Illinois General Assembly - Full Text of HB1955
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Full Text of HB1955  100th General Assembly

HB1955sam001 100TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 6/23/2017

 

 


 

 


 
10000HB1955sam001LRB100 04571 MJP 27685 a

1
AMENDMENT TO HOUSE BILL 1955

2    AMENDMENT NO. ______. Amend House Bill 1955 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. If and only if Senate Bill 1417 of the 100th
5General Assembly becomes law, then the Consumer Electronics
6Recycling Act is amended by changing Sections 1-5, 1-10, 1-15,
71-20, 1-25, 1-30, 1-35, 1-40, 1-45, 1-50, 1-55, and 1-85 and by
8adding Section 1-84 as follows:
 
9    (100SB1417enr., Sec. 1-5)
10    Sec. 1-5. Definitions. As used in this Act:
11    "Agency" means the Illinois Environmental Protection
12Agency.
13    "Best practices" means standards for collecting and
14preparing items for shipment and recycling. "Best practices"
15may include standards for packaging for transport, load size,
16acceptable load contamination levels, non-CED items included

 

 

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1in a load, and other standards as determined under Section 1-85
2of this Act. "Best practices" shall consider the desired intent
3to preserve existing collection programs and relationships
4when possible.
5    "Collector" means a person who collects residential CEDs at
6any program collection site or one-day collection event and
7prepares them for transport.
8    "Computer", often referred to as a "personal computer" or
9"PC", means a desktop or notebook computer as further defined
10below and used only in a residence, but does not mean an
11automated typewriter, electronic printer, mobile telephone,
12portable hand-held calculator, portable digital assistant
13(PDA), MP3 player, or other similar device. "Computer" does not
14include computer peripherals, commonly known as cables, mouse,
15or keyboard. "Computer" is further defined as either:
16        (1) "Desktop computer", which means an electronic,
17    magnetic, optical, electrochemical, or other high-speed
18    data processing device performing logical, arithmetic, or
19    storage functions for general purpose needs that are met
20    through interaction with a number of software programs
21    contained therein, and that is not designed to exclusively
22    perform a specific type of logical, arithmetic, or storage
23    function or other limited or specialized application.
24    Human interface with a desktop computer is achieved through
25    a stand-alone keyboard, stand-alone monitor, or other
26    display unit, and a stand-alone mouse or other pointing

 

 

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1    device, and is designed for a single user. A desktop
2    computer has a main unit that is intended to be
3    persistently located in a single location, often on a desk
4    or on the floor. A desktop computer is not designed for
5    portability and generally utilizes an external monitor,
6    keyboard, and mouse with an external or internal power
7    supply for a power source. Desktop computer does not
8    include an automated typewriter or typesetter; or
9        (2) "Notebook computer", which means an electronic,
10    magnetic, optical, electrochemical, or other high-speed
11    data processing device performing logical, arithmetic, or
12    storage functions for general purpose needs that are met
13    through interaction with a number of software programs
14    contained therein, and that is not designed to exclusively
15    perform a specific type of logical, arithmetic, or storage
16    function or other limited or specialized application.
17    Human interface with a notebook computer is achieved
18    through a keyboard, video display greater than 4 inches in
19    size, and mouse or other pointing device, all of which are
20    contained within the construction of the unit that
21    comprises the notebook computer; supplemental stand-alone
22    interface devices typically can also be attached to the
23    notebook computer. Notebook computers can use external,
24    internal, or batteries for a power source. Notebook
25    computer does not include a portable hand-held calculator,
26    or a portable digital assistant or similar specialized

 

 

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1    device. A notebook computer has an incorporated video
2    display greater than 4 inches in size and can be carried as
3    one unit by an individual. A notebook computer is sometimes
4    referred to as a laptop computer.
5        (3) "Tablet computer", which means an electronic,
6    magnetic, optical, electrochemical, or other high-speed
7    data processing device performing logical, arithmetic, or
8    storage functions for general purpose needs that are met
9    through interaction with a number of software programs
10    contained therein, and that is not designed to exclusively
11    perform a specific type of logical, arithmetic, or storage
12    function or other limited or specialized application.
13    Human interface with a tablet computer is achieved through
14    a touch screen and video display screen greater than 6
15    inches in size (all of which are contained within the unit
16    that comprises the tablet computer). Tablet computers may
17    use an external or internal power source. "Tablet computer"
18    does not include a portable hand-held calculator, a
19    portable digital assistant, or a similar specialized
20    device.
21    "Computer monitor" means an electronic device that is a
22cathode-ray tube or flat panel display primarily intended to
23display information from a computer and is used only in a
24residence.
25    "County collection site" means a collection site owned or
26operated by a county or operated by a third party on behalf of

 

 

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1a county.
2    "County recycling coordinator" means the individual who is
3designated as the recycling coordinator for a county in a waste
4management plan developed pursuant to the Solid Waste Planning
5and Recycling Act.
6    "Covered electronic device" or "CED" means any computer,
7computer monitor, television, printer, electronic keyboard,
8facsimile machine, videocassette recorder, portable digital
9music player that has memory capability and is battery powered,
10digital video disc player, video game console, electronic
11mouse, scanner, digital converter box, cable receiver,
12satellite receiver, digital video disc recorder, or
13small-scale server sold at retail and taken out of service from
14a residence in this State. "Covered electronic device" does not
15include any of the following:
16        (1) an electronic device that is a part of a motor
17    vehicle or any component part of a motor vehicle assembled
18    by or for a vehicle manufacturer or franchised dealer,
19    including replacement parts for use in a motor vehicle;
20        (2) an electronic device that is functionally or
21    physically part of a larger piece of equipment or that is
22    taken out of service from an industrial, commercial
23    (including retail), library checkout, traffic control,
24    kiosk, security (other than household security),
25    governmental, agricultural, or medical setting, including
26    but not limited to diagnostic, monitoring, or control

 

 

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1    equipment; or
2        (3) an electronic device that is contained within a
3    clothes washer, clothes dryer, refrigerator, refrigerator
4    and freezer, microwave oven, conventional oven or range,
5    dishwasher, room air conditioner, dehumidifier, water
6    pump, sump pump, or air purifier. To the extent allowed
7    under federal and State laws and regulations, a CED that is
8    being collected, recycled, or processed for reuse is not
9    considered to be hazardous waste, household waste, solid
10    waste, or special waste.
11    "Covered electronic device category" or "CED category"
12means each of the following 8 categories of residential CEDs:
13        (1) computers and small-scale servers;
14        (2) computer monitors;
15        (3) televisions;
16        (4) printers, facsimile machines, and scanners;
17        (5) digital video disc players, digital video disc
18    recorders, and videocassette recorders;
19        (6) video game consoles;
20        (7) digital converter boxes, cable receivers, and
21    satellite receivers; and
22        (8) electronic keyboards, electronic mice, and
23    portable digital music players that have memory capability
24    and are battery powered.
25    "Manufacturer" means a person, or a successor in interest
26to a person, under whose brand or label a CED is or was sold at

