Illinois General Assembly - Full Text of HB4356
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Full Text of HB4356  102nd General Assembly


Rep. Robyn Gabel

Filed: 2/17/2022





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2    AMENDMENT NO. ______. Amend House Bill 4356 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Carpet Stewardship Act.
6    Section 5. Findings and purpose. The General Assembly
7finds that:
8        (1) Based on data contained in the Illinois Commodity
9    Waste Generation and Characterization Study, commissioned
10    in 2014 by the Illinois Department of Commerce and
11    Economic Opportunity, approximately 229,000 tons of carpet
12    and carpet padding are landfilled each year, 1.5% of the
13    total waste landfilled in this State.
14        (2) Old carpet and padding are currently being
15    recovered in this State at a carpet recovery rate
16    estimated to be less than 1%, compared to a 29% carpet



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1    recovery rate for the second quarter in 2021 in
2    California, which has enacted Extended Producer
3    Responsibility legislation for carpet.
4        (3) Carpet recovery can be significantly expanded by
5    utilizing an Extended Producer Responsibility approach
6    which will lead to job creation through the collection,
7    processing, and marketing of old carpet and padding. In
8    California, this approach has created approximately 150
9    direct jobs.
10        (4) According to the U.S. Environmental Protection
11    Agency, the carpet recovery of old carpet has a positive
12    impact on the reduction of greenhouse gases when compared
13    to the landfilling or incineration of old carpet, which
14    increases the generation of greenhouse gases.
15        (5) Due to the detrimental environmental impacts of
16    improper management of old carpet and padding at the end
17    of its intended use, it is the purpose of this Act to
18    utilize a market share liability approach to recover the
19    funding necessary to implement the clearinghouse program
20    required by this Act.
21    Section 10. Definitions. In this Act:
22    "Agency" means the Illinois Environmental Protection
24    "Artificial turf" means artificial or synthetic turf used
25for sports playing surfaces.



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1    "Blended carpet" means carpet with a nonuniform face
2fiber, which is manufactured with multiple polymer types,
3fiber types, or both, in the face of the constructed material.
4    "Brand" means a name, symbol, word, or mark that
5identifies the carpet, rather than its components, and
6attributes the product to the owner or licensee of the brand as
7the producer.
8    "Carpet" means a manufactured article that is (i) used in
9commercial buildings, single or multifamily residential
10buildings, or sports playing surfaces, (ii) affixed or placed
11on the floor or building walking surface as a decorative or
12functional building interior or exterior feature, and (iii)
13primarily constructed of a top visible surface of synthetic
14face fibers or yarns or tufts attached to a backing system
15derived from synthetic or natural materials. "Carpet"
16includes, but is not limited to, a commercial or residential
17broadloom carpet, modular carpet tiles, and artificial turf.
18"Carpet" includes a pad or underlayment used in conjunction
19with a carpet. "Carpet" does not include handmade rugs, area
20rugs, or mats.
21    "Carpet recovery" means the process by which old carpet is
22collected, processed, and returned to the economic mainstream
23in the form of raw materials or products. "Carpet recovery" is
24further defined to include only those pounds of old carpet
25that are an output of a processor destined for an end market or
26carpet reutilization and is not meant to mean the gross input



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1pounds of old carpet accepted by a processor. "Carpet
2recovery" does not include energy recovery or energy
3generation by means of combusting old carpet, and it does not
4include any disposal or use of old carpet within the permitted
5boundaries of a municipal solid waste landfill unit.
6    "Carpet recovery rate" means the percentage of old carpet
7that is an output of a processor destined for carpet recovery
8or reutilization and is computed by dividing the amount of old
9carpet that is an output of a processor destined for carpet
10recovery or reutilization by the total amount of old carpet
11that is generated over a program year. To determine the annual
12carpet recovery rates required by this Act the amount of old
13carpet generated shall be calculated using an industry
14standard calculation based on annual sales, replacement rate,
15and the average weight of carpet.
16    "Carpet reutilization" means donating or selling an old
17carpet back into the market for its original intended use,
18when the old carpet retains its original purpose and
19performance characteristics.
20    "Carpet stewardship program" means a statewide program for
21the collection of old carpet and environmentally sound
22management of old carpet that is funded by producers and
23established and operated by the clearinghouse.
24    "Clearinghouse" means the entity incorporated as a
25nonprofit within the meaning of 26 U.S.C. 501 representing
26carpet producers, and other designated representatives who are



