SB0102 97TH GENERAL ASSEMBLY

LRB097 05357 JDS 45412 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0102

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

SYNOPSIS AS INTRODUCED:

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Plastic Bag and Film Recycling Act.

Section 5. Findings and purpose.

(a) The General Assembly finds all of the following:

(1) Senate Bill 303 of the 95th General Assembly, as amended, became law in August of 2007 (effective January 1, 2008) and was referred to as the Plastic Bag Recycling Act (P.A. 095-0268).

(2) The Plastic Bag Recycling Act required a Task Force to be assembled to administer a pilot collection program for plastic bags and plastic film within the confines of Lake County, Illinois that would engage retail businesses that operated stores of 10,000 square feet or greater to voluntarily participate in the pilot program, and, in May of 2010, the Task Force submitted a report of the pilot program findings to the Governor and the leadership of the General Assembly.

(3) The Task Force findings referred to data contained in the Illinois Commodity Waste Generation and Characterization Study commissioned in 2008 by the Illinois Department of Commerce and Economic Opportunity which indicate that nearly 500,000 tons of plastic film material is generated each year in Illinois that has a potential market value of $100 million; however, 98.5% of this plastic film is landfilled. The Study also found that plastic grocery bags represent only about 15% of all plastic film disposed of in Illinois landfills, which led the Task Force to focus attention on not only the recovery of plastic grocery bags, but also the recovery of plastic film product wrap that is used to package numerous consumer products.

(4) The Task Force concluded that the disposal of plastic bags and film represents a tremendous waste of a non-renewable resources that can be recycled, but that lack an adequate collection infrastructure, and that participating retailers responded favorably overall to the pilot program and intended to continue collecting plastic bags from their customers with the majority of them indicating that their overall costs to operate the collection program were minimal and were built into daily operational procedures.

(5) Markets for plastic bags and film do exist, and, if this material can be successfully diverted from final disposal, it has the potential to conserve a non-renewable resource by reusing it as a feedstock for new plastic bags and plastic lumber, as well as for other beneficial uses. In addition to conserving resources the recycling of plastic bags and film reduces air, land, and water pollution.

(6) The 2010 Recycling Economic Information Study Update for Illinois estimates that the plastics industry employs approximately 3,114 people in Illinois, generating an annual payroll of $98,887,000, and, based on this data, it is estimated that a statewide plastic bag and film recycling program would generate over 300 jobs with an estimated payroll of $9,500,000.

(7) The plastic bag industry has taken great strides in promoting increased recycling of plastic bags in the State, and this Act recognizes that continued and increased responsibility of industry to support increased plastic bag recycling is in the State's and the public's interests.

(b) The purpose of this Act is to set forth the procedures by which the collection and recycling of plastic bags and film will be accomplished in Illinois.

Section 10. Definitions. As used in this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Consumer" means any person who makes a purchase at retail for any purpose other than resale.

"Manufacturer" means a manufacturer of plastic carryout bags.

"Percent post-consumer recycled content" means the percentage of recycled plastic carryout bags, plastic film product wrap, or both, that is present in a new plastic carryout bag following an original use of the bag or wrap by a consumer.

"Plastic carryout bag" means any polyethylene bag that is provided to a consumer by a retailer at checkout.

"Plastic film product wrap" means polyethylene wraps used to cover consumer goods, such as paper towels, bathroom tissue, cases of sodas, diapers, and other dry goods.

"Recycling" means any process by which plastic carryout bags, plastic film product wrap, or both, are collected and processed and returned to the economic mainstream in the form of raw materials or products. Recycling does not include energy recovery or energy generation by means of combusting plastic carryout bags and plastic film product wrap, and it does not include any use within the permitted boundaries of a municipal solid waste landfill unit.

"Retailer" means a person engaged in the business of making sales at retail that generates occupation or use tax revenue.

Section 15. Registration and fee required. Beginning January 1, 2012, each manufacturer of plastic carryout bags, before selling or offering for sale those bags in Illinois, shall register with the Agency and, at the time of registration, shall pay an initial registration fee of $1,000 to the Agency. A manufacturer that has registered shall pay an annual renewal registration fee of $500 to the Agency. The annual renewal registration shall be paid each year no later than the first day of the month in which the initial registration fee was paid. The proceeds of these fees shall be credited to the Plastic Bag Recycling Fund.

Section 20. Manufacturer label required. Beginning January 1, 2012, a manufacturer shall not sell or offer to sell plastic carryout bags in Illinois unless the name of the manufacturer is printed on the bag so that the manufacturer's identity is readily identifiable.

Section 25. Plastic carryout bag and plastic film product wrap recycling plan.

(a) Each manufacturer of plastic carryout bags, either individually or jointly, shall develop and submit to the Agency a plan for supporting recycling of carryout plastic bags and plastic film product wrap in the State produced by the manufacturer or manufacturers. The manufacturer or manufacturers shall submit a proposed plan to the Agency by May 1, 2012. The plan shall:

(1) describe the recycling program to be implemented throughout the State, including collection locations, events, or both;

(2) include a detailed description as to how the plan will be implemented;

(3) describe the performance measures that will be used to document collection efforts for plastic carryout bags and plastic film wrap; and

(4) include a public education plan on the reuse and recycling of plastic carryout bags and plastic film wrap.

