Full Text of SB2106 97th General Assembly
SB2106sam001 97TH GENERAL ASSEMBLY | Sen. Susan Garrett Filed: 3/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 2106
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2106 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Electronic Products Recycling and Reuse Act | 5 | | is amended by changing Sections 5, 10, 20, 30, 55, 60, and 65 | 6 | | as follows: | 7 | | (415 ILCS 150/5)
| 8 | | Sec. 5. Findings and purpose. | 9 | | (a) The General Assembly finds all of the following: | 10 | | (1) Electronic products are the fastest growing | 11 | | portion of the solid waste stream. In 2007, 3,000,000 2005, | 12 | | 2,600,000 tons of electronic products became obsolete yet | 13 | | only 14% 13% of those products were recycled. | 14 | | (2) Many electronic products contain lead, mercury, | 15 | | cadmium, hexavalent chromium, and other materials that | 16 | | pose environmental and health risks that must be managed. |
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| 1 | | (3) Many obsolete electronic products can be recycled | 2 | | or refurbished for reuse and then returned to the economic | 3 | | mainstream in the form of raw materials or products. | 4 | | (4) Electronic products contain metals, plastics, and | 5 | | leaded glass that have resale value. The reuse of these | 6 | | components conserves natural resources and energy, and the | 7 | | reuse also reduces air and water pollution and greenhouse | 8 | | gas emissions. | 9 | | (5) The A management of obsolete residential products | 10 | | is necessary to prioritize place the reuse and recycling of | 11 | | obsolete residential electronic products as the preferred | 12 | | management strategy over incineration and landfill | 13 | | disposal. | 14 | | (6) The 2010 Recycling Economic Information Study | 15 | | Update for Illinois estimates that the total economic | 16 | | impact of recycling and reusing obsolete electronic | 17 | | products resulted in the creation of nearly 8,000 jobs and | 18 | | $622 million in annual receipts. The Illinois Recycling | 19 | | Economic Information Study of 2001 estimates that the total | 20 | | economic impact of establishing statewide recycling and | 21 | | reuse programs for residential electronic products may | 22 | | result in the creation of nearly 4,000 new jobs and $740 | 23 | | million in annual receipts. | 24 | | (7) The State-appointed Computer Equipment Disposal | 25 | | and Recycling Commission issued a final report in May 2006 | 26 | | recommending legislative, regulatory, or other actions to |
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| 1 | | properly address the recycling and reuse of obsolete | 2 | | residential electronic products. | 3 | | (b) The purpose of this Act is to set forth procedures by | 4 | | which the recycling and processing for reuse of covered | 5 | | electronic devices will be accomplished in Illinois.
| 6 | | (Source: P.A. 95-959, eff. 9-17-08.) | 7 | | (415 ILCS 150/10)
| 8 | | Sec. 10. Definitions. As used in this Act: | 9 | | "Agency" means the Environmental Protection Agency. | 10 | | "Cathode-ray tube" means a vacuum tube or picture tube used | 11 | | to convert an electronic signal into a visual image, such as a | 12 | | television or computer monitor. | 13 | | "Collector" means a person who receives covered electronic | 14 | | devices or eligible electronic devices directly from a | 15 | | residence for recycling or processing for reuse. "Collector" | 16 | | includes, but is not limited to, manufacturers, recyclers, and | 17 | | refurbishers who receive CEDs or EEDs directly from the public. | 18 | | "Computer", often referred to as a "personal computer" or | 19 | | "PC", means a desktop or notebook computer as further defined | 20 | | below and used only in a residence, but does not mean an | 21 | | automated typewriter, electronic printer, mobile telephone, | 22 | | portable hand-held calculator, portable digital assistant | 23 | | (PDA), MP3 player, or other similar device. "Computer" does not | 24 | | include computer peripherals, commonly known as cables, mouse, | 25 | | or keyboard. "Computer" is further defined as either: |
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| 1 | | (1) "Desktop computer", which means an electronic, | 2 | | magnetic, optical, electrochemical, or other high-speed | 3 | | data processing device performing logical, arithmetic, or | 4 | | storage functions for general purpose needs that are met | 5 | | through interaction with a number of software programs | 6 | | contained therein, and that is not designed to exclusively | 7 | | perform a specific type of logical, arithmetic, or storage | 8 | | function or other limited or specialized application. | 9 | | Human interface with a desktop computer is achieved through | 10 | | a stand-alone keyboard, stand-alone monitor, or other | 11 | | display unit, and a stand-alone mouse or other pointing | 12 | | device, and is designed for a single user. A desktop | 13 | | computer has a main unit that is intended to be | 14 | | persistently located in a single location, often on a desk | 15 | | or on the floor. A desktop computer is not designed for | 16 | | portability and generally utilizes an external monitor, | 17 | | keyboard, and mouse with an external or internal power | 18 | | supply for a power source. Desktop computer does not | 19 | | include an automated typewriter or typesetter; or | 20 | | (2) "Notebook computer", which means an electronic, | 21 | | magnetic, optical, electrochemical, or other high-speed | 22 | | data processing device performing logical, arithmetic, or | 23 | | storage functions for general purpose needs that are met | 24 | | through interaction with a number of software programs | 25 | | contained therein, and that is not designed to exclusively | 26 | | perform a specific type of logical, arithmetic, or storage |
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| 1 | | function or other limited or specialized application. | 2 | | Human interface with a notebook computer is achieved | 3 | | through a keyboard, video display greater than 4 inches in | 4 | | size, and mouse or other pointing device, all of which are | 5 | | contained within the construction of the unit that | 6 | | comprises the notebook computer; supplemental stand-alone | 7 | | interface devices typically can also be attached to the | 8 | | notebook computer. Notebook computers can use external, | 9 | | internal, or batteries for a power source. Notebook | 10 | | computer does not include a portable hand-held calculator, | 11 | | or a portable digital assistant or similar specialized | 12 | | device. A notebook computer has an incorporated video | 13 | | display greater than 4 inches in size and can be carried as | 14 | | one unit by an individual. A notebook computer is sometimes | 15 | | referred to as a laptop computer.
