Full Text of HB1955 100th General Assembly
HB1955enr 100TH GENERAL ASSEMBLY |
| | HB1955 Enrolled | | LRB100 04571 SMS 14577 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. If and only if Senate Bill 1417 of the 100th | 5 | | General Assembly becomes law, then the Consumer Electronics | 6 | | Recycling Act is amended by changing Sections 1-5, 1-10, 1-15, | 7 | | 1-20, 1-25, 1-30, 1-35, 1-40, 1-45, 1-50, 1-55, and 1-85 and by | 8 | | adding Section 1-84 as follows: | 9 | | (100SB1417enr., Sec. 1-5)
| 10 | | Sec. 1-5. Definitions. As used in this Act: | 11 | | "Agency" means the Illinois Environmental Protection | 12 | | Agency. | 13 | | "Best practices" means standards for collecting and | 14 | | preparing items for shipment and recycling. "Best practices" | 15 | | may include standards for packaging for transport, load size, | 16 | | acceptable load contamination levels, non-CED items included | 17 | | in a load, and other standards as determined under Section 1-85 | 18 | | of this Act. "Best practices" shall consider the desired intent | 19 | | to preserve existing collection programs and relationships | 20 | | when possible. | 21 | | "Collector" means a person who collects residential CEDs at | 22 | | any program collection site or one-day collection event and | 23 | | prepares them for transport. |
| | | HB1955 Enrolled | - 2 - | LRB100 04571 SMS 14577 b |
|
| 1 | | "Computer", often referred to as a "personal computer" or | 2 | | "PC", means a desktop or notebook computer as further defined | 3 | | below and used only in a residence, but does not mean an | 4 | | automated typewriter, electronic printer, mobile telephone, | 5 | | portable hand-held calculator, portable digital assistant | 6 | | (PDA), MP3 player, or other similar device. "Computer" does not | 7 | | include computer peripherals, commonly known as cables, mouse, | 8 | | or keyboard. "Computer" is further defined as either: | 9 | | (1) "Desktop computer", which means an electronic,
| 10 | | magnetic, optical, electrochemical, or other high-speed | 11 | | data processing device performing logical, arithmetic, or | 12 | | storage functions for general purpose needs that are met | 13 | | through interaction with a number of software programs | 14 | | contained therein, and that is not designed to exclusively | 15 | | perform a specific type of logical, arithmetic, or storage | 16 | | function or other limited or specialized application. | 17 | | Human interface with a desktop computer is achieved through | 18 | | a stand-alone keyboard, stand-alone monitor, or other | 19 | | display unit, and a stand-alone mouse or other pointing | 20 | | device, and is designed for a single user. A desktop | 21 | | computer has a main unit that is intended to be | 22 | | persistently located in a single location, often on a desk | 23 | | or on the floor. A desktop computer is not designed for | 24 | | portability and generally utilizes an external monitor, | 25 | | keyboard, and mouse with an external or internal power | 26 | | supply for a power source. Desktop computer does not |
| | | HB1955 Enrolled | - 3 - | LRB100 04571 SMS 14577 b |
|
| 1 | | include an automated typewriter or typesetter; or | 2 | | (2) "Notebook computer", which means an electronic,
| 3 | | magnetic, optical, electrochemical, or other high-speed | 4 | | data processing device performing logical, arithmetic, or | 5 | | storage functions for general purpose needs that are met | 6 | | through interaction with a number of software programs | 7 | | contained therein, and that is not designed to exclusively | 8 | | perform a specific type of logical, arithmetic, or storage | 9 | | function or other limited or specialized application. | 10 | | Human interface with a notebook computer is achieved | 11 | | through a keyboard, video display greater than 4 inches in | 12 | | size, and mouse or other pointing device, all of which are | 13 | | contained within the construction of the unit that | 14 | | comprises the notebook computer; supplemental stand-alone | 15 | | interface devices typically can also be attached to the | 16 | | notebook computer. Notebook computers can use external, | 17 | | internal, or batteries for a power source. Notebook | 18 | | computer does not include a portable hand-held calculator, | 19 | | or a portable digital assistant or similar specialized | 20 | | device. A notebook computer has an incorporated video | 21 | | display greater than 4 inches in size and can be carried as | 22 | | one unit by an individual. A notebook computer is sometimes | 23 | | referred to as a laptop computer. | 24 | | (3) "Tablet computer", which means an electronic,
| 25 | | magnetic, optical, electrochemical, or other high-speed | 26 | | data processing device performing logical, arithmetic, or |
| | | HB1955 Enrolled | - 4 - | LRB100 04571 SMS 14577 b |
|
| 1 | | storage functions for general purpose needs that are met | 2 | | through interaction with a number of software programs | 3 | | contained therein, and that is not designed to exclusively | 4 | | perform a specific type of logical, arithmetic, or storage | 5 | | function or other limited or specialized application. | 6 | | Human interface with a tablet computer is achieved through | 7 | | a touch screen and video display screen greater than 6 | 8 | | inches in size (all of which are contained within the unit | 9 | | that comprises the tablet computer). Tablet computers may | 10 | | use an external or internal power source. "Tablet computer" | 11 | | does not include a portable hand-held calculator, a | 12 | | portable digital assistant, or a similar specialized | 13 | | device. | 14 | | "Computer monitor" means an electronic device that is a | 15 | | cathode-ray tube or flat panel display primarily intended to | 16 | | display information from a computer and is used only in a | 17 | | residence. | 18 | | "County collection site" means a collection site owned or | 19 | | operated by a county or operated by a third party on behalf of | 20 | | a county. | 21 | | "County recycling coordinator" means the individual who is | 22 | | designated as the recycling coordinator for a county in a waste | 23 | | management plan developed pursuant to the Solid Waste Planning | 24 | | and Recycling Act. | 25 | | "Covered electronic device" or "CED" means any computer, | 26 | | computer monitor, television, printer, electronic keyboard, |
| | | HB1955 Enrolled | - 5 - | LRB100 04571 SMS 14577 b |
|
| 1 | | facsimile machine, videocassette recorder, portable digital | 2 | | music player that has memory capability and is battery powered, | 3 | | digital video disc player, video game console, electronic | 4 | | mouse, scanner, digital converter box, cable receiver, | 5 | | satellite receiver, digital video disc recorder, or | 6 | | small-scale server sold at retail and taken out of service from | 7 | | a residence in this State . "Covered electronic device" does not | 8 | | include any of the following: | 9 | | (1) an electronic device that is a part of a motor
| 10 | | vehicle or any component part of a motor vehicle assembled | 11 | | by or for a vehicle manufacturer or franchised dealer, | 12 | | including replacement parts for use in a motor vehicle; | 13 | | (2) an electronic device that is functionally or
| 14 | | physically part of a larger piece of equipment or that is | 15 | | taken out of service from an industrial, commercial | 16 | | (including retail), library checkout, traffic control, | 17 | | kiosk, security (other than household security), | 18 | | governmental, agricultural, or medical setting, including | 19 | | but not limited to diagnostic, monitoring, or control | 20 | | equipment; or | 21 | | (3) an electronic device that is contained within a
| 22 | | clothes washer, clothes dryer, refrigerator, refrigerator | 23 | | and freezer, microwave oven, conventional oven or range, | 24 | | dishwasher, room air conditioner, dehumidifier, water | 25 | | pump, sump pump, or air purifier.
