Illinois General Assembly - Full Text of SB0102
Illinois General Assembly

Previous General Assemblies

Full Text of SB0102  97th General Assembly




State of Illinois
2011 and 2012


Introduced 1/27/2011, by Sen. Terry Link


New Act
30 ILCS 105/5.786 new

    Creates the Plastic Bag and Film Recycling Act. Requires manufacturers of plastic carryout bags to register with the Illinois Environmental Protection Agency and pay to the Agency an initial registration fee and annual registration renewal fee. Prohibits a manufacturer from selling or offering to sell a plastic bag in the State unless its name is printed on the bag. Requires the manufacturers to develop an Agency-approved plan for the recycling of plastic carryout bags and plastic film product wrap. Prohibits, under certain circumstances, a retailer from purchasing plastic carryout bags for use or distribution in the State. Requires the Agency to post certain information on its website. Requires specified percentages of post-consumer recycled content in plastic carryout bags manufactured for use in the State. Specifies civil penalties for violations of the Act. Amends the State Finance Act to create the Plastic Bag Recycling Fund as a special fund in the State treasury. Provides that moneys in the Fund are to be used by the Agency to implement the Act and to carryout certain educational missions. Effective immediately.

LRB097 05357 JDS 45412 b






SB0102LRB097 05357 JDS 45412 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
5Plastic Bag and Film Recycling Act.
6    Section 5. Findings and purpose.
7    (a) The General Assembly finds all of the following:
8        (1) Senate Bill 303 of the 95th General Assembly, as
9    amended, became law in August of 2007 (effective January 1,
10    2008) and was referred to as the Plastic Bag Recycling Act
11    (P.A. 095-0268).
12        (2) The Plastic Bag Recycling Act required a Task Force
13    to be assembled to administer a pilot collection program
14    for plastic bags and plastic film within the confines of
15    Lake County, Illinois that would engage retail businesses
16    that operated stores of 10,000 square feet or greater to
17    voluntarily participate in the pilot program, and, in May
18    of 2010, the Task Force submitted a report of the pilot
19    program findings to the Governor and the leadership of the
20    General Assembly.
21        (3) The Task Force findings referred to data contained
22    in the Illinois Commodity Waste Generation and
23    Characterization Study commissioned in 2008 by the



SB0102- 2 -LRB097 05357 JDS 45412 b

1    Illinois Department of Commerce and Economic Opportunity
2    which indicate that nearly 500,000 tons of plastic film
3    material is generated each year in Illinois that has a
4    potential market value of $100 million; however, 98.5% of
5    this plastic film is landfilled. The Study also found that
6    plastic grocery bags represent only about 15% of all
7    plastic film disposed of in Illinois landfills, which led
8    the Task Force to focus attention on not only the recovery
9    of plastic grocery bags, but also the recovery of plastic
10    film product wrap that is used to package numerous consumer
11    products.
12        (4) The Task Force concluded that the disposal of
13    plastic bags and film represents a tremendous waste of a
14    non-renewable resources that can be recycled, but that lack
15    an adequate collection infrastructure, and that
16    participating retailers responded favorably overall to the
17    pilot program and intended to continue collecting plastic
18    bags from their customers with the majority of them
19    indicating that their overall costs to operate the
20    collection program were minimal and were built into daily
21    operational procedures.
22        (5) Markets for plastic bags and film do exist, and, if
23    this material can be successfully diverted from final
24    disposal, it has the potential to conserve a non-renewable
25    resource by reusing it as a feedstock for new plastic bags
26    and plastic lumber, as well as for other beneficial uses.



SB0102- 3 -LRB097 05357 JDS 45412 b

1    In addition to conserving resources the recycling of
2    plastic bags and film reduces air, land, and water
3    pollution.
4        (6) The 2010 Recycling Economic Information Study
5    Update for Illinois estimates that the plastics industry
6    employs approximately 3,114 people in Illinois, generating
7    an annual payroll of $98,887,000, and, based on this data,
8    it is estimated that a statewide plastic bag and film
9    recycling program would generate over 300 jobs with an
10    estimated payroll of $9,500,000.
11        (7) The plastic bag industry has taken great strides in
12    promoting increased recycling of plastic bags in the State,
13    and this Act recognizes that continued and increased
14    responsibility of industry to support increased plastic
15    bag recycling is in the State's and the public's interests.
16    (b) The purpose of this Act is to set forth the procedures
17by which the collection and recycling of plastic bags and film
18will be accomplished in Illinois.
19    Section 10. Definitions. As used in this Act:
20    "Agency" means the Illinois Environmental Protection
22    "Consumer" means any person who makes a purchase at retail
23for any purpose other than resale.
24    "Manufacturer" means a manufacturer of plastic carryout



