Illinois General Assembly - Full Text of SB1984
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1984  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Julie A. Morrison


New Act

    Creates the Carpet Stewardship Act. Provides that within 60 days after the effective date of the Act, the Director of the Environmental Protection Agency shall appoint specified members to a clearinghouse to administer and implement a carpet stewardship program. Specifies the duties of the clearinghouse. Requires the clearinghouse to be incorporated as a nonprofit. Provides that for all carpet sold in this State, the clearinghouse shall implement, and producers shall finance, a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its carpet recovery and reutilization, and provides for negotiation and execution of agreements to collect, transport, process, and market the old carpet for end-of-life carpet recovery or carpet reutilization. Requires the clearinghouse to submit, by July 1, 2024 and by July 1 every 3 years thereafter, a 3-year plan to the Agency for approval. Specifies the requirements for the plan. Establishes requirements for review of the plan and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Includes enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains a severability provision. Contains other provisions. Effective immediately.

LRB103 06035 CPF 51065 b





SB1984LRB103 06035 CPF 51065 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    recovered in this State at a carpet recovery rate
16    estimated to be less than 1%, compared to a 29% carpet
17    recovery rate for the second quarter in 2021 in
18    California, which has enacted Extended Producer
19    Responsibility legislation for carpet.
20        (3) Carpet recovery 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



SB1984- 2 -LRB103 06035 CPF 51065 b

1    California, this approach has created approximately 150
2    direct jobs.
3        (4) According to the U.S. Environmental Protection
4    Agency, the carpet recovery 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        (5) Due to the detrimental environmental impacts of
9    improper management of old carpet and padding at the end
10    of its intended use, it is the purpose of this Act to
11    utilize a market share liability approach to recover the
12    funding necessary to implement the clearinghouse program
13    required by this Act.
14    Section 10. Definitions. In this Act:
15    "Agency" means the Illinois Environmental Protection
17    "Artificial turf" means artificial or synthetic turf used
18for sports playing surfaces.
19    "Blended carpet" means carpet with a nonuniform face
20fiber, which is manufactured with multiple polymer types,
21fiber types, or both, in the face of the constructed material.
22    "Brand" means a name, symbol, word, or mark that
23identifies the carpet, rather than its components, and
24attributes the product to the owner or licensee of the brand as
25the producer.



SB1984- 3 -LRB103 06035 CPF 51065 b

1    "Carpet" means a manufactured article that is (i) used in
2commercial buildings, single or multifamily residential
3buildings, or sports playing surfaces, (ii) affixed or placed
4on the floor or building walking surface as a decorative or
5functional building interior or exterior feature, and (iii)
6primarily constructed of a top visible surface of synthetic
7face fibers or yarns or tufts attached to a backing system
8derived from synthetic or natural materials. "Carpet"
9includes, but is not limited to, a commercial or residential
10broadloom carpet, modular carpet tiles, and artificial turf.
11"Carpet" includes a pad or underlayment used in conjunction
12with a carpet. "Carpet" does not include handmade rugs, area
13rugs, or mats.
14    "Carpet recovery" means the process by which old carpet is
15collected, processed, and returned to the economic mainstream
16in the form of raw materials or products. "Carpet recovery" is
17further defined to include only those pounds of old carpet
18that are an output of a processor destined for an end market or
19carpet reutilization and is not meant to mean the gross input
20pounds of old carpet accepted by a processor. "Carpet
21recovery" does not include energy recovery or energy
22generation by means of combusting old carpet, and it does not
23include any disposal or use of old carpet within the permitted
24boundaries of a municipal solid waste landfill unit.
25    "Carpet recovery rate" means the percentage of old carpet
26that is an output of a processor destined for carpet recovery