To the extent allowed | 26 | | under federal and State laws and regulations, a CED that is |
| | | HB1955 Enrolled | - 6 - | LRB100 04571 SMS 14577 b |
|
| 1 | | being collected, recycled, or processed for reuse is not | 2 | | considered to be hazardous waste, household waste, solid | 3 | | waste, or special waste.
| 4 | | "Covered electronic device category" or "CED category" | 5 | | means each of the following 8 categories of residential CEDs: | 6 | | (1) computers and small-scale servers; | 7 | | (2) computer monitors; | 8 | | (3) televisions; | 9 | | (4) printers, facsimile machines, and scanners; | 10 | | (5) digital video disc players, digital video disc | 11 | | recorders, and videocassette recorders; | 12 | | (6) video game consoles; | 13 | | (7) digital converter boxes, cable receivers, and | 14 | | satellite receivers; and | 15 | | (8) electronic keyboards, electronic mice, and | 16 | | portable digital music players that have memory capability | 17 | | and are battery powered. | 18 | | "Manufacturer" means a person, or a successor in interest | 19 | | to a person, under whose brand or label a CED is or was sold at | 20 | | retail. For any CED sold at retail under a brand or label that | 21 | | is licensed from a person who is a mere brand owner and who | 22 | | does not sell or produce a CED, the person who produced the CED | 23 | | or his or her successor in interest is the manufacturer. For | 24 | | any CED sold at retail under the brand or label of both the | 25 | | retail seller and the person that produced the CED, the person | 26 | | that produced the CED, or his or her successor in interest, is |
| | | HB1955 Enrolled | - 7 - | LRB100 04571 SMS 14577 b |
|
| 1 | | the manufacturer. | 2 | | "Manufacturer clearinghouse" means a group of 2 or more | 3 | | manufacturers, representing at least 50% of the manufacturers' | 4 | | total obligations under this Act for a program year, that are | 5 | | cooperating with one another to collectively establish and | 6 | | operate an e-waste program for the purpose of complying with | 7 | | this Act. | 8 | | "Manufacturer e-waste program" means any program | 9 | | established, financed, and operated by a manufacturer, | 10 | | individually or as part of a manufacturer clearinghouse, to | 11 | | transport and subsequently recycle, in accordance with the | 12 | | requirements of this Act, residential CEDs collected at program | 13 | | collection sites and one-day collection events in accordance | 14 | | with best practices . | 15 | | "Municipal joint action agency" means a municipal joint | 16 | | action agency created under Section 3.2 of the | 17 | | Intergovernmental Cooperation Act. | 18 | | "One-day collection event" means a one-day event used as a | 19 | | substitute for a program collection site pursuant to Section | 20 | | 1-15 of this Act. | 21 | | "Person" means an individual, partnership, co-partnership, | 22 | | firm, company, limited liability company, corporation, | 23 | | association, joint stock company, trust, estate, political | 24 | | subdivision, State agency, or any other legal entity; or a | 25 | | legal representative, agent, or assign of that entity. "Person" | 26 | | includes a unit of local government. |
| | | HB1955 Enrolled | - 8 - | LRB100 04571 SMS 14577 b |
|
| 1 | | "Printer" means desktop printers, multifunction printer | 2 | | copiers, and printer/fax combinations taken out of service from | 3 | | a residence that are designed to reside on a work surface, and | 4 | | include various print technologies, including without | 5 | | limitation laser and LED (electrographic), ink jet, dot matrix, | 6 | | thermal, and digital sublimation, and "multi-function" or | 7 | | "all-in-one" devices that perform different tasks, including | 8 | | without limitation copying, scanning, faxing, and printing. | 9 | | Printers do not include floor-standing printers, printers with | 10 | | optional floor stand, point of sale (POS) receipt printers, | 11 | | household printers such as a calculator with printing | 12 | | capabilities or label makers, or non-stand-alone printers that | 13 | | are embedded into products that are not CEDs. | 14 | | "Program collection site" means a physical location that is | 15 | | included in a manufacturer e-waste program and at which | 16 | | residential CEDs are collected and prepared for transport by a | 17 | | collector during a program year in accordance with the | 18 | | requirements of this Act. Except as otherwise provided in this | 19 | | Act, "program collection " site " does not include a retail | 20 | | collection site. | 21 | | "Program year" means a calendar year. The first program | 22 | | year is 2019. | 23 | | "Recycler" means any person who transports or subsequently | 24 | | recycles residential CEDs that have been collected and prepared | 25 | | for transport by a collector at any program collection site or | 26 | | one-day collection event. |
| | | HB1955 Enrolled | - 9 - | LRB100 04571 SMS 14577 b |
|
| 1 | | "Recycling" has the meaning provided under Section 3.380 of | 2 | | the Environmental Protection Act. "Recycling" includes any | 3 | | process by which residential CEDs that would otherwise be | 4 | | disposed of or discarded are collected, separated, or processed | 5 | | and returned to the economic mainstream in the form of raw | 6 | | materials or products. | 7 | | "Residence" means a dwelling place or home in which one or | 8 | | more individuals live. | 9 | | "Residential covered electronic device" or "residential | 10 | | CED" means any covered electronic device taken out of service | 11 | | from a residence in the State. | 12 | | "Retail collection site" means a private sector collection | 13 | | site operated by a retailer collecting on behalf of a | 14 | | manufacturer. | 15 | | "Retailer" means a person who first sells, through a sales | 16 | | outlet, catalogue, or the Internet, a covered electronic device | 17 | | at retail to an individual for residential use or any permanent | 18 | | establishment primarily where merchandise is displayed, held, | 19 | | stored, or offered for sale to the public. | 20 | | "Sale" means any retail transfer of title for consideration | 21 | | of title including, but not limited to, transactions conducted | 22 | | through sales outlets, catalogs, or the Internet or any other | 23 | | similar electronic means. "Sale" does not include financing or | 24 | | leasing. | 25 | | "Small-scale server" means a computer that typically uses | 26 | | desktop components in a desktop form designed primarily to |
| | | HB1955 Enrolled | - 10 - | LRB100 04571 SMS 14577 b |
|
| 1 | | serve as a storage host for other computers. To be considered a | 2 | | small-scale server, a computer must: be designed in a pedestal, | 3 | | tower, or other form that is similar to that of a desktop | 4 | | computer so that all data processing, storage, and network | 5 | | interfacing is contained within one box or product; be designed | 6 | | to be operational 24 hours per day and 7 days per week; have | 7 | | very little unscheduled downtime, such as on the order of hours | 8 | | per year; be capable of operating in a simultaneous multi-user | 9 | | environment serving several users through networked client | 10 | | units; and be designed for an industry-accepted operating | 11 | | system for home or low-end server applications. | 12 | | "Television" means an electronic device that contains (i) | 13 | | containing a cathode-ray tube or flat panel screen the size of | 14 | | which is greater than 4 inches when measured diagonally and , | 15 | | (ii) that is intended to receive video programming via | 16 | | broadcast, cable, or satellite , internet, or other mode of | 17 | | video transmission or to receive video from surveillance or | 18 | | other similar cameras , and (iii) that is used only in a | 19 | | residence .
| 20 | | (Source: 100SB1417enr.) | 21 | | (100SB1417enr., Sec. 1-10)
| 22 | | Sec. 1-10. Manufacturer e-waste program. | 23 | | (a) For program year 2019 and each program year thereafter, | 24 | | each manufacturer shall, individually or as part of a | 25 | | manufacturer clearinghouse, provide a manufacturer e-waste |
| | | HB1955 Enrolled | - 11 - | LRB100 04571 SMS 14577 b |
|
| 1 | | program to transport and subsequently recycle, in accordance | 2 | | with the requirements of this Act, residential CEDs collected | 3 | | at, and prepared for transport from, the program collection | 4 | | sites and one-day collection events included in the program | 5 | | during the program year. | 6 | | (b) Each manufacturer e-waste program must include, at a | 7 | | minimum, the following: | 8 | | (1) satisfaction of the convenience standard described | 9 | | in Section 1-15 of this Act; | 10 | | (2) instructions for designated county recycling | 11 | | coordinators and municipal joint action agencies to | 12 | | annually file notice to participate in the program; | 13 | | (3) transportation and subsequent recycling of the | 14 | | residential CEDs collected at, and prepared for transport | 15 | | from, the program collection sites and one-day collection | 16 | | events included in the program during the program year; and | 17 | | (4) submission of a report to the Agency, by March 1 | 18 | | January 31 , 2020, and each March 1 January 31 thereafter, | 19 | | which includes: | 20 | | (A) the total weight of all residential CEDs | 21 | | transported from program collection sites and one-day | 22 | | collection events throughout the State during the | 23 | | preceding program year by CED category; | 24 | | (B) the total weight of residential CEDs | 25 | | transported from all program collection sites and | 26 | | one-day collection events in each county in the State |
| | | HB1955 Enrolled | - 12 - | LRB100 04571 SMS 14577 b |
|
| 1 | | during the preceding program year by CED category; and | 2 | | (C) the total weight of residential CEDs | 3 | | transported from all program collection sites and | 4 | | one-day collection events in each county in the State | 5 | | during that preceding program year and that was | 6 | | recycled. | 7 | | (c) Each manufacturer e-waste program The Agency shall make | 8 | | the instructions required under paragraph (2) of subsection (b) | 9 | | available on its the Agency's website by December 1, 2017 , and | 10 | | the program shall provide to the Agency a hyperlink to the | 11 | | website for posting on the Agency's website .
