Environment & Energy Committee

Filed: 2/14/2008

 

 


 

 


 
09500HB4159ham001 LRB095 13768 NHT 45975 a

1
AMENDMENT TO HOUSE BILL 4159

2     AMENDMENT NO. ______. Amend House Bill 4159 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Sections
5 10-20.19c and 34-18.15 as follows:
 
6     (105 ILCS 5/10-20.19c)  (from Ch. 122, par. 10-20.19c)
7     Sec. 10-20.19c. Recycled paper and paper products and solid
8 waste management.
9     (a) Definitions. As used in this Section, the following
10 terms shall have the meanings indicated, unless the context
11 otherwise requires:
12     "Deinked stock" means paper that has been processed to
13 remove inks, clays, coatings, binders and other contaminants.
14     "High grade printing and writing papers" includes offset
15 printing paper, duplicator paper, writing paper (stationery),
16 tablet paper, office paper, note pads, xerographic paper,

 

 

09500HB4159ham001 - 2 - LRB095 13768 NHT 45975 a

1 envelopes, form bond including computer paper and carbonless
2 forms, book papers, bond papers, ledger paper, book stock and
3 cotton fiber papers.
4     "Paper and paper products" means high grade printing and
5 writing papers, tissue products, newsprint, unbleached
6 packaging and recycled paperboard.
7     "Postconsumer material" means only those products
8 generated by a business or consumer which have served their
9 intended end uses, and which have been separated or diverted
10 from solid waste; wastes generated during the production of an
11 end product are excluded.
12     "Recovered paper material" means paper waste generated
13 after the completion of the papermaking process, such as
14 postconsumer materials, envelope cuttings, bindery trimmings,
15 printing waste, cutting and other converting waste, butt rolls,
16 and mill wrappers, obsolete inventories, and rejected unused
17 stock. "Recovered paper material", however, does not include
18 fibrous waste generated during the manufacturing process such
19 as fibers recovered from waste water or trimmings of paper
20 machine rolls (mill broke), or fibrous byproducts of
21 harvesting, extraction or woodcutting processes, or forest
22 residues such as bark.
23     "Recycled paperboard" includes paperboard products,
24 folding cartons and pad backings.
25     "Tissue products" includes toilet tissue, paper towels,
26 paper napkins, facial tissue, paper doilies, industrial

 

 

09500HB4159ham001 - 3 - LRB095 13768 NHT 45975 a

1 wipers, paper bags and brown papers. These products shall also
2 be unscented and shall not be colored.
3     "Unbleached packaging" includes corrugated and fiber
4 storage boxes.
5     (a-5) Each school district shall periodically review its
6 procurement procedures and specifications related to the
7 purchase of products and supplies. Those procedures and
8 specifications must be modified as necessary to require the
9 school district to seek out products and supplies that contain
10 recycled materials and to ensure that purchased products and
11 supplies are reusable, durable, or made from recycled
12 materials, if economically and practically feasible. In
13 selecting products and supplies that contain recycled
14 material, preference must be given to products and supplies
15 that contain the highest amount of recycled material and that
16 are consistent with the effective use of the product or supply,
17 if economically and practically feasible.
18     (b) Wherever economically and practically feasible, as
19 determined by the school board, the school board, all public
20 schools and attendance centers within a school district, and
21 their school supply stores shall procure recycled paper and
22 paper products as follows:
23         (1) Beginning July 1, 2008 1992, at least 10% of the
24     total dollar value of paper and paper products purchased by
25     school boards, public schools and attendance centers, and
26     their school supply stores shall be recycled paper and

 

 

09500HB4159ham001 - 4 - LRB095 13768 NHT 45975 a

1     paper products. ;
2         (2) Beginning July 1, 2011 1995, at least 25% of the
3     total dollar value of paper and paper products purchased by
4     school boards, public schools and attendance centers, and
5     their school supply stores shall be recycled paper and
6     paper products. ;
7         (3) Beginning July 1, 2014 1999, at least 50% 40% of
8     the total dollar value of paper and paper products
9     purchased by school boards, public schools and attendance
10     centers, and their school supply stores shall be recycled
11     paper and paper products. ;
12         (4) Beginning July 1, 2020 2001, at least 75% 50% of
13     the total dollar value of paper and paper products
14     purchased by school boards, public schools and attendance
15     centers, and their school supply stores shall be recycled
16     paper and paper products. ;
17         (5) Beginning upon the effective date of this
18     amendatory Act of 1992, all paper purchased by the board of
19     education, public schools and attendance centers for
20     publication of student newspapers shall be recycled
21     newsprint. The amount purchased shall not be included in
22     calculating the amounts specified in paragraphs (1)
23     through (4).
24     (c) Paper and paper products purchased from private sector
25 vendors pursuant to printing contracts are not considered paper
26 and paper products for the purposes of subsection (b), unless

