Full Text of SB1091 102nd General Assembly
SB1091sam001 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/16/2021
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| 1 | | AMENDMENT TO SENATE BILL 1091
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1091 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Carpet Stewardship Act. | 6 | | Section 5. Findings and purpose. The General Assembly | 7 | | finds 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 | | recycled in this State at a carpet recycling rate | 16 | | estimated to be less than 1%, compared to a 19% carpet |
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| 1 | | recycling rate for 2019 in California, which has enacted | 2 | | Extended Producer Responsibility legislation for carpet. | 3 | | (3) Carpet recycling can be significantly expanded by | 4 | | utilizing an Extended Producer Responsibility approach | 5 | | which will lead to job creation through the collection, | 6 | | processing, and marketing of old carpet and padding. In | 7 | | California, this approach has created approximately 150 | 8 | | direct jobs. | 9 | | (4) According to the U.S. Environmental Protection | 10 | | Agency, the carpet recycling of old carpet has a positive | 11 | | impact on the reduction of greenhouse gases when compared | 12 | | to the landfilling or incineration of old carpet, which | 13 | | increases the generation of greenhouse gases. | 14 | | Section 10. Definitions. In this Act: | 15 | | "Agency" means the Illinois Environmental Protection | 16 | | Agency. | 17 | | "Blended carpet" means carpet with a nonuniform face | 18 | | fiber, which is manufactured with multiple polymer types, | 19 | | fiber types, or both, in the face of the constructed material. | 20 | | "Brand" means a name, symbol, word, or mark that | 21 | | identifies the carpet, rather than its components, and | 22 | | attributes the product to the owner or licensee of the brand as | 23 | | the producer. | 24 | | "Carpet" means a manufactured article that is (i) used in | 25 | | commercial buildings or single or multifamily residential |
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| 1 | | buildings, (ii) affixed or placed on the floor or building | 2 | | walking surface as a decorative or functional building | 3 | | interior or exterior feature, and (iii) primarily constructed | 4 | | of a top visible surface of synthetic face fibers or yarns or | 5 | | tufts attached to a backing system derived from synthetic or | 6 | | natural materials. "Carpet" includes, but is not limited to, a | 7 | | commercial or residential broadloom carpet, modular carpet | 8 | | tiles, and artificial turf. "Carpet" includes a pad or | 9 | | underlayment used in conjunction with a carpet. "Carpet" does | 10 | | not include handmade rugs, area rugs, or mats. | 11 | | "Carpet recycling" means the process by which old carpet | 12 | | is collected, processed, and returned to the economic | 13 | | mainstream in the form of raw materials or products. "Carpet | 14 | | recycling" is further defined to include only those pounds of | 15 | | old carpet that are an output of a recycling facility destined | 16 | | for an end market or carpet reuse and is not meant to mean the | 17 | | gross input pounds of old carpet accepted by a recycling | 18 | | facility. "Carpet recycling" does not include energy recovery | 19 | | or energy generation by means of combusting old carpet, and it | 20 | | does not include any disposal or use of old carpet within the | 21 | | permitted boundaries of a municipal solid waste landfill unit. | 22 | | "Carpet recycling rate" means the percentage of old carpet | 23 | | that is an output of a recycling facility destined for an end | 24 | | market or carpet reuse by the total amount of old carpet that | 25 | | is generated over a program year. To determine the annual | 26 | | carpet recycling rates required by this Act the amount of old |
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| 1 | | carpet generated shall be calculated using an industry | 2 | | standard calculation based on annual sales, replacement rate, | 3 | | and the average weight of carpet. | 4 | | "Carpet reuse" means donating or selling an old carpet | 5 | | back into the market for its original intended use, when the | 6 | | old carpet retains its original purpose and performance | 7 | | characteristics. | 8 | | "Clearinghouse" means the entity incorporated as a | 9 | | nonprofit within the meaning of 26 U.S.C. 501 representing | 10 | | carpet producers, and other designated representatives who are | 11 | | cooperating with one another to collectively establish and | 12 | | operate an old carpet carpet recycling and carpet reuse | 13 | | program for the purpose of complying with this Act. | 14 | | "Clearinghouse plan" means a single, detailed plan | 15 | | prepared by the clearinghouse that includes all the | 16 | | information required by this Act. | 17 | | "Collection" means any method of consolidating and | 18 | | temporarily storing old carpet. | 19 | | "Collection site" means a site managed by a | 20 | | clearinghouse-approved collector to collect and temporarily | 21 | | store old carpet as provided by this Act. | 22 | | "Collector" means any public or private entity approved by | 23 | | the clearinghouse that provides old carpet collection | 24 | | services.
