Full Text of SB3442 97th General Assembly
SB3442eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Plastic 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 indicated 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 | 17 | | by which the collection and recycling of plastic bags and film | 18 | | will be accomplished in Illinois with the voluntary | 19 | | participation of the retail community. | 20 | | Section 10. Definitions. As used in this Act: | 21 | | "Agency" means the Illinois Environmental Protection | 22 | | Agency. | 23 | | "Consumer" means any person who makes a purchase at retail. | 24 | | "Distributor" or "wholesaler" means a person who buys or | 25 | | otherwise acquires plastic bags from another source and sells |
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| 1 | | or offers to sell those plastic bags, either in bulk or | 2 | | otherwise, to retailers in Illinois. | 3 | | "Manufacturer" means a manufacturer of plastic carryout | 4 | | bags used or distributed in Illinois. | 5 | | "Percent post-consumer recycled content" means the | 6 | | percentage of recycled plastic carryout bags, plastic film | 7 | | product wrap, or both, that is present in a new plastic | 8 | | carryout bag following an original use of the bag or wrap by a | 9 | | consumer. | 10 | | "Person" means any individual, partnership, | 11 | | co-partnership, firm, company, corporation, association, joint | 12 | | stock company, trust, estate, political subdivision, State | 13 | | agency, or any other legal entity, or their legal | 14 | | representative, agent, or assigns. | 15 | | "Plastic carryout bag" means any polyethylene bag that is | 16 | | provided to a consumer by a retailer at checkout. | 17 | | "Plastic film product wrap" means a polyethylene wrap used | 18 | | to cover, wrap, or otherwise package consumer goods, such as | 19 | | paper towels, bathroom tissue, cases of sodas, diapers, and | 20 | | other dry goods. | 21 | | "Recycling" means any process by which plastic carryout | 22 | | bags, plastic film product wrap, or both, are collected and | 23 | | processed and returned to the economic mainstream in the form | 24 | | of raw materials or products. "Recycling" does not include | 25 | | energy recovery or energy generation by means of combusting | 26 | | plastic carryout bags and plastic film product wrap, and it |
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| 1 | | does not include any use within the permitted boundaries of a | 2 | | municipal solid waste landfill unit. | 3 | | "Retailer" means a person engaged in the business of making | 4 | | sales 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 | 7 | | register with the Agency annually and, at the time of | 8 | | registration, shall pay an annual registration fee of $500 to | 9 | | the Agency. Registrations and registration fees are due by July | 10 | | 1 of the year for which they are submitted and shall remain | 11 | | valid until July 1 of the following year. A manufacturer shall | 12 | | not be considered registered until the Agency receives a | 13 | | complete registration form, the required registration fee, and | 14 | | the recycling plan. Registrations must be submitted on forms | 15 | | and in a format prescribed by the Agency. The Agency shall | 16 | | deposit all registration fees collected under this Section into | 17 | | the Environmental Protection Permit and Inspection Fund. | 18 | | (b) No manufacturer shall sell or offer to sell plastic | 19 | | carryout bags for use or distribution in Illinois unless the | 20 | | manufacturer is registered with the Agency and has paid the | 21 | | required registration fee in accordance with subsection (a) of | 22 | | this Section. | 23 | | Section 20. Manufacturer label required. Beginning July 1, | 24 | | 2013, no manufacturer shall sell or offer to sell plastic |
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| 1 | | carryout bags in Illinois unless the name of the manufacturer | 2 | | is printed on the bag so that the manufacturer's identity is | 3 | | readily identifiable. | 4 | | Section 25. Plastic carryout bag and plastic film product | 5 | | wrap recycling plan. | 6 | | (a) No later than July 1, 2013, each manufacturer shall | 7 | | develop and thereafter maintain a plan for supporting the | 8 | | collection and recycling of plastic carryout bags and plastic | 9 | | film product wrap and shall submit a copy of the plan to the | 10 | | Agency for posting to the Agency's website. Manufacturers may | 11 | | develop and implement the plan individually, or jointly with | 12 | | other 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 | 3 | | the plan, whichever is later, the Agency shall post the plan on | 4 | | its website. Within 30 days after the plan is posted on the | 5 | | Agency's website, a person may provide written comments to the | 6 | | manufacturer regarding the plan. The manufacturer whose plan is | 7 | | commented on shall respond in writing to the person making the | 8 | | comments within 30 days after receipt of the comments, and may | 9 | | make revisions to the plan if appropriate. If a plan receives | 10 | | no comments within the 30-day comment period, it shall be | 11 | | considered final after the comment period ends. If comments are | 12 | | received on a plan, it shall be considered final after the | 13 | | comments have been responded to in writing by the manufacturer | 14 | | and a revised plan, if applicable, has been submitted, no later | 15 | | than October 1, 2013, to the Agency for posting on its website | 16 | | no later than November 1, 2013. | 17 | | (c) A manufacturer may prepare a revised plan and submit it | 18 | | to the Agency, for posting on the Agency's website no later | 19 | | than 30 days after receipt by the Agency, in response to | 20 | | changed circumstances or needs. | 21 | | (d) Each manufacturer is responsible for all costs | 22 | | associated with the development and implementation of its plan. | 23 | | (e) By April 1, 2014, and by April 1 of each year | 24 | | thereafter, each manufacturer shall submit a report to the | 25 | | Agency that includes, for the previous calendar year, a | 26 | | description of the manufacturer's collection and recycling |