| 16 | | "Computer monitor" means an electronic device that is a | 17 | | cathode-ray tube or flat panel display primarily intended to | 18 | | display information from a computer and is used only in a | 19 | | residence. | 20 | | "Covered electronic device" or "CED" means any computer, | 21 | | computer monitor, television, or printer that is taken out of | 22 | | service from a residence in this State regardless of purchase | 23 | | location. "Covered electronic device" does not include any of | 24 | | the following: | 25 | | (1) an electronic device that is a part of a motor | 26 | | vehicle or any component part of a motor vehicle assembled |
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| 1 | | by or for a vehicle manufacturer or franchised dealer, | 2 | | including replacement parts for use in a motor vehicle; | 3 | | (2) an electronic device that is functionally or | 4 | | physically part of a larger piece of equipment or that is | 5 | | taken out of service from an industrial, commercial | 6 | | (including retail), library checkout, traffic control, | 7 | | kiosk, security (other than household security), | 8 | | governmental, agricultural, or medical setting, including | 9 | | but not limited to diagnostic, monitoring, or control | 10 | | equipment; or | 11 | | (3) an electronic device that is contained within a | 12 | | clothes washer, clothes dryer, refrigerator, refrigerator | 13 | | and freezer, microwave oven, conventional oven or range, | 14 | | dishwasher, room air conditioner, dehumidifier, water | 15 | | pump, sump pump, or air purifier. | 16 | | To the extent allowed under federal and State laws and | 17 | | regulations, a CED that is being collected, recycled, or | 18 | | processed for reuse is not considered to be hazardous waste, | 19 | | household waste, solid waste, or special waste. | 20 | | "Developmentally disabled" , as defined by the Illinois | 21 | | Department of Human Services, Division of Developmental | 22 | | Disabilities Program Manual, means having mental retardation | 23 | | or a related condition. For the purposes of this Act: | 24 | | (1) "Mental retardation" means significantly | 25 | | subaverage general intellectual functioning as well as | 26 | | deficits in adaptive behavior that manifested before age |
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| 1 | | 22. A person's general intellectual functioning is | 2 | | significantly subaverage if that person has an | 3 | | intelligence quotient (IQ) of 70 or below on standardized | 4 | | measures of intelligence. This upper limit, however, may be | 5 | | extended upward depending on the reliability of the | 6 | | intelligence test used. | 7 | | (2) "Related condition" means a severe, chronic | 8 | | disability that (i) is attributable to cerebral palsy, | 9 | | epilepsy, or any other condition, other than mental | 10 | | illness, (ii) is found to be closely related to mental | 11 | | retardation because the condition results in impairment of | 12 | | general intellectual functioning or adaptive behavior | 13 | | similar to that of a person with mental retardation, and | 14 | | (iii) requires treatment or services similar to those | 15 | | required for persons with mental retardation. means having | 16 | | a severe disability, as defined by the Office of | 17 | | Rehabilitation Services of the Illinois Department of | 18 | | Human Services, that can be expected to result in death or | 19 | | that has lasted, or is expected to last, at least 12 months | 20 | | and that prevents working at a "substantial gainful | 21 | | activity" level.
| 22 | | "Dismantling" means the demanufacturing and shredding of a | 23 | | CED. | 24 | | "Eligible electronic device" or "EED" means any of the | 25 | | following electronic products taken out of service from a | 26 | | residence in this State regardless of purchase location: mobile |
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| 1 | | telephone; computer cable, mouse, or keyboard; stand-alone | 2 | | facsimile machine; MP3 player; portable digital assistant | 3 | | (PDA); video game console, video cassette recorder/player, | 4 | | digital video disk player, or similar video device; zip drive; | 5 | | or scanner. To the extent allowed under federal and state laws | 6 | | and regulations, an EED that is being collected, recycled, or | 7 | | processed for reuse is not considered to be hazardous waste, | 8 | | household waste, solid waste, or special waste. | 9 | | "Low income children and families" mean those children and | 10 | | families that are subject to the most recent version of the | 11 | | United States Department of Health and Human Services Federal | 12 | | Poverty Guidelines. | 13 | | "Manufacturer" means a person, or a successor in interest | 14 | | to a person, under whose brand or label a CED is or was sold at | 15 | | retail. For CEDs sold at retail under a brand or label that is | 16 | | licensed from a person who is a mere brand owner and who does | 17 | | not sell or produce the CED, the person who produced the CED or | 18 | | his or her successor in interest is the manufacturer. For CEDs | 19 | | sold that were at retail under the brand or label of both the | 20 | | retail seller and the person that produced the CED, the person | 21 | | that produced the CED, or his or her successor in interest, is | 22 | | the manufacturer. A retail seller of CEDs may elect to be the | 23 | | manufacturer of one or more CEDs if the retail seller provides | 24 | | written notice to the Agency that it is accepting | 25 | | responsibility as the manufacturer of the CED under this Act | 26 | | and identifies the CEDs for which it is electing to be the |
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| 1 | | manufacturer. | 2 | | "Municipal joint action agency" means a municipal joint | 3 | | action agency created under Section 3.2 of the | 4 | | Intergovernmental Cooperation Act.