 

 

09500HB4159ham001 - 5 - LRB095 13768 NHT 45975 a

1 purchased under contract for the printing of student
2 newspapers.
3     (d)(1) Wherever economically and practically feasible, the
4 recycled paper and paper products referred to in subsection (b)
5 shall contain postconsumer or recovered paper materials as
6 specified by paper category in this subsection:
7          (i) Recycled high grade printing and writing paper
8     shall contain at least 50% recovered paper material. Such
9     recovered paper material, until July 1, 2008 1994, shall
10     consist of at least 20% deinked stock or postconsumer
11     material; and beginning July 1, 2008 1994, shall consist of
12     at least 25% deinked stock or postconsumer material; and
13     beginning July 1, 2010 1996, shall consist of at least 30%
14     deinked stock or postconsumer material; and beginning July
15     1, 2012 1998, shall consist of at least 40% deinked stock
16     or postconsumer material; and beginning July 1, 2014 2000,
17     shall consist of at least 50% deinked stock or postconsumer
18     material.
19          (ii) Recycled tissue products, until July 1, 1994,
20     shall contain at least 25% postconsumer material; and
21     beginning July 1, 1994, shall contain at least 30%
22     postconsumer material; and beginning July 1, 1996, shall
23     contain at least 35% postconsumer material; and beginning
24     July 1, 1998, shall contain at least 40% postconsumer
25     material; and beginning July 1, 2000, shall contain at
26     least 45% postconsumer material.

 

 

09500HB4159ham001 - 6 - LRB095 13768 NHT 45975 a

1          (iii) Recycled newsprint, until July 1, 1994, shall
2     contain at least 40% postconsumer material; and beginning
3     July 1, 1994, shall contain at least 50% postconsumer
4     material; and beginning July 1, 1996, shall contain at
5     least 60% postconsumer material; and beginning July 1,
6     1998, shall contain at least 70% postconsumer material; and
7     beginning July 1, 2000, shall contain at least 80%
8     postconsumer material.
9          (iv) Recycled unbleached packaging, until July 1,
10     1994, shall contain at least 35% postconsumer material; and
11     beginning July 1, 1994, shall contain at least 40%
12     postconsumer material; and beginning July 1, 1996, shall
13     contain at least 45% postconsumer material; and beginning
14     July 1, 1998, shall contain at least 50% postconsumer
15     material; and beginning July 1, 2000, shall contain at
16     least 55% postconsumer material.
17          (v) Recycled paperboard, until July 1, 1994, shall
18     contain at least 80% postconsumer material; and beginning
19     July 1, 1994, shall contain at least 85% postconsumer
20     material; and beginning July 1, 1996, shall contain at
21     least 90% postconsumer material; and beginning July 1,
22     1998, shall contain at least 95% postconsumer material.
23         (2) For the purposes of this Section, "postconsumer
24     material" includes:
25             (i) paper, paperboard, and fibrous waste from
26         retail stores, office buildings, homes and so forth,

 

 

09500HB4159ham001 - 7 - LRB095 13768 NHT 45975 a

1         after the waste has passed through its end usage as a
2         consumer item, including used corrugated boxes, old
3         newspapers, mixed waste paper, tabulating cards, and
4         used cordage; and
5             (ii) all paper, paperboard, and fibrous wastes
6         that are diverted or separated from the municipal waste
7         stream.
8         (3) For the purposes of this Section, "recovered paper
9     material" includes:
10             (i) postconsumer material;
11             (ii) dry paper and paperboard waste generated
12         after completion of the papermaking process (that is,
13         those manufacturing operations up to and including the
14         cutting and trimming of the paper machine reel into
15         smaller rolls or rough sheets), including envelope
16         cuttings, bindery trimmings, and other paper and
17         paperboard waste resulting from printing, cutting,
18         forming and other converting operations, or from bag,
19         box and carton manufacturing, and butt rolls, mill
20         wrappers, and rejected unused stock; and
21             (iii) finished paper and paperboard from obsolete
22         inventories of paper and paperboard manufacturers,
23         merchants, wholesalers, dealers, printers, converters
24         or others.
25     (e) Nothing in this Section shall be deemed to apply to art
26 materials, nor to any newspapers, magazines, text books,

