SB2313sam001 95TH GENERAL ASSEMBLY

Sen. Susan Garrett

Filed: 3/10/2008

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2313

2     AMENDMENT NO. ______. Amend Senate Bill 2313 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Electronic Products Recycling and Reuse Act.
 
6     Section 5. Findings and purpose.
7     (a) The General Assembly finds all of the following:
8         (1) Electronic products are the fastest growing
9     portion of the solid waste stream. In 2005, 2,600,000 tons
10     of electronic products became obsolete yet only 13% of
11     those products were recycled.
12         (2) Many electronic products contain lead, mercury,
13     cadmium, hexavalent chromium, and other materials that
14     pose environmental and health risks that must be managed.
15         (3) Many obsolete electronic products can be recycled
16     or refurbished for reuse and then returned to the economic

 

 

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1     mainstream in the form of raw materials or products.
2         (4) Electronic products contain metals, plastics, and
3     leaded glass that have resale value. The reuse of these
4     components conserves natural resources and energy, and the
5     reuse also reduces air and water pollution and greenhouse
6     gas emissions.
7         (5) A management is necessary to place the reuse and
8     recycling of obsolete residential electronic products as
9     the preferred management strategy over incineration and
10     landfill disposal.
11         (6) The Illinois Recycling Economic Information Study
12     of 2001 estimates that the total economic impact of
13     establishing statewide recycling and reuse programs for
14     residential electronic products may result in the creation
15     of nearly 4,000 new jobs and $740 million in annual
16     receipts.
17         (7) The State-appointed Computer Equipment Disposal
18     and Recycling Commission issued a final report in May 2006
19     recommending legislative, regulatory, or other actions to
20     properly address the recycling and reuse of obsolete
21     residential electronic products.
22     (b) The purpose of this Act is to set forth procedures by
23 which the recycling and processing for reuse of covered
24 electronic devices will be accomplished in Illinois.
 
25     Section 10. Definitions. As used in this Act:

 

 

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1     "Agency" means the Environmental Protection Agency.
2     "Cathode ray tube" means a vacuum tube or picture tube used
3 to convert an electronic signal into a visual image, such as a
4 television or computer monitor.
5     "Collector" means a person who receives covered electronic
6 devices or eligible electronic devices directly from a
7 residence for recycling or processing for reuse. "Collector"
8 includes, but is not limited to, manufacturers, recyclers, and
9 refurbishers who receive CEDs or EEDs directly from the public.
10     "Computer", often referred to as a "personal computer" or
11 "PC", means a desktop or notebook computer as further defined
12 below and used only in a residence, but does not mean an
13 automated typewriter, electronic printer, mobile telephone,
14 portable hand-held calculator, portable digital assistant
15 (PDA), MP3 player, or other similar device. "Computer" does not
16 include computer peripherals, commonly known as cables, mouse,
17 or keyboard. "Computer" is further defined as either:
18         (1) "Desktop computer", which means an electronic,
19     magnetic, optical, electrochemical, or other high-speed
20     data processing device performing logical, arithmetic, or
21     storage functions for general purpose needs that are met
22     through interaction with a number of software programs
23     contained therein, and that is not designed to exclusively
24     perform a specific type of logical, arithmetic, or storage
25     function or other limited or specialized application.
26     Human interface with a desktop computer is achieved through

 

 

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1     a standalone keyboard, stand-alone monitor, or other
2     display unit, and a stand-alone mouse or other pointing
3     device, and is designed for a single user. A desktop
4     computer has a main unit that is intended to be
5     persistently located in a single location, often on a desk
6     or on the floor. A desktop computer is not designed for
7     portability and generally utilizes an external monitor,
8     keyboard, and mouse with an external or internal power
9     supply for a power source. Desktop computer does not
10     include an automated typewriter or typesetter; or
11         (2) "Notebook computer", which means an electronic,
12     magnetic, optical, electrochemical, or other high-speed
13     data processing device performing logical, arithmetic, or
14     storage functions for general purpose needs that are met
15     through interaction with a number of software programs
16     contained therein, and that is not designed to exclusively
17     perform a specific type of logical, arithmetic, or storage
18     function or other limited or specialized application.
19     Human interface with a notebook computer is achieved
20     through a keyboard, video display greater than 4 inches in
21     size, and mouse or other pointing device, all of which are
22     contained within the construction of the unit that
23     comprises the notebook computer; supplemental stand-alone
24     interface devices typically can also be attached to the
25     notebook computer. Notebook computers can use external,
26     internal, or batteries for a power source. Notebook

 

 

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1     computer does not include a portable handheld calculator,
2     or a portable digital assistant or similar specialized
3     device. A notebook computer has an incorporated video
4     display greater than 4 inches in size and can be carried as
5     one unit by an individual. A notebook computer is sometimes
6     referred to as a laptop computer.
7     "Computer monitor" means an electronic device that is a
8 cathode-ray tube or flat panel display primarily intended to
9 display information from a computer and is used only in a
10 residence.
11     "Covered electronic device" or "CED" means any computer,
12 computer monitor, or television that is taken out of service
13 from a residence in this State regardless of purchase location.
14 "Covered electronic device" does not include any of the
15 following:
16         (1) an electronic device that is a part of a motor
17     vehicle or any component part of a motor vehicle assembled
18     by or for a vehicle manufacturer or franchised dealer,
19     including replacement parts for use in a motor vehicle;
20         (2) an electronic device that is functionally or
21     physically part of a larger piece of equipment or that is
22     taken out of service from an industrial, commercial
23     (including retail), library checkout, traffic control,
24     kiosk, security (other than household security),
25     governmental, agricultural, or medical setting, including
26     but not limited to diagnostic, monitoring, or control

 

 

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1     equipment; or
2         (3) an electronic device that is contained within a
3     clothes washer, clothes dryer, refrigerator, refrigerator
4     and freezer, microwave oven, conventional oven or range,
5     dishwasher, room air conditioner, dehumidifier, water
6     pump, sump pump, or air purifier.
7 To the extent allowed under federal and State laws and
8 regulations, a CED that is being collected, recycled, or
9 processed for reuse is not considered to be hazardous waste,
10 household waste, solid waste, or special waste.
11     "Dismantling" means the demanufacturing and shredding of a
12 CED.
13     "Eligible electronic device" or "EED" means any of the
14 following electronic products taken out of service from a
15 residence in this State regardless of purchase location: mobile
16 telephone; electronic printer; computer cable, mouse, or
17 keyboard; facsimile machine; MP3 player; portable digital
18 assistant (PDA); video game console, video cassette
19 recorder/player, digital video disk player, or similar video
20 device; zip drive; or scanner. To the extent allowed under
21 federal and state laws and regulations, an EED that is being
22 collected, recycled, or processed for reuse is not considered
23 to be hazardous waste, household waste, solid waste, or special
24 waste.
25     "Manufacturer" means a person, or a successor in interest
26 to a person, under whose brand or label a CED is or was sold at

 