| 5 | | "Orphan CEDs" means those CEDs that are returned for | 6 | | recycling, or processing for reuse, whose manufacturer cannot | 7 | | be identified, or whose manufacturer is no longer conducting | 8 | | business and has no successor in interest. | 9 | | "Person" means any individual, partnership, | 10 | | co-partnership, firm, company, limited liability company, | 11 | | corporation, association, joint stock company, trust, estate, | 12 | | political subdivision, State agency, or any other legal entity, | 13 | | or a legal representative, agent, or assign of that entity. | 14 | | "Printer" means desktop printers, multifunction printer | 15 | | copiers, and printer/fax combinations taken out of service from | 16 | | a residence that are designed to reside on a work surface, and | 17 | | include various print technologies, including without | 18 | | limitation laser and LED (electrographic), ink jet, dot matrix, | 19 | | thermal, and digital sublimation, and "multi-function" or | 20 | | "all-in-one" devices that perform different tasks, including | 21 | | without limitation copying, scanning, faxing, and printing. | 22 | | Printers do not include floor-standing printers, printers with | 23 | | optional floor stand, point of sale (POS) receipt printers, | 24 | | household printers such as a calculator with printing | 25 | | capabilities or label makers, or non-stand-alone printers that | 26 | | are embedded into products that are not CEDs. |
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| 1 | | "Processing for reuse" means any method, technique, or | 2 | | process by which CEDs or EEDs that would otherwise be disposed | 3 | | of or discarded are instead separated, processed, and returned | 4 | | to their original intended purposes or to other useful purposes | 5 | | as electronic devices. "Processing for reuse" includes the | 6 | | collection and transportation of CEDs or EEDs. | 7 | | "Program Year" means a calendar year. The first program | 8 | | year is 2010. | 9 | | "Recycler" means a person who engages in the recycling of | 10 | | CEDs or EEDs, but does not include telecommunications carriers, | 11 | | telecommunications manufacturers, or commercial mobile service | 12 | | providers with an existing recycling program. | 13 | | "Recycling" means any method, technique, or process by | 14 | | which CEDs or EEDs that would otherwise be disposed of or | 15 | | discarded are instead collected, separated, or processed and | 16 | | are returned to the economic mainstream in the form of raw | 17 | | materials or products. "Recycling" includes the collection, | 18 | | transportation, dismantling, and shredding of the CEDs or EEDs. | 19 | | "Refurbisher" means any person who processes CEDs or EEDs | 20 | | for reuse, but does not include telecommunications carriers, | 21 | | telecommunications manufacturers, or commercial mobile service | 22 | | providers with an existing recycling program. | 23 | | "Residence" means a dwelling place or home in which one or | 24 | | more individuals live. | 25 | | "Retailer" means a person who sells, rents, or leases, | 26 | | through sales outlets, catalogues, or the Internet, computers, |
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| 1 | | computer monitors, printers, or televisions at retail to | 2 | | individuals in this State. For purposes of this Act, sales to | 3 | | individuals at retail are considered to be sales for | 4 | | residential use. "Retailer" includes, but is not limited to, | 5 | | manufacturers who sell computers, computer monitors, printers, | 6 | | or televisions at retail directly to individuals in this State. | 7 | | "Sale" means any retail transfer of title for consideration | 8 | | of title including, but not limited to, transactions conducted | 9 | | through sales outlets, catalogs, or the Internet or any other | 10 | | similar electronic means but does not mean financing or | 11 | | leasing. | 12 | | "Television" means an electronic device (i) containing a | 13 | | cathode-ray tube or flat panel screen the size of which is | 14 | | greater than 4 inches when measured diagonally, (ii) that is | 15 | | intended to receive video programming via broadcast, cable, or | 16 | | satellite transmission or to receive video from surveillance or | 17 | | other similar cameras, and (iii) that is used only in a | 18 | | residence.
| 19 | | "Underserved counties" means those counties so identified | 20 | | in Section 60. | 21 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 22 | | (415 ILCS 150/20)
| 23 | | Sec. 20. Agency responsibilities. | 24 | | (a) The Agency has the authority to monitor compliance with | 25 | | this Act , enforce violations of the Act by administrative |
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| 1 | | citation, and to refer violations of this Act to the Attorney | 2 | | General. | 3 | | (b) No later than October 1 of each program year, the | 4 | | Agency shall post on its website a list of underserved counties | 5 | | in the State for the next program year. The list of underserved | 6 | | counties for program years 2010 and 2011 the first program year | 7 | | is set forth in subsection (a) of Section 60. | 8 | | (c) By July 1, 2009, the Agency shall implement a county | 9 | | and municipal government education campaign to inform those | 10 | | entities about this Act and the implications on solid waste | 11 | | collection in their localities. By January 15, 2012 and every | 12 | | January 15 thereafter, the Agency shall conduct a county and | 13 | | municipal education campaign to inform counties and | 14 | | municipalities about this Act and its implications on solid | 15 | | waste collection. By September 30, 2012 and every September | 16 | | 30th thereafter, the Agency shall post on its website: (i) a | 17 | | list of the counties and municipalities contacted during the | 18 | | program year as a result of this subsection (c), (ii) the | 19 | | manner of contact, and (iii) the date of contact. | 20 | | (c-5) By January 15, 2012 and every January 15 thereafter, | 21 | | the Agency must have, during the preceding 12 months, (i) | 22 | | produced a radio news story and a public service announcement | 23 | | about this Act and (ii) distributed the story and announcement | 24 | | statewide to public news services at least 2 times. Production | 25 | | and distribution costs associated with the story and | 26 | | announcement may be paid using a portion of the manufacturer, |
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| 1 | | recycler, and refurbisher registration fees. By September 30, | 2 | | 2012 and every September 30th thereafter, the Agency shall post | 3 | | on its website: (i) the radio story and public service | 4 | | announcement distributed under this Act for that year, (ii) the | 5 | | identity of the public news services to which the story and | 6 | | announcement were distributed, and (ii) the date the radio | 7 | | story and announcement were distributed to those new services. | 8 | | (c-6) By June 15, 2012 and December 15, 2012 and every June | 9 | | 15 and December 15 thereafter, the Agency shall post on its | 10 | | website the number of retailers that were inspected by the | 11 | | Agency to ensure compliance with subsection (a) of Section 40. | 12 | | (c-7) By December 15, 2012 and every December 15 | 13 | | thereafter, the Agency shall post on its website: (i) the | 14 | | mailing address for each collector that collected CEDs during | 15 | | the program year and (ii) the quantity in pounds of each CED | 16 | | collected at the collection event or collection site during the | 17 | | program year. | 18 | | (d) By July 1, 2011 for the first program year, and by | 19 | | January 31 April 1 for all subsequent program years, the Agency | 20 | | shall report to the Governor and to the General Assembly | 21 | | annually on the previous program year's performance. The report | 22 | | must be posted on the Agency's website. The report must | 23 | | include, but not be limited to, the following: | 24 | | (1) the total overall weight of CEDs, as well as the | 25 | | sub-total weight of computers, the sub-total weight of | 26 | | computer monitors, the sub-total weight of printers, the |
