Public Act 100-1165
 
SB3550 EnrolledLRB100 19769 MJP 35044 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Consumer Electronics Recycling Act is
amended by changing Sections 1-10 and 1-25 as follows:
 
    (415 ILCS 151/1-10)
    (Section scheduled to be repealed on December 31, 2026)
    Sec. 1-10. Manufacturer e-waste program.
    (a) For program year 2019 and each program year thereafter,
each manufacturer shall, individually or as part of a
manufacturer clearinghouse, provide a manufacturer e-waste
program to transport and subsequently recycle, in accordance
with the requirements of this Act, residential CEDs collected
at, and prepared for transport from, the program collection
sites and one-day collection events included in the program
during the program year.
    (b) Each manufacturer e-waste program must include, at a
minimum, the following:
        (1) satisfaction of the convenience standard described
    in Section 1-15 of this Act;
        (2) instructions for designated county recycling
    coordinators and municipal joint action agencies to
    annually file notice to participate in the program;
        (3) transportation and subsequent recycling of the
    residential CEDs collected at, and prepared for transport
    from, the program collection sites and one-day collection
    events included in the program during the program year; and
        (4) submission of a report to the Agency, by March 1,
    2020, and each March 1 thereafter, which includes:
            (A) the total weight of all residential CEDs
        transported from program collection sites and one-day
        collection events throughout the State during the
        preceding program year by CED category;
            (B) the total weight of residential CEDs
        transported from all program collection sites and
        one-day collection events in each county in the State
        during the preceding program year by CED category; and
            (C) the total weight of residential CEDs
        transported from all program collection sites and
        one-day collection events in each county in the State
        during that preceding program year and that was
        recycled.
    (c) Each manufacturer e-waste program shall make the
instructions required under paragraph (2) of subsection (b)
available on its website by December 1, 2017, and the program
shall provide to the Agency a hyperlink to the website for
posting on the Agency's website.
    (d) Nothing in this Act shall prevent a manufacturer from
accepting, through a manufacturer e-waste program, residential
CEDs collected through a curbside or drop-off collection
program that is operated pursuant to a residential franchise
collection an agreement authorized by Section 11-19-1 of the
Illinois Municipal Code or Section 5-1048 of the Counties Code
between a third party and a unit of local government located
within a county or municipal joint action agency that has
elected to participate in a manufacturer e-waste program.
    (e) A collection program operated in accordance with this
Section shall:
        (1) meet the collector responsibilities under
    subsections (a), (a-5), (d), (e), and (g) under Section
    1-45 and require certification on the bill of lading or
    similar manifest from the unit of local government, the
    third party, and the county or municipal joint action
    agency that elected to participate in the manufacturer
    e-waste program that the CEDs were collected, to the best
    of their knowledge, from residential consumers in the State
    of Illinois;
        (2) comply with the audit provisions under subsection
    (g) of Section 1-30;
        (3) locate any drop-off location where CEDs are
    collected on property owned by a unit of local government;
    and
        (4) have signage at any drop-off location indicating
    only residential CEDs are accepted for recycling.
    Manufacturers of CEDs are not financially responsible for
transporting and consolidating CEDs collected from a
collection program's drop-off location. Any drop-off location
used in 2019 must have been identified by the county or
municipal joint action agency in the written notice of election
to participate in the manufacturer e-waste program in
accordance with Section 1-20 by March 1, 2018. Any drop-off
location operating in 2020 or in subsequent years must be
identified by the county or municipal joint action agency in
the annual written notice of election to participate in a
manufacturer e-waste program in accordance with Section 1-20 to
be eligible for the subsequent program year.
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
 
    (415 ILCS 151/1-25)
    (Section scheduled to be repealed on December 31, 2026)
    Sec. 1-25. Manufacturer e-waste program plans.
    (a) By September July 1, 2018 for program year 2019, and by
July 1 of each year thereafter for the upcoming program year,
beginning with program year 2019, each manufacturer shall,
individually or as a manufacturer clearinghouse, submit to the
Agency a manufacturer e-waste program plan, which includes, at
a minimum, the following:
        (1) the contact information for the individual who will
    serve as the point of contact for the manufacturer e-waste
    program;
        (2) the identity of each county that has elected to
    participate in the manufacturer e-waste program during the
    program year;
        (3) for each county, the location of each program
    collection site and one-day collection event included in
    the manufacturer e-waste program for the program year;
        (4) the collector operating each program collection
    site and one-day collection event included in the
    manufacturer e-waste program for the program year;
        (5) the recyclers that manufacturers plan to use during
    the program year to transport and subsequently recycle
    residential CEDs under the program, with the updated list
    of recyclers to be provided to the Agency no later than
    December 1 preceding each program year; and
        (6) an explanation of any deviation by the program from
    the standard program collection site distribution set
    forth in subsection (a) of Section 1-15 of this Act for the
    program year, along with copies of all written agreements
    made pursuant to paragraphs (1) or (2) of subsection (b) of
    Section 1-15 for the program year.
    (b) Within 60 days after receiving a manufacturer e-waste
program plan, the Agency shall review the plan and approve the
plan or disapprove the plan.
        (1) If the Agency determines that the program
    collection sites and one-day collection events specified
    in the plan will satisfy the convenience standard set forth
    in Section 1-15 of this Act, then the Agency shall approve
    the manufacturer e-waste program plan and provide written
    notification of the approval to the individual who serves
    as the point of contact for the manufacturer. The Agency
    shall make the approved plan available on the Agency's
    website.
        (2) If the Agency determines the plan will not satisfy
    the convenience standard set forth in Section 1-15 of this
    Act, then the Agency shall disapprove the manufacturer
    e-waste program plan and provide written notification of
    the disapproval and the reasons for the disapproval to the
    individual who serves as the point of contact for the
    manufacturer. Within 30 days after the date of disapproval,
    the manufacturer shall submit a revised manufacturer
    e-waste program plan that addresses the deficiencies noted
    in the Agency's disapproval.
    (c) Manufacturers shall assume financial responsibility
for carrying out their e-waste program plans, including, but
not limited to, financial responsibility for providing the
packaging materials necessary to prepare shipments of
collected residential CEDs in compliance with subsection (e) of
Section 1-45, as well as financial responsibility for bulk
transportation and recycling of collected residential CEDs.
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)

Effective Date: 6/1/2019