Illinois General Assembly - Full Text of SB0345
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Full Text of SB0345  102nd General Assembly

SB0345 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0345

 

Introduced 2/19/2021, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Carpet Stewardship Act. Provides that for all carpet sold in this State, producers shall, through a clearinghouse, implement and finance a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its reuse and recycling, and provides for negotiation and execution of agreements to collect, transport, process, and market the product for end-of-life carpet recycling and carpet reuse. Requires the clearinghouse to be incorporated as a nonprofit. Provides that the Illinois Environmental Protection Agency must approve the carpet stewardship plan for the plan to be valid. Establishes requirements for review of the plan, carpet stewardship assessments, and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Provides enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains other provisions. Effective immediately.


LRB102 13471 CPF 18818 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0345LRB102 13471 CPF 18818 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Carpet
5Stewardship Act.
 
6    Section 5. Findings and purpose. The General Assembly
7finds that:
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
11    Economic Opportunity, approximately 229,000 tons of carpet
12    and carpet padding are landfilled each year, 1.5% of the
13    total waste landfilled in this State.
14        (2) Old carpet and padding are currently being
15    recycled in this State at a carpet recycling rate
16    estimated to be less than 1%, compared to a 15.6% carpet
17    recycling rate for the fourth quarter of 2018 in
18    California, which has enacted Extended Producer
19    Responsibility legislation for carpet.
20        (3) Carpet recycling can be significantly expanded by
21    utilizing an Extended Producer Responsibility approach
22    which will lead to job creation through the collection,
23    processing, and marketing of old carpet and padding. In

 

 

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1    California, this approach has created approximately 150
2    direct jobs.
3        (4) According to the U.S. Environmental Protection
4    Agency, the carpet recycling of old carpet has a positive
5    impact on the reduction of greenhouse gases when compared
6    to the landfilling or incineration of old carpet, which
7    increases the generation of greenhouse gases.
 
8    Section 10. Definitions. In this Act:
9    "Agency" means the Illinois Environmental Protection
10Agency.
11    "Blended carpet" means carpet with a nonuniform face
12fiber, which is manufactured with multiple polymer types,
13fiber types, or both, in the face of the constructed material.
14    "Brand" means a name, symbol, word, or mark that
15identifies the carpet, rather than its components, and
16attributes the product to the owner or licensee of the brand as
17the producer.
18    "Carpet" means a manufactured article that is (i) used in
19commercial buildings or single or multifamily residential
20buildings, (ii) affixed or placed on the floor or building
21walking surface as a decorative or functional building
22interior or exterior feature, and (iii) primarily constructed
23of a top visible surface of synthetic face fibers or yarns or
24tufts attached to a backing system derived from synthetic or
25natural materials. "Carpet" includes, but is not limited to, a

 

 

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1commercial or residential broadloom carpet, modular carpet
2tiles, and artificial turf. "Carpet" includes a pad or
3underlayment used in conjunction with a carpet. "Carpet" does
4not include handmade rugs, area rugs, or mats.
5    "Carpet recycling" means the process by which old carpet
6is collected, processed, and returned to the economic
7mainstream in the form of raw materials or products. "Carpet
8recycling" is further defined to include only those pounds of
9old carpet that are an output of a recycling facility destined
10for an end market or carpet reuse and is not meant to mean the
11gross input pounds of old carpet accepted by a recycling
12facility. "Carpet recycling" does not include energy recovery
13or energy generation by means of combusting old carpet, and it
14does not include any disposal or use of old carpet within the
15permitted boundaries of a municipal solid waste landfill unit.
16    "Carpet recycling rate" means the percentage of old carpet
17that is managed through carpet recycling or carpet reuse, as
18defined by this Act, and is computed by dividing the amount of
19old carpet that is collected and recycled or reused by the
20total amount of old carpet that is generated over a program
21year. To determine the annual carpet recycling rates required
22by this Act the amount of old carpet generated shall be
23calculated using an industry standard calculation based on
24annual sales, replacement rate, and the average weight of
25carpet.
26    "Carpet reuse" means donating or selling an old carpet

