103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3795

 

Introduced 2/9/2024, by Sen. Adriane Johnson

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.1015 new
30 ILCS 105/5.1016 new

    Creates the Plastic Pollution and Recycling Modernization Act. Provides that producers of specified covered products must register with and be a member of a producer responsibility organization that administers a producer responsibility program. Requires producer responsibility organizations to work with recycling system participants in order to ensure that covered products collected by a recycling collection service are recycled by responsible end markets applying to specified covered products. Exempts small producers from the requirement to be a member of a producer responsibility organization. Requires producer responsibility organizations to submit to the Environmental Protection Agency a plan for the development and implementation of a producer responsibility program with specified requirements. Provides that producer responsibility organizations shall establish a schedule of membership fees to be paid by members of the organization. Provides that producer responsibility organizations must submit to the Agency for approval by the Agency an annual report on the development, implementation, and operation of the producer responsibility program. Contains provisions regarding compensation to units of local government and unit of local government service providers. Establishes the Illinois Recycling System Advisory Council to perform specified duties. Creates the Producer Responsibility Fund and the Waste Prevention and Reuse Fund and makes conforming changes in the State Finance Act. Provides that specified moneys shall be deposited into the funds. Establishes the Truth in Labeling Task Force to study and evaluate misleading or confusing claims regarding the recyclability of products made on a product or product packaging. Contains other provisions. Effective immediately.


LRB103 39292 MXP 69446 b

 

 

A BILL FOR

 

SB3795LRB103 39292 MXP 69446 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 1. Short title. This Act may be cited as the
5Plastic Pollution and Recycling Modernization Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) It is necessary to adopt a policy that will
8    minimize unintended consequences, such as the
9    deterioration of natural systems regionally and worldwide,
10    as well as increased levels of pollution and greenhouse
11    gas emissions that contribute to global climate change and
12    reductions in human well-being, especially for the most
13    vulnerable populations, across the entire life cycle of
14    products and that will require producers of packaging and
15    printed paper sold or distributed in Illinois to help
16    finance the management of, and ensure an environmentally
17    sound stewardship program for, their products.
18        (2) It is the State of Illinois' policy to prioritize
19    practices that prevent and reduce the negative
20    environmental, social, economic, and health impacts of
21    production, consumption, and end-of-use management of
22    products and packaging across their life cycles, and that
23    it is the obligation of producers to share in the

 

 

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1    responsibility to reduce those impacts.
 
2    Section 10. Definitions. In this Act:
3    "Agency" means the Environmental Protection Agency.
4    "Brand" means any mark, word, name, symbol, design,
5device, or graphical element, or a combination thereof,
6including a registered or unregistered trademark, that
7identifies a product and distinguishes the product from other
8products.
9    "Commingled recycling" means the recycling or recovery of
102 or more materials that are mixed together and that generally
11would be separated into individual materials at a commingled
12recycling processing facility in order to be marketed.
13    "Commingled recycling processing facility" means a
14facility that:
15        (1) receives source separated commingled recyclable
16    materials that are collected, commingled, from a
17    collection program providing the opportunity to recycle;
18    and
19        (2) separates the recyclable materials described in
20    paragraph (1) into marketable commodities or streams of
21    materials that are intended for use or further processing
22    by others.
23    "Commingled recycling processing facility" does not
24include any of the following:
25        (1) Scrap metal recycling facilities.

 

 

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1        (2) Scrap automotive or appliance recycling
2    facilities.
3        (3) Recycling facilities handling covered electronic
4    devices.
5        (4) Recycling processing facilities that process only
6    noncommingled, source separated recyclable material from
7    commercial entities.
8        (5) Recycling processing facilities that recover
9    commingled recyclable material primarily from the
10    construction and demolition debris waste stream.
11        (6) Recycling depots.
12        (7) Recycling reload facilities.
13        (8) Limited sort facilities, as defined by rule by the
14    Agency.
15    "Contaminant" means:
16        (1) a material set out for recycling collection that
17    is not properly prepared and on the list of materials
18    accepted for recycling collection by a recycling
19    collection program; or
20        (2) a material shipped to a recycling end market that
21    is not accepted or desired by that end market.
22    "Contamination" means the presence of one or more
23contaminants in a recycling collection or commodity stream in
24an amount or concentration that negatively impacts the value
25of the material or negatively impacts a processor's ability to
26sort that material.

 

 

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1    "Covered electronic device" means:
2        (1) a computer monitor of any type having a viewable
3    area greater than 4 inches measured diagonally;
4        (2) a desktop computer or portable computer;
5        (3) a television;
6        (4) a computer peripheral; or
7        (5) a printer.
8    "Covered product" means any of the following:
9        (1) Packaging.
10        (2) Printing and writing paper.
11        (3) Food serviceware.
12    "Covered product" does not include the following:
13        (1) A beverage container.
14        (2) Bound books.
15        (3) Napkins, paper towels, or other paper intended to
16    be used for cleaning or the absorption of liquids.
17        (4) Rigid pallets used as the structural foundation
18    for transporting goods lifted by a forklift, pallet jack,
19    or similar device.
20        (5) Specialty packaging items that are used
21    exclusively in industrial or manufacturing processes,
22    including, but not limited to:
23            (A) cores and wraps for rolls of packaging sold by
24        a mill to a packaging converter or food processor; and
25            (B) trays, whether designed for a single use or
26        multiple uses, used for the transport of component

 

 

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1        parts from a parts supplier to a manufacturer that
2        assembles those parts.
3        (6) Liquefied petroleum gas containers that are
4    designed to be refilled.
5        (7) A material that the producer demonstrates is
6    exempt under subsection (m) of Section 20.
7        (8) Pallet wrap or similar packaging used to secure a
8    palletized load if added by a person who is not the
9    producer of the palletized covered products.
10        (9) Packaging related to containers for architectural
11    paint that has been collected by a producer responsibility
12    organization.
13        (10) Any item that is not ultimately discarded inside
14    this State, whether for purposes of recovery or disposal.
15        (11) Items sold on a farm or used on a farm, including
16    items used for farm use or for processing on a farm,
17    provided that an item used on a farm is not subsequently
18    sold at a retail establishment that is not located on a
19    farm.
20        (12) Items used by a nursery dealer with a valid
21    nursery dealer's certificate issued by the Department of
22    Agriculture under Section 7 of the Insect Pest and Plant
23    Disease Act that generates the majority of the nursery
24    dealer's revenue through the sale of nursery stock, as
25    defined in Section 2 of the Insect Pest and Plant Disease
26    Act, provided that the items are not sold through retail

 

 

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1    sales.
2        (13) Packaging and paper products sold or supplied in
3    connection with any of the following:
4            (A) Prescription drugs.
5            (B) Nonprescription drugs.
6            (C) Drugs marketed under a brand name.
7            (D) Drugs marketed under a generic name.
8        (14) Packaging and paper products sold or supplied in
9    connection with drugs that are used for animal medicines,
10    including, but not limited to, parasiticide drugs for
11    animals.
12        (15) Packaging and paper products sold or supplied in
13    connection with any of the following:
14            (A) Infant formula as defined in 21 U.S.C. 321(z).
15            (B) Medical food as defined in 21 U.S.C.
16        360ee(b)(3).
17            (C) Fortified oral nutritional supplements used
18        for individuals who require supplemental or sole
19        source nutrition to meet nutritional needs due to
20        special dietary needs directly related to cancer,
21        chronic kidney disease, diabetes, malnutrition, or
22        failure to thrive, as those terms are defined as by the
23        International Classification of Diseases, Tenth
24        Revision, or other medical conditions as determined by
25        the Agency.
26        (16) Wine and spirit containers for which a refund

 

 

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1    value is established under Illinois law.
2        (17) Packaging for products:
3            (A) that are required under State or other federal
4        regulation pertaining to toxic or hazardous materials
5        to state on the label or container that the packaging
6        should not be recycled or should be disposed of in a
7        manner other than recycling; or
8            (B) identified by the Agency by rule as a product
9        that is required by law to state on the label or
10        container that the packaging should not be recycled or
11        should be disposed of in a manner other than
12        recycling.
13        (18) Any other material, as determined by the Agency
14    by rule, after consultation with the Illinois Recycling
15    System Advisory Council.
16    "Food serviceware" means paper or plastic plates, wraps,
17cups, bowls, pizza boxes, cutlery, straws, lids, bags,
18aluminum foil, clamshells, or similar containers that are:
19        (1) generally intended for single use; and
20        (2) sold to a retailer or a dine-in food establishment
21    or a take-out food establishment, regardless of whether
22    the item is used to prepackaged food for resale, is filled
23    on-site for food ordered by a customer or is resold as is.
24    "Large producer" means a producer that is among the 25
25largest producers of covered products based on market share.
26    "Licensee" means a person who is licensed by a brand and

 

 

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1manufactures a covered product or a packaged item under that
2brand.
3    "Litter" means waste that is improperly placed so as to be
4a nuisance or an aesthetic, health, or environmental concern.
5    "Market share" means a producer's percentage of all
6covered products sold in or into this State during a specified
7time period, as calculated in accordance with methods
8established by the Agency by rule.
9    "Mechanical recycling" means a form of recycling that does
10not change the basic molecular structure of the material being
11recycled.
12    "Nonprofit organization" means an organization or group of
13organizations described in Section 501(c)(3) of the Internal
14Revenue Code that is exempt from income tax under Section
15501(a) of the Internal Revenue Code.
16    "Packaging" means:
17        (1) materials used for the containment or protection
18    of products, including, but not limited to, paper,
19    plastic, glass, or metal or a mixture thereof;
20        (2) single-use bags, including, but not limited to,
21    shopping bags; and
22        (3) nondurable materials used in storage, shipping, or
23    moving, including, but not limited to, packing materials,
24    moving boxes, file boxes, and folders.
25    "Packaging" does not include:
26        (1) food serviceware; or

 

 

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1        (2) sharps.
2    "Printing and writing paper" includes, but is not limited
3to, newspaper, magazines, flyers, brochures, booklets,
4catalogs, telephone directories, and paper used for copying,
5writing, or other general use.
6    "Processor" means a person who owns or operates a
7commingled recycling processing facility.
8    "Producer" means a person who is determined to be the
9producer of a covered product under Section 15.
10    "Producer responsibility organization" means a nonprofit
11organization established by a producer or group of producers
12to administer a producer responsibility program.
13    "Producer responsibility program" means a statewide
14program for the responsible management of covered products
15that is administered by a producer responsibility organization
16pursuant to a plan approved by the Agency under Section 35.
17    "Recycling collection" means the act or process of
18gathering recyclable materials by any of the following:
19        (1) On-route residential collection from the generator
20    at the place of generation.
21        (2) On-site nonresidential collection from the
22    generator at the place of generation.
23        (3) Multifamily on-route residential collection from
24    each multifamily dwelling that has 5 or more units.
25        (4) Recycling depots at a disposal site or another
26    designated location that is more convenient to the

 

 

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1    population being served, and expanded depots.
2        (5) Other collection methods included in an approved
3    producer responsibility program plan.
4    "Recycling depot" means a location where recyclable
5materials are accepted from the public or commercial
6businesses and transported to a location for processing or to
7an end market.
8    "Recycling reload facility" means a facility other than a
9recycling depot where recyclable materials are received,
10consolidated, and made ready for transport to another location
11for processing or to a responsible end market.
12    "Recycling system" means all aspects of the programs and
13participants that have a role in Illinois' statewide recycling
14structure, including producers of products sold in or into
15Illinois, generators of recyclable materials, governments that
16regulate materials management programs, businesses that
17collect and process recyclable materials, and persons who
18receive recyclable materials to convert to new feedstock or
19products.
20    "Responsible end market" means a materials market in which
21the recycling or recovery of materials or the disposal of
22contaminants is conducted in a way that benefits the
23environment and minimizes risks to public health and worker
24health and safety.
25    "Responsible management" means the handling, tracking, and
26disposition of covered products from the point of collection

 

 

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1through the final destination of the collected material in a
2way that benefits the environment and minimizes risks to
3public health and worker health and safety.
4    "Responsible recycling" means the handling of covered
5products for recycling and removal of contaminants by a
6certified or permitted processor and disposition to a
7responsible end market.
8    "Sharps" includes needles, IV tubing with needles
9attached, scalpel blades, lancets, glass tubes that could be
10broken during handling and syringes that have been removed
11from their original sterile containers.
12    "Small producer" means a producer that:
13        (1) is a nonprofit organization;
14        (2) is a public body;
15        (3) has a gross revenue of less than $5 million for the
16    organization's most recent fiscal year;
17        (4) sold in or into Illinois less than one metric ton
18    of covered products for use in this State in the most
19    recent calendar year;
20        (5) is a manufacturer of a beverage sold in a beverage
21    container that sold in or into Illinois less than 5 metric
22    tons of covered products, including, but not limited to,
23    secondary and tertiary packaging for beverage containers,
24    for use in this State in the most recent calendar year;
25        (6) is:
26            (A) a restaurant, food cart, or similar business

 

 

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1        establishment that primarily sells to members of the
2        public food that is generally intended to be consumed
3        immediately and without the need for further
4        preparation, either on or off the premises; and
5            (B) is not a producer of food serviceware as
6        described in Section 15; or
7        (7) operates a single retail sales establishment, has
8    no online sales, and is not supplied or operated as part of
9    a franchise or a chain.
10    "Specifically identified material" means a material or
11covered product identified by the Agency under Section 100.
12    "Uniform statewide collection list" means the list of
13materials established in accordance with the requirements of
14subsection (d) of Section 95.
15    "Unit of local government service provider" means any of
16the following:
17        (1) A collection service franchise holder.
18        (2) Any person authorized by a city or county to
19    provide recycling collection services described in
20    paragraphs (1) through (4) of the definition of "recycling
21    collection".
22        (3) Any person authorized by a unit of local
23    government to provide recycling collection services
24    described in paragraph (4) of the definition of "recycling
25    collection".
 

