Full Text of SB1583 95th General Assembly
SB1583sam002 95TH GENERAL ASSEMBLY
|
Sen. Susan Garrett
Filed: 3/23/2007
|
|
09500SB1583sam002 |
|
LRB095 10779 CMK 34511 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1583
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1583 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| Electronic Scrap Recycling Act. | 6 |
| Section 5. Purpose. | 7 |
| (1) The General Assembly finds: | 8 |
| (a) that discarded electronic devices, known as | 9 |
| E-scrap, is the fastest growing portion of materials found | 10 |
| as discards in the waste stream with 2,600,000 tons of | 11 |
| E-scrap generated in 2005, but only 13% of that recycled, | 12 |
| according to the United States Environmental Protection | 13 |
| Agency; | 14 |
| (b) that hazardous materials such as lead, mercury, | 15 |
| cadmium, hexavalent chromium and other chemicals are found | 16 |
| in many electronic devices and, if improperly managed, may |
|
|
|
09500SB1583sam002 |
- 2 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| pose environmental risks at the products' end-of-life; | 2 |
| (c) that many electronic devices that become obsolete | 3 |
| for a given user can in fact be refurbished and redeployed | 4 |
| for reuse to a secondary user that can utilize the devices | 5 |
| to enhance educational and technological capabilities of | 6 |
| Illinois residents; | 7 |
| (d) that valuable commodities including steel, glass, | 8 |
| plastics, and precious metals can be successfully | 9 |
| recovered and recycled, thus conserving natural resources | 10 |
| and energy, as well as reducing air and water pollution, | 11 |
| and greenhouse gas emissions; | 12 |
| (e) that the State has adopted a hierarchy to manage | 13 |
| wastes which places reuse and recycling as the preferred | 14 |
| management strategy over incineration and landfill | 15 |
| disposal options; | 16 |
| (f) that the Illinois Recycling Economic Information | 17 |
| Study of 2001 estimates that the total economic impact of | 18 |
| establishing statewide recycling and reuse programs for | 19 |
| E-scrap may result in the creation of nearly 4,000 new jobs | 20 |
| and $740 million in annual receipts; | 21 |
| (g) that the State-appointed Computer Equipment | 22 |
| Disposal and Recycling Commission issued a final report in | 23 |
| May 2006 recommending legislative, regulatory, or other | 24 |
| actions to properly address E-scrap management. | 25 |
| (2) It is the purpose of this Act to establish the Illinois | 26 |
| Materials Management and Financing Commission, a |
|
|
|
09500SB1583sam002 |
- 3 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| not-for-profit public benefit corporation, to develop and | 2 |
| manage an environmentally sound statewide system for the | 3 |
| collection and recycling of electronic devices in accordance | 4 |
| with State policy.
| 5 |
| Section 10. Definitions. When used in this Act, unless the | 6 |
| context clearly indicates otherwise, the following terms have | 7 |
| the meanings ascribed to them in this Section: | 8 |
| "Agency" means the Illinois Environmental Protection | 9 |
| Agency. | 10 |
| "Basel Convention" means the Basel Convention on the | 11 |
| Control of Transboundary Movements of Hazardous Wastes and | 12 |
| Their Disposal and is a global agreement ratified by over 100 | 13 |
| member countries addressing the problems and challenges posed | 14 |
| by hazardous waste. It aims to minimize the generation of | 15 |
| hazardous wastes in terms of quantity and hazardousness, to | 16 |
| dispose of them as close to the source of generation as | 17 |
| possible, and to reduce the movement of hazardous wastes. | 18 |
| "Broker" is a person who engages in the buying, selling, | 19 |
| and trading of CEDs. | 20 |
| "Cathode ray tube" or "CRT" means a vacuum tube or picture | 21 |
| tube used to convert an electronic signal into a visual image | 22 |
| (e.g. a computer monitor). | 23 |
| "Cellular telephone" means a hand-held mobile | 24 |
| radiotelephone, normally equipped with a viewing screen less | 25 |
| than 4 inches when measured diagonally, for use in an area |
|
|
|
09500SB1583sam002 |
- 4 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| divided into small sections, each with its own short-range | 2 |
| transmitter/receiver. | 3 |
| "Commission" means the Illinois Materials Management and | 4 |
| Financing Commission, as defined in Section 25 of this Act. | 5 |
| "Computer" means an electronic, magnetic, optical, | 6 |
| electrochemical, or other highspeed data processing device | 7 |
| performing logical, arithmetic, or storage functions, and may | 8 |
| include both a computer central processing unit and a monitor, | 9 |
| but does not include an automated typewriter, electronic | 10 |
| printer, portable hand-held calculator, portable digital | 11 |
| assistant (PDA), or other similar device. | 12 |
| "Computer peripheral" means a device that is external to | 13 |
| but connected with and controlled by a computer central | 14 |
| processing unit, such as a zip drive, scanner, cable, mouse, | 15 |
| keyboard or similar device. | 16 |
| "Covered electronic device or CED" means any computer, | 17 |
| portable computer, electronic printer, computer peripheral, | 18 |
| video display device, video display device peripheral, or | 19 |
| facsimile machine that has been used and discarded in this | 20 |
| State regardless of purchase location. | 21 |
| "Demanufacturing" means the process of separating CEDs | 22 |
| into metallic and non-metallic parts that can be recycled or | 23 |
| reused.
| 24 |
| "Design for environment" means: (1) an environmental | 25 |
| manufacturing process that reduces the level of toxic materials | 26 |
| utilized in the manufacturing and production of a product and |
|
|
|
09500SB1583sam002 |
- 5 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| (2) designing products that are easier to disassemble and | 2 |
| recycle. | 3 |
| "Dismantling" means the manual demanufacturing of CEDs to | 4 |
| reuse or recycle components and commodities contained therein. | 5 |
| "Downstream recycler" means a person that receives CEDs | 6 |
| from a recycler or broker for additional processing or | 7 |
| disposition.