SB1984- 4 -LRB103 06035 CPF 51065 b

1or reutilization and is computed by dividing the amount of old
2carpet that is an output of a processor destined for carpet
3recovery or reutilization by the total amount of old carpet
4that is generated over a program year. To determine the annual
5carpet recovery rates required by this Act the amount of old
6carpet generated shall be calculated using an industry
7standard calculation based on annual sales, replacement rate,
8and the average weight of carpet.
9    "Carpet reutilization" means donating or selling an old
10carpet back into the market for its original intended use,
11when the old carpet retains its original purpose and
12performance characteristics.
13    "Carpet stewardship program" means a statewide program for
14the collection of old carpet and environmentally sound
15management of old carpet that is funded by producers and
16established and operated by the clearinghouse.
17    "Clearinghouse" means the entity incorporated as a
18nonprofit within the meaning of 26 U.S.C. 501 representing
19carpet producers, and other designated representatives who are
20cooperating with one another to collectively establish and
21operate a carpet recovery and carpet reutilization program for
22old carpet for the purpose of complying with this Act.
23    "Clearinghouse plan" means a single, detailed plan
24prepared by the clearinghouse that includes all the
25information required by this Act.
26    "Clearinghouse program" means a statewide program for the



SB1984- 5 -LRB103 06035 CPF 51065 b

1collection of old carpet and environmentally sound management
2of old carpet that is financed by producers and established
3and operated by the clearinghouse.
4    "Collection" means any method of consolidating and
5temporarily storing old carpet.
6    "Collection site" means a site managed by a
7clearinghouse-approved collector to collect and temporarily
8store old carpet as provided by this Act.
9    "Collector" means any public or private entity approved by
10the clearinghouse that provides old carpet collection
12    "Comptroller" means the Comptroller of the State of
14    "Consumer" means any person who makes a purchase at
16    "Distributor" or "wholesaler" means a person who buys or
17otherwise acquires carpet from another source and sells or
18offers to sell that carpet to retailers in this State.
19    "Installer" means any person or entity contracted for the
20purpose of installing flooring where old carpet is removed.
21    "Nylon carpet" means carpet made with a uniform face fiber
22made with either nylon 6 or nylon 6,6.
23    "Old carpet" means carpet that is no longer used for its
24manufactured purpose.
25    "Person" means any individual, partnership, copartnership,
26firm, company, corporation, association, joint stock company,



SB1984- 6 -LRB103 06035 CPF 51065 b

1trust, estate, political subdivision, State agency, or any
2other legal entity, or their legal representative, agent, or
4    "PET carpet" means carpet made from polyethylene
6    "Polypropylene carpet" means carpet made from
8    "Processor" means a public or private entity approved by
9the clearinghouse to prepare old carpet for reutilization,
10recovery, or disposal that uses industry recognized processes,
11such as shredding, grinding, shearing, depolymerization, or
12other methods recognized by the clearinghouse, to convert old
13carpet into finished recovered output ready to be used as an
14input material for secondary products.
15    "Producer" means a person who manufactures carpet that is
16sold, offered for sale, or distributed in this State. Producer
17includes any person who imports carpet into the United States
18that is sold, offered for sale, or distributed in this State
19and that is manufactured by a person who does not manufacture
20the carpet in the United States. "Producer" does not include a
21retailer that trademarks or brands carpet that is sold,
22offered for sale, or distributed in this State that is
23manufactured by a person other than the retailer.
24    "Program year" means a calendar year. The first program
25year is 2025.
26    "PTT carpet" means carpet made from polytrimethylene



SB1984- 7 -LRB103 06035 CPF 51065 b

2    "Retailer" means any person engaged in the business of
3making sales at retail that generate occupation or use tax
4revenue. "Retailer" does not include a distributor, producer,
5or wholesaler, as those terms are defined in this Section.
6    "Roll-off dumpster" means a waste container that holds at
7least 40 cubic yards of waste.
8    "Sale" or "sell" means a transfer of title to carpet for
9consideration, including a remote sale conducted through a
10sales outlet, catalog, website, or similar electronic means.
11"Sale" or "sell" includes a lease through which carpet is
12provided to a consumer by a producer, distributor, or
14    "Semitrailer" means any vehicle without motive power,
15other than a pole trailer, designed for carrying persons or
16property and for being drawn by a motor vehicle and so
17constructed that some part of its weight and that of its load
18rests upon or is carried by another vehicle.
19    "Sorter" means a public or private entity approved by the
20clearinghouse that performs the sorting of old carpet for
21third-party carpet recovery or carpet reutilization.
22    "Sorting" means the method used for sorting old carpet
23into its various backing types or fiber types for carpet
24recovery or carpet reutilization.
25    "Wool carpet" means carpet made from wool.