 

 

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1retail. For any CED sold at retail under a brand or label that
2is licensed from a person who is a mere brand owner and who
3does not sell or produce a CED, the person who produced the CED
4or his or her successor in interest is the manufacturer. For
5any CED sold at retail under the brand or label of both the
6retail seller and the person that produced the CED, the person
7that produced the CED, or his or her successor in interest, is
8the manufacturer.
9    "Manufacturer clearinghouse" means a group of 2 or more
10manufacturers, representing at least 50% of the manufacturers'
11total obligations under this Act for a program year, that are
12cooperating with one another to collectively establish and
13operate an e-waste program for the purpose of complying with
14this Act.
15    "Manufacturer e-waste program" means any program
16established, financed, and operated by a manufacturer,
17individually or as part of a manufacturer clearinghouse, to
18transport and subsequently recycle, in accordance with the
19requirements of this Act, residential CEDs collected at program
20collection sites and one-day collection events in accordance
21with best practices.
22    "Municipal joint action agency" means a municipal joint
23action agency created under Section 3.2 of the
24Intergovernmental Cooperation Act.
25    "One-day collection event" means a one-day event used as a
26substitute for a program collection site pursuant to Section

 

 

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11-15 of this Act.
2    "Person" means an individual, partnership, co-partnership,
3firm, company, limited liability company, corporation,
4association, joint stock company, trust, estate, political
5subdivision, State agency, or any other legal entity; or a
6legal representative, agent, or assign of that entity. "Person"
7includes a unit of local government.
8    "Printer" means desktop printers, multifunction printer
9copiers, and printer/fax combinations taken out of service from
10a residence that are designed to reside on a work surface, and
11include various print technologies, including without
12limitation laser and LED (electrographic), ink jet, dot matrix,
13thermal, and digital sublimation, and "multi-function" or
14"all-in-one" devices that perform different tasks, including
15without limitation copying, scanning, faxing, and printing.
16Printers do not include floor-standing printers, printers with
17optional floor stand, point of sale (POS) receipt printers,
18household printers such as a calculator with printing
19capabilities or label makers, or non-stand-alone printers that
20are embedded into products that are not CEDs.
21    "Program collection site" means a physical location that is
22included in a manufacturer e-waste program and at which
23residential CEDs are collected and prepared for transport by a
24collector during a program year in accordance with the
25requirements of this Act. Except as otherwise provided in this
26Act, "program collection" site" does not include a retail

 

 

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1collection site.
2    "Program year" means a calendar year. The first program
3year is 2019.
4    "Recycler" means any person who transports or subsequently
5recycles residential CEDs that have been collected and prepared
6for transport by a collector at any program collection site or
7one-day collection event.
8    "Recycling" has the meaning provided under Section 3.380 of
9the Environmental Protection Act. "Recycling" includes any
10process by which residential CEDs that would otherwise be
11disposed of or discarded are collected, separated, or processed
12and returned to the economic mainstream in the form of raw
13materials or products.
14    "Residence" means a dwelling place or home in which one or
15more individuals live.
16    "Residential covered electronic device" or "residential
17CED" means any covered electronic device taken out of service
18from a residence in the State.
19    "Retail collection site" means a private sector collection
20site operated by a retailer collecting on behalf of a
21manufacturer.
22    "Retailer" means a person who first sells, through a sales
23outlet, catalogue, or the Internet, a covered electronic device
24at retail to an individual for residential use or any permanent
25establishment primarily where merchandise is displayed, held,
26stored, or offered for sale to the public.

 

 

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1    "Sale" means any retail transfer of title for consideration
2of title including, but not limited to, transactions conducted
3through sales outlets, catalogs, or the Internet or any other
4similar electronic means. "Sale" does not include financing or
5leasing.
6    "Small-scale server" means a computer that typically uses
7desktop components in a desktop form designed primarily to
8serve as a storage host for other computers. To be considered a
9small-scale server, a computer must: be designed in a pedestal,
10tower, or other form that is similar to that of a desktop
11computer so that all data processing, storage, and network
12interfacing is contained within one box or product; be designed
13to be operational 24 hours per day and 7 days per week; have
14very little unscheduled downtime, such as on the order of hours
15per year; be capable of operating in a simultaneous multi-user
16environment serving several users through networked client
17units; and be designed for an industry-accepted operating
18system for home or low-end server applications.
19    "Television" means an electronic device that contains (i)
20containing a cathode-ray tube or flat panel screen the size of
21which is greater than 4 inches when measured diagonally and ,
22(ii) that is intended to receive video programming via
23broadcast, cable, or satellite, internet, or other mode of
24video transmission or to receive video from surveillance or
25other similar cameras, and (iii) that is used only in a
26residence.

 

 

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1(Source: 100SB1417enr.)
 
2    (100SB1417enr., Sec. 1-10)
3    Sec. 1-10. Manufacturer e-waste program.
4    (a) For program year 2019 and each program year thereafter,
5each manufacturer shall, individually or as part of a
6manufacturer clearinghouse, provide a manufacturer e-waste
7program to transport and subsequently recycle, in accordance
8with the requirements of this Act, residential CEDs collected
9at, and prepared for transport from, the program collection
10sites and one-day collection events included in the program
11during the program year.
12    (b) Each manufacturer e-waste program must include, at a
13minimum, the following:
14        (1) satisfaction of the convenience standard described
15    in Section 1-15 of this Act;
16        (2) instructions for designated county recycling
17    coordinators and municipal joint action agencies to
18    annually file notice to participate in the program;
19        (3) transportation and subsequent recycling of the
20    residential CEDs collected at, and prepared for transport
21    from, the program collection sites and one-day collection
22    events included in the program during the program year; and
23        (4) submission of a report to the Agency, by March 1
24    January 31, 2020, and each March 1 January 31 thereafter,
25    which includes:

 

 

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1            (A) the total weight of all residential CEDs
2        transported from program collection sites and one-day
3        collection events throughout the State during the
4        preceding program year by CED category;
5            (B) the total weight of residential CEDs
6        transported from all program collection sites and
7        one-day collection events in each county in the State
8        during the preceding program year by CED category; and
9            (C) the total weight of residential CEDs
10        transported from all program collection sites and
11        one-day collection events in each county in the State
12        during that preceding program year and that was
13        recycled.
14    (c) Each manufacturer e-waste program The Agency shall make
15the instructions required under paragraph (2) of subsection (b)
16available on its the Agency's website by December 1, 2017, and
17the program shall provide to the Agency a hyperlink to the
18website for posting on the Agency's website.
19    (d) Nothing in this Act shall prevent a manufacturer from
20accepting, through a manufacturer e-waste program, residential
21CEDs collected through a curbside collection program that is
22operated pursuant to an agreement between a third party and a
23unit of local government located within a county or municipal
24joint action agency that has elected to participate in a
25manufacturer e-waste program.
26(Source: 100SB1417enr.)
 