| 25 | | "Comptroller" means the Comptroller of the State of | 26 | | Illinois. |
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| 1 | | "Consumer" means any person who makes a purchase at | 2 | | retail. | 3 | | "Distributor" or "wholesaler" means a person who buys or | 4 | | otherwise acquires carpet from another source and sells or | 5 | | offers to sell that carpet to retailers in this State. | 6 | | "Installer" means any person or entity contracted for the | 7 | | purpose of installing flooring where old carpet is removed. | 8 | | "Nylon carpet" means carpet made with a uniform face fiber | 9 | | made with either nylon 6 or nylon 6,6. | 10 | | "Old carpet" means carpet that is no longer used for its | 11 | | manufactured purpose. | 12 | | "Person" means any individual, partnership, | 13 | | co-partnership, firm, company, corporation, association, joint | 14 | | stock company, trust, estate, political subdivision, State | 15 | | agency, or any other legal entity, or their legal | 16 | | representative, agent, or assign. | 17 | | "PET carpet" means carpet made from polyethylene | 18 | | terephthalate. | 19 | | "Polypropylene carpet" means carpet made from | 20 | | polypropylene. | 21 | | "Processor" means a public or private entity approved by | 22 | | the clearinghouse to prepare old carpet for reuse, recycling, | 23 | | or disposal that uses industry recognized processes, such as | 24 | | shredding, grinding, sheering, depolymerization, or other | 25 | | methods recognized by the clearinghouse, to convert old carpet | 26 | | into finished recycled output ready to be used as an input |
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| 1 | | material for secondary products. | 2 | | "Producer" means a person who manufactures carpet that is | 3 | | sold, offered for sale, or distributed in this State. Producer | 4 | | includes any person who imports carpet into the United States | 5 | | that is sold, offered for sale, or distributed in this State | 6 | | and that is manufactured by a person who does not manufacture | 7 | | the carpet in the United States. "Producer" does not include a | 8 | | retailer that trademarks or brands carpet that is sold, | 9 | | offered for sale, or distributed in this State that is | 10 | | manufactured by a person other than the retailer. | 11 | | "Program year" means a calendar year. The first program | 12 | | year is 2023. | 13 | | "PTT carpet" means carpet made from polytrimethylene | 14 | | terephthalate. | 15 | | "Retailer" means any person engaged in the business of | 16 | | making sales at retail that generate occupation or use tax | 17 | | revenue. "Retailer" does not include a distributor, producer, | 18 | | or wholesaler, as those terms are defined in this Section. | 19 | | "Roll-off dumpster" means a waste container that holds at | 20 | | least 40 cubic yards of waste. | 21 | | "Sale" or "sell" means a transfer of title to carpet for | 22 | | consideration, including a remote sale conducted through a | 23 | | sales outlet, catalog, website, or similar electronic means. | 24 | | "Sale" or "sell" includes a lease through which carpet is | 25 | | provided to a consumer by a producer, distributor, or | 26 | | retailer. |
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| 1 | | "Semitrailer" means any vehicle without motive power, | 2 | | other than a pole trailer, designed for carrying persons or | 3 | | property and for being drawn by a motor vehicle and so | 4 | | constructed that some part of its weight and that of its load | 5 | | rests upon or is carried by another vehicle. | 6 | | "Sorter" means a public or private entity approved by the | 7 | | clearinghouse that performs the sorting of old carpet for | 8 | | third-party reuse.
