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Sen. Susan Garrett
Filed: 3/10/2008
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| AMENDMENT TO SENATE BILL 2313
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| AMENDMENT NO. ______. Amend Senate Bill 2313 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the |
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| Electronic Products Recycling and Reuse Act.
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| Section 5. Findings and purpose. |
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| (a) The General Assembly finds all of the following: |
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| (1) Electronic products are the fastest growing |
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| portion of the solid waste stream. In 2005, 2,600,000 tons |
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| of electronic products became obsolete yet only 13% of |
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| those products were recycled. |
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| (2) Many electronic products contain lead, mercury, |
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| cadmium, hexavalent chromium, and other materials that |
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| pose environmental and health risks that must be managed. |
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| (3) Many obsolete electronic products can be recycled |
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| or refurbished for reuse and then returned to the economic |
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| mainstream in the form of raw materials or products. |
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| (4) Electronic products contain metals, plastics, and |
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| leaded glass that have resale value. The reuse of these |
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| components conserves natural resources and energy, and the |
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| reuse also reduces air and water pollution and greenhouse |
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| gas emissions. |
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| (5) A management is necessary to place the reuse and |
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| recycling of obsolete residential electronic products as |
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| the preferred management strategy over incineration and |
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| landfill disposal. |
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| (6) The Illinois Recycling Economic Information Study |
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| of 2001 estimates that the total economic impact of |
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| establishing statewide recycling and reuse programs for |
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| residential electronic products may result in the creation |
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| of nearly 4,000 new jobs and $740 million in annual |
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| receipts. |
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| (7) The State-appointed Computer Equipment Disposal |
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| and Recycling Commission issued a final report in May 2006 |
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| recommending legislative, regulatory, or other actions to |
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| properly address the recycling and reuse of obsolete |
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| residential electronic products. |
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| (b) The purpose of this Act is to set forth procedures by |
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| which the recycling and processing for reuse of covered |
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| electronic devices will be accomplished in Illinois. |
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| Section 10. Definitions. As used in this Act: |
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| "Agency" means the Environmental Protection Agency. |
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| "Cathode ray tube" means a vacuum tube or picture tube used |
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| to convert an electronic signal into a visual image, such as a |
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| television or computer monitor. |
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| "Collector" means a person who receives covered electronic |
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| devices or eligible electronic devices directly from a |
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| residence for recycling or processing for reuse. "Collector" |
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| includes, but is not limited to, manufacturers, recyclers, and |
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| refurbishers who receive CEDs or EEDs directly from the public. |
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| "Computer", often referred to as a "personal computer" or |
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| "PC", means a desktop or notebook computer as further defined |
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| below and used only in a residence, but does not mean an |
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| automated typewriter, electronic printer, mobile telephone, |
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| portable hand-held calculator, portable digital assistant |
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| (PDA), MP3 player, or other similar device. "Computer" does not |
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| include computer peripherals, commonly known as cables, mouse, |
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| or keyboard. "Computer" is further defined as either: |
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| (1) "Desktop computer", which means an electronic, |
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| magnetic, optical, electrochemical, or other high-speed |
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| data processing device performing logical, arithmetic, or |
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| storage functions for general purpose needs that are met |
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| through interaction with a number of software programs |
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| contained therein, and that is not designed to exclusively |
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| perform a specific type of logical, arithmetic, or storage |
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| function or other limited or specialized application. |
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| Human interface with a desktop computer is achieved through |
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| a standalone keyboard, stand-alone monitor, or other |
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| display unit, and a stand-alone mouse or other pointing |
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| device, and is designed for a single user. A desktop |
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| computer has a main unit that is intended to be |
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| persistently located in a single location, often on a desk |
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| or on the floor. A desktop computer is not designed for |
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| portability and generally utilizes an external monitor, |
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| keyboard, and mouse with an external or internal power |
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| supply for a power source. Desktop computer does not |
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| include an automated typewriter or typesetter; or |
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| (2) "Notebook computer", which means an electronic, |
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| magnetic, optical, electrochemical, or other high-speed |
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| data processing device performing logical, arithmetic, or |
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| storage functions for general purpose needs that are met |
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| through interaction with a number of software programs |
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| contained therein, and that is not designed to exclusively |
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| perform a specific type of logical, arithmetic, or storage |
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| function or other limited or specialized application. |
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| Human interface with a notebook computer is achieved |
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| through a keyboard, video display greater than 4 inches in |
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| size, and mouse or other pointing device, all of which are |
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| contained within the construction of the unit that |
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| comprises the notebook computer; supplemental stand-alone |
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| interface devices typically can also be attached to the |
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| notebook computer. Notebook computers can use external, |
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| internal, or batteries for a power source. Notebook |
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| computer does not include a portable handheld calculator, |
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| or a portable digital assistant or similar specialized |
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| device. A notebook computer has an incorporated video |
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| display greater than 4 inches in size and can be carried as |
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| one unit by an individual. A notebook computer is sometimes |
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| referred to as a laptop computer.
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| "Computer monitor" means an electronic device that is a |
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| cathode-ray tube or flat panel display primarily intended to |
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| display information from a computer and is used only in a |
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| residence. |