 

 

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1    (100SB1417enr., Sec. 1-15)
2    Sec. 1-15. Convenience standard for program collection
3sites and one-day collection events.
4    (a) Beginning in 2019 each manufacturer e-waste program for
5a program year must include, at a minimum, program collection
6sites in the following quantities in counties that elect to
7participate in the manufacturer e-waste program for the program
8year:
9        (1) one program collection site in each county that has
10    elected to participate in the manufacturer e-waste program
11    for the program year and that has a population density that
12    is less than 250 individuals per square mile;
13        (2) two program collection sites in each county that
14    has elected to participate in the manufacturer e-waste
15    program for the program year and that has a population
16    density that is greater than or equal to 250 individuals
17    per square mile but less than 500 individuals per square
18    mile;
19        (3) three program collection sites in each county that
20    has elected to participate in the manufacturer e-waste
21    program for the program year and that has a population
22    density that is greater than or equal to 500 individuals
23    per square mile but less than 750 individuals per square
24    mile;
25        (4) four program collection sites in each county that

 

 

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1    has elected to participate in the manufacturer e-waste
2    program for the program year and that has a population
3    density that is greater than or equal to 750 individuals
4    per square mile but less than 1,000 individuals per square
5    mile;
6        (5) five program collection sites in each county that
7    has elected to participate in the manufacturer e-waste
8    program for the program year and that has a population
9    density that is greater than or equal to 1,000 individuals
10    per square mile but less than 5,000 individuals per square
11    mile; and
12        (6) fifteen ten program collection sites in each county
13    that has elected to participate in the manufacturer e-waste
14    program for the program year and that has a population
15    density that is greater than or equal to 5,000 individuals
16    per square mile.
17    For purposes of this Section, county population densities
18shall be based on the entire county's population density,
19regardless of whether a municipality or municipal joint action
20agency in the county participates in a manufacturer e-waste
21program.
22    If a municipality with a population of over 1,000,000
23residents elects notifies the program of the municipality's
24desire to participate in a manufacturer e-waste the program for
25a program year, then the program that municipality shall
26provide 10 additional receive 15 program collection sites for

 

 

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1the program year to be located in that municipality, and the
2program collection sites required under paragraph (6) of
3subsection (a) of this Section shall be that municipality in
4addition to county sites, which shall be located outside of the
5municipality.
6    If a municipal joint action agency elects to participate in
7a manufacturer e-waste program for a program year, it shall
8receive, for that year, a population-based pro rata share of
9the program collection sites that would be granted to the
10county in which the municipal joint action agency is located if
11the county were to elect to participate in the program for that
12year, rounded to the nearest whole number.
13    A designated county recycling coordinator may elect to
14operate more than the required minimum number of collection
15sites.
16    (b) Notwithstanding subsection (a) of this Section, any
17county, municipality, or municipal joint action agency the
18county recycling coordinator for a county that elects to
19participate in a manufacturer e-waste program may enter into a
20written agreement with the operators of any manufacturer
21e-waste program in order to do one or more of the following:
22        (1) to decrease the number of program collection sites
23    in the county, municipality, or territorial boundary of the
24    municipal joint action agency for the program year;
25        (2) to substitute a program collection site in the
26    county, municipality, or territorial boundary of the

 

 

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1    municipal joint action agency with either (i) 4 one-day
2    collection events in the county or (ii) a different number
3    of such events in the county as may be provided in the
4    written agreement;
5        (3) to substitute the location of a program collection
6    site in the county, municipality, or territorial boundary
7    of the municipal joint action agency for the program year
8    with another location in the county; or
9        (4) to substitute the location of a one-day collection
10    in the county, municipality, or territorial boundary of the
11    municipal joint action agency with another location; or in
12    the county.
13        (5) to use, with the agreement of the applicable
14    retailer, a retail collection site as a program collection
15    site.
16    An agreement made pursuant to paragraph paragraphs (1) or
17(2) of this subsection (b) shall be reduced to writing and
18included in the manufacturer e-waste program plan as required
19under subsection (a) of Section 1-25 of this Act.
20    (c) To facilitate the equitable allocation of covered
21electronic device collection and recycling obligations among
22manufacturers participating in a manufacturer e-waste program,
23beginning November 1, 2018 and by November 1 of each year
24thereafter, the Agency shall determine each manufacturer's
25collection obligation for each CED category that takes into
26account the market share of a manufacturer so that the

 

 

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1manufacturer's obligations are allocated based on the weight of
2the manufacturer's sales in each CED category, divided by the
3weight of all sales in each CED category multiplied by the
4proportion of the weight of CEDs in each CED category collected
5from county collection sites used in the manufacturer's e-waste
6program in the prior program year. The manufacturer's
7collection obligation calculated in this subsection (c) shall
8be expressed as a percentage.
9    (d) Nothing in this Act shall prevent a manufacturer from
10using retail collection sites to satisfy the manufacturer's
11obligations under this Section.
12(Source: 100SB1417enr.)
 
13    (100SB1417enr., Sec. 1-20)
14    Sec. 1-20. Election to participate in manufacturer e-waste
15programs. Beginning with program year 2019, a county, a
16municipal joint action agency, or a municipality with a
17population of more than 1,000,000 residents may elect to
18participate in a manufacturer e-waste program by filing having
19the county recycling coordinator file with the manufacturer
20e-waste program and the Agency, on or before March 1, 2018, and
21on or before March 1 of each year thereafter for the upcoming
22program year, a written notice of election to participate in
23the program. The written notice shall include a list of
24proposed collection locations likely to be available and
25appropriate to support the this program, and may include

 

 

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1locations already providing similar collection services. The
2written notice may include a list of registered recyclers that
3the county, municipal joint action agency, or municipality
4would prefer using for its collection sites or one-day events.
5    Counties, municipal joint action agencies, and
6municipalities with a population of more than 1,000,000
7residents County program coordinators may contract with
8registered collectors to operate collection sites. Eligible
9registered collectors are not limited to private companies and
10non-government organizations. All collectors operating county
11supervised programs shall abide by the standards in Section
121-45.
13    Should a county elect not to participate in the program, a
14municipal joint action agency, representing residents within a
15certain geographic area in the non-participating county can
16elect to participate in the e-waste program on behalf of the
17residents of the municipal joint action agency.
18(Source: 100SB1417enr.)
 