| 9 | | "Sorting" means the method used for sorting old carpet | 10 | | into its various backing types or fiber types. | 11 | | "Stewardship assessment" means the amount added to the | 12 | | purchase price of carpet sold in this State that is necessary | 13 | | to cover the cost of collecting, transporting, processing and | 14 | | marketing old carpet by the clearinghouse pursuant to the | 15 | | clearinghouse plan, and shall not be used to pay for any fines | 16 | | or penalties levied pursuant to this Act or for the final | 17 | | disposal or incineration of old carpet. | 18 | | "Wool carpet" means carpet made from wool. | 19 | | Section 15. Formation, duties and powers of the | 20 | | Clearinghouse. | 21 | | (a) To administer the carpet stewardship program a | 22 | | clearinghouse shall be incorporated as a nonprofit, and shall | 23 | | consist of the following members, to be appointed by the | 24 | | Director of the Agency: | 25 | | (1) one individual who is a representative of a |
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| 1 | | statewide association representing retailers; | 2 | | (2) two individuals who are representatives of carpet | 3 | | producers; | 4 | | (3) one individual who is a representative of a | 5 | | national association representing manufacturers of carpet; | 6 | | (4) two individuals who are representatives of carpet | 7 | | recyclers; | 8 | | (5) two individuals who are representatives of a | 9 | | statewide association representing waste disposal | 10 | | companies; | 11 | | (6) two individuals who are representatives of | 12 | | environmental organizations; | 13 | | (7) two individuals who are representatives of county | 14 | | or municipal joint action agency waste management | 15 | | programs; | 16 | | (8) one individual who is a representative of a | 17 | | company that utilizes old carpet to manufacture a new | 18 | | product, not including new carpet; and | 19 | | (9) one individual who is a representative of an | 20 | | association representing installers of carpet. | 21 | | (b) Members of the clearinghouse shall serve without | 22 | | compensation but shall be reimbursed for travel expenses with | 23 | | proceeds from the stewardship assessment, and the Agency shall | 24 | | be responsible for monitoring these expenses. Members shall | 25 | | serve on the clearinghouse until a successor is appointed and | 26 | | qualified. |
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| 1 | | (c) The clearinghouse's duties include, but are not | 2 | | limited to: | 3 | | (1) preparing the clearinghouse plan, and any required | 4 | | amendments, in compliance with this Act; | 5 | | (2) implementing the clearinghouse plan; | 6 | | (3) approving collectors, sorters, and processors to | 7 | | provide services under this Act; | 8 | | (4) creating and administering a grant program to | 9 | | assist in subsidizing the costs to collect, process, or | 10 | | market old carpet for carpet reuse or carpet recycling; | 11 | | (5) being responsible for meeting the performance | 12 | | goals specified by this Act; | 13 | | (6) submitting annual program reports as required by | 14 | | this Act; | 15 | | (7) submitting to the Agency in the clearinghouse plan | 16 | | any increases or decreases in the stewardship assessment; | 17 | | and | 18 | | (8) overseeing an annual audit of the carpet | 19 | | stewardship program's revenues and expenditures, and | 20 | | reporting those findings to the Comptroller. | 21 | | (d) The clearinghouse may hire a director and necessary | 22 | | staff, and may organize itself into committees to implement | 23 | | this Act, which shall be funded by the stewardship assessment. | 24 | | The Agency shall monitor these expenses. | 25 | | Section 20. Carpet stewardship program and sale |
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| 1 | | requirement. | 2 | | (a) For all carpet sold in this State, the clearinghouse | 3 | | shall implement and finance a statewide carpet stewardship | 4 | | program that: manages carpet by reducing its waste generation; | 5 | | promotes its carpet recycling and carpet reuse; and provides | 6 | | for negotiation and execution of agreements to collect, | 7 | | transport, process, or market the old carpet for end-of-life | 8 | | carpet recycling or carpet reuse. | 9 | | (b) On and after January 1, 2022, a producer or | 10 | | distributor that offers carpet for sale in this State is not in | 11 | | compliance with this Act and is subject to penalties under | 12 | | Section 70 if the carpet stewardship assessment fee is not | 13 | | added to the purchase price of the carpet offered for sale | 14 | | pursuant to Section 35. | 15 | | Section 25. Clearinghouse plan. | 16 | | (a) By July 1, 2022 and by July 1 every 3 years thereafter, | 17 | | beginning with program year 2023, the clearinghouse shall | 18 | | submit a 3-year plan to the Agency and receive approval of the | 19 | | plan. The clearinghouse plan shall include, at a minimum, each | 20 | | of the following: | 21 | | (1) Certification that the carpet stewardship program | 22 | | will accept for collection all old carpet, regardless of | 23 | | type or which producer manufactured the product and its | 24 | | individual components. | 25 | | (2) Contact information for each individual |