 

 

09500HB4159ham001 - 8 - LRB095 13768 NHT 45975 a

1 library books or other copyrighted publications which are
2 purchased or used by any school board or any public school or
3 attendance center within a school district, or which are sold
4 in any school supply store operated by or within any such
5 school or attendance center, other than newspapers written,
6 edited or produced by students enrolled in the school district,
7 public school or attendance center.
8     (e-5) Before July 1, 2010, each school board shall develop
9 a comprehensive waste reduction plan covering a period of 15
10 years that addresses the management of solid waste generated by
11 academic, administrative, and other institutional functions.
12 This comprehensive waste reduction plan must be updated by the
13 school district every 5 years.
14     The comprehensive waste reduction plan shall provide for
15 recycling of marketable materials that are present in the
16 school district's waste stream at the time the plan is
17 developed or updated, including without limitation landscape
18 waste, corrugated cardboard, computer paper, and white office
19 paper. The plan shall also provide for the investigation of
20 potential markets for other recyclable materials that are
21 present in the school district's waste stream. The recycling
22 provisions of the comprehensive waste reduction plan must be
23 designed to achieve, before July 1, 2020, at least a 50%
24 reduction in the amount of solid waste that is generated by the
25 school district and identified by the plan as being subject to
26 landfill disposal.

 

 

09500HB4159ham001 - 9 - LRB095 13768 NHT 45975 a

1     (f) The State Board of Education, in coordination with the
2 Departments of Central Management Services and Commerce and
3 Economic Opportunity, may adopt such rules and regulations as
4 it deems necessary to assist districts in carrying out the
5 provisions of this Section.
6 (Source: P.A. 94-793, eff. 5-19-06.)
 
7     (105 ILCS 5/34-18.15)  (from Ch. 122, par. 34-18.15)
8     Sec. 34-18.15. Recycled paper and paper products and solid
9 waste management.
10     (a) Definitions. As used in this Section, the following
11 terms shall have the meanings indicated, unless the context
12 otherwise requires:
13     "Deinked stock" means paper that has been processed to
14 remove inks, clays, coatings, binders and other contaminants.
15     "High grade printing and writing papers" includes offset
16 printing paper, duplicator paper, writing paper (stationery),
17 tablet paper, office paper, note pads, xerographic paper,
18 envelopes, form bond including computer paper and carbonless
19 forms, book papers, bond papers, ledger paper, book stock and
20 cotton fiber papers.
21     "Paper and paper products" means high grade printing and
22 writing papers, tissue products, newsprint, unbleached
23 packaging and recycled paperboard.
24     "Postconsumer material" means only those products
25 generated by a business or consumer which have served their

 

 

09500HB4159ham001 - 10 - LRB095 13768 NHT 45975 a

1 intended end uses, and which have been separated or diverted
2 from solid waste; wastes generated during the production of an
3 end product are excluded.
4     "Recovered paper material" means paper waste generated
5 after the completion of the papermaking process, such as
6 postconsumer materials, envelope cuttings, bindery trimmings,
7 printing waste, cutting and other converting waste, butt rolls,
8 and mill wrappers, obsolete inventories, and rejected unused
9 stock. "Recovered paper material", however, does not include
10 fibrous waste generated during the manufacturing process as
11 fibers recovered from waste water or trimmings of paper machine
12 rolls (mill broke), or fibrous byproducts of harvesting,
13 extraction or woodcutting processes, or forest residues such as
14 bark.
15     "Recycled paperboard" includes paperboard products,
16 folding cartons and pad backings.
17     "Tissue products" includes toilet tissue, paper towels,
18 paper napkins, facial tissue, paper doilies, industrial
19 wipers, paper bags and brown papers. These products shall also
20 be unscented and shall not be colored.
21     "Unbleached packaging" includes corrugated and fiber
22 storage boxes.
23     (a-5) The school district shall periodically review its
24 procurement procedures and specifications related to the
25 purchase of products and supplies. Those procedures and
26 specifications must be modified as necessary to require the