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| "Covered electronic device" or "CED" means any computer, |
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| computer monitor, or television that is taken out of service |
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| from a residence in this State regardless of purchase location. |
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| "Covered electronic device" does not include any of the |
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| following: |
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| (1) an electronic device that is a part of a motor |
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| vehicle or any component part of a motor vehicle assembled |
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| by or for a vehicle manufacturer or franchised dealer, |
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| including replacement parts for use in a motor vehicle; |
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| (2) an electronic device that is functionally or |
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| physically part of a larger piece of equipment or that is |
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| taken out of service from an industrial, commercial |
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| (including retail), library checkout, traffic control, |
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| kiosk, security (other than household security), |
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| governmental, agricultural, or medical setting, including |
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| but not limited to diagnostic, monitoring, or control |
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| equipment; or |
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| (3) an electronic device that is contained within a |
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| clothes washer, clothes dryer, refrigerator, refrigerator |
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| and freezer, microwave oven, conventional oven or range, |
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| dishwasher, room air conditioner, dehumidifier, water |
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| pump, sump pump, or air purifier. |
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| To the extent allowed under federal and State laws and |
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| regulations, a CED that is being collected, recycled, or |
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| processed for reuse is not considered to be hazardous waste, |
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| household waste, solid waste, or special waste. |
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| "Dismantling" means the demanufacturing and shredding of a |
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| CED. |
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| "Eligible electronic device" or "EED" means any of the |
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| following electronic products taken out of service from a |
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| residence in this State regardless of purchase location: mobile |
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| telephone; electronic printer; computer cable, mouse, or |
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| keyboard; facsimile machine; MP3 player; portable digital |
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| assistant (PDA); video game console, video cassette |
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| recorder/player, digital video disk player, or similar video |
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| device; zip drive; or scanner. To the extent allowed under |
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| federal and state laws and regulations, an EED that is being |
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| collected, recycled, or processed for reuse is not considered |
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| to be hazardous waste, household waste, solid waste, or special |
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| waste. |
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| "Manufacturer" means a person, or a successor in interest |
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| to a person, under whose brand or label a CED is or was sold at |
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| retail. For CEDs sold at retail under a brand or label that is |
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| licensed from a person who is a mere brand owner and who does |
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| not sell or produce the CED, the person who produced the CED or |
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| his or her successor in interest is the manufacturer. For CEDs |
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| sold that were at retail under the brand or label of both the |
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| retail seller and the person that produced the CED, the person |
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| that produced the CED, or his or her successor in interest, is |
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| the manufacturer. A retail seller of CEDs may elect to be the |
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| manufacturer of one or more CEDs if the retail seller provides |
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| written notice to the Agency that it is accepting |
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| responsibility as the manufacturer of the CED under this Act |
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| and identifies the CEDs for which it is electing to be the |
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| manufacturer. |
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| "Orphan CEDs" means those CEDs that are returned for |
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| recycling, or processing for reuse, whose manufacturer cannot |
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| be identified, or whose manufacturer is no longer conducting |
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| business and has no successor in interest. |
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| "Person" means any individual, partnership, |
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| co-partnership, firm, company, limited liability company, |
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| corporation, association, joint stock company, trust, estate, |
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| political subdivision, State agency, or any other legal entity, |
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| or a legal representative, agent, or assign of that entity. |
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| "Processing for reuse" means any method, technique, or |
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| process by which CEDs or EEDs that would otherwise be disposed |
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| of or discarded are instead separated, processed, and returned |
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| to their original intended purposes or to other useful purposes |
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| as electronic devices. |
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| "Program Year" means a calendar year. The first program |
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| year is 2010. |
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| "Recycler" means a person who engages in the recycling of |
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| CEDs or EEDs. |
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| "Recycling" means any method, technique, or process by |
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| which CEDs or EEDs that would otherwise be disposed of or |
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| discarded are instead collected, separated, or processed and |
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| are returned to the economic mainstream in the form of raw |
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| materials or products. "Recycling" includes the collection, |
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| transportation, dismantling, and shredding of the CEDs or EEDs. |
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| "Refurbisher" means any person who processes CEDs or EEDs |
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| for reuse. |
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| "Retailer" means a person who sells, rents, or leases, |
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| through sales outlets, catalogues, or the Internet, computers, |
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| computer monitors, or televisions at retail to individuals in |
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| this State. For purposes of this Act, sales to individuals at |
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| retail are considered to be sales for residential use. |
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| "Retailer" includes, but is not limited to, manufacturers who |
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| sell computers, computer monitors, or televisions at retail |
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| directly to individuals in this State. |
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| "Sale" means any retail transfer of title for consideration |
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| of title including, but not limited to, transactions conducted |
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| through sales outlets, catalogs, or the Internet or any other |
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| similar electronic means but does not mean financing or |
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| leasing. |
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| "Television" means an electronic device (i) containing a |
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| cathode-ray tube or flat panel screen the size of which is |
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| greater than 4 inches when measured diagonally, (ii) that is |
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| intended to receive video programming via broadcast, cable, or |
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| satellite transmission or to receive video from surveillance or |
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| other similar cameras, and (iii) that is used only in a |
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| residence. |
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| Section 15. Statewide recycling and reuse goals for all |
