SB1583 95TH GENERAL ASSEMBLY

LRB095 10779 CMK 31021 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1583

Introduced 2/9/2007, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

New Act

Creates the Electronic Scrap Recycling Act. Requires the creation of a not-for-profit, public-benefit corporation to manage the State collection, transportation, and recycling system for electronic devices that are covered under the Act. Sets forth the composition, duties, and responsibilities of the not-for-profit, public-benefit corporation. Prohibits the sale of those covered electronic devices by a manufacturer who (i) is not in compliance with the Act or (ii) fails to permanently label the device with the manufacturer's brand. Requires certain manufacturers of covered electronic devices to register with the not-for-profit, public-benefit corporation. Requires audits of covered electronic device retailers and the not-for-profit, public-benefit corporation. Imposes a fee on manufacturers of covered electronic devices, and sets forth procedures for calculating the fee. Prohibits the sale of any covered electronic devices containing mercury, cadmium, lead, hexavalent chromium, polybrominated biphenyls, or polybrominated diphenyl ethers. Requires the not-for-profit, public-benefit corporation to develop a minimum level of environmental design for all covered electronic devices sold in the State. Allows certain manufacturers to establish a self-recycling program. Prohibits the disposal of the devices into a landfill or by incineration. Requires retailers of covered electronic devices to post educational material provided by the not-for-profit, public-interest corporation. Requires the recyclers of covered electronic devices to follow federal recycling guidelines. Contains other provisions. Effective immediately except that specified Sections apply and become operative on January 1, 2008.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Electronic Scrap Recycling Act.

Section 5. Purpose.

(1) The General Assembly finds:

(a) that discarded electronic devices, known as E-scrap, is the fastest growing portion of materials found as discards in the waste stream with more than 100,000,000 cell phones discarded annually and 160,000 televisions and computers every day;

(b) that hazardous materials such as lead, mercury, cadmium, hexavalent chromium and other chemicals are found in many electronic devices and, if improperly managed, may pose environmental risks at the products' end-of-life;

(c) that many electronic devices that become obsolete for a given user can in fact be refurbished and redeployed for reuse to a secondary user that can utilize the devices to enhance educational and technological capabilities of Illinois residents;

(d) that valuable commodities including steel, glass, plastics, and precious metals can be successfully recovered and recycled, thus conserving natural resources and energy, as well as reducing air and water pollution, and greenhouse gas emissions;

(e) that the State has adopted a hierarchy to manage wastes which places reuse and recycling as the preferred management strategy over incineration and landfill disposal options;

(f) that the Illinois Recycling Economic Information Study of 2001 estimates that the total economic impact of establishing statewide recycling and reuse programs for E-scrap may result in the creation of nearly 4,000 new jobs and $740 million in annual receipts;

(g) that the State-appointed Computer Equipment Disposal and Recycling Commission issued a final report in May 2006 recommending legislative, regulatory, or other actions to properly address E-scrap management.

(2) It is the purpose of this Act to establish the Illinois Materials Management and Financing Authority, a not-for-profit public benefit corporation, to develop and manage an environmentally sound statewide system for the collection and recycling of electronic devices in accordance with State policy.

Section 10. Definitions. When used in this Act, unless the context clearly indicates otherwise, the following terms have the meanings ascribed to them in this Section:

"Agency" means the Illinois Environmental Protection Agency.

"Authority" means the Illinois Materials Management and Financing Authority as defined in Section 20 of this Act.

"Basel Convention" means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and is a global agreement ratified by over 100 member countries addressing the problems and challenges posed by hazardous waste. It aims to minimize the generation of hazardous wastes in terms of quantity and hazardousness, to dispose of them as close to the source of generation as possible, and to reduce the movement of hazardous wastes.

"Broker" is a person who engages in the buying, selling, and trading of CEDs.

"Cathode ray tube" or "CRT" means a vacuum tube or picture tube used to convert an electronic signal into a visual image (e.g. a computer monitor).

"Cellular telephone" means a hand-held mobile radiotelephone, normally equipped with a viewing screen less than 4 inches when measured diagonally, for use in an area divided into small sections, each with its own short-range transmitter/receiver.

"Computer" means an electronic, magnetic, optical, electrochemical, or other highspeed data processing device performing logical, arithmetic, or storage functions, and may include both a computer central processing unit and a monitor, but does not include an automated typewriter, electronic printer, portable hand-held calculator, portable digital assistant (PDA), or other similar device.