 

 

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1back into the market for its original intended use, when the
2old carpet retains its original purpose and performance
3characteristics.
4    "Clearinghouse" means the entity incorporated as a
5nonprofit within the meaning of 26 U.S.C. 501 representing
6carpet producers, and other designated representatives who are
7cooperating with one another to collectively establish and
8operate an old carpet carpet recycling and carpet reuse
9program for the purpose of complying with this Act.
10    "Clearinghouse plan" means a single, detailed plan
11prepared by the clearinghouse that includes all the
12information required by this Act.
13    "Collection" means any method of consolidating and
14temporarily storing old carpet.
15    "Collection site" means a site managed by a
16clearinghouse-approved collector to collect and temporarily
17store old carpet as provided by this Act.
18    "Collector" means any public or private entity approved by
19the clearinghouse that provides old carpet collection
20services.
21    "Comptroller" means the Comptroller of the State of
22Illinois.
23    "Consumer" means any person who makes a purchase at
24retail.
25    "Distributor" or "wholesaler" means a person who buys or
26otherwise acquires carpet from another source and sells or

 

 

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1offers to sell that carpet to retailers in this State.
2    "Installer" means any person or entity contracted for the
3purpose of installing flooring where old carpet is removed.
4    "Nylon carpet" means carpet made with a uniform face fiber
5made with either nylon 6 or nylon 6,6.
6    "Old carpet" means carpet that is no longer used for its
7manufactured purpose.
8    "Person" means any individual, partnership,
9co-partnership, firm, company, corporation, association, joint
10stock company, trust, estate, political subdivision, State
11agency, or any other legal entity, or their legal
12representative, agent, or assign.
13    "PET carpet" means carpet made from polyethylene
14terephthalate.
15    "Polypropylene carpet" means carpet made from
16polypropylene.
17    "Processor" means a public or private entity approved by
18the clearinghouse to prepare old carpet for reuse, recycling,
19or disposal that uses industry recognized processes, such as
20shredding, grinding, sheering, depolymerization, or other
21methods recognized by the clearinghouse, to convert old carpet
22into finished recycled output ready to be used as an input
23material for secondary products.
24    "Producer" means a person who manufactures carpet that is
25sold, offered for sale, or distributed in this State. Producer
26includes any person who imports carpet into the United States

 

 

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1that is sold, offered for sale, or distributed in this State
2and that is manufactured by a person who does not manufacture
3the carpet in the United States. "Producer" does not include a
4retailer that trademarks or brands carpet that is sold,
5offered for sale, or distributed in this State that is
6manufactured by a person other than the retailer.
7    "Program year" means a calendar year. The first program
8year is 2021.
9    "PTT carpet" means carpet made from polytrimethylene
10terephthalate.
11    "Retailer" means any person engaged in the business of
12making sales at retail that generate occupation or use tax
13revenue. "Retailer" does not include a distributor, producer,
14or wholesaler, as those terms are defined in this Section.
15    "Roll-off dumpster" means a waste container that holds at
16least 40 cubic yards or waste.
17    "Sale" or "sell" means a transfer of title to carpet for
18consideration, including a remote sale conducted through a
19sales outlet, catalog, website, or similar electronic means.
20"Sale" or "sell" includes a lease through which carpet is
21provided to a consumer by a producer, distributor, or
22retailer.
23    "Semitrailer" means any vehicle without motive power,
24other than a pole trailer, designed for carrying persons or
25property and for being drawn by a motor vehicle and so
26constructed that some part of its weight and that of its load

 

 

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1rests upon or is carried by another vehicle.
2    "Sorter" means a public or private entity approved by the
3clearinghouse that performs the sorting of old carpet for
4third-party reuse.
5    "Sorting" means the method used for sorting old carpet
6into its various backing types or fiber types.
7    "Stewardship assessment" means the amount added to the
8purchase price of carpet sold in this State that is necessary
9to cover the cost of collecting, transporting, processing and
10marketing old carpet by the clearinghouse pursuant to the
11clearinghouse plan, and shall not be used to pay for any fines
12or penalties levied pursuant to this Act or for the final
13disposal or incineration of old carpet.
14    "Wool carpet" means carpet made from wool.
 