19    (100SB1417enr., Sec. 1-25)
20    Sec. 1-25. Manufacturer e-waste program plans.
21    (a) By July 1, 2018, and by July 1 of each year thereafter
22for the upcoming program year, beginning with program year
232019, each manufacturer shall, individually or as a
24manufacturer clearinghouse, submit to the Agency a
25manufacturer e-waste program plan and assume the financial

 

 

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1responsibility for bulk transportation, packaging materials
2necessary to prepare shipments in compliance with best
3practices, and recycling of collected CEDs, which includes, at
4a minimum, the following:
5        (1) the contact information for the individual who will
6    serve as the point of contact for the manufacturer e-waste
7    program;
8        (2) the identity of each county that has elected to
9    participate in the manufacturer e-waste program during the
10    program year;
11        (3) for each county, the location of each program
12    collection site and one-day collection event included in
13    the manufacturer e-waste program for the program year;
14        (4) the collector operating each program collection
15    site and one-day collection event included in the
16    manufacturer e-waste program for the program year;
17        (5) the recyclers that manufacturers plan to use during
18    the program year to transport and subsequently recycle
19    residential CEDs under the program, with the updated list
20    of recyclers to be provided to the Agency no later than
21    December 1 preceding each program year; and
22        (6) an explanation of any deviation by the program from
23    the standard program collection site distribution set
24    forth in subsection (a) of Section 1-15 of this Act for the
25    program year, along with copies of all written agreements
26    made pursuant to paragraphs (1) or (2) of subsection (b) of

 

 

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1    Section 1-15 for the program year.
2    (b) Within 60 days after receiving a manufacturer e-waste
3program plan, the Agency shall review the plan and approve the
4plan or disapprove the plan.
5        (1) If the Agency determines that the program
6    collection sites and one-day collection events specified
7    in the plan will satisfy the convenience standard set forth
8    in Section 1-15 of this Act, then the Agency shall approve
9    the manufacturer e-waste program plan and provide written
10    notification of the approval to the individual who serves
11    as the point of contact for the manufacturer. The Agency
12    shall make post the approved plan available on the Agency's
13    website.
14        (2) If the Agency determines the plan will not satisfy
15    the convenience standard set forth in Section 1-15 of this
16    Act, then the Agency shall disapprove the manufacturer
17    e-waste program plan and provide written notification of
18    the disapproval and the reasons for the disapproval to the
19    individual who serves as the point of contact for the
20    manufacturer. Within 30 days after the date of disapproval,
21    the individual who serves as the point of contact for the
22    manufacturer shall submit a revised manufacturer e-waste
23    program plan that addresses the deficiencies noted in the
24    Agency's disapproval.
25    (c) Manufacturers shall assume financial responsibility
26for carrying out their e-waste program plans, including, but

 

 

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1not limited to, financial responsibility for providing the
2packaging materials necessary to prepare shipments of
3collected residential CEDs in compliance with subsection (e) of
4Section 1-45, as well as financial responsibility for bulk
5transportation and recycling of collected residential CEDs.
6(Source: 100SB1417enr.)
 
7    (100SB1417enr., Sec. 1-30)
8    Sec. 1-30. Manufacturer registration.
9    (a) By April 1, 2018, and by April 1 of each year
10thereafter for the upcoming program year, beginning with
11program year 2019, each manufacturer who sells CEDs in the
12State must register with the Agency by: (i) submitting to the
13Agency a $5,000 $3,000 registration fee; and (ii) completing
14and submitting to the Agency the registration form prescribed
15by the Agency. Information on the registration form shall
16include, without limitation, all of the following:
17        (1) a list of all of the brands and labels under which
18    the manufacturer's CEDs are sold or offered for sale in the
19    State; and
20        (2) the total weights, by CED category, of residential
21    weight of all individual CEDs by category sold or offered
22    for sale under any of the manufacturer's brands or labels
23    in the United States during the calendar year immediately
24    preceding 2 years before the applicable program year.
25    If, during a program year, any of the manufacturer's CEDs

 

 

10000HB1955sam001- 22 -LRB100 04571 MJP 27685 a

1are sold or offered for sale in the State under a brand that is
2not listed in the manufacturer's registration, then, within 30
3days after the first sale or offer for sale under that brand,
4the manufacturer must amend its registration to add the brand.
5All registration fees collected by the Agency pursuant to this
6Section shall be deposited into the Solid Waste Management
7Fund.
8    (b) The Agency shall post on its website a list of all
9registered manufacturers.
10    (c) Beginning in program year 2019, a manufacturer whose
11CEDs are sold or offered for sale in this State for the first
12time on or after April 1 of a program year must register with
13the Agency within 30 days after the date the CEDs are first
14sold or offered for sale in the State.
15    (d) Beginning in program year 2019, manufacturers shall
16ensure that only recyclers that have registered with the Agency
17and meet the recycler standards set forth in Section 1-40 are
18used to transport or recycle residential CEDs collected at any
19program collection site or one-day collection event.
20    (e) Beginning in program year 2019, no manufacturer may
21sell or offer for sale a CED in this State unless the
22manufacturer is registered and operates a manufacturer program
23either individually or as part of the manufacturer
24clearinghouse as required in this Act.
25    (f) Beginning in program year 2019, no manufacturer may
26sell or offer for sale a CED in this State unless the

 

 

10000HB1955sam001- 23 -LRB100 04571 MJP 27685 a

1manufacturer's brand name is permanently affixed to, and is
2readily visible on, the CED.
3    (g) In accordance with a contract or agreement with a
4county, municipality, or municipal joint action agency that has
5elected to participate in a manufacturer e-waste program under
6this Act, manufacturers may, either individually or through the
7manufacturer clearinghouse, audit program collection sites and
8proposed program collection sites for compliance with the terms
9and conditions of the contract or agreement. Audits shall be
10conducted during normal business hours, and a manufacturer or
11its designee shall provide reasonable notice to the collection
12site in advance of the audit. Audits of all program collection
13sites may include, among other things, physical site location
14visits and inspections and review of processes, procedures,
15technical systems, reports, and documentation reasonably
16related to the collecting, sorting, packaging, and recycling of
17residential CEDs in compliance with this Act.
18    (h) Nothing in this Act shall require a manufacturer or
19manufacturer e-waste program to collect, transport, or recycle
20any CEDs other than residential CEDs, or to accept for
21transport or recycling any pallet or bulk container of
22residential CEDs that has not been prepared by the collector
23for shipment in accordance with subsection (e) of Section 1-45.
24(Source: 100SB1417enr.)
 