 

 

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1    Section 15. Determining producers of covered products.
2    (a) For purposes of this Act, the producer of a covered
3product shall be determined as follows:
4        (1) For items sold in packaging at a physical retail
5    location in this State:
6            (A) If the item is sold in packaging under the
7        manufacturer's own brand or is sold in packaging that
8        lacks identification of a brand, the producer of the
9        packaging is the person who manufactures the packaged
10        item.
11            (B) If the item is manufactured by a person other
12        than the brand owner, the producer of the packaging is
13        the person who is the licensee of a brand or trademark
14        under which a packaged item is used in a commercial
15        enterprise, sold, offered for sale, or distributed in
16        or into this State, whether or not the trademark is
17        registered in this State.
18            (C) If there is no person described in
19        subparagraph (A) or (B) of this paragraph within the
20        United States, the producer of the packaging is the
21        person who imports the packaged item into the United
22        States for use in a commercial enterprise that sells,
23        offers for sale, or distributes the item in this
24        State.
25        (2) For items sold or distributed in packaging in or
26    into this State via remote sale or distribution:

 

 

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1            (A) The producer of packaging used to directly
2        protect or contain the item is the same as the producer
3        for purposes of paragraph (1).
4            (B) The producer of packaging used to ship the
5        item to a consumer is the person who packages and ships
6        the item to the consumer.
7        (3) For all other packaging that is a covered product,
8    the producer of the packaging is the person who first
9    distributes the packaged item in or into this State.
10    (b) For printing and writing paper that is a magazine,
11newspaper, catalog, telephone directory, or similar
12publication, the producer is the publisher. For all other
13printing and writing paper, the producer is as follows:
14        (1) The person who manufactures the printing and
15    writing paper under the manufacturer's own brand.
16        (2) If the printing and writing paper is manufactured
17    by a person other than the brand owner, the person whom the
18    owner or licensee of a brand or trademark under which the
19    printing and writing paper is used in a commercial
20    enterprise, sold, offered for sale, or distributed in or
21    into this State, whether or not the trademark is
22    registered in this State.
23        (3) If there is no person described in subparagraph
24    (1) or (2) within the United States, the person who
25    imports the printing and writing paper into the United
26    States for use in a commercial enterprise that sells,

 

 

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1    offers for sale, or distributes the printing and writing
2    paper in this State.
3    (c) The producer of food serviceware is the person who
4first sells the food serviceware in or into this State.
 
5    Section 20. Producers and producer responsibility
6organizations.
7    (a) Except as provided in subsection (d) of this Section
8and Section 25, each producer must register with and be a
9member of a producer responsibility organization that
10administers a producer responsibility program.
11    (b) A producer is required to pay an annual membership fee
12to a producer responsibility organization as described in
13Section 45. Fees established under this Act that are charged
14to a producer responsibility organization must be paid by the
15producer responsibility organization.
16    (c) A producer is not required to pay membership fees to a
17producer responsibility organization for any covered product
18if another person has registered with a producer
19responsibility organization as the producer responsible for
20that covered product under this Act.
21    (d) A producer is not required to be a member of a producer
22responsibility organization if, for all covered products the
23producer sells, offers to sell, or distributes in or into this
24State, another person has registered with a producer
25responsibility organization as the producer responsible for

 

 

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1that covered product under this Act.
2    (e) A producer that is registered with a producer
3responsibility organization must:
4        (1) pay the membership fee calculated under the
5    schedule established by the producer responsibility
6    organization pursuant to Section 45; and
7        (2) upon request, provide the producer responsibility
8    organization with records or other information necessary
9    for the organization to meet the organization's
10    obligations under this Act.
11    (f) A person who sells a covered product in or into this
12State via remote means and who is only the producer of the
13packaging used to ship the covered product, as determined
14under subparagraph (B) of paragraph (2) of subsection (a) of
15Section 15, must notify the producer of the covered product,
16as determined under paragraph (1) of subsection (a) of Section
1715, and the seller's producer responsibility organization of
18the sale of a packaged product in or into this State.
19    (g) A producer responsibility organization's obligations
20under this Act are to work with recycling system participants
21in order to ensure, to the extent practicable, that covered
22products collected by a recycling collection service are
23recycled by responsible end markets apply to covered products
24that are:
25        (1) collected for recycling pursuant to Section 65;
26        (2) identified on the uniform statewide collection

 

 

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1    list and collected pursuant to a collection program
2    providing the opportunity to recycle;
3        (3) identified on the list of specifically identified
4    materials; or
5        (4) recycled in an effort to achieve the statewide
6    plastic recycling goal established under Section 125.
7    (h) A producer responsibility organization shall make the
8following available on the organization's website and update
9it at least once per calendar quarter:
10        (1) A searchable registry of the organization's
11    compliant members.
12        (2) The identity of any members who are currently not
13    in compliance with this Act and the reason for
14    noncompliance.
15    (i) If the Agency approves more than one producer
16responsibility program, the producer responsibility
17organizations with approved programs shall establish a
18producer responsibility organization coordinating body and
19submit a coordination plan to the Agency for approval. If
20requested by the producer responsibility organizations, the
21Agency may serve as the coordinating body or may form or
22oversee the coordinating body. The Agency shall establish the
23following by rule:
24        (1) Methods for calculating market share.
25        (2) Standards and requirements for coordination plans
26    and coordination between producer responsibility

 

 

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1    organizations.
2        (3) A process for submittal, review, approval, or
3    rejection and revocation of coordination plans.
4        (4) A process for the Agency to issue an order
5    requiring a coordination plan.
6    A coordination plan approved or ordered by the Agency
7shall be implemented by all producer responsibility
8organizations. If the coordination plan conflicts with an
9approved program plan, the details of the coordination plan
10prevail.
11    A coordination plan approved or ordered by the Agency is
12valid until revoked or a new coordination plan is approved by
13the Agency.
14    The producer responsibility organization coordinating body
15shall submit for approval a new coordination plan on a
16schedule that coincides with the schedule for producer
17responsibility organizations to submit new producer
18responsibility program plans.
19    (j) A producer responsibility organization must ensure
20that each member of its organization complies with subsection
21(e). The organization shall notify the Agency within 30 days
22after:
23        (1) the end of a 3-month period in which the
24    organization unsuccessfully attempted to obtain a
25    membership fee, records, or information from a producer
26    under subsection (e); or

 

 

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1        (2) the date a producer member leaves the organization
2    for any reason.
3    (k) A producer responsibility organization must provide
4contact information for any of the organization's registered
5members to the Agency upon request.
6    (l) No later than December 31 of each year in which an
7approved producer responsibility program plan is required to
8be operated in this State, a producer responsibility
9organization must have members with a combined market share,
10calculated in accordance with rules established under this
11Section, that is at least 10% of the total combined market
12share of all producers of covered products.
13    (m) A producer may demonstrate to the Agency that a
14material is exempt from the requirements for a covered product
15if the material:
16        (1) is collected through a recycling collection
17    service not provided under the opportunity to recycle;
18        (2) does not undergo separation from other materials
19    at a commingled recycling processing facility; and
20        (3) is recycled at a responsible end market.
21    If only a portion of the material sold in or into this
22State by a producer meets the criteria of this subsection, the
23portion that meets the criteria is exempt and the portion that
24does not meet the criteria is a covered product.
 
25    Section 25. Exemptions.

 

 

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1    (a) A small producer is exempt from the requirement to be a
2member of a producer responsibility organization under Section
320.
4    (b) The Agency may adopt rules to exempt from the
5requirements of Section 20 producers that do not exceed a
6minimum market share of covered products sold in or into this
7State.
 
8    Section 30. Producer responsibility program plan.
9    (a) A producer responsibility organization shall submit to
10the Agency, in a form and manner prescribed by the Agency, a
11plan for the development and implementation of a producer
12responsibility program.
13    (b) Using objective and measurable criteria whenever
14possible, a producer responsibility program plan must comply
15with all of the following:
16        (1) Describe how the producer responsibility
17    organization will manage and administer a producer
18    responsibility program to meet the organization's
19    obligations under this Act, including a description of how
20    the organization will comply with all of the following:
21            (A) Support the collection and recycling of
22        covered products that are included on the uniform
23        statewide collection list or as necessary to meet the
24        statewide plastic recycling goal established under
25        Section 125.

 

 

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1            (B) Provide for the collection of covered products
2        identified by the Agency under paragraph (2) of
3        subsection (a) of Section 95 and meet convenience and
4        performance standards for those covered products.
5            (C) Maximize the use of existing infrastructure.
6            (D) Ensure the responsible management of covered
7        products identified in subsection (g) of Section 20
8        and other contaminants collected with those covered
9        products.
10            (E) Establish, calculate, and charge membership
11        fees, including incentives, as described in Section
12        45.
13            (F) Encourage producers to make continual
14        reductions in the environmental and human health
15        impacts of covered products through a graduated fee
16        structure as described in Section 45.
17            (G) Ensure that covered products identified in
18        subsection (g) of Section 20 and collected for
19        recycling, and contaminants collected with those
20        covered products, are managed and disposed of
21        consistent with the goals, standards, and practices
22        required by this Act.
23            (H) Ensure that covered products collected for
24        recycling will be transferred to responsible end
25        markets, including the following:
26                (i) The type and general locations of

 

 

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1            responsible end markets that may use the material
2            collected from covered products in the manufacture
3            of new products.
4                (ii) Whether any of those responsible end
5            markets are certified for environmental and social
6            sustainability by certification programs approved
7            by the Agency under Section 180.
8                (iii) How the organization will ensure that
9            responsible management is maintained through final
10            disposition of the covered product.
11                (iv) Arrangements the producer responsibility
12            organization has made with processors to ensure
13            that covered products identified under paragraph
14            (2) of subsection (a) of Section 95 are recycled
15            at a responsible end market, including any
16            investment intended to be made to support
17            processors.
18            (I) Ensure that any material that will be marketed
19        for use through a method other than mechanical
20        recycling will be transferred to a responsible end
21        market, including the following:
22                (i) A description of how the proposed method
23            will affect the ability of the material to be
24            recycled into feedstock for the manufacture of new
25            products.
26                (ii) A description of how the proposed method

 

 