15    Section 15. Formation, duties and powers of the
16Clearinghouse.
17    (a) To administer the carpet stewardship program a
18clearinghouse shall be incorporated as a nonprofit, and shall
19consist of the following members, to be appointed by the
20Director of the Agency:
21        (1) one individual who is a representative of a
22    statewide association representing retailers;
23        (2) two individuals who are representatives of carpet
24    producers;
25        (3) one individual who is a representative of a

 

 

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1    national association representing manufacturers of carpet;
2        (4) two individuals who are representatives of carpet
3    recyclers;
4        (5) two individuals who are representatives of a
5    statewide association representing waste disposal
6    companies;
7        (6) two individuals who are representatives of
8    environmental organizations;
9        (7) two individuals who are representatives of county
10    or municipal joint action agency waste management
11    programs;
12        (8) one individual who is a representative of a
13    company that utilizes old carpet to manufacture a new
14    product, not including new carpet; and
15        (9) one individual who is a representative of an
16    association representing installers of carpet.
17    (b) Members of the clearinghouse shall serve without
18compensation but shall be reimbursed for travel expenses with
19proceeds from the stewardship assessment, and the Agency shall
20be responsible for monitoring these expenses. Members shall
21serve on the clearinghouse until a successor is appointed and
22qualified.
23    (c) The clearinghouse's duties include, but are not
24limited to:
25        (1) preparing the clearinghouse plan, and any required
26    amendments, in compliance with this Act;

 

 

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1        (2) implementing the clearinghouse plan;
2        (3) approving collectors, sorters, and processors to
3    provide services under this Act;
4        (4) creating and administering a grant program to
5    assist in subsidizing the costs to collect, process, or
6    market old carpet for carpet reuse or carpet recycling;
7        (5) being responsible for meeting the performance
8    goals specified by this Act;
9        (6) submitting annual program reports as required by
10    this Act;
11        (7) submitting to the Agency in the clearinghouse plan
12    any increases or decreases in the stewardship assessment;
13    and
14        (8) overseeing an annual audit of the carpet
15    stewardship program's revenues and expenditures, and
16    reporting those findings to the Comptroller.
17    (d) The clearinghouse may hire a director and necessary
18staff, and may organize itself into committees to implement
19this Act, which shall be funded by the stewardship assessment.
20The Agency shall monitor these expenses.
 
21    Section 20. Carpet stewardship program and sale
22requirement.
23    (a) For all carpet sold in this State, the clearinghouse
24shall implement and finance a statewide carpet stewardship
25program that: manages carpet by reducing its waste generation;

 

 

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1promotes its carpet recycling and carpet reuse; and provides
2for negotiation and execution of agreements to collect,
3transport, process, or market the old carpet for end-of-life
4carpet recycling or carpet reuse.
5    (b) On and after January 1, 2021, a producer or
6distributor that offers carpet for sale in this State is not in
7compliance with this Act and is subject to penalties under
8Section 70 if the carpet stewardship assessment fee is not
9added to the purchase price of the carpet offered for sale
10pursuant to Section 35.
 