25    (100SB1417enr., Sec. 1-35)

 

 

10000HB1955sam001- 24 -LRB100 04571 MJP 27685 a

1    Sec. 1-35. Retailer responsibilities.
2    (a) Beginning in program year 2019, no retailer who first
3sells, through a sales outlet, catalogue, or the Internet, a
4CED at retail to an individual for residential use may sell or
5offer for sale any CED in or for delivery into this State
6unless:
7        (1) the CED is labeled with a brand, and the label is
8    permanently affixed and readily visible; and
9        (2) the manufacturer is registered with the Agency at
10    the time the retailer purchases the CED.
11    (b) A retailer shall be considered to have complied with
12paragraphs (1) and (2) of subsection (a) if:
13        (1) a manufacturer registers with the Agency agency
14    within 30 days of a retailer taking possession of the
15    manufacturer's CED;
16        (2) a manufacturer's registration expires and the
17    retailer ordered the CED prior to the expiration, in which
18    case the retailer may sell the CED, but only if the sale
19    takes place within 180 days of the expiration; or
20        (3) a manufacturer is no longer conducting business and
21    has no successor in interest, in which case the retailer
22    may sell any orphan CED ordered prior to the
23    discontinuation of business.
24    (c) Retailers shall not be considered collectors under the
25convenience standard and retail collection sites shall not be
26considered a collection site for the purposes of the

 

 

10000HB1955sam001- 25 -LRB100 04571 MJP 27685 a

1convenience standard pursuant to Sections 1-10, 1-15, and 1-25
2unless otherwise agreed to in writing by the (i) retailer, (ii)
3operators of the manufacturer manufacture e-waste program, and
4(iii) the applicable county, municipal joint action agency, or
5municipality coordinator. If retailers agree to participate in
6a county program collection site, then the retailer collection
7site does not have to collect all CEDs or register as a
8collector.
9    (d) Manufacturers may use retail collection sites for
10satisfying some or all of their obligations pursuant to
11Sections 1-10, 1-15 and 1-25.
12    (e) Nothing in this Act shall prohibit a retailer from
13collecting a fee for each CED collected.
14(Source: 100SB1417enr.)
 
15    (100SB1417enr., Sec. 1-40)
16    Sec. 1-40. Recycler responsibilities.
17    (a) By January 1, 2019, and by January 1 of each year
18thereafter for that program year, beginning with program year
192019, each recycler must register with the Agency by (i)
20submitting to the Agency a $3,000 registration fee and (ii)
21completing and submitting to the Agency the registration form
22prescribed by the Agency. The registration form prescribed by
23the Agency shall include, without limitation, the address of
24each location where the recycler manages residential CEDs
25collected through a manufacturer e-waste program and the

 

 

10000HB1955sam001- 26 -LRB100 04571 MJP 27685 a

1certification required under subsection (d) of this Section.
2All registration fees collected by the Agency pursuant to this
3Section shall be deposited into the Solid Waste Management
4Fund.
5    (a-5) The Agency may deny a registration under this Section
6if the recycler or any employee or officer of the recycler has
7a history of:
8        (1) repeated violations of federal, State, or local
9    laws, regulations, standards, or ordinances related to the
10    collection, recycling, or other management of CEDs;
11        (2) conviction in this State or another state of any
12    crime which is a felony under the laws of this State, or
13    conviction of a felony in a federal court; or conviction in
14    this State or another state or federal court of any of the
15    following crimes: forgery, official misconduct, bribery,
16    perjury, or knowingly submitting false information under
17    any environmental law, regulation, or permit term or
18    condition; or
19        (3) gross carelessness or incompetence in handling,
20    storing, processing, transporting, disposing, or otherwise
21    managing CEDs.
22    (b) The Agency shall post on the Agency's website a list of
23all registered recyclers and the information requested by
24subsection (d) of Section 1-40.
25    (c) Beginning in program year 2019, no person may act as a
26recycler of residential CEDs for a manufacturer's e-waste

 

 

10000HB1955sam001- 27 -LRB100 04571 MJP 27685 a

1program unless the recycler is registered with the Agency as
2required under this Section.
3    (d) Beginning in program year 2019, recyclers must, as a
4part of their annual registration, certify compliance at a
5minimum, comply with all of the following requirements:
6        (1) Recyclers must comply with federal, State, and
7    local laws and regulations, including federal and State
8    minimum wage laws, specifically relevant to the handling,
9    processing, and recycling of residential CEDs and must have
10    proper authorization by all appropriate governing
11    authorities to perform the handling, processing, and
12    recycling.
13        (2) Recyclers must implement the appropriate measures
14    to safeguard occupational and environmental health and
15    safety, through the following:
16            (A) environmental health and safety training of
17        personnel, including training with regard to material
18        and equipment handling, worker exposure, controlling
19        releases, and safety and emergency procedures;
20            (B) an up-to-date, written plan for the
21        identification and management of hazardous materials;
22        and
23            (C) an up-to-date, written plan for reporting and
24        responding to exceptional pollutant releases,
25        including emergencies such as accidents, spills,
26        fires, and explosions.

 

 

10000HB1955sam001- 28 -LRB100 04571 MJP 27685 a

1        (3) Recyclers must maintain (i) commercial general
2    liability insurance or the equivalent corporate guarantee
3    for accidents and other emergencies with limits of not less
4    than $1,000,000 per occurrence and $1,000,000 aggregate
5    and (ii) pollution legal liability insurance with limits
6    not less than $1,000,000 per occurrence for companies
7    engaged solely in the dismantling activities and
8    $5,000,000 per occurrence for companies engaged in
9    recycling.
10        (4) Recyclers must maintain on file documentation that
11    demonstrates the completion of an environmental health and
12    safety audit completed and certified by a competent
13    internal and external auditor annually. A competent
14    auditor is an individual who, through professional
15    training or work experience, is appropriately qualified to
16    evaluate the environmental health and safety conditions,
17    practices, and procedures of the facility. Documentation
18    of auditors' qualifications must be available for
19    inspection by Agency officials and third-party auditors.
20        (5) Recyclers must maintain on file proof of workers'
21    compensation and employers' liability insurance.
22        (6) Recyclers must provide adequate assurance, such as
23    bonds or corporate guarantees, to cover environmental and
24    other costs of the closure of the recycler's facility,
25    including cleanup of stockpiled equipment and materials.
26        (7) Recyclers must apply due diligence principles to

 

 

10000HB1955sam001- 29 -LRB100 04571 MJP 27685 a

1    the selection of facilities to which components and
2    materials, such as plastics, metals, and circuit boards,
3    from residential CEDs are sent for reuse and recycling.
4        (8) Recyclers must establish a documented
5    environmental management system that is appropriate in
6    level of detail and documentation to the scale and function
7    of the facility, including documented regular self-audits
8    or inspections of the recycler's environmental compliance
9    at the facility.
10        (9) Recyclers must use the appropriate equipment for
11    the proper processing of incoming materials as well as
12    controlling environmental releases to the environment. The
13    dismantling operations and storage of residential CED
14    components that contain hazardous substances must be
15    conducted indoors and over impervious floors. Storage
16    areas must be adequate to hold all processed and
17    unprocessed inventory. When heat is used to soften solder
18    and when residential CED components are shredded,
19    operations must be designed to control indoor and outdoor
20    hazardous air emissions.
21        (10) Recyclers must establish a system for identifying
22    and properly managing components, such as circuit boards,
23    batteries, cathode-ray tubes, and mercury phosphor lamps,
24    that are removed from residential CEDs during disassembly.
25    Recyclers must properly manage all hazardous and other
26    components requiring special handling from residential

