpet at wholesale or retail, does not have
17    legal ownership of the brand, and elects to fulfill the
18    responsibilities of the producer for the product.
19    "Polypropylene carpet" means carpet made from
21    "Program year" means a calendar year. The first program
22year is 2021.
23    "PTT carpet" means carpet made from polytrimethylene
25    "Recycling" means the process by which discarded carpet is
26collected, processed, and returned to the economic mainstream



10100SB0557sam001- 5 -LRB101 04318 CPF 57986 a

1in the form of raw materials or products. "Recycling" is
2further defined to include only those pounds of discarded
3carpet that are an output of a recycling facility destined for
4an end market or reuse and is not meant to mean the gross input
5pounds of discarded carpet accepted by a recycling facility.
6"Recycling" does not include energy recovery or energy
7generation by means of combusting discarded carpet, and it does
8not include any disposal or use of discarded carpet within the
9permitted boundaries of a municipal solid waste landfill unit.
10    "Recycling rate" means the percentage of discarded carpet
11that is managed through recycling or reuse, as defined by this
12Act, and is computed by dividing the amount of discarded carpet
13that is collected and recycled or reused by the total amount of
14discarded carpet that is generated over a program year. To
15determine the annual recycling rates required by this Act the
16amount of discarded carpet generated shall be calculated using
17an industry standard calculation based on annual sales,
18replacement rate, and the average weight of carpet.
19    "Retailer" means any person engaged in the business of
20making sales at retail that generate occupation or use tax
22    "Reuse" means donating or selling a discarded carpet back
23into the market for its original intended use, when the
24discarded carpet retains its original purpose and performance
26    "Sale" or "sell" means a transfer of title to carpet for



10100SB0557sam001- 6 -LRB101 04318 CPF 57986 a

1consideration, including a remote sale conducted through a
2sales outlet, catalog, website, or similar electronic means.
3"Sale" or "sell" includes a lease through which carpet is
4provided to a consumer by a producer, distributor, or retailer.
5    "Stewardship assessment" means the amount added to the
6purchase price of carpet sold in this State that is necessary
7to cover the cost of collecting, transporting, processing and
8marketing discarded carpet by the clearinghouse pursuant to the
9clearinghouse plan, and shall not be used to pay for any fines
10or penalties levied pursuant to this Act or for the final
11disposal or incineration of discarded carpet.
12    "Wool carpet" means carpet made from wool.
13    Section 15. Formation, duties and powers of the
15    (a) To administer the carpet stewardship program a
16clearinghouse shall be created, and shall consist of the
17following members, to be appointed by the Director of the
19        (1) two individuals who are representatives of a
20    statewide association representing retailers;
21        (2) two individuals who are representatives of carpet
22    producers;
23        (3) one individual who is a representative of a
24    national association representing manufacturers of carpet;
25        (4) two individuals who are representatives of carpet



10100SB0557sam001- 7 -LRB101 04318 CPF 57986 a

1    recyclers;
2        (5) two individuals who are representatives of a
3    statewide association representing waste disposal
4    companies;
5        (6) two individuals who are representatives of
6    environmental organizations;
7        (7) two individuals who are representatives of county
8    or municipal joint action agency waste management
9    programs;
10        (8) one individual who is a representative of a company
11    that utilizes discarded carpet to manufacture a new
12    product, not including new carpet; and
13        (9) one individual who is a representative of an
14    association representing installers of carpet.
15    (b) Members of the clearinghouse shall serve without
16compensation but shall be reimbursed for travel expenses with
17proceeds from the stewardship assessment, and the Agency shall
18be responsible for monitoring these expenses. Members shall
19serve on the clearinghouse until a successor is appointed and
21    (c) The clearinghouse's duties include, but are not limited
23        (1) preparing the clearinghouse plan, and any required
24    amendments, on an annual basis in compliance with this Act;
25        (2) implementing the clearinghouse plan;
26        (3) creating and administering a grant program to