11    Section 25. Clearinghouse plan.
12    (a) By July 1, 2020 and by July 1 every 3 years thereafter,
13beginning with program year 2021, the clearinghouse shall
14submit a 3-year plan to the Agency and receive approval of the
15plan. The clearinghouse plan shall include, at a minimum, each
16of the following:
17        (1) Certification that the carpet stewardship program
18    will accept for collection all old carpet, regardless of
19    type or which producer manufactured the product and its
20    individual components.
21        (2) Contact information for each individual
22    representing the clearinghouse, designation of a program
23    manager responsible for administering the program in this
24    State, a list of all producers participating in the carpet
25    stewardship program, and the brands covered by the product

 

 

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1    stewardship program.
2        (3) A description of the methods by which old carpet
3    will be collected in this State, including an explanation
4    of how the collection system will achieve a convenience
5    standard of having collection sites in all counties with a
6    population density of greater than or equal to 100
7    individuals per square mile in this State by January 1,
8    2021 for program year 2021, and all counties with a
9    population density of greater than or equal to 50
10    individuals per square mile for program year 2022 and
11    thereafter.
12        (4) An evaluation, beginning with the second
13    three-year plan submitted by July 1, 2023, of the
14    feasibility and cost of expanding the convenience standard
15    to at least one collection site in every county in the
16    State.
17        (5) A description of how the adequacy of the
18    collection program will be monitored, evaluated, and
19    maintained.
20        (6) The names and locations of collectors, sorters,
21    and processors who have been approved by the clearinghouse
22    to manage old carpet.
23        (7) A description of how the old carpet and the
24    products' components will be safely and securely
25    transported, tracked, and handled from collection through
26    final carpet recycling and processing.

 

 

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

 

 

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

 

 

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1    plan, including the administrative, operational, and
2    capital costs of the plan, and payment of incentive
3    payments to carpet collectors, processors, and end use
4    markets to assist with the implementation of this Act.
5        (16) Annual budgets showing revenue and expenditure
6    projections for the current program year and projected for
7    the next 2 years of the program.
8        (17) A process by which the financial activities of
9    the clearinghouse that are related to the implementation
10    of the plan shall be subject to an annual independent
11    audit, which shall be reviewed by the Comptroller.
12        (18) A description of an educational program and
13    materials that shall be implemented and used to train
14    operators of collection sites on how to properly collect
15    old carpet and reduce contamination. At no time shall a
16    collection site be subject to a fine or extra charge for
17    contamination by either the clearinghouse or a carpet
18    processor. However, collection sites that continue to ship
19    contaminated old carpet to processors may be removed from
20    the stewardship program by the clearinghouse.
21        (19) Baseline information, for the most current year
22    for which data is available, on the amount of square feet
23    and pounds of carpet sold in this State, by type of polymer
24    or non-polymer material used to make the carpet.
25        (20) A discussion of the feasibility, cost, and
26    effectiveness of labeling the backside of new carpet with

 

 

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1    the polymer type or non-polymer material used to
2    manufacture the carpet to assist processors in more easily
3    identifying the type of old carpet collected for
4    processing.
5        (21) A description of the program that shall be
6    implemented to train carpet installers on how to properly
7    manage old carpet so that it can be carpet reused or carpet
8    recycled pursuant to this Act, including, but not limited
9    to, the development of videos and written materials
10    regarding the carpet recycling program.
11    (b) An update to the plan shall be submitted, at a minimum,
12every 3 years, or if the Agency determines that a plan update
13is needed, prior to the minimum of once every 3 years.
14    (c) The clearinghouse shall notify the Agency within 30
15days of any significant changes or modifications to the plan
16or its implementation. Within 30 days of the notification, a
17written plan revision shall be submitted to the Agency for
18review and approval.
 