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| 1 | | representing the clearinghouse, designation of a program | 2 | | manager responsible for administering the program in this | 3 | | State, a list of all producers participating in the carpet | 4 | | stewardship program, and the brands covered by the product | 5 | | stewardship program. | 6 | | (3) A description of the methods by which old carpet | 7 | | will be collected in this State, including an explanation | 8 | | of how the collection system will achieve a convenience | 9 | | standard of having collection sites in all counties with a | 10 | | population density of greater than or equal to 100 | 11 | | individuals per square mile in this State by January 1, | 12 | | 2023 for program year 2023, and all counties with a | 13 | | population density of greater than or equal to 50 | 14 | | individuals per square mile for program year 2024 and | 15 | | thereafter. | 16 | | (4) An evaluation, beginning with the second | 17 | | three-year plan submitted by July 1, 2025, of the | 18 | | feasibility and cost of expanding the convenience standard | 19 | | to at least one collection site in every county in the | 20 | | State. | 21 | | (5) A description of how the adequacy of the | 22 | | collection program will be monitored, evaluated, and | 23 | | maintained. | 24 | | (6) The names and locations of collectors,
sorters, | 25 | | and processors who have been approved by the clearinghouse | 26 | | to manage old carpet. |
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| 1 | | (7) A description of how the old carpet and the | 2 | | products' components will be safely and securely | 3 | | transported, tracked, and handled from collection through | 4 | | final carpet recycling and processing. | 5 | | (8) A description of the methods to be used to reuse, | 6 | | deconstruct, or recycle old carpet to ensure that the | 7 | | products' components, to the extent feasible, are | 8 | | transformed or remanufactured into finished products for | 9 | | use. | 10 | | (9) A description of the methods to be used to manage | 11 | | or dispose of old carpet that cannot be carpet recycled or | 12 | | carpet reused. | 13 | | (10) A description of the promotion and outreach | 14 | | activities and proposed budget that will be used to | 15 | | encourage participation in the collection and carpet | 16 | | recycling programs and how the activities' effectiveness | 17 | | will be evaluated and the program modified, if necessary. | 18 | | (11) Evidence of adequate insurance or financial | 19 | | assurance for any person that may be involved in | 20 | | collection, handling, or disposal operations. | 21 | | (12) A 3-year rolling performance goal, including an | 22 | | estimate of the percentage of old carpet that will be | 23 | | collected, carpet reused, and carpet recycled during each | 24 | | of the next 3 years of the stewardship plan, with a minimum | 25 | | goal of achieving a 25% carpet recycling rate by December | 26 | | 31, 2025. The performance goals shall include a specific |
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| 1 | | goal for the amount of old carpet that will be collected, | 2 | | carpet recycled, and carpet reused during each year of the | 3 | | plan. The performance goals must be based on: | 4 | | (A) the most recent collection data available for | 5 | | this State; | 6 | | (B) the estimated amount of old carpet disposed of | 7 | | annually; | 8 | | (C) the weight of the old carpet that is expected | 9 | | to be available for collection annually; and | 10 | | (D) actual collection data from other existing | 11 | | carpet stewardship programs. | 12 | | The clearinghouse plan must state the methodology used | 13 | | to determine these goals. By March 1, 2025, the | 14 | | clearinghouse shall establish a recycling rate goal for | 15 | | the 3-year plan period beginning January 1, 2026. | 16 | | Thereafter, the clearinghouse shall establish a carpet | 17 | | recycling rate goal for each subsequent 3-year plan period | 18 | | by March 1 of the calendar year preceding the first year of | 19 | | that 3-year plan period. | 20 | | (13) A discussion of the status of end markets for old | 21 | | carpet and what, if any, additional end markets are needed | 22 | | to improve the functioning of the program. | 23 | | (14) A discussion of carpet design and manufacturing | 24 | | changes that the producers are considering or have | 25 | | implemented in order to reduce toxicity, water use, or | 26 | | energy use associated with the production of carpet and |