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1cooperating with one another to collectively establish and
2operate a carpet recovery and carpet reutilization program for
3old carpet for the purpose of complying with this Act.
4    "Clearinghouse plan" means a single, detailed plan
5prepared by the clearinghouse that includes all the
6information required by this Act.
7    "Clearinghouse program" means a statewide program for the
8collection of old carpet and environmentally sound management
9of old carpet that is financed by producers and established
10and operated by the clearinghouse.
11    "Collection" means any method of consolidating and
12temporarily storing old carpet.
13    "Collection site" means a site managed by a
14clearinghouse-approved collector to collect and temporarily
15store old carpet as provided by this Act.
16    "Collector" means any public or private entity approved by
17the clearinghouse that provides old carpet collection
19    "Comptroller" means the Comptroller of the State of
21    "Consumer" means any person who makes a purchase at
23    "Distributor" or "wholesaler" means a person who buys or
24otherwise acquires carpet from another source and sells or
25offers to sell that carpet to retailers in this State.
26    "Installer" means any person or entity contracted for the



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1purpose of installing flooring where old carpet is removed.
2    "Nylon carpet" means carpet made with a uniform face fiber
3made with either nylon 6 or nylon 6,6.
4    "Old carpet" means carpet that is no longer used for its
5manufactured purpose.
6    "Person" means any individual, partnership, copartnership,
7firm, company, corporation, association, joint stock company,
8trust, estate, political subdivision, State agency, or any
9other legal entity, or their legal representative, agent, or
11    "PET carpet" means carpet made from polyethylene
13    "Polypropylene carpet" means carpet made from
15    "Processor" means a public or private entity approved by
16the clearinghouse to prepare old carpet for reutilization,
17recovery, or disposal that uses industry recognized processes,
18such as shredding, grinding, shearing, depolymerization, or
19other methods recognized by the clearinghouse, to convert old
20carpet into finished recovered output ready to be used as an
21input material for secondary products.
22    "Producer" means a person who manufactures carpet that is
23sold, offered for sale, or distributed in this State. Producer
24includes any person who imports carpet into the United States
25that is sold, offered for sale, or distributed in this State
26and that is manufactured by a person who does not manufacture



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1the carpet in the United States. "Producer" does not include a
2retailer that trademarks or brands carpet that is sold,
3offered for sale, or distributed in this State that is
4manufactured by a person other than the retailer.
5    "Program year" means a calendar year. The first program
6year is 2024.
7    "PTT carpet" means carpet made from polytrimethylene
9    "Retailer" means any person engaged in the business of
10making sales at retail that generate occupation or use tax
11revenue. "Retailer" does not include a distributor, producer,
12or wholesaler, as those terms are defined in this Section.
13    "Roll-off dumpster" means a waste container that holds at
14least 40 cubic yards of waste.
15    "Sale" or "sell" means a transfer of title to carpet for
16consideration, including a remote sale conducted through a
17sales outlet, catalog, website, or similar electronic means.
18"Sale" or "sell" includes a lease through which carpet is
19provided to a consumer by a producer, distributor, or
21    "Semitrailer" means any vehicle without motive power,
22other than a pole trailer, designed for carrying persons or
23property and for being drawn by a motor vehicle and so
24constructed that some part of its weight and that of its load
25rests upon or is carried by another vehicle.
26    "Sorter" means a public or private entity approved by the