"Computer peripheral" means a device that is external to but connected with and controlled by a computer central processing unit, such as a zip drive, scanner, cable, mouse, keyboard or similar device.

"Covered electronic device or CED" means a computer, portable computer, electronic printer, computer peripheral, video display device, video display device peripheral, facsimile machine, cellular telephone, portable calculator, PDA, and electronic encoding/decoding audio data storage and retrieval device.

"Demanufacturing" means the process of separating CEDs into metallic and non-metallic parts that can be recycled or reused.

"Design for environment" means: (1) an environmental manufacturing process that reduces the level of toxic materials utilized in the manufacturing and production of a product and (2) designing products that are easier to disassemble and recycle.

"Dismantling" means the manual demanufacturing of CEDs to reuse or recycle components and commodities contained therein.

"Downstream recycler" means a person that receives CEDs from a recycler or broker for additional processing or disposition.

"E-cycling" is a generic term applied to electronic devices involving the process of collecting, demanufacturing, refurbishing, or recycling electronic discards.

"Electronic device" means an instrument that accomplishes its purpose by controlling the flow of electrons through inputs, processing, and outputs.

"E-scrap" is an informal name for electronic products at the end of their useful life. The term is generally applied to consumer and business electronic equipment and includes, but is not limited to, computers and their associated peripheral equipment, as well as televisions, video cassette recorders, digital video disc players, stereos, copiers, facsimile machines, and cellular phones.

"Legacy CEDs" means those CEDs that are no longer manufactured or sold, but whose original manufacturer is still conducting business, or whose original manufacturer's successor in interest can be identified.

"Manufacturer" means any person who, on or after the effective date of this Act, and irrespective of the selling technique used, including by means of remote sale:

(1) manufactures CEDs under its own brand for sale in this State;

(2) manufactures CEDs for sale in this State without affixing a brand;

(3) resells in this State CEDs produced by other suppliers under its own brand or label; or

(4) imports or exports CEDs into the United States that are sold in this State. If, however, a company from which an importer purchases the merchandise has a United States presence, assets, or both, that company (and not the importer) shall be deemed to be the manufacturer.

"Monitor" means a separate visual display component of a computer, either sold separately or together with a computer central processing unit box. A monitor is made up of: (i) a cathode ray tube; liquid crystal display; gas plasma; digital light processing; or other image projection technology greater than 4 inches when measured diagonally; (ii) a case; (iii) interior wires and circuitry; (iv) a cable to the central processing unit; and (v) a power cord.

"Orphan CEDs" means those CEDs that are returned for recycling or reuse for which the manufacturer cannot be identified or is no longer conducting business and has no successor in interest.

"Person" means any individual, partnership, cooperative enterprise, unit of local government, institution, corporation or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

"Portable computer" means a computer and video display greater than 4 inches in size when measured diagonally that can be carried as one unit by an individual (e.g. a laptop computer).

"Processing" means the mechanical demanufacturing of CEDs to recover various commodities contained therein.

"Recycler" means a person that engages in recycling of CEDs.

"Recycling" means any process by which CEDs that would otherwise be disposed of or discarded are collected, separated, demanufactured, or processed and are returned to the economic mainstream in the form of raw materials or products.

"Recycling facility" means all contiguous land, structures, other appurtenances, and improvements used for demanufacturing, dismantling, or processing of CEDs for recycling or reuse. A recycling facility does not include a location to refurbish CEDs.

"Refurbish" means a process by which non-functioning or damaged electronic devices or products are returned to a functioning state.

"Retailer" means a person who owns or operates a business that sells new CEDs in this State by any means to an end user.

"Reuse" means the recovery or reapplication of a CED in a manner that retains its original form or identity and does not involve processes that significantly alter its original condition or its intended purpose.

"Video display device" means an output surface having a viewable area greater than 4 inches when measured diagonally that displays moving graphical images or a visual representation of image sequences or pictures, showing a number of quickly changing images on a screen in fast succession to create the illusion of motion, including, if applicable, a device that is an integral part of the display that produces the moving image on the screen. Displays typically use a CRT, liquid crystal display, gas plasma, digital light processing, or other image projection technology.