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| 1 | | efforts to increase the recycled content, recyclability, | 2 | | or carpet longevity. | 3 | | (15) A funding mechanism consistent with Section 35 | 4 | | that demonstrates sufficient funding to carry out the | 5 | | plan, including the administrative, operational, and | 6 | | capital costs of the plan, and payment of incentive | 7 | | payments to carpet collectors, processors, and end use | 8 | | markets to assist with the implementation of this Act. | 9 | | (16) Annual budgets showing revenue and expenditure | 10 | | projections for the current program year and projected for | 11 | | the next 2 years of the program. | 12 | | (17) A process by which the financial activities of | 13 | | the clearinghouse that are related to the implementation | 14 | | of the plan shall be subject to an annual independent | 15 | | audit, which shall be reviewed 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 non-polymer 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 non-polymer 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 reused or carpet | 12 | | recycled pursuant to this Act, including, but not limited | 13 | | to, the development of videos and written materials | 14 | | regarding the carpet recycling program. | 15 | | (b) An update to the plan shall be submitted, at a minimum, | 16 | | every 3 years, or if the Agency determines that a plan update | 17 | | is needed, prior to the minimum of once every 3 years. | 18 | | (c) The clearinghouse shall notify the Agency within 30 | 19 | | days of any significant changes or modifications to the plan | 20 | | or its implementation. Within 30 days of the notification, a | 21 | | written plan revision shall be submitted to the Agency for | 22 | | review and approval. | 23 | | Section 30. Review and approval of the clearinghouse plan | 24 | | and plan updates. | 25 | | (a) Within 90 days after receipt of the proposed plan or |
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| 1 | | plan update, the Agency shall determine whether the plan or | 2 | | plan update complies with Section 25. If the Agency approves a | 3 | | plan or plan update, the Agency shall notify the clearinghouse | 4 | | of the plan approval in writing within 14 days of receipt. If | 5 | | the Agency rejects a plan or plan update, the Agency shall | 6 | | notify the clearinghouse in writing of the reasons for | 7 | | rejecting the plan within 14 days of receipt. The | 8 | | clearinghouse shall submit a revised plan to the Agency within | 9 | | 60 days after receiving notice of rejection. Any proposed | 10 | | changes to a plan or plan update must be approved by the Agency | 11 | | in writing. | 12 | | (b) The clearinghouse plan and plan updates approved by | 13 | | the Agency shall be placed on the Agency's website and made | 14 | | available at the Agency's headquarters for public review | 15 | | within 30 days of the Agency's approval. | 16 | | Section 32. Implementation of clearinghouse plan. The | 17 | | clearinghouse shall implement the clearinghouse plan | 18 | | components under subsection (a) of Section 25 upon approval of | 19 | | the clearinghouse plan or plan update by the Agency under | 20 | | Section 30. The Agency shall monitor the clearinghouse's | 21 | | implementation of the clearinghouse plan and shall have the | 22 | | authority to require specific action by the clearinghouse to | 23 | | meets its clearinghouse plan implementation requirements under | 24 | | this Section. |
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| 1 | | Section 35. Carpet stewardship assessment. | 2 | | (a) On and after January 1, 2022 a producer of carpet shall | 3 | | add a carpet stewardship assessment fee of 4 cents per square | 4 | | foot to the purchase price of nylon carpet, polypropylene | 5 | | carpet, and wool carpet, and 6 cents per square foot to the | 6 | | purchase price of PET carpet, PTT carpet, and blended carpet | 7 | | sold in this State by that producer. The assessment added | 8 | | under this Section shall be remitted by the producer on a | 9 | | quarterly basis to the clearinghouse. The amount each producer | 10 | | pays in assessments shall be considered proprietary | 11 | | information that is privileged or confidential and shall not | 12 | | be disclosed to the clearinghouse or the public. However, in | 13 | | order to determine if each producer is paying the proper | 14 | | assessments, an independent professional accounting firm shall | 15 | | be hired by the clearinghouse to review and verify the | 16 | | quarterly square foot sales data by carpet type provided by | 17 | | each producer and the quarterly payments remitted to the | 18 | | clearinghouse by each producer. | 19 | | (b) Notwithstanding any provision of law to the contrary, | 20 | | the assessment established under this Section is exempt from | 21 | | taxes imposed by the Illinois Department of Revenue and shall | 22 | | meet the following requirement: | 23 | | (1) The assessment may be added by the producer to the | 24 | | purchase price of all carpet sold by producers to an | 25 | | Illinois retailer or distributor or otherwise sold for use | 26 | | in this State. |
