HB1439 EngrossedLRB100 03186 MJP 13191 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Section 50 as follows:
 
6    (415 ILCS 150/50)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 50. Recycler and refurbisher registration.
9    (a) Prior to January 1 of each program year, through
10program year 2018, each recycler and refurbisher must register
11with the Agency and submit a registration fee pursuant to
12subsection (b) for that program year. Registration must be on
13forms and in a format prescribed by the Agency and shall
14include, but not be limited to, the address of each location
15where the recycler or refurbisher manages CEDs or EEDs and
16identification of each location at which the recycler or
17refurbisher accepts CEDs or EEDs from a residence.
18    (b) The registration fee for program year 2010 is $2,000.
19For program year 2011, if a recycler's or refurbisher's annual
20combined total weight of CEDs and EEDs is less than 1,000 tons
21per year, the registration fee shall be $500. For program year
222012 and for all subsequent program years, through program year
232018, both registration fees shall be increased each year by an

 

 

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1inflation factor determined by the annual Implicit Price
2Deflator for Gross National Product as published by the U.S.
3Department of Commerce in its Survey of Current Business. The
4inflation factor must be calculated each year by dividing the
5latest published annual Implicit Price Deflator for Gross
6National Product by the annual Implicit Price Deflator for
7Gross National Product for the previous year. The inflation
8factor must be rounded to the nearest 1/100th, and the
9resulting registration fee must be rounded to the nearest whole
10dollar. No later than October 1 of each program year, through
11October 1, 2017, the Agency shall post on its website the
12registration fee for the next program year.
13    (c) Through program year 2018, no person may act as a
14recycler or a refurbisher of CEDs for a manufacturer obligated
15to meet goals under this Act unless the recycler or refurbisher
16is registered with the Agency and has paid the registration fee
17as required under this Section. Beginning in program year 2016,
18and through program year 2018, all recycling or refurbishing
19facilities used by collectors of CEDs and EEDs shall be
20accredited by the Responsible Recycling (R2) Practices or
21e-Stewards certification programs or any other equivalent
22certification programs recognized by the United States
23Environmental Protection Agency. Accreditation is not required
24for facilities that place cathode ray tube (CRT) glass in
25storage cells for future retrieval in accordance with
26subsection (d) of Section 15 of this Act. Manufacturers of CEDs

 

 

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1and EEDs shall ensure that recycling or refurbishing facilities
2used as part of their recovery programs meet this requirement.
3Any organization that accredits facilities pursuant to this
4Section is prohibited from penalizing or taking other negative
5actions against any recycler, refurbisher, or collector of CEDs
6and EEDs based on the recycler's, refurbisher's, or collector's
7use of a facility that places CRT glass in storage cells for
8future retrieval in accordance with subsection (d) of Section
915 of this Act.
10    (c-5) Through program year 2018, a registered recycler or
11refurbisher of CEDs and EEDs for a manufacturer obligated to
12meet goals under this Act may not charge individual consumers
13or units of local government acting as collectors a fee to
14recycle or refurbish CEDs and EEDs, unless the recycler or
15refurbisher provides (i) a financial incentive, such as a
16coupon, that is of greater or equal value to the fee being
17charged or (ii) premium service, such as curbside collection,
18home pick-up, or similar methods of collection. Local units of
19government serving as collectors of CEDs and EEDs shall not
20charge a manufacturer for collection costs and shall offer the
21manufacturer or its representative all CEDs and EEDs collected
22by the local government at no cost. Nothing in this Act
23requires a local unit of government to serve as a collector.
24    (c-10) Nothing in this Act prohibits any waste hauler from
25entering into a contractual agreement with a unit of local
26government to establish a collection program for the recycling

 

 

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1or reuse of CEDs or EEDs, including services such as curbside
2collection, home pick-up, drop-off locations, or similar
3methods of collection.
4    (d) Through program year 2018, recyclers and refurbishers
5must, at a minimum, comply with all of the following:
6        (1) Recyclers and refurbishers must comply with
7    federal, State, and local laws and regulations, including
8    federal and State minimum wage laws, specifically relevant
9    to the handling, processing, refurbishing and recycling of
10    residential CEDs and must have proper authorization by all
11    appropriate governing authorities to perform the handling,
12    processing, refurbishment, and recycling.
13        (2) Recyclers and refurbishers must implement the
14    appropriate measures to safeguard occupational and
15    environmental health and safety, through the following:
16            (A) environmental health and safety training of
17        personnel, including training with regard to material
18        and equipment handling, worker exposure, controlling
19        releases, and safety and emergency procedures;
20            (B) an up-to-date, written plan for the
21        identification and management of hazardous materials;
22        and
23            (C) an up-to-date, written plan for reporting and
24        responding to exceptional pollutant releases,
25        including emergencies such as accidents, spills,
26        fires, and explosions.

