SB1597sam002 100TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 5/8/2017

10000SB1597sam002 LRB100 08906 MJP 26066 a

AMENDMENT TO SENATE BILL 1597

AMENDMENT NO. ______. Amend Senate Bill 1597, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1184 as follows:

(55 ILCS 5/5-1184 new)

Sec. 5-1184. Auxiliary containers.

(a) As used in this Section:

"Auxiliary container" means a bag, carryout bag, cup, bottle, or other packaging that is designed to be reusable or for single use; that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, extruded polystyrene, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi-layer substrates; and that is designed for transporting, containing, or protecting merchandise, food, or beverages from a food service or retail establishment.

"Biodegradable bag" means a bag that allows microbes, in a controlled environment, to break down the material and meets industry standard specifications according to ASTM D6400 or ASTM D6868 or any bag that claims to break down through any means.

"Carryout bag" means a plastic, paper, compostable, or biodegradable bag that is provided by a retail establishment at the checkstand, cash register, point of sale, or other point of departure to a customer for the purpose of transporting goods out of the retail establishment. "Carryout bag" does not include bags used by customers inside stores: to package bulk items, such as fruit, vegetables, nuts, grains, candy; that are used for greeting cards or small hardware items, such as nails and bolts; to contain or wrap frozen foods, meat, or fish, whether prepackaged or not; to contain or wrap flowers or potted plants, or other items where dampness may be a problem; to contain unwrapped prepared foods or bakery goods; to contain prescription drugs; to safeguard public health and safety during the transportation of prepared take-out foods and prepared liquids intended for consumption away from the retail establishment; that are newspaper bags, door-hanger bags, reusable bags, laundry-dry cleaning bags; or that are bags with a retail price of at least $0.50 each.

"Compostable" means that the product completely breaks down into a stable product due to the action of microorganisms in a controlled, aerobic commercial process that results in a material safe and desirable as a soil amendment, meets the compost standards under 35 Ill. Adm. Code 830.503, has been found to degrade satisfactorily at the composting facility receiving the material, meets industry standard specification ASTM D6400, and has been certified as compostable by the Biodegradable Products Institute or a similar national or international certification authority.

"Restaurant" means any business having sales of ready-to-eat food for immediate consumption comprising at least 51% of total sales excluding the sale of liquor.

"Retail establishment" means any person, corporation, partnership, business venture, public sports or entertainment facility, government agency, or organization that sells or provides merchandise, goods, or materials, including, but not limited to, clothing, food, beverages, household goods, or personal items of any kind directly to a customer. "Retail establishment" includes, but is not limited to, department stores, clothing stores, jewelry stores, grocery stores, pharmacies, home improvement stores, liquor stores, convenience stores, gas stations, and farmers markets. "Retail establishment" does not include food banks and other food assistance programs, mobile food delivery, or restaurants.

"Reusable bag" means a carryout bag with handles that is provided by a retail establishment at the checkstand, cash register, point of sale, or other point of departure to a customer for the purpose of transporting goods out of the establishment that is specifically designed and manufactured for multiple reuse, has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds over a distance of at least 175 feet, and is capable of being washed so as to be cleaned and disinfected at least 100 times.

(b) Except as otherwise provided in this Section, a county may not ban, place a fee or tax on, or regulate in any other manner the use, disposition, content, taxation, or sale of auxiliary containers.

(c) A county may regulate carryout bags by imposing a $0.05 fee on each carryout bag used by a customer at retail establishments. The retail establishment shall retain $0.02 of the fee. The retail establishment shall remit the remaining $0.03 of the fee to the Department of Revenue on form ST-1 and the Department of Revenue shall remit the $0.03 to the county where the retailer is located.

If a county imposes a fee under this subsection, the county shall use its $0.03 of the fee to contract with: (i) a governmental entity whose primary function is environmental protection and that operates permanent or temporary household hazardous waste facilities; or (ii) a vendor whose primary function is to collect and process permanent or temporary household hazardous waste. If a governmental entity or vendor receives any part of the county's portion of a fee imposed under this Section and contracts with the county to provide a household hazardous waste collection program, the governmental entity or vendor must take back at least the following items: oil-based paints, latex paints, paint thinners, herbicides, insecticides, pesticides, gasoline, pool chemicals, cleaning products, mercury, household batteries, used motor oil, oil filters, drain cleaners, lawn chemicals, solvents, antifreeze, hobby chemicals, aerosol paints, fluorescent lamp bulbs, pharmaceuticals, carpets, and mattresses.

(d) A county that charged a fee or tax on auxiliary containers on February 1, 2017 may continue to charge the fee or tax. The county is prohibited from further regulating auxiliary containers, including bags and carryout bags, and from making further changes to the bag fee or bag tax ordinance in effect on February 1, 2017. However, the county may change its regulations to be consistent with this Section or eliminate the fee or tax altogether.