| 8 |
| "Electronic device" means an instrument that accomplishes | 9 |
| its purpose by controlling the flow of electrons through | 10 |
| inputs, processing, and outputs. | 11 |
| "E-scrap" is an informal name for electronic products at | 12 |
| the end of their useful life. The term is generally applied to | 13 |
| consumer and business electronic equipment and includes, but is | 14 |
| not limited to, computers and their associated peripheral | 15 |
| equipment, as well as televisions, video cassette recorders, | 16 |
| digital video disc players, stereos, copiers, facsimile | 17 |
| machines, and cellular phones. | 18 |
| "Manufacturer" means any person in business or no longer in | 19 |
| business but having a successor in interest, who, irrespective | 20 |
| of the selling technique used, including by means of distance | 21 |
| or remote sale: | 22 |
| (1) manufactures or has manufactured CEDs under its own | 23 |
| brand for sale in this State; | 24 |
| (2) manufactures or has manufactured CEDs for sale in | 25 |
| this State without affixing a brand; | 26 |
| (3) resells or has resold in this State CEDs produced |
|
|
|
09500SB1583sam002 |
- 6 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| by other suppliers under its own brand or label; or | 2 |
| (4) manufactures or has manufactured a cobranded | 3 |
| product for sale in or import into this State that carries | 4 |
| the name of both the manufacturer and a retailer; | 5 |
| (5) imports or has imported a covered electronic | 6 |
| product in to the United States that is sold in or imported | 7 |
| into this State. However, if the imported covered | 8 |
| electronic device is manufactured by any person with a | 9 |
| presence in the United States meeting the criteria of | 10 |
| manufacturer under items (1) through (4) of this | 11 |
| subsection, that person is the manufacturer. For purposes | 12 |
| of this subsection, "presence" means any person that | 13 |
| performs activities conducted under the standards | 14 |
| established for interstate commerce under the commerce | 15 |
| clause of the United States Constitution; or | 16 |
| (6) sells at retail a covered electronic product | 17 |
| acquired from an importer that is the manufacturer as | 18 |
| described in item (5) of this subsection, and elects to | 19 |
| register in lieu of the importer as the manufacturer of | 20 |
| those products. | 21 |
| "Monitor" means a separate visual display component of a | 22 |
| computer, either sold separately or together with a computer | 23 |
| central processing unit box. A monitor is
made up of: (i) a | 24 |
| cathode ray tube; liquid crystal display; gas plasma; digital | 25 |
| light processing; or other image projection technology greater | 26 |
| than 4 inches when measured diagonally; (ii) a case; (iii) |
|
|
|
09500SB1583sam002 |
- 7 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| interior wires and circuitry; (iv) a cable to the central | 2 |
| processing unit; and (v) a power cord. | 3 |
| "New Entrant" means (1) a manufacturer of video display | 4 |
| devices, video display device peripherals, or facsimile | 5 |
| machines, that have been sold in the State for less than 10 | 6 |
| years or (2) a manufacturer of computers, portable computers, | 7 |
| electronic printers, and computer peripherals that have been | 8 |
| sold in the State for less than 5 years. However, a | 9 |
| manufacturer of both video display devices and computers, or a | 10 |
| manufacturer of both video display devices and computer | 11 |
| monitors that is deemed a new entrant under either (1) or (2) | 12 |
| of this definition, but not both, is not considered a new | 13 |
| entrant. | 14 |
| "Orphan CEDs" means those CEDs that are returned for | 15 |
| recycling or reuse for which the manufacturer cannot be | 16 |
| identified or is no longer conducting business and has no | 17 |
| successor in interest. | 18 |
| "Person" means any individual, partnership, cooperative | 19 |
| enterprise, unit of local government, institution, corporation | 20 |
| or agency, or any other legal entity whatsoever which is | 21 |
| recognized by law as the subject of rights and duties. | 22 |
| "Portable computer" means a computer and video display | 23 |
| greater than 4 inches in size when measured diagonally that can | 24 |
| be carried as one unit by an individual (e.g. a laptop | 25 |
| computer). | 26 |
| "Processing" means the mechanical demanufacturing of CEDs |
|
|
|
09500SB1583sam002 |
- 8 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| to recover various commodities contained therein. | 2 |
| "Recycler" means a person that engages in recycling of | 3 |
| CEDs.
| 4 |
| "Recycling" means any process by which CEDs that would | 5 |
| otherwise be disposed of or discarded are collected, separated, | 6 |
| demanufactured, or processed and are returned to the economic | 7 |
| mainstream in the form of raw materials or products. | 8 |
| "Recycling facility" means all contiguous land, | 9 |
| structures, other appurtenances, and improvements used for | 10 |
| demanufacturing, dismantling, or processing of CEDs for | 11 |
| recycling or reuse. A recycling facility does not include a | 12 |
| location to refurbish CEDs. | 13 |
| "Refurbish" means a process by which non-functioning or | 14 |
| damaged electronic devices or products are returned to a | 15 |
| functioning state.
| 16 |
| "Retailer" means a person who owns or operates a business | 17 |
| that sells new CEDs in this State by any means to an end user.