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| 1 | | (c) It is the intent of the General Assembly that the | 2 | | amount of the assessment fee be reduced by the clearinghouse | 3 | | as the carpet stewardship program is implemented over time and | 4 | | becomes more efficient. | 5 | | (d) If the amount of the assessment is too low to properly | 6 | | fund the carpet stewardship program the clearinghouse may | 7 | | adopt rules increasing the assessment fee, which must be | 8 | | approved by the Joint Committee on Administrative Rules prior | 9 | | to the fee being increased. | 10 | | (e) The assessment shall be lowered if at any time the fee | 11 | | generates a fund balance at the end of a program year that is | 12 | | greater than one year's operating costs of the carpet | 13 | | stewardship program. If a fund balance greater than one year's | 14 | | operating cost is reached after the fifth program year, the | 15 | | clearinghouse shall adopt rules decreasing the assessment fee, | 16 | | which must be approved by the Joint Committee on | 17 | | Administrative Rules prior to the fee being decreased. | 18 | | (f) The assessment fee shall be deposited by the | 19 | | clearinghouse into an Illinois chartered bank, and if for any | 20 | | reason this Act is repealed, the entire assessment fund | 21 | | balance shall be transferred by the clearinghouse to the State | 22 | | of Illinois to be deposited into the Solid Waste Management | 23 | | Fund. | 24 | | Section 36. Collection of discarded carpet. | 25 | | (a) No later than June 1, 2023, in any county with a |
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| 1 | | population of greater than 200,000 people, any installer | 2 | | engaged in removing old carpet from a residence or business | 3 | | must transport, or contract to transport, all old carpet to a | 4 | | clearinghouse-approved old carpet collection site as defined | 5 | | in Section 10. | 6 | | (b) Approved carpet collection sites as defined in Section | 7 | | 10 shall ensure that old carpet is collected in the prescribed | 8 | | conditions required by the clearinghouse plan. The conditions | 9 | | must also include, but are not limited to, the following | 10 | | requirements: | 11 | | (1) Old carpet must be kept in a location that allows | 12 | | it to remain dry at all times. | 13 | | (2) Containers holding collected old carpet must be | 14 | | free of all non-carpet discarded waste items. | 15 | | (3) Prior to shipment to a recycler, containers | 16 | | holding discarded carpet must be filled to the following | 17 | | minimum standards: | 18 | | (A) Roll off dumpsters shall be filled to a | 19 | | minimum of 8 tons. | 20 | | (B) Semitrailers shall be filled to a minimum of | 21 | | 13 tons. | 22 | | (4) Approved collection sites must permit an approved | 23 | | recycler's prescribed container to be housed on site for | 24 | | loading by the collector for pickup at the collection | 25 | | site. | 26 | | (c) Any approved collection site that has collected old |
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| 1 | | carpet as prescribed by the clearinghouse plan and whose full | 2 | | container volume is not removed by a registered recycler upon | 3 | | 3-business day's electronic notice to the recycler stating | 4 | | that collected old carpet is ready for removal may dispose of | 5 | | that container's contents in a landfill. For purposes of this | 6 | | Act, old carpet collected by a clearinghouse certified entity | 7 | | at a regulated waste transfer station or landfill shall not be | 8 | | considered as being stored under the terms of any applicable | 9 | | waste disposal permit, and shall not impact the status of an | 10 | | existing waste disposal permit, until the seventh business day | 11 | | after electronic notice has been given to the recycler stating | 12 | | that collected old carpet is ready for removal.
| 13 | | Section 37. Economic support for approved carpet | 14 | | collection sites. The clearinghouse shall use revenues from | 15 | | the carpet stewardship assessment fee to pay approved old | 16 | | carpet collection sites for costs, services, and | 17 | | infrastructure improvements as follows: | 18 | | (1) Reimbursement for reasonable costs, as | 19 | | pre-approved by the clearinghouse, to adapt sites for old | 20 | | carpet collection as required by this Act, including, but | 21 | | not limited to, one-time costs for constructing the needed | 22 | | structure to make the collection of carpet safe and | 23 | | convenient, and to ensure adequate room to maneuver old | 24 | | carpet collection equipment in such a manner so as to not | 25 | | disrupt the normal flow of activity at the collection |
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| 1 | | site. | 2 | | (2) A recovery fee equivalent to $20 per ton for all | 3 | | old carpet collected that is subject to this Act and | 4 | | loaded into trailers at the collector's site in accordance | 5 | | with subsection (b) of Section 36. | 6 | | (3) Approved carpet collection sites located at waste | 7 | | transfer or waste disposal facilities permitted by the | 8 | | Agency may, at their discretion, charge the generator of | 9 | | such discarded carpet customary and proprietary collection | 10 | | and disposal fees. | 11 | | (4) Approved carpet collection sites may not charge a | 12 | | processor any fee for removal of carpet discarded from the | 13 | | collection site location. | 14 | | (5) Economic support for approved carpet collectors | 15 | | under this Section shall be reviewed every 3 years as | 16 | | clearinghouse plans are submitted to the Agency.
