Illinois General Assembly - Full Text of SB3442
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Full Text of SB3442  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/7/2012, by Sen. Terry Link


New Act
5 ILCS 80/4.27

    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 plastic carryout bag in the State unless the manufacturer is registered with the Agency and its name is printed on the plastic carryout bags it manufactures. Requires each manufacturer to develop, and submit to the Agency, a plan to support the collection and recycling of plastic carryout bags and plastic film product wrap. Prohibits retailers from purchasing plastic carryout bags from manufacturers under certain circumstances. Sets forth duties of the Agency. Creates penalties for violations of the Act. Encourages manufacturers to include recycled content in the plastic carryout bags that they produce. Requires certain reports to be filed with the General Assembly. Makes the Act inapplicable in units of local government with a population of over 2,000,000. Specifies that the Plastic Bag and Film Recycling Act controls in the event of a conflict with another Act. Denies home rule powers. Amends the Regulatory Sunset Act to provide for the repeal of the Plastic Bag and Film Recycling Act on October 1, 2017. Effective immediately.

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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. 95-268).
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



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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
14    non-renewable resources that can be recycled, that
15    Illinois lacked an adequate collection infrastructure, and
16    that participating retailers responded favorably overall
17    to the pilot program and intended to continue collecting
18    plastic bags from their customers, with the majority of
19    them 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.



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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 with the voluntary
19participation of the retail community.
20    Section 10. Definitions. As used in this Act:
21    "Agency" means the Illinois Environmental Protection
23    "Consumer" means any person who makes a purchase at retail.
24    "Distributor" or "wholesaler" means a person who buys or
25otherwise acquires plastic bags from another source and sells



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1or offers to sell those plastic bags, either in bulk or
2otherwise, to retailers in Illinois.
3    "Manufacturer" means a manufacturer of plastic carryout
4bags used or distributed in Illinois.
5    "Percent post-consumer recycled content" means the
6percentage of recycled plastic carryout bags, plastic film
7product wrap, or both, that is present in a new plastic
8carryout bag following an original use of the bag or wrap by a
10    "Person" means any individual, partnership,
11co-partnership, firm, company, corporation, association, joint
12stock company, trust, estate, political subdivision, State
13agency, or any other legal entity, or their legal
14representative, agent, or assigns.
15    "Plastic carryout bag" means any polyethylene bag that is
16provided to a consumer by a retailer at checkout.
17    "Plastic film product wrap" means a polyethylene wrap used
18to cover, wrap, or otherwise package consumer goods, such as
19paper towels, bathroom tissue, cases of sodas, diapers, and
20other dry goods.
21    "Recycling" means any process by which plastic carryout
22bags, plastic film product wrap, or both, are collected and
23processed and returned to the economic mainstream in the form
24of raw materials or products. "Recycling" does not include
25energy recovery or energy generation by means of combusting
26plastic carryout bags and plastic film product wrap, and it



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1does not include any use within the permitted boundaries of a
2municipal solid waste landfill unit.
3    "Retailer" means a person engaged in the business of making
4sales at retail that generates occupation or use tax revenue.
5    Section 15. Registration and fee required.
6    (a) Beginning July 1, 2013, each manufacturer shall
7register with the Agency annually and, at the time of
8registration, shall pay an annual registration fee of $500 to
9the Agency. Registrations and registration fees are due by July
101 of the year for which they are submitted and shall remain
11valid until July 1 of the following year. A manufacturer shall
12not be considered registered until the Agency receives a
13complete registration form, the required registration fee, and
14the recycling plan. Registrations must be submitted on forms
15and in a format prescribed by the Agency. The Agency shall
16deposit all registration fees collected under this Section into
17the Environmental Protection Permit and Inspection Fund.
18    (b) No manufacturer shall sell or offer to sell plastic
19carryout bags for use or distribution in Illinois unless the
20manufacturer is registered with the Agency and has paid the
21required registration fee in accordance with subsection (a) of
22this Section.
23    Section 20. Manufacturer label required. Beginning July 1,
242013, no manufacturer shall sell or offer to sell plastic