SB1984- 8 -LRB103 06035 CPF 51065 b

1    Section 15. Formation, duties, and powers of the
3    (a) Within 60 days after the effective date of this Act,
4the Director of the Agency shall appoint the following members
5to the clearinghouse, which shall be incorporated as a
6nonprofit, to administer and implement the carpet stewardship
7program, and the Director of the Agency shall appoint members
8that reflect the racial and gender diversity of this State:
9        (1) one individual who is a representative of a
10    statewide association representing retailers;
11        (2) two individuals who are representatives of carpet
12    producers;
13        (3) one individual who is a representative of a
14    national association representing manufacturers of carpet;
15        (4) two individuals who are representatives of carpet
16    processors;
17        (5) two individuals who are representatives of a
18    statewide association representing waste disposal
19    companies;
20        (6) two individuals who are representatives of
21    environmental organizations;
22        (7) two individuals who are representatives of county
23    or municipal joint action agency waste management
24    programs;
25        (8) one individual who is a representative of a
26    company that utilizes old carpet to manufacture a new



SB1984- 9 -LRB103 06035 CPF 51065 b

1    product, not including new carpet; and
2        (9) one individual who is a representative of an
3    association representing installers of carpet.
4    (b) Members of the clearinghouse shall serve without
5compensation but shall be reimbursed for travel expenses and
6any other contingent expenses related to the formation of the
7clearinghouse as a legal and functioning entity as part of the
8budget for the clearinghouse program approved in the
9clearinghouse plan. Members shall serve on the clearinghouse
10until a successor is appointed and qualified.
11    (c) The clearinghouse's duties include, but are not
12limited to:
13        (1) selection of a Chairperson, Vice-Chairperson,
14    Secretary, and Treasurer, the creation of bylaws, and
15    organizing itself into committees to implement this Act;
16        (2) incorporating itself as a 501c(3) nonprofit
17    organization and establishing financial accounts for use
18    by the clearinghouse under this Act;
19        (3) preparing the clearinghouse plan, and any required
20    amendments, in compliance with this Act;
21        (4) implementing the clearinghouse plan;
22        (5) submitting to the Agency in the clearinghouse plan
23    a funding mechanism that will generate sufficient funds to
24    implement the clearinghouse plan and meet the performance
25    goals established in paragraph (12) of subsection (a) of
26    Section 25; in determining the level of funding necessary



SB1984- 10 -LRB103 06035 CPF 51065 b

1    the clearinghouse may take into account program costs in
2    other jurisdictions' approved carpet stewardship plans,
3    annual reports, audits, and other information;
4        (6) approving collectors, sorters, and processors to
5    provide services under this Act;
6        (7) creating and administering a grant program to
7    assist in covering the costs to collect, process, or
8    market old carpet for carpet reutilization or carpet
9    recovery;
10        (8) being responsible for meeting the performance
11    goals specified by this Act;
12        (9) submitting annual program reports as required by
13    this Act;
14        (10) overseeing an annual audit conducted by a
15    third-party entity of the carpet stewardship program's
16    revenues and expenditures, and reporting those findings to
17    the Comptroller; and
18        (11) holding meetings that are open to the public with
19    reasonable notice of the meeting made publicly available.
20    (d) The clearinghouse shall hire a director and necessary
21staff within 150 days after the effective date of this Act,
22which shall be funded as part of the budget for the
23clearinghouse program approved in the clearinghouse plan.
24    Section 20. Carpet stewardship program and sale



SB1984- 11 -LRB103 06035 CPF 51065 b

1    (a) For all carpet sold in this State, the clearinghouse
2shall implement, and producers shall finance, a statewide
3carpet stewardship program that: manages carpet by reducing
4its waste generation; promotes its carpet recovery and carpet
5reutilization; and provides for negotiation and execution of
6agreements to collect, transport, process, or market the old
7carpet for end-of-life carpet recovery or carpet
9    (b) On and after January 1, 2024, a producer or
10distributor may not offer for sale any carpet to any person in
11this State unless the producer has registered with the
12clearinghouse and has provided its share of funding, on an
13annual basis, necessary to implement the clearinghouse plan as
14approved by the Agency pursuant to Section 45 and is subject to
15penalties under Section 70.
16    Section 25. Clearinghouse plan.
17    (a) By July 1, 2024 and by July 1 every 3 years thereafter,
18the clearinghouse shall submit a 3-year plan to the Agency and
19receive approval of the plan. The clearinghouse plan shall
20include, at a minimum, each of the following:
21        (1) Certification that the carpet stewardship program
22    will accept for collection all old carpet, regardless of
23    type or which producer manufactured the product and its
24    individual components.
25        (2) Contact information for each individual