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1            will affect the types and amounts of plastic
2            recycled for food and pharmaceutical-grade
3            applications.
4                (iii) A description of any applicable air,
5            water, and waste permitting compliance
6            requirements.
7                (iv) An analysis of the environmental impacts
8            of the proposed method compared to the
9            environmental impacts of mechanical recycling,
10            incineration, and landfill disposal as solid
11            waste.
12            (J) Provide public outreach and education,
13        including the following:
14                (i) A communications program for responding to
15            questions involving the uniform statewide
16            collection list and recycling services provided
17            under Section 65.
18                (ii) Outreach to units of local government to
19            ensure information is accurate and consistent
20            across this State.
21                (iii) Statewide promotional campaigns as
22            described in Section 60.
23        (2) Identify and provide contact information for the
24    producer responsibility organization and identify each
25    producer registered with the proposed program.
26        (3) Describe the structure of the producer

 

 

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1    responsibility organization, including the management
2    structure and roles and functions of committees.
3        (4) Describe how the producer responsibility
4    organization will communicate and coordinate with the
5    Agency, the Illinois Recycling System Advisory Council,
6    units of local government, unit of local government
7    service providers, processors, and any other producer
8    responsibility organizations and the topics of
9    communication or coordination.
10        (5) Describe a process, including the process
11    timeline, for how the producer responsibility organization
12    will resolve any disputes involving compensation of units
13    of local government and unit of local government service
14    providers under Section 55 and disputes involving
15    commingled recycling processing facilities under Sections
16    105 and 110.
17        (6) Include projections on recycling rates for
18    plastic.
19        (7) Describe any efforts the producer responsibility
20    organization will make to support collection, processing,
21    or responsible recycling of specifically identified
22    materials, including the following:
23            (A) Any efforts to support or provide recycling
24        depots or mobile collection of specifically identified
25        materials.
26            (B) Any efforts to use education and promotion to

 

 

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1        encourage proper participation in recycling collection
2        of specifically identified materials.
3            (C) Any investments to support the successful
4        processing of specifically identified materials.
5            (D) Any efforts to develop or support responsible
6        end markets for specifically identified materials.
7            (E) Any other efforts to ensure successful and
8        responsible recycling of specifically identified
9        materials.
10        (8) Describe the membership fee structure of the
11    producer responsibility organization, including a schedule
12    of the membership fees actually charged to members.
13        (9) Demonstrate that the membership fees collected by
14    the producer responsibility organization will provide
15    adequate revenue to fund all costs associated with the
16    producer responsibility program.
17        (10) For any program plan submitted by a producer
18    responsibility organization following its initial program
19    plan, describe how adjustments to membership fees offered
20    in response to the requirements of Section 45 have been
21    modified in order to meet the objectives described in
22    subparagraph (F) of paragraph (1) of this subsection and
23    Section 45 or in response to any evaluation conducted
24    under Section 50 during the time period covered by the
25    prior program plan.
26        (11) Describe how the producer responsibility

 

 

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1    organization will provide funding to allow units of local
2    government to protect ratepayers from increased costs
3    associated with the processing and marketing of
4    recyclables identified in Section 95.
5        (12) Include a process for promptly notifying the
6    Agency, the Illinois Recycling System Advisory Council,
7    and producers of potential noncompliance with the
8    requirements of this Act by a producer or producer
9    responsibility organization.
10        (13) Describe reserve funds or other contingency plans
11    for responding to changes in markets or other
12    circumstances that could affect the effectiveness of the
13    program, including the amount of funds in reserve and a
14    description of what contingencies those reserve funds will
15    be sufficient to address.
16        (14) Include a closure plan to settle the affairs of
17    the producer responsibility organization that ensures that
18    producers will continue to meet their obligations in the
19    event of dissolution of the organization and that
20    describes a process for notifying the Agency, the Illinois
21    Recycling System Advisory Council, and units of local
22    government of the dissolution. The closure plan must
23    include sufficient reserve funds to allow the producer
24    responsibility organization to satisfy all obligations
25    until producer members have joined a different producer
26    responsibility organization.

 

 

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1        (15) Include methods for advance funding,
2    reimbursements, and making payments to units of local
3    government or unit of local government service providers
4    under Section 55.
5        (16) Describe how the producer responsibility
6    organization will implement the requirements of Section 55
7    by establishing the following:
8            (A) A schedule for implementing collection program
9        expansions and improvements throughout this State.
10            (B) A method for determining funding or
11        reimbursement amounts under subsection (f) of Section
12        55, consistent with rules adopted by the Agency.
13            (C) The total amount of funds that will be made
14        available to units of local government under Section
15        55 each year.
16        (17) Include any other information required by the
17    Agency to determine that a producer responsibility
18    organization is capable of meeting its obligations and
19    ensuring the outcomes required under this Act.
20    (c) Upon approval of the plan or a plan amendment by the
21Agency, a producer responsibility organization must implement
22the approved plan or plan amendment.
 
23    Section 35. Approval by the Agency.
24    (a) The Agency shall approve, approve with conditions, or
25reject a plan submitted under Section 30 or an amendment to a

 

 

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1plan submitted under Section 40 no later than 120 days after
2the date on which the Agency receives the plan or plan
3amendment from the producer responsibility organization. The
4Agency shall approve a plan or a plan amendment if the Agency
5determines to the satisfaction of the Agency that the plan or
6plan amendment complies with the requirements of Section 30.
7If the Agency rejects the plan or plan amendment, the Agency
8shall provide in writing the reason for the rejection.
9    If the Agency rejects a plan or plan amendment under this
10subsection, the producer responsibility organization must
11submit a revised plan or revised plan amendment to the Agency
12no later than 60 days from the date of the rejection. The
13Agency shall either approve, approve with conditions, or
14reject the revised plan or revised plan amendment no later
15than 90 days after receiving the revised plan or revised plan
16amendment. The Agency shall approve the revised plan or plan
17amendment if the Agency determines that the revised plan or
18plan amendment complies with the requirements of Section 30.
19If the Agency rejects the revised plan or revised plan
20amendment, the Agency shall provide in writing the reason for
21the rejection and: (i) direct changes to the revised plan or
22plan amendment; or (ii) require the producer responsibility
23organization to submit a second revision no later than 60 days
24after the date of the rejection.
25    If the Agency directs changes to a revised plan or plan
26amendment pursuant to this subsection, the producer

 

 

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1responsibility organization must implement the changes or
2request a hearing under the Illinois Administrative Procedure
3Act.
4    The Agency may bring an enforcement action if the Agency
5requires a second revision pursuant to this subsection and:
6(i) the second revision is not timely submitted; or (ii) the
7second revision does not, to the satisfaction of the Agency,
8comply with the requirements of Section 30.
9    If a producer responsibility organization requests a
10hearing or is subject to enforcement pursuant to this
11subsection, the producer responsibility organization shall
12continue to implement a previously approved plan or, if there
13is no previously approved plan in place, implement a plan at
14the direction of the Agency until a plan is approved under this
15Section.
16    (b) Before approving, approving with conditions, or
17rejecting a plan or plan amendment under this Section, the
18Agency shall solicit feedback on the plan or plan amendment
19from the Illinois Recycling System Advisory Council. The
20Agency must make the plan or plan amendment available for
21public comment for a period of not less than 30 days before
22approving, approving with conditions, or rejecting the plan or
23plan amendment. The Agency must respond to the council's
24written recommendations if received within 75 days after the
25date the Agency transmitted the plan or plan amendment to the
26council.

 

 

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1    (c) A plan approved by the Agency under this Section is
2valid for 3 years. The Agency's rejection of a plan or plan
3amendment submitted for approval under this Section does not
4relieve the producer responsibility organization from
5continuing to implement the producer responsibility program in
6compliance with the approved plan pending a final action by
7the Agency on the plan amendment.
8    (d) No less than 180 days before a plan approved under this
9Section expires, a producer responsibility organization shall
10submit a plan to be approved under this Section for an
11additional 5 years. A plan submitted for approval under this
12subsection must satisfy the requirements of Section 30 and
13describe any substantive changes from the previously approved
14plan. Until a plan submitted under this subsection is
15approved, the previously approved plan remains in effect.
 
16    Section 40. Producer responsibility program plan
17amendments.
18    (a) A producer responsibility organization shall submit an
19amendment to a producer responsibility program plan as
20follows:
21        (1) When proposing to change an approved producer
22    responsibility program plan as it relates to the producer
23    responsibility organization's obligations:
24            (A) under paragraphs (1), (7) through (9), (12)
25        through (14), (16), and (17) of Section 30; or

 

 

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1            (B) under Section 95.
2        (2) When changing methods used to establish membership
3    fees under Section 45.
4        (3) When changing methods of compensating units of
5    local government or unit of local government service
6    providers as required under Section 55.
7        (4) When the Agency identifies or removes one or more
8    specifically identified materials under Section 100.
9        (5) When required to do so under Section 125.
10        (6) When required to do so by rules adopted by the
11    Agency.
12    (b) Not less than once per calendar quarter, a producer
13responsibility organization shall provide written notice to
14the Agency and the Illinois Recycling System Advisory Council
15of any changes made during the previous month to a producer
16responsibility program plan that are changes for which an
17amendment is not required under subsection (a).
 
18    Section 45. Membership fees charged by producer
19responsibility organization.
20    (a) A producer responsibility organization shall establish
21a schedule of membership fees to be paid by members of the
22organization. Membership fees established pursuant to this
23Section must be sufficient to meet the financial obligations
24of the organization under this Act. Membership fees must be
25designed to differentiate between types of covered products

 

 

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1and the materials and formats that comprise those covered
2products. Membership fees charged for different covered
3product types, materials, and formats must be proportional to
4the costs to the producer responsibility organization for that
5covered product type, material, or format.
6    (b) A schedule established under this Section must
7establish material-specific base fee rates for all covered
8products sold or distributed in or into this State by a member
9of the producer responsibility organization. The base fee paid
10by each producer member shall be calculated by multiplying the
11material-specific base fee rate by the total amount of covered
12products of each material sold or distributed by the producer
13in or into this State.
14    (c) Covered products sold or distributed in or into this
15State that are not accepted by recycling collection programs
16in this State shall be assessed base fee rates as follows:
17        (1) First, the average base fee rates for covered
18    products described in this subsection must be higher than
19    the average for covered products that are accepted by
20    recycling collection programs in this State.
21        (2) Second, provided that the requirements of
22    paragraph (1) of this subsection are satisfied, the base
23    fee rate shall be approximately proportional to the
24    covered products' relative contribution to the financial
25    obligations of the producer responsibility organization.
26    (d) In addition to the base fees described in subsections

 

 

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1(b) and (c), a producer responsibility organization's
2membership fee schedule must incentivize producers to
3continually reduce the environmental and human health impacts
4of covered products by offering fee adjustments to producers
5that make or have made changes to the ways in which they
6produce, use, and market covered products. Fee adjustments
7developed under this subsection must include lower fees for
8covered products with a lower environmental impact and higher
9fees for covered products with a higher environmental impact.
10In establishing the criteria for the graduated fee structure,
11a producer responsibility organization must consider factors
12that include, but are not limited to, the following:
13        (1) The post-consumer content of the material, if the
14    use of post-consumer content in the covered product is not
15    prohibited by federal law.
16        (2) The product-to-package ratio.
17        (3) The producer's choice of material.
18        (4) Life cycle environmental impacts, as demonstrated
19    by an evaluation performed in accordance with Section 155.
20        (5) The recycling rate of the material relative to the
21    recycling rate of other covered products.
22    (e) Notwithstanding subsections (b) through (d), a
23producer responsibility organization may propose to the Agency
24in a plan or plan amendment an alternative membership fee
25structure. The Agency may approve an alternative membership
26fee structure if the Agency determines that the structure:

 

 

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1        (1) satisfies the requirements of subsection (a); and
2        (2) provides incentives to members to change the way
3    the members produce, use, and market materials in order to
4    reduce environmental impacts.
5    (f) Notwithstanding subsections (b) through (d), a
6producer responsibility organization shall establish uniform
7membership fees for members that had a gross revenue of less
8than $10 million for the organization's most recent fiscal
9year, or sold in or into Illinois less than 5 metric tons of
10covered products for use in this State in the most recent
11calendar year.
12    (g) A producer responsibility organization shall accept
13the value of print and online advertising services in lieu of
14all or a portion of a membership fee described in this Section
15from members that are newspaper or magazine publishers. The
16producer responsibility organization may consider the in-State
17reach of the advertising when determining the value of the
18advertising.
 
