Full Text of SB2313 95th General Assembly
SB2313enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Electronic Products Recycling and Reuse Act.
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| Section 5. Findings and purpose. | 7 |
| (a) The General Assembly finds all of the following: | 8 |
| (1) Electronic products are the fastest growing | 9 |
| portion of the solid waste stream. In 2005, 2,600,000 tons | 10 |
| of electronic products became obsolete yet only 13% of | 11 |
| those products were recycled. | 12 |
| (2) Many electronic products contain lead, mercury, | 13 |
| cadmium, hexavalent chromium, and other materials that | 14 |
| pose environmental and health risks that must be managed. | 15 |
| (3) Many obsolete electronic products can be recycled | 16 |
| or refurbished for reuse and then returned to the economic | 17 |
| mainstream in the form of raw materials or products. | 18 |
| (4) Electronic products contain metals, plastics, and | 19 |
| leaded glass that have resale value. The reuse of these | 20 |
| components conserves natural resources and energy, and the | 21 |
| reuse also reduces air and water pollution and greenhouse | 22 |
| gas emissions. | 23 |
| (5) A management is necessary to place the reuse and |
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| recycling of obsolete residential electronic products as | 2 |
| the preferred management strategy over incineration and | 3 |
| landfill disposal. | 4 |
| (6) The Illinois Recycling Economic Information Study | 5 |
| of 2001 estimates that the total economic impact of | 6 |
| establishing statewide recycling and reuse programs for | 7 |
| residential electronic products may result in the creation | 8 |
| of nearly 4,000 new jobs and $740 million in annual | 9 |
| receipts. | 10 |
| (7) The State-appointed Computer Equipment Disposal | 11 |
| and Recycling Commission issued a final report in May 2006 | 12 |
| recommending legislative, regulatory, or other actions to | 13 |
| properly address the recycling and reuse of obsolete | 14 |
| residential electronic products. | 15 |
| (b) The purpose of this Act is to set forth procedures by | 16 |
| which the recycling and processing for reuse of covered | 17 |
| electronic devices will be accomplished in Illinois. | 18 |
| Section 10. Definitions. As used in this Act: | 19 |
| "Agency" means the Environmental Protection Agency. | 20 |
| "Cathode-ray tube" means a vacuum tube or picture tube used | 21 |
| to convert an electronic signal into a visual image, such as a | 22 |
| television or computer monitor. | 23 |
| "Collector" means a person who receives covered electronic | 24 |
| devices or eligible electronic devices directly from a | 25 |
| residence for recycling or processing for reuse. "Collector" |
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| includes, but is not limited to, manufacturers, recyclers, and | 2 |
| refurbishers who receive CEDs or EEDs directly from the public. | 3 |
| "Computer", often referred to as a "personal computer" or | 4 |
| "PC", means a desktop or notebook computer as further defined | 5 |
| below and used only in a residence, but does not mean an | 6 |
| automated typewriter, electronic printer, mobile telephone, | 7 |
| portable hand-held calculator, portable digital assistant | 8 |
| (PDA), MP3 player, or other similar device. "Computer" does not | 9 |
| include computer peripherals, commonly known as cables, mouse, | 10 |
| or keyboard. "Computer" is further defined as either: | 11 |
| (1) "Desktop computer", which means an electronic, | 12 |
| magnetic, optical, electrochemical, or other high-speed | 13 |
| data processing device performing logical, arithmetic, or | 14 |
| storage functions for general purpose needs that are met | 15 |
| through interaction with a number of software programs | 16 |
| contained therein, and that is not designed to exclusively | 17 |
| perform a specific type of logical, arithmetic, or storage | 18 |
| function or other limited or specialized application. | 19 |
| Human interface with a desktop computer is achieved through | 20 |
| a stand-alone keyboard, stand-alone monitor, or other | 21 |
| display unit, and a stand-alone mouse or other pointing | 22 |
| device, and is designed for a single user. A desktop | 23 |
| computer has a main unit that is intended to be | 24 |
| persistently located in a single location, often on a desk | 25 |
| or on the floor. A desktop computer is not designed for | 26 |
| portability and generally utilizes an external monitor, |
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| keyboard, and mouse with an external or internal power | 2 |
| supply for a power source. Desktop computer does not | 3 |
| include an automated typewriter or typesetter; or | 4 |
| (2) "Notebook computer", which means an electronic, | 5 |
| magnetic, optical, electrochemical, or other high-speed | 6 |
| data processing device performing logical, arithmetic, or | 7 |
| storage functions for general purpose needs that are met | 8 |
| through interaction with a number of software programs | 9 |
| contained therein, and that is not designed to exclusively | 10 |
| perform a specific type of logical, arithmetic, or storage | 11 |
| function or other limited or specialized application. | 12 |
| Human interface with a notebook computer is achieved | 13 |
| through a keyboard, video display greater than 4 inches in | 14 |
| size, and mouse or other pointing device, all of which are | 15 |
| contained within the construction of the unit that | 16 |
| comprises the notebook computer; supplemental stand-alone | 17 |
| interface devices typically can also be attached to the | 18 |
| notebook computer. Notebook computers can use external, | 19 |
| internal, or batteries for a power source. Notebook | 20 |
| computer does not include a portable hand-held calculator, | 21 |
| or a portable digital assistant or similar specialized | 22 |
| device. A notebook computer has an incorporated video | 23 |
| display greater than 4 inches in size and can be carried as | 24 |
| one unit by an individual. A notebook computer is sometimes | 25 |
| referred to as a laptop computer.