| 12 | | (d) Nothing in this Act shall prevent a manufacturer from | 13 | | accepting, through a manufacturer e-waste program, residential | 14 | | CEDs collected through a curbside collection program that is | 15 | | operated pursuant to an agreement between a third party and a | 16 | | unit of local government located within a county or municipal | 17 | | joint action agency that has elected to participate in a | 18 | | manufacturer e-waste program. | 19 | | (Source: 100SB1417enr.) | 20 | | (100SB1417enr., Sec. 1-15)
| 21 | | Sec. 1-15. Convenience standard for program collection | 22 | | sites and one-day collection events. | 23 | | (a) Beginning in 2019 each manufacturer e-waste program for | 24 | | a program year must include, at a minimum, program collection | 25 | | sites in the following quantities in counties that elect to |
| | | HB1955 Enrolled | - 13 - | LRB100 04571 SMS 14577 b |
|
| 1 | | participate in the manufacturer e-waste program for the program | 2 | | year:
| 3 | | (1) one program collection site in each county that has | 4 | | elected to participate in the manufacturer e-waste program | 5 | | for the program year and that has a population density that | 6 | | is less than 250 individuals per square mile;
| 7 | | (2) two program collection sites in each county that | 8 | | has elected to participate in the manufacturer e-waste | 9 | | program for the program year and that has a population | 10 | | density that is greater than or equal to 250 individuals | 11 | | per square mile but less than 500 individuals per square | 12 | | mile;
| 13 | | (3) three program collection sites in each county that | 14 | | has elected to participate in the manufacturer e-waste | 15 | | program for the program year and that has a population | 16 | | density that is greater than or equal to 500 individuals | 17 | | per square mile but less than 750 individuals per square | 18 | | mile;
| 19 | | (4) four program collection sites in each county that | 20 | | has elected to participate in the manufacturer e-waste | 21 | | program for the program year and that has a population | 22 | | density that is greater than or equal to 750 individuals | 23 | | per square mile but less than 1,000 individuals per square | 24 | | mile;
| 25 | | (5) five program collection sites in each county that | 26 | | has elected to participate in the manufacturer e-waste |
| | | HB1955 Enrolled | - 14 - | LRB100 04571 SMS 14577 b |
|
| 1 | | program for the program year and that has a population | 2 | | density that is greater than or equal to 1,000 individuals | 3 | | per square mile but less than 5,000 individuals per square | 4 | | mile; and
| 5 | | (6) fifteen ten program collection sites in each county | 6 | | that has elected to participate in the manufacturer e-waste | 7 | | program for the program year and that has a population | 8 | | density that is greater than or equal to 5,000 individuals | 9 | | per square mile.
| 10 | | For purposes of this Section, county population densities | 11 | | shall be based on the entire county's population density, | 12 | | regardless of whether a municipality or municipal joint action | 13 | | agency in the county participates in a manufacturer e-waste | 14 | | program. | 15 | | If a municipality with a population of over 1,000,000 | 16 | | residents elects notifies the program of the municipality's | 17 | | desire to participate in a manufacturer e-waste the program for | 18 | | a program year , then the program that municipality shall | 19 | | provide 10 additional receive 15 program collection sites for | 20 | | the program year to be located in that municipality, and the | 21 | | program collection sites required under paragraph (6) of | 22 | | subsection (a) of this Section shall be that municipality in | 23 | | addition to county sites, which shall be located outside of the | 24 | | municipality. | 25 | | If a municipal joint action agency elects to participate in | 26 | | a manufacturer e-waste program for a program year, it shall |
| | | HB1955 Enrolled | - 15 - | LRB100 04571 SMS 14577 b |
|
| 1 | | receive, for that year, a population-based pro rata share of | 2 | | the program collection sites that would be granted to the | 3 | | county in which the municipal joint action agency is located if | 4 | | the county were to elect to participate in the program for that | 5 | | year, rounded to the nearest whole number. | 6 | | A designated county recycling coordinator may elect to | 7 | | operate more than the required minimum number of collection | 8 | | sites. | 9 | | (b) Notwithstanding subsection (a) of this Section, any | 10 | | county, municipality, or municipal joint action agency the | 11 | | county recycling coordinator for a county that elects to | 12 | | participate in a manufacturer e-waste program may enter into a | 13 | | written agreement with the operators of any manufacturer | 14 | | e-waste program in order to do one or more of the following:
| 15 | | (1) to decrease the number of program collection sites | 16 | | in the county , municipality, or territorial boundary of the | 17 | | municipal joint action agency for the program year;
| 18 | | (2) to substitute a program collection site in the | 19 | | county , municipality, or territorial boundary of the | 20 | | municipal joint action agency with either (i) 4 one-day | 21 | | collection events in the county or (ii) a different number | 22 | | of such events in the county as may be provided in the | 23 | | written agreement;
| 24 | | (3) to substitute the location of a program collection | 25 | | site in the county , municipality, or territorial boundary | 26 | | of the municipal joint action agency for the program year |
| | | HB1955 Enrolled | - 16 - | LRB100 04571 SMS 14577 b |
|
| 1 | | with another location in the county ; or
| 2 | | (4) to substitute the location of a one-day collection | 3 | | in the county , municipality, or territorial boundary of the | 4 | | municipal joint action agency with another location ; or in | 5 | | the county.
| 6 | | (5) to use, with the agreement of the applicable | 7 | | retailer, a retail collection site as a program collection | 8 | | site. | 9 | | An agreement made pursuant to paragraph paragraphs (1) or | 10 | | (2) of this subsection (b) shall be reduced to writing and | 11 | | included in the manufacturer e-waste program plan as required | 12 | | under subsection (a) of Section 1-25 of this Act.
| 13 | | (c) To facilitate the equitable allocation of covered | 14 | | electronic device collection and recycling obligations among | 15 | | manufacturers participating in a manufacturer e-waste program, | 16 | | beginning November 1, 2018 and by November 1 of each year | 17 | | thereafter, the Agency shall determine each manufacturer's | 18 | | collection obligation for each CED category that takes into | 19 | | account the market share of a manufacturer so that the | 20 | | manufacturer's obligations are allocated based on the weight of | 21 | | the manufacturer's sales in each CED category, divided by the | 22 | | weight of all sales in each CED category multiplied by the | 23 | | proportion of the weight of CEDs in each CED category collected | 24 | | from county collection sites used in the manufacturer's e-waste | 25 | | program in the prior program year. The manufacturer's | 26 | | collection obligation calculated in this subsection (c) shall |
| | | HB1955 Enrolled | - 17 - | LRB100 04571 SMS 14577 b |
|
| 1 | | be expressed as a percentage. | 2 | | (d) Nothing in this Act shall prevent a manufacturer from | 3 | | using retail collection sites to satisfy the manufacturer's | 4 | | obligations under this Section.
| 5 | | (Source: 100SB1417enr.) | 6 | | (100SB1417enr., Sec. 1-20)
| 7 | | Sec. 1-20. Election to participate in manufacturer e-waste | 8 | | programs. Beginning with program year 2019, a county , a | 9 | | municipal joint action agency, or a municipality with a | 10 | | population of more than 1,000,000 residents may elect to | 11 | | participate in a manufacturer e-waste program by filing having | 12 | | the county recycling coordinator file with the manufacturer | 13 | | e-waste program and the Agency, on or before March 1, 2018, and | 14 | | on or before March 1 of each year thereafter for the upcoming | 15 | | program year, a written notice of election to participate in | 16 | | the program. The written notice shall include a list of | 17 | | proposed collection locations likely to be available and | 18 | | appropriate to support the this program, and may include | 19 | | locations already providing similar collection services. The | 20 | | written notice may include a list of registered recyclers that | 21 | | the county , municipal joint action agency, or municipality | 22 | | would prefer using for its collection sites or one-day events. | 23 | | Counties, municipal joint action agencies, and | 24 | | municipalities with a population of more than 1,000,000 | 25 | | residents County program coordinators may contract with |
| | | HB1955 Enrolled | - 18 - | LRB100 04571 SMS 14577 b |
|
| 1 | | registered collectors to operate collection sites. Eligible | 2 | | registered collectors are not limited to private companies and | 3 | | non-government organizations. All collectors operating county | 4 | | supervised programs shall abide by the standards in Section | 5 | | 1-45. | 6 | | Should a county elect not to participate in the program, a | 7 | | municipal joint action agency, representing residents within a | 8 | | certain geographic area in the non-participating county can | 9 | | elect to participate in the e-waste program on behalf of the | 10 | | residents of the municipal joint action agency.