| 18 |
| "Reuse" means the recovery or reapplication of a CED in a | 19 |
| manner that retains its original form or identity and does not | 20 |
| involve processes that significantly alter its original | 21 |
| condition or its intended purpose. | 22 |
| "Video display device" means an output surface having a | 23 |
| viewable area greater than 4 inches when measured diagonally | 24 |
| that displays moving graphical images or a visual | 25 |
| representation of image sequences or pictures, showing a number | 26 |
| of quickly changing images on a screen in fast succession to |
|
|
|
09500SB1583sam002 |
- 9 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| create the illusion of motion, including, if applicable, a | 2 |
| device that is an integral part of the display that produces | 3 |
| the moving image on the screen. Displays typically use a CRT, | 4 |
| liquid crystal display, gas plasma, digital light processing, | 5 |
| or other image projection technology. | 6 |
| "Video display device peripherals" means a device that is | 7 |
| external to, but connected to, a video display device for the | 8 |
| purpose of viewing media such as video game consoles, video | 9 |
| cassette recorders/players, digital video disk players, or | 10 |
| similar devices. | 11 |
| Section 15. Scope. All households in this State and all | 12 |
| units of State government are covered by this Act. In addition, | 13 |
| any charity, school district, small business, or unit of | 14 |
| government located in this State that generates less than 1,000 | 15 |
| kilograms of E-scrap in a calendar month is covered by this | 16 |
| Act. | 17 |
| Section 20. Scope of covered electronic devices (CEDs). | 18 |
| This Act does not cover any of the following: | 19 |
| (1) A CED that is a part of a motor vehicle or any | 20 |
| component part of a motor vehicle assembled by, or for, a | 21 |
| vehicle manufacturer or franchised dealer, including | 22 |
| replacement parts for use in a motor vehicle. | 23 |
| (2) A CED that is functionally or physically a part of | 24 |
| a larger piece of
equipment designed and intended for use |
|
|
|
09500SB1583sam002 |
- 10 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| in an industrial, commercial, agricultural, or
medical | 2 |
| setting, including diagnostic, monitoring, or control | 3 |
| equipment. | 4 |
| (3) A CED that is contained within a clothes washer, | 5 |
| clothes dryer,
refrigerator, refrigerator and freezer, | 6 |
| microwave oven, conventional oven or range,
dishwasher, | 7 |
| room air conditioner, dehumidifier, water pump, sump pump, | 8 |
| or air
purifier. | 9 |
| (4) Small consumer electronic devices including | 10 |
| wristwatches, timers and clocks; cellular telephones; | 11 |
| sonar and fish locators; radar detectors; thermometers; | 12 |
| hand-held calculators; levels, tape measures, stud | 13 |
| finders, and other electronic building supplies; garage | 14 |
| door openers; games; range finders; personal digital | 15 |
| assistants; electronic encoding audio data storage and | 16 |
| retrieval devices; and other similar devices. | 17 |
| The Commission shall, on an annual basis, review the | 18 |
| electronics marketplace and shall determine which, if any, | 19 |
| additional products shall be added to or deleted from the list | 20 |
| of CEDs defined in this Section. All proposed changes to the | 21 |
| list of CEDs must be approved in writing by the Agency. | 22 |
| Section 25. Recycling system management. | 23 |
| (a) The Illinois Materials Management and Financing | 24 |
| Commission is established as a public body corporate and | 25 |
| politic, constituting an instrumentality of the State |
|
|
|
09500SB1583sam002 |
- 11 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| exercising essential governmental functions. The Commission | 2 |
| shall be solely responsible for managing a cost-efficient and | 3 |
| environmentally sound State collection, transportation, and | 4 |
| recycling system for CEDs. The Commission will be funded via | 5 |
| the fees described in Section 30 of this Act.
The Commission | 6 |
| will be organized as follows: | 7 |
| (1) The Commission is governed by a 9-member board of | 8 |
| directors, which shall be appointed by January 1, 2008. The | 9 |
| members of the board of directors shall be appointed by the | 10 |
| Governor, with the advice and consent of the Senate. The | 11 |
| Governor shall designate one of his or her appointees as | 12 |
| the chair, who shall represent a recognized 501(c)(3) | 13 |
| environmental advocacy organization headquartered in | 14 |
| Illinois. Four members shall be appointed by the Governor | 15 |
| as follows: 2 from the electronics manufacturing industry, | 16 |
| one from Illinois' recycling industry, and one from | 17 |
| Illinois' retailers. Four additional members shall be | 18 |
| appointed by the Governor. | 19 |
| (2) The Department of Commerce and Economic | 20 |
| Opportunity will issue a report to the Commission board of | 21 |
| directors no later than January 31, 2008, recommending an | 22 |
| initial registration fee calculated to cover the | 23 |
| Commission's cost of operation in fiscal year 2009, to | 24 |
| begin July 1, 2008. The Commission board of directors shall | 25 |
| inform manufacturers of the fee no later than April 1, | 26 |
| 2008, and it shall be due and payable to the Illinois |
|
|
|
09500SB1583sam002 |
- 12 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| Department of Revenue by July 1, 2008. | 2 |
| (3) By July 1, 2008, the Illinois Department of Revenue | 3 |
| shall create a dedicated fund into which all fees remitted | 4 |
| under this Act are deposited. The Commission's cost of | 5 |
| operations will be appropriated annually by the General | 6 |
| Assembly from this fund. | 7 |
| (4) By September 1, 2007, the Agency must determine the | 8 |
| amount that shall be deposited with the State by new | 9 |
| entrants seeking to sell CEDs in the State. This deposit | 10 |
| shall be based on the probable cost of future recycling of | 11 |
| new entrants' CEDs, based on the best available market | 12 |
| share and cost-per-pound recycling data from the United | 13 |
| States, including data from other states. This deposit is | 14 |
| in addition to the registration fee described in item (3) | 15 |
| of this subsection, and shall be refunded with interest to | 16 |
| the new entrant when the new entrant's years of doing | 17 |
| business in the State exceed the thresholds defined in | 18 |
| Section 10. | 19 |
| (5) The board shall select from its membership such | 20 |
| other officers besides the chair as it deems appropriate. | 21 |
| (6) A majority of the board constitutes a quorum. | 22 |
| (7) The directors of the Department of Commerce and | 23 |
| Economic Opportunity and the Illinois Environmental | 24 |
| Protection Agency shall serve as non-voting ex officio | 25 |
| members. The State agency directors serving in ex officio | 26 |
| capacity may each designate an employee of their respective |
|
|
|
09500SB1583sam002 |
- 13 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| departments to act on their behalf in all respects with | 2 |
| regard to any matter to come before the Commission. Ex | 3 |
| officio designations must be made in writing and | 4 |
| communicated to the chair of the Commission. | 5 |
| (8) By December 31, 2008, the Commission shall submit | 6 |
| to the General Assembly a business plan that: | 7 |
| (A) includes an organizational structure; | 8 |
| (B) outlines the Commission's projected | 9 |
| operational revenues and expenses for the 5 fiscal | 10 |
| years beginning July 1, 2009; and | 11 |
| (C) proposes changes, if any, to the registration | 12 |
| fee for all manufacturers calculated to cover the | 13 |
| Commission's cost of operation in the fiscal year | 14 |
| beginning July 1, 2009. | 15 |
| (D) Determine the amount that shall be deposited | 16 |
| with the State by new entrants seeking to sell CEDs in | 17 |
| the State. This deposit shall be based on the probable | 18 |
| cost of future recycling of new entrants' CEDs, based | 19 |
| on the best available market share and cost-per-pound | 20 |
| recycling data from the United States, including data | 21 |
| from other states. This deposit is in addition to the | 22 |
| registration fee described in item (3) of this | 23 |
| subsection, and shall be refunded with interest to the | 24 |
| new entrant when the new entrant's years of doing | 25 |
| business in the State exceeds the thresholds defined in | 26 |
| Section 10. |
|
|
|
09500SB1583sam002 |
- 14 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| (9) Any member of the board may be removed for | 2 |
| misfeasance, malfeasance, or willful neglect of duty after | 3 |
| notice and a public hearing, unless the notice and hearing | 4 |
| are expressly waived in writing by the affected member. | 5 |
| (10) The Commission shall have the authority to | 6 |
| administer this Act, including the power to assess | 7 |
| penalties for non-compliance and to develop rules | 8 |
| implementing this Act. | 9 |
| The members of the board shall serve without compensation | 10 |
| but are entitled to reimbursement, solely from the funds | 11 |
| appropriated to the Commission, for expenses incurred in the | 12 |
| discharge of their duties under this Act.