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| "Computer monitor" means an electronic device that is a |
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| cathode-ray tube or flat panel display primarily intended to | 2 |
| display information from a computer and is used only in a | 3 |
| residence. | 4 |
| "Covered electronic device" or "CED" means any computer, | 5 |
| computer monitor, television, or printer that is taken out of | 6 |
| service from a residence in this State regardless of purchase | 7 |
| location. "Covered electronic device" does not include any of | 8 |
| 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. | 26 |
| To the extent allowed under federal and State laws and |
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| regulations, a CED that is being collected, recycled, or | 2 |
| processed for reuse is not considered to be hazardous waste, | 3 |
| household waste, solid waste, or special waste. | 4 |
| "Developmentally disabled" means having a severe | 5 |
| disability, as defined by the Office of Rehabilitation Services | 6 |
| of the Illinois Department of Human Services, that can be | 7 |
| expected to result in death or that has lasted, or is expected | 8 |
| to last, at least 12 months and that prevents working at a | 9 |
| "substantial gainful activity" level.
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| "Dismantling" means the demanufacturing and shredding of a | 11 |
| CED. | 12 |
| "Eligible electronic device" or "EED" means any of the | 13 |
| following electronic products taken out of service from a | 14 |
| residence in this State regardless of purchase location: mobile | 15 |
| telephone; computer cable, mouse, or keyboard; stand-alone | 16 |
| facsimile machine; MP3 player; portable digital assistant | 17 |
| (PDA); video game console, video cassette recorder/player, | 18 |
| digital video disk player, or similar video device; zip drive; | 19 |
| or scanner. To the extent allowed under federal and state laws | 20 |
| and regulations, an EED that is being collected, recycled, or | 21 |
| processed for reuse is not considered to be hazardous waste, | 22 |
| household waste, solid waste, or special waste. | 23 |
| "Low income children and families" mean those children and | 24 |
| families that are subject to the most recent version of the | 25 |
| United States Department of Health and Human Services Federal | 26 |
| Poverty Guidelines. |
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| "Manufacturer" means a person, or a successor in interest | 2 |
| to a person, under whose brand or label a CED is or was sold at | 3 |
| retail. For CEDs sold at retail under a brand or label that is | 4 |
| licensed from a person who is a mere brand owner and who does | 5 |
| not sell or produce the CED, the person who produced the CED or | 6 |
| his or her successor in interest is the manufacturer. For CEDs | 7 |
| sold that were at retail under the brand or label of both the | 8 |
| retail seller and the person that produced the CED, the person | 9 |
| that produced the CED, or his or her successor in interest, is | 10 |
| the manufacturer. A retail seller of CEDs may elect to be the | 11 |
| manufacturer of one or more CEDs if the retail seller provides | 12 |
| written notice to the Agency that it is accepting | 13 |
| responsibility as the manufacturer of the CED under this Act | 14 |
| and identifies the CEDs for which it is electing to be the | 15 |
| manufacturer. | 16 |
| "Municipal joint action agency" means a municipal joint | 17 |
| action agency created under Section 3.2 of the | 18 |
| Intergovernmental Cooperation Act.