10100SB0557sam001- 8 -LRB101 04318 CPF 57986 a

1    assist in subsidizing the costs to collect, process, or
2    market discarded carpet for reuse or recycling;
3        (4) being responsible for meeting the performance
4    goals specified by this Act;
5        (5) submitting annual program reports as required by
6    this Act;
7        (6) recommending to the Agency in the annual
8    clearinghouse plan any increases or decreases in the
9    stewardship assessment; and
10        (7) overseeing an annual audit of the carpet
11    stewardship program's revenues and expenditures, and
12    reporting those findings to the Agency.
13    (d) The clearinghouse may hire a director and necessary
14staff, and may organize itself into committees to implement
15this Act, which shall be funded by the stewardship assessment.
16The Agency shall monitor these expenses.
17    Section 20. Carpet stewardship program and sale
19    (a) For all carpet sold in this State, producers shall,
20through the clearinghouse, implement and finance a statewide
21carpet stewardship program that: manages carpet by reducing its
22waste generation; promotes its recycling and reuse; and
23provides for negotiation and execution of agreements to
24collect, transport, process, or market the discarded carpet for
25end-of-life recycling or reuse.



10100SB0557sam001- 9 -LRB101 04318 CPF 57986 a

1    (b) On and after January 1, 2021, a producer, distributor,
2or retailer that offers carpet for sale in this State is not in
3compliance with this Act and is subject to penalties under
4Section 70 if the carpet is not subject to the clearinghouse
5plan that is submitted by the clearinghouse and approved by the
6Agency under Section 30.
7    Section 25. Clearinghouse plan.
8    (a) By July 1, 2020 and by July 1 every 3 years thereafter,
9beginning with program year 2021, the clearinghouse shall
10submit a 3-year plan to the Agency and receive approval of the
11plan. The clearinghouse plan shall include, at a minimum, each
12of the following:
13        (1) Certification that the carpet stewardship program
14    will accept for collection all discarded carpet,
15    regardless of type or which producer manufactured the
16    product and its individual components.
17        (2) Contact information for each individual
18    representing the clearinghouse, designation of a program
19    manager responsible for administering the program in this
20    State, a list of all producers participating in the carpet
21    stewardship program, and the brands covered by the product
22    stewardship program.
23        (3) A description of the methods by which discarded
24    carpet will be collected in this State with no charge to
25    any person, including an explanation of how the collection



10100SB0557sam001- 10 -LRB101 04318 CPF 57986 a

1    system will be convenient and adequate to serve the needs
2    of businesses and residents in both urban and rural areas
3    on an ongoing basis and how the stewardship group will
4    achieve a convenience standard of having collection sites
5    in all counties with a population density of greater than
6    or equal to 100 individuals per square mile in this State
7    by January 1, 2021 for program year 2021, and all counties
8    with a population density of greater than or equal to 50
9    individuals per square mile for program year 2022 and
10    thereafter.
11        (4) An evaluation, beginning with the second
12    three-year plan submitted by July 1, 2023, of the
13    feasibility and cost of expanding the convenience standard
14    to at least one collection site in every county in the
15    State.
16        (5) A description of how the adequacy of the collection
17    program will be monitored, evaluated, and maintained.
18        (6) The names and locations of collectors,
19    transporters, and processors who will manage discarded
20    carpet.
21        (7) A description of how the discarded carpet and the
22    products' components will be safely and securely
23    transported, tracked, and handled from collection through
24    final recycling and processing.
25        (8) A description of the methods to be used to reuse,
26    deconstruct, or recycle discarded carpet to ensure that the