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| 1 | | program, including, but not limited to, the collection | 2 | | locations for plastic carryout bags and plastic film product | 3 | | wrap, the processing locations for the collected plastic | 4 | | carryout bags and plastic film product wrap, the weight in | 5 | | pounds of plastic carryout bags and plastic film product wrap | 6 | | collected and processed for recycling, the weight in pounds of | 7 | | plastic carryout bags the manufacturer sold for use or | 8 | | distribution in Illinois, the percentage of plastic carryout | 9 | | bags and plastic film product wrap collected and processed for | 10 | | recycling based on the weight in pounds of plastic carryout | 11 | | bags and plastic film product wrap collected and processed for | 12 | | recycling and the weight in pounds of plastic carryout bags | 13 | | sold for use or distribution in Illinois, and samples of the | 14 | | education materials provided to consumers. Beginning with the | 15 | | annual report due April 1, 2014, the report shall also state | 16 | | the amounts of pre-consumer recycled content and post-consumer | 17 | | recycled content in the plastic carryout bags the manufacturer | 18 | | sold for use or distribution in Illinois. Additional | 19 | | requirements for specific annual reports include: | 20 | | (1) a demonstration in the annual report for calendar | 21 | | year 2014 that 75% of the population in Illinois resides | 22 | | within 10 miles of a plastic carryout bag and plastic film | 23 | | product wrap collection site, and that collection sites are | 24 | | located in at least 90% of Illinois counties; | 25 | | (2) a demonstration in the annual report for calendar | 26 | | year 2015 that 80% of the population in Illinois resides |
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| 1 | | within 10 miles of a plastic carryout bag and plastic film | 2 | | product wrap collection site; and | 3 | | (3) a demonstration in the annual report for calendar | 4 | | year 2015 that the percentage of plastic carryout bags and | 5 | | plastic film product wrap recycled increased by at least | 6 | | 10% from the recycling rate calculated in the annual report | 7 | | for calendar year 2014. | 8 | | If these additional requirements cannot be demonstrated in | 9 | | the appropriate annual reports, the penalties under Section 50 | 10 | | of this Act shall be applicable. | 11 | | (f) A manufacturer shall conduct and document due diligence | 12 | | assessments of any person with whom the manufacturer contracts | 13 | | or arranges for any one or more of the following: a recycling | 14 | | collection location; collection, processing or transportation | 15 | | of plastic carryout bags or plastic film product wrap; or | 16 | | recycling of plastic carryout bags and plastic film product | 17 | | wrap. | 18 | | (g) A manufacturer may fulfill the requirements of this | 19 | | Section either individually or in participation with other | 20 | | manufacturers.
| 21 | | Section 30. Requirements applicable to retailers. | 22 | | (a) Beginning January 1, 2014, no retailer shall purchase | 23 | | plastic carryout bags directly from a manufacturer for use or | 24 | | distribution in Illinois unless the manufacturer of the bags is | 25 | | registered with the Agency in accordance with Section 15. |
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| 1 | | (b) Beginning January 1, 2014, no retailer shall purchase | 2 | | plastic carryout bags for use or distribution in Illinois | 3 | | directly from a bag manufacturer unless the manufacturer's plan | 4 | | is posted on the Agency's website in accordance with Section | 5 | | 25. | 6 | | (c) Beginning January 1, 2014, no retailer shall purchase | 7 | | plastic carryout bags for use or distribution in Illinois | 8 | | directly from a bag manufacturer unless the name of the | 9 | | manufacturer is printed on the bag so that the manufacturer's | 10 | | identity is readily identifiable in accordance with Section 20. | 11 | | (d) Retailers that have implemented a recycling program | 12 | | independent of this Act which allows consumers to bring their | 13 | | plastic bags and film product wrap to the store for recycling | 14 | | shall be allowed to continue to operate their programs | 15 | | independent of this Act. Such retailers can report their | 16 | | recycling status to the Agency for inclusion in the list posted | 17 | | on its website of retailers who are recycling in Illinois. In | 18 | | addition, manufacturers can include these retailers in their | 19 | | recycling plans submitted to the Agency pursuant to an | 20 | | agreement between the retailer and the manufacturer. | 21 | | (e) Beginning March 1, 2015, no retailer shall purchase | 22 | | plastic carryout bags unless the bag is labeled and is | 23 | | compliant with Section 40. | 24 | | Section 31. Requirements applicable to distributors and | 25 | | wholesalers. Beginning January 1, 2014, a distributor or |
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| 1 | | wholesaler shall not purchase plastic carryout bags from a | 2 | | manufacturer for use or distribution to a retailer as defined | 3 | | in this Act in Illinois unless the bag manufacturer is | 4 | | registered with the Agency in accordance with Section 15 and | 5 | | complies with Sections 20 and 25. | 6 | | Section 35. Responsibilities of the Agency. | 7 | | (a) Beginning September 1, 2013, for the benefit of | 8 | | assisting consumers who wish to find collection locations for | 9 | | recycling plastic bags, the Agency shall post on its website | 10 | | the location of all collection sites identified to the Agency | 11 | | by manufacturers in their plans and annual reports. | 12 | | (b) Beginning September 1, 2013, the Agency shall post on | 13 | | its website the list of manufacturers that are registered in | 14 | | accordance with Section 15. | 15 | | (c) Beginning September 1, 2013, the Agency shall post on | 16 | | its website the list of manufacturers for which the Agency has | 17 | | received a plan in accordance with Section 25. | 18 | | (d) Beginning May 1, 2014, the Agency shall post on its | 19 | | website (i) the list of manufacturers for which the Agency has | 20 | | received an annual report in accordance with Section 25 and | 21 | | (ii) copies of the annual reports within 30 days after receipt. | 22 | | Section 40. Recycled content goal.