"Video display device peripherals" means a device that is external to, but connected to, a video display device for the purpose of viewing media such as video game consoles, video cassette recorders/players, digital video disk players, or similar devices.

Section 15. Scope of covered electronic devices (CEDs). This Act covers the first sale of new CEDs. This Act does not cover any of the following:

(1) A CED that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.

(2) A CED that is functionally or physically a part of a larger piece of equipment designed and intended for use in an industrial, commercial, agricultural, or medical setting, including diagnostic, monitoring, or control equipment.

(3) A CED that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, water pump, sump pump, or air purifier.

(4) Small consumer electronic devices including wristwatches, timers and clocks; sonar and fish locators; radar detectors; thermometers; hand-held calculators; levels, tape measures, stud finders, and other electronic building supplies; garage door openers; games; range finders; and other similar devices.

The Authority shall, on an annual basis, review the electronics marketplace and shall be empowered to determine which, if any, additional products shall be added to or deleted from the list of CEDs defined in this Section.

Section 20. Recycling system management.

(a) The Illinois Materials Management and Financing Authority, a not-for-profit, public benefit corporation, is established as a public body corporate and politic, constituting an instrumentality of the State exercising essential governmental functions. The Authority shall be created by January 1, 2008, with all administrative personnel as approved by the Authority board of directors hired, and shall be solely responsible for managing a cost-efficient and environmentally sound State collection, transportation, and recycling system for CEDs. The Authority will be funded via the fees described in Section 25 of this Act. The Authority will be organized as follows:

(1) The Authority is governed by a 15-member board of directors, the chair of which shall be appointed by the Governor. One member of the board of directors shall be appointed by the Speaker of the House of Representatives, one member appointed by the Minority Leader of the House of Representatives, one member appointed by the President of the Senate, and one member appointed by the Minority Leader of the Senate. The remaining 10 members shall be comprised, first, of 6 participating manufacturers, appointed by the director of the Agency, and must include both television and computer manufacturers. Three of the 6 manufacturer board positions are reserved for representatives of the top 3 brand owners by return share of CEDs, and 3 board positions are reserved for representatives of other brands, including at least one board position reserved for a manufacturer who is also a retailer selling its own private label. The remaining 4 members shall be comprised of 2 representatives selected by the Illinois Environmental Council, one selected by the Illinois Recycling Association, and one by the Institute of Scrap Recycling Industries, Inc.

(2) By September 1, 2007, the Agency must determine the return share of CEDs used to determine the top 3 brand owners for purposes of board appointments.

(3) By September 1, 2007, the Agency must determine an initial registration fee for all manufacturers and inform manufacturers of this fee by October 1, 2007.

(4) The board shall select from its membership such other officers besides the chair as it deems appropriate.

(5) A majority of the board constitutes a quorum.

(6) The directors of the Department of Commerce and Economic Opportunity and the Illinois Environmental Protection Agency shall serve as ex officio members. The State agency directors serving in ex officio capacity may each designate an employee of their respective departments to act on their behalf in all respects with regard to any matter to come before the Authority. Ex officio designations must be made in writing and communicated to the chair of the Authority.

(7) The board shall create its own bylaws in accordance with the laws of the State.

(8) By July 1, 2008, the board shall submit to the Agency a business plan that:

(A) includes an organizational structure;

(B) outlines the Authority's projected operational revenues and expenses for the 5 years beginning January 1, 2009; and

(C) proposes changes, if any, to the registration fee for all manufacturers calculated to cover the Authority's cost of operation.

(9) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty after notice and a public hearing, unless the notice and hearing are expressly waived in writing by the affected member.

The members of the board shall serve without compensation but are entitled to reimbursement, solely from the funds of the Authority, for expenses incurred in the discharge of their duties under this Act.

(b) Specific responsibilities of the Authority shall be to:

(1) Organize, administer, and ensure that electronics collection opportunities are available throughout the State and in such a manner as to be convenient, to the maximum extent feasible, to all consumers in the State.

(2) Encourage the use of existing collection and consolidation infrastructures for handling CEDs to the extent that this infrastructure is accessible on a regular and ongoing basis to Illinoisans, is cost effective, and meets the environmentally sound management requirements described in this Act. The Authority shall, through contractual agreement, compensate for the collection and recycling of CEDs, by qualified collectors and recyclers whether by government, for-profit corporations, non-profit corporations, retailers, manufacturers, or any other party, for the reasonable costs associated with these activities. These activities shall be audited annually. In order to strengthen the market for Illinois recycling companies, the Authority shall not pay for costs associated with the use of prison labor.