| 17 | | Section 40. State action antitrust exemption. Each | 18 | | producer and the clearinghouse shall be immune from liability | 19 | | for any claim of violation of antitrust law or unfair trade | 20 | | practice if the conduct is a violation of antitrust law, to the | 21 | | extent the producer or clearinghouse is exercising authority | 22 | | under the provisions of this Act. | 23 | | Section 45. Requirements applicable to producers. | 24 | | (a) On and after January 1, 2022, a producer of carpet |
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| 1 | | shall add the stewardship assessment, as established in | 2 | | Section 35, to the cost of carpet sold to retailers and | 3 | | distributors in this State by the producer. | 4 | | (b) Producers, working with the clearinghouse, shall | 5 | | provide consumers with educational materials regarding the | 6 | | stewardship assessment and carpet stewardship program as | 7 | | required by paragraph (1) of subsection (b) of Section 35 of | 8 | | this Act. The materials shall include, but are not limited to, | 9 | | (i) information regarding available end-of-life management | 10 | | options for old carpet offered through the carpet stewardship | 11 | | program and (ii) information that notifies the consumers that | 12 | | a charge for the operation of the carpet stewardship program | 13 | | is included in the purchase price of carpet sold in this State. | 14 | | (c) Producers who sell carpet in this State shall register | 15 | | with the Agency by January 1, 2022 and annually thereafter for | 16 | | as long as that producer sells carpet in this State. | 17 | | Section 50. Requirements applicable to retailers and | 18 | | distributors. | 19 | | (a) On and after January 1, 2022, no carpet may be sold in | 20 | | this State unless the carpet's producer has registered with | 21 | | the Agency under subsection (c) of Section 45. | 22 | | (b) Any retailer or distributor may participate, on a | 23 | | voluntary basis, as a designated collection point pursuant to | 24 | | a product stewardship program and in accordance with | 25 | | applicable law. |
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| 1 | | (c) No retailer or distributor shall be found to be in | 2 | | violation of this Section if, on the date the carpet was | 3 | | ordered from the producer or its agent, the producer was | 4 | | registered on the Agency's website in accordance with this | 5 | | Act. | 6 | | (d) Retailers shall provide consumers with educational | 7 | | materials, developed by producers and the clearinghouse, that | 8 | | shall include, but are not limited to, information that (i) | 9 | | regards available end-of-life management options for old | 10 | | carpet, and (ii) notifies the consumer of the importance of | 11 | | recycling. | 12 | | Section 55. Requirements applicable to the Agency. | 13 | | (a) Beginning March 1, 2022, and annually thereafter, the | 14 | | Agency shall post on its website the list of carpet producers | 15 | | that registered with the Agency, in accordance with subsection | 16 | | (c) of Section 45. | 17 | | (b) Beginning January 1, 2023, and annually thereafter, | 18 | | for the benefit of assisting consumers who wish to find | 19 | | collection sites for recycling carpet, the Agency shall post | 20 | | on its website the location of all collection sites identified | 21 | | to the Agency by the clearinghouse in its plans and annual | 22 | | reports. | 23 | | (c) The Agency shall post on its website the plan as | 24 | | approved by the Agency and any subsequent updates within 30 | 25 | | days of approval pursuant to Section 30. |
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| 1 | | (d) Beginning May 1, 2024, and annually thereafter, the | 2 | | Agency shall post on its website copies of the annual reports. | 3 | | Section 60. Annual stewardship reports. | 4 | | (a) By April 1, 2024, and by April 1 of each year | 5 | | thereafter, the clearinghouse shall submit a report to the | 6 | | Agency that includes, for the previous program year, a | 7 | | description of the carpet stewardship program, including, but | 8 | | not limited to, the following: | 9 | | (1) the amount of carpet sold by square feet and | 10 | | pounds in this State during the reporting period by | 11 | | polymer type or non-polymer material, including a separate | 12 | | reporting of the amount of carpet sold in this State for | 13 | | which the carpet stewardship assessment was collected; | 14 | | (2) a description of the methods used to collect, | 15 | | transport, and process old carpet in regions of this | 16 | | State, and a listing of the persons used to collect, | 17 | | transport, and process old carpet; | 18 | | (3) identification of all old carpet collection sites | 19 | | in this State and whether the requirement of paragraph (3) | 20 | | of subsection (a) of Section 25 has been met; | 21 | | (4) the weight of all old carpet collected and carpet | 22 | | reused or carpet recycled in all regions of this State, a | 23 | | comparison to the performance goals and carpet recycling | 24 | | rates established in the clearinghouse plan, and, if | 25 | | appropriate, an explanation stating the reason or reasons |