19    Section 50. Annual report.
20    (a) No later than July 1 of each year, a producer
21responsibility organization must submit to the Agency for
22approval by the Agency an annual report on the development,
23implementation, and operation of the producer responsibility
24program. The annual report must:
25        (1) cover the prior calendar year;

 

 

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1        (2) present information in a manner that can be
2    understood by the general public; and
3        (3) be otherwise prepared in the form and manner
4    prescribed by the Agency.
5    (b) The annual report must include the following:
6        (1) A list of the producers that participated in the
7    producer responsibility program.
8        (2) A list of any producers found to be out of
9    compliance with the producer responsibility program plan
10    and steps taken to bring those producers into compliance.
11        (3) The total amount, by weight and type of material,
12    of covered products sold or distributed in or into this
13    State by participating producers in the prior calendar
14    year.
15        (4) A description of the producer responsibility
16    organization's efforts, including work with processors, to
17    ensure that the collected covered products were
18    responsibly managed and delivered to responsible end
19    markets.
20        (5) A complete accounting and summary of payments
21    requested by units of local government and unit of local
22    government service providers and paid by the producer
23    responsibility organization under Section 55.
24        (6) A description of all expansions and improvements
25    to recycling collection systems that have been paid for by
26    the producer responsibility organization, whether those

 

 

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1    expansions or improvements have been implemented, the
2    funds provided for such expansions and improvements, and
3    what collection programs are still scheduled for
4    expansions or improvements in the remaining duration of
5    the producer responsibility program plan.
6        (7) A summary of payments paid by the producer
7    responsibility organization under Sections 105 and 110.
8        (8) A summary of payments requested by units of local
9    government or unit of local government service providers
10    that were denied or reduced by the producer responsibility
11    organization.
12        (9) A summary of all other payments made to satisfy
13    the producer responsibility organization's obligations
14    under this Act, including, but not limited to, payments
15    made to support responsible recycling of specifically
16    identified materials, as described in Section 100.
17        (10) A summary of the financial status of the producer
18    responsibility organization, including annual
19    expenditures, revenues, and assets.
20        (11) The membership fee schedule described in Section
21    45.
22        (12) The fees collected pursuant to the membership fee
23    schedule for the reporting year.
24        (13) A description of how the current membership fee
25    schedule meets the requirements of Section 45.
26        (14) A description of activities undertaken by the

 

 

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1    producer responsibility organization that relate to the
2    uniform statewide collection list and the specifically
3    identified materials list.
4        (15) An assessment of whether the producer
5    responsibility organization has met collection targets,
6    convenience standards and performance standards
7    established by the Agency under Section 95 and efforts
8    planned to meet or continue meeting such targets and
9    standards.
10        (16) A summary of efforts taken by the producer
11    responsibility organization to meet the statewide plastic
12    recycling goal established under Section 125 and efforts
13    planned to maintain performance in meeting the goal or, if
14    the goal has not been met, efforts planned to meet the
15    goal.
16        (17) The results of any in-person site inspections,
17    material tracking, or other audits conducted during the
18    reporting year, including whether any major safety or
19    environmental management practices were not properly
20    followed and, if so, the corrective actions taken.
21        (18) Recommendations for any changes to the producer
22    responsibility organization's plan to improve recovery and
23    recycling.
24        (19) A summary of the quarterly reports described in
25    subsection (f) and an evaluation of the adequacy of
26    responsible end markets.

 

 

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1        (20) A summary of actions actually taken or planned by
2    the producer responsibility organization to improve
3    responsible end markets, pay for improvements in
4    processing infrastructure, or improve the resilience of
5    the producer responsibility program.
6        (21) The number of producers that received each type
7    of membership fee adjustment offered under Section 45 and
8    the amount of covered products, by material and format,
9    for which producers received each type of adjustment.
10        (22) An evaluation of the effectiveness of membership
11    fee adjustments at encouraging producers to reduce the
12    environmental and human health impacts of covered
13    products, with relation to the factors and criteria used
14    by the producer responsibility organization's membership
15    fee structure.
16        (23) An evaluation of the producer responsibility
17    organization's compliance with this Act and, if necessary,
18    actions that will be taken to achieve compliance.
19        (24) A report by an independent certified public
20    accountant, retained by the producer responsibility
21    organization at the organization's expense, on the
22    accountant's audit of the organization's financial
23    statements.
24        (25) The results of any nonfinancial audits or
25    assessments measuring performance or outcomes.
26        (26) A description of activities undertaken by the

 

 

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1    producer responsibility organization that relate to the
2    educational resources and promotional campaigns described
3    in Section 60.
4        (27) Any other information required by the Agency.
5    (c) A producer responsibility organization shall include
6in a report submitted under this Section a confidential
7addendum containing information on the membership fees paid to
8the producer responsibility organization by individual members
9and information that can be used to calculate the market share
10of individual members in accordance with rules adopted by the
11Agency under Section 20. Information included in the
12confidential addendum is not subject to public disclosure
13under the Freedom of Information Act, except that the Agency
14may disclose summarized information or aggregated data if the
15information or data do not directly or indirectly identify the
16amount of membership fees paid by or market share of any
17individual producer.
18    The report must also aggregate and summarize the
19information described in this subsection in a manner that does
20not directly or indirectly identify the amount of membership
21fees paid by any individual producer.
22    (d) The Agency shall review reports submitted under this
23Section and solicit feedback on each report from the Illinois
24Recycling System Advisory Council. The Agency shall make each
25report available for public comment for a period of not less
26than 30 days. The Agency shall submit the comments of the

 

 

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1Agency, the council, and the public to the producer
2responsibility organization. The Agency shall approve reports
3that meet the requirements of this Section to the satisfaction
4of the Agency.
5    (e) If the Agency does not approve a report under
6subsection (d), the Agency must provide the producer
7responsibility organization with written notice of revisions
8necessary for approval and the timeline for resubmittal.
9    The Agency may bring an enforcement action if:
10        (1) the revised report required under this subsection
11    is not timely submitted; or
12        (2) the revised report does not meet the requirements
13    of this Section to the satisfaction of the Agency.
14    (f) No later than 45 days after the end of each calendar
15quarter, a producer responsibility organization shall provide
16a materials disposition report to the Agency describing the
17final disposition during that calendar quarter of all
18materials for which the organization is responsible. The
19report required under this subsection must include the
20following:
21        (1) The final end markets of the materials.
22        (2) The location of all facilities used to process the
23    materials.
24        (3) A description of any disposition that does not
25    meet the standards described in subsection (b) of Section
26    65.

 

 

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1        (4) The amount of materials processed and the final
2    disposition by weight or volume of all materials,
3    including materials that were not used by the end markets.
 
4    Section 55. Compensation to units of local government and
5unit of local government service providers.
6    (a) A producer responsibility organization shall, upon
7request, fund in advance or reimburse, as appropriate, the
8eligible expenses of a unit of local government or the unit of
9local government service provider for eligible costs as
10provided in this Section.
11    (b) The costs of transporting covered products from a
12recycling depot or recycling reload facility to a commingled
13recycling processing facility or a responsible end market,
14including the cost to receive, consolidate, load, and
15transport covered products, are eligible costs for funding or
16reimbursement by a producer responsibility organization.
17    Eligible costs under this subsection do not include costs
18for the following:
19        (1) The transport of covered products directly from a
20    generator to a recycling processing facility or a
21    responsible end market.
22        (2) The transport of covered products from a recycling
23    depot if the recycling depot is not designated or
24    authorized by a unit of local government as part of the
25    recycling program operated by the unit of local government

 

 

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1    or the unit of local government's service provider.
2        (3) The proportion of a shipment of recyclable
3    material that is not covered products.
4        (4) The transport of covered products for distances
5    greater than the distance to the closest commingled
6    recycling processing facility or responsible end market
7    with capacity to accept the covered products.
8        (5) The transport of covered products for less than 50
9    miles or for a greater de minimis distance, as established
10    by the Agency by rule.
11    The Agency shall establish by rule methods for determining
12funding or reimbursement amounts under this subsection.
13Methods may include payments based on zones and must account
14for proximity to an appropriate commingled recycling
15processing facility or responsible end market that has
16capacity to process or recycle the material and other factors
17that could affect transportation costs.
18    (c) The costs of periodically evaluating the quality and
19contamination of collected materials as required by Section
20130, if the evaluation occurs at a location other than a
21commingled recycling processing facility, are eligible costs
22for funding or reimbursement by a producer responsibility
23organization.
24    (d) The costs of contamination reduction programming for
25residential and commercial customers required by Section 130
26and the cost of similar contamination reduction programming

 

 

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1provided by units of local government not subject to the
2requirements of Section 130 are eligible costs for funding or
3reimbursement by a producer responsibility organization.
4    The Agency shall establish by rule methods for determining
5funding or reimbursement amounts under this subsection. Rules
6adopted under this subsection may not require producer
7responsibility organizations to provide funding or
8reimbursement of more than $3 per capita per year, based on the
9population of a unit of local government or, if the unit of
10local government is a county, the population of the
11unincorporated area of the county.
12    (e) Costs associated with the expansion and provision of
13recycling collection services for covered products as provided
14in this subsection are eligible costs for funding or
15reimbursement by a producer responsibility organization.
16    A unit of local government that commits to expanding
17recycling opportunities during the needs assessment conducted
18under subsection (h) is eligible for funding or reimbursements
19under this subsection. A producer responsibility organization
20shall work with units of local government to determine the
21services the unit of local government is requesting and the
22schedule by which the new program will be implemented, and
23shall provide funding for the new programs in advance of or
24concurrent with implementation.
25    A producer responsibility organization shall provide
26funding for activities requested by units of local government

 

 

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1through the periodic needs assessment conducted under
2subsection (h).
3    Eligible costs under this subsection include the
4following:
5        (1) For on-route programs, start-up costs, including,
6    but not limited to, trucks, containers, promotional
7    literature and, if necessary and none other is available,
8    a recycling reload facility for reloading recyclables,
9    including any compaction equipment necessary for the
10    recycling reload facility.
11        (2) For recycling depots, containers, on-site
12    monitoring equipment, site preparation, or other start-up
13    costs and operational costs, including staffing.
14    (f) The costs of complying with Section 90, to the extent
15that the use of post-consumer recycled material is more
16expensive than the lowest priced alternative, are eligible
17costs for funding or reimbursement by a producer
18responsibility organization.
19    (g) The costs associated with other recycling system
20improvements for covered products as determined by the Agency
21by rule are eligible costs for funding or reimbursement by a
22producer responsibility organization.
23    (h) The Agency shall conduct a statewide needs assessment
24in partnership with units of local government and unit of
25local government service providers to determine local interest
26in expanding collection options and recycling depots in areas

 

 

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1not served with those collection opportunities, provided that
2funds are made available to the local programs for expansion.
3    The needs assessment shall include a process for units of
4local government to request services and commit to providing
5additional services.
6    The Agency shall periodically repeat the assessment and
7may conform the timing of the assessment to coincide with the
8schedule for producer responsibility organizations to submit
9new producer responsibility program plans.
10    (i) A unit of local government or the unit of local
11government service provider requesting reimbursement under
12this Section shall submit an accounting of its costs to a
13producer responsibility organization, if the reimbursement is
14not otherwise determined according to a formula.
15    (j) A producer responsibility organization shall remit
16payment for expenses under this Section to a unit of local
17government or the unit of local government service provider or
18other person authorized by the unit of local government to
19receive payment within 60 days after receiving a request for
20payment. A producer responsibility organization shall provide
21written notification to the unit of local government of any
22payments remitted to a person authorized by the unit of local
23government to receive payment.
24    (k) The Agency may review or audit the cost accounting and
25reimbursement request records of a producer responsibility
26organization, a unit of local government, or the unit of local

 

 

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1government service provider that receives payment under this
2Section.
3    The Agency shall require a unit of local government or a
4unit of local government service provider that receives
5advance funding under this subsection and does not use the
6moneys for the purposes for which the funding was provided to
7return the funding to the producer responsibility
8organization, according to standards established by the Agency
9by rule.
10    Information furnished to the Agency under this subsection
11may be designated confidential. Information designated
12confidential is not subject to public disclosure under the
13Freedom of Information Act, except that the Agency may
14disclose the information in a summarized or aggregate form.
15    (l) A unit of local government shall identify to the
16Agency the unit of local government service providers that are
17authorized to receive funding or reimbursement directly, as
18described in this Section, from producer responsibility
19organizations in the annual report required under Section 50.
20    (m) A unit of local government or unit of local government
21service provider that has received funds for expansion or
22improvements to recycling collection under this Section shall
23report to the producer responsibility organization when the
24expansion or improvements have been fully implemented. A unit
25of local government or unit of local government service
26provider must also report the status of implementation to the

 

 

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1producer responsibility organization on an annual basis for
2any funded collection program that has not been fully
3implemented, so that the producer responsibility organization
4may include that information in the annual report required
5under Section 50.
6    (n) The disposal of covered products by means of
7landfilling or incineration may not be an eligible cost for
8funding or reimbursement by a producer responsibility
9organization under this Section.
 