(3) Maintain a list of all manufacturers in compliance with all reporting, financial, and other requirements of this Act and post the list on an Internet website; furthermore, forward a list of manufacturers not in compliance to the Attorney General's office for further enforcement action as provided in this subsection. Two years after the effective date of this Act, no manufacturer may sell a CED in Illinois unless the manufacturer is in compliance with the provisions of this Act. Further, 2 years after the effective date of this Act, no manufacturer or retailer may sell any CED in Illinois unless the CED is labeled with the manufacturer's brand, and that label is permanently affixed and is readily visible.

(4) By July 1, 2008, set the cost per pound for collection, transportation, and recycling of CEDs in order to reasonably approximate market costs for these services, which cost per pound is used to calculate the fee required by paragraph 4 of Section 25 of this Act. Beginning January 1, 2010, and annually thereafter, the Authority may adjust such cost per pound in order to reasonably approximate market costs for the collection, transportation, and recycling of CEDs. Prior to setting or adjusting the cost per pound, the Authority shall notify the public, including all manufacturers registered under paragraph 1 of Section 25 of this Act, of the proposed cost per pound and provide a public comment period. By the November 1 prior to the program year for which the revised cost per pound is to be used, the Authority shall notify all registered manufacturers of any adjustments to the cost per pound, as well as any adjustments to the registration fee.

(5) Determine the return share for each program year for each manufacturer by dividing the weight of CEDs identified for each manufacturer by the total weight of CEDs identified for all manufacturers. For the first program year, the return share of CEDs identified for each manufacturer shall be based on the best available CED public return share data from the United States, including data from other states. For the second and each subsequent program year, the return share of CEDs identified for each manufacturer shall be based on the most recent samplings of CEDs conducted in this State as described in paragraph 8 of this Section, and sampling conducted by manufacturers choosing the self-recycling option as described in Section 50 of this Act.

(6) Determine the return share in weight for each program year for each manufacturer for whom a return share is determined pursuant to paragraph 5 of this Section by multiplying the return share for each such manufacturer by the total weight in pounds of CEDs, including legacy and orphan devices, collected from covered entities the previous program year. For the first program year, the total weight in pounds of CEDs shall be based on the best available public weight data from the United States, including data from other states. For the second and each subsequent program year, the total weight in pounds of CEDs shall be based on the total weight of CEDs, including legacy and orphan devices, as described in paragraph 8 of this Section, and sampling conducted by manufacturers choosing the self-recycling option as described in Section 50 of this Act.

(7) By July 1, 2008, the Authority shall provide each manufacturer for whom a return share is determined pursuant to paragraph 5 of this Section with its return share and its return share in weight for the year beginning January 1, 2009. Beginning on February 15, 2010 and by February 15 of each year thereafter, the Authority shall provide each manufacturer for whom a return share is determined pursuant to paragraph 5 of this Section with its return share and its return share in weight for the second and subsequent program years.

(8) By February 1, 2010, and by February 1 of each subsequent program year:

(A) Complete an auditable, statistically significant sampling of CEDs collected by the Authority during the previous program year. The sampling information collected shall consist of a list of brands of CEDs and the weight of CEDs that are identified for each brand. The Authority's sampling shall be conducted in accordance with a procedure established by the Authority and may be conducted by a third-party organization, including a recycler, to be determined by the Agency. The Authority may, at its discretion, be present at the sampling and may audit the methodology and the results of the third-party organization. The costs associated with the sampling shall be considered one of the Authority's costs of doing business; and

(B) Determine the total weight of CEDs, including orphan devices, collected by the Authority during the previous program year.

(9) Receive fees from manufacturers or their agents for the sole purpose of fulfilling its responsibilities under this Act.

(10) Organize and coordinate public outreach in association with the primary education responsibility charged to retailers, and any secondary education plan established by manufacturers, recyclers, and the State.