SB1984- 12 -LRB103 06035 CPF 51065 b

1    representing the clearinghouse, designation of a program
2    manager responsible for administering the program in this
3    State, a list of all producers participating in the carpet
4    stewardship program, and the brands covered by the product
5    stewardship program.
6        (3) A description of the methods by which old carpet
7    will be collected in this State, including an explanation
8    of how the collection system will achieve a convenience
9    standard of having collection sites in all counties with a
10    population density of greater than or equal to 100
11    individuals per square mile in this State by January 1,
12    2025 for program year 2025, and all counties with a
13    population density of greater than or equal to 50
14    individuals per square mile for program year 2026 and
15    thereafter.
16        (4) An evaluation, beginning with the second 3-year
17    plan submitted by July 1, 2027, of the feasibility and
18    cost of expanding the convenience standard to at least one
19    collection site in every county in the State.
20        (5) A description of how the adequacy of the
21    collection program will be monitored, evaluated, and
22    maintained.
23        (6) The names and locations of collectors, sorters,
24    and processors who have been approved by the clearinghouse
25    to manage old carpet.
26        (7) A description of how the old carpet and the



SB1984- 13 -LRB103 06035 CPF 51065 b

1    products' components will be safely and securely
2    transported, tracked, and handled from collection through
3    final carpet recovery and processing.
4        (8) A description of the methods to be used to
5    reutilize, deconstruct, or recover old carpet to ensure
6    that the products' components, to the extent feasible, are
7    transformed or remanufactured into finished products for
8    use.
9        (9) A description of the methods to be used to manage
10    or dispose of old carpet that cannot be carpet recovered
11    or carpet reutilized.
12        (10) A description of the promotion and outreach
13    activities and proposed budget that will be used to
14    encourage participation in the collection and carpet
15    recovery programs and how the activities' effectiveness
16    will be evaluated and the program modified, if necessary.
17        (11) Certification that any person who may be involved
18    in collection, handling, or disposal operations possesses
19    adequate insurance, as determined by the clearinghouse,
20    including, but not limited to, workers compensation and
21    liability coverage.
22        (12) A 3-year rolling performance goal, including an
23    estimate of the percentage of old carpet that will be
24    collected, carpet reutilized, and carpet recovered during
25    each of the next 3 years of the stewardship plan, with a
26    minimum goal of achieving a 25% carpet recovery rate by



SB1984- 14 -LRB103 06035 CPF 51065 b

1    December 31, 2027. The performance goals shall include a
2    specific goal for the amount of old carpet that will be
3    collected, carpet recovered, and carpet reutilized during
4    each year of the plan.
5        The clearinghouse shall achieve a carpet recovery rate
6    goal of 50% by December 31, 2030 for the 3-year plan period
7    beginning January 1, 2028. Thereafter, the clearinghouse
8    shall establish a carpet recovery rate goal for each
9    subsequent 3-year plan period by March 1 of the calendar
10    year preceding the first year of that 3-year plan period.
11        (13) A discussion of the status of end markets for old
12    carpet and what, if any, additional end markets are needed
13    to improve the functioning of the program.
14        (14) A discussion of carpet design and manufacturing
15    changes that the producers are considering or have
16    implemented in order to reduce toxicity, water use, or
17    energy use associated with the production of carpet and
18    efforts to increase the recoverable content,
19    recoverability, or carpet longevity.
20        (15) A funding mechanism that demonstrates sufficient
21    producer funding to carry out the plan, including the
22    administrative, operational, and capital costs of
23    implementing the plan, and payment of incentive payments
24    to carpet collectors, processors, and end use markets to
25    assist with the implementation of this Act.
26        (16) Annual budgets showing revenue and expenditure