10    Section 60. Development of educational resources.
11    (a) A producer responsibility organization, in
12consultation with the Illinois Recycling System Advisory
13Council, shall develop educational resources and promotional
14campaigns to promote the uniform statewide collection list.
15Resources and campaigns developed under this Section must
16include, but need not be limited to, the following:
17        (1) A description of materials identified for
18    recycling as described in Section 95.
19        (2) Requirements to properly prepare materials for
20    recycling.
21        (3) Education on the importance of not placing
22    contaminants in commingled recycling collection.
23        (4) Container signs or decals.
24    (b) A producer responsibility organization must provide
25opportunities for units of local government and unit of local

 

 

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1government service providers to review and comment on draft
2materials developed under this Section.
3    (c) Educational resources and campaigns developed under
4this Section must be:
5        (1) culturally responsive to diverse audiences across
6    this State, including people who speak languages other
7    than English and persons with disabilities;
8        (2) printed or produced in languages other than
9    English; and
10        (3) accessed easily and at no cost to units of local
11    government and users of the recycling system.
12    (d) A producer responsibility organization shall make the
13educational resources developed under this Section available
14in a form that allows each unit of local government or unit of
15local government service provider to customize the resources
16to reflect local conditions.
17    (e) When reviewing and commenting on a producer
18responsibility organization's draft materials under subsection
19(b), a unit of local government must take responsibility to
20ensure that the educational resources and campaigns being
21developed by the producer responsibility organization meet the
22needs of diverse audiences within the unit of local
23government's community.
24    (f) A unit of local government that provides the
25opportunity to recycle or the unit of local government service
26provider shall use and distribute educational resources

 

 

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1developed under this Section.
2    A unit of local government or the unit of local government
3service provider may incorporate the educational resources
4developed under this Section into an existing recycling
5education program required by the Agency.
6    (g) A producer responsibility organization shall
7coordinate and fund the distribution of statewide promotional
8campaigns developed under this Section through media channels
9that may include, but need not be limited to, print
10publications, radio, television, the Internet, and online
11streaming services.
12    A producer responsibility organization must coordinate and
13fund the distribution of statewide promotional campaigns
14following the first establishment of the uniform statewide
15collection list and after each revision of the uniform
16statewide collection list, but not more frequently than once
17per calendar year.
18    (h) Except as provided in the second paragraph of this
19subsection, educational resources and campaigns developed
20under this Section must be reviewed by the council and
21approved by the Agency before public distribution.
22    Changes or alterations to educational resources and
23campaigns previously approved by the Agency that do not
24materially affect the substance of the information conveyed do
25not require review or approval under this subsection.
26    (i) Educational resources developed under this Section

 

 

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1must be updated no later than 4 months following any
2subsequent changes made by the Agency to the uniform statewide
3collection list.
 
4    Section 65. Other duties of producer responsibility
5organization.
6    (a) A producer responsibility organization must provide
7for the collection and responsible recycling of covered
8products identified by the Agency under paragraph (2) of
9subsection (a) of Section 95, in a way that meets collection
10targets, convenience standards, and performance standards
11established under Section 95, by any of the following:
12        (1) Where possible, first contracting with existing
13    recycling depots or drop off centers to provide for the
14    collection of the covered product.
15        (2) Establishing and operating other drop off centers
16    for the covered product.
17        (3) Establishing and operating collection events for
18    the covered product.
19        (4) Making other arrangements for the collection of
20    the covered product as described in a producer
21    responsibility program plan.
22    (b) A producer responsibility organization shall, to the
23extent practicable, ensure that covered products collected in
24this State for the purpose of recovery and described in
25subsection (g) of Section 20 will be:

 

 

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1        (1) delivered to responsible end markets;
2        (2) managed according to the following hierarchy of
3    materials management options:
4            (A) first, to reduce the amount of solid waste
5        generated;
6            (B) second, to reuse material for the purpose for
7        which it was originally intended;
8            (C) third, to recycle material that cannot be
9        reused;
10            (D) fourth, to compost material that cannot be
11        reused or recycled;
12            (E) fifth, to recover energy from solid waste that
13        cannot be reused, recycled, or composted so long as
14        the energy recovery facility preserves the quality of
15        air, water, and land resources; and
16            (F) sixth, to dispose of solid waste that cannot
17        be reused, recycled, composted, or from which energy
18        cannot be recovered by landfilling or other method
19        approved by the Agency; and
20        (3) managed in an environmentally protective way
21    through to final disposition.
22    (c) A producer responsibility organization may not take
23possession of covered products from a processor for any
24purpose without the written consent of the processor.
 
25    Section 70. Illinois Recycling System Advisory Council.

 

 

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1    (a) The Illinois Recycling System Advisory Council is
2established.
3    (b) The council shall consist of 19 members appointed as
4follows:
5        (1) The President of the Senate shall appoint one
6    member from among the members of the Senate, and the
7    Speaker of the House of Representatives shall appoint one
8    member from among members of the House of Representatives,
9    but the members appointed under this paragraph may not be
10    from the same political party.
11        (2) The Governor shall appoint 17 members as follows:
12            (A) Four representatives of units of local
13        government.
14            (B) Two representatives of community-based
15        organizations representing the interests of
16        historically underserved groups.
17            (C) One owner or operator of a small business that
18        is not eligible for representation under subparagraph
19        (E) or (F) of this paragraph.
20            (D) Two representatives of environmental nonprofit
21        organizations.
22            (E) Four representatives of the recycling
23        industry, including unit of local government service
24        providers, processors, or material end users.
25            (F) Four representatives of producers of covered
26        products or producer trade associations or suppliers.

 

 

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1        Any members appointed to the council under this
2        subparagraph who are producers of covered products
3        shall belong to a producer responsibility organization
4        and represent different industries.
5    The Governor shall appoint members that reflect the
6geographic diversity of this State and the interests of both
7large and small communities.
8    (c) The term of office of each member of the council is 3
9years, but members who are not legislators serve at the
10pleasure of the Governor.
11    Before the expiration of the term of a member, the
12appointing authority shall appoint a successor whose term
13begins on July 1 following the appointment. A member is
14eligible for reappointment.
15    If there is a vacancy for any cause, the appointing
16authority shall make an appointment to become immediately
17effective for the unexpired term.
18    (d) A majority of the voting members of the council
19constitutes a quorum.
20    (e) The council shall elect one of its members to serve as
21chairperson and another to serve as vice chairperson, for the
22terms and with the duties and powers necessary for the
23performance of the functions of such offices as the council
24determines. The chairperson and vice chairperson may not both
25be members appointed under the same subparagraph of paragraph
26(2).

 

 

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1    (f) The council shall meet at least once every 3 months at
2times and places specified by the chairperson. The council
3also may meet at other times and places specified by the call
4of the chairperson or of a majority of the voting members of
5the council, as necessary, to carry out the duties of the
6council.
7    (g) The Agency shall provide administrative and staff
8support and facilities as necessary for the council to carry
9out the duties of the council.
10    (h) A member of the council who is not a legislator is
11entitled to compensation and expenses incurred in performing
12their duties. Claims for compensation and expenses incurred in
13performing functions of the council shall be paid out of funds
14appropriated to the Agency for that purpose.
15    (i) Members of the General Assembly who are appointed to
16the council are nonvoting members of the council and may act in
17an advisory capacity only.
18    (j) The council may adopt rules necessary for the
19operation of the council.
 
20    Section 75. Duties of the council.
21    (a) The Illinois Recycling System Advisory Council shall
22perform all of the following:
23        (1) Review activities related to this Act.
24        (2) Advise the Agency and producer responsibility
25    organizations on issues related to the implementation of

 

 

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1    this Act.
2        (3) Review producer responsibility program plans
3    submitted under Section 30, plan amendments submitted
4    under Section 40, and program reports submitted under
5    Section 50.
6        (4) Make recommendations to the Agency and producer
7    responsibility organizations related to the establishment
8    and maintenance of the list of specifically identified
9    materials.
10        (5) Make recommendations to the Agency and producer
11    responsibility organizations about any other material that
12    should not be included as a covered product.
13        (6) Make written recommendations to the Agency and
14    producer responsibility organizations on matters that the
15    council determines are beneficial to the public interest,
16    including the following:
17            (A) Matters related to producer responsibility
18        program plans created to satisfy the requirements of
19        Section 30, program plan audits, and reports required
20        by the plans, including the following:
21                (i) Producer membership fee structures
22            described in Section 45.
23                (ii) Recycling depot or mobile collection
24            events for recyclable items.
25                (iii) Other aspects of a producer
26            responsibility program intended to improve access

 

 

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1            to recycling, including access for residents of
2            multifamily housing.
3            (B) The uniform statewide collection list.
4            (C) The manner in which producer responsibility
5        organization fees will be distributed to units of
6        local government or unit of local government service
7        providers under Section 55, including the following:
8                (i) Review of statewide transportation, reload
9            reimbursement, and other formulaic elements.
10                (ii) Priorities for system funding where
11            discretion is provided in statute or in rules
12            adopted by the Agency.
13            (D) Statewide educational resources and campaigns.
14            (E) The manner in which producer responsibility
15        organization fees will be distributed to processors to
16        improve infrastructure.
17    (b) The council may only adopt recommendations upon a vote
18of a majority of the members of the council.
19    (c) No later than September 15 of each even-numbered year,
20the council shall submit to the Senate Committee on
21Environment and Conservation and the House Committee on Energy
22and Environment a report that describes the recommendations of
23the council.
24    (d) Within 45 days after receiving written recommendations
25from the council under paragraphs (4), (5), and (6) of
26subsection (a), a producer responsibility organization must

 

 

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1provide a written response to the council, including reasons
2why any recommendations were not accepted.
3    (e) Within 60 days after receipt of written
4recommendations provided under paragraphs (4), (5), and (6) of
5subsection (a), the Agency shall provide a written response to
6the council, including reasons why any recommendations were
7not accepted.
 
8    Section 80. Prohibition on delivery of commingled
9recyclables to certain facilities.
10    (a) As used in this Section, "commingled recycling reload
11facility" means a facility that receives commingled
12recyclables collected by a unit of local government or unit of
13local government service provider as an intermediate step
14prior to delivery to a commingled recycling processing
15facility.
16    (b) A unit of local government, the unit of local
17government service provider, or a commingled recycling reload
18facility may not deliver to a commingled recycling processing
19facility commingled recyclables that were collected pursuant
20to the uniform statewide collection list established under
21Section 95, unless the following apply:
22        (1) At the time the unit of local government, the unit
23    of local government's service provider, or the commingled
24    recycling reload facility delivered or contracted to
25    deliver or transport materials to the commingled recycling

 

 

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1    facility:
2            (A) the commingled recycling facility held a valid
3        permit issued under Section 175; or
4            (B) for a commingled recycling facility located
5        outside this State:
6                (i) the facility held a valid certificate
7            issued under Section 180; or
8                (ii) the facility certified that it otherwise
9            met the requirements of Section 175 or 180, even
10            though the facility did not hold a permit or
11            certificate.
12        (2) The processor ensures the health, safety, and
13    wellness of workers at the facility regardless of whether
14    the workers are employees, independent contractors, or
15    employees of another business.
16        (3) The processor provides workers at the facility
17    with a living wage and supportive benefits, as defined by
18    rule by the Agency.
19        (4) Within 6 months after the Agency completes a
20    report under subsection (c) of Section 135, the commingled
21    recycling processing facility has taken steps to implement
22    any recommendations of the report related to providing
23    opportunities in the recycling industry for women and
24    minority individuals.
 