(b) The Agency shall approve a plan that satisfies the requirements of subsection (a). The Agency must approve or decline to approve a plan within 90 days after its submittal. If the Agency fails to act within 90 days, the plan shall be deemed approved, and the manufacturer may continue to sell or offer for sale its bags in Illinois. If the Agency declines to approve a plan, the manufacturer may resubmit a revised plan for consideration.

(c) A manufacturer may prepare a revised plan and submit it to the Agency at any time as the manufacturer considers appropriate in response to changed circumstances or needs. The Agency may require a manufacturer to revise or update a plan if the Agency finds that the plan is inadequate or out-of-date.

(d) Each manufacturer is responsible for all costs associated with the development and implementation of its plan.

(e) Each manufacturer shall submit a report to the Agency by April 1 of each year that includes, for the previous calendar year, a description of the collection and recycling program used to recover the manufacturer's carryout plastic bags, including the collection locations for plastic bags, the amount of plastic carryout bags and plastic film product wrap collected for recycling, and samples of the education materials provided to consumers.

(f) A manufacturer shall conduct and document due diligence assessments of any third parties, agents, partners, or contractors with whom the manufacturer contracts or arranges for a recycling collection location, collection or transportation of plastic bags and plastic film product wraps, recycling of plastic bags and plastic film product wraps, or both.

(g) A manufacturer may fulfill the requirements of this Section either individually or in participation with other manufacturers.

Section 30. Requirements applicable to retailers.

(a) A retailer that purchases carryout plastic bags shall, before the initial offer for purchase is made, review the Agency's website to determine that the manufacturer is registered with the Agency in accordance with Section 15.

(b) Beginning October 1, 2012, a retailer shall not purchase plastic carryout bags for use or distribution in Illinois unless the bag manufacturer is listed as having an approved plan on the Agency's website under Section 35.

(c) Beginning January 1, 2012, a retailer shall not purchase plastic carryout bags for use or distribution in Illinois unless the name of the manufacturer is printed on the bag so that the manufacturer's identity is readily identifiable.

(d) Beginning January 1, 2015, a retailer shall not purchase plastic carryout bags unless the bag is labeled in accordance with Section 45.

Section 35. Responsibilities of the Agency.

(a) Beginning October 1, 2012, for the benefit of assisting consumers who wish to find collection locations for recycling plastic bags, the Agency shall post on its website the location of all collection sites known to the Agency or otherwise identified to the Agency by manufacturers.

(b) Beginning January 1, 2012, the Agency shall post on its website the list of manufacturers that are registered under Section 15.

(c) Beginning October 1, 2012, the Agency shall post on its website the list of manufacturers for which the Agency has approved a plan pursuant to Section 25.

Section 40. Plastic Bag Recycling Fund. The Plastic Bag Recycling Fund is created as a special fund in the State treasury. Moneys in the fund shall be used by the Agency for implementation of this Act and for educational programs to promote the reuse and recycling of plastic bags.

Section 45. Percent recycled content requirements.

(a) Beginning January 1, 2014, manufacturers selling plastic carryout bags for use in the State by retailers shall be required to prominently label each bag to identify the percent post-consumer recycled content in the bag.

(b) Beginning January 1, 2015, manufacturers shall be required to manufacture the bag to include at least 30% total recycled content, of which at least 15% is pre-consumer recycled content and at least 15% is post-consumer recycled content.

(c) Beginning January 1, 2015, each manufacturer shall include a statement in the annual report submitted pursuant to subsection (e) of Section 25 that it has met the recycled content and labeling requirements of this Section. Each manufacturer shall meet the recycled content requirements of subsection (b) of Section 45 unless the manufacturer can demonstrate in its annual report that there was not a sufficient quantity of pre-consumer or post-consumer plastic bags and film available to meet the requirements. The Agency may require additional information or documentation, from a manufacturer that informs the Agency that it was unable to meet the recycled content requirement, to determine compliance with this Section.

Section 50. Penalties. Any manufacturer or retailer who violates any provision of this Act or fails to perform any duty under this Act shall be liable for a civil penalty not to exceed $1,000 and an additional civil penalty not to exceed $100 per day for each day the violation continues. Any penalties collected by the Attorney General pursuant to this Act shall be deposited into the Plastic Bag Recycling Fund.

Section 55. Report to the General Assembly. No later than August 1, 2016, the Director of the Agency shall submit a report to the General Assembly describing the results of the plastic carryout bag and plastic film wrap collection and recycling program on a statewide basis. The report shall also contain recommendations regarding whether the program shall be made permanent and any modifications to improve its function and efficiency.

Section 60. The State Finance Act is amended by adding Section 5.786 as follows:

(30 ILCS 105/5.786 new)

Sec. 5.786. The Plastic Bag Recycling Fund.

Section 99. Effective date. This Act takes effect upon becoming law.