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| 1 | | sub-total weight of televisions, and the total weight of | 2 | | EEDs that were recycled or processed for reuse in the State | 3 | | during the program year, as reported by manufacturers and | 4 | | collectors under Sections 30 and 55; | 5 | | (2) a listing of all collection sites as set forth | 6 | | under subsection (e) of Section 55; | 7 | | (3) a statement showing the total weight of CEDs and | 8 | | EEDs collected, recycled, and processed for reuse by the | 9 | | manufacturers pursuant to Section 30, the total weight of | 10 | | CEDs and EEDs collected by the collectors pursuant to | 11 | | Section 55, of the manufacturers' progress toward | 12 | | achieving the statewide recycling goal set forth in Section | 13 | | 15 (calculated from the manufacturer reports pursuant to | 14 | | Section 30 and the collector reports pursuant to Section | 15 | | 55) and any identified State actions that may help expand | 16 | | collection opportunities to help manufacturers achieve the | 17 | | statewide recycling goal; | 18 | | (4) a listing of all entities or persons to any | 19 | | manufacturers whom the Agency issued an administrative | 20 | | citation or with respect to which the Agency made a | 21 | | referral for enforcement referred to the Attorney | 22 | | General's Office for enforcement as a result of a violation | 23 | | of this Act; | 24 | | (5) a discussion of the Agency's education and outreach | 25 | | activities as set forth in subsections (c) and (c-5) of | 26 | | this Section ; and |
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| 1 | | (6) a discussion of the penalties, if any, incurred by | 2 | | manufacturers for failure to achieve recycling goals, and a | 3 | | recommendation to the General Assembly of any necessary or | 4 | | appropriate changes to the manufacturers' statewide | 5 | | recycling goals, manufacturer's recycling goals , or | 6 | | penalty provisions included in this Act. | 7 | | (e) The Agency shall post on its website (1) a list of | 8 | | manufacturers that have paid the current year's registration | 9 | | fee as set forth in Section 30(b) and (2) a list of registered | 10 | | collectors to whom Illinois residents can bring CEDs and EEDs | 11 | | for recycling or processing for reuse . For each registered | 12 | | collector, the Agency shall also post the locations of the | 13 | | registered collector's collection sites; the URL for the | 14 | | collector's website; and the collector's business phone | 15 | | number , including links to the collectors' websites and the | 16 | | collectors' phone numbers . | 17 | | (f) In program years 2012, 2013, and 2014, and at its | 18 | | discretion thereafter, the Agency shall convene and host an | 19 | | Electronic Products Recycling Conference. The Agency may host | 20 | | the conferences alone or with other public entities or with | 21 | | organizations associated with electronic products recycling. | 22 | | (g) No later than October 1 of each program year, the | 23 | | Agency must post on its website the following information for | 24 | | the next program year: | 25 | | (1) The overall statewide recycling and reuse goal for | 26 | | CEDs, as well as the sub-goals for televisions, and |
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| 1 | | computers, computer monitors, and printers as set forth in | 2 | | Section 15. | 3 | | (2) The market shares of television manufacturers and | 4 | | the return shares of computer, computer monitor, and | 5 | | printer manufacturers, as set forth in Section 18 . , and | 6 | | (3) The individual recycling and reuse goals for each | 7 | | manufacturer, as set forth in Section 19. | 8 | | (4) The individual recycling and reuse goals for each | 9 | | manufacturer, as set forth in subsection (c) of Section 15. | 10 | | (5) The total statewide recycling goal for that program | 11 | | year, as determined by adding together each individual | 12 | | manufacturer's goal for that year. | 13 | | (h) By April 1, 2011, and by April 1 of all subsequent | 14 | | years, the Agency shall recognize those manufacturers that have | 15 | | met or exceeded their recycling or reuse goals for the previous | 16 | | program year. Such recognition shall be the awarding to all | 17 | | such manufacturers of an Electronic Industry Recycling Award, | 18 | | which shall be recognized on the Agency website and other media | 19 | | as appropriate. | 20 | | (i) By March 1, 2011, and by March 1 of each subsequent | 21 | | year, the Agency shall post on its website a list of registered | 22 | | manufacturers that have not met their annual recycling and | 23 | | reuse goal for the previous program year.
| 24 | | (j) By July 1, 2012, the Agency shall solicit written | 25 | | comments regarding all aspects of the program codified in this | 26 | | Act, for the purpose of determining if the program requires any |
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| 1 | | modifications. | 2 | | (1) Issues to be reviewed by the Agency are, but not | 3 | | limited to, the following: | 4 | | (A) Sufficiency of the annual statewide recycling | 5 | | goals. | 6 | | (B) Fairness of the formulas used to determine | 7 | | individual manufacturer goals. | 8 | | (C) Adequacy of, or the need for, continuation of | 9 | | the credits outlined in Section 30(d)(1) through (3). | 10 | | (D) Any temporary recissions of county landfill | 11 | | bans granted by the Illinois Pollution Control Board | 12 | | pursuant to Section 95(e). | 13 | | (E) Adequacy of, or the need for, the penalties | 14 | | listed in Section 80 of this Act, which are scheduled | 15 | | to take effect on January 1, 2013. | 16 | | (F) Adequacy of the collection systems that have | 17 | | been implemented as a result of this Act, with a | 18 | | particular focus on promoting the most cost-effective | 19 | | and convenient collection system possible for Illinois | 20 | | residents. | 21 | | (2) By July 1, 2012, the Agency shall complete its | 22 | | review of the written comments received, as well as its own | 23 | | reports on program years 2010 and 2011. By August 1, 2012, | 24 | | the Agency shall hold a public hearing to present its | 25 | | findings and solicit additional comments. All additional | 26 | | comments shall be submitted to the Agency in writing no |
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| 1 | | later than October 1, 2012. | 2 | | (3) The Agency's final report, which shall be issued no | 3 | | later than February 1, 2013, shall be submitted to the | 4 | | Governor and the General Assembly and shall include | 5 | | specific recommendations for any necessary or appropriate | 6 | | modifications to the program.