(e) A home rule county may not regulate or impose fees or taxes on auxiliary containers in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 10. The Illinois Municipal Code is amended by adding Section 11-42-17 as follows:

(65 ILCS 5/11-42-17 new)

Sec. 11-42-17. Auxiliary containers.

(a) As used in this Section:

"Auxiliary container" means a bag, carryout bag, cup, bottle, or other packaging that is designed to be reusable or for single use; that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, extruded polystyrene, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi-layer substrates; and that is designed for transporting, containing, or protecting merchandise, food, or beverages from a food service or retail establishment.

"Biodegradable bag" means a bag that allows microbes, in a controlled environment, to break down the material and meets industry standard specifications according to ASTM D6400 or ASTM D6868 or any bag that claims to break down through any means.

"Carryout bag" means a plastic, paper, compostable, or biodegradable bag that is provided by a retail establishment at the checkstand, cash register, point of sale, or other point of departure to a customer for the purpose of transporting goods out of the retail establishment. "Carryout bag" does not include bags used by customers inside stores: to package bulk items, such as fruit, vegetables, nuts, grains, candy; that are used for greeting cards or small hardware items, such as nails and bolts; to contain or wrap frozen foods, meat, or fish, whether prepackaged or not; to contain or wrap flowers or potted plants, or other items where dampness may be a problem; to contain unwrapped prepared foods or bakery goods; to contain prescription drugs; to safeguard public health and safety during the transportation of prepared take-out foods and prepared liquids intended for consumption away from the retail establishment; that are newspaper bags, door-hanger bags, reusable bags, laundry-dry cleaning bags; or that are bags with a retail price of at least $0.50 each.

"Compostable" means that the product completely breaks down into a stable product due to the action of microorganisms in a controlled, aerobic commercial process that results in a material safe and desirable as a soil amendment, meets the compost standards under 35 Ill. Adm. Code 830.503, has been found to degrade satisfactorily at the composting facility receiving the material, meets industry standard specification ASTM D6400, and has been certified as compostable by the Biodegradable Products Institute or a similar national or international certification authority.

"Restaurant" means any business having sales of ready-to-eat food for immediate consumption comprising at least 51% of total sales excluding the sale of liquor.

"Retail establishment" means any person, corporation, partnership, business venture, public sports, or entertainment facility, government agency, or organization that sells or provides merchandise, goods, or materials including, but not limited to, clothing, food, beverages, household goods, or personal items of any kind directly to a customer. "Retail establishment" includes, but is not limited to, department stores, clothing stores, jewelry stores, grocery stores, pharmacies, home improvement stores, liquor stores, convenience stores, gas stations, and farmers markets. "Retail establishment" does not include food banks and other food assistance programs, mobile food delivery, or restaurants.

"Reusable bag" means a carryout bag with handles that is provided by a retail establishment at the checkstand, cash register, point of sale, or other point of departure to a customer for the purpose of transporting goods out of the establishment that is specifically designed and manufactured for multiple reuse, has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds over a distance of at least 175 feet, and is capable of being washed so as to be cleaned and disinfected at least 100 times.

(b) Except as otherwise provided in this Section, a municipality may not ban, place a fee or tax on, or regulate in any other manner the use, disposition, content, taxation, or sale of auxiliary containers except as provided for in this Section.

(c) A municipality may regulate carryout bags by imposing a $0.05 fee on each carryout bag used by a customer at retail establishments. The retail establishment shall retain $0.02 of the fee. The retail establishment shall remit the remaining $0.03 of the fee to the Department of Revenue on form ST-1 and the Department of Revenue shall remit the $0.03 to the municipality where the retailer is located.

If a municipality imposes a fee under this subsection, the municipality shall use its $0.03 of the fee to contract with: (i) a governmental entity whose primary function is environmental protection and that operates permanent or temporary household hazardous waste facilities; or (ii) a vendor whose primary function is to collect and process permanent or temporary household hazardous waste. If a governmental entity or vendor receives any part of the municipality's portion of a fee imposed under this Section and contracts with the municipality to provide a household hazardous waste collection program, the governmental entity or vendor must take back at least the following items: oil-based paints, latex paints, paint thinners, herbicides, insecticides, pesticides, gasoline, pool chemicals, cleaning products, mercury, household batteries, used motor oil, oil filters, drain cleaners, lawn chemicals, solvents, antifreeze, hobby chemicals, aerosol paints, fluorescent lamp bulbs, pharmaceuticals, carpets, and mattresses.

(d) A municipality that charged a fee or tax on auxiliary containers on February 1, 2017 may continue to charge the fee or tax. The municipality is prohibited from further regulating auxiliary containers, including bags and carryout bags, and from making further changes to the bag fee or bag tax ordinance in effect on February 1, 2017. However, the municipality may change its regulations to be consistent with this Section or eliminate the fee or tax altogether.

(e) A home rule municipality may not regulate or impose fees or taxes on auxiliary containers in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.".