 

 

10000HB1955sam001- 30 -LRB100 04571 MJP 27685 a

1    CEDs consistent with federal, State, and local laws and
2    regulations. Recyclers must provide visible tracking, such
3    as hazardous waste manifests or bills of lading, of
4    hazardous components and materials from the facility to the
5    destination facilities and documentation, such as
6    contracts, stating how the destination facility processes
7    the materials received. No recycler may send, either
8    directly or through intermediaries, hazardous wastes to
9    solid non-hazardous waste landfills or to non-hazardous
10    waste incinerators for disposal or energy recovery. For the
11    purpose of these guidelines, smelting of hazardous wastes
12    to recover metals for reuse in conformance with all
13    applicable laws and regulations is not considered disposal
14    or energy recovery.
15        (11) Recyclers must use a regularly implemented and
16    documented monitoring and record-keeping program that
17    tracks total inbound residential CED material weights and
18    total subsequent outbound weights to each destination,
19    injury and illness rates, and compliance with applicable
20    permit parameters including monitoring of effluents and
21    emissions. Recyclers must maintain contracts or other
22    documents, such as sales receipts, suitable to
23    demonstrate: (i) the reasonable expectation that there is a
24    downstream market or uses for designated electronics,
25    which may include recycling or reclamation processes such
26    as smelting to recover metals for reuse; and (ii) that any

 

 

10000HB1955sam001- 31 -LRB100 04571 MJP 27685 a

1    residuals from recycling or reclamation processes, or
2    both, are properly handled and managed to maximize reuse
3    and recycling of materials to the extent practical.
4        (12) Recyclers must employ industry-accepted
5    procedures for the destruction or sanitization of data on
6    hard drives and other data storage devices. Acceptable
7    guidelines for the destruction or sanitization of data are
8    contained in the National Institute of Standards and
9    Technology's Guidelines for Media Sanitation or those
10    guidelines certified by the National Association for
11    Information Destruction.
12        (13) No recycler may employ prison labor in any
13    operation related to the collection, transportation, and
14    recycling of CEDs. No recycler may employ any third party
15    that uses or subcontracts for the use of prison labor.
16    (e) Each recycler shall, during each calendar year,
17transport from each site that the recycler uses to manage
18residential CEDs not less than 75% of the total weight of
19residential CEDs present at the site during the preceding
20calendar year. Each recycler shall maintain on-site records
21that demonstrate compliance with this requirement and shall
22make those records available to the Agency for inspection and
23copying.
24    (f) Nothing in this Act shall prevent a person from acting
25as a recycler independently of a manufacturer e-waste program.
26(Source: 100SB1417enr.)
 

 

 

10000HB1955sam001- 32 -LRB100 04571 MJP 27685 a

1    (100SB1417enr., Sec. 1-45)
2    Sec. 1-45. Collector responsibilities.
3    (a) By January 1, 2019, and by January 1 of each year
4thereafter for that program year, beginning with program year
52019, a person acting as a collector under a manufacturer
6e-waste program shall register with the Agency by completing
7and submitting to the Agency the registration form prescribed
8by the Agency. The registration form prescribed by the Agency
9must include, without limitation, the address of each location
10at which the collector accepts residential CEDs.
11    (a-5) The Agency may deny a registration under this Section
12if the collector or any employee or officer of the collector
13has a history of:
14        (1) repeated violations of federal, State, or local
15    laws, regulations, standards, or ordinances related to the
16    collection, recycling, or other management of CEDs;
17        (2) conviction in this State or another state of any
18    crime which is a felony under the laws of this State, or
19    conviction of a felony in a federal court; or conviction in
20    this State or another state or federal court of any of the
21    following crimes: forgery, official misconduct, bribery,
22    perjury, or knowingly submitting false information under
23    any environmental law, regulation, or permit term or
24    condition; or
25        (3) gross carelessness or incompetence in handling,

 

 

10000HB1955sam001- 33 -LRB100 04571 MJP 27685 a

1    storing, processing, transporting, disposing, or otherwise
2    managing CEDs.
3    (b) The Agency shall post on the Agency's website a list of
4all registered collectors.
5    (c) Manufacturers and recyclers acting as collectors shall
6so indicate on their registration under Section 1-30 or 1-40 of
7this Act.
8    (d) By March 1 January 31, 2020 and every March 1 January
931 thereafter, each collector that operates a program
10collection site or one-day collection event shall report, to
11the Agency and to the manufacturer e-waste program, the total
12weight, by CED category, of residential CEDs transported from
13the program collection site or one-day collection event during
14the previous program year its previous program year data on
15CEDs collected to the Agency and manufacturer clearinghouse to
16assist in satisfying a manufacturer's obligation pursuant to
17subsection (c) of Section 1-15.
18    (e) Each collector that operates a program collection site
19or one-day event shall ensure that the collected residential
20CEDs are sorted and loaded in compliance with local, State, and
21federal law and in accordance with best practices recommended
22by the recycler and Section 1-85 of this Act. In addition, at a
23minimum, the collector shall also comply with the following
24requirements:
25        (1) residential all CEDs must be accepted at the
26    program collection site or one-day collection event unless

 

 

10000HB1955sam001- 34 -LRB100 04571 MJP 27685 a

1    otherwise provided in this Act;
2        (2) residential CEDs shall be kept separate from other
3    material and shall be:
4            (A) packaged in a manner to prevent breakage; and
5            (B) loaded onto pallets and secured with plastic
6        wrap or in pallet-sized bulk containers prior to
7        shipping; and
8            (C) on average per collection site 18,000 pounds
9        per shipment, and if not then the recycler may charge
10        the collector a prorated prorate charge on the
11        shortfall in weight, not to exceed $600; .
12        (3) residential CEDs shall be sorted into the following
13    categories:
14            (A) computer monitors and televisions containing a
15        cathode-ray tube, other than televisions with wooden
16        exteriors;
17            (B) computer monitors and televisions containing a
18        flat panel screen;
19            (C) all other covered televisions that are
20        residential CEDs;
21            (D) computers;
22            (E) all other residential CEDs; and
23            (F) any electronic device that is not part of the
24        manufacturer program that the collector has arranged
25        to have picked up with residential CEDs and for which a
26        financial arrangement has been made to cover the

 

 