SB1984- 15 -LRB103 06035 CPF 51065 b

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



SB1984- 16 -LRB103 06035 CPF 51065 b

1        (21) A description of the program that shall be
2    implemented to train carpet installers on how to properly
3    manage old carpet so that it can be carpet reutilized or
4    carpet recovered under this Act, including, but not
5    limited to, the development of videos and written
6    materials regarding the carpet recovery program.
7    (b) An update to the plan shall be submitted, at a minimum,
8every 3 years, or if the clearinghouse determines that a plan
9update is needed, prior to the minimum of once every 3 years.
10    (c) If the clearinghouse determines that any proposed
11significant changes or modifications to the plan or its
12implementation are needed, within 30 days of that
13determination the clearinghouse shall submit to the Agency a
14written plan update for review and approval in accordance with
15Section 30.
16    Section 30. Review and approval of the clearinghouse plan
17and plan updates.
18    (a) After receipt of a proposed plan or plan update, the
19Agency shall determine whether the plan or plan update
20complies with Section 25. If the Agency determines that the
21plan or plan update complies with Section 25, the Agency shall
22notify the clearinghouse of the plan or plan update approval
23in writing within 90 days of receipt of the plan or plan
24update. If the Agency determines that the plan or plan update
25does not comply with Section 25, the Agency shall notify the



SB1984- 17 -LRB103 06035 CPF 51065 b

1clearinghouse of the plan or plan update rejection in writing
2within 90 days of receipt of the plan or plan update and
3include the reasons why the plan or plan update does not comply
4with Section 25. The clearinghouse shall submit a revised plan
5to the Agency within 60 days after receiving a notice of
6rejection. Any proposed changes to a plan or plan update must
7be reviewed and approved by the Agency in accordance with this
8subsection (a).
9    (b) The clearinghouse plan and plan updates approved by
10the Agency shall be placed on the Agency's website and made
11available at the Agency's headquarters for public review in
12accordance with the Freedom of Information Act.
13    Section 32. Implementation of clearinghouse plan. The
14clearinghouse shall implement the clearinghouse plan
15components under subsection (a) of Section 25 upon approval of
16the clearinghouse plan or plan update by the Agency under
17Section 30. The clearinghouse shall monitor the implementation
18of the clearinghouse plan and shall have the authority to
19require specific action by its director and staff to meet the
20clearinghouse plan implementation requirements under this
22    Section 36. Collection of old carpet.
23    (a) No later than June 1, 2025, in any county with a
24population of greater than 200,000 people, any installer



SB1984- 18 -LRB103 06035 CPF 51065 b

1engaged in removing old carpet from a residence or business
2shall transport, or contract to transport, all old carpet to a
3clearinghouse-approved old carpet collection site as defined
4in Section 10.
5    (b) Approved carpet collection sites as defined in Section
610 shall ensure that old carpet is collected in the prescribed
7conditions required by the clearinghouse plan. The conditions
8must also include, but are not limited to, the following
10        (1) Old carpet must be kept in a location that allows
11    it to remain dry at all times.
12        (2) Containers holding collected old carpet must be
13    free of all noncarpet discarded waste items.
14        (3) Prior to shipment to a processor, containers
15    holding discarded carpet must be filled to the following
16    minimum standards:
17            (A) Roll-off dumpsters shall be filled to a
18        minimum of 8 tons.
19            (B) Semitrailers shall be filled to a minimum of
20        13 tons.
21        (4) Approved collection sites must permit an approved
22    processor's prescribed container to be housed on site for
23    loading by the collector for pickup at the collection
24    site.
25    (c) Any approved collection site that has collected old
26carpet as prescribed by the clearinghouse plan and whose full