 

 

09500HB4159ham001 - 11 - LRB095 13768 NHT 45975 a

1 school district to seek out products and supplies that contain
2 recycled materials and to ensure that purchased products and
3 supplies are reusable, durable, or made from recycled
4 materials, if economically and practically feasible. In
5 selecting products and supplies that contain recycled
6 material, preference must be given to products and supplies
7 that contain the highest amount of recycled material and that
8 are consistent with the effective use of the product or supply,
9 if economically and practically feasible.
10     (b) Wherever economically and practically feasible, as
11 determined by the board of education, the board of education,
12 all public schools and attendance centers within the school
13 district, and their school supply stores shall procure recycled
14 paper and paper products as follows:
15         (1) Beginning July 1, 2008 1992, at least 10% of the
16     total dollar value of paper and paper products purchased by
17     the board of education, public schools and attendance
18     centers, and their school supply stores shall be recycled
19     paper and paper products. ;
20         (2) Beginning July 1, 2011 1995, at least 25% of the
21     total dollar value of paper and paper products purchased by
22     the board of education, public schools and attendance
23     centers, and their school supply stores shall be recycled
24     paper and paper products. ;
25         (3) Beginning July 1, 2014 1999, at least 50% 40% of
26     the total dollar value of paper and paper products

 

 

09500HB4159ham001 - 12 - LRB095 13768 NHT 45975 a

1     purchased by the board of education, public schools and
2     attendance centers, and their school supply stores shall be
3     recycled paper and paper products. ;
4         (4) Beginning July 1, 2020 2001, at least 75% 50% of
5     the total dollar value of paper and paper products
6     purchased by the board of education, public schools and
7     attendance centers, and their school supply stores shall be
8     recycled paper and paper products. ;
9         (5) Beginning upon the effective date of this
10     amendatory Act of 1992, all paper purchased by the board of
11     education, public schools and attendance centers for
12     publication of student newspapers shall be recycled
13     newsprint. The amount purchased shall not be included in
14     calculating the amounts specified in paragraphs (1)
15     through (4).
16     (c) Paper and paper products purchased from private sector
17 vendors pursuant to printing contracts are not considered paper
18 and paper products for the purposes of subsection (b), unless
19 purchased under contract for the printing of student
20 newspapers.
21     (d)(1) Wherever economically and practically feasible, the
22 recycled paper and paper products referred to in subsection (b)
23 shall contain postconsumer or recovered paper materials as
24 specified by paper category in this subsection:
25         (i) Recycled high grade printing and writing paper
26     shall contain at least 50% recovered paper material. Such

 

 

09500HB4159ham001 - 13 - LRB095 13768 NHT 45975 a

1     recovered paper material, until July 1, 2008 1994, shall
2     consist of at least 20% deinked stock or postconsumer
3     material; and beginning July 1, 2008 1994, shall consist of
4     at least 25% deinked stock or postconsumer material; and
5     beginning July 1, 2010 1996, shall consist of at least 30%
6     deinked stock or postconsumer material; and beginning July
7     1, 2012 1998, shall consist of at least 40% deinked stock
8     or postconsumer material; and beginning July 1, 2014 2000,
9     shall consist of at least 50% deinked stock or postconsumer
10     material.
11         (ii) Recycled tissue products, until July 1, 1994,
12     shall contain at least 25% postconsumer material; and
13     beginning July 1, 1994, shall contain at least 30%
14     postconsumer material; and beginning July 1, 1996, shall
15     contain at least 35% postconsumer material; and beginning
16     July 1, 1998, shall contain at least 40% postconsumer
17     material; and beginning July 1, 2000, shall contain at
18     least 45% postconsumer material.
19         (iii) Recycled newsprint, until July 1, 1994, shall
20     contain at least 40% postconsumer material; and beginning
21     July 1, 1994, shall contain at least 50% postconsumer
22     material; and beginning July 1, 1996, shall contain at
23     least 60% postconsumer material; and beginning July 1,
24     1998, shall contain at least 70% postconsumer material; and
25     beginning July 1, 2000, shall contain at least 80%
26     postconsumer material.