25    Section 85. Other duties of units of local government. A

 

 

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1unit of local government providing the opportunity to recycle
2must, for the recycling collection of materials identified on
3the uniform statewide collection list at multifamily
4properties, comply with all of the following:
5        (1) Ensure adequate space for collection.
6        (2) Demonstrate a plan to ensure adequate space and
7    access for collection vehicles after new construction or
8    significant remodels.
9        (3) Update or establish service standards for service
10    providers to provide adequate service volume or collection
11    frequency, or a combination of both.
12        (4) Ensure that container placement is accessible to
13    residents, including children and individuals who use a
14    wheelchair.
15        (5) Report on activities to meet the requirements of
16    this Section in the annual report required under Section
17    50.
 
18    Section 90. Roll carts. A unit of local government shall
19ensure that roll carts, bins, and containers purchased by the
20unit of local government's service providers are manufactured
21from at least 10% post-consumer recycled material and are
22certified by an independent verification standard, such as the
23APR Post Consumer Resin (PCR) Certification Program
24established by the Association of Plastic Recyclers.
 

 

 

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1    Section 95. Uniform statewide collection list and
2producer-collected materials.
3    (a) The Agency, in consultation with producer
4responsibility organizations and the Illinois Recycling System
5Advisory Council, shall by rule identify materials that are
6suitable for recycling collection in this State and the
7methods for collection of those materials. Rules adopted under
8this subsection must distinguish between the following:
9        (1) Materials collected to provide the opportunity to
10    recycle.
11        (2) Covered products of which a producer
12    responsibility organization must provide for the
13    collection through recycling depot or mobile collection
14    events as provided in Section 65.
15    (b) When identifying materials and collection methods
16under paragraph (1) of subsection (a), the same material may
17be collected via on-route collection or at recycling depots in
18different geographic areas, as determined by units of local
19government.
20    (c) In determining whether a material should be included
21in a commingled recycling program for the uniform statewide
22collection list, collected separately, collected on-route, or
23collected at a recycling depot, or whether a covered product
24should be collected by a producer responsibility organization
25under paragraph (1) of subsection (a), the Agency shall
26consider the following:

 

 

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1        (1) The stability, maturity, accessibility, and
2    viability of responsible end markets.
3        (2) Environmental health and safety considerations.
4        (3) The anticipated yield loss for the material during
5    the recycling process.
6        (4) The material's compatibility with existing
7    recycling infrastructure.
8        (5) The amount of the material available.
9        (6) The practicalities of sorting and storing the
10    material.
11        (7) Contamination.
12        (8) The ability for waste generators to easily
13    identify and properly prepare the material.
14        (9) Economic factors.
15        (10) Environmental factors from a life cycle
16    perspective.
17    (d) The Agency shall establish and maintain a uniform
18statewide collection list of materials that are appropriate to
19be collected through a commingled recycling program. The list
20established under this subsection must include the following:
21        (1) The materials identified by the Agency as suitable
22    for commingled recycling under paragraph (1) of subsection
23    (a) and subsection (b).
24        (2) Covered products if any, proposed by a producer
25    responsibility organization for addition to the uniform
26    statewide collection list in a producer responsibility

 

 

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1    program plan or plan amendment and approved by the Agency
2    under Section 35.
3    (e) Except as provided in subsection (f), a material may
4not be collected as part of a commingled recycling program
5unless the material is identified for collection as part of a
6commingled recycling program on the uniform statewide
7collection list.
8    (f) A material that is not identified for collection as
9part of a commingled recycling program on the uniform
10statewide collection list may be collected as part of a
11commingled recycling program if:
12        (1) the material is collected as part of a trial or
13    research program;
14        (2) the trial or research program is of limited
15    duration; and
16        (3) the trial or research program is conducted in a
17    limited area.
18    (g) The Agency shall establish by rule collection targets,
19convenience standards, and performance standards for producer
20responsibility organizations that collect covered products
21identified by the Agency under paragraph (2) of subsection
22(a).
 
23    Section 100. Specifically identified materials.
24    (a) The Agency, in consultation with producer
25responsibility organizations and the Illinois Recycling System

 

 

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1Advisory Council, shall establish and maintain a list of
2specifically identified materials.
3    (b) In determining whether a covered product is a
4specifically identified material, the Agency shall consider
5criteria that include, but need not be limited to, the
6following:
7        (1) Whether recycling processing equipment
8    improvements are needed to sort the material and when
9    producer responsibility organizations will fund those
10    improvements.
11        (2) The availability of viable responsible end markets
12    for the material.
13        (3) Economic factors affecting the value of the
14    material.
15        (4) Whether the inclusion of the covered product in
16    recycling collection programs could cause an increase in
17    costs.
 
18    Section 105. Contamination management fee.
19    (a) The Agency shall by rule adopt and periodically revise
20a contamination management fee to be paid by producer
21responsibility organizations to commingled recycling
22processing facilities to compensate the facilities for the
23costs of removing and disposing covered products that are
24contaminants. The amount of the fee shall be based on the
25result of the study conducted under subsection (b). Rules

 

 

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1adopted under this Section must:
2        (1) provide that payment of the fee may not be
3    required more frequently than once per month and must be
4    paid within 45 days after a request for payment;
5        (2) provide that the fee may not be based on
6    commingled recycling originating outside Illinois; and
7        (3) establish a review process to ensure that the fee
8    is appropriately charged.
9    (b) The Agency shall contract with an independent
10organization to conduct the study under this subsection. The
11study must:
12        (1) estimate the cost to commingled recycling
13    processing facilities of removing and disposing of covered
14    products that are contaminants, reported as the cost per
15    ton of covered products; and
16        (2) Estimate the costs to commingled recycling
17    processing facilities of removing and disposing of all
18    contaminants, reported as the cost per ton of all
19    contaminants.
20    (c) A commingled recycling processing facility that does
21not participate in the review process described in subsection
22(a) or the study described in subsection (b) is not eligible to
23receive a contamination management fee.
24    (d) Any proprietary information provided to the Agency
25under subsection (a) or to a person conducting a study under
26subsection (b) may be designated confidential by a commingled

 

 

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1recycling processing facility. Information designated
2confidential is not subject to public disclosure under the
3Freedom of Information Act, except that information may be
4disclosed as summarized or aggregated data if doing so does
5not directly or indirectly disclose the proprietary
6information of any specific facility.
7    (e) The Agency shall review the contamination management
8fee at least once every 5 years. The Agency may not review the
9contamination management fee more frequently than once per
10year.
 
11    Section 110. Processor commodity risk fee.
12    (a) In this Section:
13    "Anticipated program cost" means all additional costs
14related to any new requirements of this Act that are
15anticipated prior to the next review of the processor
16commodity risk fee under subsection (f).
17    "Average commodity value" means the average revenue paid
18by brokers or end markets, after processing by a commingled
19recycling processing facility, for a composite ton of
20commingled material collected for recycling in Illinois.
21    "Eligible processing cost" means all costs associated with
22owning and operating a commingled recycling processing
23facility as determined by the study conducted under subsection
24(c), including, but not limited to, sorting, handling,
25storing, disposal, marketing, and shipping, administration,

 

 

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1rent, fees, depreciation, fixed costs, profit, the target
2price paid for commingled recycling collected from Illinois as
3described in paragraph (4) of subsection (b), and anticipated
4program costs.
5    "Eligible processing cost" does not include revenue from
6the sale of recyclables and any costs that are reimbursed by
7producer responsibility organizations or other parties,
8including the contamination management fee established under
9Section 105.
10    (b) The Agency shall by rule adopt and periodically revise
11a processor commodity risk fee to be paid by producer
12responsibility organizations to commingled recycling
13processing facilities to ensure that producers share in the
14costs of fully processing commingled recyclables that are
15covered products and to allow units of local government to
16reduce the financial impacts on ratepayers. The processor
17commodity risk fee shall be based on the eligible processing
18costs of facilities less the average commodity value of
19recyclable materials processed by facilities. Rules adopted
20under this Section must comply with the following:
21        (1) Provide that payment of the fee may not be
22    required more frequently than once per month and must be
23    paid within 45 days after a request for payment.
24        (2) Provide that the fee may not be based on
25    commingled recycling originating outside Illinois.
26        (3) Establish a review process to ensure that the fee

 

 

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1    is appropriately charged.
2        (4) For purposes of calculating the processor
3    commodity risk fee, allow the average fee charged by
4    commingled recycling processing facilities for acceptance
5    of commingled recyclables collected from Illinois to
6    target a price of $0 per ton, expressed on the basis of
7    compensation per ton of delivered material.
8        (5) Provide that the fee is to be paid on the basis of
9    recyclable material received by or sold from a commingled
10    recycling processing facility.
11        (6) Ensure that materials handled by more than one
12    commingled recycling processing facility are not double
13    counted for purposes of calculating the fee.
14        (7) Allow units of local government to protect
15    ratepayers from cost increases associated with the
16    volatility of commodity markets.
17        (8) Establish methods to determine and periodically
18    update, but no more frequently than once per month, the
19    average commodity value per ton of commingled materials
20    collected from single-family residences in Illinois and
21    from all other sources in Illinois. The methods developed
22    under this paragraph must include the following:
23            (A) The average composition of materials by
24        percentage in each mix, multiplied by published market
25        values.
26            (B) The sources of the published market values

 

 

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1        used.
2            (C) Any adjustments to published market values for
3        each commodity to reflect conditions in Illinois.
4    (c) Subject to subsection (f), the Agency shall contract
5with an independent organization to conduct the study under
6this subsection. The study must:
7        (1) estimate the average eligible processing cost at
8    commingled recycling facilities that process commingled
9    recycling generated in Illinois; and
10        (2) report the costs on the basis of tons of
11    commingled recycling received and materials shipped to end
12    markets.
13    (d) A commingled recycling facility that does not
14participate in the review process described in subsection (b)
15or the study described in subsection (c) is not eligible to
16receive a processor commodity risk fee.
17    (e) Any proprietary information provided to the Agency
18under subsection (b) or to a person conducting a study under
19subsection (c) may be designated confidential by a commingled
20recycling processing facility. Information designated
21confidential is not subject to public disclosure under the
22Freedom of Information Act, except that information may be
23disclosed as summarized or aggregated data if doing so does
24not directly or indirectly disclose the proprietary
25information of any specific facility.
26    (f) The Agency shall contract for the study under

 

 

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1subsection (c) to be performed at least once every 5 years. The
2Agency may contract for the study under subsection (c) to be
3performed no more than once per year. If a study under
4subsection (c) demonstrates that the average per-ton eligible
5processing cost has changed by more than 10% since the Agency
6last established the processor commodity risk fee, the Agency
7shall by rule revise the processor commodity risk fee.
 
8    Section 115. Evaluation of federal laws.
9    (a) The Agency shall evaluate any federal law that
10establishes a national program for the collection and
11recycling of paper products or packaging.
12    (b) If the Agency determines that the federal law
13substantially meets or exceeds the requirements and intent of
14this Act, the Agency shall include information on the federal
15law in a report to the General Assembly.
 
16    Section 120. Litter and marine debris cleanup and
17prevention needs assessment.
18    (a) The Agency shall conduct a statewide needs assessment
19to identify the contribution of different types of covered
20products to litter and marine debris in Illinois, the general
21locations where litter and marine debris prevention and
22cleanup of covered products is needed, and the extent to which
23litter and marine debris prevention and cleanup is needed.
24    (b) The needs assessment may include recommendations for

 

 

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1adding litter and marine debris cleanup and prevention to the
2responsibilities of producer responsibility organizations and
3recommendations for funding such responsibilities. If the
4needs assessment does not include recommendations for adding
5new responsibilities for producer responsibility
6organizations, the report required under subsection (d) must
7include an explanation of why such responsibilities are not
8needed to address the issue of litter and marine debris.
9    (c) In conducting the needs assessment, the Agency shall
10consult with units of local government, the Department of
11Transportation, the Department of Natural Resources, producer
12responsibility organizations, and the Illinois Recycling
13System Advisory Council.
14    (d) The Agency shall provide a written report on its
15findings and recommendations for legislation to the Senate
16Committee on Environment and Conservation and the House
17Committee on Energy and Environment no later than September
1815, 2026.
 