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1clearinghouse that performs the sorting of old carpet for
2third-party carpet recovery or carpet reutilization.
3    "Sorting" means the method used for sorting old carpet
4into its various backing types or fiber types for carpet
5recovery or carpet reutilization.
6    "Wool carpet" means carpet made from wool.
7    Section 15. Formation, duties, and powers of the
9    (a) Within 60 days after the effective date of this Act,
10the Director of the Agency shall appoint the following members
11to the clearinghouse, which shall be incorporated as a
12nonprofit, to administer and implement the carpet stewardship
13program, and the Director of the Agency shall appoint members
14that reflect the racial and gender diversity of this State:
15        (1) one individual who is a representative of a
16    statewide association representing retailers;
17        (2) two individuals who are representatives of carpet
18    producers;
19        (3) one individual who is a representative of a
20    national association representing manufacturers of carpet;
21        (4) two individuals who are representatives of carpet
22    processors;
23        (5) two individuals who are representatives of a
24    statewide association representing waste disposal
25    companies;



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1        (6) two individuals who are representatives of
2    environmental organizations;
3        (7) two individuals who are representatives of county
4    or municipal joint action agency waste management
5    programs;
6        (8) one individual who is a representative of a
7    company that utilizes old carpet to manufacture a new
8    product, not including new carpet; and
9        (9) one individual who is a representative of an
10    association representing installers of carpet.
11    (b) Members of the clearinghouse shall serve without
12compensation but shall be reimbursed for travel expenses and
13any other contingent expenses related to the formation of the
14clearinghouse as a legal and functioning entity as part of the
15budget for the clearinghouse program approved in the
16clearinghouse plan. Members shall serve on the clearinghouse
17until a successor is appointed and qualified.
18    (c) The clearinghouse's duties include, but are not
19limited to:
20        (1) selection of a Chairperson, Vice-Chairperson,
21    Secretary, and Treasurer, the creation of bylaws, and
22    organizing itself into committees to implement this Act;
23        (2) incorporating itself as a 501c(3) nonprofit
24    organization and establishing financial accounts for use
25    by the clearinghouse under this Act;
26        (3) preparing the clearinghouse plan, and any required



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1    amendments, in compliance with this Act;
2        (4) implementing the clearinghouse plan;
3        (5) submitting to the Agency in the clearinghouse plan
4    a funding mechanism that will generate sufficient funds to
5    implement the clearinghouse plan and meet the performance
6    goals established in paragraph (12) of subsection (a) of
7    Section 25; in determining the level of funding necessary
8    the clearinghouse may take into account program costs in
9    other jurisdictions' approved carpet stewardship plans,
10    annual reports, audits, and other information;
11        (6) approving collectors, sorters, and processors to
12    provide services under this Act;
13        (7) creating and administering a grant program to
14    assist in covering the costs to collect, process, or
15    market old carpet for carpet reutilization or carpet
16    recovery;
17        (8) being responsible for meeting the performance
18    goals specified by this Act;
19        (9) submitting annual program reports as required by
20    this Act;
21        (10) overseeing an annual audit conducted by a
22    third-party entity of the carpet stewardship program's
23    revenues and expenditures, and reporting those findings to
24    the Comptroller; and
25        (11) holding meetings that are open to the public with
26    reasonable notice of the meeting made publicly available.



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1    (d) The clearinghouse shall hire a director and necessary
2staff within 150 days after the effective date of this Act,
3which shall be funded as part of the budget for the
4clearinghouse program approved in the clearinghouse plan.
5    Section 20. Carpet stewardship program and sale
7    (a) For all carpet sold in this State, the clearinghouse
8shall implement, and producers shall finance, a statewide
9carpet stewardship program that: manages carpet by reducing
10its waste generation; promotes its carpet recovery and carpet
11reutilization; and provides for negotiation and execution of
12agreements to collect, transport, process, or market the old
13carpet for end-of-life carpet recovery or carpet
15    (b) On and after January 1, 2023, a producer or
16distributor may not offer for sale any carpet to any person in
17this State unless the producer has registered with the
18clearinghouse and has provided its share of funding, on an
19annual basis, necessary to implement the clearinghouse plan as
20approved by the Agency pursuant to Section 45 and is subject to
21penalties under Section 70.
22    Section 25. Clearinghouse plan.
23    (a) By July 1, 2023 and by July 1 every 3 years thereafter,
24beginning with program year 2024, the clearinghouse shall