| 11 | | (Source: 100SB1417enr.) | 12 | | (100SB1417enr., Sec. 1-25)
| 13 | | Sec. 1-25. Manufacturer e-waste program plans. | 14 | | (a) By July 1, 2018, and by July 1 of each year thereafter | 15 | | for the upcoming program year, beginning with program year | 16 | | 2019, each manufacturer shall, individually or as a | 17 | | manufacturer clearinghouse, submit to the Agency a | 18 | | manufacturer e-waste program plan and assume the financial | 19 | | responsibility for bulk transportation, packaging materials | 20 | | necessary to prepare shipments in compliance with best | 21 | | practices, and recycling of collected CEDs , which includes, at | 22 | | a minimum, the following:
| 23 | | (1) the contact information for the individual who will | 24 | | serve as the point of contact for the manufacturer e-waste | 25 | | program;
|
| | | HB1955 Enrolled | - 19 - | LRB100 04571 SMS 14577 b |
|
| 1 | | (2) the identity of each county that has elected to | 2 | | participate in the manufacturer e-waste program during the | 3 | | program year;
| 4 | | (3) for each county, the location of each program | 5 | | collection site and one-day collection event included in | 6 | | the manufacturer e-waste program for the program year;
| 7 | | (4) the collector operating each program collection | 8 | | site and one-day collection event included in the | 9 | | manufacturer e-waste program for the program year;
| 10 | | (5) the recyclers that manufacturers plan to use during | 11 | | the program year to transport and subsequently recycle | 12 | | residential CEDs under the program, with the updated list | 13 | | of recyclers to be provided to the Agency no later than | 14 | | December 1 preceding each program year; and
| 15 | | (6) an explanation of any deviation by the program from | 16 | | the standard program collection site distribution set | 17 | | forth in subsection (a) of Section 1-15 of this Act for the | 18 | | program year, along with copies of all written agreements | 19 | | made pursuant to paragraphs (1) or (2) of subsection (b) of | 20 | | Section 1-15 for the program year.
| 21 | | (b) Within 60 days after receiving a manufacturer e-waste | 22 | | program plan, the Agency shall review the plan and approve the | 23 | | plan or disapprove the plan.
| 24 | | (1) If the Agency determines that the program | 25 | | collection sites and one-day collection events specified | 26 | | in the plan will satisfy the convenience standard set forth |
| | | HB1955 Enrolled | - 20 - | LRB100 04571 SMS 14577 b |
|
| 1 | | in Section 1-15 of this Act, then the Agency shall approve | 2 | | the manufacturer e-waste program plan and provide written | 3 | | notification of the approval to the individual who serves | 4 | | as the point of contact for the manufacturer.
The Agency | 5 | | shall make post the approved plan available on the Agency's | 6 | | website. | 7 | | (2) If the Agency determines the plan will not satisfy | 8 | | the convenience standard set forth in Section 1-15 of this | 9 | | Act, then the Agency shall disapprove the manufacturer | 10 | | e-waste program plan and provide written notification of | 11 | | the disapproval and the reasons for the disapproval to the | 12 | | individual who serves as the point of contact for the | 13 | | manufacturer. Within 30 days after the date of disapproval, | 14 | | the individual who serves as the point of contact for the | 15 | | manufacturer shall submit a revised manufacturer e-waste | 16 | | program plan that addresses the deficiencies noted in the | 17 | | Agency's disapproval.
| 18 | | (c) Manufacturers shall assume financial responsibility | 19 | | for carrying out their e-waste program plans, including, but | 20 | | not limited to, financial responsibility for providing the | 21 | | packaging materials necessary to prepare shipments of | 22 | | collected residential CEDs in compliance with subsection (e) of | 23 | | Section 1-45, as well as financial responsibility for bulk | 24 | | transportation and recycling of collected residential CEDs. | 25 | | (Source: 100SB1417enr.) |
| | | HB1955 Enrolled | - 21 - | LRB100 04571 SMS 14577 b |
|
| 1 | | (100SB1417enr., Sec. 1-30)
| 2 | | Sec. 1-30. Manufacturer registration. | 3 | | (a) By April 1, 2018, and by April 1 of each year | 4 | | thereafter for the upcoming program year, beginning with | 5 | | program year 2019, each manufacturer who sells CEDs in the | 6 | | State must register with the Agency by: (i) submitting to the | 7 | | Agency a $5,000 $3,000 registration fee; and (ii) completing | 8 | | and submitting to the Agency the registration form prescribed | 9 | | by the Agency. Information on the registration form shall | 10 | | include, without limitation, all of the following: | 11 | | (1) a list of all of the brands and labels under which | 12 | | the manufacturer's CEDs are sold or offered for sale in the | 13 | | State; and | 14 | | (2) the total weights, by CED category, of residential | 15 | | weight of all individual CEDs by category sold or offered | 16 | | for sale under any of the manufacturer's brands or labels | 17 | | in the United States during the calendar year immediately | 18 | | preceding 2 years before the applicable program year. | 19 | | If, during a program year, any of the manufacturer's CEDs | 20 | | are sold or offered for sale in the State under a brand that is | 21 | | not listed in the manufacturer's registration, then, within 30 | 22 | | days after the first sale or offer for sale under that brand, | 23 | | the manufacturer must amend its registration to add the brand. | 24 | | All registration fees collected by the Agency pursuant to this | 25 | | Section shall be deposited into the Solid Waste Management | 26 | | Fund.
|
| | | HB1955 Enrolled | - 22 - | LRB100 04571 SMS 14577 b |
|
| 1 | | (b) The Agency shall post on its website a list of all | 2 | | registered manufacturers.
| 3 | | (c) Beginning in program year 2019, a manufacturer whose | 4 | | CEDs are sold or offered for sale in this State for the first | 5 | | time on or after April 1 of a program year must register with | 6 | | the Agency within 30 days after the date the CEDs are first | 7 | | sold or offered for sale in the State.
| 8 | | (d) Beginning in program year 2019, manufacturers shall | 9 | | ensure that only recyclers that have registered with the Agency | 10 | | and meet the recycler standards set forth in Section 1-40 are | 11 | | used to transport or recycle residential CEDs collected at any | 12 | | program collection site or one-day collection event.
| 13 | | (e) Beginning in program year 2019, no manufacturer may | 14 | | sell or offer for sale a CED in this State unless the | 15 | | manufacturer is registered and operates a manufacturer program | 16 | | either individually or as part of the manufacturer | 17 | | clearinghouse as required in this Act.
| 18 | | (f) Beginning in program year 2019, no manufacturer may | 19 | | sell or offer for sale a CED in this State unless the | 20 | | manufacturer's brand name is permanently affixed to, and is | 21 | | readily visible on, the CED.
| 22 | | (g) In accordance with a contract or agreement with a | 23 | | county, municipality, or municipal joint action agency that has | 24 | | elected to participate in a manufacturer e-waste program under | 25 | | this Act, manufacturers may, either individually or through the | 26 | | manufacturer clearinghouse, audit program collection sites and |
| | | HB1955 Enrolled | - 23 - | LRB100 04571 SMS 14577 b |
|
| 1 | | proposed program collection sites for compliance with the terms | 2 | | and conditions of the contract or agreement. Audits shall be | 3 | | conducted during normal business hours, and a manufacturer or | 4 | | its designee shall provide reasonable notice to the collection | 5 | | site in advance of the audit. Audits of all program collection | 6 | | sites may include, among other things, physical site location | 7 | | visits and inspections and review of processes, procedures, | 8 | | technical systems, reports, and documentation reasonably | 9 | | related to the collecting, sorting, packaging, and recycling of | 10 | | residential CEDs in compliance with this Act. | 11 | | (h) Nothing in this Act shall require a manufacturer or | 12 | | manufacturer e-waste program to collect, transport, or recycle | 13 | | any CEDs other than residential CEDs, or to accept for | 14 | | transport or recycling any pallet or bulk container of | 15 | | residential CEDs that has not been prepared by the collector | 16 | | for shipment in accordance with subsection (e) of Section 1-45. | 17 | | (Source: 100SB1417enr.) | 18 | | (100SB1417enr., Sec. 1-35)
| 19 | | Sec. 1-35. Retailer responsibilities. | 20 | | (a) Beginning in program year 2019, no retailer who first | 21 | | sells, through a sales outlet, catalogue, or the Internet, a | 22 | | CED at retail to an individual for residential use may sell or | 23 | | offer for sale any CED in or for delivery into this State | 24 | | unless:
| 25 | | (1) the CED is labeled with a brand, and the label is |
| | | HB1955 Enrolled | - 24 - | LRB100 04571 SMS 14577 b |
|
| 1 | | permanently affixed and readily visible; and
| 2 | | (2) the manufacturer is registered with the Agency at | 3 | | the time the retailer purchases the CED.
