Illinois General Assembly - Full Text of SB0102
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Full Text of SB0102  97th General Assembly


Sen. Terry Link

Filed: 3/11/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 102 by replacing
3everything after the enacting clause with the following:
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



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1    voluntarily participate in the pilot program, and, in May
2    of 2010, the Task Force submitted a report of the pilot
3    program findings to the Governor and the leadership of the
4    General Assembly.
5        (3) The Task Force findings referred to data contained
6    in the Illinois Commodity Waste Generation and
7    Characterization Study commissioned in 2008 by the
8    Illinois Department of Commerce and Economic Opportunity
9    which indicate that nearly 500,000 tons of plastic film
10    material is generated each year in Illinois that has a
11    potential market value of $100 million; however, 98.5% of
12    this plastic film is landfilled. The Study also found that
13    plastic grocery bags represent only about 15% of all
14    plastic film disposed of in Illinois landfills, which led
15    the Task Force to focus attention on not only the recovery
16    of plastic grocery bags, but also the recovery of plastic
17    film product wrap that is used to package numerous consumer
18    products.
19        (4) The Task Force concluded that the disposal of
20    plastic bags and film represents a tremendous waste of
21    non-renewable resources that can be recycled, but that lack
22    an adequate collection infrastructure, and that
23    participating retailers responded favorably overall to the
24    pilot program and intended to continue collecting plastic
25    bags from their customers with the majority of them
26    indicating that their overall costs to operate the



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1    collection program were minimal and were built into daily
2    operational procedures.
3        (5) Markets for plastic bags and film do exist, and, if
4    this material can be successfully diverted from final
5    disposal, it has the potential to conserve a non-renewable
6    resource by reusing it as a feedstock for new plastic bags
7    and plastic lumber, as well as for other beneficial uses.
8    In addition to conserving resources the recycling of
9    plastic bags and film reduces air, land, and water
10    pollution.
11        (6) The 2010 Recycling Economic Information Study
12    Update for Illinois estimates that the plastics industry
13    employs approximately 3,114 people in Illinois, generating
14    an annual payroll of $98,887,000, and, based on this data,
15    it is estimated that a statewide plastic bag and film
16    recycling program would generate over 300 jobs with an
17    estimated payroll of $9,500,000.
18        (7) The plastic bag industry has taken great strides in
19    promoting increased recycling of plastic bags in the State,
20    and this Act recognizes that continued and increased
21    responsibility of industry to support increased plastic
22    bag recycling is in the State's and the public's interests.
23        (8) A consistent and uniform statewide approach to
24    collecting, processing, and recycling plastic bags and
25    film is preferable to legislation enacted by local
26    jurisdictions that may conflict with this Act.



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1    (b) The purpose of this Act is to set forth the procedures
2by which the collection and recycling of plastic bags and film
3will be accomplished in Illinois.
4    Section 10. Definitions. As used in this Act:
5    "Agency" means the Illinois Environmental Protection
7    "Consumer" means any person who makes a purchase at retail.
8    "Manufacturer" means a manufacturer of plastic carryout
9bags used or distributed in Illinois.
10    "Percent post-consumer recycled content" means the
11percentage of recycled plastic carryout bags, plastic film
12product wrap, or both, that is present in a new plastic
13carryout bag following an original use of the bag or wrap by a
15    "Person" means any individual, partnership,
16co-partnership, firm, company, corporation, association, joint
17stock company, trust, estate, political subdivision, State
18agency, or any other legal entity, or their legal
19representative, agent, or assigns.
20    "Plastic carryout bag" means any polyethylene bag that is
21provided to a consumer by a retailer at checkout.
22    "Plastic film product wrap" means a polyethylene wrap used
23to cover, wrap, or otherwise package consumer goods, such as
24paper towels, bathroom tissue, cases of sodas, diapers, and
25other dry goods.