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| covered electronic devices. |
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| (a) For program year 2010, the statewide recycling or reuse |
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| goal for all CEDs is the product of: (i) the latest population |
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| estimate for the State, as published on the U.S. Census |
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| Bureau's website on January 1, 2010; multiplied by (ii) 3.54 |
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| pounds per capita. |
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| (b) For program year 2011, the statewide recycling or reuse |
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| goal for all CEDs is the product of: (i) the 2010 base weight; |
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| multiplied by (ii) the 2010 goal attainment percentage. |
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| For the purposes of this subsection (b): |
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| The "2010 base weight" means the greater of: (i) twice the |
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| total weight of all CEDs that were recycled or processed for |
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| reuse between January 1, 2010 and June 30, 2010 as calculated |
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| by the Agency from reports submitted under subsection (i) or |
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| (j) of Section 30; or (ii) twice the total weight of all CEDs |
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| that were recycled or processed for reuse between January 1, |
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| 2010 and June 30, 2010 as calculated by the Agency from reports |
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| submitted under subsection (c) of Section 55. |
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| The "2010 goal attainment percentage" means: |
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| (1) 90% if the 2010 base weight is 90% or less of the |
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| statewide recycling or reuse goal for program year 2010; |
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| (2) 95% if the 2010 base weight is greater than 90% but |
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| does not exceed 95% of the statewide recycling or reuse |
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| goal for program year 2010; |
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| (3) 100% if the 2010 base weight is greater than 95% |
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| but does not exceed 100% of the statewide recycling or |
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| reuse goal for program year 2010; |
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| (4) 105% if the 2010 base weight is greater than 105% |
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| but does not exceed 110% of the statewide recycling or |
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| reuse goal for program year 2010; and |
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| (5) 110% if the 2010 base weight is greater than 110% |
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| of the statewide recycling or reuse goal for program year |
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| 2010. |
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| (c) For program years 2012 and thereafter, the statewide |
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| recycling or reuse goal for all CEDs is the product of: (i) the |
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| base weight; multiplied by (ii) the goal attainment percentage. |
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| For the purposes of this subsection (c): |
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| The "base weight" means the greater of: (i) the total |
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| weight of all CEDs recycled or processed for reuse during the |
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| previous program year as calculated by the Agency from reports |
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| submitted under subsection (k) or (l) of Section 30; or (ii) |
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| the total weight of all CEDs recycled or processed for reuse |
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| during the previous program year as calculated by the Agency |
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| from reports submitted under subsection (d) of Section 55. |
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| The "goal attainment percentage" means: |
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| (1) 90% if the base weight is 90% or less of the |
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| statewide recycling or reuse goal for the previous program |
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| year; |
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| (2) 95% if the base weight is greater than 90% but does |
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| not exceed 95% of the statewide recycling or reuse goal for |
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| the previous program year; |
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| (3) 100% if the base weight is greater than 95% but |
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| does not exceed 100% of the statewide recycling or reuse |
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| goal for the previous program year; |
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| (4) 105% if the base weight is greater than 105% but |
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| does not exceed 110% of the statewide recycling or reuse |
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| goal for the previous program year; and |
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| (5) 110% if the base weight is greater than 110% of the |
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| statewide recycling or reuse goal for the previous program |
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| year. |
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| Section 16. Statewide recycling or reuse goals for all |
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| television manufacturers. |
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| (a) For program year 2010, the statewide recycling or reuse |
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| goal for television manufacturers is 53% of the statewide goal |
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| for all CEDs under subsection (a) of Section 15. |
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| (b) For program year 2011, the statewide recycling or reuse |
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| goal for television manufacturers is the product of: (i) an |
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| amount equal to the total weight of televisions that were |
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| recycled or processed for reuse between January 1, 2010 and |
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| June 30, 2010, as reported under subsection (i) of Section 30, |
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| divided by the total weight of all CEDs that were recycled or |
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| processed for reuse between January 1, 2010 and June 30, 2010, |
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| as reported under subsection (i) of Section 30; multiplied by |
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| (ii) the statewide recycling or reuse goal for all CEDs under |
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| subsection (b) of Section 15. |
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| (c) For program years 2012 and thereafter, the statewide |
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| recycling or reuse goal for television manufacturers is the |
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| product of: (i) an amount equal to the total weight of |
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| televisions recycled or processed for reuse during the previous |
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| program year, as reported under subsection (d) of Section 20, |
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| divided by the total weight of all CEDs recycled or processed |
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| for reuse, as reported under subsection (d) of Section 20; |
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| multiplied by (ii) the statewide recycling or reuse goal for |
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| all CEDs under subsection (c) of Section 15. |
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| Section 17. Statewide recycling or reuse goals for all |
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| computer and computer monitor manufacturers. |
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| (a) For program year 2010, the statewide recycling or reuse |
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| goal for computer and computer monitor manufacturers is 47% of |
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| the statewide goal for all CEDs under subsection (a) of Section |
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| 15. |
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| (b) For program year 2011, the statewide recycling or reuse |
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| goal for computer and computer monitor manufacturers is the |
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| product of: (i) an amount equal to the total weight of |
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| computers and computer monitors that were recycled or processed |
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| for reuse between January 1, 2010 and June 30, 2010, as |
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| reported under subsection (j) of Section 30, divided by the |
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| total weight of all CEDs that were recycled or processed for |
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| reuse between January 1, 2010 and June 30, 2010, as reported |
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| under subsection (j) of Section 30; multiplied by (ii) |
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| statewide recycling or reuse goal for all CEDs under subsection |
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| (b) of Section 15. |
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| (c) For program years 2012 and thereafter, the statewide |