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| 1 | | performance goals were not met; | 2 | | (5) the weight of old carpet collected in this State | 3 | | but not carpet reused or carpet recycled and its ultimate | 4 | | disposition, and a comparison to the performance goals in | 5 | | the clearinghouse plan; | 6 | | (6) the total cost of implementing the clearinghouse | 7 | | plan and a copy of the independent audit regarding the | 8 | | financial activities of the clearinghouse; | 9 | | (7) a proposed budget for implementing the | 10 | | clearinghouse plan in the subsequent calendar year; | 11 | | (8) an evaluation of the funding mechanism and its | 12 | | ability to properly fund the implementation of the | 13 | | clearinghouse plan, including whether the incentive | 14 | | payments to collectors, processors, and end markets for | 15 | | managing carpet are adequate to ensure that the old carpet | 16 | | can be carpet reused or carpet recycled under the program; | 17 | | (9) identification of the facilities processing | 18 | | carpet, the weight processed at each facility, and each | 19 | | facility's processing capacity; | 20 | | (10) an evaluation of the effectiveness of the | 21 | | clearinghouse plan, and anticipated steps, if needed, to | 22 | | improve performance; | 23 | | (11) a discussion of progress made toward achieving | 24 | | carpet design changes according to paragraph (14) of | 25 | | subsection (a) of Section 25; and | 26 | | (12) samples of educational materials provided to |
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| 1 | | consumers and carpet installers, and an evaluation of the | 2 | | effectiveness of the materials and the methods used to | 3 | | disseminate the materials. The evaluation shall include, | 4 | | but shall not be limited to, information on the number of | 5 | | consumers and carpet installers that received or viewed | 6 | | the educational materials, and any consumer and carpet | 7 | | installer survey data that may have been collected | 8 | | regarding the educational materials used. | 9 | | Section 65. Administrative fee. | 10 | | (a) The clearinghouse shall pay the Agency an annual | 11 | | administrative fee of $200,000 which may be paid for from | 12 | | revenue from the carpet stewardship assessment. | 13 | | (b) The clearinghouse shall pay the Agency's | 14 | | administrative fee under subsection (a) on or before January | 15 | | 1, 2023, and annually thereafter. | 16 | | (c) The Agency shall deposit the fees collected under this | 17 | | Section into the Solid Waste Management Fund. | 18 | | Section 70. Enforcement. | 19 | | (a) On and after January 1, 2022, no producer, | 20 | | distributor, or retailer shall sell or offer for sale carpet | 21 | | to any person in this State if the producer of the carpet is | 22 | | not registered with the Agency pursuant to subsection (c) of | 23 | | Section 45 or has not remitted the assessment pursuant to | 24 | | Section 35. |
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| 1 | | (b) No retailer or distributor shall be found in violation | 2 | | of the provisions of subsection (a) if, on the date the carpet | 3 | | was ordered from the producer or its agent, the producer was | 4 | | listed on the Agency's website in accordance with the | 5 | | provisions of subsection (a) of Section 55. | 6 | | (c) The Attorney General or State's Attorney may request, | 7 | | and a Court may impose, after providing notice and opportunity | 8 | | to be heard, a civil penalty in the amount of $5,000 per day | 9 | | per violation against any producer who violates the | 10 | | registration requirements under subsection (c) of Section 45 | 11 | | or who fails to remit the assessment under Section 35. | 12 | | (d) Nothing in this Act prohibits a retailer or | 13 | | distributor from selling their inventory of carpet existing | 14 | | prior to January 1, 2022. | 15 | | (e) The penalties provided for in this Section may be | 16 | | recovered in a civil action brought in the name of the People | 17 | | of the State of Illinois by the State's Attorney of the county | 18 | | in which the violation occurred or by the Attorney General. | 19 | | Any funds collected under this Section in an action in which | 20 | | the Attorney General has prevailed shall be deposited in the | 21 | | Environmental Protection Trust Fund, to be used in accordance | 22 | | with the provisions of the Environmental Trust Fund Act. | 23 | | (f) Nothing in this Act mandates or otherwise requires and | 24 | | nothing in the clearinghouse plan shall mandate or otherwise | 25 | | require participation of the waste disposal industry in the | 26 | | carpet stewardship program created by this Act. |
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| 1 | | Section 75. State procurement of carpet. Beginning on | 2 | | January 1, 2024, at least 35% of carpet purchased by State | 3 | | agencies shall be carpet with a minimum of 10% post-consumer | 4 | | recycled content by weight from old carpet and comply with the | 5 | | National Science Foundation/American National Standards | 6 | | Institute (NSF/ANSI) 140-2009 Standard, Platinum Level or the | 7 | | most current version in effect as provided by the American | 8 | | National Standards Institute. The carpet shall be purchased | 9 | | from a carpet producer with a third party certified closed | 10 | | loop recycling facility. Thereafter, those purchases shall | 11 | | increase by a rate of 10% per year until it reaches 75%. Prior | 12 | | to January 1, 2024, the clearinghouse shall provide a report | 13 | | to the Illinois Department of Central Management Services on | 14 | | the other types of products that contain recycled carpet as a | 15 | | feedstock that the State should consider purchasing.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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