10100SB0557sam001- 11 -LRB101 04318 CPF 57986 a

1    products' components, to the extent feasible, are
2    transformed or remanufactured into finished products for
3    use.
4        (9) A description of the methods to be used to manage
5    or dispose of discarded carpet that cannot be recycled or
6    reused,
7        (10) A description of the promotion and outreach
8    activities and proposed budget that will be used to
9    encourage participation in the collection and recycling
10    programs and how the activities' effectiveness will be
11    evaluated and the program modified, if necessary.
12        (11) Evidence of adequate insurance and financial
13    assurance that may be required for collection, handling,
14    and disposal operations.
15        (12) A 3-year rolling performance goal, including an
16    estimate of the percentage of discarded carpet that will be
17    collected, reused, and recycled during each of the next 3
18    years of the stewardship plan, with a minimum goal of
19    achieving a 15% recycling rate by December 31, 2023. The
20    performance goals shall include a specific goal for the
21    amount of discarded carpet that will be collected,
22    recycled, and reused during each year of the plan. The
23    performance goals must be based on:
24            (A) the most recent collection data available for
25        this State;
26            (B) the estimated amount of discarded carpet



10100SB0557sam001- 12 -LRB101 04318 CPF 57986 a

1        disposed of annually;
2            (C) the weight of the discarded carpet that is
3        expected to be available for collection annually; and
4            (D) actual collection data from other existing
5        carpet stewardship programs.
6        The clearinghouse plan must state the methodology used
7    to determine these goals. By March 1, 2023, the Agency, in
8    consultation with the clearinghouse, shall establish a
9    recycling rate goal for the 3-year plan period beginning
10    January 1, 2024. Thereafter, the Agency, in consultation
11    with the clearinghouse, shall establish a recycling rate
12    goal for each subsequent 3-year plan period by March 1 of
13    the calendar year preceding the first year of that 3-year
14    plan period.
15        (13) A discussion of the status of end markets for
16    discarded carpet and what, if any, additional end markets
17    are needed to improve the functioning of the program.
18        (14) A discussion of carpet design and manufacturing
19    changes that the producers are considering or have
20    implemented in order to reduce toxicity, water use, or
21    energy use associated with the production of carpet and
22    efforts to increase the recycled content, recyclability,
23    or carpet longevity.
24        (15) A funding mechanism consistent with Section 35
25    that demonstrates sufficient funding to carry out the plan,
26    including the administrative, operational, and capital



10100SB0557sam001- 13 -LRB101 04318 CPF 57986 a

1    costs of the plan, and payment of incentive payments to
2    carpet collectors, processors, and end use markets to
3    assist with the implementation of this Act.
4        (16) Annual budgets showing revenue and expenditure
5    projections for the current program year and projected for
6    the next 2 years of the program.
7        (17) A process by which the financial activities of the
8    clearinghouse that are related to the implementation of the
9    plan shall be subject to an annual independent audit, which
10    shall be reviewed by the Agency.
11        (18) An evaluation of the feasibility and
12    effectiveness of a ban on landfilling discarded carpet in
13    this State, and an opinion on whether to recommend a
14    landfill ban.
15        (19) Baseline information, for the most current year
16    for which data is available, on the amount of square feet
17    and pounds of carpet sold in this State, by type of polymer
18    or non-polymer material used to make the carpet.
19        (20) A discussion of the feasibility, cost, and
20    effectiveness of labeling the backside of new carpet with
21    the polymer type or non-polymer material used to
22    manufacture the carpet to assist processors in more easily
23    identifying the type of discarded carpet collected for
24    processing.
25        (21) A description of the program that shall be
26    implemented to train carpet installers on how to properly



10100SB0557sam001- 14 -LRB101 04318 CPF 57986 a

1    manage discarded carpet so that it can be reused or
2    recycled pursuant to this Act.
3    (b) An update to the plan shall be submitted, at a minimum,
4every 3 years, or if the Agency determines that a plan update
5is needed, prior to the minimum of once every 3 years. If the
6Agency determines that a plan update is necessary, such update
7shall be submitted to the Agency by the clearinghouse within 30
8days of receiving notice from the Agency of the update's
10    (c) The clearinghouse shall notify the Agency within 30
11days of any significant changes or modifications to the plan or
12its implementation. Within 30 days of the notification, a
13written plan revision shall be submitted to the Agency for
14review and approval.
15    Section 30. Review and approval of the clearinghouse plan
16and plan updates.
17    (a) Within 14 days of receipt of the clearinghouse plan,
18the Agency shall post the plan or plan update on its website.
19Within 30 days of its posting on the Agency website, any
20interested person living within the State of Illinois may
21provide written comments to the clearinghouse regarding the
22plan or plan update and those comments shall be responded to by
23the clearinghouse within 30 days after receipt of the comments.
24    (b) Within 90 days after receipt of the proposed plan or
25plan update, and not prior to the public comment opportunity