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1submit a 3-year plan to the Agency and receive approval of the
2plan. The clearinghouse plan shall include, at a minimum, each
3of the following:
4        (1) Certification that the carpet stewardship program
5    will accept for collection all old carpet, regardless of
6    type or which producer manufactured the product and its
7    individual components.
8        (2) Contact information for each individual
9    representing the clearinghouse, designation of a program
10    manager responsible for administering the program in this
11    State, a list of all producers participating in the carpet
12    stewardship program, and the brands covered by the product
13    stewardship program.
14        (3) A description of the methods by which old carpet
15    will be collected in this State, including an explanation
16    of how the collection system will achieve a convenience
17    standard of having collection sites in all counties with a
18    population density of greater than or equal to 100
19    individuals per square mile in this State by January 1,
20    2024 for program year 2024, and all counties with a
21    population density of greater than or equal to 50
22    individuals per square mile for program year 2025 and
23    thereafter.
24        (4) An evaluation, beginning with the second 3-year
25    plan submitted by July 1, 2026, of the feasibility and
26    cost of expanding the convenience standard to at least one



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1    collection site in every county in the State.
2        (5) A description of how the adequacy of the
3    collection program will be monitored, evaluated, and
4    maintained.
5        (6) The names and locations of collectors, sorters,
6    and processors who have been approved by the clearinghouse
7    to manage old carpet.
8        (7) A description of how the old carpet and the
9    products' components will be safely and securely
10    transported, tracked, and handled from collection through
11    final carpet recovery and processing.
12        (8) A description of the methods to be used to
13    reutilize, deconstruct, or recover old carpet to ensure
14    that the products' components, to the extent feasible, are
15    transformed or remanufactured into finished products for
16    use.
17        (9) A description of the methods to be used to manage
18    or dispose of old carpet that cannot be carpet recovered
19    or carpet reutilized.
20        (10) A description of the promotion and outreach
21    activities and proposed budget that will be used to
22    encourage participation in the collection and carpet
23    recovery programs and how the activities' effectiveness
24    will be evaluated and the program modified, if necessary.
25        (11) Certification that any person who may be involved
26    in collection, handling, or disposal operations possesses



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1    adequate insurance, as determined by the clearinghouse,
2    including, but not limited to, workers compensation and
3    liability coverage.
4        (12) A 3-year rolling performance goal, including an
5    estimate of the percentage of old carpet that will be
6    collected, carpet reutilized, and carpet recovered during
7    each of the next 3 years of the stewardship plan, with a
8    minimum goal of achieving a 25% carpet recovery rate by
9    December 31, 2026. The performance goals shall include a
10    specific goal for the amount of old carpet that will be
11    collected, carpet recovered, and carpet reutilized during
12    each year of the plan.
13        The clearinghouse shall achieve a carpet recovery rate
14    goal of 50% by December 31, 2029 for the 3-year plan period
15    beginning January 1, 2027. Thereafter, the clearinghouse
16    shall establish a carpet recovery rate goal for each
17    subsequent 3-year plan period by March 1 of the calendar
18    year preceding the first year of that 3-year plan period.
19        (13) A discussion of the status of end markets for old
20    carpet and what, if any, additional end markets are needed
21    to improve the functioning of the program.
22        (14) A discussion of carpet design and manufacturing
23    changes that the producers are considering or have
24    implemented in order to reduce toxicity, water use, or
25    energy use associated with the production of carpet and
26    efforts to increase the recoverable content,



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1    recoverability, or carpet longevity.
2        (15) A funding mechanism that demonstrates sufficient
3    producer funding to carry out the plan, including the
4    administrative, operational, and capital costs of
5    implementing the plan, and payment of incentive payments
6    to carpet collectors, processors, and end use markets to
7    assist with the implementation of this Act.
8        (16) Annual budgets showing revenue and expenditure
9    projections for the current program year and projected for
10    the next 2 years of the program.
11        (17) A process by which the financial activities of
12    the clearinghouse that are related to the implementation
13    of the plan shall be subject to an annual independent
14    audit, conducted by a third party, which shall be reviewed
15    by the Comptroller.
16        (18) A description of an educational program and
17    materials that shall be implemented and used to train
18    operators of collection sites on how to properly collect
19    old carpet and reduce contamination. At no time shall a
20    collection site be subject to a fine or extra charge for
21    contamination by either the clearinghouse or a carpet
22    processor. However, collection sites that continue to ship
23    contaminated old carpet to processors may be removed from
24    the stewardship program by the clearinghouse.
25        (19) Baseline information, for the most current year
26    for which data is available, on the amount of square feet