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1carryout bags in Illinois unless the name of the manufacturer
2is printed on the bag so that the manufacturer's identity is
3readily identifiable.
4    Section 25. Plastic carryout bag and plastic film product
5wrap recycling plan.
6    (a) No later than July 1, 2013, each manufacturer shall
7develop and thereafter maintain a plan for supporting the
8collection and recycling of plastic carryout bags and plastic
9film product wrap and shall submit a copy of the plan to the
10Agency for posting to the Agency's website. Manufacturers may
11develop and implement the plan individually, or jointly with
12other manufacturers. The plan shall:
13        (1) describe the recycling program to be implemented
14    throughout the State, including collection locations,
15    events, or both;
16        (2) include a detailed description as to how the plan
17    will be implemented;
18        (3) describe the performance measures that will be used
19    to document collection efforts for plastic carryout bags
20    and plastic film product wrap;
21        (4) include a public education plan on the reuse and
22    recycling of plastic carryout bags and plastic film product
23    wrap; and
24        (5) include the mailing address or email address of the
25    manufacturer for the submission of comments regarding the



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1    plan.
2    (b) No later than August 1, 2013 or 30 days after receiving
3the plan, whichever is later, the Agency shall post the plan on
4its website. Within 30 days after the plan is posted on the
5Agency's website, a person may provide written comments to the
6manufacturer regarding the plan. The manufacturer whose plan is
7commented on shall respond in writing to the person making the
8comments within 30 days after receipt of the comments, and may
9make revisions to the plan if appropriate. If a plan receives
10no comments within the 30-day comment period it shall be
11considered final after the comment period ends. If comments are
12received on a plan it shall be considered final after the
13comments have been responded to in writing by the manufacturer
14and a revised plan, if applicable, has been submitted, no later
15than October 1, 2013, to the Agency for posting on its website
16no later than November 1, 2013.
17    (c) A manufacturer may prepare a revised plan and submit it
18to the Agency, for posting on the Agency's website no later
19than 30 days after receipt by the Agency, in response to
20changed circumstances or needs.
21    (d) Each manufacturer is responsible for all costs
22associated with the development and implementation of its plan.
23    (e) By April 1, 2014, and by April 1 of each year
24thereafter, each manufacturer shall submit a report to the
25Agency that includes, for the previous calendar year, a
26description of the manufacturer's collection and recycling



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1program, including, but not limited to, the collection
2locations for plastic carryout bags and plastic film product
3wrap, the processing locations for the collected plastic
4carryout bags and plastic film product wrap, the weight in
5pounds of plastic carryout bags and plastic film product wrap
6collected and processed for recycling, the weight in pounds of
7plastic carryout bags the manufacturer sold for use or
8distribution in Illinois, and samples of the education
9materials provided to consumers. Beginning with the annual
10report due April 1, 2014, the report shall also state the
11amounts of pre-consumer recycled content and post-consumer
12recycled content in the plastic carryout bags the manufacturer
13sold for use or distribution in Illinois.
14    (f) A manufacturer shall conduct and document due diligence
15assessments of any person with whom the manufacturer contracts
16or arranges for any one or more of the following: a recycling
17collection location; collection, processing or transportation
18of plastic carryout bags or plastic film product wrap; or
19recycling of plastic carryout bags and plastic film product
21    (g) A manufacturer may fulfill the requirements of this
22Section either individually or in participation with other
24    Section 30. Requirements applicable to retailers.
25    (a) Beginning January 1, 2014, no retailer shall purchase



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1plastic carryout bags directly from a manufacturer for use or
2distribution in Illinois unless the manufacturer of the bags is
3registered with the Agency in accordance with Section 15.
4    (b) Beginning January 1, 2014, no retailer shall purchase
5plastic carryout bags for use or distribution in Illinois
6directly from a bag manufacturer unless the manufacturer's plan
7is posted on the Agency's website in accordance with Section
9    (c) Beginning January 1, 2014, no retailer shall purchase
10plastic carryout bags for use or distribution in Illinois
11directly from a bag manufacturer unless the name of the
12manufacturer is printed on the bag so that the manufacturer's
13identity is readily identifiable in accordance with Section 20.
14    (d) Retailers that have implemented a recycling program
15independent of this Act which allows consumers to bring their
16plastic bags and film product wrap to the store for recycling,
17shall be allowed to continue to operate their programs
18independent of this Act. Such retailers can report their
19recycling status to the Agency for inclusion in the list posted
20on its website of retailers who are recycling in Illinois. In
21addition, manufacturers can include these retailers in their
22recycling plans submitted to the Agency pursuant to an
23agreement between the retailer and the manufacturer.
24    (e) Beginning March 1, 2015, no retailer shall purchase
25plastic carryout bags unless the bag is labeled and is
26compliant with Section 40.