10100SB0557sam001- 15 -LRB101 04318 CPF 57986 a

1provided in subsection (a), the Agency shall determine whether
2the plan or plan update complies with Section 25. If the Agency
3approves a plan or plan update, the Agency shall notify the
4clearinghouse of the plan approval in writing within 14 days of
5receipt. If the Agency rejects a plan or plan update, the
6Agency shall notify the clearinghouse in writing of the reasons
7for rejecting the plan within 14 days of receipt. The
8clearinghouse shall submit a revised plan to the Agency within
960 days after receiving notice of rejection. Any proposed
10changes to a plan or plan update must be approved by the Agency
11in writing.
12    (c) The clearinghouse plan and plan updates approved by the
13Agency shall be placed on the Agency's website and made
14available at the Agency's headquarters for public review within
1530 days of the Agency's approval.
16    Section 35. Carpet stewardship assessment.
17    (a) On and after January 1, 2020 a producer of carpet shall
18add a carpet stewardship assessment fee of 4 cents per square
19foot to the purchase price of nylon carpet, polypropylene
20carpet, and wool carpet, and 6 cents per square foot to the
21purchase price of PET carpet, PTT carpet, and blended carpet
22sold in this State by that producer. The assessment added under
23this Section shall be remitted by the producer on a quarterly
24basis to the clearinghouse.
25    (b) Notwithstanding any provision of law to the contrary,



10100SB0557sam001- 16 -LRB101 04318 CPF 57986 a

1the assessment established under this Section is exempt from
2taxes imposed by the Illinois Department of Revenue and shall
3meet both of the following requirements:
4        (1) The assessment shall be added by the producer to
5    the purchase price of all carpet sold by producers to an
6    Illinois retailer or distributor or otherwise sold for use
7    in this State. The assessment shall be clearly visible on
8    all invoices or functionally equivalent billing documents
9    as a separate line item and shall be accompanied by a brief
10    description of the assessment.
11        (2) Each retailer and distributor shall add the
12    assessment to the purchase price of all carpet sold in this
13    State. The assessment shall be clearly visible on all
14    invoices or functionally equivalent billing documents as a
15    separate line item and shall be accompanied by a brief
16    description of the assessment.
17    (c) It is the intent of the General Assembly that the
18amount of the assessment fee be reduced by the clearinghouse as
19the carpet stewardship program is implemented over time and
20becomes more efficient.
21    (d) If the amount of the assessment is too low to properly
22fund the carpet stewardship program the clearinghouse may
23submit a plan update, which must be approved by the Agency, in
24accordance with Section 30, prior to the fee being increased.
25    (e) The assessment shall be lowered if at any time the fee
26generates a fund balance at the end of a program year that is



10100SB0557sam001- 17 -LRB101 04318 CPF 57986 a

1greater than one year's operating costs of the carpet
2stewardship program. If a fund balance greater than one year's
3operating cost is reached, the clearinghouse shall submit a
4plan update to reduce the assessment in accordance with Section
6     (f) The assessment fee shall be deposited by the
7clearinghouse into an Illinois chartered bank, and if for any
8reason this Act is repealed, the entire assessment fund balance
9shall be transferred by the clearinghouse to the State of
10Illinois to be deposited into the Solid Waste Management Fund.
11    Section 40. State action antitrust exemption. Each
12producer and the clearinghouse shall be immune from liability
13for any claim of violation of antitrust law or unfair trade
14practice if the conduct is a violation of antitrust law, to the
15extent the producer or clearinghouse is exercising authority
16under the provisions of this Act.
17    Section 45. Requirements applicable to producers.
18    (a) On and after January 1, 2020, a producer of carpet
19shall add the stewardship assessment, as established in Section
2035, to the cost of carpet sold to retailers and distributors in
21this State by the producer.
22    (b) Producers shall provide consumers with educational
23materials regarding the stewardship assessment and carpet
24stewardship program as required by paragraph (1) of subsection