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1    and pounds of carpet sold in this State, by type of polymer
2    or nonpolymer material used to make the carpet.
3        (20) A discussion of the feasibility, cost, and
4    effectiveness of labeling the backside of new carpet with
5    the polymer type or nonpolymer material used to
6    manufacture the carpet to assist processors in more easily
7    identifying the type of old carpet collected for
8    processing.
9        (21) A description of the program that shall be
10    implemented to train carpet installers on how to properly
11    manage old carpet so that it can be carpet reutilized or
12    carpet recovered under this Act, including, but not
13    limited to, the development of videos and written
14    materials regarding the carpet recovery program.
15    (b) An update to the plan shall be submitted, at a minimum,
16every 3 years, or if the clearinghouse determines that a plan
17update is needed, prior to the minimum of once every 3 years.
18    (c) If the clearinghouse determines that any proposed
19significant changes or modifications to the plan or its
20implementation are needed, within 30 days of that
21determination the clearinghouse shall submit to the Agency a
22written plan update for review and approval in accordance with
23Section 30.
24    Section 30. Review and approval of the clearinghouse plan
25and plan updates.



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1    (a) After receipt of a proposed plan or plan update, the
2Agency shall determine whether the plan or plan update
3complies with Section 25. If the Agency determines that the
4plan or plan update complies with Section 25, the Agency shall
5notify the clearinghouse of the plan or plan update approval
6in writing within 90 days of receipt of the plan or plan
7update. If the Agency determines that the plan or plan update
8does not comply with Section 25, the Agency shall notify the
9clearinghouse of the plan or plan update rejection in writing
10within 90 days of receipt of the plan or plan update and
11include the reasons why the plan or plan update does not comply
12with Section 25. The clearinghouse shall submit a revised plan
13to the Agency within 60 days after receiving a notice of
14rejection. Any proposed changes to a plan or plan update must
15be reviewed and approved by the Agency in accordance with this
16subsection (a).
17    (b) The clearinghouse plan and plan updates approved by
18the Agency shall be placed on the Agency's website and made
19available at the Agency's headquarters for public review in
20accordance with the Freedom of Information Act.
21    Section 32. Implementation of clearinghouse plan. The
22clearinghouse shall implement the clearinghouse plan
23components under subsection (a) of Section 25 upon approval of
24the clearinghouse plan or plan update by the Agency under
25Section 30. The clearinghouse shall monitor the implementation



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1of the clearinghouse plan and shall have the authority to
2require specific action by its director and staff to meet the
3clearinghouse plan implementation requirements under this
5    Section 36. Collection of old carpet.
6    (a) No later than June 1, 2024, in any county with a
7population of greater than 200,000 people, any installer
8engaged in removing old carpet from a residence or business
9shall transport, or contract to transport, all old carpet to a
10clearinghouse-approved old carpet collection site as defined
11in Section 10.
12    (b) Approved carpet collection sites as defined in Section
1310 shall ensure that old carpet is collected in the prescribed
14conditions required by the clearinghouse plan. The conditions
15must also include, but are not limited to, the following
17        (1) Old carpet must be kept in a location that allows
18    it to remain dry at all times.
19        (2) Containers holding collected old carpet must be
20    free of all noncarpet discarded waste items.
21        (3) Prior to shipment to a processor, containers
22    holding discarded carpet must be filled to the following
23    minimum standards:
24            (A) Roll-off dumpsters shall be filled to a
25        minimum of 8 tons.