19    Section 30. Review and approval of the clearinghouse plan
20and plan updates.
21    (a) Within 90 days after receipt of the proposed plan or
22plan update, the Agency shall determine whether the plan or
23plan update complies with Section 25. If the Agency approves a
24plan or plan update, the Agency shall notify the clearinghouse
25of the plan approval in writing within 14 days of receipt. If

 

 

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1the Agency rejects a plan or plan update, the Agency shall
2notify the clearinghouse in writing of the reasons for
3rejecting the plan within 14 days of receipt. The
4clearinghouse shall submit a revised plan to the Agency within
560 days after receiving notice of rejection. Any proposed
6changes to a plan or plan update must be approved by the Agency
7in writing.
8    (b) The clearinghouse plan and plan updates approved by
9the Agency shall be placed on the Agency's website and made
10available at the Agency's headquarters for public review
11within 30 days of the Agency's approval.
 
12    Section 32. Implementation of clearinghouse plan. The
13clearinghouse shall implement the clearinghouse plan
14components under subsection (a) of Section 25 upon approval of
15the clearinghouse plan or plan update by the Agency under
16Section 30. The Agency shall monitor the clearinghouse's
17implementation of the clearinghouse plan and shall have the
18authority to require specific action by the clearinghouse to
19meets its clearinghouse plan implementation requirements under
20this Section.
 
21    Section 35. Carpet stewardship assessment.
22    (a) On and after January 1, 2020 a producer of carpet shall
23add a carpet stewardship assessment fee of 4 cents per square
24foot to the purchase price of nylon carpet, polypropylene

 

 

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1carpet, and wool carpet, and 6 cents per square foot to the
2purchase price of PET carpet, PTT carpet, and blended carpet
3sold in this State by that producer. The assessment added
4under this Section shall be remitted by the producer on a
5quarterly basis to the clearinghouse. The amount each producer
6pays in assessments shall be considered proprietary
7information that is privileged or confidential and shall not
8be disclosed to the clearinghouse or the public. However, in
9order to determine if each producer is paying the proper
10assessments, an independent professional accounting firm shall
11be hired by the clearinghouse to review and verify the
12quarterly square foot sales data by carpet type provided by
13each producer and the quarterly payments remitted to the
14clearinghouse by each producer.
15    (b) Notwithstanding any provision of law to the contrary,
16the assessment established under this Section is exempt from
17taxes imposed by the Illinois Department of Revenue and shall
18meet both of the following requirements:
19        (1) The assessment shall be added by the producer to
20    the purchase price of all carpet sold by producers to an
21    Illinois retailer or distributor or otherwise sold for use
22    in this State. Retailers and distributors shall have at
23    least 120 calendar days after the date the carpet is sold
24    to provide producers with the assessment. The assessment
25    shall be clearly visible on all invoices or functionally
26    equivalent billing documents as a separate line item and

 

 

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1    shall be accompanied by a brief description of the
2    assessment.
3        (2) Each retailer and distributor shall add the
4    assessment to the purchase price of all carpet sold in
5    this State. The assessment shall be clearly visible on all
6    invoices or functionally equivalent billing documents as a
7    separate line item and shall be accompanied by a brief
8    description of the assessment.
9    (c) It is the intent of the General Assembly that the
10amount of the assessment fee be reduced by the clearinghouse
11as the carpet stewardship program is implemented over time and
12becomes more efficient.
13    (d) If the amount of the assessment is too low to properly
14fund the carpet stewardship program the clearinghouse may
15adopt rules increasing the assessment fee, which must be
16approved by the Joint Committee on Administrative Rules prior
17to the fee being increased.
18    (e) The assessment shall be lowered if at any time the fee
19generates a fund balance at the end of a program year that is
20greater than one year's operating costs of the carpet
21stewardship program. If a fund balance greater than one year's
22operating cost is reached, the clearinghouse shall adopt rules
23decreasing the assessment fee, which must be approved by the
24Joint Committee on Administrative Rules prior to the fee being
25decreased.
26     (f) The assessment fee shall be deposited by the

 

 

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1clearinghouse into an Illinois chartered bank, and if for any
2reason this Act is repealed, the entire assessment fund
3balance shall be transferred by the clearinghouse to the State
4of Illinois to be deposited into the Solid Waste Management
5Fund.
 