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| recycling or reuse goal for for computer and computer monitor |
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| manufacturers is the product of: (i) an amount equal to the |
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| total weight of computers and computer monitors recycled or |
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| processed for reuse during the previous program year, as |
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| reported under subsection (d) of Section 20, divided by the |
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| total weight of all CEDs recycled or processed for reuse, as |
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| reported under subsection (d) of Section 20; multiplied by (ii) |
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| statewide recycling or reuse goal for all CEDs under subsection |
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| (c) of Section 15. |
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| Section 18. Determination of market shares and return |
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| shares. |
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| (a) The recycling or reuse goal for each television |
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| manufacturer is based upon that manufacturer's market share. |
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| The market share for each television manufacturer is the |
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| following: |
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| (1) For program year 2010, the quotient of: (i) the |
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| total weight of the manufacturer's televisions that were |
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| sold at retail in this State to individuals between October |
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| 1, 2008 and March 31, 2009, as reported under subsection |
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| (h) of Section 30; divided by (ii) the total weight of all |
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| televisions that were sold at retail in this State to |
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| individuals between October 1, 2008 and March 31, 2009, as |
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| reported under subsection (h) of Section 30. |
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| (2) For program year 2011, the quotient of: (i) the |
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| total weight of the manufacturer's televisions that were |
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| sold at retail in this State to individuals between January |
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| 1, 2010 and June 30, 2010, as reported under subsection (i) |
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| of Section 30; divided by (ii) the total weight of all |
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| televisions that were sold at retail in this State to |
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| individuals between January 1, 2010 and June 30, 2010, as |
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| reported under subsection (i) of Section 30. |
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| (3) For program years 2012 and thereafter, the quotient |
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| of: (i) the total weight of the manufacturer's televisions |
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| that were sold at retail in this State to individuals |
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| during the previous program year, as reported under |
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| subsection (k) of Section 30; divided by (ii) the total |
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| weight of all televisions sold at retail in this State to |
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| individuals during the previous program year, as reported |
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| under subsection (k) of Section 30. |
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| (b) The recycling or reuse goals for each manufacturer of |
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| computers or computer monitors is based upon that |
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| manufacturer's return share. The return share for each |
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| manufacturer of computers or computer monitors is the |
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| following: |
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| (1) For program year 2010, the return share for each |
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| manufacturer shall be determined using
the information the |
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| Florida Department of Environmental Protection used to |
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| create its October 5, 2007, report entitled "Quantifying |
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| Electronic Product Brand Market Share as a Metric for |
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| Apportioning Manufacturer Share of Recycling System |
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| Costs". Using the same information that was used to |
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| generate Tables 6 and 9 of the report, a manufacturer's |
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| return share shall be equal to the quotient of: (i) the sum |
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| of the number of the manufacturer's computers received for |
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| recycling plus the number of the manufacturer's computer |
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| monitors received for recycling, divided by (ii) the sum of |
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| the total number of computers received for recycling plus |
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| the total number computer monitors received for recycling.
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| (2) For program year 2011, the quotient of: (i) the |
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| total weight of the manufacturer's computers and computer |
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| monitors that were taken out of service from a residence in |
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| this State and recycled or processed for reuse between |
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| January 1, 2010 and June 30, 2010, as reported under |
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| subsection (j) of Section 30; divided by (ii) the total |
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| weight of all computers and computer monitors that were |
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| taken out of service from a residence in this State and |
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| recycled or processed for reuse between January 1, 2010 and |
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| June 30, 2010, as reported under subsection (j) of Section |
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| 30. |
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| (3) For program years 2012 and thereafter, the quotient |
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| of: (i) the total weight of the manufacturer's computers |
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| and computer monitors that were taken out of service from a |
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| residence in this State and recycled or processed for reuse |
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| during the previous program year, as reported under |
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| subsection (l) of Section 30; divided by (ii) the total |
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| weight of all computers and computer monitors that were |
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| taken out of service from a residence in this State and |
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| recycled or processed for reuse during the previous program |
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| year, as reported under subsection (l) of Section 30. |
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| Section 19. Recycling or reuse goals for individual |
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| manufacturers. |
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| (a) The individual recycling and reuse goal for each |
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| television manufacturer is the product of (i) the statewide |
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| goal for the recycling and reuse for all television |
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| manufacturers under Section 16; multiplied by (ii) that |
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| manufacturer's market share under subsection (a) of Section 18. |
19 |
| (b) The individual recycling and reuse goal for each |
20 |
| manufacturer of computers or computer monitors is the product |
21 |
| of (i) the statewide goal for the recycling and reuse for all |
22 |
| all computer and computer monitor manufacturers under Section |
23 |
| 17; multiplied by (ii) that manufacturer's return share under |
24 |
| subsection (b) of Section 18. |
|
|
|
09500SB2313sam001 |
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LRB095 19031 BDD 47899 a |
|
|
1 |
| Section 20. Agency responsibilities. |
2 |
| (a) The Agency has the authority to monitor compliance with |
3 |
| this Act and to refer violations of this Act to the Attorney |
4 |
| General. |
5 |
| (b) No later than October 1 of each program year, the |
6 |
| Agency shall post on its website a list of underserved counties |
7 |
| in the State for the next program year. The list of underserved |
8 |
| counties for the first program year is set forth in subsection |
9 |
| (a) of Section 60. |
10 |
| (c) By July 1, 2009, the Agency shall implement a county |
11 |
| and municipal government education campaign to inform those |
12 |
| entities about this Act and the implications on solid waste |
13 |
| collection in their localities. |
14 |
| (d) By July 1, 2011 for the first program year, and by |
15 |
| April 1 for all subsequent program years, the Agency shall |
16 |
| report to the Governor and to the General Assembly annually on |
17 |
| the previous program year's performance. The report must be |
18 |
| posted on the Agency's website. The report must include, but |
19 |
| not be limited to, the following: |
20 |
| (1) the total overall weight of CEDs, as well as the |
21 |