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1            (B) Semitrailers shall be filled to a minimum of
2        13 tons.
3        (4) Approved collection sites must permit an approved
4    processor's prescribed container to be housed on site for
5    loading by the collector for pickup at the collection
6    site.
7    (c) Any approved collection site that has collected old
8carpet as prescribed by the clearinghouse plan and whose full
9container volume is not removed by a registered processor upon
103-business day's electronic notice to the processor stating
11that collected old carpet is ready for removal may dispose of
12that container's contents in a landfill.
13    Section 37. Economic support for approved carpet
14collection sites. The clearinghouse program shall pay approved
15old carpet collection sites for costs, services, and
16infrastructure improvements as follows:
17        (1) Reimbursement for reasonable costs, as
18    pre-approved by the clearinghouse, to adapt sites for old
19    carpet collection as required by this Act, including, but
20    not limited to, one-time costs for constructing the needed
21    structure to make the collection of carpet safe and
22    convenient, and to ensure adequate room to maneuver old
23    carpet collection equipment in such a manner so as to not
24    disrupt the normal flow of activity at the collection
25    site.



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1        (2) A recovery fee equivalent to $20 per ton for all
2    old carpet collected that is subject to this Act and
3    loaded into trailers at the collector's site in accordance
4    with subsection (b) of Section 36.
5        (3) Approved carpet collection sites located at waste
6    transfer or waste disposal facilities permitted by the
7    Agency may, at their discretion, charge the generator of
8    such discarded carpet customary and proprietary collection
9    and disposal fees.
10        (4) Approved carpet collection sites may not charge a
11    processor any fee for removal of carpet discarded from the
12    collection site location.
13        (5) Economic support for approved carpet collectors
14    under this Section shall be reviewed by the clearinghouse
15    every 3 years as clearinghouse plans are submitted to the
16    Agency.
17    Section 40. State action antitrust exemption. Each
18producer and the clearinghouse shall be immune from liability
19for any claim of violation of antitrust law or unfair trade
20practice if the conduct is a violation of antitrust law, to the
21extent the producer or clearinghouse is exercising authority
22under the provisions of this Act.
23    Section 45. Requirements applicable to producers.
24    (a) On and after January 1, 2023, producers of carpet



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1shall provide funding to the clearinghouse sufficient to cover
2the administrative costs of establishing the clearinghouse in
3calendar year 2023 and annually thereafter to cover the costs
4of developing and implementing the clearinghouse plan. The
5funding mechanism:
6        (1) shall take into account the financial burden that
7    blended carpet, nylon carpet, PET carpet, polypropylene
8    carpet, and wool carpet have on the clearinghouse program
9    costs;
10        (2) shall be differentiated by the type of material,
11    recycling cost, recycling content, and other qualities
12    related to toxicity, resource use, and recyclability;
13        (3) shall ensure an equitable and efficient allocation
14    of financial responsibility among producers;
15        (4) shall be at a level sufficient to cover the annual
16    costs of the clearinghouse program, as reported to the
17    Agency in the clearinghouse plan, and based on program
18    metrics and outcomes; if the Agency determines the level
19    of funding from the producers is not sufficient to cover
20    the annual costs of the clearinghouse program, the Agency
21    may request additional funding from the clearinghouse; and
22        (5) shall not charge:
23            (A) a specific point-of-sale fee to consumers to
24        recoup the costs of the clearinghouse program; or
25            (B) an increase in the cost of carpet to recoup the
26        costs of the clearinghouse program.



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1    (b) The amount that each producer pays to fund the
2clearinghouse program on an annual basis shall be considered
3proprietary information that is privileged or confidential and
4shall not be disclosed to the clearinghouse or the public.
5However, in order to determine if each producer is paying its
6proper share, an independent professional accounting firm
7shall be hired by the clearinghouse to review the payments and
8verify that the funding provided by each producer is in
9compliance with the funding mechanism agreed to by the
11    (c) Producers, working with the clearinghouse, shall
12provide consumers with educational materials regarding the
13clearinghouse program. The materials shall include information
14regarding available end-of-life management options for old
15carpet offered through the carpet stewardship program.
16    (d) Producers who sell carpet in this State shall register
17with the clearinghouse by October 1, 2023 and annually
18thereafter for as long as that producer sells carpet in this
19State. For the first year of registration, a producer shall
20pay a registration fee of $25,000 to the clearinghouse, the
21amount of which may be deducted from the producer's quarterly
22assessment due to the clearinghouse until such time that the
23producer's assessment due exceeds the total cost of the
24registration fee.
25    Section 50. Requirements applicable to retailers and