6    Section 36. Collection of discarded carpet.
7    (a) No later than June 1, 2023, in any county with a
8population of greater than 200,000 people, any installer
9engaged in removing old carpet from a residence or business
10must transport, or contract to transport, all old carpet to a
11clearinghouse-approved old carpet collection site as defined
12in Section 10.
13    (b) Approved carpet collection sites as defined in Section
1410 shall ensure that old carpet is collected in the prescribed
15conditions required by the clearinghouse plan. The conditions
16must also include, but are not limited to, the following
17requirements:
18        (1) Discarded carpet must be kept in a location that
19    allows it to remain dry at all times.
20        (2) Containers holding collected old carpet must be
21    free of all non-carpet discarded waste items.
22        (3) Prior to shipment to a recycler, containers
23    holding discarded carpet must be filled to the following
24    minimum standards:
25            (A) Roll off dumpsters shall be filled to a

 

 

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1        minimum of 8 tons.
2            (B) Semitrailers shall be filled to a minimum of
3        13 tons.
4        (4) Approved collection sites must permit an approved
5    recycler's prescribed container to be housed on site for
6    loading by the collector for pickup at the collection
7    site.
8    (c) Any approved collection site that has collected old
9carpet as prescribed by the clearinghouse plan and whose full
10container volume is not removed by a registered recycler upon
113-business day's electronic notice to the recycler stating
12that collected old carpet is ready for removal may dispose of
13that container's contents in a landfill. For purposes of this
14Act, old carpet collected by a clearinghouse certified entity
15at a regulated waste transfer station or landfill shall not be
16considered as being stored under the terms of any applicable
17waste disposal permit, and shall not impact the status of an
18existing waste disposal permit, until the seventh business day
19after electronic notice has been given to the recycler stating
20that collected old carpet is ready for removal.
 
21    Section 37. Economic support for approved carpet
22collection sites. The clearinghouse shall use revenues from
23the carpet stewardship assessment fee to pay approved old
24carpet collection sites for costs, services, and
25infrastructure improvements as follows:

 

 

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1        (1) Reimbursement for reasonable costs, as
2    pre-approved by the clearinghouse, to adapt sites for old
3    carpet collection as required by this Act, including, but
4    not limited to, one-time costs for constructing the needed
5    structure to make the collection of carpet safe and
6    convenient, and to ensure adequate room to maneuver old
7    carpet collection equipment in such a manner so as to not
8    disrupt the normal flow of activity at the collection
9    site.
10        (2) A recovery fee equivalent to $20.00 per ton for
11    all carpet collected that is subject to this Act and
12    loaded into trailers at the collector's site in accordance
13    with subsection (b) of Section 36.
14        (3) Approved carpet collection sites located at waste
15    transfer or waste disposal facilities permitted by the
16    Agency may, at their discretion, charge the generator of
17    such discarded carpet customary and proprietary collection
18    and disposal fees.
19        (4) Approved carpet collection sites may not charge a
20    processor any fee for removal of carpet discarded from the
21    collection site location.
22        (5) Economic support for approved carpet collectors
23    under this Section shall be reviewed every 3 years as
24    clearinghouse plans are submitted to the Agency.
 
25    Section 40. State action antitrust exemption. Each

 

 

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1producer and the clearinghouse shall be immune from liability
2for any claim of violation of antitrust law or unfair trade
3practice if the conduct is a violation of antitrust law, to the
4extent the producer or clearinghouse is exercising authority
5under the provisions of this Act.
 