| 23 | | (a) Beginning January 1, 2014, manufacturers selling | 24 | | plastic carryout bags for use or distribution in Illinois may |
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| 1 | | label each bag to identify the recycled content in the bag. | 2 | | (b) Beginning January 1, 2015, manufacturers of plastic | 3 | | carryout bags shall strive to manufacture the bag to include at | 4 | | least 30% total recycled content. | 5 | | Section 50. Penalties.
Any manufacturer, distributor, | 6 | | wholesaler, or retailer who violates any provision of this Act | 7 | | or fails to perform any duty under this Act shall be liable for | 8 | | a civil penalty not to exceed $1,000. The penalties provided | 9 | | for in this Section may be recovered in a civil action brought | 10 | | in the county in which the violation occurred and in the name | 11 | | of the People of the State of Illinois by either the State's | 12 | | Attorney of the county in which the violation occurred or the | 13 | | Attorney General. Any funds collected under this Section in an | 14 | | action in which the Attorney General has prevailed shall be | 15 | | deposited in the Environmental Protection Trust Fund, to be | 16 | | used in accordance with the provisions of the Environmental | 17 | | Protection Trust Fund Act. | 18 | | Section 55. Report to the General Assembly.
No later than | 19 | | October 1, 2016, the Director of the Agency shall submit a | 20 | | report to the General Assembly describing the results of the | 21 | | plastic carryout bag and plastic film wrap collection and | 22 | | recycling program on a statewide basis. The report shall also | 23 | | contain recommendations regarding whether the program shall be | 24 | | made permanent and any modifications to improve its function |
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| 1 | | and efficiency.
| 2 | | Section 60. Applicability. | 3 | | (a) The provisions of this Act do not apply within the | 4 | | jurisdiction of a unit of local government with a population of | 5 | | over 2,000,000. | 6 | | (b) In the event of a conflict between this Act and any | 7 | | other law, this Act shall control. | 8 | | Section 65. Home rule. | 9 | | (a) Except in home rule units with a population of over | 10 | | 2,000,000, the regulation of the collection and recycling of | 11 | | plastic carryout bags and film, including any effort to | 12 | | regulate through the imposition of a ban on those items, is an | 13 | | exclusive power and function of the State. A home rule unit, | 14 | | other than a home rule unit with a population of over | 15 | | 2,000,000, may not regulate the collection and recycling of | 16 | | plastic carryout bags and film. This subsection (a) is a denial | 17 | | and limitation of home rule powers and functions under | 18 | | subsection (h) of Section 6 of Article VII of the Illinois | 19 | | Constitution. | 20 | | (b) A home rule unit, other than a home rule unit with a | 21 | | population of over 2,000,000, may not tax the collection and | 22 | | recycling of plastic carryout bags and film. This subsection | 23 | | (b) is a denial and limitation of home rule powers and | 24 | | functions under subsection (g) of Section 6 of Article VII of |
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| 1 | | the Illinois Constitution. | 2 | | Section 70. The Regulatory Sunset Act is amended by | 3 | | changing Section 4.27 as follows: | 4 | | (5 ILCS 80/4.27) | 5 | | Sec. 4.27. Acts repealed on January 1, 2017 and October 1, | 6 | | 2017 . | 7 | | (a) The following Acts
are repealed on January 1, 2017:
| 8 | | The Illinois Optometric Practice Act of 1987. | 9 | | The Clinical Psychologist Licensing Act. | 10 | | The Boiler and Pressure Vessel Repairer Regulation Act. | 11 | | Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII,
| 12 | | XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. | 13 | | (b) The following Act is repealed on October 1, 2017: | 14 | | The Plastic Bag and Film Recycling Act. | 15 | | (Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06; | 16 | | 94-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff. | 17 | | 8-21-07; 95-876, eff. 8-21-08.) | 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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