| 7 | | (k) Any violation of this Act shall be enforceable by | 8 | | administrative citation. Whenever the Agency personnel or | 9 | | personnel of a unit of local government to which the Agency has | 10 | | delegated the authority to monitor compliance with this Act | 11 | | shall on the basis of direct observation determine that any | 12 | | person has violated any provision of this Act, the Agency or | 13 | | unit of local government may issue and serve an administrative | 14 | | citation upon that person or the entity employing the person | 15 | | within 60 days after the observed violation. Each citation | 16 | | shall be served upon the person named therein or the person's | 17 | | authorized agent for service of process and shall include the | 18 | | following: | 19 | | (1) a statement specifying the provisions of this Act | 20 | | that the person or the entity employing the person has | 21 | | violated; | 22 | | (2) a copy of the inspection report in which the Agency | 23 | | or local government recorded the violation and the date and | 24 | | time of the inspection; | 25 | | (3) the penalty imposed under Section 80; and | 26 | | (4) an affidavit by the personnel observing the |
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| 1 | | violation, attesting to their material actions and | 2 | | observations. | 3 | | (l) If the person named in the administrative citation | 4 | | fails to petition the Pollution Control Board for review within | 5 | | 35 days after the date of service, the Board shall adopt a | 6 | | final order, which shall include the administrative citation | 7 | | and findings of violation as alleged in the citation and shall | 8 | | impose the penalty specified in Section 80. | 9 | | (m) If a petition for review is filed with the Board to | 10 | | contest an administrative citation issued under Section 80 of | 11 | | this Act, the Agency or unit of local government shall appear | 12 | | as a complainant at a hearing before the Board to be conducted | 13 | | pursuant to subsection (n) of this Section at a time not less | 14 | | than 21 days after notice of the hearing has been sent by the | 15 | | Board to the Agency or unit of local government and the person | 16 | | named in the citation. In such hearings, the burden of proof | 17 | | shall be on the Agency or unit of local government. If, based | 18 | | on the record, the Board finds that the alleged violation | 19 | | occurred, it shall adopt a final order, which shall include the | 20 | | administrative citation and findings of violation as alleged in | 21 | | the citation, and shall impose the penalty specified in Section | 22 | | 80 of this Act. However, if the Board finds that the person | 23 | | appealing the citation has shown that the violation resulted | 24 | | from uncontrollable circumstances, the Board shall adopt a | 25 | | final order that makes no finding of violation and imposes no | 26 | | penalty. |
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| 1 | | (n) All hearings under this Act shall be held before a | 2 | | qualified hearing officer, who may be attended by one or more | 3 | | members of the Board, designated by the Chairman. All such | 4 | | hearings shall be open to the public, and any person may submit | 5 | | written statements to the Board in connection with the subject | 6 | | thereof. In addition, the Board may permit any person to offer | 7 | | oral testimony.
Any party to a hearing under this subsection | 8 | | may be represented by counsel, make oral or written argument, | 9 | | offer testimony, cross examine witnesses, or take any | 10 | | combination of those actions. All testimony taken before the | 11 | | Board shall be recorded stenographically. The transcript so | 12 | | recorded and any additional matter accepted for the record | 13 | | shall be open to public inspection, and copies thereof shall be | 14 | | made available to any person upon payment of the actual cost of | 15 | | reproducing the original. | 16 | | (Source: P.A. 95-959, eff. 9-17-08; 96-328, eff. 8-11-09.) | 17 | | (415 ILCS 150/30) | 18 | | Sec. 30. Manufacturer responsibilities. | 19 | | (a) Prior to April 1, 2009 for the first program year, and | 20 | | by October 1 for program year 2011 and thereafter, | 21 | | manufacturers who offer whose computers, computer monitors, | 22 | | printers, or televisions for sale are sold in this State must | 23 | | register with the Agency. The registration must be submitted in | 24 | | the form and manner required by the Agency. The registration | 25 | | must include, without limitation, all of the following: |
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| 1 | | (1) a list of all of the manufacturer's brands of | 2 | | computers, computer monitors, printers, or televisions to | 3 | | be offered for sale in the next program year; | 4 | | (2) for manufacturers of both televisions and | 5 | | computers, computer monitors, or printers, an | 6 | | identification of whether, for residential use, (i) | 7 | | televisions or (ii) computers, computer monitors, and | 8 | | printers, represent the larger number of units sold for the | 9 | | manufacturer; and | 10 | | (3) a statement disclosing whether : (A) any computer, | 11 | | computer monitor, printer, or television sold in this State | 12 | | exceeds the maximum concentration values established for | 13 | | lead, mercury, cadmium, hexavalent chromium, | 14 | | polybrominated biphenyls (PBBs), and polybrominated | 15 | | diphenyl ethers (PBDEEs) under the RoHS (restricting the | 16 | | use of certain hazardous substances in electrical and | 17 | | electronic equipment) Directive 2002/95/EC of the European | 18 | | Parliament and Council and any amendments thereto and, if | 19 | | so, an identification of that computer, computer monitor, | 20 | | printer, or television ; or (B) the manufacturer has | 21 | | received an exemption from one or more of those maximum | 22 | | concentration values under the RoHS Directive that has been | 23 | | approved and published by the European Commission . | 24 | | If, during the program year, a manufacturer's computer, | 25 | | computer monitor, printer, or television is sold or offered for | 26 | | sale in Illinois under a new brand that is not listed in the |
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| 1 | | manufacturer's registration, then, within 30 days after the | 2 | | first sale or offer for sale under the new brand, the | 3 | | manufacturer must amend its registration to add the new brand. | 4 | | (b) Prior to July 1, 2009 for the first program year, and | 5 | | by the November 1 preceding program years 2011 and later, all | 6 | | manufacturers whose computers, computer monitors, printers, or | 7 | | televisions are offered for sale sold in the State shall submit | 8 | | to the Agency, at an address prescribed by the Agency, the | 9 | | registration fee for the next program year. The registration | 10 | | fee for program years year 2010 and 2011 is $5,000. In program | 11 | | year 2012, if, during the preceding program year, a | 12 | | manufacturer sold 250 or fewer computers, computer monitors, | 13 | | printers, and televisions in the State, then the registration | 14 | | fee for that manufacturer is $1,250. In each program year after | 15 | | 2012, if, in the preceding program year, a manufacturer sold | 16 | | 250 or fewer computers, computer monitors, printers, and | 17 | | televisions in the State, then the registration fee for that | 18 | | manufacturer in that year is the fee that applied in the | 19 | | previous year to manufacturers that sold that number of items, | 20 | | increased by the applicable inflation factor as described | 21 | | below. In program year 2012, if, during the preceding program | 22 | | year, a manufacturer sold 251 or more computers, computer | 23 | | monitors, printers, and televisions in the State, then the | 24 | | registration fee for that manufacturer in that year is $5,000. | 25 | | In each program year after 2012, if, in the preceding program | 26 | | year, a manufacturer sold 251 or more computers, computer |