(11) Beginning in 2010, convene on an annual or biannual basis an Electronic Product Life-cycle and Recycling E-Scrap Assembly, composed of manufacturers and retailers of CEDs, participants in outreach, collection, processing and disposal activities of the Authority, including persons who have signed up for regular communication, and members of the General Assembly and local public bodies to review and prepare recommendations on electronic product life-cycle goals and outcomes of the Authority. The Assembly shall conduct separate reviews of and make recommendations on the outreach and collection processes, and the recycling and life-cycle management processes, and shall be addressed by a nationally or internationally recognized leader in electronic product or environmental life-cycle management, with comments on such State of Electronic Product Life-cycles in Illinois by the public officials and others who are directors of the Authority.

(12) Prepare a business plan every 3 years that establishes per capita collection and recycling goals for each manufacturer based on an overall goal for the State and a proportionate share for each manufacturer as calculated by the formula in Section 25 of this Act.

(13) Identify any necessary State actions to expand the collection opportunities to achieve the per capita collection and recycling goals.

(14) Report to the Governor and the General Assembly at least annually on the implementation of the system during the previous calendar year. The report will also be posted on the Authority's website. The report must include:

(A) A list of all parties participating in the system whom the Authority has designated as approved to receive payments, the amount of payments it has made to those parties, and the purpose of those payments.

(B) The total number and weight of CEDs collected in the State the previous year as reported to the Authority.

(C) Progress toward achieving the overall annual total recovery and recycling goals described in the business plan.

(D) The total amount of fees collected.

(E) A summary of funds expended by category:

(i) Education

(ii) Administration

(iii) Collection

(iv) Transportation

(v) Recycling

(vi) Disposal

(vii) Other

(F) Any surplus funds carried forward.

(G) A complete listing of all collection sites and the amount of material collected at each site.

(H) An evaluation of the effectiveness of the education and outreach program.

(15) Be fully audited by the Auditor General of the State at the end of each calendar year, with that audit report submitted to the General Assembly.

(16) Maintain a website and toll-free number complete with up-to-date listings of where consumers can bring CEDs for recycling.

Section 25. Basic fee mechanism.

(a) Prior to January 1, 2008, all manufacturers shall register with the Authority and pay to the Authority the initial registration fee described in paragraph 3 of Section 20 of this Act. Thereafter, if a manufacturer has not previously filed a registration, the manufacturer shall file a registration with the Authority prior to any offer for sale for delivery in the State of the manufacturer's new CEDs. Any manufacturer to whom the Authority provides notification of a return share and return share in weight pursuant to paragraph 7 of Section 20 of this Act and who has not previously filed a registration shall file a registration with the Authority within 30 days of receiving such notification.

(b) Each manufacturer who is registered shall submit an annual renewal of the manufacturer's registration to the Authority and pay to the department the registration fee described in paragraph 8 of Section 20 of this Act by January 1 of each program year.

(c) The registration and each renewal shall include a list of all of the manufacturer's brands of CEDs and shall be effective on the second day of the succeeding month after receipt by the Authority of the registration or renewal.

(d) By February 1, 2010, each manufacturer to whom the Authority provides, by July 1, 2008, a return share in weight that is greater than zero shall:

(1) Submit an additional fee to the Authority based on its return share in weight of CEDs for the program year beginning January 1, 2009. The fee shall be calculated by multiplying the manufacturer's return share in weight by the cost per pound for collection, transportation, and recycling of CEDs determined by the Authority pursuant to paragraph 4 of Section 20 of this Act;

(2) Pursuant to Section 50 of this Act, submit an application to the Authority demonstrating its strategy to collect and recycle a total weight of product equivalent to what would be collected and recycled under the Authority's plan; or

(3) Each manufacturer to whom the Authority provides, by February 15, 2010, or by February 15 of any year thereafter, a return share in weight that is greater than zero shall, by March 15 of that year, comply with subparagraph 1 or 2 of this subsection (d).

Section 30. Orphan products. The Authority shall, in the development of its fee mechanism, ensure that orphan products are apportioned fairly by the formula described in Section 25 of this Act.

Section 35. Legacy products. Legacy manufacturers shall be responsible for their equivalent share of returned CEDs and also their share of orphan products as defined in Section 30 of this Act.

Section 40. Restrictions on hazardous substances. Within one year after the effective date of this Act, manufacturers may not place on the market in this State any CEDs that exceed the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls, and polybrominated diphenyl ethers under the RoHS Directive 2002/95/EC of the European Parliament and Council and any amendments thereto.