| 13 |
| (b) Specific responsibilities of the Commission shall be | 14 |
| to: | 15 |
| (1) Organize, administer, and ensure that electronics | 16 |
| collection opportunities are available throughout the | 17 |
| State and in such a manner as to be convenient, to the | 18 |
| maximum extent feasible, to all covered persons in the | 19 |
| State. | 20 |
| (2) Encourage the use of existing collection and | 21 |
| consolidation infrastructures for handling CEDs to the | 22 |
| extent that this infrastructure is accessible on a regular | 23 |
| and ongoing basis to Illinoisans, is cost effective, and | 24 |
| meets the environmentally sound management requirements | 25 |
| described in this Act. The Commission shall, through | 26 |
| contractual agreement, compensate for the collection and |
|
|
|
09500SB1583sam002 |
- 15 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| recycling of CEDs, by recyclers and brokers meeting the | 2 |
| requirements of Section 60, whether by government, | 3 |
| for-profit corporations, non-profit corporations, | 4 |
| retailers, manufacturers, or any other party, for the | 5 |
| reasonable costs associated with these activities. These | 6 |
| activities shall be audited annually. In order to | 7 |
| strengthen the market for Illinois recycling companies, | 8 |
| the Commission shall not pay for costs associated with the | 9 |
| use of prison labor. | 10 |
| (3) Maintain a list of all manufacturers that have | 11 |
| registered with the State and post the list on an Internet | 12 |
| website. Two years after the effective date of this Act, no | 13 |
| manufacturer may sell a CED in Illinois unless the | 14 |
| manufacturer has registered with the State and is in | 15 |
| compliance with the provisions of this Act. Further, | 16 |
| beginning July 1, 2008, no manufacturer or retailer may | 17 |
| sell any CED in Illinois unless the manufacturer has | 18 |
| registered and the CED is labeled with the manufacturer's | 19 |
| brand, and that label is permanently affixed and is readily | 20 |
| visible. | 21 |
| (4) By January 1, 2009, set the cost per pound for | 22 |
| collection, transportation, and recycling of CEDs in order | 23 |
| to reasonably approximate market costs for these services, | 24 |
| which cost per pound is used to calculate the fee required | 25 |
| by Section 30 of this Act. Beginning July 1, 2010, and | 26 |
| annually thereafter, the Commission may adjust such cost |
|
|
|
09500SB1583sam002 |
- 16 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| per pound in order to reasonably approximate market costs | 2 |
| for the collection, transportation, and recycling of CEDs. | 3 |
| Prior to setting or adjusting the cost per pound, the | 4 |
| Commission shall notify the public, including all | 5 |
| manufacturers registered under subsection (a) of Section | 6 |
| 30 of this Act, of the proposed cost per pound and provide | 7 |
| a public comment period. By the May 1 prior to the program | 8 |
| year for which the revised cost per pound is to be used, | 9 |
| the Commission shall notify all registered manufacturers | 10 |
| of any adjustments to the cost per pound, as well as any | 11 |
| adjustments to the registration fee. | 12 |
| (5) Determine the return share for each program year | 13 |
| for each manufacturer by dividing the weight of CEDs | 14 |
| identified for each manufacturer by the total weight of | 15 |
| CEDs identified for all manufacturers. For the first | 16 |
| program year, beginning July 1, 2009, the return share of | 17 |
| CEDs identified for each manufacturer shall be based on the | 18 |
| best available CED public return share data from the United | 19 |
| States, including data from other states. For the second | 20 |
| and each subsequent program year, the return share of CEDs | 21 |
| identified for each manufacturer shall be based on the most | 22 |
| recent samplings of CEDs conducted in this State as | 23 |
| described in item (8) of this subsection, and sampling | 24 |
| conducted by manufacturers choosing the self-recycling | 25 |
| option as described in Section 45 of this Act. | 26 |
| (6) Determine the return share in weight for each |
|
|
|
09500SB1583sam002 |
- 17 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| program year for each manufacturer for whom a return share | 2 |
| is determined under item (5) of this subsection by | 3 |
| multiplying the return share for each such manufacturer by | 4 |
| the total weight in pounds of CEDs, including orphan | 5 |
| devices, collected from covered entities the previous | 6 |
| program year. For the first program year, the total weight | 7 |
| in pounds of CEDs shall be based on the best available | 8 |
| public weight data from the United States, including data | 9 |
| from other states. For the second and each subsequent | 10 |
| program year, the total weight in pounds of CEDs shall be | 11 |
| based on the total weight of CEDs, including legacy and | 12 |
| orphan devices, as described in item (8) of this | 13 |
| subsection, and sampling conducted by manufacturers | 14 |
| choosing the self-recycling option as described in Section | 15 |
| 45 of this Act. | 16 |
| (7) By January 1, 2009, the Commission shall provide | 17 |
| each manufacturer for whom a return share is determined | 18 |
| pursuant to item (5) of this subsection with its return | 19 |
| share and its return share in weight for the year beginning | 20 |
| July 1, 2009. Beginning on April 1, 2010 and by April 1 of | 21 |
| each year thereafter, the Commission shall provide each | 22 |
| manufacturer for whom a return share is determined pursuant | 23 |
| to item (5) of this subsection with its return share and | 24 |
| its return share in weight for the second and subsequent | 25 |
| program years. | 26 |
| (8) By March 15, 2010, and by March 15 of each year |
|
|
|
09500SB1583sam002 |
- 18 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| thereafter: | 2 |
| (A) Complete an auditable, statistically | 3 |
| significant sampling of CEDs collected by the | 4 |
| Commission during the previous 12 months. The sampling | 5 |
| to be completed by March 15, 2010, shall be calculated | 6 |
| for the period beginning July 1, 2009. The sampling | 7 |
| information collected shall consist of a list of brands | 8 |