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| 1 | | monitors, printers, and televisions in the State, then the | 2 | | registration fee for that manufacturer in that year is the fee | 3 | | that applied in the previous year to manufacturers that sold | 4 | | that number of items, increased by the applicable inflation | 5 | | factor as described below. For program years 2013 2011 and | 6 | | later, the applicable registration fee is increased each year | 7 | | by an inflation factor determined by the annual Implicit Price | 8 | | Deflator for Gross National Product, as published by the U.S. | 9 | | Department of Commerce in its Survey of Current Business. The | 10 | | inflation factor must be calculated each year by dividing the | 11 | | latest published annual Implicit Price Deflator for Gross | 12 | | National Product by the annual Implicit Price Deflator for | 13 | | Gross National Product for the previous year. The inflation | 14 | | factor must be rounded to the nearest 1/100th, and the | 15 | | resulting registration fee must be rounded to the nearest whole | 16 | | dollar. No later than October 1 of each program year, the | 17 | | Agency shall post on its website the registration fee for the | 18 | | next program year. | 19 | | (c) A manufacturer whose computers, computer monitors, | 20 | | printers, or televisions are first sold or offered for sale in | 21 | | this State on or after January 1 of a program year must | 22 | | register with the Agency within 30 days after the first sale in | 23 | | accordance with subsection (a) of this Section and submit the | 24 | | registration fee required under subsection (b) of this Section | 25 | | prior to the manufacturer's computers, computer monitors, | 26 | | printers, or televisions being sold or offered for sale. |
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| 1 | | (d) Each manufacturer shall recycle or process for reuse | 2 | | CEDs and EEDs whose total weight equals or exceeds the | 3 | | manufacturer's individual recycling and reuse goal set forth in | 4 | | Section 19 of this Act. Individual consumers may not be charged | 5 | | an end-of-life fee when bringing their CEDs and EEDs to | 6 | | permanent or temporary collection locations, unless a | 7 | | financial incentive of equal or greater value, such as a | 8 | | coupon, is provided. Individual consumers shall not be charged | 9 | | a fee for the destruction or sanitization of data on hard | 10 | | drives and other data storage devices. Collectors may charge a | 11 | | fee for premium services such as curbside collection, home | 12 | | pick-up, or a similar method of collection. | 13 | | When determining whether a manufacturer has met or exceeded | 14 | | its individual recycling and reuse goal set forth in Section 19 | 15 | | of this Act, all of the following adjustments must be made: | 16 | | (1) The total weight of CEDs processed for reuse by the | 17 | | manufacturer, its recyclers, or its refurbishers for reuse | 18 | | is quadrupled doubled . | 19 | | (2) The total weight of CEDs is quadrupled tripled if | 20 | | they are donated for reuse by the manufacturer to a primary | 21 | | or secondary public education institution the majority of | 22 | | whose students are considered low income or | 23 | | developmentally disabled or to a not-for-profit entity | 24 | | that is established under Section 501(c)(3) of the Internal | 25 | | Revenue Code of 1986 and whose principal mission is to | 26 | | assist low-income children or families or to assist the |
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| 1 | | developmentally disabled in Illinois. This subsection | 2 | | applies only to CEDs for which the manufacturer has | 3 | | received a written confirmation that the recipient has | 4 | | accepted the donation. Copies of all written confirmations | 5 | | must be submitted in the annual report required under | 6 | | Section 30. | 7 | | (3) The total weight of CEDs collected by manufacturers | 8 | | free of charge in underserved counties is doubled. This | 9 | | subsection applies only to CEDs that are documented by | 10 | | collectors as being collected or received free of charge in | 11 | | underserved counties. This documentation must include, | 12 | | without limitation, the date and location of collection or | 13 | | receipt, the weight of the CEDs collected or received, and | 14 | | an acknowledgement by the collector that the CEDs were | 15 | | collected or received free of charge. Copies of the | 16 | | documentation must be submitted in the annual report | 17 | | required under subsection (h), (i), (j), (k), or (l) of | 18 | | Section 30. | 19 | | (4) The total weight of CEDs will be tripled if they | 20 | | are collected, recycled, or refurbished for a manufacturer | 21 | | by a not-for-profit entity the majority of whose employees | 22 | | are developmentally disabled. A manufacturer that uses a | 23 | | not-for-profit recycler or refurbisher the majority of | 24 | | whose employees are developmentally disabled shall submit | 25 | | documentation in the annual report required under Section | 26 | | 30 identifying the name, location, and length of service of |
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| 1 | | the entity that qualifies for credit under this subsection. | 2 | | (e) Manufacturers of computers, computer monitors, or | 3 | | printers, either individually or collectively, shall hire an | 4 | | independent third-party auditor to perform statistically | 5 | | significant return share samples of CEDs received by recyclers | 6 | | and refurbishers for recycling or processing for reuse. Each | 7 | | third-party auditor shall perform a return share sample of CEDs | 8 | | for at least one 8-hour period, once a quarter during the | 9 | | program year at the facility of each registered recycler and | 10 | | refurbisher under contract with the manufacturer or group of | 11 | | manufacturers that has hired the auditor. The audit shall | 12 | | contain the following data: | 13 | | (1) the number and weight of CEDs, sorted by brand name | 14 | | and product type, including a category for orphan CEDs; | 15 | | (2) the total weight of the sample by product type; | 16 | | (3) the date, location, and time of the sampling; | 17 | | (4) the name or names of the manufacturer for whom the | 18 | | recycler is performing activities under this Act; and | 19 | | (5) a certification by the third-party auditor that the | 20 | | sampling is statistically significant and, if not, an | 21 | | explanation as to what occurred to render the sampling | 22 | | insignificant. | 23 | | The manufacturer shall notify the Agency 30 days prior to | 24 | | the third-party auditor's return share sampling by providing | 25 | | the Agency with the time and date on which the third-party | 26 | | auditor will perform the return share sample. The Agency may, |