Section 45. Fee reduction for manufacturers designing for environment. Manufacturers may apply for a reduced fee based on improvements to their CEDs that make the products easier to recycle, less hazardous, or both. Within one year after the effective date of this Act, the Authority, working with the Agency or an advisory board established by the Authority and whose the members shall be approved by the Agency, shall develop a minimum level of environmental design for all CEDs being sold in the State. This minimum level of design shall be based on scores from the Electronic Products Environmental Assessment Tool, whose minimum criteria meets the standards set forth in Section 40 of this Act. Thereafter, on an annual basis, manufacturers may apply for a permanent reduction in the per-unit fee for a CED that will take effect the following year. The application shall be based on a design and production change that will go beyond the minimum level of environmental design and significantly improve the product's recyclability or reduce the health risk posed by the materials in the unit, as judged exclusively by either the Agency or the advisory board established by the Authority. The fee reduction shall be revoked if the Agency or the advisory board determine that the design or production modification leading to the reduction has been reversed or materially altered to the detriment of recyclability and hazardousness in a future year. A fee reduction guide shall be developed by the Authority within one year after the effective date of this Act.

Section 50. Self-recycling.

(a) Manufacturers may choose not to participate in the State recycling system operated by the Authority and instead operate their own program for the collection and recycling of CEDs. To be eligible for the self-recycling option, a manufacturer must not be a new entrant, defined as: (1) a manufacturer of televisions, television peripherals, or both, or fax machines, that have been sold in the State for less than 10 years or (2) a manufacturer of desktop computers, laptop and portable computers, computer monitors, computer peripherals, cellular telephones, MP3 players, or PDAs that have been sold in the State for less than 5 years. A manufacturer of both televisions and computers or a manufacturer of both televisions and computer monitors, however, that is deemed a new entrant under either only (1) or (2) of this paragraph is not considered a new entrant for purposes of this Section.

A manufacturer choosing to establish its own collection and recycling program is required to submit an application to the corporation every 3 years demonstrating its strategy to collect and recycle a total weight of product equivalent to what would be collected and recycled under the corporation's plan, and shall include its share of orphan products. Manufacturers qualifying for the self-recycling option shall not have a fee assessed on CEDs or be compelled to participate in the corporation's program. A manufacturer applying for self-recycling status may apply alone or as a group in collaboration with other manufacturers.

A manufacturer's application shall include all of the following elements:

(1) Description of the systems for the collection, transporting, and processing of CEDs.

(2) Service providers for the collection, transportation, and processing of CEDs.

(3) Names of recycling companies meeting the requirements of Section 65 of this Act that are headquartered in Illinois to which the manufacturer will send its CEDs for processing (Illinois-based recycling companies are preferred provided that the manufacturer does not operate its own recycling plants elsewhere in the United States).

(4) Description of accessibility of recycling service to all citizens of the State.

(5) Descriptions of accounting and reporting systems that will be employed to track progress toward meeting collection and recycling targets set by the Authority or its share of CED returns in addition to a share of orphan products.

(6) Timeline, including startup and implementation, with associated progress milestones with anticipated results.

(7) A public information campaign, complementary to, and designed in conjunction with, the primary retailer-driven campaign described in Section 65 of this Act, to promote the recycling of electronic products and proper end-of-life management of the products by the final users.

The Authority shall count the collection of a single CED as 2 CEDs by weight when that item is donated free of charge for reuse to the Illinois State Board of Education, or to any not-for-profit corporation recognized under Section 501(c)(3) of the Internal Revenue Code, whose principal mission is to assist low-income children or families living in Illinois. To qualify for the donation reuse credit under this Section, manufacturers must ensure the delivery of electronic equipment that: (a) is no older than 6 years old; (b) is in full working condition with all component parts and all necessary accessories; and (c) has been approved for donation by the recipient in a writing specifying the disposition of the donation.

(b) By February 1, 2010, and by February 1 of each subsequent program year, a manufacturer qualifying for the self-recycling option shall file an annual report with the Authority including the following:

(1) Total weight of CEDs collected and recycled the previous year;

(2) The results of an auditable, statistically significant sampling of CEDs collected by the manufacturer or group of manufacturers during the previous program year. The sampling information reported shall consist of a list of brands of CEDs and the weight of CEDs that are identified for each brand;

(3) The total weight of CEDs, including orphan devices, collected by the manufacturer or group of manufacturers during the previous program year and documentation verifying collection and recycling of such devices;

(4) Total weight of eligible equipment donated for reuse to eligible organizations; and

(5) An evaluation of the existing infrastructure to fulfill the manufacturer's collection and recycling responsibilities.

