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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 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
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, the percentage of plastic carryout
9bags and plastic film product wrap collected and processed for
10recycling based on the weight in pounds of plastic carryout
11bags and plastic film product wrap collected and processed for
12recycling and the weight in pounds of plastic carryout bags
13sold for use or distribution in Illinois, and samples of the
14education materials provided to consumers. Beginning with the
15annual report due April 1, 2014, the report shall also state
16the amounts of pre-consumer recycled content and post-consumer
17recycled content in the plastic carryout bags the manufacturer
18sold for use or distribution in Illinois. Additional
19requirements 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
9the appropriate annual reports, the penalties under Section 50
10of this Act shall be applicable.
11    (f) A manufacturer shall conduct and document due diligence
12assessments of any person with whom the manufacturer contracts
13or arranges for any one or more of the following: a recycling
14collection location; collection, processing or transportation
15of plastic carryout bags or plastic film product wrap; or
16recycling of plastic carryout bags and plastic film product
18    (g) A manufacturer may fulfill the requirements of this
19Section either individually or in participation with other
21    Section 30. Requirements applicable to retailers.
22    (a) Beginning January 1, 2014, no retailer shall purchase
23plastic carryout bags directly from a manufacturer for use or
24distribution in Illinois unless the manufacturer of the bags is
25registered with the Agency in accordance with Section 15.



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1    (b) Beginning January 1, 2014, no retailer shall purchase
2plastic carryout bags for use or distribution in Illinois
3directly from a bag manufacturer unless the manufacturer's plan
4is posted on the Agency's website in accordance with Section
6    (c) Beginning January 1, 2014, no retailer shall purchase
7plastic carryout bags for use or distribution in Illinois
8directly from a bag manufacturer unless the name of the
9manufacturer is printed on the bag so that the manufacturer's
10identity is readily identifiable in accordance with Section 20.
11    (d) Retailers that have implemented a recycling program
12independent of this Act which allows consumers to bring their
13plastic bags and film product wrap to the store for recycling
14shall be allowed to continue to operate their programs
15independent of this Act. Such retailers can report their
16recycling status to the Agency for inclusion in the list posted
17on its website of retailers who are recycling in Illinois. In
18addition, manufacturers can include these retailers in their
19recycling plans submitted to the Agency pursuant to an
20agreement between the retailer and the manufacturer.
21    (e) Beginning March 1, 2015, no retailer shall purchase
22plastic carryout bags unless the bag is labeled and is
23compliant with Section 40.
24    Section 31. Requirements applicable to distributors and
25wholesalers. Beginning January 1, 2014, a distributor or



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1wholesaler shall not purchase plastic carryout bags from a
2manufacturer for use or distribution to a retailer as defined
3in this Act in Illinois unless the bag manufacturer is
4registered with the Agency in accordance with Section 15 and
5complies with Sections 20 and 25.
6    Section 35. Responsibilities of the Agency.
7    (a) Beginning September 1, 2013, for the benefit of
8assisting consumers who wish to find collection locations for
9recycling plastic bags, the Agency shall post on its website
10the location of all collection sites identified to the Agency
11by manufacturers in their plans and annual reports.
12    (b) Beginning September 1, 2013, the Agency shall post on
13its website the list of manufacturers that are registered in
14accordance with Section 15.
15    (c) Beginning September 1, 2013, the Agency shall post on
16its website the list of manufacturers for which the Agency has
17received a plan in accordance with Section 25.
18    (d) Beginning May 1, 2014, the Agency shall post on its
19website (i) the list of manufacturers for which the Agency has
20received 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
24plastic carryout bags for use or distribution in Illinois may



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



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1and efficiency.
2    Section 60. Applicability.
3    (a) The provisions of this Act do not apply within the
4jurisdiction of a unit of local government with a population of
5over 2,000,000.
6    (b) In the event of a conflict between this Act and any
7other law, this Act shall control.
8    Section 65. Home rule.
9    (a) Except in home rule units with a population of over
102,000,000, the regulation of the collection and recycling of
11plastic carryout bags and film, including any effort to
12regulate through the imposition of a ban on those items, is an
13exclusive power and function of the State. A home rule unit,
14other than a home rule unit with a population of over
152,000,000, may not regulate the collection and recycling of
16plastic carryout bags and film. This subsection (a) is a denial
17and limitation of home rule powers and functions under
18subsection (h) of Section 6 of Article VII of the Illinois
20    (b) A home rule unit, other than a home rule unit with a
21population of over 2,000,000, may not tax the collection and
22recycling of plastic carryout bags and film. This subsection
23(b) is a denial and limitation of home rule powers and
24functions under subsection (g) of Section 6 of Article VII of



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1the Illinois Constitution.
2    Section 70. The Regulatory Sunset Act is amended by
3changing Section 4.27 as follows:
4    (5 ILCS 80/4.27)
5    Sec. 4.27. Acts repealed on January 1, 2017 and October 1,
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,
12XXXI, 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;
1694-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff.
178-21-07; 95-876, eff. 8-21-08.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.