SB1984- 19 -LRB103 06035 CPF 51065 b

1container volume is not removed by a registered processor upon
23-business day's electronic notice to the processor stating
3that collected old carpet is ready for removal may dispose of
4that container's contents in a landfill.
5    Section 37. Economic support for approved carpet
6collection sites. The clearinghouse program shall pay approved
7old carpet collection sites for costs, services, and
8infrastructure improvements as follows:
9        (1) Reimbursement for reasonable costs, as
10    pre-approved by the clearinghouse, to adapt sites for old
11    carpet collection as required by this Act, including, but
12    not limited to, one-time costs for constructing the needed
13    structure to make the collection of carpet safe and
14    convenient, and to ensure adequate room to maneuver old
15    carpet collection equipment in such a manner so as to not
16    disrupt the normal flow of activity at the collection
17    site.
18        (2) A recovery fee equivalent to $20 per ton for all
19    old carpet collected that is subject to this Act and
20    loaded into trailers at the collector's site in accordance
21    with subsection (b) of Section 36.
22        (3) Approved carpet collection sites located at waste
23    transfer or waste disposal facilities permitted by the
24    Agency may, at their discretion, charge the generator of
25    such discarded carpet customary and proprietary collection



SB1984- 20 -LRB103 06035 CPF 51065 b

1    and disposal fees.
2        (4) Approved carpet collection sites may not charge a
3    processor any fee for removal of carpet discarded from the
4    collection site location.
5        (5) Economic support for approved carpet collectors
6    under this Section shall be reviewed by the clearinghouse
7    every 3 years as clearinghouse plans are submitted to the
8    Agency.
9    Section 40. State action antitrust exemption. Each
10producer and the clearinghouse shall be immune from liability
11for any claim of violation of antitrust law or unfair trade
12practice if the conduct is a violation of antitrust law, to the
13extent the producer or clearinghouse is exercising authority
14under the provisions of this Act.
15    Section 45. Requirements applicable to producers.
16    (a) On and after January 1, 2024, producers of carpet
17shall provide funding to the clearinghouse sufficient to cover
18the administrative costs of establishing the clearinghouse in
19calendar year 2024 and annually thereafter to cover the costs
20of developing and implementing the clearinghouse plan. The
21funding mechanism:
22        (1) shall take into account the financial burden that
23    blended carpet, nylon carpet, PET carpet, polypropylene
24    carpet, and wool carpet have on the clearinghouse program



SB1984- 21 -LRB103 06035 CPF 51065 b

1    costs;
2        (2) shall be differentiated by the type of material,
3    recycling cost, recycling content, and other qualities
4    related to toxicity, resource use, and recyclability;
5        (3) shall ensure an equitable and efficient allocation
6    of financial responsibility among producers;
7        (4) shall be at a level sufficient to cover the annual
8    costs of the clearinghouse program, as reported to the
9    Agency in the clearinghouse plan, and based on program
10    metrics and outcomes; if the Agency determines the level
11    of funding from the producers is not sufficient to cover
12    the annual costs of the clearinghouse program, the Agency
13    may request additional funding from the clearinghouse; and
14        (5) shall not charge:
15            (A) a specific point-of-sale fee to consumers to
16        recoup the costs of the clearinghouse program; or
17            (B) an increase in the cost of carpet to recoup the
18        costs of the clearinghouse program.
19    (b) The amount that each producer pays to fund the
20clearinghouse program on an annual basis shall be considered
21proprietary information that is privileged or confidential and
22shall not be disclosed to the clearinghouse or the public.
23However, in order to determine if each producer is paying its
24proper share, an independent professional accounting firm
25shall be hired by the clearinghouse to review the payments and
26verify that the funding provided by each producer is in



SB1984- 22 -LRB103 06035 CPF 51065 b

1compliance with the funding mechanism agreed to by the
3    (c) Producers, working with the clearinghouse, shall
4provide consumers with educational materials regarding the
5clearinghouse program. The materials shall include information
6regarding available end-of-life management options for old
7carpet offered through the carpet stewardship program.
8    (d) Producers who sell carpet in this State shall register
9with the clearinghouse by October 1, 2024 and annually
10thereafter for as long as that producer sells carpet in this
11State. For the first year of registration, a producer shall
12pay a registration fee of $25,000 to the clearinghouse, the
13amount of which may be deducted from the producer's quarterly
14assessment due to the clearinghouse until such time that the
15producer's assessment due exceeds the total cost of the
16registration fee.
17    Section 50. Requirements applicable to retailers and
19    (a) On and after January 1, 2024, no carpet may be sold in
20this State unless the carpet's producer has registered with
21the clearinghouse under subsection (d) of Section 45.
22    (b) Any retailer or distributor may participate, on a
23voluntary basis, as a designated collection point under a
24product stewardship program and in accordance with applicable