| 4 | | (b) A retailer shall be considered to have complied with | 5 | | paragraphs (1) and (2) of subsection (a) if:
| 6 | | (1) a manufacturer registers with the Agency agency | 7 | | within 30 days of a retailer taking possession of the | 8 | | manufacturer's CED;
| 9 | | (2) a manufacturer's registration expires and the | 10 | | retailer ordered the CED prior to the expiration, in which | 11 | | case the retailer may sell the CED, but only if the sale | 12 | | takes place within 180 days of the expiration; or
| 13 | | (3) a manufacturer is no longer conducting business and | 14 | | has no successor in interest , in which case the retailer | 15 | | may sell any orphan CED ordered prior to the | 16 | | discontinuation of business.
| 17 | | (c) Retailers shall not be considered collectors under the | 18 | | convenience standard and retail collection sites shall not be | 19 | | considered a collection site for the purposes of the | 20 | | convenience standard pursuant to Sections 1-10, 1-15, and 1-25 | 21 | | unless otherwise agreed to in writing by the (i) retailer, (ii) | 22 | | operators of the manufacturer manufacture e-waste program, and | 23 | | (iii) the applicable county , municipal joint action agency, or | 24 | | municipality coordinator .
If retailers agree to participate in | 25 | | a county program collection site, then the retailer collection | 26 | | site does not have to collect all CEDs or register as a |
| | | HB1955 Enrolled | - 25 - | LRB100 04571 SMS 14577 b |
|
| 1 | | collector. | 2 | | (d) Manufacturers may use retail collection sites for | 3 | | satisfying some or all of their obligations pursuant to | 4 | | Sections 1-10, 1-15 and 1-25.
| 5 | | (e) Nothing in this Act shall prohibit a retailer from | 6 | | collecting a fee for each CED collected.
| 7 | | (Source: 100SB1417enr.)
| 8 | | (100SB1417enr., Sec. 1-40)
| 9 | | Sec. 1-40. Recycler responsibilities. | 10 | | (a) By January 1, 2019, and by January 1 of each year | 11 | | thereafter for that program year, beginning with program year | 12 | | 2019, each recycler must register with the Agency by (i) | 13 | | submitting to the Agency a $3,000 registration fee and (ii) | 14 | | completing and submitting to the Agency the registration form | 15 | | prescribed by the Agency. The registration form prescribed by | 16 | | the Agency shall include, without limitation, the address of | 17 | | each location where the recycler manages residential CEDs | 18 | | collected through a manufacturer e-waste program and the | 19 | | certification required under subsection (d) of this Section . | 20 | | All registration fees collected by the Agency pursuant to this | 21 | | Section shall be deposited into the Solid Waste Management | 22 | | Fund.
| 23 | | (a-5) The Agency may deny a registration under this Section | 24 | | if the recycler or any employee or officer of the recycler has | 25 | | a history of: |
| | | HB1955 Enrolled | - 26 - | LRB100 04571 SMS 14577 b |
|
| 1 | | (1) repeated violations of federal, State, or local | 2 | | laws, regulations, standards, or ordinances related to the | 3 | | collection, recycling, or other management of CEDs; | 4 | | (2) conviction in this State or another state of any | 5 | | crime which is a felony under the laws of this State, or | 6 | | conviction of a felony in a federal court; or conviction in | 7 | | this State or another state or federal court of any of the | 8 | | following crimes: forgery, official misconduct, bribery, | 9 | | perjury, or knowingly submitting false information under | 10 | | any environmental law, regulation, or permit term or | 11 | | condition; or | 12 | | (3) gross carelessness or incompetence in handling, | 13 | | storing, processing, transporting, disposing, or otherwise | 14 | | managing CEDs. | 15 | | (b) The Agency shall post on the Agency's website a list of | 16 | | all registered recyclers and the information requested by | 17 | | subsection (d) of Section 1-40 .
| 18 | | (c) Beginning in program year 2019, no person may act as a | 19 | | recycler of residential CEDs for a manufacturer's e-waste | 20 | | program unless the recycler is registered with the Agency as | 21 | | required under this Section.
| 22 | | (d) Beginning in program year 2019, recyclers must, as a | 23 | | part of their annual registration, certify compliance at a | 24 | | minimum, comply with all of the following requirements :
| 25 | | (1) Recyclers must comply with federal, State, and | 26 | | local laws and regulations, including federal and State |
| | | HB1955 Enrolled | - 27 - | LRB100 04571 SMS 14577 b |
|
| 1 | | minimum wage laws, specifically relevant to the handling, | 2 | | processing, and recycling of residential CEDs and must have | 3 | | proper authorization by all appropriate governing | 4 | | authorities to perform the handling, processing, and | 5 | | recycling.
| 6 | | (2) Recyclers must implement the appropriate measures | 7 | | to safeguard occupational and environmental health and | 8 | | safety, through the following:
| 9 | | (A) environmental health and safety training of | 10 | | personnel, including training with regard to material | 11 | | and equipment handling, worker exposure, controlling | 12 | | releases, and safety and emergency procedures;
| 13 | | (B) an up-to-date, written plan for the | 14 | | identification and management of hazardous materials; | 15 | | and
| 16 | | (C) an up-to-date, written plan for reporting and | 17 | | responding to exceptional pollutant releases, | 18 | | including emergencies such as accidents, spills, | 19 | | fires, and explosions.
| 20 | | (3) Recyclers must maintain (i) commercial general | 21 | | liability insurance or the equivalent corporate guarantee | 22 | | for accidents and other emergencies with limits of not less | 23 | | than $1,000,000 per occurrence and $1,000,000 aggregate | 24 | | and (ii) pollution legal liability insurance with limits | 25 | | not less than $1,000,000 per occurrence for companies | 26 | | engaged solely in the dismantling activities and |
| | | HB1955 Enrolled | - 28 - | LRB100 04571 SMS 14577 b |
|
| 1 | | $5,000,000 per occurrence for companies engaged in | 2 | | recycling.
| 3 | | (4) Recyclers must maintain on file documentation that | 4 | | demonstrates the completion of an environmental health and | 5 | | safety audit completed and certified by a competent | 6 | | internal and external auditor annually. A competent | 7 | | auditor is an individual who, through professional | 8 | | training or work experience, is appropriately qualified to | 9 | | evaluate the environmental health and safety conditions, | 10 | | practices, and procedures of the facility. Documentation | 11 | | of auditors' qualifications must be available for | 12 | | inspection by Agency officials and third-party auditors.
| 13 | | (5) Recyclers must maintain on file proof of workers' | 14 | | compensation and employers' liability insurance.
| 15 | | (6) Recyclers must provide adequate assurance, such as | 16 | | bonds or corporate guarantees, to cover environmental and | 17 | | other costs of the closure of the recycler's facility, | 18 | | including cleanup of stockpiled equipment and materials.
| 19 | | (7) Recyclers must apply due diligence principles to | 20 | | the selection of facilities to which components and | 21 | | materials, such as plastics, metals, and circuit boards, | 22 | | from residential CEDs are sent for reuse and recycling.
| 23 | | (8) Recyclers must establish a documented | 24 | | environmental management system that is appropriate in | 25 | | level of detail and documentation to the scale and function | 26 | | of the facility, including documented regular self-audits |
| | | HB1955 Enrolled | - 29 - | LRB100 04571 SMS 14577 b |
|
| 1 | | or inspections of the recycler's environmental compliance | 2 | | at the facility.