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| "Orphan CEDs" means those CEDs that are returned for | 20 |
| recycling, or processing for reuse, whose manufacturer cannot | 21 |
| be identified, or whose manufacturer is no longer conducting | 22 |
| business and has no successor in interest. | 23 |
| "Person" means any individual, partnership, | 24 |
| co-partnership, firm, company, limited liability company, | 25 |
| corporation, association, joint stock company, trust, estate, | 26 |
| political subdivision, State agency, or any other legal entity, |
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| or a legal representative, agent, or assign of that entity. | 2 |
| "Printer" means desktop printers, multifunction printer | 3 |
| copiers, and printer/fax combinations taken out of service from | 4 |
| a residence that are designed to reside on a work surface, and | 5 |
| include various print technologies, including without | 6 |
| limitation laser and LED (electrographic), ink jet, dot matrix, | 7 |
| thermal, and digital sublimation, and "multi-function" or | 8 |
| "all-in-one" devices that perform different tasks, including | 9 |
| without limitation copying, scanning, faxing, and printing. | 10 |
| Printers do not include floor-standing printers, printers with | 11 |
| optional floor stand, point of sale (POS) receipt printers, | 12 |
| household printers such as a calculator with printing | 13 |
| capabilities or label makers, or non-stand-alone printers that | 14 |
| are embedded into products that are not CEDs. | 15 |
| "Processing for reuse" means any method, technique, or | 16 |
| process by which CEDs or EEDs that would otherwise be disposed | 17 |
| of or discarded are instead separated, processed, and returned | 18 |
| to their original intended purposes or to other useful purposes | 19 |
| as electronic devices. | 20 |
| "Program Year" means a calendar year. The first program | 21 |
| year is 2010. | 22 |
| "Recycler" means a person who engages in the recycling of | 23 |
| CEDs or EEDs, but does not include telecommunications carriers, | 24 |
| telecommunications manufacturers, or commercial mobile service | 25 |
| providers with an existing recycling program. | 26 |
| "Recycling" means any method, technique, or process by |
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| which CEDs or EEDs that would otherwise be disposed of or | 2 |
| discarded are instead collected, separated, or processed and | 3 |
| are returned to the economic mainstream in the form of raw | 4 |
| materials or products. "Recycling" includes the collection, | 5 |
| transportation, dismantling, and shredding of the CEDs or EEDs. | 6 |
| "Refurbisher" means any person who processes CEDs or EEDs | 7 |
| for reuse, but does not include telecommunications carriers, | 8 |
| telecommunications manufacturers, or commercial mobile service | 9 |
| providers with an existing recycling program. | 10 |
| "Residence" means a dwelling place or home in which one or | 11 |
| more individuals live. | 12 |
| "Retailer" means a person who sells, rents, or leases, | 13 |
| through sales outlets, catalogues, or the Internet, computers, | 14 |
| computer monitors, or televisions at retail to individuals in | 15 |
| this State. For purposes of this Act, sales to individuals at | 16 |
| retail are considered to be sales for residential use. | 17 |
| "Retailer" includes, but is not limited to, manufacturers who | 18 |
| sell computers, computer monitors, or televisions at retail | 19 |
| directly to individuals in this State. | 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 but does not mean financing or | 24 |
| leasing. | 25 |
| "Television" means an electronic device (i) containing a | 26 |
| cathode-ray tube or flat panel screen the size of which is |
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| greater than 4 inches when measured diagonally, (ii) that is | 2 |
| intended to receive video programming via broadcast, cable, or | 3 |
| satellite transmission or to receive video from surveillance or | 4 |
| other similar cameras, and (iii) that is used only in a | 5 |
| residence. | 6 |
| Section 15. Statewide recycling and reuse goals for all | 7 |
| covered electronic devices. | 8 |
| (a) For program year 2010, the statewide recycling or reuse | 9 |
| goal for all CEDs is the product of: (i) the latest population | 10 |
| estimate for the State, as published on the U.S. Census | 11 |
| Bureau's website on January 1, 2010; multiplied by (ii) 2.5 | 12 |
| pounds per capita. | 13 |
| (b) For program year 2011, the statewide recycling or reuse | 14 |
| goal for all CEDs is the product of: (i) the 2010 base weight; | 15 |
| multiplied by (ii) the 2010 goal attainment percentage. | 16 |
| For the purposes of this subsection (b): | 17 |
| The "2010 base weight" means the greater of: (i) twice the | 18 |
| total weight of all CEDs that were recycled or processed for | 19 |