6    Section 45. Requirements applicable to producers.
7    (a) On and after January 1, 2020, a producer of carpet
8shall add the stewardship assessment, as established in
9Section 35, to the cost of carpet sold to retailers and
10distributors in this State by the producer.
11    (b) Producers, working with the clearinghouse, shall
12provide consumers with educational materials regarding the
13stewardship assessment and carpet stewardship program as
14required by paragraph (1) of subsection (b) of Section 35 of
15this Act. The materials shall include, but are not limited to,
16(i) information regarding available end-of-life management
17options for old carpet offered through the carpet stewardship
18program and (ii) information that notifies the consumers that
19a charge for the operation of the carpet stewardship program
20is included in the purchase price of carpet sold in this State.
21    (c) Producers who sell carpet in this State shall register
22with the Agency by January 1, 2020 and annually thereafter for
23as long as that producer sells carpet in this State.
 
24    Section 50. Requirements applicable to retailers and

 

 

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1distributors.
2    (a) On and after January 1, 2020, no carpet may be sold in
3this State unless the carpet's producer has registered with
4the Agency under subsection (c) of Section 45.
5    (b) Any retailer or distributor may participate, on a
6voluntary basis, as a designated collection point pursuant to
7a product stewardship program and in accordance with
8applicable law.
9    (c) No retailer or distributor shall be found to be in
10violation of this Section if, on the date the carpet was
11ordered from the producer or its agent, the producer was
12registered on the Agency's website in accordance with this
13Act.
14    (d) Retailers shall provide consumers with educational
15materials, developed by producers and the clearinghouse, that
16shall include, but are not limited to, information that (i)
17regards available end-of-life management options for old
18carpet, and (ii) notifies the consumer that a charge for the
19operation of the stewardship program is included in the
20purchase price of carpet sold in the State.
 
21    Section 55. Requirements applicable to the Agency.
22    (a) Beginning March 1, 2020, and annually thereafter, the
23Agency shall post on its website the list of carpet producers
24that registered with the Agency, in accordance with subsection
25(c) of Section 45.

 

 

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1    (b) Beginning January 1, 2021, and annually thereafter,
2for the benefit of assisting consumers who wish to find
3collection sites for recycling carpet, the Agency shall post
4on its website the location of all collection sites identified
5to the Agency by the clearinghouse in its plans and annual
6reports.
7    (c) The Agency shall post on its website the plan as
8approved by the Agency and any subsequent updates within 30
9days of approval pursuant to Section 30.
10    (d) Beginning May 1, 2022, and annually thereafter, the
11Agency shall post on its website copies of the annual reports.
 
12    Section 60. Annual stewardship reports.
13    (a) By April 1, 2022, and by April 1 of each year
14thereafter, the clearinghouse shall submit a report to the
15Agency that includes, for the previous program year, a
16description of the carpet stewardship program, including, but
17not limited to, the following:
18        (1) the amount of carpet sold by square feet and
19    pounds in this State during the reporting period by
20    polymer type or non-polymer material, including a separate
21    reporting of the amount of carpet sold in this State for
22    which the carpet stewardship assessment was collected;
23        (2) a description of the methods used to collect,
24    transport, and process old carpet in regions of this
25    State, and a listing of the persons used to collect,

 

 

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1    transport, and process old carpet;
2        (3) identification of all old carpet collection sites
3    in this State and whether the requirement of paragraph (3)
4    of subsection (a) of Section 25 has been met;
5        (4) the weight of all old carpet collected and carpet
6    reused or carpet recycled in all regions of this State, a
7    comparison to the performance goals and carpet recycling
8    rates established in the clearinghouse plan, and, if
9    appropriate, an explanation stating the reason or reasons
10    performance goals were not met;
11        (5) the weight of old carpet collected in this State
12    but not carpet reused or carpet recycled and its ultimate
13    disposition, and a comparison to the performance goals in
14    the clearinghouse plan;
15        (6) the total cost of implementing the clearinghouse
16    plan and a copy of the independent audit regarding the
17    financial activities of the clearinghouse;
18        (7) a proposed budget for implementing the
19    clearinghouse plan in the subsequent calendar year;
20        (8) an evaluation of the funding mechanism and its
21    ability to properly fund the implementation of the
22    clearinghouse plan, including whether the incentive
23    payments to collectors, processors, and end markets for
24    managing carpet are adequate to ensure that the old carpet
25    can be carpet reused or carpet recycled under the program;
26        (9) identification of the facilities processing