| of CEDs and the weight of CEDs that are identified for | 9 |
| each brand. The Commission's sampling shall be | 10 |
| conducted in accordance with a procedure established | 11 |
| by the Commission and may be conducted by a third-party | 12 |
| organization, including a recycler. The Commission | 13 |
| may, at its discretion, be present at the sampling and | 14 |
| may audit the methodology and the results of the | 15 |
| third-party organization. The costs associated with | 16 |
| the sampling shall be considered one of the | 17 |
| Commission's costs of doing business; and | 18 |
| (B) Determine the total weight of CEDs, including | 19 |
| orphan devices, collected by the Commission during the | 20 |
| previous 12 months. The total weight determination to | 21 |
| be completed by March 15, 2010, shall be calculated for | 22 |
| the period beginning July 1, 2009. | 23 |
| (9) Receive fees from manufacturers or their agents for | 24 |
| the sole purpose of fulfilling its responsibilities under | 25 |
| this Act. | 26 |
| (10) Organize and coordinate public outreach in |
|
|
|
09500SB1583sam002 |
- 19 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| association with the primary education responsibility | 2 |
| charged to retailers, and any secondary education plan | 3 |
| established by manufacturers, recyclers, and the State. | 4 |
| (11) Beginning in 2010, convene on an annual or | 5 |
| biannual basis an Electronic Product Life-cycle and | 6 |
| Recycling E-Scrap Assembly, composed of manufacturers and | 7 |
| retailers of CEDs, participants in outreach, collection, | 8 |
| processing and disposal activities of the Commission, | 9 |
| including persons who have signed up for regular | 10 |
| communication, and members of the General Assembly and | 11 |
| local public bodies to review and prepare recommendations | 12 |
| on electronic product life-cycle goals and outcomes of the | 13 |
| Commission. The Assembly shall conduct separate reviews of | 14 |
| and make recommendations on the outreach and collection | 15 |
| processes, and the recycling and life-cycle management | 16 |
| processes, and shall be addressed by a nationally or | 17 |
| internationally recognized leader in electronic product or | 18 |
| environmental life-cycle management, with comments on such | 19 |
| State of Electronic Product Life-cycles in Illinois by the | 20 |
| public officials and others who are directors of the | 21 |
| Commission. | 22 |
| (12) Prepare a business plan every 3 years that | 23 |
| establishes collection and recycling goals for each | 24 |
| manufacturer based on current return share data and the | 25 |
| best available estimates of projected collection and | 26 |
| recycling activity. |
|
|
|
09500SB1583sam002 |
- 20 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| (13) Identify any necessary State actions to expand the | 2 |
| collection opportunities to achieve the goals outlined in | 3 |
| item (12) of this subsection. | 4 |
| (14) Report to the Governor and the General Assembly at | 5 |
| least annually on the implementation of the system during | 6 |
| the previous program year. The report will also be posted | 7 |
| on the Commission's website. The report must include: | 8 |
| (A) A list of all parties participating in the | 9 |
| system whom the Commission has designated as approved | 10 |
| to receive payments, the amount of payments it has made | 11 |
| to those parties, and the purpose of those payments. | 12 |
| (B) The total number and weight of CEDs collected | 13 |
| in the State the previous year as reported to the | 14 |
| Commission. | 15 |
| (C) Progress toward achieving the overall annual | 16 |
| total recovery and recycling goals described in the | 17 |
| business plan. | 18 |
| (D) The total amount of fees collected. | 19 |
| (E) A summary of funds expended by category: | 20 |
| (i) Education | 21 |
| (ii) Administration | 22 |
| (iii) Collection | 23 |
| (iv) Transportation | 24 |
| (v) Recycling | 25 |
| (vi) Disposal | 26 |
| (vii) Other |
|
|
|
09500SB1583sam002 |
- 21 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| (F) Any surplus funds carried forward. | 2 |
| (G) A complete listing of all collection sites and | 3 |
| the amount of material collected at each site. | 4 |
| (H) An evaluation of the effectiveness of the | 5 |
| education and outreach program. | 6 |
| (15) Be fully audited by the Auditor General of the | 7 |
| State at the end of each
program year, with that audit | 8 |
| report submitted to the General Assembly. | 9 |
| (16) Maintain a website and toll-free number complete | 10 |
| with up-to-date listings of where
consumers can bring CEDs | 11 |
| for recycling. | 12 |
| Section 30. Basic fee mechanism. | 13 |
| (a) Prior to July 1, 2008, all manufacturers shall register | 14 |
| with the Commission and pay to the Commission the initial | 15 |
| registration fee described in item (2) of subsection (a) of | 16 |
| Section 25 of this Act. Thereafter, if a manufacturer has not | 17 |
| previously filed a registration, the manufacturer shall file a | 18 |
| registration with the Commission prior to any offer for sale | 19 |
| for delivery in the State of the manufacturer's new CEDs. Any | 20 |
| manufacturer to whom the Commission provides notification of a | 21 |
| return share and return share in weight pursuant to item (7) of | 22 |
| subsection (b) of Section 25 of this Act and who has not | 23 |
| previously filed a registration shall file a registration with | 24 |
| the Commission within 30 days of receiving such notification. | 25 |
| (b) Each manufacturer who is registered shall submit an |
|
|
|
09500SB1583sam002 |
- 22 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| annual renewal of the manufacturer's registration to the | 2 |
| Commission and pay to the department the registration fee | 3 |
| described in item (2) of subsection (a) of Section 25 of this | 4 |
| Act by July 1 of each program year. | 5 |
| (c) The registration and each renewal shall include a list | 6 |
| of all of the manufacturer's brands of CEDs and shall be | 7 |
| effective on the second day of the succeeding month after | 8 |
| receipt by the Commission of the registration or renewal. | 9 |
| (d) By July 1, 2009, a new entrant as of July 1, 2009 | 10 |