10000HB1955sam001- 35 -LRB100 04571 MJP 27685 a

1        recycling costs outside of the manufacturer program;
2        and
3        (4) containers holding the CEDs must be structurally
4    sound for transportation; and .
5        (5) each shipment of residential CEDs from a program
6    collection site or one-day collection event shall include a
7    collector-prepared bill of lading or similar manifest,
8    which describes the origin of the shipment and the number
9    of pallets or bulk containers of residential CEDs in the
10    shipment.
11    (f) (e) Except as provided in subsection (g) (f) of this
12Section, each collector that operates a program collection site
13or one-day collection event during a program year shall accept
14all residential CEDs that are delivered to the program
15collection site or one-day collection event during the program
16year.
17    (g) (f) No collector that operates a program collection
18site or one-day collection event shall:
19        (1) accept, at the program collection site or one-day
20    collection event, more than 7 residential CEDs from an
21    individual at any one time; .
22        (2) scrap, salvage, dismantle, or otherwise
23    disassemble any residential CED collected at a program
24    collection site or one-day collection event;
25        (3) deliver to a manufacturer e-waste program, through
26    its recycler, any CED other than a residential CED

 

 

10000HB1955sam001- 36 -LRB100 04571 MJP 27685 a

1    collected at a program collection site or one-day
2    collection event; or
3        (4) deliver to a person other than the manufacturer
4    e-waste program or its recycler, a residential CED
5    collected at a program collection site or one-day
6    collection event.
7    (h) (g) Beginning in program year 2019, registered
8collectors participating in county supervised collection
9programs may collect a fee for each desktop computer monitor or
10television accepted for recycling to cover costs for collection
11and preparation for bulk shipment or to cover costs associated
12with the requirements of cost for subsection (e) of Section
131-45.
14    (i) (h) Nothing in this Act shall prevent a person an
15individual from acting as a collector independently of a
16manufacturer e-waste program.
17(Source: 100SB1417enr.)
 
18    (100SB1417enr., Sec. 1-50)
19    Sec. 1-50. Penalties.
20    (a) Except as otherwise provided in this Act, any person
21who violates any provision of this Act is liable for a civil
22penalty of $7,000 per $1,000 for the violation, provided that
23the penalty for failure to register or pay a fee under this Act
24shall be double the applicable registration fee.
25    (b) The penalties provided for in this Section may be

 

 

10000HB1955sam001- 37 -LRB100 04571 MJP 27685 a

1recovered in a civil action brought in the name of the people
2of the State of Illinois by the State's Attorney of the county
3in which the violation occurred or by the Attorney General. Any
4penalties collected under this Section in an action in which
5the Attorney General has prevailed shall be deposited in the
6Environmental Protection Trust Fund, to be used in accordance
7with the provisions of the Environmental Protection Trust Fund
8Act.
9    (c) The Attorney General or the State's Attorney of a
10county in which a violation occurs may institute a civil action
11for an injunction, prohibitory or mandatory, to restrain
12violations of this Act or to require such actions as may be
13necessary to address violations of this Act.
14    (d) A fine imposed by administrative citation pursuant to
15Section 1-55 of this Act shall be $1,000 per violation, plus
16any hearing costs incurred by the Illinois Pollution Control
17Board and the Agency. Such fines shall be made payable to the
18Environmental Protection Trust Fund to be used in accordance
19with the Environmental Protection Trust Fund Act.
20    (e) The penalties and injunctions provided in this Act are
21in addition to any penalties, injunctions, or other relief
22provided under any other law. Nothing in this Act bars a cause
23of action by the State for any other penalty, injunction, or
24other relief provided by any other law.
25    (f) A knowing violation of subsections (a), (b), or (c) of
26Section 1-83 of this Act by anyone other than a residential

 

 

10000HB1955sam001- 38 -LRB100 04571 MJP 27685 a

1consumer is a petty offense punishable by a fine of $500. A
2knowing violation of subsections (a), (b), or (c) of Section
31-83 by a residential consumer is a petty offense punishable by
4a fine of $25 for a first violation; however, a subsequent
5violation by a residential consumer is a petty offense
6punishable by a fine of $50.
7    (g) Any person who knowingly makes a false, fictitious, or
8fraudulent material statement, orally or in writing, to the
9Agency, related to or required by this Act or any rule adopted
10under this Act commits a Class 4 felony, and each such
11statement or writing shall be considered a separate Class 4
12felony. A person who, after being convicted under this
13subsection (g), violates this subsection (g) a second or
14subsequent time, commits a Class 3 felony.
15(Source: 10000SB1417enr.)
 
16    (100SB1417enr., Sec. 1-55)
17    Sec. 1-55. Administrative citations.
18    (a) Any violation of a registration requirement in Sections
191-30, 1-40, or 1-45 of this Act, any violation of the reporting
20requirement in paragraph (4) of subsection (b) of Section 1-10
21of this Act, and any violation of a the plan submission
22requirement in subsection (a) of Section 1-25 of this Act shall
23be enforceable by administrative citation issued by the Agency.
24Whenever Agency personnel shall, on the basis of direct
25observation, determine that any person has violated any of

 

 

10000HB1955sam001- 39 -LRB100 04571 MJP 27685 a

1those provisions, the Agency may issue and serve, within 60
2days after the observed violation, an administrative citation
3upon that person. Each citation shall be served upon the person
4named or the person's authorized agent for service of process
5and shall include the following:
6        (1) a statement specifying the provisions of this Act
7    that the person has violated;
8        (2) the penalty imposed under subsection (d) of Section
9    1-50 of this Act for that violation; and
10        (3) an affidavit by the personnel observing the
11    violation, attesting to their material actions and
12    observations.
13    (b) If the person named in the administrative citation
14fails to petition the Illinois Pollution Control Board for
15review within 35 days after the date of service, then the Board
16shall adopt a final order, which shall include the
17administrative citation and findings of violation as alleged in
18the citation and shall impose the penalty specified in
19subsection (d) of Section 1-50 of this Act.
20    (c) If a petition for review is filed with the Board to
21contest an administrative citation issued under this Section,
22then the Agency shall appear as a complainant at a hearing
23before the Board to be conducted pursuant to subsection (d) of
24this Section at a time not less than 21 days after notice of
25the hearing has been sent by the Board to the Agency and the
26person named in the citation. In those hearings, the burden of

 

 

10000HB1955sam001- 40 -LRB100 04571 MJP 27685 a

1proof shall be on the Agency. If, based on the record, the
2Board finds that the alleged violation occurred, then the Board
3shall adopt a final order, which shall include the
4administrative citation and findings of violation as alleged in
5the citation, and shall impose the penalty specified in
6subsection (d) of Section 1-50 of this Act. However, if the
7Board finds that the person appealing the citation has shown
8that the violation resulted from uncontrollable circumstances,
9then the Board shall adopt a final order that makes no finding
10of violation and imposes no penalty.
11    (d) All hearings under this Section shall be held before a
12qualified hearing officer, who may be attended by one or more
13members of the Board, designated by the Chairman. All of these
14hearings shall be open to the public, and any person may submit
15written statements to the Board in connection with the subject
16of these hearings. In addition, the Board may permit any person
17to offer oral testimony. Any party to a hearing under this
18Section may be represented by counsel, make oral or written
19argument, offer testimony, cross-examine witnesses, or take
20any combination of those actions. All testimony taken before
21the Board shall be recorded stenographically. The transcript so
22recorded and any additional matter accepted for the record
23shall be open to public inspection, and copies of those
24materials shall be made available to any person upon payment of
25the actual cost of reproducing the original.
26(Source: 100SB1417enr.)
 