| sub-total weight of computers, the sub-total weight of |
22 |
| computer monitors, the sub-total weight of televisions, |
23 |
| and the total weight of EEDs that were recycled or |
24 |
| processed for reuse in the State during the program year, |
25 |
| as reported by manufacturers and collectors under Sections |
26 |
| 30 and 55; |
|
|
|
09500SB2313sam001 |
- 18 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| (2) a listing of all collection sites as set forth |
2 |
| under subsection (e) of Section 55; |
3 |
| (3) a statement of the manufacturers' progress toward |
4 |
| achieving the statewide recycling goal set forth in Section |
5 |
| 15 (calculated from the manufacturer reports pursuant to |
6 |
| Section 30 and the collector reports pursuant to Section |
7 |
| 55) and any identified State actions that may help expand |
8 |
| collection opportunities to help manufacturers achieve the |
9 |
| statewide recycling goal; |
10 |
| (4) a listing of any manufacturers whom the Agency |
11 |
| referred to the Attorney General's Office for enforcement |
12 |
| as a result of a violation of this Act; and |
13 |
| (5) a discussion of the Agency's education and outreach |
14 |
| activities. |
15 |
| (e) The Agency shall post on its website a list of |
16 |
| registered collectors to whom Illinois residents can bring CEDs |
17 |
| and EEDs for recycling or processing for reuse, including links |
18 |
| to the collectors' websites and the collectors' phone numbers. |
19 |
| (f) In program years 2012, 2013, and 2014, and at its |
20 |
| discretion thereafter, the Agency shall convene and host an |
21 |
| Electronic Products Recycling Conference. The Agency may host |
22 |
| the conferences alone or with other public entities or with |
23 |
| organizations associated with electronic products recycling. |
24 |
| (g) No later than October 1 of each program year, the |
25 |
| Agency must post on its website the following information for |
26 |
| the next program year: |
|
|
|
09500SB2313sam001 |
- 19 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| (1) The overall statewide recycling and reuse goal for |
2 |
| CEDs, as well as the sub-goals for televisions, and |
3 |
| computers and computer monitors, as set forth in Section |
4 |
| 15. |
5 |
| (2) The market shares of television manufacturers and |
6 |
| the return shares of computer and computer monitor |
7 |
| manufacturers, as set forth in Section 18, and |
8 |
| (3) The individual recycling and reuse goals for each |
9 |
| manufacturer, as set forth in Section 19. |
10 |
| Section 30. Manufacturer responsibilities. |
11 |
| (a) Prior to April 1, 2009 for the first program year, and |
12 |
| by October 1 for program year 2011 and thereafter, |
13 |
| manufacturers whose computers, computer monitors, or |
14 |
| televisions are sold in this State must register with the |
15 |
| Agency. The registration must be submitted in the form and |
16 |
| manner required by the Agency. The registration must include, |
17 |
| without limitation, all of the following: |
18 |
| (1) a list of all of the manufacturer's brands of |
19 |
| computers, computer monitors, or televisions to be offered |
20 |
| for sale in the next program year; |
21 |
| (2) for manufacturers of both televisions and |
22 |
| computers or computer monitors, an identification of |
23 |
| whether, for residential use, (i) televisions or (ii) |
24 |
| computers and computer monitors, represent the larger |
25 |
| number of units sold for the manufacturer; and |
|
|
|
09500SB2313sam001 |
- 20 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| (3) a statement disclosing whether: |
2 |
| (A) any computer, computer monitor, or television |
3 |
| sold in this State exceeds the maximum concentration |
4 |
| values established for lead, mercury, cadmium, |
5 |
| hexavalent chromium, polybrominated biphenyls (PBBs), |
6 |
| and polybrominated diphenyl ethers (PBDEEs) under the |
7 |
| RoHS (restricting the use of certain hazardous |
8 |
| substances in electrical and electronic equipment) |
9 |
| Directive 2002/95/EC of the European Parliament and |
10 |
| Council and any amendments thereto and, if so, an |
11 |
| identification of that computer, computer monitor, or |
12 |
| television; or |
13 |
| (B) the manufacturer has received an exemption |
14 |
| from one or more of those maximum concentration values |
15 |
| under the RoHS Directive that has been approved and |
16 |
| published by the European Commission. |
17 |
| If, during the program year, a manufacturer's computer, |
18 |
| computer monitor, or television is sold or offered for sale |
19 |
| under a new brand that is not listed in the manufacturer's |
20 |
| registration, then, within 30 days after the first sale or |
21 |
| offer for sale under the new brand, the manufacturer must amend |
22 |
| its registration to add the new brand. |
23 |
| (b) Prior to July 1, 2009 for the first program year, and |
24 |
| by November 1 for program years 2011 and later, all |
25 |
| manufacturers whose computers, computer monitors, or |
26 |
| televisions are sold in the State shall submit to the Agency, |
|
|
|
09500SB2313sam001 |
- 21 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| at an address prescribed by the Agency, the registration fee |
2 |
| for the next program year. The registration fee for program |
3 |
| year 2010 is $5,000. |
4 |
| For program years 2011 and later, the registration fee is |
5 |
| increased each year by an inflation factor determined by the |
6 |
| annual Implicit Price Deflator for Gross National Product, as |
7 |
| published by the U.S. Department of Commerce in its Survey of |
8 |
| Current Business. The inflation factor must be calculated each |
9 |
| year by dividing the latest published annual Implicit Price |
10 |
| Deflator for Gross National Product by the annual Implicit |
11 |
| Price Deflator for Gross National Product for the previous |
12 |
| year. The inflation factor must be rounded to the nearest |
13 |
| 1/100th, and the resulting registration fee must be rounded to |
14 |
| the nearest whole dollar. No later than October 1 of each |
15 |
| program year, the Agency shall post on its website the |
16 |
| registration fee for the next program year. |
17 |
| (c) A manufacturer whose computers, computer monitors, or |
18 |
| televisions are first sold or offered for sale in this State on |
19 |
| or after January 1 of a program year must register with the |
20 |
| Agency in accordance with subsection (a) of this Section and |
21 |
| submit the registration fee required under subsection (b) of |
22 |
| this Section prior to the manufacturer's computers, computer |
23 |
| monitors, or televsions being sold or offered for sale. |
24 |
| (d) Each manufacturer shall recycle or process for reuse |
25 |
| CEDs and EEDs whose total weight equals or exceeds the |
26 |
| manufacturer's individual recycling and reuse goal set forth in |
|
|
|
09500SB2313sam001 |
- 22 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| Section 19 of this Act. Individual consumers may not be charged |
2 |
| an end-of-life fee when bringing their CEDs and EEDs to |
3 |
| permanent or temporary collection locations, unless a |
4 |
| financial incentive of equal value, such as a coupon, is |
5 |
| provided. Collectors may charge a fee for premium services such |
6 |
| as curbside collection, home pick-up, or a similar method of |
7 |
| collection. |
8 |
| When determining whether a manufacturer has met or exceeded |
9 |
| its individual recycling and reuse goal set forth in Section 19 |
10 |
| of this Act, all of the following adjustments must be made: |
11 |
| (1) The total weight of CEDs processed for reuse by the |
12 |
| manufacturer, its recyclers, or its refurbishers is |
13 |
| doubled. |
14 |
| (2) The total weight of CEDs is tripled if they are |
15 |
| donated for reuse by the manufacturer to a primary or |
16 |
| secondary public education institution or to a |
17 |
| not-for-profit entity that is established under Section |
18 |
| 501(c)(3) of the Internal Revenue Code of 1986 and whose |
19 |
| principal mission is to assist low-income children or |
20 |
| families or to assist the developmentally disabled in |
21 |
| Illinois. This subsection applies only to CEDs for which |
22 |
| the manufacturer has received a written confirmation that |
23 |
| the recipient has accepted the donation. Copies of all |
24 |
| written confirmations must be submitted in the annual |
25 |
| report required under Section 30. |
26 |
| (3) The total weight of CEDs collected by manufacturers |
|
|
|
09500SB2313sam001 |
- 23 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| free of charge in underserved counties is doubled. This |
2 |
| subsection applies only to CEDs that are documented by |
3 |
| collectors as being collected or received free of charge in |
4 |
| underserved counties. This documentation must include, |
5 |
| without limitation, the date and location of collection or |
6 |
| receipt, the weight of the CEDs collected or received, and |
7 |
| an acknowledgement by the collector that the CEDs were |
8 |
| collected or received free of charge. Copies of the |
9 |
| documentation must be submitted in the annual report |
10 |
| required under subsection (h), (i), (j), (k), or (l) of |
11 |
| Section 30. |
12 |
| (e) Manufacturers of computers or computer monitors, |
13 |
| either individually or collectively, shall hire an independent |
14 |
| third-party auditor to perform statistically significant |
15 |
| return share samples of CEDs received by recyclers and |
16 |
| refurbishers for recycling or processing for reuse. Each |
17 |
| third-party auditor shall perform a return share sample of CEDs |
18 |
| for at least one 8-hour period, once a quarter during the |
19 |
| program year at the facility of each registered recycler and |
20 |
| refurbisher under contract with the manufacturer or group of |
21 |
| manufacturers that has hired the auditor. The audit shall |
22 |
| contain the following data: |
23 |
| (1) the number and weight of
CEDs, sorted by brand name |
24 |
| and product type, including a category for orphan CEDs; |
25 |
| (2) the total weight of the sample by product type; |
26 |
| (3) the date, location, and time of the
sampling; |
|
|
|
09500SB2313sam001 |
- 24 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| (4) the name or names of the manufacturer for whom the |
2 |
| recycler is
performing activities under this Act; and |
3 |
| (5) a certification by the third-party auditor that
the |
4 |
| sampling is statistically significant and, if not, an |
5 |
| explanation as to what occurred to
render the sampling |
6 |
| insignificant. |
7 |
| The manufacturer shall notify the Agency 30 days prior to |
8 |
| the third-party auditor's return share sampling by providing |
9 |
| the Agency with the time and date on which the third-party will |
10 |
| perform the return share sample. The Agency may, at its |
11 |
| discretion, be present at any sampling event and may audit the |
12 |
| methodology and the results of the third-party auditor. |
13 |
| No less than 30 days after the close of each calendar |