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1    Section 31. Requirements applicable to distributors and
2wholesalers. Beginning January 1, 2014, a distributor or
3wholesaler shall not purchase plastic carryout from a
4manufacturer for use or distribution to a retailer as defined
5in this Act in Illinois unless the bag manufacturer is
6registered with the Agency in accordance with Section 15 and
7complies with Sections 20 and 25.
8    Section 35. Responsibilities of the Agency.
9    (a) Beginning September 1, 2013, for the benefit of
10assisting consumers who wish to find collection locations for
11recycling plastic bags, the Agency shall post on its website
12the location of all collection sites identified to the Agency
13by manufacturers in their plans and annual reports.
14    (b) Beginning September 1, 2013, the Agency shall post on
15its website the list of manufacturers that are registered in
16accordance with Section 15.
17    (c) Beginning September 1, 2013, the Agency shall post on
18its website the list of manufacturers for which the Agency has
19received a plan in accordance with Section 25.
20    (d) Beginning May 1, 2014, the Agency shall post on its
21website (i) the list of manufacturers for which the Agency has
22received an annual report in accordance with Section 25 and
23(ii) copies of the annual reports within 30 days after receipt.



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1    Section 40. Recycled content goal.
2    (a) Beginning January 1, 2014, manufacturers selling
3plastic carryout bags for use or distribution in Illinois may
4label each bag to identify the recycled content in the bag.
5    (b) Beginning January 1, 2015, manufacturers of plastic
6carryout bags shall strive to manufacture the bag to include at
7least 30% total recycled content.
8    Section 50. Penalties. Any manufacturer, distributor,
9wholesaler, or retailer who violates any provision of this Act
10or fails to perform any duty under this Act shall be liable for
11a civil penalty not to exceed $1,000 and an additional civil
12penalty not to exceed $100 per day for each day the violation
13continues. The penalties provided for in this Section may be
14recovered in a civil action brought in the county in which the
15violation occurred and in the name of the People of the State
16of Illinois by either the State's Attorney of the county in
17which the violation occurred or the Attorney General. Any funds
18collected under this Section in an action in which the Attorney
19General has prevailed shall be deposited in the Environmental
20Protection Trust Fund, to be used in accordance with the
21provisions of the Environmental Protection Trust Fund Act.
22    Section 55. Report to the General Assembly. No later than
23October 1, 2016, the Director of the Agency shall submit a
24report to the General Assembly describing the results of the



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1plastic carryout bag and plastic film wrap collection and
2recycling program on a statewide basis. The report shall also
3contain recommendations regarding whether the program shall be
4made permanent and any modifications to improve its function
5and efficiency.
6    Section 60. Applicability.
7    (a) The provisions of this Act do not apply within the
8jurisdiction of a unit of local government with a population of
9over 2,000,000.
10    (b) In the event of a conflict between this Act and any
11other law, this Act shall control.
12    Section 65. Home rule. Except in home rule units with a
13population of over 2,000,000, the regulation of the collection
14and recycling of plastic carryout bags and film is an exclusive
15power and function of the State. A home rule unit, other than a
16home rule unit with a population of over 2,000,000, may not
17regulate the collection and recycling of plastic carryout bags
18and film. This Section is a denial and limitation of home rule
19powers and functions under subsection (h) of Section 6 of
20Article VII of the Illinois Constitution.
21    Section 70. The Regulatory Sunset Act is amended by
22changing Section 4.27 as follows:



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1    (5 ILCS 80/4.27)
2    Sec. 4.27. Acts repealed on January 1, 2017 and October 1,
4    (a) The following Acts are repealed on January 1, 2017:
5    The Illinois Optometric Practice Act of 1987.
6    The Clinical Psychologist Licensing Act.
7    The Boiler and Pressure Vessel Repairer Regulation Act.
8    Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII,
9XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
10    (b) The following Act is repealed on October 1, 2017:
11    The Plastic Bag and Film Recycling Act.
12(Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06;
1394-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff.
148-21-07; 95-876, eff. 8-21-08.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.