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2    (a) On and after January 1, 2023, no carpet may be sold in
3this State unless the carpet's producer has registered with
4the clearinghouse under subsection (d) of Section 45.
5    (b) Any retailer or distributor may participate, on a
6voluntary basis, as a designated collection point under a
7product stewardship program and in accordance with applicable
9    (c) No retailer or distributor shall be found to be in
10violation of this Section if, on the date the carpet was
11ordered from the producer or its agent, the producer was
12registered on the clearinghouse's website in accordance with
13this Act.
14    (d) Retailers shall provide consumers with educational
15materials, developed by producers and the clearinghouse, that
16shall include, but are not limited to, information (i)
17regarding available end-of-life management options for old
18carpet, and (ii) notifying the consumer of the importance of
19carpet recovery.
20    Section 55. Posting of information.
21    (a) Beginning March 1, 2023, and annually thereafter, the
22clearinghouse shall post on its website the list of carpet
23producers that registered with the clearinghouse, in
24accordance with subsection (d) of Section 45.
25    (b) Beginning January 1, 2024, and annually thereafter,



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1for the benefit of assisting consumers who wish to find
2collection sites for recovering carpet, the Agency shall post
3on its website the location of all collection sites identified
4to the Agency by the clearinghouse in its plans and annual
6    (c) Beginning May 1, 2025, and annually thereafter, the
7Agency shall post on its website copies of the annual reports.
8    Section 60. Annual stewardship reports.
9    (a) By April 1, 2025, and by April 1 of each year
10thereafter, the clearinghouse shall submit a report to the
11Agency that includes, for the previous program year, a
12description of the carpet stewardship program, including, but
13not limited to, the following:
14        (1) the amount of carpet sold by square feet and
15    pounds in this State during the reporting period by
16    polymer type or nonpolymer material;
17        (2) a description of the methods used to collect,
18    transport, and process old carpet in regions of this
19    State, and a listing of the persons used to collect,
20    transport, and process old carpet;
21        (3) identification of all old carpet collection sites
22    in this State and whether the requirement of paragraph (3)
23    of subsection (a) of Section 25 has been met;
24        (4) the weight of all old carpet collected and carpet
25    reutilized or carpet recovered in all regions of this



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1    State, a comparison to the performance goals and carpet
2    recovery rates established in the clearinghouse plan, and,
3    if appropriate, an explanation stating the reason or
4    reasons performance goals were not met;
5        (5) the weight of old carpet collected in this State
6    but not carpet reutilized or carpet recovered and its
7    ultimate disposition, and a comparison to the performance
8    goals in the clearinghouse plan;
9        (6) the total cost of implementing the clearinghouse
10    plan and a copy of the independent audit regarding the
11    financial activities of the clearinghouse;
12        (7) a proposed budget for implementing the
13    clearinghouse plan in the subsequent calendar year;
14        (8) an evaluation of the producers' funding mechanism
15    and its ability to properly fund the implementation of the
16    clearinghouse plan, including whether the incentive
17    payments to collectors, processors, and end markets for
18    managing carpet are adequate to ensure that the old carpet
19    can be carpet reutilized or carpet recovered under the
20    program;
21        (9) identification of the facilities processing
22    carpet, the weight processed at each facility, and each
23    facility's processing capacity;
24        (10) an evaluation of the effectiveness of the
25    clearinghouse plan, and anticipated steps, if needed, to
26    improve performance;