 

 

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1    carpet, the weight processed at each facility, and each
2    facility's processing capacity;
3        (10) an evaluation of the effectiveness of the
4    clearinghouse plan, and anticipated steps, if needed, to
5    improve performance;
6        (11) a discussion of progress made toward achieving
7    carpet design changes according to paragraph (14) of
8    subsection (a) of Section 25; and
9        (12) samples of educational materials provided to
10    consumers and carpet installers, and an evaluation of the
11    effectiveness of the materials and the methods used to
12    disseminate the materials. The evaluation shall include,
13    but shall not be limited to, information on the number of
14    consumers and carpet installers that received or viewed
15    the educational materials, and any consumer and carpet
16    installer survey data that may have been collected
17    regarding the educational materials used.
 
18    Section 65. Administrative fee.
19    (a) The clearinghouse shall pay the Agency an annual
20administrative fee of $200,000 which may be paid for from
21revenue from the carpet stewardship assessment.
22    (b) The clearinghouse shall pay the Agency's
23administrative fee under subsection (a) on or before January
241, 2021, and annually thereafter.
25    (c) The Agency shall deposit the fees collected under this

 

 

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1Section into the Solid Waste Management Fund.
 
2    Section 70. Enforcement.
3    (a) On and after January 1, 2020, no producer,
4distributor, or retailer shall sell or offer for sale carpet
5to any person in this State if the producer of the carpet is
6not registered with the Agency pursuant to subsection (c) of
7Section 45 or has not remitted the assessment pursuant to
8Section 35.
9    (b) No retailer or distributor shall be found in violation
10of the provisions of subsection (a) if, on the date the carpet
11was ordered from the producer or its agent, the producer was
12listed on the Agency's website in accordance with the
13provisions of subsection (a) of Section 55.
14    (c) The Attorney General or State's Attorney may request,
15and a Court may impose, after providing notice and opportunity
16to be heard, a civil penalty in the amount of $5,000 per day
17per violation against any producer who violates the
18registration requirements under subsection (c) of Section 45
19or who fails to remit the assessment under Section 35.
20    (d) Nothing in this Act prohibits a retailer or
21distributor from selling their inventory of carpet existing
22prior to January 1, 2020.
23    (e) The penalties provided for in this Section may be
24recovered in a civil action brought in the name of the People
25of the State of Illinois by the State's Attorney of the county

 

 

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1in which the violation occurred or by the Attorney General.
2Any funds collected under this Section in an action in which
3the Attorney General has prevailed shall be deposited in the
4Environmental Protection Trust Fund, to be used in accordance
5with the provisions of the Environmental Trust Fund Act.
6    (f) Nothing in this Act mandates or otherwise requires and
7nothing in the clearinghouse plan shall mandate or otherwise
8require participation of the waste disposal industry in the
9carpet stewardship program created by this Act.
 
10    Section 75. State procurement of carpet. Beginning on
11January 1, 2022, at least 35% of carpet purchased by State
12agencies shall be carpet with a minimum of 10% post-consumer
13recycled content by weight from old carpet and comply with the
14National Science Foundation/American National Standards
15Institute (NSF/ANSI) 140-2009 Standard, Platinum Level or the
16most current version in effect as provided by the American
17National Standards Institute. The carpet shall be purchased
18from a carpet producer with a third party certified closed
19loop recycling facility. Thereafter, those purchases shall
20increase by a rate of 10% per year until it reaches 75%. Prior
21to January 1, 2022, the clearinghouse shall provide a report
22to the Illinois Department of Central Management Services on
23the other types of products that contain recycled carpet as a
24feedstock that the State should consider purchasing.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act