 

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1 retail. For CEDs sold at retail under a brand or label that is
2 licensed from a person who is a mere brand owner and who does
3 not sell or produce the CED, the person who produced the CED or
4 his or her successor in interest is the manufacturer. For CEDs
5 sold that were at retail under the brand or label of both the
6 retail seller and the person that produced the CED, the person
7 that produced the CED, or his or her successor in interest, is
8 the manufacturer. A retail seller of CEDs may elect to be the
9 manufacturer of one or more CEDs if the retail seller provides
10 written notice to the Agency that it is accepting
11 responsibility as the manufacturer of the CED under this Act
12 and identifies the CEDs for which it is electing to be the
13 manufacturer.
14     "Orphan CEDs" means those CEDs that are returned for
15 recycling, or processing for reuse, whose manufacturer cannot
16 be identified, or whose manufacturer is no longer conducting
17 business and has no successor in interest.
18     "Person" means any individual, partnership,
19 co-partnership, firm, company, limited liability company,
20 corporation, association, joint stock company, trust, estate,
21 political subdivision, State agency, or any other legal entity,
22 or a legal representative, agent, or assign of that entity.
23     "Processing for reuse" means any method, technique, or
24 process by which CEDs or EEDs that would otherwise be disposed
25 of or discarded are instead separated, processed, and returned
26 to their original intended purposes or to other useful purposes

 

 

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1 as electronic devices.
2     "Program Year" means a calendar year. The first program
3 year is 2010.
4     "Recycler" means a person who engages in the recycling of
5 CEDs or EEDs.
6     "Recycling" means any method, technique, or process by
7 which CEDs or EEDs that would otherwise be disposed of or
8 discarded are instead collected, separated, or processed and
9 are returned to the economic mainstream in the form of raw
10 materials or products. "Recycling" includes the collection,
11 transportation, dismantling, and shredding of the CEDs or EEDs.
12     "Refurbisher" means any person who processes CEDs or EEDs
13 for reuse.
14     "Retailer" means a person who sells, rents, or leases,
15 through sales outlets, catalogues, or the Internet, computers,
16 computer monitors, or televisions at retail to individuals in
17 this State. For purposes of this Act, sales to individuals at
18 retail are considered to be sales for residential use.
19 "Retailer" includes, but is not limited to, manufacturers who
20 sell computers, computer monitors, or televisions at retail
21 directly to individuals in this State.
22     "Sale" means any retail transfer of title for consideration
23 of title including, but not limited to, transactions conducted
24 through sales outlets, catalogs, or the Internet or any other
25 similar electronic means but does not mean financing or
26 leasing.

 

 

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1     "Television" means an electronic device (i) containing a
2 cathode-ray tube or flat panel screen the size of which is
3 greater than 4 inches when measured diagonally, (ii) that is
4 intended to receive video programming via broadcast, cable, or
5 satellite transmission or to receive video from surveillance or
6 other similar cameras, and (iii) that is used only in a
7 residence.
 
8     Section 15. Statewide recycling and reuse goals for all
9 covered electronic devices.
10     (a) For program year 2010, the statewide recycling or reuse
11 goal for all CEDs is the product of: (i) the latest population
12 estimate for the State, as published on the U.S. Census
13 Bureau's website on January 1, 2010; multiplied by (ii) 3.54
14 pounds per capita.
15     (b) For program year 2011, the statewide recycling or reuse
16 goal for all CEDs is the product of: (i) the 2010 base weight;
17 multiplied by (ii) the 2010 goal attainment percentage.
18     For the purposes of this subsection (b):
19     The "2010 base weight" means the greater of: (i) twice the
20 total weight of all CEDs that were recycled or processed for
21 reuse between January 1, 2010 and June 30, 2010 as calculated
22 by the Agency from reports submitted under subsection (i) or
23 (j) of Section 30; or (ii) twice the total weight of all CEDs
24 that were recycled or processed for reuse between January 1,
25 2010 and June 30, 2010 as calculated by the Agency from reports

 

 

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1 submitted under subsection (c) of Section 55.
2     The "2010 goal attainment percentage" means:
3         (1) 90% if the 2010 base weight is 90% or less of the
4     statewide recycling or reuse goal for program year 2010;
5         (2) 95% if the 2010 base weight is greater than 90% but
6     does not exceed 95% of the statewide recycling or reuse
7     goal for program year 2010;
8         (3) 100% if the 2010 base weight is greater than 95%
9     but does not exceed 100% of the statewide recycling or
10     reuse goal for program year 2010;
11         (4) 105% if the 2010 base weight is greater than 105%
12     but does not exceed 110% of the statewide recycling or
13     reuse goal for program year 2010; and
14         (5) 110% if the 2010 base weight is greater than 110%
15     of the statewide recycling or reuse goal for program year
16     2010.
17     (c) For program years 2012 and thereafter, the statewide
18 recycling or reuse goal for all CEDs is the product of: (i) the
19 base weight; multiplied by (ii) the goal attainment percentage.
20     For the purposes of this subsection (c):
21     The "base weight" means the greater of: (i) the total
22 weight of all CEDs recycled or processed for reuse during the
23 previous program year as calculated by the Agency from reports
24 submitted under subsection (k) or (l) of Section 30; or (ii)
25 the total weight of all CEDs recycled or processed for reuse
26 during the previous program year as calculated by the Agency

 

 

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1 from reports submitted under subsection (d) of Section 55.
2     The "goal attainment percentage" means:
3         (1) 90% if the base weight is 90% or less of the
4     statewide recycling or reuse goal for the previous program
5     year;
6         (2) 95% if the base weight is greater than 90% but does
7     not exceed 95% of the statewide recycling or reuse goal for
8     the previous program year;
9         (3) 100% if the base weight is greater than 95% but
10     does not exceed 100% of the statewide recycling or reuse
11     goal for the previous program year;
12         (4) 105% if the base weight is greater than 105% but
13     does not exceed 110% of the statewide recycling or reuse
14     goal for the previous program year; and
15         (5) 110% if the base weight is greater than 110% of the
16     statewide recycling or reuse goal for the previous program
17     year.
 
18     Section 16. Statewide recycling or reuse goals for all
19 television manufacturers.
20     (a) For program year 2010, the statewide recycling or reuse
21 goal for television manufacturers is 53% of the statewide goal
22 for all CEDs under subsection (a) of Section 15.
23     (b) For program year 2011, the statewide recycling or reuse
24 goal for television manufacturers is the product of: (i) an
25 amount equal to the total weight of televisions that were

 

 

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1 recycled or processed for reuse between January 1, 2010 and
2 June 30, 2010, as reported under subsection (i) of Section 30,
3 divided by the total weight of all CEDs that were recycled or
4 processed for reuse between January 1, 2010 and June 30, 2010,
5 as reported under subsection (i) of Section 30; multiplied by
6 (ii) the statewide recycling or reuse goal for all CEDs under
7 subsection (b) of Section 15.
8     (c) For program years 2012 and thereafter, the statewide
9 recycling or reuse goal for television manufacturers is the
10 product of: (i) an amount equal to the total weight of
11 televisions recycled or processed for reuse during the previous
12 program year, as reported under subsection (d) of Section 20,
13 divided by the total weight of all CEDs recycled or processed
14 for reuse, as reported under subsection (d) of Section 20;
15 multiplied by (ii) the statewide recycling or reuse goal for
16 all CEDs under subsection (c) of Section 15.
 