14 |
| quarter, the manufacturer shall submit to the Agency the |
15 |
| results of the third-party samplings conducted during the |
16 |
| quarter. The results shall be submitted in the form and manner |
17 |
| required by the Agency. |
18 |
| (f) Manufacturers shall ensure that only recyclers and |
19 |
| refurbishers that have registered with the Agency are used to |
20 |
| meet the individual recycling and reuse goals set forth in this |
21 |
| Act. |
22 |
| (g) Manufacturers shall ensure that the recyclers and |
23 |
| refurbishers used to meet the individual recycling and reuse |
24 |
| goals set forth in this Act shall, at a minimum, comply with |
25 |
| the standards set forth under subsection (d) of Section 50 of |
26 |
| this Act. |
|
|
|
09500SB2313sam001 |
- 25 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| (h) By August 15, 2009, television manufacturers shall |
2 |
| submit to the Agency, in the form and manner required by the |
3 |
| Agency, a report that contains the total weight of televisions |
4 |
| sold under each of the manufacturer's brands to individuals at |
5 |
| retail in this State, as set forth in the reports to |
6 |
| manufacturers by retailers under subsection (c) of Section 40. |
7 |
| (i) No later than September 1, 2010, television |
8 |
| manufacturers must submit to the Agency, in the form and manner |
9 |
| required by the Agency, a report for the period January 1, 2010 |
10 |
| through June 30, 2010 that contains the following information: |
11 |
| (1) the total weight of televisions sold under each of |
12 |
| the manufacturer's brands to individuals at retail in this |
13 |
| State, as set forth in the reports submitted under |
14 |
| subsection (d) of Section 40; and |
15 |
| (2) the total weight of computers, the total weight of |
16 |
| computer monitors, the total weight of televisions, and the |
17 |
| total weight of EEDs recycled or processed for reuse. |
18 |
| (j) By August 15, 2010, computer and computer monitor |
19 |
| manufacturers shall submit to the Agency, on forms and in a |
20 |
| format prescribed by the Agency, a report for the period |
21 |
| January 1, 2010 through June 30, 2010, that contains the total |
22 |
| weight of computers, the total weight of computer monitors, the |
23 |
| total weight of televisions, and the total weight of EEDs, |
24 |
| recycled or processed for reuse. |
25 |
| (k) No later than April 1 of program years 2011 and |
26 |
| thereafter, television manufacturers shall submit to the |
|
|
|
09500SB2313sam001 |
- 26 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| Agency, in the form and manner required by the Agency, a report |
2 |
| that contains the following information for the previous |
3 |
| program year: |
4 |
| (1) the total weight of televisions sold under each of |
5 |
| the manufacturer's brands to individuals at retail in this |
6 |
| State, as set forth in the reports submitted under |
7 |
| subsection (e) of Section 40; |
8 |
| (2) the total weight of computers, the total weight of |
9 |
| computer monitors, the total weight of televisions, and the |
10 |
| total weight of EEDs recycled or processed for reuse; |
11 |
| (3) the identification of all weights that are adjusted |
12 |
| under subsection (d) of this Section. For all weights |
13 |
| adjusted under item (2) of subsection (d), the manufacturer |
14 |
| must include copies of the written confirmation required |
15 |
| under that subsection; |
16 |
| (4) a list of each recycler, refurbisher, and collector |
17 |
| used by the manufacturer to fulfill the manufacturer's |
18 |
| individual recycling and reuse goal set forth in Section 19 |
19 |
| of this Act; |
20 |
| (5) a summary of the manufacturer's consumer education |
21 |
| program required under subsection (m) of this Section. |
22 |
| (l) No later than April 1 of program years 2011 and |
23 |
| thereafter, computer and computer monitor manufacturers shall |
24 |
| submit to the Agency, on forms and in a format prescribed by |
25 |
| the Agency, a report that contains the following information |
26 |
| for the previous program year: |
|
|
|
09500SB2313sam001 |
- 27 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| (1) the total weight of computers, the total weight of |
2 |
| computer monitors, the total weight of televisions, and the |
3 |
| total weight of and EEDs recycled or processed for reuse; |
4 |
| (2) the identification of all weights that are adjusted |
5 |
| under subsection (d) of this Section. For all weights |
6 |
| adjusted under item (2) of subsection (d), the manufacturer |
7 |
| must include copies of the written confirmation required |
8 |
| under that subsection; |
9 |
| (3) a list of each recycler, refurbisher, and collector |
10 |
| used by the manufacturer to fulfill the manufacturer's |
11 |
| individual recycling and reuse goal set forth in subsection |
12 |
| (c) of Section 15 of this Act;
and |
13 |
| (4) a summary of the manufacturer's consumer education |
14 |
| program required under subsection (m) of this Section.
|
15 |
| (m) Manufacturers must develop and maintain a consumer |
16 |
| education program that complements and corresponds to the |
17 |
| primary retailer-driven campaign required under Section 40 of |
18 |
| this Act. The education program shall promote the recycling of |
19 |
| electronic products and proper end-of-life management of the |
20 |
| products by consumers. |
21 |
| (n) Beginning January 1 2010, no manufacturer may sell a |
22 |
| computer, computer monitor, or television in this State unless |
23 |
| the manufacturer is registered with the State as required under |
24 |
| this Act, has paid the required registration fee, and is |
25 |
| otherwise in compliance with the provisions of this Act. |
26 |
| (o) Beginning January 1, 2010, no manufacturer may sell a |
|
|
|
09500SB2313sam001 |
- 28 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| computer, computer monitor, or television in this State unless |
2 |
| the manufacturer's brand name is permanently affixed to, and is |
3 |
| readily visible on, the computer, computer monitor, or |
4 |
| television. |
5 |
| Section 40. Retailer responsibilities. |
6 |
| (a) Retailers shall be a primary source of information |
7 |
| about end-of-life options to residential consumers of |
8 |
| computers, computer monitors, and televisions. At the time of |
9 |
| sale, the retailer shall provide each residential consumer with |
10 |
| information from the Agency's website that provides |
11 |
| information detailing where and how a consumer can recycle a |
12 |
| CED or return a CED for reuse. |
13 |
| (b) Beginning January 1, 2010, no retailer may sell or |
14 |
| offer for sale any computer, computer monitor, or television in |
15 |
| or for delivery into this State unless: |
16 |
| (1) the computer, computer monitor, or television is |
17 |
| labeled with a brand and the label is
permanently affixed |
18 |
| and readily visible; and |
19 |
| (2) the manufacturer is registered with the Agency and |
20 |
| has paid the required registration fee as required under |
21 |
| Section 20 of this Act. |
22 |
| This subsection (b) does not apply to any compter, computer |
23 |
| monitor, or television that was purchased prior to January 1, |
24 |
| 2010. |
25 |
| (c) By July 1, 2009, retailers shall report to each |
|
|
|
09500SB2313sam001 |
- 29 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| television manufacturer, by model, the number of televisions |
2 |
| sold at retail to individuals in this State under each of the |
3 |
| manufacturer's brands during the 6-month period from October 1, |
4 |
| 2008 through March 31, 2009. |
5 |
| (d) By August 1, 2010, retailers shall report to each |
6 |
| television manufacturer, by model, the number of televisions |
7 |
| sold at retail to individuals in this State under each of the |
8 |
| manufacturer's brands between January 1, 2010 and June 30, |
9 |
| 2010. |
10 |
| (e) No later than February 15 of each program year, |
11 |
| retailers shall report to each television manufacturer, by |
12 |
| model, the number of televisions sold at retail to individuals |
13 |
| in this State under each of the manufacturer's brands during |
14 |
| the previous program year. |
15 |
| Section 50. Recycler and refurbisher registration. |
16 |
| (a) Prior to January 1 of each program year, each recycler |
17 |
| and refurbisher must register with the Agency and submit a |
18 |
| registration fee pursuant to subsection (b) for that program |
19 |
| year. Registration must be on forms and in a format prescribed |
20 |
| by the Agency and shall include, but not be limited to, the |
21 |
| address of each location where the recycler or refurbisher |
22 |
| manages CEDs or EEDs and identification of each location at |
23 |
| which the recycler or refurbisher accepts CEDs or EEDs from a |
24 |
| residence. |
25 |
| (b) The registration fee for program year 2010 is $2,000. |
|
|
|
09500SB2313sam001 |
- 30 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| For program years 2011 and thereafter, the registration fee is |
2 |
| increased each year by an inflation factor determined by the |
3 |
| annual Implicit Price Deflator for Gross National Product as |
4 |
| published by the U.S. Department of Commerce in its Survey of |
5 |
| Current Business. The inflation factor must be calculated each |
6 |
| year by dividing the latest published annual Implicit Price |
7 |
| Deflator for Gross National Product by the annual Implicit |
8 |
| Price Deflator for Gross National Product for the previous |
9 |
| year. The inflation factor must be rounded to the nearest |
10 |
| 1/100th, and the resulting registration fee must be rounded to |
11 |
| the nearest whole dollar. No later than October 1 of each |
12 |
| program year, the Agency shall post on its website the |
13 |
| registration fee for the next program year. |
14 |
| (c) No person may act as a recycler or a refurbisher of |
15 |
| CEDs for a manufacturer obligated to meet goals under this Act |
16 |
| unless the recycler or refurbisher is registered and has paid |
17 |
| the registration fee as required under this Section. |
18 |
| (d) Recyclers and refurbishers must, at a minimum, comply |
19 |
| with all of the following: |
20 |
| (1) Recyclers and refurbishers must comply with |
21 |
| federal, State, and local laws and regulations, including |
22 |
| federal and State minimum wage laws, specifically relevant |
23 |
| to the handling, processing, refurbishing and recycling of |
24 |
| residential CEDs and must have proper authorization by all |
25 |
| appropriate governing authorities to perform the handling, |
26 |
| processing, refurbishment, and recycling. |
|
|
|
09500SB2313sam001 |
- 31 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| (2) Recyclers and refurbishers must implement the |
2 |
| appropriate measures to safeguard occupational and |
3 |
| environmental health and safety, through the following: |
4 |
| (A) environmental health and safety training of |
5 |
| personnel, including training with regard to material |
6 |
| and equipment handling, worker exposure, controlling |