SB1984- 23 -LRB103 06035 CPF 51065 b

1    (c) No retailer or distributor shall be found to be in
2violation of this Section if, on the date the carpet was
3ordered from the producer or its agent, the producer was
4registered on the clearinghouse's website in accordance with
5this Act.
6    (d) Retailers shall provide consumers with educational
7materials, developed by producers and the clearinghouse, that
8shall include, but are not limited to, information (i)
9regarding available end-of-life management options for old
10carpet, and (ii) notifying the consumer of the importance of
11carpet recovery.
12    Section 55. Posting of information.
13    (a) Beginning March 1, 2024, and annually thereafter, the
14clearinghouse shall post on its website the list of carpet
15producers that registered with the clearinghouse, in
16accordance with subsection (d) of Section 45.
17    (b) Beginning January 1, 2025, and annually thereafter,
18for the benefit of assisting consumers who wish to find
19collection sites for recovering carpet, the Agency shall post
20on its website the location of all collection sites identified
21to the Agency by the clearinghouse in its plans and annual
23    (c) Beginning May 1, 2026, and annually thereafter, the
24Agency shall post on its website copies of the annual reports.



SB1984- 24 -LRB103 06035 CPF 51065 b

1    Section 60. Annual stewardship reports.
2    (a) By April 1, 2026, and by April 1 of each year
3thereafter, the clearinghouse shall submit a report to the
4Agency that includes, for the previous program year, a
5description of the carpet stewardship program, including, but
6not limited to, the following:
7        (1) the amount of carpet sold by square feet and
8    pounds in this State during the reporting period by
9    polymer type or nonpolymer material;
10        (2) a description of the methods used to collect,
11    transport, and process old carpet in regions of this
12    State, and a listing of the persons used to collect,
13    transport, and process old carpet;
14        (3) identification of all old carpet collection sites
15    in this State and whether the requirement of paragraph (3)
16    of subsection (a) of Section 25 has been met;
17        (4) the weight of all old carpet collected and carpet
18    reutilized or carpet recovered in all regions of this
19    State, a comparison to the performance goals and carpet
20    recovery rates established in the clearinghouse plan, and,
21    if appropriate, an explanation stating the reason or
22    reasons performance goals were not met;
23        (5) the weight of old carpet collected in this State
24    but not carpet reutilized or carpet recovered and its
25    ultimate disposition, and a comparison to the performance
26    goals in the clearinghouse plan;



SB1984- 25 -LRB103 06035 CPF 51065 b

1        (6) the total cost of implementing the clearinghouse
2    plan and a copy of the independent audit regarding the
3    financial activities of the clearinghouse;
4        (7) a proposed budget for implementing the
5    clearinghouse plan in the subsequent calendar year;
6        (8) an evaluation of the producers' funding mechanism
7    and its ability to properly fund the implementation of the
8    clearinghouse plan, including whether the incentive
9    payments to collectors, processors, and end markets for
10    managing carpet are adequate to ensure that the old carpet
11    can be carpet reutilized or carpet recovered under the
12    program;
13        (9) identification of the facilities processing
14    carpet, the weight processed at each facility, and each
15    facility's processing capacity;
16        (10) an evaluation of the effectiveness of the
17    clearinghouse plan, and anticipated steps, if needed, to
18    improve performance;
19        (11) a discussion of progress made toward achieving
20    carpet design changes according to paragraph (14) of
21    subsection (a) of Section 25; and
22        (12) samples of educational materials provided to
23    consumers and carpet installers, and an evaluation of the
24    effectiveness of the materials and the methods used to
25    disseminate the materials. The evaluation shall include,
26    but shall not be limited to, information on the number of