SB0102- 4 -LRB097 05357 JDS 45412 b

1    "Percent post-consumer recycled content" means the
2percentage of recycled plastic carryout bags, plastic film
3product wrap, or both, that is present in a new plastic
4carryout bag following an original use of the bag or wrap by a
6    "Plastic carryout bag" means any polyethylene bag that is
7provided to a consumer by a retailer at checkout.
8    "Plastic film product wrap" means polyethylene wraps used
9to cover consumer goods, such as paper towels, bathroom tissue,
10cases of sodas, diapers, and other dry goods.
11    "Recycling" means any process by which plastic carryout
12bags, plastic film product wrap, or both, are collected and
13processed and returned to the economic mainstream in the form
14of raw materials or products. Recycling does not include energy
15recovery or energy generation by means of combusting plastic
16carryout bags and plastic film product wrap, and it does not
17include any use within the permitted boundaries of a municipal
18solid waste landfill unit.
19    "Retailer" means a person engaged in the business of making
20sales at retail that generates occupation or use tax revenue.
21    Section 15. Registration and fee required. Beginning
22January 1, 2012, each manufacturer of plastic carryout bags,
23before selling or offering for sale those bags in Illinois,
24shall register with the Agency and, at the time of
25registration, shall pay an initial registration fee of $1,000



SB0102- 5 -LRB097 05357 JDS 45412 b

1to the Agency. A manufacturer that has registered shall pay an
2annual renewal registration fee of $500 to the Agency. The
3annual renewal registration shall be paid each year no later
4than the first day of the month in which the initial
5registration fee was paid. The proceeds of these fees shall be
6credited to the Plastic Bag Recycling Fund.
7    Section 20. Manufacturer label required. Beginning January
81, 2012, a manufacturer shall not sell or offer to sell plastic
9carryout bags in Illinois unless the name of the manufacturer
10is printed on the bag so that the manufacturer's identity is
11readily identifiable.
12    Section 25. Plastic carryout bag and plastic film product
13wrap recycling plan.
14    (a) Each manufacturer of plastic carryout bags, either
15individually or jointly, shall develop and submit to the Agency
16a plan for supporting recycling of carryout plastic bags and
17plastic film product wrap in the State produced by the
18manufacturer or manufacturers. The manufacturer or
19manufacturers shall submit a proposed plan to the Agency by May
201, 2012. The plan shall:
21        (1) describe the recycling program to be implemented
22    throughout the State, including collection locations,
23    events, or both;
24        (2) include a detailed description as to how the plan



SB0102- 6 -LRB097 05357 JDS 45412 b

1    will be implemented;
2        (3) describe the performance measures that will be used
3    to document collection efforts for plastic carryout bags
4    and plastic film wrap; and
5        (4) include a public education plan on the reuse and
6    recycling of plastic carryout bags and plastic film wrap.
7    (b) The Agency shall approve a plan that satisfies the
8requirements of subsection (a). The Agency must approve or
9decline to approve a plan within 90 days after its submittal.
10If the Agency fails to act within 90 days, the plan shall be
11deemed approved, and the manufacturer may continue to sell or
12offer for sale its bags in Illinois. If the Agency declines to
13approve a plan, the manufacturer may resubmit a revised plan
14for consideration.
15    (c) A manufacturer may prepare a revised plan and submit it
16to the Agency at any time as the manufacturer considers
17appropriate in response to changed circumstances or needs. The
18Agency may require a manufacturer to revise or update a plan if
19the Agency finds that the plan is inadequate or out-of-date.
20    (d) Each manufacturer is responsible for all costs
21associated with the development and implementation of its plan.
22    (e) Each manufacturer shall submit a report to the Agency
23by April 1 of each year that includes, for the previous
24calendar year, a description of the collection and recycling
25program used to recover the manufacturer's carryout plastic
26bags, including the collection locations for plastic bags, the