Section 55. Retailer responsibilities. Retailers shall be the primary source of information about end-of-life options to electronics consumers. As such, retailers shall be charged with:

(1) posting any educational materials provided by the corporation in publicly accessible areas of their stores;

(2) posting any educational materials provided by the corporation on the primary Web page describing products for sale either in stores or via the Internet; and

(3) training all employees, whether at stores or available by telephone or Internet, to answer consumer questions about end-of-life options.

If a manufacturer engages in any retail sales of its own products, whether through the Internet, catalogs, or other means, the manufacturer is responsible for fulfilling the retailer responsibilities as defined in this Section.

The Authority shall on a periodic basis perform unannounced audits on retailer locations, Websites, or both to ensure that all information provided by the Authority has been posted according to the requirements of this Section.

Section 60. Landfill ban. Three years after the effective date of this Act, it is illegal for any person to dispose of any CED into a landfill, or by incineration, in this State.

Section 65. Program operational standards. All recyclers and brokers participating in the Authority's plan, or any manufacturer qualifying for self-recycling as described in Section 50 of this Act, must ensure that collection, reuse, and recycling efforts are conducted in a manner that is in compliance with all applicable federal, State, and local laws, regulations, and ordinances, and must ensure that CEDs are not exported for disposal in a manner that poses a risk to the public health or the environment. Specifically, recyclers and brokers shall:

(1) Guarantee that all data stored on CEDs designated for reuse under Section 50 of this Act, or for export under paragraph 2 of this Section, have been wiped following protocols defined in DOD 5220.22-M. Furthermore, guarantee that any data on CEDs intended for recycling will either be rendered unrecoverable by the recycling process or have been wiped following protocols defined in DOD 5220.22-M prior to the recycling process. The Authority shall review these protocols on an annual basis and adjust them if necessary.

(2) Consistent with the guidelines of the U.S. Environmental Protection Agency Plug-in Partner campaign, ensure compliance with any applicable requirements of the United States, as well as applicable requirements of importing and transit countries. Recyclers must be aware of the Basel Convention, to which the United States has signed but has not ratified. Nonetheless, recyclers, downstream recyclers, and brokers must be knowledgeable of the Basel Convention requirements that could affect them, as implemented by the laws of importing and transit countries. In addition, the importing and transit countries may have other laws and regulations that could affect United States exporters and their transactions. Until such time as the United States becomes a party to the Basel Convention, no country that is a party to the Basel Convention but not a member of the Organization for Economic Cooperation and Development may legally accept hazardous waste (and thus CEDs because of the Basel Convention's definition of hazardous waste) exported from the United States absent a bilateral agreement between the governments under Article 11 of the Basel Convention.

(3) Prohibit CEDs to be sent to prisons for recycling either directly or through intermediaries.

(4) Possess and maintain a documented Environmental Health and Safety Management System and ensure that current operations comply with the current Institute for Scrap Recycling Industries, Inc. electronics recycling operating practices policy manual. The Authority shall review this manual on an annual basis for adequacy, and shall perform announced or unannounced audits at its discretion.

(5) Commit to ensuring that the entire recycling chain, including downstream recyclers, brokers, and recovery operations such as smelters, are meeting all applicable environmental and health regulations. In addition, every effort shall be made to make use of only those facilities (e.g. smelters) that provide the most efficient and least polluting recovery services available globally.

(6) Agree to provide visible tracking of CEDs throughout the product recycling chain. The tracking information should show the final disposition of all hazardous waste materials. If there is a concern about trade secrets, an independent auditor acceptable to parties concerned may be used to verify compliance.

Section 70. Relation to federal law. This Act is intended to govern all aspects of the collection and recycling of CEDs as those terms are defined in this Act. Upon the implementation of a national program acceptable to the General Assembly to collect, recycle, or both, CEDs, the provisions of this Act shall sunset within the time frame determined by federal law.

Section 999. Effective date. This Act takes effect upon becoming law. Sections 1, 20, and 999 apply and are operative beginning on the effective date. All other Sections apply and are operative beginning January 1, 2008.