10100SB0557sam001- 18 -LRB101 04318 CPF 57986 a

1(b) of Section 35 of this Act. The materials shall include, but
2are not limited to, (i) information regarding available
3end-of-life management options for carpet offered through the
4carpet stewardship program and (ii) information that notifies
5the consumers that a charge for the operation of the carpet
6stewardship program is included in the purchase price of carpet
7sold in this State.
8    (c) Producers who sell carpet in this State shall register
9with the Agency by January 1, 2020 and annually thereafter for
10as long as that producer sells carpet in this State.
11    Section 50. Requirements applicable to retailers and
13    (a) Three months after program plan approval, no carpet may
14be sold in this State unless the product's producer is
15participating the clearinghouse plan.
16    (b) Any retailer or distributor may participate, on a
17voluntary basis, as a designated collection point pursuant to a
18product stewardship program and in accordance with applicable
20    (c) No retailer or distributor shall be found to be in
21violation of this Section if, on the date the carpet was
22ordered from the producer or its agent, the producer was listed
23as compliant on the Agency's website in accordance with this



10100SB0557sam001- 19 -LRB101 04318 CPF 57986 a

1    Section 55. Requirements applicable to the Agency.
2    (a) Beginning January 1, 2020, and annually thereafter, the
3Agency shall post on its website the list of carpet producers
4that registered with the Agency, in accordance with Section 45,
5and who are in compliance with this Act.
6    (b) Beginning January 1, 2021, and annually thereafter, for
7the benefit of assisting consumers who wish to find collection
8sites for recycling carpet, the Agency shall post on its
9website the location of all collection sites identified to the
10Agency by the clearinghouse in its plans and annual reports.
11    (c) The Agency shall post on its website the plan as
12approved by the Agency and any subsequent updates within 30
13days of receipt pursuant to Section 30.
14    (d) Beginning May 1, 2022, and annually thereafter, the
15Agency shall post on its website copies of the annual reports.
16    (e) Beginning March 1, 2023, and once every 3 years
17thereafter, the Agency shall, in consultation with the
18clearinghouse, establish the recycling rate performance goal
19in the clearinghouse plan, beginning with program year 2024.
20    Section 60. Annual stewardship reports.
21    (a) By April 1, 2022, and by April 1 of each year
22thereafter, the clearinghouse shall submit a report to the
23Agency that includes, for the previous program year, a
24description of the carpet stewardship program, including, but
25not limited to, the following:



10100SB0557sam001- 20 -LRB101 04318 CPF 57986 a

1        (1) the amount of carpet sold by square feet and pounds
2    in this State during the reporting period by polymer type
3    or non-polymer material, including a separate reporting of
4    the amount of carpet sold in this State for which the
5    carpet stewardship assessment was collected;
6        (2) a description of the methods used to collect,
7    transport, and process discarded carpet in regions of this
8    State, and a listing of the persons used to collect,
9    transport, and process discarded carpet;
10        (3) identification of all discarded carpet collection
11    sites in this State and whether the requirement of
12    paragraph (3) of subsection (a) of Section 25 has been met;
13        (4) the weight of all discarded carpet collected and
14    reused or recycled in all regions of this State, a
15    comparison to the performance goals and recycling rates
16    established in the clearinghouse plan, and, if
17    appropriate, an explanation stating the reason or reasons
18    performance goals were not met;
19        (5) the weight of discarded carpet collected in this
20    State but not recycled and its ultimate disposition, and a
21    comparison to the performance goals in the clearinghouse
22    plan;
23        (6) the total cost of implementing the clearinghouse
24    plan and a copy of the independent audit regarding the
25    financial activities of the clearinghouse;
26        (7) a proposed budget for implementing the