| 3 | | (9) Recyclers must use the appropriate equipment for | 4 | | the proper processing of incoming materials as well as | 5 | | controlling environmental releases to the environment. The | 6 | | dismantling operations and storage of residential CED | 7 | | components that contain hazardous substances must be | 8 | | conducted indoors and over impervious floors. Storage | 9 | | areas must be adequate to hold all processed and | 10 | | unprocessed inventory. When heat is used to soften solder | 11 | | and when residential CED components are shredded, | 12 | | operations must be designed to control indoor and outdoor | 13 | | hazardous air emissions.
| 14 | | (10) Recyclers must establish a system for identifying | 15 | | and properly managing components, such as circuit boards, | 16 | | batteries, cathode-ray tubes, and mercury phosphor lamps, | 17 | | that are removed from residential CEDs during disassembly. | 18 | | Recyclers must properly manage all hazardous and other | 19 | | components requiring special handling from residential | 20 | | CEDs consistent with federal, State, and local laws and | 21 | | regulations. Recyclers must provide visible tracking, such | 22 | | as hazardous waste manifests or bills of lading, of | 23 | | hazardous components and materials from the facility to the | 24 | | destination facilities and documentation, such as | 25 | | contracts, stating how the destination facility processes | 26 | | the materials received. No recycler may send, either |
| | | HB1955 Enrolled | - 30 - | LRB100 04571 SMS 14577 b |
|
| 1 | | directly or through intermediaries, hazardous wastes to | 2 | | solid non-hazardous waste landfills or to non-hazardous | 3 | | waste incinerators for disposal or energy recovery. For the | 4 | | purpose of these guidelines, smelting of hazardous wastes | 5 | | to recover metals for reuse in conformance with all | 6 | | applicable laws and regulations is not considered disposal | 7 | | or energy recovery.
| 8 | | (11) Recyclers must use a regularly implemented and | 9 | | documented monitoring and record-keeping program that | 10 | | tracks total inbound residential CED material weights and | 11 | | total subsequent outbound weights to each destination, | 12 | | injury and illness rates, and compliance with applicable | 13 | | permit parameters including monitoring of effluents and | 14 | | emissions. Recyclers must maintain contracts or other | 15 | | documents, such as sales receipts, suitable to | 16 | | demonstrate: (i) the reasonable expectation that there is a | 17 | | downstream market or uses for designated electronics, | 18 | | which may include recycling or reclamation processes such | 19 | | as smelting to recover metals for reuse; and (ii) that any | 20 | | residuals from recycling or reclamation processes, or | 21 | | both, are properly handled and managed to maximize reuse | 22 | | and recycling of materials to the extent practical.
| 23 | | (12) Recyclers must employ industry-accepted | 24 | | procedures for the destruction or sanitization of data on | 25 | | hard drives and other data storage devices. Acceptable | 26 | | guidelines for the destruction or sanitization of data are |
| | | HB1955 Enrolled | - 31 - | LRB100 04571 SMS 14577 b |
|
| 1 | | contained in the National Institute of Standards and | 2 | | Technology's Guidelines for Media Sanitation or those | 3 | | guidelines certified by the National Association for | 4 | | Information Destruction.
| 5 | | (13) No recycler may employ prison labor in any | 6 | | operation related to the collection, transportation, and | 7 | | recycling of CEDs. No recycler may employ any third party | 8 | | that uses or subcontracts for the use of prison labor.
| 9 | | (e) Each recycler shall, during each calendar year, | 10 | | transport from each site that the recycler uses to manage | 11 | | residential CEDs not less than 75% of the total weight of | 12 | | residential CEDs present at the site during the preceding | 13 | | calendar year. Each recycler shall maintain on-site records | 14 | | that demonstrate compliance with this requirement and shall | 15 | | make those records available to the Agency for inspection and | 16 | | copying. | 17 | | (f) Nothing in this Act shall prevent a person from acting | 18 | | as a recycler independently of a manufacturer e-waste program.
| 19 | | (Source: 100SB1417enr.)
| 20 | | (100SB1417enr., Sec. 1-45)
| 21 | | Sec. 1-45. Collector responsibilities. | 22 | | (a) By January 1, 2019, and by January 1 of each year | 23 | | thereafter for that program year, beginning with program year | 24 | | 2019, a person acting as a collector under a manufacturer | 25 | | e-waste program shall register with the Agency by completing |
| | | HB1955 Enrolled | - 32 - | LRB100 04571 SMS 14577 b |
|
| 1 | | and submitting to the Agency the registration form prescribed | 2 | | by the Agency. The registration form prescribed by the Agency | 3 | | must include, without limitation, the address of each location | 4 | | at which the collector accepts residential CEDs.
| 5 | | (a-5) The Agency may deny a registration under this Section | 6 | | if the collector or any employee or officer of the collector | 7 | | has a history of: | 8 | | (1) repeated violations of federal, State, or local | 9 | | laws, regulations, standards, or ordinances related to the | 10 | | collection, recycling, or other management of CEDs; | 11 | | (2) conviction in this State or another state of any | 12 | | crime which is a felony under the laws of this State, or | 13 | | conviction of a felony in a federal court; or conviction in | 14 | | this State or another state or federal court of any of the | 15 | | following crimes: forgery, official misconduct, bribery, | 16 | | perjury, or knowingly submitting false information under | 17 | | any environmental law, regulation, or permit term or | 18 | | condition; or | 19 | | (3) gross carelessness or incompetence in handling, | 20 | | storing, processing, transporting, disposing, or otherwise | 21 | | managing CEDs. | 22 | | (b) The Agency shall post on the Agency's website a list of | 23 | | all registered collectors.
| 24 | | (c) Manufacturers and recyclers acting as collectors shall | 25 | | so indicate on their registration under Section 1-30 or 1-40 of | 26 | | this Act.
|
| | | HB1955 Enrolled | - 33 - | LRB100 04571 SMS 14577 b |
|
| 1 | | (d) By March 1 January 31 , 2020 and every March 1 January | 2 | | 31 thereafter, each collector that operates a program | 3 | | collection site or one-day collection event shall report , to | 4 | | the Agency and to the manufacturer e-waste program, the total | 5 | | weight, by CED category, of residential CEDs transported from | 6 | | the program collection site or one-day collection event during | 7 | | the previous program year its previous program year data on | 8 | | CEDs collected to the Agency and manufacturer clearinghouse to | 9 | | assist in satisfying a manufacturer's obligation pursuant to | 10 | | subsection (c) of Section 1-15 . | 11 | | (e) Each collector that operates a program collection site | 12 | | or one-day event shall ensure that the collected residential | 13 | | CEDs are sorted and loaded in compliance with local, State, and | 14 | | federal law and in accordance with best practices recommended | 15 | | by the recycler and Section 1-85 of this Act . In addition, at a | 16 | | minimum, the collector shall also comply with the following | 17 | | requirements: | 18 | | (1) residential all CEDs must be accepted at the | 19 | | program collection site or one-day collection event unless | 20 | | otherwise provided in this Act;
| 21 | | (2) residential CEDs shall be kept separate from other | 22 | | material and shall be: | 23 | | (A) packaged in a manner to prevent breakage; and
| 24 | | (B) loaded onto pallets and secured with plastic | 25 | | wrap or in pallet-sized bulk containers prior to | 26 | | shipping; and
|
| | | HB1955 Enrolled | - 34 - | LRB100 04571 SMS 14577 b |
|
| 1 | | (C) on average per collection site 18,000 pounds | 2 | | per shipment, and if not then the recycler may charge | 3 | | the collector a prorated prorate charge on the | 4 | | shortfall in weight, not to exceed $600 ; . | 5 | | (3) residential CEDs shall be sorted into the following | 6 | | categories:
| 7 | | (A) computer monitors and televisions containing a | 8 | | cathode-ray tube, other than televisions with wooden | 9 | | exteriors;
| 10 | | (B) computer monitors and televisions containing a | 11 | | flat panel screen;
| 12 | | (C) all other covered televisions that are | 13 | | residential CEDs ;
| 14 | | (D) computers;
| 15 | | (E) all other residential CEDs; and
| 16 | | (F) any electronic device that is not part of the | 17 | | manufacturer program that the collector has arranged | 18 | | to have picked up with residential CEDs and for which a | 19 | | financial arrangement has been made to cover the | 20 | | recycling costs outside of the manufacturer program; | 21 | | and
| 22 | | (4) containers holding the CEDs must be structurally | 23 | | sound for transportation ; and . | 24 | | (5) each shipment of residential CEDs from a program | 25 | | collection site or one-day collection event shall include a | 26 | | collector-prepared bill of lading or similar manifest, |
| | | HB1955 Enrolled | - 35 - | LRB100 04571 SMS 14577 b |
|
| 1 | | which describes the origin of the shipment and the number | 2 | | of pallets or bulk containers of residential CEDs in the | 3 | | shipment.