 

 

10000HB1955sam001- 41 -LRB100 04571 MJP 27685 a

1    (S.B. 1417, 100th G.A., Sec. 1-84 new)
2    Section 1-84. Allocation of financial responsibilities
3among manufacturers.
4    (a) Within 9 months after its receipt of the rulemaking
5proposal described in subsection (b) of this Section, the
6Pollution Control Board shall adopt rules regarding the
7allocation of financial responsibilities for the
8transportation and recycling of collected residential CEDs
9among manufacturers participating in a manufacturer e-waste
10program. To ensure the equitable and efficient allocation of
11those obligations, the rules adopted by the Pollution Control
12Board shall include a formula that shall be used by
13manufacturers to identify their proportional responsibility
14for the transportation and recycling of collected residential
15CEDs. The formula developed by the Pollution Control Board
16shall take into consideration each manufacturer's market and
17return shares and any other factors the Pollution Control Board
18deems relevant. The rules adopted by the Pollution Control
19Board under this Section shall also allow manufacturers to use
20retail collection sites to satisfy some or all of their
21responsibilities for the transportation and recycling of
22collected residential CEDs.
23    (b) To assist the Pollution Control Board, there is hereby
24created an Advisory Financial Responsibility Allocation Task
25Force, which shall consist of the following members, to be

 

 

10000HB1955sam001- 42 -LRB100 04571 MJP 27685 a

1appointed by the Director of the Environmental Protection
2Agency:
3        (1) one individual who is a representative of a
4    statewide association representing retailers;
5        (2) one individual who is a representative of a
6    statewide association representing manufacturers;
7        (3) one individual who is a representative of a
8    national association representing manufacturers of
9    consumer electronics; and
10        (4) one individual who is a representative of a
11    national association representing the information
12    technology industry.
13    As soon as practicable after the effective date of this
14amendatory Act of the 100th General Assembly, members of the
15Advisory Financial Responsibility Allocation Task Force shall
16be appointed and meet. The Advisory Financial Responsibility
17Allocation Task Force shall file with the Pollution Control
18Board, by no later than October 1, 2017, a rulemaking proposal,
19which sets forth a system for allocating financial
20responsibilities for the transportation and recycling of
21collected CEDs among manufacturers participating in a
22manufacturer e-waste program.
23    Members of the Advisory Financial Responsibility
24Allocation Task Force shall serve voluntarily and without
25compensation.
26    Members of the Advisory Financial Responsibility

 

 

10000HB1955sam001- 43 -LRB100 04571 MJP 27685 a

1Allocation Task Force shall elect from their number a
2chairperson. The Task Force shall meet initially at the call of
3the Director of the Agency and thereafter at the call of the
4chairperson. A simple majority of the members of the Task Force
5shall constitute a quorum for the transaction of business, and
6all actions and recommendations of the Task Force must be
7approved by a simple majority of its members.
8    (c) The rulemaking required under this Section shall be
9conducted in accordance with Title VII of the Environmental
10Protection Act, except that no signed petitions for the
11rulemaking proposal shall be required.
12    (d) The Agency shall provide administrative support to the
13Task Force as needed.
14    (e) The Advisory Financial Responsibility Allocation Task
15Force is dissolved by operation of law on January 1, 2019.
 
16    (100SB1417enr., Sec. 1-85)
17    Sec. 1-85. Advisory Electronics Recycling Task Force Best
18practices.
19    (a) There is hereby created an Advisory Electronics
20Recycling Task Force, which shall consist of the following 10
21By November 1, 2018 and November 1 of each year thereafter, an
22advisory stakeholder group shall submit a document, to be
23approved annually by a majority of the stakeholder group, of
24agreed-to best practices to be used in the following program
25year and made available on the Agency website. The best

 

 

10000HB1955sam001- 44 -LRB100 04571 MJP 27685 a

1practices stakeholder group shall be made up of 8 members, to
2be appointed by the Director of the Agency:
3        (1) two individuals who are , including 2
4    representatives of county recycling programs; ,
5        (2) two individuals who are 2 representatives of
6    recycling companies; ,
7        (3) two individuals who are 2 representatives from the
8    manufacturing industry; ,
9        (4) one individual who is a one representative of from
10    a statewide trade association representing retailers; ,
11        (5) one individual who is a one representative of a
12    statewide trade association representing manufacturers; ,
13        (6) one individual who is a one representative of a
14    statewide trade association representing waste disposal
15    companies; , and
16        (7) one individual who is a one representative of a
17    national trade association representing manufacturers.
18    Members of the Task Force shall be appointed as soon as
19practicable after the effective date of this amendatory Act of
20the 100th General Assembly, shall serve for 2-year terms, and
21may be reappointed. Vacancies shall be filled by the Director
22of the Agency for the remainder of the current term. Members
23shall serve voluntarily and without compensation.
24    Members shall elect from their number a chairperson, who
25shall also serve a 2-year term. The Task Force shall meet
26initially at the call of the Director of the Agency and

 

 

10000HB1955sam001- 45 -LRB100 04571 MJP 27685 a

1thereafter at the call of the chairperson. A simple majority of
2the members of the Task Force shall constitute a quorum for the
3transaction of business, and all actions and recommendations of
4the Task Force must be approved by a simple majority of its
5members.
6    (b) By November 1, 2018, and each November 1 thereafter,
7the Task Force shall submit, to the Agency for posting on the
8Agency's website, a list of agreed-to best practices to be used
9at program collection sites and one-day collection events in
10the following program year. When establishing best practices,
11the Task Force shall consider the desired intent to preserve
12existing collection programs and relationships when possible.
13    (c) The Agency shall provide the Task Force with
14administrative support as necessary.
15(Source: 100SB1417enr.)
 
16    (100SB1417enr, Sec. 1-60 rep.)
17    Section 7. If and only if Senate Bill 1417 of the 100th
18General Assembly becomes law, then Section 1-60 of the Consumer
19Electronics Recycling Act is repealed.
 
20    Section 10. If and only if Senate Bill 1417 of the 100th
21General Assembly becomes law, then Section 100 of the
22Electronic Products Recycling and Reuse Act is amended as
23follows:
 

 

 

10000HB1955sam001- 46 -LRB100 04571 MJP 27685 a

1    (415 ILCS 150/100)
2    Sec. 100. Repeal. This Act is repealed on January 1, 2020
32019.
4(Source: 100SB1417enr.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law or on the date the Consumer Electronics Recycling
7Act takes effect, whichever is later.".