 

 

09500HB4159ham001 - 14 - LRB095 13768 NHT 45975 a

1         (iv) Recycled unbleached packaging, until July 1,
2     1994, shall contain at least 35% postconsumer material; and
3     beginning July 1, 1994, shall contain at least 40%
4     postconsumer material; and beginning July 1, 1996, shall
5     contain at least 45% postconsumer material; and beginning
6     July 1, 1998, shall contain at least 50% postconsumer
7     material; and beginning July 1, 2000, shall contain at
8     least 55% postconsumer material.
9         (v) Recycled paperboard, until July 1, 1994, shall
10     contain at least 80% postconsumer material; and beginning
11     July 1, 1994, shall contain at least 85% postconsumer
12     material; and beginning July 1, 1996, shall contain at
13     least 90% postconsumer material; and beginning July 1,
14     1998, shall contain at least 95% postconsumer material.
15         (2) For the purposes of this Section, "postconsumer
16     material" includes:
17              (i) paper, paperboard, and fibrous waste from
18         retail stores, office buildings, homes and so forth,
19         after the waste has passed through its end usage as a
20         consumer item, including used corrugated boxes, old
21         newspapers, mixed waste paper, tabulating cards, and
22         used cordage; and
23              (ii) all paper, paperboard, and fibrous wastes
24         that are diverted or separated from the municipal waste
25         stream.
26         (3) For the purpose of this Section, "recovered paper

 

 

09500HB4159ham001 - 15 - LRB095 13768 NHT 45975 a

1     material" includes:
2              (i) postconsumer material;
3              (ii) dry paper and paperboard waste generated
4         after completion of the papermaking process (that is,
5         those manufacturing operations up to and including the
6         cutting and trimming of the paper machine reel into
7         smaller rolls or rough sheets), including envelope
8         cuttings, bindery trimmings, and other paper and
9         paperboard waste resulting from printing, cutting,
10         forming and other converting operations, or from bag,
11         box and carton manufacturing, and butt rolls, mill
12         wrappers, and rejected unused stock; and
13              (iii) finished paper and paperboard from obsolete
14         inventories of paper and paperboard manufacturers,
15         merchants, wholesalers, dealers, printers, converters
16         or others.
17     (e) Nothing in this Section shall be deemed to apply to art
18 materials, nor to any newspapers, magazines, text books,
19 library books or other copyrighted publications which are
20 purchased or used by the board of education or any public
21 school or attendance center within the school district, or
22 which are sold in any school supply store operated by or within
23 any such school or attendance center, other than newspapers
24 written, edited or produced by students enrolled in the school
25 district, public school or attendance center.
26     (e-5) Before July 1, 2010, the board shall develop a

 

 

09500HB4159ham001 - 16 - LRB095 13768 NHT 45975 a

1 comprehensive waste reduction plan covering a period of 15
2 years that addresses the management of solid waste generated by
3 academic, administrative, and other institutional functions.
4 This comprehensive waste reduction plan must be updated by the
5 school district every 5 years.
6     The comprehensive waste reduction plan shall provide for
7 recycling of marketable materials that are present in the
8 school district's waste stream at the time the plan is
9 developed or updated, including without limitation landscape
10 waste, corrugated cardboard, computer paper, and white office
11 paper. The plan shall also provide for the investigation of
12 potential markets for other recyclable materials that are
13 present in the school district's waste stream. The recycling
14 provisions of the comprehensive waste reduction plan must be
15 designed to achieve, before July 1, 2020, at least a 50%
16 reduction in the amount of solid waste that is generated by the
17 school district and identified by the plan as being subject to
18 landfill disposal.
19     (f) The State Board of Education, in coordination with the
20 Departments of Central Management Services and Commerce and
21 Economic Opportunity, may adopt such rules and regulations as
22 it deems necessary to assist districts in carrying out the
23 provisions of this Section.
24 (Source: P.A. 94-793, eff. 5-19-06.)
 
25     Section 90. The State Mandates Act is amended by adding

 

 

09500HB4159ham001 - 17 - LRB095 13768 NHT 45975 a

1 Section 8.32 as follows:
 
2     (30 ILCS 805/8.32 new)
3     Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
4 of this Act, no reimbursement by the State is required for the
5 implementation of any mandate created by this amendatory Act of
6 the 95th General Assembly.
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.".