17     Section 17. Statewide recycling or reuse goals for all
18 computer and computer monitor manufacturers.
19     (a) For program year 2010, the statewide recycling or reuse
20 goal for computer and computer monitor manufacturers is 47% of
21 the statewide goal for all CEDs under subsection (a) of Section
22 15.
23     (b) For program year 2011, the statewide recycling or reuse
24 goal for computer and computer monitor manufacturers is the
25 product of: (i) an amount equal to the total weight of

 

 

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1 computers and computer monitors that were recycled or processed
2 for reuse between January 1, 2010 and June 30, 2010, as
3 reported under subsection (j) of Section 30, divided by the
4 total weight of all CEDs that were recycled or processed for
5 reuse between January 1, 2010 and June 30, 2010, as reported
6 under subsection (j) of Section 30; multiplied by (ii)
7 statewide recycling or reuse goal for all CEDs under subsection
8 (b) of Section 15.
9     (c) For program years 2012 and thereafter, the statewide
10 recycling or reuse goal for for computer and computer monitor
11 manufacturers is the product of: (i) an amount equal to the
12 total weight of computers and computer monitors recycled or
13 processed for reuse during the previous program year, as
14 reported under subsection (d) of Section 20, divided by the
15 total weight of all CEDs recycled or processed for reuse, as
16 reported under subsection (d) of Section 20; multiplied by (ii)
17 statewide recycling or reuse goal for all CEDs under subsection
18 (c) of Section 15.
 
19     Section 18. Determination of market shares and return
20 shares.
21     (a) The recycling or reuse goal for each television
22 manufacturer is based upon that manufacturer's market share.
23 The market share for each television manufacturer is the
24 following:
25         (1) For program year 2010, the quotient of: (i) the

 

 

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1     total weight of the manufacturer's televisions that were
2     sold at retail in this State to individuals between October
3     1, 2008 and March 31, 2009, as reported under subsection
4     (h) of Section 30; divided by (ii) the total weight of all
5     televisions that were sold at retail in this State to
6     individuals between October 1, 2008 and March 31, 2009, as
7     reported under subsection (h) of Section 30.
8         (2) For program year 2011, the quotient of: (i) the
9     total weight of the manufacturer's televisions that were
10     sold at retail in this State to individuals between January
11     1, 2010 and June 30, 2010, as reported under subsection (i)
12     of Section 30; divided by (ii) the total weight of all
13     televisions that were sold at retail in this State to
14     individuals between January 1, 2010 and June 30, 2010, as
15     reported under subsection (i) of Section 30.
16         (3) For program years 2012 and thereafter, the quotient
17     of: (i) the total weight of the manufacturer's televisions
18     that were sold at retail in this State to individuals
19     during the previous program year, as reported under
20     subsection (k) of Section 30; divided by (ii) the total
21     weight of all televisions sold at retail in this State to
22     individuals during the previous program year, as reported
23     under subsection (k) of Section 30.
24     (b) The recycling or reuse goals for each manufacturer of
25 computers or computer monitors is based upon that
26 manufacturer's return share. The return share for each

 

 

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1 manufacturer of computers or computer monitors is the
2 following:
3         (1) For program year 2010, the return share for each
4     manufacturer shall be determined using the information the
5     Florida Department of Environmental Protection used to
6     create its October 5, 2007, report entitled "Quantifying
7     Electronic Product Brand Market Share as a Metric for
8     Apportioning Manufacturer Share of Recycling System
9     Costs". Using the same information that was used to
10     generate Tables 6 and 9 of the report, a manufacturer's
11     return share shall be equal to the quotient of: (i) the sum
12     of the number of the manufacturer's computers received for
13     recycling plus the number of the manufacturer's computer
14     monitors received for recycling, divided by (ii) the sum of
15     the total number of computers received for recycling plus
16     the total number computer monitors received for recycling.
17         (2) For program year 2011, the quotient of: (i) the
18     total weight of the manufacturer's computers and computer
19     monitors that were taken out of service from a residence in
20     this State and recycled or processed for reuse between
21     January 1, 2010 and June 30, 2010, as reported under
22     subsection (j) of Section 30; divided by (ii) the total
23     weight of all computers and computer monitors that were
24     taken out of service from a residence in this State and
25     recycled or processed for reuse between January 1, 2010 and
26     June 30, 2010, as reported under subsection (j) of Section

 

 

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1     30.
2         (3) For program years 2012 and thereafter, the quotient
3     of: (i) the total weight of the manufacturer's computers
4     and computer monitors that were taken out of service from a
5     residence in this State and recycled or processed for reuse
6     during the previous program year, as reported under
7     subsection (l) of Section 30; divided by (ii) the total
8     weight of all computers and computer monitors that were
9     taken out of service from a residence in this State and
10     recycled or processed for reuse during the previous program
11     year, as reported under subsection (l) of Section 30.
 
12     Section 19. Recycling or reuse goals for individual
13 manufacturers.
14     (a) The individual recycling and reuse goal for each
15 television manufacturer is the product of (i) the statewide
16 goal for the recycling and reuse for all television
17 manufacturers under Section 16; multiplied by (ii) that
18 manufacturer's market share under subsection (a) of Section 18.
19     (b) The individual recycling and reuse goal for each
20 manufacturer of computers or computer monitors is the product
21 of (i) the statewide goal for the recycling and reuse for all
22 all computer and computer monitor manufacturers under Section
23 17; multiplied by (ii) that manufacturer's return share under
24 subsection (b) of Section 18.
 