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| 1 | | at its discretion, be present at any sampling event and may | 2 | | audit the methodology and the results of the third-party | 3 | | auditor. | 4 | | No less than 30 days after the close of each calendar | 5 | | quarter, the manufacturer shall submit to the Agency the | 6 | | results of the third-party samplings conducted during the | 7 | | quarter. The results shall be submitted in the form and manner | 8 | | required by the Agency. | 9 | | (f) Manufacturers shall ensure that only recyclers and | 10 | | refurbishers that have registered with the Agency are used to | 11 | | meet the individual recycling and reuse goals set forth in this | 12 | | Act. | 13 | | (g) Manufacturers shall ensure that the recyclers and | 14 | | refurbishers used to meet the individual recycling and reuse | 15 | | goals set forth in this Act shall, at a minimum, comply with | 16 | | the standards set forth under subsection (d) of Section 50 of | 17 | | this Act. By November 1, 2011 and every November 1 thereafter, | 18 | | manufacturers shall submit a document, as prescribed by the | 19 | | Agency, listing each registered recycler and refurbisher that | 20 | | will be used to meet the manufacturer's annual CED recycling | 21 | | and reuse goal and certifying that those recyclers or | 22 | | refurbishers comply with the standards set forth in subsection | 23 | | (d) of Section 50. | 24 | | (h) By August 15, 2009, television manufacturers shall | 25 | | submit to the Agency, in the form and manner required by the | 26 | | Agency, a report that contains the total weight of televisions |
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| 1 | | sold under each of the manufacturer's brands to individuals at | 2 | | retail in this State, as set forth in the reports to | 3 | | manufacturers by retailers under subsection (c) of Section 40. | 4 | | (i) No later than September 1, 2010, television | 5 | | manufacturers must submit to the Agency, in the form and manner | 6 | | required by the Agency, a report for the period January 1, 2010 | 7 | | through June 30, 2010 that contains both of the following: | 8 | | (1) The total weight of televisions sold under each of | 9 | | the manufacturer's brands to individuals at retail in this | 10 | | State, from one of the following 2 sources, with the | 11 | | manufacturer indicating in the report which of the 2 data | 12 | | sources was used, and, if a national sales data report was | 13 | | used, the name of the national sales data source: | 14 | | (A) the manufacturer's own sales reports; or | 15 | | (B) national sales data reports obtained by the | 16 | | manufacturer and pro-rated to Illinois by multiplying | 17 | | the weight of the manufacturer's televisions sold | 18 | | nationally by the quotient that results from dividing | 19 | | the population of Illinois by the population of the | 20 | | United States. The population of Illinois and the | 21 | | United States shall be obtained using the most recent | 22 | | U.S. census data. | 23 | | (2) The total weight of computers, the total weight of | 24 | | computer monitors, the total weight of printers, the total | 25 | | weight of televisions, and the total weight of EEDs | 26 | | recycled or processed for reuse. |
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| 1 | | (j) By August 15, 2010, computer, computer monitor, and | 2 | | printer manufacturers shall submit to the Agency, on forms and | 3 | | in a format prescribed by the Agency, a report for the period | 4 | | January 1, 2010 through June 30, 2010 that contains the total | 5 | | weight of computers, the total weight of computer monitors, the | 6 | | total weight of printers, the total weight of televisions, and | 7 | | the total weight of EEDs, recycled or processed for reuse. | 8 | | (k) No later than April 1 of program years 2011 and | 9 | | thereafter, television manufacturers shall submit to the | 10 | | Agency, in the form and manner required by the Agency, a report | 11 | | that contains all of the following information for the previous | 12 | | program year: | 13 | | (1) The total weight of televisions sold under each of | 14 | | the manufacturer's brands to individuals at retail in this | 15 | | State, from one of the following 2 sources, with the | 16 | | manufacturer indicating in the report which of the two data | 17 | | sources was used, and, if a national sales data report was | 18 | | used, the name of the national sales data source: | 19 | | (a) the manufacturer's own sales reports; or | 20 | | (b) national sales data reports obtained by the | 21 | | manufacturer and pro-rated to Illinois by multiplying | 22 | | the weight of the manufacturer's televisions sold | 23 | | nationally by the quotient that results from dividing | 24 | | the population of Illinois by the population of the | 25 | | United States. The population of Illinois and the | 26 | | United States shall be obtained using the most recent |
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| 1 | | U.S. census data. | 2 | | (2) The total weight of computers, the total weight of | 3 | | computer monitors, the total weight of printers, the total | 4 | | weight of televisions, and the total weight of EEDs | 5 | | recycled or processed for reuse. | 6 | | (3) The identification of all weights that are adjusted | 7 | | under subsection (d) of this Section. For all weights | 8 | | adjusted under item (2) of subsection (d), the manufacturer | 9 | | must include copies of the written confirmation required | 10 | | under that subsection. | 11 | | (4) A list of each recycler, refurbisher, and collector | 12 | | used by the manufacturer to fulfill the manufacturer's | 13 | | individual recycling and reuse goal set forth in Section 19 | 14 | | of this Act. | 15 | | (5) A summary of the manufacturer's consumer education | 16 | | program required under subsection (m) of this Section. | 17 | | (l) On or before January 31, 2013 and on or before every | 18 | | January 31 No later than April 1 of program years 2011 and | 19 | | thereafter, computer, computer monitor, and printer , and | 20 | | television manufacturers shall submit to the Agency, on forms | 21 | | and in a format prescribed by the Agency, a report that | 22 | | contains all of the following information for the previous | 23 | | program year: | 24 | | (1) The the total weight of computers, the total weight | 25 | | of computer monitors, the total weight of printers, the | 26 | | total weight of televisions, and the total weight of EEDs |