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1    "Recycling" means any process by which plastic carryout
2bags, plastic film product wrap, or both, are collected and
3processed and returned to the economic mainstream in the form
4of raw materials or products. "Recycling" does not include
5energy recovery or energy generation by means of combusting
6plastic carryout bags and plastic film product wrap, and it
7does not include any use within the permitted boundaries of a
8municipal solid waste landfill unit.
9    "Retailer" means a person engaged in the business of making
10sales at retail that generates occupation or use tax revenue.
11    Section 15. Registration and fee required.
12    (a) Beginning March 15, 2012, each manufacturer shall
13register with the Agency annually and, at the time of
14registration, shall pay an annual registration fee of $500 to
15the Agency. Registrations and registration fees are due by
16March 15th of the year for which they are submitted and shall
17remain valid until March 15th of the following year. A
18manufacturer shall not be considered registered until the
19Agency receives a complete registration form, the required
20registration fee, and the recycling plan. Registrations must be
21submitted on forms and in a format prescribed by the Agency.
22The Agency shall deposit all registration fees collected under
23this Section into the Environmental Protection Permit and
24Inspection Fund.
25    (b) No manufacturer shall sell or offer to sell plastic



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1carryout bags for use or distribution in Illinois unless the
2manufacturer is registered with the Agency and has paid the
3required registration fee in accordance with subsection (a) of
4this Section.
5    Section 20. Manufacturer label required. Beginning March
615, 2012, no manufacturer shall sell or offer to sell plastic
7carryout bags in Illinois unless the name of the manufacturer
8is printed on the bag so that the manufacturer's identity is
9readily identifiable.
10    Section 25. Plastic carryout bag and plastic film product
11wrap recycling plan.
12    (a) No later than March 15, 2012, each manufacturer shall
13develop and thereafter maintain a plan for supporting the
14collection and recycling of carryout plastic bags and plastic
15film product wrap and shall submit a copy of the plan to the
16Agency for posting to the Agency's website. Manufacturers may
17develop and implement the plan individually, or jointly with
18other manufacturers. The plan shall:
19        (1) describe the recycling program to be implemented
20    throughout the State, including collection locations,
21    events, or both;
22        (2) include a detailed description as to how the plan
23    will be implemented;
24        (3) describe the performance measures that will be used



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1    to document collection efforts for plastic carryout bags
2    and plastic film product wrap;
3        (4) include a public education plan on the reuse and
4    recycling of plastic carryout bags and plastic film product
5    wrap; and
6        (5) include the mailing address or email address of the
7    manufacturer for the submission of comments regarding the
8    plan.
9    (b) No later than April 15, 2012 or 30 days after receiving
10the plan, whichever is later, the Agency shall post the plan on
11its website. Within 30 days after the plan is posted on the
12Agency's website, a person may provide written comments to the
13manufacturer regarding the plan. The manufacturer whose plan is
14commented on shall respond in writing to the person making the
15comments within 30 days after receipt of the comments, and may
16make revisions to the plan if appropriate. If a plan receives
17no comments within the 30-day comment period it shall be
18considered final after the comment period ends. If comments are
19received on a plan it shall be considered final after the
20comments have been responded to in writing by the manufacturer
21and a revised plan, if applicable, has been submitted, no later
22than June 15, 2012, to the Agency for posting on its website no
23later than July 15, 2012.
24    (c) A manufacturer may prepare a revised plan and submit it
25to the Agency, for posting on the Agency's website no later
26than 30 days after receipt by the Agency, in response to



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1changed circumstances or needs.
2    (d) Each manufacturer is responsible for all costs
3associated with the development and implementation of its plan.
4    (e) By June 1, 2013 and by June 1 of each year thereafter,
5each manufacturer shall submit a report to the Agency that
6includes, for the previous calendar year, a description of the
7manufacturer's collection and recycling program, including,
8but not limited to, the collection locations for plastic
9carryout bags and plastic film product wrap, the processing
10locations for the collected plastic carryout bags and plastic
11film product wrap, the weight in pounds of plastic carryout
12bags and plastic film product wrap collected and processed for
13recycling, the weight in pounds of plastic carryout bags the
14manufacturer sold for use or distribution in Illinois, and
15samples of the education materials provided to consumers.
16Beginning with the annual report due June 1, 2015, the report
17shall also state the amounts of pre-consumer recycled content
18and post-consumer recycled content in the plastic carryout bags
19the manufacturer sold for use or distribution in Illinois.
20    (f) A manufacturer shall conduct and document due diligence
21assessments of any person with whom the manufacturer contracts
22or arranges for any one or more of the following: a recycling
23collection location; collection, processing or transportation
24of plastic carryout bags or plastic film product wrap; or
25recycling of plastic carryout bags and plastic film product