 

 

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1     Section 20. Agency responsibilities.
2     (a) The Agency has the authority to monitor compliance with
3 this Act and to refer violations of this Act to the Attorney
4 General.
5     (b) No later than October 1 of each program year, the
6 Agency shall post on its website a list of underserved counties
7 in the State for the next program year. The list of underserved
8 counties for the first program year is set forth in subsection
9 (a) of Section 60.
10     (c) By July 1, 2009, the Agency shall implement a county
11 and municipal government education campaign to inform those
12 entities about this Act and the implications on solid waste
13 collection in their localities.
14     (d) By July 1, 2011 for the first program year, and by
15 April 1 for all subsequent program years, the Agency shall
16 report to the Governor and to the General Assembly annually on
17 the previous program year's performance. The report must be
18 posted on the Agency's website. The report must include, but
19 not be limited to, the following:
20         (1) the total overall weight of CEDs, as well as the
21     sub-total weight of computers, the sub-total weight of
22     computer monitors, the sub-total weight of televisions,
23     and the total weight of EEDs that were recycled or
24     processed for reuse in the State during the program year,
25     as reported by manufacturers and collectors under Sections
26     30 and 55;

 

 

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1         (2) a listing of all collection sites as set forth
2     under subsection (e) of Section 55;
3         (3) a statement of the manufacturers' progress toward
4     achieving the statewide recycling goal set forth in Section
5     15 (calculated from the manufacturer reports pursuant to
6     Section 30 and the collector reports pursuant to Section
7     55) and any identified State actions that may help expand
8     collection opportunities to help manufacturers achieve the
9     statewide recycling goal;
10         (4) a listing of any manufacturers whom the Agency
11     referred to the Attorney General's Office for enforcement
12     as a result of a violation of this Act; and
13         (5) a discussion of the Agency's education and outreach
14     activities.
15     (e) The Agency shall post on its website a list of
16 registered collectors to whom Illinois residents can bring CEDs
17 and EEDs for recycling or processing for reuse, including links
18 to the collectors' websites and the collectors' phone numbers.
19     (f) In program years 2012, 2013, and 2014, and at its
20 discretion thereafter, the Agency shall convene and host an
21 Electronic Products Recycling Conference. The Agency may host
22 the conferences alone or with other public entities or with
23 organizations associated with electronic products recycling.
24     (g) No later than October 1 of each program year, the
25 Agency must post on its website the following information for
26 the next program year:

 

 

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1         (1) The overall statewide recycling and reuse goal for
2     CEDs, as well as the sub-goals for televisions, and
3     computers and computer monitors, as set forth in Section
4     15.
5         (2) The market shares of television manufacturers and
6     the return shares of computer and computer monitor
7     manufacturers, as set forth in Section 18, and
8         (3) The individual recycling and reuse goals for each
9     manufacturer, as set forth in Section 19.
 
10     Section 30. Manufacturer responsibilities.
11     (a) Prior to April 1, 2009 for the first program year, and
12 by October 1 for program year 2011 and thereafter,
13 manufacturers whose computers, computer monitors, or
14 televisions are sold in this State must register with the
15 Agency. The registration must be submitted in the form and
16 manner required by the Agency. The registration must include,
17 without limitation, all of the following:
18         (1) a list of all of the manufacturer's brands of
19     computers, computer monitors, or televisions to be offered
20     for sale in the next program year;
21         (2) for manufacturers of both televisions and
22     computers or computer monitors, an identification of
23     whether, for residential use, (i) televisions or (ii)
24     computers and computer monitors, represent the larger
25     number of units sold for the manufacturer; and

 

 

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1         (3) a statement disclosing whether:
2             (A) any computer, computer monitor, or television
3         sold in this State exceeds the maximum concentration
4         values established for lead, mercury, cadmium,
5         hexavalent chromium, polybrominated biphenyls (PBBs),
6         and polybrominated diphenyl ethers (PBDEEs) under the
7         RoHS (restricting the use of certain hazardous
8         substances in electrical and electronic equipment)
9         Directive 2002/95/EC of the European Parliament and
10         Council and any amendments thereto and, if so, an
11         identification of that computer, computer monitor, or
12         television; or
13             (B) the manufacturer has received an exemption
14         from one or more of those maximum concentration values
15         under the RoHS Directive that has been approved and
16         published by the European Commission.
17     If, during the program year, a manufacturer's computer,
18 computer monitor, or television is sold or offered for sale
19 under a new brand that is not listed in the manufacturer's
20 registration, then, within 30 days after the first sale or
21 offer for sale under the new brand, the manufacturer must amend
22 its registration to add the new brand.
23     (b) Prior to July 1, 2009 for the first program year, and
24 by November 1 for program years 2011 and later, all
25 manufacturers whose computers, computer monitors, or
26 televisions are sold in the State shall submit to the Agency,

 

 

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1 at an address prescribed by the Agency, the registration fee
2 for the next program year. The registration fee for program
3 year 2010 is $5,000.
4     For program years 2011 and later, the registration fee is
5 increased each year by an inflation factor determined by the
6 annual Implicit Price Deflator for Gross National Product, as
7 published by the U.S. Department of Commerce in its Survey of
8 Current Business. The inflation factor must be calculated each
9 year by dividing the latest published annual Implicit Price
10 Deflator for Gross National Product by the annual Implicit
11 Price Deflator for Gross National Product for the previous
12 year. The inflation factor must be rounded to the nearest
13 1/100th, and the resulting registration fee must be rounded to
14 the nearest whole dollar. No later than October 1 of each
15 program year, the Agency shall post on its website the
16 registration fee for the next program year.
17     (c) A manufacturer whose computers, computer monitors, or
18 televisions are first sold or offered for sale in this State on
19 or after January 1 of a program year must register with the
20 Agency in accordance with subsection (a) of this Section and
21 submit the registration fee required under subsection (b) of
22 this Section prior to the manufacturer's computers, computer
23 monitors, or televsions being sold or offered for sale.
24     (d) Each manufacturer shall recycle or process for reuse
25 CEDs and EEDs whose total weight equals or exceeds the
26 manufacturer's individual recycling and reuse goal set forth in

 

 

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1 Section 19 of this Act. Individual consumers may not be charged
2 an end-of-life fee when bringing their CEDs and EEDs to
3 permanent or temporary collection locations, unless a
4 financial incentive of equal value, such as a coupon, is
5 provided. Collectors may charge a fee for premium services such
6 as curbside collection, home pick-up, or a similar method of
7 collection.
8     When determining whether a manufacturer has met or exceeded
9 its individual recycling and reuse goal set forth in Section 19
10 of this Act, all of the following adjustments must be made:
11         (1) The total weight of CEDs processed for reuse by the
12     manufacturer, its recyclers, or its refurbishers is
13     doubled.
14         (2) The total weight of CEDs is tripled if they are
15     donated for reuse by the manufacturer to a primary or
16     secondary public education institution or to a
17     not-for-profit entity that is established under Section
18     501(c)(3) of the Internal Revenue Code of 1986 and whose
19     principal mission is to assist low-income children or
20     families or to assist the developmentally disabled in
21     Illinois. This subsection applies only to CEDs for which
22     the manufacturer has received a written confirmation that
23     the recipient has accepted the donation. Copies of all
24     written confirmations must be submitted in the annual
25     report required under Section 30.
26         (3) The total weight of CEDs collected by manufacturers

 

 