SB1984- 26 -LRB103 06035 CPF 51065 b

1    consumers and carpet installers that received or viewed
2    the educational materials, and any consumer and carpet
3    installer survey data that may have been collected
4    regarding the educational materials used.
5    Section 65. Administrative fee.
6    (a) The clearinghouse shall remit to the Agency an annual
7fee of $250,000 to be used for administrative costs pursuant
8to this Act. This amount shall be included in the annual budget
9for the clearinghouse plan. The clearinghouse shall reimburse
10the Comptroller for costs related to reviewing the annual
11carpet stewardship program audits.
12    (b) The clearinghouse shall pay the Agency's
13administrative fee under subsection (a) on or before January
141, 2025, and annually thereafter. The clearinghouse shall
15reimburse the Comptroller for its costs within 60 days of
16receiving notice from the Comptroller.
17    (c) The Agency shall deposit the fees collected under this
18Section into the Solid Waste Management Fund.
19    Section 70. Enforcement.
20    (a) On and after January 1, 2024, no producer,
21distributor, or retailer shall sell or offer for sale carpet
22to any person in this State if the producer of the carpet is
23not registered with the clearinghouse or has not remitted
24adequate funding pursuant to Section 45.



SB1984- 27 -LRB103 06035 CPF 51065 b

1    (b) No retailer or distributor shall be found in violation
2of the provisions of subsection (a) if, on the date the carpet
3was ordered from the producer or its agent, the producer was
4listed on the clearinghouse's website in accordance with the
5provisions of subsection (a) of Section 55.
6    (c) The Attorney General or the State's Attorney of the
7county in which the violation occurred are authorized to seek
8a civil penalty in the amount of $5,000 per day for each
9violation against any producer who violates the registration
10requirements under subsection (d) of Section 45 or who fails
11to remit the funding under Section 45.
12    (d) The Attorney General or the State's Attorney of the
13county in which the violation occurred are authorized to seek
14a civil penalty in the amount of $5,000 per day for each
15violation against any producer, distributor, or retailer who
16sells or offers for sale carpet to any person in this State if
17the producer of the carpet is not registered with the
18clearinghouse under subsection (d) of Section 45 or has not
19remitted the required funding under Section 45.
20    (e) The penalties provided for in this Section may be
21recovered in a civil action. Any penalties collected under
22this Section in an action in which the Attorney General has
23prevailed shall be deposited in the Environmental Protection
24Trust Fund, to be used in accordance with the provisions of the
25Environmental Protection Trust Fund Act.
26    (f) The State's Attorney of the county in which the



SB1984- 28 -LRB103 06035 CPF 51065 b

1violation occurred, or the Attorney General, may, at the
2request of the Agency or on his or her own motion, institute a
3civil action for an injunction, prohibitory or mandatory, to
4restrain violations of this Act or to require such other
5actions as may be necessary to address violations of this Act.
6    (g) The State's Attorney of the county in which the
7violation occurred, or the Attorney General, may, at the
8request of the Agency or on his or her own motion, institute a
9civil action for an injunction, prohibitory or mandatory, to
10restrain violations of this Act, any rule or regulation
11adopted under this Act, any permit or to require such other
12actions as may be necessary to address violations of this Act
13or any rule or regulation adopted under this Act.
14    (h) Nothing in this Act prohibits a retailer or
15distributor from selling their inventory of carpet existing
16prior to January 1, 2024.
17    (i) Nothing in this Act mandates or otherwise requires and
18nothing in the clearinghouse plan shall mandate or otherwise
19require participation of the waste disposal industry in the
20carpet stewardship program created by this Act.
21    Section 75. State procurement of carpet. Beginning on
22January 1, 2026, at least 35% of carpet purchased by State
23agencies shall be carpet with a minimum of 10% post-consumer
24recovered content by weight from old carpet and comply with
25the National Science Foundation/American National Standards



SB1984- 29 -LRB103 06035 CPF 51065 b

1Institute (NSF/ANSI) 140-2009 Standard, Platinum Level or the
2most current version in effect as provided by the American
3National Standards Institute. The carpet shall be purchased
4from a carpet producer with a third-party certified closed
5loop recovering facility. Thereafter, those purchases shall
6increase by a rate of 10% per year until it reaches 75%. Prior
7to January 1, 2026, the clearinghouse shall provide a report
8to the Illinois Department of Central Management Services on
9the other types of products that contain reutilized carpet as
10a feedstock that the State should consider purchasing.
11    Section 97. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
13    Section 99. Effective date. This Act takes effect upon
14becoming law.