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| 1 | | recycled or processed for reuse . ; | 2 | | (2) The the identification of all weights that are | 3 | | adjusted under subsection (d) of this Section. For all | 4 | | weights adjusted under item (2) of subsection (d), the | 5 | | manufacturer must include copies of the written | 6 | | confirmation required under that subsection . ; | 7 | | (3) A a list of each recycler, refurbisher, and | 8 | | collector used by the manufacturer to fulfill the | 9 | | manufacturer's individual recycling and reuse goal set | 10 | | forth in subsection (c) of Section 15 of this Act . ; and | 11 | | (4) A a summary of the manufacturer's consumer | 12 | | education program required under subsection (m) of this | 13 | | Section. | 14 | | (m) Manufacturers must develop and maintain a consumer | 15 | | education program that complements and corresponds to the | 16 | | primary retailer-driven campaign required under Section 40 of | 17 | | this Act. The education program shall promote the recycling of | 18 | | electronic products and proper end-of-life management of the | 19 | | products by consumers. | 20 | | (n) Beginning January 1 2010, no manufacturer may sell a | 21 | | computer, computer monitor, printer, or television in this | 22 | | State unless the manufacturer is registered with the State as | 23 | | required under this Act, has paid the required registration | 24 | | fee, and is otherwise in compliance with the provisions of this | 25 | | Act. | 26 | | (o) Beginning January 1, 2010, no manufacturer may sell a |
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| 1 | | computer, computer monitor, printer, or television in this | 2 | | State unless the manufacturer's brand name is permanently | 3 | | affixed to, and is readily visible on, the computer, computer | 4 | | monitor, printer, or television. | 5 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 6 | | (415 ILCS 150/55)
| 7 | | Sec. 55. Collector responsibilities. | 8 | | (a) No later than January 1 of each program year, | 9 | | collectors that collect or receive CEDs or EEDs for one or more | 10 | | manufacturers, recyclers, or refurbishers shall register with | 11 | | the Agency. Registration must be in the form and manner | 12 | | required by the Agency and must include, without limitation, | 13 | | the address of each location where CEDs or EEDs are received | 14 | | and the identification of each location at which the collector | 15 | | accepts CEDs or EEDs from a residence. | 16 | | (b) Manufacturers, recyclers, refurbishers also acting as | 17 | | collectors shall so indicate on their registration under | 18 | | Section 30 or 50 and not register separately as collectors. | 19 | | (c) No later than August 15, 2010, collectors must submit | 20 | | to the Agency, on forms and in a format prescribed by the | 21 | | Agency, a report for the period from January 1, 2010 through | 22 | | June 30, 2010 that contains the following information: the | 23 | | total weight of computers, the total weight of computer | 24 | | monitors, the total weight of printers, the total weight of | 25 | | televisions, and the total weight of EEDs collected or received |
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| 1 | | for each manufacturer. | 2 | | (d) By January 31 No later than May 1 of each program year, | 3 | | collectors must submit to the Agency, on forms and in a format | 4 | | prescribed by the Agency, a report that contains the following | 5 | | information for the previous program year: | 6 | | (1) The the total weight of computers, the total weight | 7 | | of computer monitors, the total weight of printers, the | 8 | | total weight of televisions, and the total weight of EEDs | 9 | | collected or received for each manufacturer during the | 10 | | previous program year. | 11 | | (2) A a list of each recycler and refurbisher that | 12 | | received CEDs and EEDs from the collector and the total | 13 | | weight each recycler and refurbisher received. | 14 | | (3) The the address of each collector's facility where | 15 | | the CEDs and EEDs were collected or received. Each facility | 16 | | address must include the county in which the facility is | 17 | | located. | 18 | | (e) Collectors may accept no more than 10 CEDs or EEDs at | 19 | | one time from individual members of the public and, when | 20 | | scheduling collection events, shall provide no fewer than 30 | 21 | | days' notice to the county waste agency of those events.
| 22 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 23 | | (415 ILCS 150/60)
| 24 | | Sec. 60. Collection strategy for underserved counties. | 25 | | (a) For program year 2010 and 2011 , all counties in this |
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| 1 | | State except the following are considered underserved: | 2 | | Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock, | 3 | | Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston, | 4 | | Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock | 5 | | Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren, | 6 | | Will, Williamson, and Winnebago. | 7 | | (b) For program year 2012 and each program year thereafter, | 8 | | "underserved counties" means those counties within the State of | 9 | | Illinois with a population density of not more than than 190 | 10 | | persons per square mile, based on the most recent U.S. Census | 11 | | data. For program years 2011 and later, underserved counties | 12 | | shall be counties in this State that, during the program year 2 | 13 | | years prior, were not served by a minimum of one collection | 14 | | site that (i) accepted all types of CEDs and EEDs and (ii) was | 15 | | open for a minimum of 8 hours on at least one day per month of | 16 | | that program year. For the purposes of this subsection (b), | 17 | | 2009 shall be considered to have been a program year, and for | 18 | | the program year 2012 the determination of whether a county is | 19 | | underserved shall be based on the criteria of this subsection | 20 | | (b) instead of the county's inclusion in the list set forth in | 21 | | subsection (a) of this Section.
| 22 | | (Source: P.A. 95-959, eff. 9-17-08.) | 23 | | (415 ILCS 150/65)
| 24 | | Sec. 65. State government procurement. | 25 | | (a) The Department of Central Management Services shall |
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| 1 | | ensure that all bid specifications and contracts for the | 2 | | purchase or lease of desktop computers, laptop or notebook | 3 | | computers, and computer monitors, by State agencies under a | 4 | | statewide master contract require that the electronic products | 5 | | have a Bronze performance tier or higher registration under the | 6 | | Electronic Product Environmental Assessment Tool ("EPEAT") | 7 | | operated by the Green Electronics Council. | 8 | | (b) The Department of Central Management Services shall | 9 | | ensure that bid specifications and contracts for the purchase | 10 | | or lease of televisions and printers by State agencies under a | 11 | | statewide master contract require that the printers or | 12 | | televisions have a Bronze performance tier or higher | 13 | | registration under EPEAT if the Department determines that | 14 | | there are an adequate number of the televisions or printers | 15 | | registered under EPEAT to provide a sufficiently competitive | 16 | | bidding environment. | 17 | | (c) This Section applies to bid specifications issued, and | 18 | | contracts entered into, on or after January 1, 2010.
| 19 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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