7 |
| releases, and safety and emergency procedures; |
8 |
| (B) an up-to-date, written plan for the |
9 |
| identification and management of hazardous materials; |
10 |
| and |
11 |
| (C) an up-to-date, written plan for reporting and |
12 |
| responding to exceptional pollutant releases, |
13 |
| including emergencies such as accidents, spills, |
14 |
| fires, and explosions. |
15 |
| (3) Recyclers and refurbishers must maintain (i) |
16 |
| commercial general liability insurance or the equivalent |
17 |
| corporate guarantee for accidents and other emergencies |
18 |
| with limits of not less than $1,000,000 per occurrence and |
19 |
| $1,000,000 aggregate and (ii) pollution legal liability |
20 |
| insurance with limits not less than $1,000,000 per |
21 |
| occurrence for companies engaged solely in the dismantling |
22 |
| activities and $5,000,000 per occurrence for companies |
23 |
| engaged in recycling. |
24 |
| (4) Recyclers and refurbishers must maintain on file |
25 |
| documentation that demonstrates the completion of an |
26 |
| environmental-health-and-safety audit completed and |
|
|
|
09500SB2313sam001 |
- 32 - |
LRB095 19031 BDD 47899 a |
|
|
1 |
| certified by a competent internal and external auditor |
2 |
| annually. A competent auditor is an individual who, through |
3 |
| professional training or work experience, is appropriately |
4 |
| qualified to evaluate the environmental health and safety |
5 |
| conditions, practices, and procedures of the facility. |
6 |
| Documentation of auditors' qualifications must be |
7 |
| available for inspection by Agency officials and |
8 |
| third-party auditors. |
9 |
| (5) Recyclers and refurbishers must maintain on file |
10 |
| proof of workers' compensation and employers' liability |
11 |
| insurance. |
12 |
| (6) Recyclers and refurbishers must provide adequate |
13 |
| assurance (such as bonds or corporate guarantee) to cover |
14 |
| environmental and other costs of the closure of the |
15 |
| recycler or refurbisher's facility, including cleanup of |
16 |
| stockpiled equipment and materials. |
17 |
| (7) Recyclers and refurbishers must apply |
18 |
| due-diligence principles to the selection of facilities to |
19 |
| which components and materials (such as plastics, metals, |
20 |
| and circuit boards) from CEDs and EEDs are sent for reuse |
21 |
| and recycling. |
22 |
| (8) Recyclers and refurbishers must establish a |
23 |
| documented environmental management system that is |
24 |
| appropriate in level of detail and documentation to the |
25 |
| scale and function of the facility, including documented |
26 |
| regular self-audits or inspections of the recycler or |
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| refurbisher's environmental compliance at the facility. |
2 |
| (9) Recyclers and refurbishers must use the |
3 |
| appropriate equipment for the proper processing of |
4 |
| incoming materials as well as controlling environmental |
5 |
| releases to the environment. The dismantling operations |
6 |
| and storage of CED and EED components that contain |
7 |
| hazardous substances must be conducted indoors and over |
8 |
| impervious floors. Storage areas must be adequate to hold |
9 |
| all processed and unprocessed inventory. When heat is used |
10 |
| to soften solder and when CED and EED components are |
11 |
| shredded, operations must be designed to control indoor and |
12 |
| outdoor hazardous air emissions. |
13 |
| (10) Recyclers and refurbishers must establish a |
14 |
| system for identifying and properly managing components |
15 |
| (such as circuit boards, batteries, CRTs, and mercury |
16 |
| phosphor lamps) that are removed from CEDs and EEDs during |
17 |
| disassembly. Recyclers and refurbishers must properly |
18 |
| manage all hazardous and other components requiring |
19 |
| special handling from CEDs and EEDs consistent with |
20 |
| federal, State, and local laws and regulations. Recyclers |
21 |
| and refurbishers must provide visible tracking (such as |
22 |
| hazardous waste manifests or bills of lading) of hazardous |
23 |
| components and materials from the facility to the |
24 |
| destination facilities and documentation (such as |
25 |
| contracts) stating how the destination facility processes |
26 |
| the materials received. No recycler or refurbisher may |
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| send, either directly or through intermediaries, hazardous |
2 |
| wastes to solid waste (non-hazardous waste) landfills or to |
3 |
| non-hazardous waste incinerators for disposal or energy |
4 |
| recovery. For the purpose of these guidelines, smelting of |
5 |
| hazardous wastes to recover metals for reuse in conformance |
6 |
| with all applicable laws and regulations is not considered |
7 |
| disposal or energy recovery. |
8 |
| (11) Recyclers and refurbishers must use a regularly |
9 |
| implemented and documented monitoring and record keeping |
10 |
| program that tracks inbound CED and EED material weights |
11 |
| (total) and subsequent outbound weights (total to each |
12 |
| destination), injury and illness rates, and compliance |
13 |
| with applicable permit parameters including monitoring of |
14 |
| effluents and emissions. Recyclers and refurbishers must |
15 |
| maintain contracts or other documents, such as sales |
16 |
| receipts, suitable to demonstrate: (i) the reasonable |
17 |
| expectation that there is a downstream market or uses for |
18 |
| designated electronics (which may include recycling or |
19 |
| reclamation processes such as smelting to recover metals |
20 |
| for reuse); and (ii) that any residuals from recycling and |
21 |
| or reclamation processes are properly handled and managed |
22 |
| to maximize reuse and recycling of materials to the extent |
23 |
| practical. |
24 |
| (12) Recyclers and refurbishers must comply with |
25 |
| federal and international law and agreements regarding the |
26 |
| export of used products or materials. In the case of |
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| exports of CEDs and EEDs, recyclers and refurbishers must |
2 |
| comply with applicable requirements of the U.S. and of the |
3 |
| import and transit countries and must maintain proper |
4 |
| business records documenting its compliance. No recycler |
5 |
| or refurbisher may establish or use intermediaries for the |
6 |
| purpose of circumventing these U.S. import and transit |
7 |
| country requirements. |
8 |
| (13) Recyclers and refurbishers that conduct |
9 |
| transactions involving the transboundary shipment of used |
10 |
| CEDs and EEDs shall use contracts (or the equivalent |
11 |
| commercial arrangements) made in advance that detail the |
12 |
| quantity and nature of the materials to be shipped. For the |
13 |
| export of materials to a foreign country (directly or |
14 |
| indirectly through downstream market contractors): (i) the |
15 |
| shipment of intact televisions and computer monitors |
16 |
| destined for reuse must include only whole products that |
17 |
| are tested and certified as being in working order or |
18 |
| requiring only minor repair (e.g. not requiring the |
19 |
| replacement of circuit boards or CRTs), must be destined |
20 |
| for reuse with respect to the original purpose, and the |
21 |
| recipient must have verified a market for the sale or |
22 |
| donation of such product for reuse; (ii) the shipments of |
23 |
| CEDs and EEDs for material recovery must be prepared in a |
24 |
| manner for recycling, including, without limitation, |
25 |
| smelting where metals will be recovered, plastics recovery |
26 |
| and glass-to-glass recycling; or (iii) the shipment of CEDs |
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| and EEDs are being exported to companies or facilities that |
2 |
| are owned or controlled by the original equipment |
3 |
| manufacturer. |
4 |
| (14) Recyclers and refurbishers must maintain the |
5 |
| following export records for each shipment on file for a |
6 |
| minimum of 3 years: (i) the facility name and the address |
7 |
| to which shipment is exported; (ii) the shipment contents |
8 |
| and volumes; (iii) the intended use of contents by the |
9 |
| destination facility; (iv) any specification required by |
10 |
| the destination facility in relation to shipment contents; |
11 |
| (v) an assurance that all shipments for export, as |
12 |
| applicable to the CED manufacturer, are legal and satisfy |
13 |
| all applicable laws of the destination country. |
14 |
| (15) Recyclers and refurbishers must employ |
15 |
| industry-accepted procedures for the destruction or |
16 |
| sanitization of data on hard drives and other data storage |
17 |
| devices. Acceptable guidelines for the destruction or |
18 |
| sanitization of data are contained in the National |
19 |
| Institute of Standards and Technology's Guidelines for |
20 |
| Media Sanitation or those guidelines certified by the |
21 |
| National Association for Information Destruction; |
22 |
| (16) No recycler or refurbisher may employ prison labor |
23 |
| in any operation related to the collection, |
24 |
| transportation, recycling, and refurbishment of CEDs and |
25 |
| EEDs. No recycler or refurbisher may employ any third-party |
26 |
| that uses or subcontracts for the use of prison labor. |
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| Section 55. Collector responsibilities. |
2 |
| (a) No later than January 1 of each program year, |
3 |
| collectors that collect or receive CEDs or EEDs for one or more |
4 |
| manufacturers, recyclers, or refurbishers shall register with |
5 |
| the Agency. Registration must be in the form and manner |
6 |
| required by the Agency and must include, without limitation, |
7 |
| the address of each location where CEDs or EEDs are received |
8 |
| and the identification of each location at which the collector |
9 |
| accepts CEDs or EEDs from a residence. |
10 |
| (b) Manufacturers, recyclers, refurbishers also acting as |
11 |
| collectors shall so indicate on their registration under |
12 |
| Section 30 or 50 and not register separately as collectors. |
13 |
| (c) No later than August 15, 2010, collectors must submit |
14 |
| to the Agency, on forms and in a format prescribed by the |
15 |
| Agency, a report for the period from January 1, 2010 through |
16 |
| June 30, 2010 that contains the following information: the |
17 |
| total weight of computers, the total weight of computer |
18 |
| monitors, the total weight of televisions, and the total weight |
19 |
| of EEDs collected or received for each manufacturer. |
20 |
| (d) No later than May 1 of each program year, collectors |
21 |
| must submit to the Agency, on forms and in a format prescribed |
22 |
| by the Agency, a report that contains the following information |
23 |
| for the previous program year: |
24 |
| (1) the total weight of computers, the total weight of |
25 |
| computer monitors, the total weight of televisions, and the |
|
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| total weight of EEDs collected or received for each |
2 |
| manufacturer during the program year. |
3 |