| 4 | | (f) (e) Except as provided in subsection (g) (f) of this | 5 | | Section, each collector that operates a program collection site | 6 | | or one-day collection event during a program year shall accept | 7 | | all residential CEDs that are delivered to the program | 8 | | collection site or one-day collection event during the program | 9 | | year.
| 10 | | (g) (f) No collector that operates a program collection | 11 | | site or one-day collection event shall : | 12 | | (1) accept , at the program collection site or one-day | 13 | | collection event, more than 7 residential CEDs from an | 14 | | individual at any one time ; .
| 15 | | (2) scrap, salvage, dismantle, or otherwise | 16 | | disassemble any residential CED collected at a program | 17 | | collection site or one-day collection event; | 18 | | (3) deliver to a manufacturer e-waste program, through | 19 | | its recycler, any CED other than a residential CED | 20 | | collected at a program collection site or one-day | 21 | | collection event; or | 22 | | (4) deliver to a person other than the manufacturer | 23 | | e-waste program or its recycler, a residential CED | 24 | | collected at a program collection site or one-day | 25 | | collection event. | 26 | | (h) (g) Beginning in program year 2019, registered |
| | | HB1955 Enrolled | - 36 - | LRB100 04571 SMS 14577 b |
|
| 1 | | collectors participating in county supervised collection | 2 | | programs may collect a fee for each desktop computer monitor or | 3 | | television accepted for recycling to cover costs for collection | 4 | | and preparation for bulk shipment or to cover costs associated | 5 | | with the requirements of cost for subsection (e) of Section | 6 | | 1-45.
| 7 | | (i) (h) Nothing in this Act shall prevent a person an | 8 | | individual from acting as a collector independently of a | 9 | | manufacturer e-waste program.
| 10 | | (Source: 100SB1417enr.)
| 11 | | (100SB1417enr., Sec. 1-50)
| 12 | | Sec. 1-50. Penalties. | 13 | | (a) Except as otherwise provided in this Act, any person | 14 | | who violates any provision of this Act is liable for a civil | 15 | | penalty of $7,000 per $1,000 for the violation , provided that | 16 | | the penalty for failure to register or pay a fee under this Act | 17 | | shall be double the applicable registration fee .
| 18 | | (b) The penalties provided for in this Section may be | 19 | | recovered in a civil action brought in the name of the people | 20 | | of the State of Illinois by the State's Attorney of the county | 21 | | in which the violation occurred or by the Attorney General. Any | 22 | | penalties collected under this Section in an action in which | 23 | | the Attorney General has prevailed shall be deposited in the | 24 | | Environmental Protection Trust Fund, to be used in accordance | 25 | | with the provisions of the Environmental Protection Trust Fund |
| | | HB1955 Enrolled | - 37 - | LRB100 04571 SMS 14577 b |
|
| 1 | | Act.
| 2 | | (c) The Attorney General or the State's Attorney of a | 3 | | county in which a violation occurs may institute a civil action | 4 | | for an injunction, prohibitory or mandatory, to restrain | 5 | | violations of this Act or to require such actions as may be | 6 | | necessary to address violations of this Act.
| 7 | | (d) A fine imposed by administrative citation pursuant to | 8 | | Section 1-55 of this Act shall be $1,000 per violation, plus | 9 | | any hearing costs incurred by the Illinois Pollution Control | 10 | | Board and the Agency. Such fines shall be made payable to the | 11 | | Environmental Protection Trust Fund to be used in accordance | 12 | | with the Environmental Protection Trust Fund Act. | 13 | | (e) The penalties and injunctions provided in this Act are | 14 | | in addition to any penalties, injunctions, or other relief | 15 | | provided under any other law. Nothing in this Act bars a cause | 16 | | of action by the State for any other penalty, injunction, or | 17 | | other relief provided by any other law.
| 18 | | (f) A knowing violation of subsections (a), (b), or (c) of | 19 | | Section 1-83 of this Act by anyone other than a residential | 20 | | consumer is a petty offense punishable by a fine of $500. A | 21 | | knowing violation of subsections (a), (b), or (c) of Section | 22 | | 1-83 by a residential consumer is a petty offense punishable by | 23 | | a fine of $25 for a first violation; however, a subsequent | 24 | | violation by a residential consumer is a petty offense | 25 | | punishable by a fine of $50.
| 26 | | (g) Any person who knowingly makes a false, fictitious, or |
| | | HB1955 Enrolled | - 38 - | LRB100 04571 SMS 14577 b |
|
| 1 | | fraudulent material statement, orally or in writing, to the | 2 | | Agency, related to or required by this Act or any rule adopted | 3 | | under this Act commits a Class 4 felony, and each such | 4 | | statement or writing shall be considered a separate Class 4 | 5 | | felony. A person who, after being convicted under this | 6 | | subsection (g), violates this subsection (g) a second or | 7 | | subsequent time, commits a Class 3 felony. | 8 | | (Source: 10000SB1417enr.)
| 9 | | (100SB1417enr., Sec. 1-55)
| 10 | | Sec. 1-55. Administrative citations. | 11 | | (a) Any violation of a registration requirement in Sections | 12 | | 1-30, 1-40, or 1-45 of this Act, any violation of the reporting | 13 | | requirement in paragraph (4) of subsection (b) of Section 1-10 | 14 | | of this Act, and any violation of a the plan submission | 15 | | requirement in subsection (a) of Section 1-25 of this Act shall | 16 | | be enforceable by administrative citation issued by the Agency. | 17 | | Whenever Agency personnel shall, on the basis of direct | 18 | | observation, determine that any person has violated any of | 19 | | those provisions, the Agency may issue and serve, within 60 | 20 | | days after the observed violation, an administrative citation | 21 | | upon that person. Each citation shall be served upon the person | 22 | | named or the person's authorized agent for service of process | 23 | | and shall include the following:
| 24 | | (1) a statement specifying the provisions of this Act | 25 | | that the person has violated;
|
| | | HB1955 Enrolled | - 39 - | LRB100 04571 SMS 14577 b |
|
| 1 | | (2) the penalty imposed under subsection (d) of Section | 2 | | 1-50 of this Act for that violation; and
| 3 | | (3) an affidavit by the personnel observing the | 4 | | violation, attesting to their material actions and | 5 | | observations.
| 6 | | (b) If the person named in the administrative citation | 7 | | fails to petition the Illinois Pollution Control Board for | 8 | | review within 35 days after the date of service, then the Board | 9 | | shall adopt a final order, which shall include the | 10 | | administrative citation and findings of violation as alleged in | 11 | | the citation and shall impose the penalty specified in | 12 | | subsection (d) of Section 1-50 of this Act.
| 13 | | (c) If a petition for review is filed with the Board to | 14 | | contest an administrative citation issued under this Section, | 15 | | then the Agency shall appear as a complainant at a hearing | 16 | | before the Board to be conducted pursuant to subsection (d) of | 17 | | this Section at a time not less than 21 days after notice of | 18 | | the hearing has been sent by the Board to the Agency and the | 19 | | person named in the citation. In those hearings, the burden of | 20 | | proof shall be on the Agency. If, based on the record, the | 21 | | Board finds that the alleged violation occurred, then the Board | 22 | | shall adopt a final order, which shall include the | 23 | | administrative citation and findings of violation as alleged in | 24 | | the citation, and shall impose the penalty specified in | 25 | | subsection (d) of Section 1-50 of this Act. However, if the | 26 | | Board finds that the person appealing the citation has shown |
| | | HB1955 Enrolled | - 40 - | LRB100 04571 SMS 14577 b |
|
| 1 | | that the violation resulted from uncontrollable circumstances, | 2 | | then the Board shall adopt a final order that makes no finding | 3 | | of violation and imposes no penalty.