10100SB0557sam001- 21 -LRB101 04318 CPF 57986 a

1    clearinghouse plan in the subsequent calendar year;
2        (8) an evaluation of the funding mechanism and its
3    ability to properly fund the implementation of the
4    clearinghouse plan, and provide adequate incentive
5    payments to collectors, processors and end markets for
6    managing carpet;
7        (9) identification of the facilities processing
8    carpet, the weight processed at each facility, and each
9    facility's processing capacity;
10        (10) an evaluation of the effectiveness of the
11    clearinghouse plan, and anticipated steps, if needed, to
12    improve performance;
13        (11) a discussion of progress made toward achieving
14    carpet design changes according to paragraph (14) of
15    subsection (a) of Section 25;
16        (12) samples of educational materials provided to
17    consumers and carpet installers, and an evaluation of the
18    effectiveness of the materials and the methods used to
19    disseminate the materials. The evaluation shall include,
20    but shall not be limited to, information on the number of
21    consumers and carpet installers that received or viewed the
22    educational materials, and any consumer and carpet
23    installer survey data that may have been collected
24    regarding the educational materials used; and
25        (13) an evaluation of the feasibility and
26    effectiveness of a ban on landfilling carpet in this State,



10100SB0557sam001- 22 -LRB101 04318 CPF 57986 a

1    and an opinion on whether to recommend a landfill ban.
2    Section 65. Administrative fee.
3    (a) The clearinghouse shall pay the Agency an annual
4administrative fee of $100,000 which may be paid for from
5revenue from the carpet stewardship assessment.
6    (b) The clearinghouse shall pay the Agency's
7administrative fee under subsection (a) on or before January 1,
82021, and annually thereafter.
9    (c) The Agency shall deposit the fees collected under this
10Section into the Solid Waste Management Fund.
11    Section 70. Enforcement.
12    (a) On and after the implementation date of the carpet
13stewardship program, no producer, distributor, or retailer
14shall sell or offer for sale carpet to any person in this State
15if the producer of the carpet is not registered with the Agency
16pursuant to subsection (c) of Section 45 and participating in
17implementing the clearinghouse plan.
18    (b) No retailer or distributor shall be found in violation
19of the provisions of subsection (a) if, on the date the carpet
20was ordered from the producer or its agent, the producer was
21listed on the Agency's website in accordance with the
22provisions of subsection (a) of Section 55.
23    (c) The Attorney General or State's Attorney may request,
24and a Court may impose, after providing notice and opportunity



10100SB0557sam001- 23 -LRB101 04318 CPF 57986 a

1to be heard, a civil penalty in the amount of $5,000 per day
2per violation against any person who violates the terms of this
4    (d) Nothing in this Act prohibits a retailer or distributor
5from selling their inventory of carpet existing prior to the
6date the first stewardship plan prepared by the clearinghouse
7is approved by the Agency.
8    (e) The penalties provided for in this Section may be
9recovered in a civil action brought in the name of the People
10of the State of Illinois by the State's Attorney of the county
11in which the violation occurred or by the Attorney General. Any
12funds collected under this Section in an action in which the
13Attorney General has prevailed shall be deposited in the
14Environmental Protection Trust Fund, to be used in accordance
15with the provisions of the Environmental Trust Fund Act.
16    Section 75. State procurement of carpet. Beginning on
17January 1, 2022, at least 35% of carpet purchased by State
18agencies shall be carpet with a minimum of 10% post-consumer
19recycled content by weight from discarded carpet and comply
20with the National Science Foundation/American National
21Standards Institute (NSF/ANSI) 140-2009 Standard, Platinum
22Level or the most current version in effect as provided by the
23American National Standards Institute. The carpet shall be
24purchased from a carpet producer with a third party certified
25closed loop recycling facility. Thereafter, those purchases



10100SB0557sam001- 24 -LRB101 04318 CPF 57986 a

1shall increase by a rate of 10% per year until it reaches 75%.
2Prior to January 1, 2022, the clearinghouse shall provide a
3report to the Illinois Department of Central Management
4Services on the other types of products that contain recycled
5carpet as a feedstock that the State should consider
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".