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1        (11) a discussion of progress made toward achieving
2    carpet design changes according to paragraph (14) of
3    subsection (a) of Section 25; and
4        (12) samples of educational materials provided to
5    consumers and carpet installers, and an evaluation of the
6    effectiveness of the materials and the methods used to
7    disseminate the materials. The evaluation shall include,
8    but shall not be limited to, information on the number of
9    consumers and carpet installers that received or viewed
10    the educational materials, and any consumer and carpet
11    installer survey data that may have been collected
12    regarding the educational materials used.
13    Section 65. Administrative fee.
14    (a) The clearinghouse shall remit to the Agency an annual
15fee of $250,000 to be used for administrative costs pursuant
16to this Act. This amount shall be included in the annual budget
17for the clearinghouse plan. The clearinghouse shall reimburse
18the Comptroller for costs related to reviewing the annual
19carpet stewardship program audits.
20    (b) The clearinghouse shall pay the Agency's
21administrative fee under subsection (a) on or before January
221, 2024, and annually thereafter. The clearinghouse shall
23reimburse the Comptroller for its costs within 60 days of
24receiving notice from the Comptroller.
25    (c) The Agency shall deposit the fees collected under this



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1Section into the Solid Waste Management Fund.
2    Section 70. Enforcement.
3    (a) On and after January 1, 2023, no producer,
4distributor, or retailer shall sell or offer for sale carpet
5to any person in this State if the producer of the carpet is
6not registered with the clearinghouse or has not remitted
7adequate funding pursuant to Section 45.
8    (b) No retailer or distributor shall be found in violation
9of the provisions of subsection (a) if, on the date the carpet
10was ordered from the producer or its agent, the producer was
11listed on the clearinghouse's website in accordance with the
12provisions of subsection (a) of Section 55.
13    (c) The Attorney General or the State's Attorney of the
14county in which the violation occurred are authorized to seek
15a civil penalty in the amount of $5,000 per day for each
16violation against any producer who violates the registration
17requirements under subsection (d) of Section 45 or who fails
18to remit the funding under Section 45.
19    (d) The Attorney General or the State's Attorney of the
20county in which the violation occurred are authorized to seek
21a civil penalty in the amount of $5,000 per day for each
22violation against any producer, distributor, or retailer who
23sells or offers for sale carpet to any person in this State if
24the producer of the carpet is not registered with the
25clearinghouse under subsection (d) of Section 45 or has not



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1remitted the required funding under Section 45.
2    (e) The penalties provided for in this Section may be
3recovered in a civil action. Any penalties collected under
4this Section in an action in which the Attorney General has
5prevailed shall be deposited in the Environmental Protection
6Trust Fund, to be used in accordance with the provisions of the
7Environmental Protection Trust Fund Act.
8    (f) The State's Attorney of the county in which the
9violation occurred, or the Attorney General, may, at the
10request of the Agency or on his or her own motion, institute a
11civil action for an injunction, prohibitory or mandatory, to
12restrain violations of this Act or to require such other
13actions as may be necessary to address violations of this Act.
14    (g) The State's Attorney of the county in which the
15violation occurred, or the Attorney General, may, at the
16request of the Agency or on his or her own motion, institute a
17civil action for an injunction, prohibitory or mandatory, to
18restrain violations of this Act, any rule or regulation
19adopted under this Act, any permit or to require such other
20actions as may be necessary to address violations of this Act
21or any rule or regulation adopted under this Act.
22    (h) Nothing in this Act prohibits a retailer or
23distributor from selling their inventory of carpet existing
24prior to January 1, 2023.
25    (i) Nothing in this Act mandates or otherwise requires and
26nothing in the clearinghouse plan shall mandate or otherwise



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1require participation of the waste disposal industry in the
2carpet stewardship program created by this Act.
3    Section 75. State procurement of carpet. Beginning on
4January 1, 2025, at least 35% of carpet purchased by State
5agencies shall be carpet with a minimum of 10% post-consumer
6recovered content by weight from old carpet and comply with
7the National Science Foundation/American National Standards
8Institute (NSF/ANSI) 140-2009 Standard, Platinum Level or the
9most current version in effect as provided by the American
10National Standards Institute. The carpet shall be purchased
11from a carpet producer with a third-party certified closed
12loop recovering facility. Thereafter, those purchases shall
13increase by a rate of 10% per year until it reaches 75%. Prior
14to January 1, 2025, the clearinghouse shall provide a report
15to the Illinois Department of Central Management Services on
16the other types of products that contain reutilized carpet as
17a feedstock that the State should consider purchasing.
18    Section 97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".