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1     free of charge in underserved counties is doubled. This
2     subsection applies only to CEDs that are documented by
3     collectors as being collected or received free of charge in
4     underserved counties. This documentation must include,
5     without limitation, the date and location of collection or
6     receipt, the weight of the CEDs collected or received, and
7     an acknowledgement by the collector that the CEDs were
8     collected or received free of charge. Copies of the
9     documentation must be submitted in the annual report
10     required under subsection (h), (i), (j), (k), or (l) of
11     Section 30.
12     (e) Manufacturers of computers or computer monitors,
13 either individually or collectively, shall hire an independent
14 third-party auditor to perform statistically significant
15 return share samples of CEDs received by recyclers and
16 refurbishers for recycling or processing for reuse. Each
17 third-party auditor shall perform a return share sample of CEDs
18 for at least one 8-hour period, once a quarter during the
19 program year at the facility of each registered recycler and
20 refurbisher under contract with the manufacturer or group of
21 manufacturers that has hired the auditor. The audit shall
22 contain the following data:
23         (1) the number and weight of CEDs, sorted by brand name
24     and product type, including a category for orphan CEDs;
25         (2) the total weight of the sample by product type;
26         (3) the date, location, and time of the sampling;

 

 

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1         (4) the name or names of the manufacturer for whom the
2     recycler is performing activities under this Act; and
3         (5) a certification by the third-party auditor that the
4     sampling is statistically significant and, if not, an
5     explanation as to what occurred to render the sampling
6     insignificant.
7     The manufacturer shall notify the Agency 30 days prior to
8 the third-party auditor's return share sampling by providing
9 the Agency with the time and date on which the third-party will
10 perform the return share sample. The Agency may, at its
11 discretion, be present at any sampling event and may audit the
12 methodology and the results of the third-party auditor.
13     No less than 30 days after the close of each calendar
14 quarter, the manufacturer shall submit to the Agency the
15 results of the third-party samplings conducted during the
16 quarter. The results shall be submitted in the form and manner
17 required by the Agency.
18     (f) Manufacturers shall ensure that only recyclers and
19 refurbishers that have registered with the Agency are used to
20 meet the individual recycling and reuse goals set forth in this
21 Act.
22     (g) Manufacturers shall ensure that the recyclers and
23 refurbishers used to meet the individual recycling and reuse
24 goals set forth in this Act shall, at a minimum, comply with
25 the standards set forth under subsection (d) of Section 50 of
26 this Act.

 

 

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1     (h) By August 15, 2009, television manufacturers shall
2 submit to the Agency, in the form and manner required by the
3 Agency, a report that contains the total weight of televisions
4 sold under each of the manufacturer's brands to individuals at
5 retail in this State, as set forth in the reports to
6 manufacturers by retailers under subsection (c) of Section 40.
7     (i) No later than September 1, 2010, television
8 manufacturers must submit to the Agency, in the form and manner
9 required by the Agency, a report for the period January 1, 2010
10 through June 30, 2010 that contains the following information:
11         (1) the total weight of televisions sold under each of
12     the manufacturer's brands to individuals at retail in this
13     State, as set forth in the reports submitted under
14     subsection (d) of Section 40; and
15         (2) the total weight of computers, the total weight of
16     computer monitors, the total weight of televisions, and the
17     total weight of EEDs recycled or processed for reuse.
18     (j) By August 15, 2010, computer and computer monitor
19 manufacturers shall submit to the Agency, on forms and in a
20 format prescribed by the Agency, a report for the period
21 January 1, 2010 through June 30, 2010, that contains the total
22 weight of computers, the total weight of computer monitors, the
23 total weight of televisions, and the total weight of EEDs,
24 recycled or processed for reuse.
25     (k) No later than April 1 of program years 2011 and
26 thereafter, television manufacturers shall submit to the

 

 

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1 Agency, in the form and manner required by the Agency, a report
2 that contains the following information for the previous
3 program year:
4         (1) the total weight of televisions sold under each of
5     the manufacturer's brands to individuals at retail in this
6     State, as set forth in the reports submitted under
7     subsection (e) of Section 40;
8         (2) the total weight of computers, the total weight of
9     computer monitors, the total weight of televisions, and the
10     total weight of EEDs recycled or processed for reuse;
11         (3) the identification of all weights that are adjusted
12     under subsection (d) of this Section. For all weights
13     adjusted under item (2) of subsection (d), the manufacturer
14     must include copies of the written confirmation required
15     under that subsection;
16         (4) a list of each recycler, refurbisher, and collector
17     used by the manufacturer to fulfill the manufacturer's
18     individual recycling and reuse goal set forth in Section 19
19     of this Act;
20         (5) a summary of the manufacturer's consumer education
21     program required under subsection (m) of this Section.
22     (l) No later than April 1 of program years 2011 and
23 thereafter, computer and computer monitor manufacturers shall
24 submit to the Agency, on forms and in a format prescribed by
25 the Agency, a report that contains the following information
26 for the previous program year:

 

 

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1         (1) the total weight of computers, the total weight of
2     computer monitors, the total weight of televisions, and the
3     total weight of and EEDs recycled or processed for reuse;
4         (2) the identification of all weights that are adjusted
5     under subsection (d) of this Section. For all weights
6     adjusted under item (2) of subsection (d), the manufacturer
7     must include copies of the written confirmation required
8     under that subsection;
9         (3) a list of each recycler, refurbisher, and collector
10     used by the manufacturer to fulfill the manufacturer's
11     individual recycling and reuse goal set forth in subsection
12     (c) of Section 15 of this Act; and
13         (4) a summary of the manufacturer's consumer education
14     program required under subsection (m) of this Section.
15     (m) Manufacturers must develop and maintain a consumer
16 education program that complements and corresponds to the
17 primary retailer-driven campaign required under Section 40 of
18 this Act. The education program shall promote the recycling of
19 electronic products and proper end-of-life management of the
20 products by consumers.
21     (n) Beginning January 1 2010, no manufacturer may sell a
22 computer, computer monitor, or television in this State unless
23 the manufacturer is registered with the State as required under
24 this Act, has paid the required registration fee, and is
25 otherwise in compliance with the provisions of this Act.
26     (o) Beginning January 1, 2010, no manufacturer may sell a

 

 

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1 computer, computer monitor, or television in this State unless
2 the manufacturer's brand name is permanently affixed to, and is
3 readily visible on, the computer, computer monitor, or
4 television.
 
5     Section 40. Retailer responsibilities.
6     (a) Retailers shall be a primary source of information
7 about end-of-life options to residential consumers of
8 computers, computer monitors, and televisions. At the time of
9 sale, the retailer shall provide each residential consumer with
10 information from the Agency's website that provides
11 information detailing where and how a consumer can recycle a
12 CED or return a CED for reuse.
13     (b) Beginning January 1, 2010, no retailer may sell or
14 offer for sale any computer, computer monitor, or television in
15 or for delivery into this State unless:
16         (1) the computer, computer monitor, or television is
17     labeled with a brand and the label is permanently affixed
18     and readily visible; and
19         (2) the manufacturer is registered with the Agency and
20     has paid the required registration fee as required under
21     Section 20 of this Act.
22 This subsection (b) does not apply to any compter, computer
23 monitor, or television that was purchased prior to January 1,
24 2010.
25     (c) By July 1, 2009, retailers shall report to each

 

 

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1 television manufacturer, by model, the number of televisions
2 sold at retail to individuals in this State under each of the
3 manufacturer's brands during the 6-month period from October 1,
4 2008 through March 31, 2009.
5     (d) By August 1, 2010, retailers shall report to each
6 television manufacturer, by model, the number of televisions
7 sold at retail to individuals in this State under each of the
8 manufacturer's brands between January 1, 2010 and June 30,
9 2010.
10     (e) No later than February 15 of each program year,
11 retailers shall report to each television manufacturer, by
12 model, the number of televisions sold at retail to individuals
13 in this State under each of the manufacturer's brands during
14 the previous program year.
 