SB0102- 7 -LRB097 05357 JDS 45412 b

1amount of plastic carryout bags and plastic film product wrap
2collected for recycling, and samples of the education materials
3provided to consumers.
4    (f) A manufacturer shall conduct and document due diligence
5assessments of any third parties, agents, partners, or
6contractors with whom the manufacturer contracts or arranges
7for a recycling collection location, collection or
8transportation of plastic bags and plastic film product wraps,
9recycling of plastic bags and plastic film product wraps, or
11    (g) A manufacturer may fulfill the requirements of this
12Section either individually or in participation with other
14    Section 30. Requirements applicable to retailers.
15    (a) A retailer that purchases carryout plastic bags shall,
16before the initial offer for purchase is made, review the
17Agency's website to determine that the manufacturer is
18registered with the Agency in accordance with Section 15.
19    (b) Beginning October 1, 2012, a retailer shall not
20purchase plastic carryout bags for use or distribution in
21Illinois unless the bag manufacturer is listed as having an
22approved plan on the Agency's website under Section 35.
23    (c) Beginning January 1, 2012, a retailer shall not
24purchase plastic carryout bags for use or distribution in
25Illinois unless the name of the manufacturer is printed on the



SB0102- 8 -LRB097 05357 JDS 45412 b

1bag so that the manufacturer's identity is readily
3    (d) Beginning January 1, 2015, a retailer shall not
4purchase plastic carryout bags unless the bag is labeled in
5accordance with Section 45.
6    Section 35. Responsibilities of the Agency.
7    (a) Beginning October 1, 2012, for the benefit of assisting
8consumers who wish to find collection locations for recycling
9plastic bags, the Agency shall post on its website the location
10of all collection sites known to the Agency or otherwise
11identified to the Agency by manufacturers.
12    (b) Beginning January 1, 2012, the Agency shall post on its
13website the list of manufacturers that are registered under
14Section 15.
15    (c) Beginning October 1, 2012, the Agency shall post on its
16website the list of manufacturers for which the Agency has
17approved a plan pursuant to Section 25.
18    Section 40. Plastic Bag Recycling Fund. The Plastic Bag
19Recycling Fund is created as a special fund in the State
20treasury. Moneys in the fund shall be used by the Agency for
21implementation of this Act and for educational programs to
22promote the reuse and recycling of plastic bags.
23    Section 45. Percent recycled content requirements.



SB0102- 9 -LRB097 05357 JDS 45412 b

1    (a) Beginning January 1, 2014, manufacturers selling
2plastic carryout bags for use in the State by retailers shall
3be required to prominently label each bag to identify the
4percent post-consumer recycled content in the bag.
5    (b) Beginning January 1, 2015, manufacturers shall be
6required to manufacture the bag to include at least 30% total
7recycled content, of which at least 15% is pre-consumer
8recycled content and at least 15% is post-consumer recycled
10    (c) Beginning January 1, 2015, each manufacturer shall
11include a statement in the annual report submitted pursuant to
12subsection (e) of Section 25 that it has met the recycled
13content and labeling requirements of this Section. Each
14manufacturer shall meet the recycled content requirements of
15subsection (b) of Section 45 unless the manufacturer can
16demonstrate in its annual report that there was not a
17sufficient quantity of pre-consumer or post-consumer plastic
18bags and film available to meet the requirements. The Agency
19may require additional information or documentation, from a
20manufacturer that informs the Agency that it was unable to meet
21the recycled content requirement, to determine compliance with
22this Section.
23    Section 50. Penalties. Any manufacturer or retailer who
24violates any provision of this Act or fails to perform any duty
25under this Act shall be liable for a civil penalty not to



SB0102- 10 -LRB097 05357 JDS 45412 b

1exceed $1,000 and an additional civil penalty not to exceed
2$100 per day for each day the violation continues. Any
3penalties collected by the Attorney General pursuant to this
4Act shall be deposited into the Plastic Bag Recycling Fund.
5    Section 55. Report to the General Assembly. No later than
6August 1, 2016, the Director of the Agency shall submit a
7report to the General Assembly describing the results of the
8plastic carryout bag and plastic film wrap collection and
9recycling program on a statewide basis. The report shall also
10contain recommendations regarding whether the program shall be
11made permanent and any modifications to improve its function
12and efficiency.
13    Section 60. The State Finance Act is amended by adding
14Section 5.786 as follows:
15    (30 ILCS 105/5.786 new)
16    Sec. 5.786. The Plastic Bag Recycling Fund.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.