| selling its CEDs in the State shall register with the | 11 |
| Commission, pay to the Commission the initial registration fee | 12 |
| described in item (2) of subsection (a) of Section 25 of this | 13 |
| Act, and deposit with the State the deposit described in item | 14 |
| (8)(D) of subsection (a) of Section 25 of this Act. Beginning | 15 |
| July 1, 2009, new manufacturers of CEDs, or manufacturers of | 16 |
| CEDs who have not previously sold their CEDs in the State, must | 17 |
| also comply with the requirements of this subsection (d). | 18 |
| (e) By September 1, 2010, each manufacturer to whom the | 19 |
| Commission provides, by January 1, 2009, a return share in | 20 |
| weight that is greater than zero shall: | 21 |
| (1) Submit an additional fee to the Commission based on | 22 |
| its return share in weight of CEDs for the program year | 23 |
| beginning July 1, 2009. The fee shall be calculated by | 24 |
| multiplying the manufacturer's return share in weight by | 25 |
| the cost per pound for collection, transportation, and | 26 |
| recycling of CEDs determined by the Commission pursuant to |
|
|
|
09500SB1583sam002 |
- 23 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| item (4) of subsection (b) of Section 20 of this Act; | 2 |
| (2) Pursuant to Section 50 of this Act, file an annual | 3 |
| report with the Commission, including all elements of the | 4 |
| report as described in subsection (b) of Section 50, | 5 |
| demonstrating its collection and recycling of its return | 6 |
| share in weight; or | 7 |
| (3) Each manufacturer to whom the Commission provides, | 8 |
| by April 1, 2010, or by April 1 of any year thereafter, a | 9 |
| return share in weight that is greater than zero shall, by | 10 |
| July 1 of that year, comply with subparagraph (1) or (2) of | 11 |
| this subsection (d). | 12 |
| Section 35. Restrictions on hazardous substances. | 13 |
| (a) On and after January 1, 2009, no person shall sell or | 14 |
| offer for sale in this State, a CED if the device is prohibited | 15 |
| from being sold or offered for sale in the European Union on or | 16 |
| after its date of manufacture due to the concentration of one | 17 |
| or more heavy metals in the device exceeding its maximum | 18 |
| concentration value, as specified in the Commission of European | 19 |
| Communities' Decision of August 18, 2005, amending Directive | 20 |
| 2002/95/EC (European Union document 2005/618/EC), or as | 21 |
| specified in a subsequent amendment to the Directive. | 22 |
| (1) This subsection (a) applies only to a CED that is | 23 |
| manufactured on or after January 1, 2009. | 24 |
| (2) This subsection (a) does not apply to a CED that is | 25 |
| sold or offered for sale in this State only for purposes of |
|
|
|
09500SB1583sam002 |
- 24 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| resale or offering for resale to persons outside of this | 2 |
| State. | 3 |
| (3) This subsection (a) does not apply to a CED that | 4 |
| would be prohibited from sale or being offered for sale in | 5 |
| this State based solely on metals used to meet consumer, | 6 |
| health, or safety requirements of Underwriters | 7 |
| Laboratories, the federal government, or the State. | 8 |
| (b) In determining the concentrations of metals for | 9 |
| compliance with subsection (a) of this Section, the Agency | 10 |
| shall not consider any cadmium, chromium, lead, mercury, or any | 11 |
| component containing any of those metals, which has been | 12 |
| exempted by Directive 2002/95/EC, or by an amendment to the | 13 |
| Directive. | 14 |
| (c) In adopting regulations under this Section, the Agency | 15 |
| shall not require the manufacture or sale of an electronic | 16 |
| device that is different than, or otherwise not prohibited by, | 17 |
| the European Union under Directive 2002/95/EC, adopted by the | 18 |
| European Parliament and the Council of the European Union on | 19 |
| January 27, 2003. | 20 |
| (d) The Agency may not adopt any regulations under this | 21 |
| Section that impose any requirements or conditions that are in | 22 |
| addition to, or more stringent than, the requirements and | 23 |
| conditions expressly authorized by this Section. In complying | 24 |
| with this subsection (d), the Agency shall use, in addition to | 25 |
| any other information deemed relevant by the Agency, the | 26 |
| published decisions of the Technical Adaptation Committee and |
|
|
|
09500SB1583sam002 |
- 25 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| European Union member states that interpret the requirements of | 2 |
| Directive 2002/95/EC. | 3 |
| Section 40. Fee reduction for manufacturers designing for | 4 |
| environment. Manufacturers may apply for a reduced fee based on | 5 |
| improvements to their CEDs that make the products easier to | 6 |
| recycle, less hazardous, or both. Within one year after the | 7 |
| effective date of this Act, the Commission, working with the | 8 |
| Agency, shall develop a minimum level of environmental design | 9 |
| for all CEDs being sold in the State. This minimum level of | 10 |
| design shall be based on scores from the Electronic Products | 11 |
| Environmental Assessment Tool, whose minimum criteria meets | 12 |
| the standards set forth in Section 35 of this Act. Thereafter, | 13 |
| on an annual basis, manufacturers may apply for a reduction in | 14 |
| the per-unit fee for a CED that will take effect the following | 15 |
| year. Manufacturers choosing the self-recycling option may | 16 |
| apply for a permanent reduction in the annual registration fee | 17 |
| that will take effect the following year. The application shall | 18 |
| be based on a design and production change that will go beyond | 19 |
| the minimum level of environmental design and significantly | 20 |
| improve the product's recyclability or reduce the health risk | 21 |
| posed by the materials in the unit, as judged exclusively by | 22 |
| the Commission, in consultation with the Agency. The fee | 23 |
| reduction shall be revoked if the Commission or the Agency | 24 |
| determines that the design or production modification leading | 25 |
| to the reduction has been reversed or materially altered to the |
|
|
|
09500SB1583sam002 |
- 26 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| detriment of recyclability or hazardousness in a future year. A | 2 |