19    Section 125. Recycling rate of plastic.
20    (a) In this Section:
21    "Plastic" means a material composed of synthetic polymers
22such as polyethylene, polypropylene, polystyrene, polylactic
23acid, and other similar polymers.
24    "Plastic" does not include materials commonly referred to
25as rubber or materials that are naturally produced polymers,

 

 

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1such as proteins or starches.
2    (b) It is the goal of the State of Illinois that the
3statewide recycling rate for plastic packaging and plastic
4food serviceware be:
5        (1) at least 25% by calendar year 2028 and in each
6    subsequent year;
7        (2) at least 50% by calendar year 2040 and in each
8    subsequent year; and
9        (3) at least 70% by calendar year 2050 and in each
10    subsequent year.
11    Notwithstanding the first paragraph of this subsection,
12the Agency by rule, on or after January 1, 2038, and after
13consideration of environmental, technical, and economic
14conditions, may adjust the statewide plastic recycling goal.
15An adjustment to the statewide plastic recycling goal under
16this paragraph may not adjust the goal to less than 35% or more
17than 70%.
18    (c) The Agency shall annually determine whether the
19statewide plastic recycling goal established under subsection
20(b) has been met. The Agency may require a producer
21responsibility organization to submit aggregated information
22necessary for the Agency to make the determination under this
23subsection.
24    (d) If the Agency determines that the statewide plastic
25recycling goal has not been met, each producer responsibility
26organization shall, in the manner provided in Section 40,

 

 

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1amend an existing producer responsibility program plan or
2submit a new producer responsibility program plan that
3includes actions the organization will take to meet the
4statewide plastic recycling goal.
5    Notwithstanding the requirements of the first paragraph of
6this subsection, the Agency may not issue an order or impose a
7civil penalty against a producer responsibility organization
8for failing to update a producer responsibility program plan
9or failing to take actions specified in a producer
10responsibility program plan to meet the statewide plastic
11recycling goal if, at that time, the recycling rate of plastic
12packaging and plastic food serviceware exceeds 50%.
13    (e) The recycling rate of plastic packaging and plastic
14food serviceware is calculated by dividing the total plastic
15packaging and plastic food serviceware waste generated and
16recycled in this State by the total plastic packaging and
17plastic food serviceware waste generated in this State using
18the following data, unless otherwise specified by rule by the
19Agency:
20        (1) Data on recycling from relevant surveys and
21    reports.
22        (2) Data from relevant waste composition studies,
23    combined with data on the total amount of solid waste
24    disposed.
25        (3) Information submitted by a producer responsibility
26    organization under subsection (c).

 

 

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1        (4) Other information made available to the Agency to
2    estimate changes in the generation of plastic waste in
3    years between the years when waste composition studies are
4    conducted.
5    (f) For purposes of determining the recycling rate of
6plastic packaging and plastic food serviceware, "plastic"
7includes post-consumer packaging and food serviceware products
8that are made entirely of plastic or that contain small
9amounts of easily removed nonplastic items, such as metal lids
10or metal handles on plastic buckets.
 
11    Section 130. Contamination reduction.
12    (a) The Agency shall perform the following:
13        (1) Establish statewide recycling contamination
14    reduction goals.
15        (2) Evaluate the relative cost-effectiveness of
16    different educational programs and other methods for
17    reducing contamination.
18        (3) Establish and maintain a list of approved
19    contamination reduction program elements, including the
20    following:
21            (A) Customer-facing contamination reduction
22        materials and methods that are responsive to the needs
23        of diverse populations.
24            (B) Standards for providing feedback to generators
25        that contribute to contamination that is responsive to

 

 

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1        the needs of diverse populations.
2            (C) Standards for providing financial or service
3        consequences to generators that are significant and
4        repeated sources of contamination and that continue to
5        contaminate separated recyclables after being subject
6        to elements described in subparagraphs (A) and (B).
7        Consequences must be responsive to the conditions of
8        diverse populations.
9        (4) Once every 4 years:
10            (A) review and summarize statewide information on
11        contamination at the point of collection, using data
12        provided in accordance with Section 185, and revise
13        the statewide recycling contamination reduction goals,
14        as appropriate; and
15            (B) provide a written report to the Senate
16        Committee on Environment and Conservation and the
17        House Committee on Energy and Environment. The report
18        must include:
19                (i) a description of the effectiveness of the
20            contamination reduction program elements;
21                (ii) recommendations to maintain, revise, or
22            discontinue programs developed under this Section;
23            and
24                (iii) recommendations regarding the funding of
25            contamination reduction programming under
26            subsection (d) of Section 55.

 

 

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1    (b) A unit of local government or a unit of local
2government service provider that provides for the collection
3of source separated recyclables must establish and implement a
4program to reduce contamination that:
5        (1) includes one or more local recycling contamination
6    reduction goals that are consistent with the statewide
7    goals established in subsection (a);
8        (2) causes collected source separated recyclables to
9    undergo periodic evaluation of collected material quality
10    and contamination, in accordance with forms and procedures
11    established by the Agency under Section 185;
12        (3) includes:
13            (A) at least one of each of the program elements
14        described in subparagraphs (A) through (C) of
15        paragraph (3) of subsection (a); or
16            (B) uses materials or methods that are at least as
17        effective as materials or methods approved by the
18        Agency under paragraph (3) of subsection (a); and
19        (4) includes, at least once every 5 years, a process
20    for reviewing, and revising as appropriate, the local
21    goals established in paragraph (1) and local elements
22    established under paragraph (3).
23    (c) A unit of local government or unit of local government
24service provider may not be required to provide contamination
25reduction programming under this Section to the extent that
26doing so would require the use of funds other than advance

 

 

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1funding or reimbursements available under subsection (d) of
2Section 55.
 
3    Section 135. Equity study.
4    (a) The Agency, in consultation with units of local
5government and the Illinois Recycling System Advisory Council,
6shall conduct a study of equity in Illinois' recycling system
7to determine conditions and make recommendations, including
8goals to achieve continuous improvement. The Agency shall
9provide public involvement opportunities for underserved
10communities during the study. The study must include, but need
11not be limited to, the following:
12        (1) An evaluation of commingled recycling processing
13    facility worker conditions, wages, and benefits.
14        (2) The availability of opportunities in the recycling
15    system for women and minority individuals.
16        (3) The sufficiency of unit of local government
17    requirements related to multifamily recycling services and
18    their implementation.
19        (4) The sufficiency of recycling education programs
20    relative to desired equity outcomes.
21        (5) The availability of opportunities in the recycling
22    system for Illinois and other Midwest businesses.
23        (6) Recommendations for improving equity and equitable
24    outcomes for underserved populations in Illinois'
25    recycling system, including recommendations for new

 

 

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1    responsibilities of producer responsibility organizations
2    and recommendations for funding such responsibilities.
3    (b) Except as provided in the second paragraph of this
4subsection, a person operating within the recycling system in
5this State shall, upon request, furnish the Agency with
6information necessary for the Agency to meet the requirements
7of paragraphs (1) and (2) of subsection (a). Proprietary
8information furnished to the Agency under paragraph (1) of
9subsection (a) is not subject to public disclosure under the
10Freedom of Information Act, except that the Agency may
11disclose summarized information or aggregated data if the
12information or data do not directly or indirectly identify the
13proprietary information of any specific person.
14    This subsection does not apply to any person described as
15not included in the definition of "commingled recycling
16processing facility" in Section 10.
17    (c) The Agency shall complete the study required under
18this Section at least once every 4 years. The Agency shall
19report the results of the study and recommendations required
20under this Section to the Senate Committee on Environment and
21Conservation and the House Committee on Energy and
22Environment.
 
23    Section 140. Multifamily housing needs assessment.
24    (a) The Agency, in consultation with the Illinois
25Recycling System Advisory Council, shall conduct a statewide

 

 

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1needs assessment to determine the challenges facing residents
2of multifamily housing and make recommendations for
3improvements to allow for effective and equitable recycling
4opportunities for residents of multifamily housing. The needs
5assessment conducted under this Section must include an
6evaluation of the placement of and quality of spaces provided
7for recycling containers and recommendations for improving
8spaces that are determined to be inadequate. The needs
9assessment may include recommendations for new
10responsibilities of producer responsibility organizations and
11recommendations for funding such responsibilities. If the
12needs assessment does not include recommendations for adding
13new responsibilities for producer responsibility
14organizations, the report required under subsection (b) must
15include an explanation of why such responsibilities are not
16needed to address the challenges facing residents of
17multifamily housing.
18    (b) The Agency shall complete the needs assessment
19required under this Section at least once every 4 years. The
20Agency shall report the results of the needs assessment and
21recommendations required under this Section to the Senate
22Committee on Environment and Conservation and the House
23Committee on Energy and Environment.
 
24    Section 145. Fees.
25    (a) The Agency shall establish the following fees:

 

 

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1        (1) A fixed, one-time fee for reviewing a producer
2    responsibility program plan submitted under Section 30.
3        (2) Subject to the second sentence of this paragraph,
4    an annual fee charged to each producer responsibility
5    organization for the purpose of paying the costs to the
6    Agency of administering, implementing, and enforcing the
7    provisions of this Act. The costs to the Agency for
8    purposes of this paragraph do not include costs to the
9    Agency for administering, implementing, and enforcing
10    Sections 175, 180, and 185.
11    (b) The Agency shall provide notice to a producer
12responsibility organization no later than September 1 of each
13year of the annual fee required under paragraph (2) of
14subsection (a) for the upcoming calendar year. Fees collected
15by the Agency under this Section shall be deposited into the
16Producer Responsibility Fund established under Section 160.
 
17    Section 150. Waste prevention and reuse.
18    (a) In this Section, "public body" has the meaning given
19that term in Section 2 of the Freedom of Information Act.
20    (b) The Agency shall establish a program to reduce the
21environmental impacts of covered products through means other
22than waste recovery, including waste prevention and reuse. The
23Agency may enter into agreements with public bodies to
24establish a program to reduce the environmental impacts of
25covered products. The Agency may provide grants or loans in

 

 

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1order to reduce the environmental impacts of covered products.
2Entities eligible for a grant or loan include, but are not
3limited to, the following:
4        (1) Public bodies.
5        (2) Tribal governments.
6        (3) Nonprofit organizations.
7        (4) Private organizations, if the Agency determines
8    that the funds would be used for the public benefit.
9    (c) In providing grants or loans for programs under this
10Section, the Agency must consider criteria that include, but
11are not limited to, the following:
12        (1) The environmental benefits of the program.
13        (2) The human health benefits of the program.
14        (3) The social and economic benefits of the program.
15        (4) The cost-effectiveness of the program.
16        (5) The needs of economically distressed or
17    underserved communities.
18    (d) In addition to the fees established under Section 145,
19the Agency shall establish a waste prevention and reuse fee to
20be paid by producer responsibility organizations. The fee
21established under this subsection must be reasonably
22calculated to support the programs established under this
23Section. The fee charged to any producer responsibility
24organization may not exceed 10% of the 3-year average of the
25organization's annual expenditures, excluding payments of the
26fee established under this Section, as described in the

 

 

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1organizations' annual reports submitted under Section 50. Fees
2collected under this subsection must be deposited into the
3Waste Prevention and Reuse Fund established under Section 165.
 
4    Section 155. Life cycle evaluation. The Agency shall
5establish by rule standards for the evaluation and disclosure
6of the environmental impacts of covered products through the
7life cycle of the products. Rules adopted under this Section
8must:
9        (1) establish procedures and requirements to be used
10    by producers when evaluating the life cycle impacts of
11    covered products to obtain an incentive under Section 45
12    or when required to do so under paragraph (2); and
13        (2) require large producers to:
14            (A) once every 2 years, perform an evaluation of
15        the life cycle impacts of at least 1% of covered
16        products that the large producer sells or distributes
17        in or into this State;
18            (B) provide the results of the evaluation to the
19        Agency; and
20            (C) make the evaluation available on the website
21        of the producer responsibility organization of which
22        the large producer is a member.
 
23    Section 160. Producer Responsibility Fund. The Producer
24Responsibility Fund is created as a special fund in the State

 

 

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1treasury. The Fund shall consist of moneys deposited into the
2Fund under Section 145. Moneys in the Fund shall be used by the
3Agency to implement, administer, and enforce this Act.
 