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1    (g) A manufacturer may fulfill the requirements of this
2Section either individually or in participation with other
4    Section 30. Requirements applicable to retailers.
5    (a) Beginning April 15, 2012, no retailer shall purchase
6plastic carryout bags for use or distribution in Illinois
7unless the manufacturer of the bags is registered with the
8Agency in accordance with Section 15.
9    (b) Beginning April 15, 2012, no retailer shall purchase
10plastic carryout bags for use or distribution in Illinois
11unless the bag manufacturer's plan is posted on the Agency's
12website in accordance with Section 25.
13    (c) Beginning March 15, 2012, no retailer shall purchase
14plastic carryout bags for use or distribution in Illinois
15unless the name of the manufacturer is printed on the bag so
16that the manufacturer's identity is readily identifiable.
17    (d) Beginning March 1, 2015, no retailer shall purchase
18plastic carryout bags unless the bag is labeled and is
19compliant with Section 40.
20    Section 35. Responsibilities of the Agency.
21    (a) Beginning April 15, 2012, for the benefit of assisting
22consumers who wish to find collection locations for recycling
23plastic bags, the Agency shall post on its website the location
24of all collection sites identified to the Agency by



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1manufacturers in their plans and annual reports.
2    (b) Beginning April 15, 2012, the Agency shall post on its
3website the list of manufacturers that are registered in
4accordance with Section 15.
5    (c) Beginning April 15, 2012, the Agency shall post on its
6website the list of manufacturers for which the Agency has
7received a plan in accordance with Section 25.
8    (d) Beginning September 1, 2013, the Agency shall post on
9its website (i) the list of manufacturers for which the Agency
10has received an annual report in accordance with Section 25,
11and (ii) copies of the annual reports within 30 days after
13    Section 40. Percent recycled content requirements.
14    (a) Beginning March 1, 2014, no manufacturer shall sell
15plastic carryout bags for use or distribution in Illinois
16unless each bag is labeled to identify the percent
17post-consumer recycled content in the bag.
18    (b) Beginning March 1, 2015, no manufacturer shall sell
19plastic carryout bags for use or distribution in Illinois
20unless each bag includes at least 30% total recycled content,
21of which at least 15% is pre-consumer recycled content and at
22least 15% is post-consumer recycled content.
23    (c) Beginning with the annual report due in 2015 and
24annually thereafter, each manufacturer shall include a
25statement in the annual report submitted pursuant to subsection



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1(e) of Section 25 that it has met the recycled content and
2labeling requirements of this Section. Each manufacturer shall
3meet the recycled content requirements of subsection (b) of
4this Section unless the manufacturer can demonstrate in its
5annual report that there was not a sufficient quantity of
6pre-consumer or post-consumer plastic bags and film available
7to meet the requirements. The Agency may require additional
8information or documentation, from a manufacturer that informs
9the Agency that it was unable to meet the recycled content
10requirement, to determine compliance with this Section.
11    Section 50. Penalties. Any manufacturer or retailer who
12violates any provision of this Act or fails to perform any duty
13under this Act shall be liable for a civil penalty not to
14exceed $1,000 and an additional civil penalty not to exceed
15$100 per day for each day the violation continues. The
16penalties provided for in this Section may be recovered in a
17civil action brought in the name of the People of the State of
18Illinois by the State's Attorney of the county in which the
19violation occurred or by the Attorney General. Any funds
20collected under this Section in an action in which the Attorney
21General has prevailed shall be deposited in the Environmental
22Protection Trust Fund, to be used in accordance with the
23provisions of the Environmental Protection Trust Fund Act.
24    Section 55. Report to the General Assembly. No later than



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1October 1, 2016, the Director of the Agency shall submit a
2report to the General Assembly describing the results of the
3plastic carryout bag and plastic film wrap collection and
4recycling program on a statewide basis. The report shall also
5contain recommendations regarding whether the program shall be
6made permanent and any modifications to improve its function
7and efficiency.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".