| fee reduction guide shall be
developed by the Commission, in | 3 |
| consultation with the Agency, within one year after the | 4 |
| effective date of this Act. | 5 |
| Section 45. Self-recycling. | 6 |
| (a) Manufacturers may choose not to participate in the | 7 |
| State recycling system operated by the Commission and instead | 8 |
| operate their own program for the collection and recycling of | 9 |
| CEDs. To be eligible for the self-recycling option, a | 10 |
| manufacturer must not be a new entrant. | 11 |
| A manufacturer choosing to establish its own collection and | 12 |
| recycling program is required to submit an application to the | 13 |
| Commission every 3 years demonstrating its strategy to collect | 14 |
| and recycle a total weight of its return share in weight. | 15 |
| Manufacturers qualifying for the self-recycling option shall | 16 |
| not have a fee assessed on CEDs or be compelled to participate | 17 |
| in the Commission's program. A manufacturer applying for | 18 |
| self-recycling status may apply alone or as a group in | 19 |
| collaboration with other manufacturers. | 20 |
| A manufacturer's application shall include all of the | 21 |
| following elements: | 22 |
| (1) Description of the systems for the collection, | 23 |
| transporting, and processing of CEDs. | 24 |
| (2) Service providers for the collection, | 25 |
| transportation, and processing of CEDs. |
|
|
|
09500SB1583sam002 |
- 27 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| (3) Names of recycling companies meeting the | 2 |
| requirements of Section 60 of this Act that are | 3 |
| headquartered in Illinois to which the manufacturer will | 4 |
| send its CEDs for processing (Illinois-based recycling | 5 |
| companies are preferred provided that the manufacturer | 6 |
| does not operate its own recycling plants elsewhere in the | 7 |
| United States). | 8 |
| (4) Description of accessibility of recycling service | 9 |
| to all citizens of the State. | 10 |
| (5) Descriptions of accounting and reporting systems | 11 |
| that will be employed to track progress
toward meeting its | 12 |
| return share in weight. | 13 |
| (6) Timeline, including startup and implementation, | 14 |
| with associated progress milestones with
anticipated | 15 |
| results. | 16 |
| (7) A public information campaign, complementary to, | 17 |
| and designed in conjunction with, the primary | 18 |
| retailer-driven campaign described in Section 65 of this | 19 |
| Act, to promote the recycling of electronic products and | 20 |
| proper end-of-life management of the products by the final | 21 |
| users. | 22 |
| The Commission shall count the collection of a single CED | 23 |
| as 2 CEDs by weight when that item is donated free of charge by | 24 |
| a manufacturer approved by the Commission to operate a | 25 |
| self-recycling program for reuse to the Illinois State Board of | 26 |
| Education, or to any not-for-profit corporation recognized |
|
|
|
09500SB1583sam002 |
- 28 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| under Section 501(c)(3) of the Internal Revenue Code, whose | 2 |
| principal mission is to assist low-income children or families | 3 |
| living in Illinois. To qualify for the donation reuse credit | 4 |
| under this Section, manufacturers must ensure the delivery of | 5 |
| electronic equipment that: (a) is no older than 6 years old; | 6 |
| (b) is in full working condition with all component parts and | 7 |
| all necessary accessories; and (c) has been approved for | 8 |
| donation by the recipient in a writing specifying the | 9 |
| disposition of the donation. | 10 |
| (b) By August 1, 2010, and by August 1 of each subsequent | 11 |
| program year, a manufacturer qualifying for the self-recycling | 12 |
| option shall file an annual report with the Commission | 13 |
| including the following: | 14 |
| (1) Total weight of CEDs collected and recycled the | 15 |
| previous program year; | 16 |
| (2) The results of an auditable, statistically | 17 |
| significant sampling of CEDs collected by the manufacturer | 18 |
| or group of manufacturers during the previous program year. | 19 |
| The sampling information reported shall consist of a list | 20 |
| of brands of CEDs and the weight of CEDs that are | 21 |
| identified for each brand; | 22 |
| (3) The total weight of CEDs, including orphan devices, | 23 |
| collected by the manufacturer or group of manufacturers | 24 |
| during the previous program year and documentation | 25 |
| verifying collection and recycling of such devices; | 26 |
| (4) Total weight of eligible equipment donated for |
|
|
|
09500SB1583sam002 |
- 29 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| reuse to eligible organizations; and | 2 |
| (5) An evaluation of the existing infrastructure to | 3 |
| fulfill the manufacturer's collection and recycling | 4 |
| responsibilities. | 5 |
| Section 50. Retailer responsibilities. Retailers shall be | 6 |
| the primary source of information about end-of-life options to | 7 |
| electronics consumers. As such, retailers shall be charged | 8 |
| with: | 9 |
| (1) posting any educational materials provided by the | 10 |
| Commission in publicly accessible areas of their stores; | 11 |
| (2) posting any educational materials provided by the | 12 |
| Commission on the primary Web page
describing products for | 13 |
| sale either in stores or via the Internet; and | 14 |
| (3) training all direct sales employees, whether at | 15 |
| stores or available by telephone or Internet, to answer
| 16 |
| consumer questions about end-of-life options. | 17 |
| If a manufacturer engages in any retail sales of its own | 18 |
| products, whether through the Internet, catalogs, or other | 19 |
| means, the manufacturer is responsible for fulfilling the | 20 |
| retailer responsibilities as defined in this Section. | 21 |
| The Commission shall on a periodic basis perform | 22 |
| unannounced audits on retailer locations, Websites, or both to | 23 |
| ensure that all information provided by the Commission has been | 24 |
| posted according to the requirements of this Section. |
|
|
|
09500SB1583sam002 |
- 30 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| Section 60. Program operational standards.