 

 

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

 

 

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

 

 

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1    (such as circuit boards, batteries, CRTs, and mercury
2    phosphor lamps) that are removed from CEDs and EEDs during
3    disassembly. Recyclers and refurbishers must properly
4    manage all hazardous and other components requiring
5    special handling from CEDs and EEDs consistent with
6    federal, State, and local laws and regulations. Recyclers
7    and refurbishers must provide visible tracking (such as
8    hazardous waste manifests or bills of lading) of hazardous
9    components and materials from the facility to the
10    destination facilities and documentation (such as
11    contracts) stating how the destination facility processes
12    the materials received. No recycler or refurbisher may
13    send, either directly or through intermediaries, hazardous
14    wastes to solid waste (non-hazardous waste) landfills or to
15    non-hazardous waste incinerators for disposal or energy
16    recovery. For the purpose of these guidelines, smelting of
17    hazardous wastes to recover metals for reuse in conformance
18    with all applicable laws and regulations is not considered
19    disposal or energy recovery.
20        (11) Recyclers and refurbishers must use a regularly
21    implemented and documented monitoring and record-keeping
22    program that tracks inbound CED and EED material weights
23    (total) and subsequent outbound weights (total to each
24    destination), injury and illness rates, and compliance
25    with applicable permit parameters including monitoring of
26    effluents and emissions. Recyclers and refurbishers must

 

 

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1    maintain contracts or other documents, such as sales
2    receipts, suitable to demonstrate: (i) the reasonable
3    expectation that there is a downstream market or uses for
4    designated electronics (which may include recycling or
5    reclamation processes such as smelting to recover metals
6    for reuse); and (ii) that any residuals from recycling or
7    reclamation processes, or both, are properly handled and
8    managed to maximize reuse and recycling of materials to the
9    extent practical.
10        (12) Recyclers and refurbishers must comply with
11    federal and international law and agreements regarding the
12    export of used products or materials. In the case of
13    exports of CEDs and EEDs, recyclers and refurbishers must
14    comply with applicable requirements of the U.S. and of the
15    import and transit countries and must maintain proper
16    business records documenting its compliance. No recycler
17    or refurbisher may establish or use intermediaries for the
18    purpose of circumventing these U.S. import and transit
19    country requirements.
20        (13) Recyclers and refurbishers that conduct
21    transactions involving the transboundary shipment of used
22    CEDs and EEDs shall use contracts (or the equivalent
23    commercial arrangements) made in advance that detail the
24    quantity and nature of the materials to be shipped. For the
25    export of materials to a foreign country (directly or
26    indirectly through downstream market contractors): (i) the

 

 

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1    shipment of intact televisions and computer monitors
2    destined for reuse must include only whole products that
3    are tested and certified as being in working order or
4    requiring only minor repair (e.g. not requiring the
5    replacement of circuit boards or CRTs), must be destined
6    for reuse with respect to the original purpose, and the
7    recipient must have verified a market for the sale or
8    donation of such product for reuse; (ii) the shipments of
9    CEDs and EEDs for material recovery must be prepared in a
10    manner for recycling, including, without limitation,
11    smelting where metals will be recovered, plastics recovery
12    and glass-to-glass recycling; or (iii) the shipment of CEDs
13    and EEDs are being exported to companies or facilities that
14    are owned or controlled by the original equipment
15    manufacturer.
16        (14) Recyclers and refurbishers must maintain the
17    following export records for each shipment on file for a
18    minimum of 3 years: (i) the facility name and the address
19    to which shipment is exported; (ii) the shipment contents
20    and volumes; (iii) the intended use of contents by the
21    destination facility; (iv) any specification required by
22    the destination facility in relation to shipment contents;
23    (v) an assurance that all shipments for export, as
24    applicable to the CED manufacturer, are legal and satisfy
25    all applicable laws of the destination country.
26        (15) Recyclers and refurbishers must employ

 

 

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1    industry-accepted procedures for the destruction or
2    sanitization of data on hard drives and other data storage
3    devices. Acceptable guidelines for the destruction or
4    sanitization of data are contained in the National
5    Institute of Standards and Technology's Guidelines for
6    Media Sanitation or those guidelines certified by the
7    National Association for Information Destruction;
8        (16) No recycler or refurbisher may employ prison labor
9    in any operation related to the collection,
10    transportation, recycling, and refurbishment of CEDs and
11    EEDs. No recycler or refurbisher may employ any third party
12    that uses or subcontracts for the use of prison labor.
13(Source: P.A. 99-13, eff. 7-10-15; 100-433, eff. 8-25-17.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.