15     Section 50. Recycler and refurbisher registration.
16     (a) Prior to January 1 of each program year, each recycler
17 and refurbisher must register with the Agency and submit a
18 registration fee pursuant to subsection (b) for that program
19 year. Registration must be on forms and in a format prescribed
20 by the Agency and shall include, but not be limited to, the
21 address of each location where the recycler or refurbisher
22 manages CEDs or EEDs and identification of each location at
23 which the recycler or refurbisher accepts CEDs or EEDs from a
24 residence.
25     (b) The registration fee for program year 2010 is $2,000.

 

 

09500SB2313sam001 - 30 - LRB095 19031 BDD 47899 a

1 For program years 2011 and thereafter, the registration fee is
2 increased each year by an inflation factor determined by the
3 annual Implicit Price Deflator for Gross National Product as
4 published by the U.S. Department of Commerce in its Survey of
5 Current Business. The inflation factor must be calculated each
6 year by dividing the latest published annual Implicit Price
7 Deflator for Gross National Product by the annual Implicit
8 Price Deflator for Gross National Product for the previous
9 year. The inflation factor must be rounded to the nearest
10 1/100th, and the resulting registration fee must be rounded to
11 the nearest whole dollar. No later than October 1 of each
12 program year, the Agency shall post on its website the
13 registration fee for the next program year.
14     (c) No person may act as a recycler or a refurbisher of
15 CEDs for a manufacturer obligated to meet goals under this Act
16 unless the recycler or refurbisher is registered and has paid
17 the registration fee as required under this Section.
18     (d) Recyclers and refurbishers must, at a minimum, comply
19 with all of the following:
20         (1) Recyclers and refurbishers must comply with
21     federal, State, and local laws and regulations, including
22     federal and State minimum wage laws, specifically relevant
23     to the handling, processing, refurbishing and recycling of
24     residential CEDs and must have proper authorization by all
25     appropriate governing authorities to perform the handling,
26     processing, refurbishment, and recycling.

 

 

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1         (2) Recyclers and refurbishers must implement the
2     appropriate measures to safeguard occupational and
3     environmental health and safety, through the following:
4             (A) environmental health and safety training of
5         personnel, including training with regard to material
6         and equipment handling, worker exposure, controlling
7         releases, and safety and emergency procedures;
8             (B) an up-to-date, written plan for the
9         identification and management of hazardous materials;
10         and
11             (C) an up-to-date, written plan for reporting and
12         responding to exceptional pollutant releases,
13         including emergencies such as accidents, spills,
14         fires, and explosions.
15         (3) Recyclers and refurbishers must maintain (i)
16     commercial general liability insurance or the equivalent
17     corporate guarantee for accidents and other emergencies
18     with limits of not less than $1,000,000 per occurrence and
19     $1,000,000 aggregate and (ii) pollution legal liability
20     insurance with limits not less than $1,000,000 per
21     occurrence for companies engaged solely in the dismantling
22     activities and $5,000,000 per occurrence for companies
23     engaged in recycling.
24         (4) Recyclers and refurbishers must maintain on file
25     documentation that demonstrates the completion of an
26     environmental-health-and-safety audit completed and

 

 

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1     certified by a competent internal and external auditor
2     annually. A competent auditor is an individual who, through
3     professional training or work experience, is appropriately
4     qualified to evaluate the environmental health and safety
5     conditions, practices, and procedures of the facility.
6     Documentation of auditors' qualifications must be
7     available for inspection by Agency officials and
8     third-party auditors.
9         (5) Recyclers and refurbishers must maintain on file
10     proof of workers' compensation and employers' liability
11     insurance.
12         (6) Recyclers and refurbishers must provide adequate
13     assurance (such as bonds or corporate guarantee) to cover
14     environmental and other costs of the closure of the
15     recycler or refurbisher's facility, including cleanup of
16     stockpiled equipment and materials.
17         (7) Recyclers and refurbishers must apply
18     due-diligence principles to the selection of facilities to
19     which components and materials (such as plastics, metals,
20     and circuit boards) from CEDs and EEDs are sent for reuse
21     and recycling.
22         (8) Recyclers and refurbishers must establish a
23     documented environmental management system that is
24     appropriate in level of detail and documentation to the
25     scale and function of the facility, including documented
26     regular self-audits or inspections of the recycler or

 

 

09500SB2313sam001 - 33 - LRB095 19031 BDD 47899 a

1     refurbisher's environmental compliance at the facility.
2         (9) Recyclers and refurbishers must use the
3     appropriate equipment for the proper processing of
4     incoming materials as well as controlling environmental
5     releases to the environment. The dismantling operations
6     and storage of CED and EED components that contain
7     hazardous substances must be conducted indoors and over
8     impervious floors. Storage areas must be adequate to hold
9     all processed and unprocessed inventory. When heat is used
10     to soften solder and when CED and EED components are
11     shredded, operations must be designed to control indoor and
12     outdoor hazardous air emissions.
13         (10) Recyclers and refurbishers must establish a
14     system for identifying and properly managing components
15     (such as circuit boards, batteries, CRTs, and mercury
16     phosphor lamps) that are removed from CEDs and EEDs during
17     disassembly. Recyclers and refurbishers must properly
18     manage all hazardous and other components requiring
19     special handling from CEDs and EEDs consistent with
20     federal, State, and local laws and regulations. Recyclers
21     and refurbishers must provide visible tracking (such as
22     hazardous waste manifests or bills of lading) of hazardous
23     components and materials from the facility to the
24     destination facilities and documentation (such as
25     contracts) stating how the destination facility processes
26     the materials received. No recycler or refurbisher may

 

 

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1     send, either directly or through intermediaries, hazardous
2     wastes to solid waste (non-hazardous waste) landfills or to
3     non-hazardous waste incinerators for disposal or energy
4     recovery. For the purpose of these guidelines, smelting of
5     hazardous wastes to recover metals for reuse in conformance
6     with all applicable laws and regulations is not considered
7     disposal or energy recovery.
8         (11) Recyclers and refurbishers must use a regularly
9     implemented and documented monitoring and record keeping
10     program that tracks inbound CED and EED material weights
11     (total) and subsequent outbound weights (total to each
12     destination), injury and illness rates, and compliance
13     with applicable permit parameters including monitoring of
14     effluents and emissions. Recyclers and refurbishers must
15     maintain contracts or other documents, such as sales
16     receipts, suitable to demonstrate: (i) the reasonable
17     expectation that there is a downstream market or uses for
18     designated electronics (which may include recycling or
19     reclamation processes such as smelting to recover metals
20     for reuse); and (ii) that any residuals from recycling and
21     or reclamation processes are properly handled and managed
22     to maximize reuse and recycling of materials to the extent
23     practical.
24         (12) Recyclers and refurbishers must comply with
25     federal and international law and agreements regarding the
26     export of used products or materials. In the case of