All recyclers | 2 |
| and brokers participating in the Commission's plan, or any | 3 |
| manufacturer qualifying for self-recycling as described in | 4 |
| Section 45 of this Act, must ensure that collection, | 5 |
| refurbishment, and recycling efforts are conducted in a manner | 6 |
| that is in compliance with all applicable federal, State, and | 7 |
| local laws, regulations, and ordinances, and must ensure that | 8 |
| CEDs are not exported for disposal in a manner that poses a | 9 |
| risk to the public health or the
environment. Specifically, | 10 |
| recyclers and brokers shall: | 11 |
| (1) Be certified by either the International | 12 |
| Association of Electronics Recyclers or the Institute of | 13 |
| Scrap Recycling Industries. | 14 |
| (2) Guarantee that all data stored on CEDs designated | 15 |
| for reuse under Section 45 of this Act, or for export under | 16 |
| this Section, have been wiped following protocols defined | 17 |
| in DOD 5220.22-M. Furthermore, guarantee that any data on | 18 |
| CEDs intended for recycling will either be rendered | 19 |
| unrecoverable by the recycling process or have been wiped | 20 |
| following protocols defined in DOD 5220.22-M prior to the | 21 |
| recycling process. The Commission shall review these | 22 |
| protocols on an annual basis and adjust them if necessary. | 23 |
| (3) Consistent with the guidelines of the U.S. | 24 |
| Environmental Protection Agency Plug-in Partner campaign, | 25 |
| ensure compliance with any applicable requirements of the | 26 |
| United States, as well as applicable requirements of |
|
|
|
09500SB1583sam002 |
- 31 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| importing and transit countries. Recyclers must be aware of | 2 |
| the Basel Convention, to which the United States has signed | 3 |
| but has not ratified. Nonetheless, recyclers, downstream | 4 |
| recyclers, and brokers must be knowledgeable of the Basel | 5 |
| Convention requirements that could affect them, as | 6 |
| implemented by the laws of importing and transit countries. | 7 |
| In addition, the importing and transit countries may have | 8 |
| other laws and regulations that could affect United States | 9 |
| exporters and their transactions. Until such time as the | 10 |
| United States becomes a party to the Basel Convention, no | 11 |
| country that is a party to the Basel Convention but not a | 12 |
| member of the Organization for Economic Cooperation and | 13 |
| Development may legally accept hazardous waste (and thus | 14 |
| CEDs because of the Basel Convention's definition of | 15 |
| hazardous waste) exported from the United States absent a | 16 |
| bilateral agreement between the governments under Article | 17 |
| 11 of the Basel Convention. | 18 |
| (4) Prohibit CEDs to be sent to prisons for recycling | 19 |
| either directly or through intermediaries. | 20 |
| (5) Possess and maintain a documented Environmental | 21 |
| Health and Safety Management System and ensure that current | 22 |
| operations comply with the current Institute for Scrap | 23 |
| Recycling Industries, Inc. electronics recycling operating | 24 |
| practices policy manual. The Commission shall review this | 25 |
| manual on an annual basis for adequacy, and shall perform | 26 |
| announced or unannounced audits at its discretion. |
|
|
|
09500SB1583sam002 |
- 32 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| (6) Commit to ensuring that the entire recycling chain, | 2 |
| including downstream recyclers, brokers, and recovery | 3 |
| operations such as smelters, are meeting all applicable | 4 |
| environmental and health regulations. In addition, every | 5 |
| effort shall be made to make use of only those facilities | 6 |
| (e.g. smelters) that provide the most efficient and least | 7 |
| polluting recovery services available globally. | 8 |
| (7) Agree to provide visible tracking of CEDs | 9 |
| throughout the product recycling chain. The tracking | 10 |
| information should show the final disposition of all | 11 |
| hazardous waste materials. If there is a concern about | 12 |
| trade secrets, an independent auditor acceptable to | 13 |
| parties concerned may be used to verify compliance. | 14 |
| Section 65. State government procurement. On and after | 15 |
| January 1, 2009, all units of State government shall fulfill at | 16 |
| least 95% of the unit of government's need for CEDs by | 17 |
| purchasing only those CEDs registered with the U.S. EPA's | 18 |
| Electronic Product Environmental Assessment Tool (EPEAT), | 19 |
| unless there is no registered EPEAT product matching the need.
| 20 |
| Section 70. Relation to federal law.
This Act is intended | 21 |
| to govern all aspects of the collection and recycling of CEDs | 22 |
| as those terms are defined in this Act. Upon the implementation | 23 |
| of a national program acceptable to the General Assembly to | 24 |
| collect, recycle, or both, CEDs, the provisions of this Act |
|
|
|
09500SB1583sam002 |
- 33 - |
LRB095 10779 CMK 34511 a |
|
| 1 |
| shall sunset within the time frame determined by federal law.
| 2 |
| Section 900. The Environmental Protection Act is amended by | 3 |
| adding Section 22.54 as follows: | 4 |
| (415 ILCS 5/22.54 new)
| 5 |
| Sec. 22.54. E-scrap. Three years after the effective date | 6 |
| of the Electronic Scrap Recycling Act, it is illegal for any | 7 |
| person to dispose of any CED into a landfill, or by | 8 |
| incineration, in this State. That 3-year period may be modified | 9 |
| by the Director of the Agency.
| 10 |
| Section 999. Effective date. This Act takes effect upon | 11 |
| becoming law. Sections 1, 20, and 999 apply and are operative | 12 |
| beginning on the effective date. All other Sections apply and | 13 |
| are operative beginning January 1, 2008.".
|
|