| (2) a list of each recycler and refurbisher that |
4 |
| received CEDs and EEDs from the collector and the total |
5 |
| weight each recycler and refurbisher received. |
6 |
| (3) the address of each collector's facility where the |
7 |
| CEDs and EEDs were collected or received. Each facility |
8 |
| address must include the county in which the facility is |
9 |
| located. |
10 |
| (e) Collectors may accept no more than 10 CEDs or EEDs at |
11 |
| one time from individual members of the public and, when |
12 |
| scheduling collection events, shall provide no fewer than 30 |
13 |
| days' notice to the county waste agency of those events. |
14 |
| Section 60. Collection strategy for underserved counties. |
15 |
| (a) For program year 2010, all counties in this State |
16 |
| except the following are considered underserved: Champaign, |
17 |
| Clay, Clinton, Cook, DuPage, Fulton, Hancock, Henry, Jackson, |
18 |
| Kane, Kendall, Knox, Lake, Livingston, Macoupin, McDonough, |
19 |
| McHenry, McLean, Mercer, Peoria, Rock Island, St. Clair, |
20 |
| Sangamon, Shuyler, Stevenson, Warren, Will, Williamson, and |
21 |
| Winnebago. |
22 |
| (b) For program years 2011 and later, underserved counties |
23 |
| shall be counties in this State that, during the program year 2 |
24 |
| years prior, were not served by a minimum of one collection |
25 |
| site that (i) accepted all types of CEDs and EEDs and (ii) was |
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| open for a minimum of 8 hours on at least one day per month of |
2 |
| that program year. For the purposes of this subsection (b), |
3 |
| 2009 shall be considered to have been a program year, and for |
4 |
| the program year 2012 the determination of whether a county is |
5 |
| underserved shall be based on the criteria of this subsection |
6 |
| (b) instead of the county's inclusion in the list set forth in |
7 |
| subsection (a) of this Section. |
8 |
| Section 65. State government procurement. |
9 |
| (a) The Department of Central Management Services shall |
10 |
| ensure that all bid specifications and contracts for the |
11 |
| purchase or lease of desktop computers, laptop or notebook |
12 |
| computers, and computer monitors by State agencies under a |
13 |
| statewide master contract require that the electronic products |
14 |
| have a Bronze performance tier or higher registration under the |
15 |
| Electronic Product Environmental Assessment Tool ("EPEAT") |
16 |
| operated by the Green Electronics Council. |
17 |
| (b) The Department of Central Management Services shall |
18 |
| ensure that bid specifications and contracts for the purchase |
19 |
| or lease of televisions by State agencies under a statewide |
20 |
| master contract require that the televisions have a Bronze |
21 |
| performance tier or higher registration under EPEAT if the |
22 |
| Department determines that there are an adequate number of the |
23 |
| televisions registered under EPEAT to provide a sufficiently |
24 |
| competitive-bidding environment. |
25 |
| (c) This Section applies to bid specifications issued, and |
|
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| contracts entered into, on or after January 1, 2010. |
2 |
| Section 70. Relation to federal law. Following the adoption |
3 |
| of a federal law or regulation that establishes mandated |
4 |
| recycling goals for CEDs that equal or exceed the goals set |
5 |
| forth in this Act, the Agency shall notify the General Assembly |
6 |
| of the federal law or regulation and recommend the repeal of |
7 |
| this Act. |
8 |
| Section 75. Severability. The provisions of this Act are |
9 |
| severable under Section 1.31 of the Statute on Statutes. |
10 |
| Section 80. Penalties. |
11 |
| (a) Except as otherwise provided in this Act, any person |
12 |
| who violates any provision of this Act or fails to perform any |
13 |
| duty under this Act is liable for a civil penalty not to exceed |
14 |
| $1,000 for the violation and an additional civil penalty not to |
15 |
| exceed $1,000 for each day the violation continues and is |
16 |
| liable for a civil penalty not to exceed $5,000 for a second or |
17 |
| subsequent violation and an additional civil penalty not to |
18 |
| exceed $1,000 for each day the second or subsequent violation |
19 |
| continues. |
20 |
| (b) A manufacturer that is not registered with the Agency |
21 |
| as required under this Act, or that has not paid the |
22 |
| registration fee as required under this Act, is liable for a |
23 |
| civil penalty not to exceed $10,000 for the violation and an |
|
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| additional civil penalty not to exceed $10,000 for each day the |
2 |
| violation continues. |
3 |
| (c) A manufacturer in violation of subsection (d) of |
4 |
| Section 30 of this Act in program year 2012 or thereafter is |
5 |
| liable for a civil penalty equal to the following: |
6 |
| (1) if the total weight of CEDs and EEDs recycled or |
7 |
| processed for reuse by the manufacturer equals or exceeds |
8 |
| 90% of the manufacturer's individual recycling or reuse |
9 |
| goal set forth in Section 19 of this Act, the penalty is |
10 |
| equal to the product of: (i) $0.60 per pound; multiplied by |
11 |
| (ii) the difference between the manufacturer's individual |
12 |
| recycling or reuse goal and the total weight of CEDs and |
13 |
| EEDs recycled or processed for reuse by the manufacturer |
14 |
| during the program year; |
15 |
| (2) if the total weight of CEDs and EEDs recycled or |
16 |
| processed for reuse by the manufacturer equals or exceeds |
17 |
| 80% of the manufacturer's individual recycling or reuse |
18 |
| goal set forth in Section 19 of this Act, but does not |
19 |
| equal or exceed 90% of the goal, the penalty is equal to |
20 |
| the product of: (i) $0.70 per pound; multiplied by (ii) the |
21 |
| difference between the manufacturer's individual recycling |
22 |
| or reuse goal and the total weight of CEDs and EEDs |
23 |
| recycled or processed for reuse by the manufacturer during |
24 |
| the program year; |
25 |
| (3) if the total weight of CEDs and EEDs recycled or |
26 |
| processed for reuse by the manufacturer is less than 80% of |
|
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| the manufacturer's individual recycling or reuse goal set |
2 |
| forth in Section 19 of this Act, the penalty is equal to |
3 |
| the product of: (i) $0.80 per pound; multiplied by (ii) the |
4 |
| difference between the manufacturer's individual recycling |
5 |
| or reuse goal and the total weight of CEDs and EEDs |
6 |
| recycled or processed for reuse by the manufacturer during |
7 |
| the program year. |
8 |
| (d) Beginning January 1, 2010, a manufacturer in violation |
9 |
| of subsection (e), (h), (i), (j), (k), or (l) of Section 30 is |
10 |
| liable for a civil penalty not to exceed $5,000 for the |
11 |
| violation and an additional civil penalty not to exceed $10,000 |
12 |
| for each day the violation continues. |
13 |
| (e) Any person in violation of Section 50 of this Act is |
14 |
| liable for a civil penalty not to exceed $5,000 for the |
15 |
| violation and an additional civil penalty not to exceed $10,000 |
16 |
| for each day the violation continues. |
17 |
| (f) A knowing violation of subsections (a) and (c) of |
18 |
| Section 95 of this Act is a petty offense punishable by a fine |
19 |
| of $100. |
20 |
| (g) The penalties provided for in this Act may be recovered |
21 |
| in a civil action brought by the Attorney General on behalf of |
22 |
| the Agency and the People of the State of Illinois, or by the |
23 |
| State's Attorney of the county in which the violation occurred. |
24 |
| Without limiting any other authority that may exist for the |
25 |
| awarding of attorneys' fees and costs, a court of competent |
26 |
| jurisdiction may award costs and reasonable attorneys' fees, |
|
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| including the reasonable costs of expert witnesses and |
2 |
| consultants, to the Attorney General or the State's Attorney in |
3 |
| a case where he or she has prevailed against a person who has |
4 |
| committed a willful, knowing, or repeated violation of this |
5 |
| Act. Any moneys collected under this Section in which the |
6 |
| Attorney General has prevailed shall be deposited into the |
7 |
| Electronic Recycling Fund, established under this Act. Any |
8 |
| moneys collected under this Section in an action in which the |
9 |
| State's Attorney has prevailed shall be retained by the county |
10 |
| in which he or she serves. |
11 |
| (h) The Attorney General or the State's Attorney of the |
12 |
| county in which the violation occurred may, at the request of |
13 |
| the Agency or on his or her own motion, institute a civil |
14 |
| action for an injunction, prohibitory or mandatory, to retrain |
15 |
| violations of this Act or to require such actions as may be |
16 |
| necessary to address violations of this Act. |
17 |
| (i) The penalties and injunctions provided in this Act are |
18 |
| in addition to any penalties, injunctions, or other relief |
19 |
| provided under any other law. Nothing in this Act bars a cause |
20 |
| of action by the State for any other penalty, injunction, or |
21 |
| relief provided by any other law. |
22 |
| Section 85. Electronics Recycling Fund. The Electronics |
23 |
| Recycling Fund is created as a special fund in the State |
24 |
| treasury. The Agency shall deposit all registration fees |
25 |
| received under this Act into the Fund. All amounts held in the |
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| Fund shall be invested at interest by the State Treasurer. All |
2 |
| income earned from the investments shall be deposited into the |
3 |
| Electronics Recycling Fund no less frequently than quarterly. |
4 |
| Pursuant to appropriation, all moneys in the Electronics |
5 |
| Recycling Fund may be used by the Agency for its administration |
6 |
| of this Act. Any moneys appropriated from the Electronics |
7 |
| Recycling Fund, but not obligated, shall revert to the Fund. |
8 |
| Section 90. Relation to other State laws. Nothing in this |
9 |
| Act affects the validity or application of any other law of |
10 |
| this State, or regulations adopted thereunder. |
11 |
| Section 95. Landfill ban. |
12 |
| (a) Beginning January 1, 2012, no person may knowingly |
13 |
| cause or allow the mixing of a CED, or any other computer, |
14 |
| computer monitor, or television with municipal waste that is |
15 |
| intended for disposal at a landfill. |
16 |
| (b) Beginning January 1, 2012, no person may knowingly |
17 |
| cause or allow the disposal of a CED or any other computer, |
18 |
| computer monitor, or television in a sanitary landfill. |
19 |
| (c) Beginning January 1, 2012, no person may knowingly |
20 |
| cause or allow the mixing of a CED, or any other computer, |
21 |
| computer monitor, or television with waste that is intended for |
22 |
| disposal by burning or incineration. |
23 |
| (d) Beginning January 1, 2012, no person may knowingly |
24 |
| cause or allow the burning or incineration of a CED, or any |