 

 

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1     exports of CEDs and EEDs, recyclers and refurbishers must
2     comply with applicable requirements of the U.S. and of the
3     import and transit countries and must maintain proper
4     business records documenting its compliance. No recycler
5     or refurbisher may establish or use intermediaries for the
6     purpose of circumventing these U.S. import and transit
7     country requirements.
8         (13) Recyclers and refurbishers that conduct
9     transactions involving the transboundary shipment of used
10     CEDs and EEDs shall use contracts (or the equivalent
11     commercial arrangements) made in advance that detail the
12     quantity and nature of the materials to be shipped. For the
13     export of materials to a foreign country (directly or
14     indirectly through downstream market contractors): (i) the
15     shipment of intact televisions and computer monitors
16     destined for reuse must include only whole products that
17     are tested and certified as being in working order or
18     requiring only minor repair (e.g. not requiring the
19     replacement of circuit boards or CRTs), must be destined
20     for reuse with respect to the original purpose, and the
21     recipient must have verified a market for the sale or
22     donation of such product for reuse; (ii) the shipments of
23     CEDs and EEDs for material recovery must be prepared in a
24     manner for recycling, including, without limitation,
25     smelting where metals will be recovered, plastics recovery
26     and glass-to-glass recycling; or (iii) the shipment of CEDs

 

 

09500SB2313sam001 - 36 - LRB095 19031 BDD 47899 a

1     and EEDs are being exported to companies or facilities that
2     are owned or controlled by the original equipment
3     manufacturer.
4         (14) Recyclers and refurbishers must maintain the
5     following export records for each shipment on file for a
6     minimum of 3 years: (i) the facility name and the address
7     to which shipment is exported; (ii) the shipment contents
8     and volumes; (iii) the intended use of contents by the
9     destination facility; (iv) any specification required by
10     the destination facility in relation to shipment contents;
11     (v) an assurance that all shipments for export, as
12     applicable to the CED manufacturer, are legal and satisfy
13     all applicable laws of the destination country.
14         (15) Recyclers and refurbishers must employ
15     industry-accepted procedures for the destruction or
16     sanitization of data on hard drives and other data storage
17     devices. Acceptable guidelines for the destruction or
18     sanitization of data are contained in the National
19     Institute of Standards and Technology's Guidelines for
20     Media Sanitation or those guidelines certified by the
21     National Association for Information Destruction;
22         (16) No recycler or refurbisher may employ prison labor
23     in any operation related to the collection,
24     transportation, recycling, and refurbishment of CEDs and
25     EEDs. No recycler or refurbisher may employ any third-party
26     that uses or subcontracts for the use of prison labor.
 

 

 

09500SB2313sam001 - 37 - LRB095 19031 BDD 47899 a

1     Section 55. Collector responsibilities.
2     (a) No later than January 1 of each program year,
3 collectors that collect or receive CEDs or EEDs for one or more
4 manufacturers, recyclers, or refurbishers shall register with
5 the Agency. Registration must be in the form and manner
6 required by the Agency and must include, without limitation,
7 the address of each location where CEDs or EEDs are received
8 and the identification of each location at which the collector
9 accepts CEDs or EEDs from a residence.
10     (b) Manufacturers, recyclers, refurbishers also acting as
11 collectors shall so indicate on their registration under
12 Section 30 or 50 and not register separately as collectors.
13     (c) No later than August 15, 2010, collectors must submit
14 to the Agency, on forms and in a format prescribed by the
15 Agency, a report for the period from January 1, 2010 through
16 June 30, 2010 that contains the following information: the
17 total weight of computers, the total weight of computer
18 monitors, the total weight of televisions, and the total weight
19 of EEDs collected or received for each manufacturer.
20     (d) No later than May 1 of each program year, collectors
21 must submit to the Agency, on forms and in a format prescribed
22 by the Agency, a report that contains the following information
23 for the previous program year:
24         (1) the total weight of computers, the total weight of
25     computer monitors, the total weight of televisions, and the

 

 

09500SB2313sam001 - 38 - LRB095 19031 BDD 47899 a

1     total weight of EEDs collected or received for each
2     manufacturer during the program year.
3         (2) a list of each recycler and refurbisher that
4     received CEDs and EEDs from the collector and the total
5     weight each recycler and refurbisher received.
6         (3) the address of each collector's facility where the
7     CEDs and EEDs were collected or received. Each facility
8     address must include the county in which the facility is
9     located.
10     (e) Collectors may accept no more than 10 CEDs or EEDs at
11 one time from individual members of the public and, when
12 scheduling collection events, shall provide no fewer than 30
13 days' notice to the county waste agency of those events.
 
14     Section 60. Collection strategy for underserved counties.
15     (a) For program year 2010, all counties in this State
16 except the following are considered underserved: Champaign,
17 Clay, Clinton, Cook, DuPage, Fulton, Hancock, Henry, Jackson,
18 Kane, Kendall, Knox, Lake, Livingston, Macoupin, McDonough,
19 McHenry, McLean, Mercer, Peoria, Rock Island, St. Clair,
20 Sangamon, Shuyler, Stevenson, Warren, Will, Williamson, and
21 Winnebago.
22     (b) For program years 2011 and later, underserved counties
23 shall be counties in this State that, during the program year 2
24 years prior, were not served by a minimum of one collection
25 site that (i) accepted all types of CEDs and EEDs and (ii) was

 

 

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1 open for a minimum of 8 hours on at least one day per month of
2 that program year. For the purposes of this subsection (b),
3 2009 shall be considered to have been a program year, and for
4 the program year 2012 the determination of whether a county is
5 underserved shall be based on the criteria of this subsection
6 (b) instead of the county's inclusion in the list set forth in
7 subsection (a) of this Section.
 
8     Section 65. State government procurement.
9     (a) The Department of Central Management Services shall
10 ensure that all bid specifications and contracts for the
11 purchase or lease of desktop computers, laptop or notebook
12 computers, and computer monitors by State agencies under a
13 statewide master contract require that the electronic products
14 have a Bronze performance tier or higher registration under the
15 Electronic Product Environmental Assessment Tool ("EPEAT")
16 operated by the Green Electronics Council.
17     (b) The Department of Central Management Services shall
18 ensure that bid specifications and contracts for the purchase
19 or lease of televisions by State agencies under a statewide
20 master contract require that the televisions have a Bronze
21 performance tier or higher registration under EPEAT if the
22 Department determines that there are an adequate number of the
23 televisions registered under EPEAT to provide a sufficiently
24 competitive-bidding environment.
25     (c) This Section applies to bid specifications issued, and

 

 

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1 contracts entered into, on or after January 1, 2010.
 