| 4 | | (d) All hearings under this Section shall be held before a | 5 | | qualified hearing officer, who may be attended by one or more | 6 | | members of the Board, designated by the Chairman. All of these | 7 | | hearings shall be open to the public, and any person may submit | 8 | | written statements to the Board in connection with the subject | 9 | | of these hearings. In addition, the Board may permit any person | 10 | | to offer oral testimony. Any party to a hearing under this | 11 | | Section may be represented by counsel, make oral or written | 12 | | argument, offer testimony, cross-examine witnesses, or take | 13 | | any combination of those actions. All testimony taken before | 14 | | the Board shall be recorded stenographically. The transcript so | 15 | | recorded and any additional matter accepted for the record | 16 | | shall be open to public inspection, and copies of those | 17 | | materials shall be made available to any person upon payment of | 18 | | the actual cost of reproducing the original.
| 19 | | (Source: 100SB1417enr.)
| 20 | | (S.B. 1417, 100th G.A., Sec. 1-84 new) | 21 | | Section 1-84. Allocation of financial responsibilities | 22 | | among manufacturers. | 23 | | (a) Within 9 months after its receipt of the rulemaking | 24 | | proposal described in subsection (b) of this Section, the | 25 | | Pollution Control Board shall adopt rules regarding the |
| | | HB1955 Enrolled | - 41 - | LRB100 04571 SMS 14577 b |
|
| 1 | | allocation of financial responsibilities for the | 2 | | transportation and recycling of collected residential CEDs | 3 | | among manufacturers participating in a manufacturer e-waste | 4 | | program. To ensure the equitable and efficient allocation of | 5 | | those obligations, the rules adopted by the Pollution Control | 6 | | Board shall include a formula that shall be used by | 7 | | manufacturers to identify their proportional responsibility | 8 | | for the transportation and recycling of collected residential | 9 | | CEDs. The formula developed by the Pollution Control Board | 10 | | shall take into consideration each manufacturer's market and | 11 | | return shares and any other factors the Pollution Control Board | 12 | | deems relevant. The rules adopted by the Pollution Control | 13 | | Board under this Section shall also allow manufacturers to use | 14 | | retail collection sites to satisfy some or all of their | 15 | | responsibilities for the transportation and recycling of | 16 | | collected residential CEDs. | 17 | | (b) To assist the Pollution Control Board, there is hereby | 18 | | created an Advisory Financial Responsibility Allocation Task | 19 | | Force, which shall consist of the following members, to be | 20 | | appointed by the Director of the Environmental Protection | 21 | | Agency: | 22 | | (1) one individual who is a representative of a | 23 | | statewide association representing retailers; | 24 | | (2) one individual who is a representative of a | 25 | | statewide association representing manufacturers; | 26 | | (3) one individual who is a representative of a |
| | | HB1955 Enrolled | - 42 - | LRB100 04571 SMS 14577 b |
|
| 1 | | national association representing manufacturers of | 2 | | consumer electronics; and | 3 | | (4) one individual who is a representative of a | 4 | | national association representing the information | 5 | | technology industry. | 6 | | As soon as practicable after the effective date of this | 7 | | amendatory Act of the 100th General Assembly, members of the | 8 | | Advisory Financial Responsibility Allocation Task Force shall | 9 | | be appointed and meet. The Advisory Financial Responsibility | 10 | | Allocation Task Force shall file with the Pollution Control | 11 | | Board, by no later than October 1, 2017, a rulemaking proposal, | 12 | | which sets forth a system for allocating financial | 13 | | responsibilities for the transportation and recycling of | 14 | | collected CEDs among manufacturers participating in a | 15 | | manufacturer e-waste program. | 16 | | Members of the Advisory Financial Responsibility | 17 | | Allocation Task Force shall serve voluntarily and without | 18 | | compensation. | 19 | | Members of the Advisory Financial Responsibility | 20 | | Allocation Task Force shall elect from their number a | 21 | | chairperson. The Task Force shall meet initially at the call of | 22 | | the Director of the Agency and thereafter at the call of the | 23 | | chairperson. A simple majority of the members of the Task Force | 24 | | shall constitute a quorum for the transaction of business, and | 25 | | all actions and recommendations of the Task Force must be | 26 | | approved by a simple majority of its members. |
| | | HB1955 Enrolled | - 43 - | LRB100 04571 SMS 14577 b |
|
| 1 | | (c) The rulemaking required under this Section shall be | 2 | | conducted in accordance with Title VII of the Environmental | 3 | | Protection Act, except that no signed petitions for the | 4 | | rulemaking proposal shall be required. | 5 | | (d) The Agency shall provide administrative support to the | 6 | | Task Force as needed. | 7 | | (e) The Advisory Financial Responsibility Allocation Task | 8 | | Force is dissolved by operation of law on January 1, 2019. | 9 | | (100SB1417enr., Sec. 1-85)
| 10 | | Sec. 1-85. Advisory Electronics Recycling Task Force Best | 11 | | practices . | 12 | | (a) There is hereby created an Advisory Electronics | 13 | | Recycling Task Force, which shall consist of the following 10 | 14 | | By November 1, 2018 and November 1 of each year thereafter, an | 15 | | advisory stakeholder group shall submit a document, to be | 16 | | approved annually by a majority of the stakeholder group, of | 17 | | agreed-to best practices to be used in the following program | 18 | | year and made available on the Agency website. The best | 19 | | practices stakeholder group shall be made up of 8 members, to | 20 | | be appointed by the Director of the Agency : | 21 | | (1) two individuals who are , including 2 | 22 | | representatives of county recycling programs ; , | 23 | | (2) two individuals who are 2 representatives of | 24 | | recycling companies ; , | 25 | | (3) two individuals who are 2 representatives from the |
| | | HB1955 Enrolled | - 44 - | LRB100 04571 SMS 14577 b |
|
| 1 | | manufacturing industry ; , | 2 | | (4) one individual who is a one representative of from | 3 | | a statewide trade association representing retailers ; , | 4 | | (5) one individual who is a one representative of a | 5 | | statewide trade association representing manufacturers ; , | 6 | | (6) one individual who is a one representative of a | 7 | | statewide trade association representing waste disposal | 8 | | companies ; , and | 9 | | (7) one individual who is a one representative of a | 10 | | national trade association representing manufacturers.
| 11 | | Members of the Task Force shall be appointed as soon as | 12 | | practicable after the effective date of this amendatory Act of | 13 | | the 100th General Assembly, shall serve for 2-year terms, and | 14 | | may be reappointed. Vacancies shall be filled by the Director | 15 | | of the Agency for the remainder of the current term. Members | 16 | | shall serve voluntarily and without compensation. | 17 | | Members shall elect from their number a chairperson, who | 18 | | shall also serve a 2-year term. The Task Force shall meet | 19 | | initially at the call of the Director of the Agency and | 20 | | thereafter at the call of the chairperson. A simple majority of | 21 | | the members of the Task Force shall constitute a quorum for the | 22 | | transaction of business, and all actions and recommendations of | 23 | | the Task Force must be approved by a simple majority of its | 24 | | members. | 25 | | (b) By November 1, 2018, and each November 1 thereafter, | 26 | | the Task Force shall submit, to the Agency for posting on the |
| | | HB1955 Enrolled | - 45 - | LRB100 04571 SMS 14577 b |
|
| 1 | | Agency's website, a list of agreed-to best practices to be used | 2 | | at program collection sites and one-day collection events in | 3 | | the following program year. When establishing best practices, | 4 | | the Task Force shall consider the desired intent to preserve | 5 | | existing collection programs and relationships when possible. | 6 | | (c) The Agency shall provide the Task Force with | 7 | | administrative support as necessary. | 8 | | (Source: 100SB1417enr.) | 9 | | (100SB1417enr, Sec. 1-60 rep.) | 10 | | Section 7. If and only if Senate Bill 1417 of the 100th | 11 | | General Assembly becomes law, then Section 1-60 of the Consumer | 12 | | Electronics Recycling Act is repealed. | 13 | | Section 10. If and only if Senate Bill 1417 of the 100th | 14 | | General Assembly becomes law, then Section 100 of the | 15 | | Electronic Products Recycling and Reuse Act is amended as | 16 | | follows: | 17 | | (415 ILCS 150/100) | 18 | | Sec. 100. Repeal. This Act is repealed on January 1, 2020 | 19 | | 2019 .
| 20 | | (Source: 100SB1417enr.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law or on the date the Consumer Electronics Recycling | 23 | | Act takes effect, whichever is later.
|
|