4    Section 165. Waste Prevention and Reuse Fund. The Waste
5Prevention and Reuse Fund is created as a special fund in the
6State treasury. The Fund shall consist of moneys deposited
7into the Fund under Section 150 and any other moneys deposited
8into the Fund by the General Assembly. Moneys in the Fund shall
9be used by the Agency for the purposes described in Section
10150.
 
11    Section 170. Truth in Labeling Task Force.
12    (a) The Truth in Labeling Task Force is established.
13    (b) The task force consists of 15 members appointed as
14follows:
15        (1) The President of the Senate shall appoint one
16    member from among members of the Senate.
17        (2) The Speaker of the House of Representatives shall
18    appoint one member from among members of the House of
19    Representatives.
20        (3) The Governor shall appoint the following:
21            (A) Five members to represent producers.
22            (B) Three members to represent units of local
23        government of different population sizes and
24        geographic locations in this State.

 

 

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1            (C) Four members to represent the recycling
2        industry, including unit of local government service
3        providers and processors from different population
4        sizes and geographic locations in this State.
5            (D) One member to represent the interests of
6        environmental organizations.
7    (c) The task force shall study and evaluate misleading or
8confusing claims regarding the recyclability of products made
9on a product or product packaging. The study must include
10consideration of issues affecting accessibility for diverse
11audiences.
12    (d) A majority of the voting members of the task force
13constitutes a quorum for the transaction of business.
14    (e) Official action by the task force requires the
15approval of a majority of the voting members of the task force.
16    (f) The task force shall elect one of its members to serve
17as chairperson.
18    (g) If there is a vacancy for any cause, the appointing
19authority shall make an appointment to become immediately
20effective.
21    (h) The task force shall meet at times and places
22specified by the call of the chairperson or of a majority of
23the voting members of the task force.
24    (i) The task force may meet using video conferencing
25technology or through some other electronic or virtual means.
26    (j) The task force may adopt rules necessary for the

 

 

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1operation of the task force.
2    (k) The task force shall submit a final report and
3recommendations for legislation to the Senate Committee on
4Environment and Conservation and the House Committee on Energy
5and Environment no later than June 1, 2022.
6    (l) The Agency shall provide staff support to the task
7force.
8    (m) Members of the General Assembly appointed to the task
9force are nonvoting members of the task force and may act in an
10advisory capacity only.
11    (n) Members of the task force who are not members of the
12General Assembly are not entitled to compensation or
13reimbursement for expenses and serve as volunteers on the task
14force.
15    (o) All agencies of State government are directed to
16assist the task force in the performance of the duties of the
17task force and, to the extent permitted by laws relating to
18confidentiality, to furnish information and advice the members
19of the task force consider necessary to perform their duties.
 
20    Section 175. Permit required.
21    (a) On or after the date established by the Agency under
22subsection (c), a person may not establish or operate a
23commingled recycling processing facility in this State unless
24the person obtains a disposal site permit issued by the
25Agency.

 

 

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1    (b) A disposal site permit issued to a commingled
2recycling processing facility must require the facility to:
3        (1) sort all materials collected from the public so
4    that materials do not become contaminants in other waste
5    streams;
6        (2) market materials to responsible end markets or to
7    another commingled recycling processing facility, provided
8    that the permittee complies with the requirements for a
9    commingled recycling reload facility under Section 80;
10        (3) manage contaminants to avoid impacts on other
11    waste streams or facilities;
12        (4) refrain from creating a public nuisance or health
13    hazard, consistent with rules adopted under this Section;
14        (5) limit air or water pollution or other adverse
15    impacts on public health or the environment, consistent
16    with rules adopted under this Section;
17        (6) evaluate and report on inbound material quality
18    and contamination, in accordance with forms and procedures
19    established by the Agency under Section 185;
20        (7) accurately report outbound contamination levels;
21    and
22        (8) for all materials held by the processor:
23            (A) accurately report the final end market of the
24        materials; or
25            (B) obtain a certification that the responsible
26        end markets for the materials meet standards for

 

 

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1        environmental and social sustainability established by
2        a program approved by the Agency under subsection (c).
3    Proprietary information on the final end market of
4materials may be designated confidential by the processor and
5is not subject to public disclosure under the Freedom of
6Information Act, except that the Agency or producer
7responsibility organizations may disclose summarized
8information or aggregated data if the information or data do
9not identify the proprietary information of any specific
10processor.
11    (c) The Agency shall prescribe by rule the requirements
12for a permit issued under this Section. Rules adopted under
13this subsection shall allow for permitted facilities to
14direct, in response to an emergency failure of critical
15equipment at their own facility, and on a temporary basis,
16small amounts of unsorted inbound materials to other recycling
17processing facilities for sorting and recycling so long as
18such facilities meet the requirements described in paragraphs
19(1), (3), and (7) of subsection (b). Rules adopted under this
20Section may include the following:
21        (1) A schedule for implementing the requirements of
22    this Section, including the following:
23            (A) The date by which a person must first obtain a
24        permit required under this Section.
25            (B) Dates for the implementation of modified
26        standards that a person must meet to satisfy the

 

 

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1        requirements of this Section, and the accompanying
2        standards.
3        (2) The identification of approved programs for
4    certifying the environmental and social sustainability of
5    responsible end markets.
 
6    Section 180. Certification program.
7    (a) The Agency shall establish a program or approve a
8program established by a third party to certify commingled
9recycling processing facilities located outside Illinois. The
10Agency may issue certificates under the program or develop a
11list of approved contractors to issue certificates.
12    (b) A commingled recycling processing facility certified
13under this Section must satisfy the requirements of subsection
14(b) of Section 175.
 
15    Section 185. Contamination.
16    (a) The Agency shall establish forms and procedures for
17commingled recycling processing and recycling reload
18facilities to evaluate and describe levels of inbound
19contamination.
20    (b) Information described in subsection (a) shall be
21provided to the Agency and units of local government or unit of
22local government service providers responsible for collecting
23the materials evaluated.
 

 

 

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1    Section 190. Enforcement and recordkeeping.
2    (a) The Agency has the power to enter upon and inspect, at
3any reasonable time, any public or private property, premises,
4or place for the purpose of investigating either an actual or
5suspected violation of this Act or rules adopted under this
6Act.
7    (b) A producer responsibility organization shall retain
8all records related to the implementation and administration
9of a producer responsibility program for not less than 5 years
10after the time the record was created and make the records
11available for inspection by the Agency upon request.
12    (c) In accordance with the applicable provisions of the
13Illinois Administrative Procedure Act relating to contested
14case proceedings, the Agency may issue an order requiring
15compliance with the provisions of this Act.
16    (d) In accordance with the applicable provisions of the
17Illinois Administrative Procedure Act relating to contested
18case proceedings, and in accordance with applicable law, the
19Agency may issue civil penalties for violations of the
20provisions of this Act. All penalties recovered for violations
21of this Act shall be paid into the State treasury and credited
22to the Waste Prevention and Reuse Fund established under
23Section 165.
24    (e) The Agency may issue an order under subsection (c) to
25suspend or revoke a producer responsibility program plan if
26the Agency determines that:

 

 

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1        (1) a violation or repeated violations of this Act
2    present a risk to the environment or public health;
3        (2) a violation has had a material impact on the
4    implementation and administration of the organization's
5    producer responsibility program plan; or
6        (3) a producer responsibility organization is in
7    violation of subsection (l) of Section 20.
8    (f) The Attorney General, at the request of the Agency,
9may bring an action seeking to prohibit the sale of a covered
10product in or into this State against any producer that sells,
11offers to sell, or distributes a covered product in or into
12this State in violation of Section 20.
13    (g) Any person with control of materials collected under
14this Act shall retain all records related to the person's
15responsibilities under this Act for not less than 5 years
16after the time the record was created and make the records
17available for inspection by the Agency upon request.
18    (h) A person required to retain records under subsection
19(g) shall make the records available to the Agency upon
20request of a producer responsibility organization if necessary
21to allow the organization to meet its obligations under this
22Act.
23    (i) Proprietary information furnished to the Agency
24relating to subsections (g) and (h) may be designated
25confidential. Information designated confidential is not
26subject to public disclosure under the Freedom of Information

 

 

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1Act, except that the Agency may disclose summarized
2information or aggregated data if the information or data do
3not directly or indirectly identify the proprietary
4information of a specific person.
 
5    Section 195. Truth in composting.
6    (a) A person who operates or controls a collection program
7for yard debris or food waste or that operates or controls a
8compost facility may not promote for acceptance any material
9that cannot or will not be effectively composted.
10    (b) The Agency, or entities approved by the Agency, may
11conduct research or pilot projects to examine the collection
12and compostability of materials and to identify materials that
13can and cannot be effectively composted. A pilot or research
14project may not exceed 2 years in duration.
15    (c) Nothing in this Section prevents a composting facility
16from accepting materials that are not readily compostable and
17are incidentally collected as part of a collection program.
 
18    Section 200. Antitrust. The General Assembly declares that
19the collaboration of producers through producer responsibility
20organizations to develop and implement producer responsibility
21program plans is in the best interests of the public.
22Therefore, the General Assembly declares its intent that
23participating in a producer responsibility organization to
24implement a producer responsibility program plan as required

 

 

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1by this Act shall be exempt from State antitrust laws. The
2General Assembly further declares its intent to provide
3immunity for participating in a producer responsibility
4organization to implement a producer responsibility program
5plan as required by this Act from federal antitrust laws. This
6Section does not authorize any person to engage in activities
7or to conspire to engage in activities that constitute per se
8violations of State or federal antitrust laws that are not
9authorized under this Act.
 
10    Section 205. Rules. The Agency may adopt rules as
11necessary to implement this Act.
 
12    Section 210. State procurement assessment.
13    (a) The Department of Central Management Services, in
14consultation with the Agency, shall study and assess State
15procurement practices as they relate to recycled products,
16recycled post-consumer polyethylene terephthalate material
17(PETE), and recycled materials. The assessment must include
18the following:
19        (1) An evaluation of State procurement practices
20    related to recycled materials, including efficacy and
21    compliance.
22        (2) A quantitative evaluation of the impact and
23    effectiveness if a recycled product's costs do not exceed
24    the costs of nonrecycled products by more than 5% price

 

 

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1    limitation.
2        (3) A feasibility study of additional opportunities to
3    increase the purchase of products containing post-consumer
4    recycled content, including, but not limited to, products
5    containing post-consumer recycled polyethylene
6    terephthalate material (PETE) and other plastics.
7        (4) An evaluation of opportunities for strengthening
8    traceability and verification requirements associated with
9    recycled products or recycled materials, especially
10    recycled plastic.
11        (5) Recommendations for legislation.
12    (b) The Department of Central Management Services shall
13provide the results of the assessment in a report to the
14General Assembly. The Department of Central Management
15Services shall revise the initial assessment completed under
16this Section every 5 years.
 
17    Section 215. Compostability study.
18    (a) The Agency shall study the compostability of covered
19products and the effects of covered products on composting
20systems. In conducting the study, the Agency shall:
21        (1) examine the effects of covered products on compost
22    facilities and finished compost;
23        (2) consider trends, challenges, opportunities, and
24    relevant policies relating to composting and covered
25    products;

 

 

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1        (3) consider the experience of compost facilities
2    located in other states; and
3        (4) develop recommendations for reducing environmental
4    impacts while maintaining and enhancing the environmental
5    and economic sustainability of Illinois' compost industry.
6    (b) In conducting the study, the Agency shall consult with
7compost facilities serving Illinois, units of local
8government, producer responsibility organizations serving
9Illinois, and the Illinois Recycling System Advisory Council.
10    (c) The Agency shall submit a final report and
11recommendations for legislation to the Senate Committee on
12Environment and Conservation and the House Committee on Energy
13and Environment no later than December 15, 2026.
 
14    Section 900. The State Finance Act is amended by adding
15Sections 5.1015 and 5.1016 as follows:
 
16    (30 ILCS 105/5.1015 new)
17    Sec. 5.1015. The Producer Responsibility Fund.
 
18    (30 ILCS 105/5.1016 new)
19    Sec. 5.1016. The Waste Prevention and Reuse Fund.
 
20    Section 999. Effective date. This Act takes effect upon
21becoming law.