2     Section 70. Relation to federal law. Following the adoption
3 of a federal law or regulation that establishes mandated
4 recycling goals for CEDs that equal or exceed the goals set
5 forth in this Act, the Agency shall notify the General Assembly
6 of the federal law or regulation and recommend the repeal of
7 this Act.
 
8     Section 75. Severability. The provisions of this Act are
9 severable under Section 1.31 of the Statute on Statutes.
 
10     Section 80. Penalties.
11     (a) Except as otherwise provided in this Act, any person
12 who violates any provision of this Act or fails to perform any
13 duty under this Act is liable for a civil penalty not to exceed
14 $1,000 for the violation and an additional civil penalty not to
15 exceed $1,000 for each day the violation continues and is
16 liable for a civil penalty not to exceed $5,000 for a second or
17 subsequent violation and an additional civil penalty not to
18 exceed $1,000 for each day the second or subsequent violation
19 continues.
20     (b) A manufacturer that is not registered with the Agency
21 as required under this Act, or that has not paid the
22 registration fee as required under this Act, is liable for a
23 civil penalty not to exceed $10,000 for the violation and an

 

 

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1 additional civil penalty not to exceed $10,000 for each day the
2 violation continues.
3     (c) A manufacturer in violation of subsection (d) of
4 Section 30 of this Act in program year 2012 or thereafter is
5 liable for a civil penalty equal to the following:
6         (1) if the total weight of CEDs and EEDs recycled or
7     processed for reuse by the manufacturer equals or exceeds
8     90% of the manufacturer's individual recycling or reuse
9     goal set forth in Section 19 of this Act, the penalty is
10     equal to the product of: (i) $0.60 per pound; multiplied by
11     (ii) the difference between the manufacturer's individual
12     recycling or reuse goal and the total weight of CEDs and
13     EEDs recycled or processed for reuse by the manufacturer
14     during the program year;
15         (2) if the total weight of CEDs and EEDs recycled or
16     processed for reuse by the manufacturer equals or exceeds
17     80% of the manufacturer's individual recycling or reuse
18     goal set forth in Section 19 of this Act, but does not
19     equal or exceed 90% of the goal, the penalty is equal to
20     the product of: (i) $0.70 per pound; multiplied by (ii) the
21     difference between the manufacturer's individual recycling
22     or reuse goal and the total weight of CEDs and EEDs
23     recycled or processed for reuse by the manufacturer during
24     the program year;
25         (3) if the total weight of CEDs and EEDs recycled or
26     processed for reuse by the manufacturer is less than 80% of

 

 

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1     the manufacturer's individual recycling or reuse goal set
2     forth in Section 19 of this Act, the penalty is equal to
3     the product of: (i) $0.80 per pound; multiplied by (ii) the
4     difference between the manufacturer's individual recycling
5     or reuse goal and the total weight of CEDs and EEDs
6     recycled or processed for reuse by the manufacturer during
7     the program year.
8     (d) Beginning January 1, 2010, a manufacturer in violation
9 of subsection (e), (h), (i), (j), (k), or (l) of Section 30 is
10 liable for a civil penalty not to exceed $5,000 for the
11 violation and an additional civil penalty not to exceed $10,000
12 for each day the violation continues.
13     (e) Any person in violation of Section 50 of this Act is
14 liable for a civil penalty not to exceed $5,000 for the
15 violation and an additional civil penalty not to exceed $10,000
16 for each day the violation continues.
17     (f) A knowing violation of subsections (a) and (c) of
18 Section 95 of this Act is a petty offense punishable by a fine
19 of $100.
20     (g) The penalties provided for in this Act may be recovered
21 in a civil action brought by the Attorney General on behalf of
22 the Agency and the People of the State of Illinois, or by the
23 State's Attorney of the county in which the violation occurred.
24 Without limiting any other authority that may exist for the
25 awarding of attorneys' fees and costs, a court of competent
26 jurisdiction may award costs and reasonable attorneys' fees,

 

 

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1 including the reasonable costs of expert witnesses and
2 consultants, to the Attorney General or the State's Attorney in
3 a case where he or she has prevailed against a person who has
4 committed a willful, knowing, or repeated violation of this
5 Act. Any moneys collected under this Section in which the
6 Attorney General has prevailed shall be deposited into the
7 Electronic Recycling Fund, established under this Act. Any
8 moneys collected under this Section in an action in which the
9 State's Attorney has prevailed shall be retained by the county
10 in which he or she serves.
11     (h) The Attorney General or the State's Attorney of the
12 county in which the violation occurred may, at the request of
13 the Agency or on his or her own motion, institute a civil
14 action for an injunction, prohibitory or mandatory, to retrain
15 violations of this Act or to require such actions as may be
16 necessary to address violations of this Act.
17     (i) The penalties and injunctions provided in this Act are
18 in addition to any penalties, injunctions, or other relief
19 provided under any other law. Nothing in this Act bars a cause
20 of action by the State for any other penalty, injunction, or
21 relief provided by any other law.
 
22     Section 85. Electronics Recycling Fund. The Electronics
23 Recycling Fund is created as a special fund in the State
24 treasury. The Agency shall deposit all registration fees
25 received under this Act into the Fund. All amounts held in the

 

 

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1 Fund shall be invested at interest by the State Treasurer. All
2 income earned from the investments shall be deposited into the
3 Electronics Recycling Fund no less frequently than quarterly.
4 Pursuant to appropriation, all moneys in the Electronics
5 Recycling Fund may be used by the Agency for its administration
6 of this Act. Any moneys appropriated from the Electronics
7 Recycling Fund, but not obligated, shall revert to the Fund.
 
8     Section 90. Relation to other State laws. Nothing in this
9 Act affects the validity or application of any other law of
10 this State, or regulations adopted thereunder.
 
11     Section 95. Landfill ban.
12     (a) Beginning January 1, 2012, no person may knowingly
13 cause or allow the mixing of a CED, or any other computer,
14 computer monitor, or television with municipal waste that is
15 intended for disposal at a landfill.
16     (b) Beginning January 1, 2012, no person may knowingly
17 cause or allow the disposal of a CED or any other computer,
18 computer monitor, or television in a sanitary landfill.
19     (c) Beginning January 1, 2012, no person may knowingly
20 cause or allow the mixing of a CED, or any other computer,
21 computer monitor, or television with waste that is intended for
22 disposal by burning or incineration.
23     (d) Beginning January 1, 2012, no person may knowingly
24 cause or allow the burning or incineration of a CED, or any

 

 

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1 other computer, computer monitor, or television.
 
2     Section 900. The State Finance Act is amended by adding
3 Section 5.708 as follows:
 
4     (30 ILCS 105/5.708 new)
5     Sec. 5.708. The Electronics Recycling Fund.
 
6     Section 999. Effective date. This Act takes effect upon
7 becoming law.".