| reuse between January 1, 2010 and June 30, 2010 as reported to | 20 |
| the Agency under subsection (i) or (j) of Section 30; or (ii) | 21 |
| twice the total weight of all CEDs that were recycled or | 22 |
| processed for reuse between January 1, 2010 and June 30, 2010 | 23 |
| as reported to the Agency under subsection (c) of Section 55. | 24 |
| The "2010 goal attainment percentage" means: | 25 |
| (1) 90% if the 2010 base weight is less than 90% of the |
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| statewide recycling or reuse goal for program year 2010; | 2 |
| (2) 95% if the 2010 base weight is 90% or greater, but | 3 |
| does not exceed 95%, of the statewide recycling or reuse | 4 |
| goal for program year 2010; | 5 |
| (3) 100% if the 2010 base weight is 95% or greater, but | 6 |
| does not exceed 105%, of the statewide recycling or reuse | 7 |
| goal for program year 2010; | 8 |
| (4) 105% if the 2010 base weight is 105% or greater, | 9 |
| but does not exceed 110%, of the statewide recycling or | 10 |
| reuse goal for program year 2010; and | 11 |
| (5) 110% if the 2010 base weight is 110% or greater of | 12 |
| the statewide recycling or reuse goal for program year | 13 |
| 2010. | 14 |
| (c) For program years 2012 and thereafter, the statewide | 15 |
| recycling or reuse goal for all CEDs is the product of: (i) the | 16 |
| base weight; multiplied by (ii) the goal attainment percentage. | 17 |
| For the purposes of this subsection (c): | 18 |
| The "base weight" means the greater of: (i) the total | 19 |
| weight of all CEDs recycled or processed for reuse during the | 20 |
| previous program year as reported to the Agency under | 21 |
| subsection (k) or (l) of Section 30; or (ii) the total weight | 22 |
| of all CEDs recycled or processed for reuse during the previous | 23 |
| program year as reported to the Agency under subsection (d) of | 24 |
| Section 55. | 25 |
| The "goal attainment percentage" means: | 26 |
| (1) 90% if the base weight is less than 90% of the |
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| statewide recycling or reuse goal for the previous program | 2 |
| year; | 3 |
| (2) 95% if the base weight is 90% or greater, but does | 4 |
| not exceed 95%, of the statewide recycling or reuse goal | 5 |
| for the previous program year; | 6 |
| (3) 100% if the base weight is 95% or greater, but does | 7 |
| not exceed 105%, of the statewide recycling or reuse goal | 8 |
| for the previous program year; | 9 |
| (4) 105% if the base weight is 105% or greater, but | 10 |
| does not exceed 110%, of the statewide recycling or reuse | 11 |
| goal for the previous program year; and | 12 |
| (5) 110% if the base weight is 110% or greater of the | 13 |
| statewide recycling or reuse goal for the previous program | 14 |
| year. | 15 |
| Section 16. Statewide recycling or reuse goals for all | 16 |
| television manufacturers. | 17 |
| (a) For program year 2010, the statewide recycling or reuse | 18 |
| goal for television manufacturers is 53% of the statewide goal | 19 |
| for all CEDs under subsection (a) of Section 15. | 20 |
| (b) For program year 2011, the statewide recycling or reuse | 21 |
| goal for television manufacturers is the product of: (i) an | 22 |
| amount equal to the total weight of televisions that were | 23 |
| recycled or processed for reuse between January 1, 2010 and | 24 |
| June 30, 2010, as reported under subsection (i) of Section 30, | 25 |
| divided by the total weight of all CEDs that were recycled or |
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| processed for reuse between January 1, 2010 and June 30, 2010, | 2 |
| as reported under subsection (i) of Section 30; multiplied by | 3 |
| (ii) the statewide recycling or reuse goal for all CEDs under | 4 |
| subsection (b) of Section 15. | 5 |
| (c) For program years 2012 and thereafter, the statewide | 6 |
| recycling or reuse goal for television manufacturers is the | 7 |
| product of: (i) an amount equal to the total weight of | 8 |
| televisions recycled or processed for reuse during the previous | 9 |
| program year, as reported under subsection (d) of Section 20, | 10 |
| divided by the total weight of all CEDs recycled or processed | 11 |
| for reuse, as reported under subsection (d) of Section 20; | 12 |
| multiplied by (ii) the statewide recycling or reuse goal for | 13 |
| all CEDs under subsection (c) of Section 15. | 14 |
| Section 17. Statewide recycling or reuse goals for all | 15 |
| computer, computer monitor, and printer manufacturers. | 16 |
| (a) For program year 2010, the statewide recycling or reuse | 17 |
| goal for computer, computer monitor, and printer manufacturers | 18 |
| is 47% of the statewide goal for all CEDs under subsection (a) | 19 |
| of Section 15. | 20 |
| (b) For program year 2011, the statewide recycling or reuse | 21 |
| goal for computer, computer monitor, and printer manufacturers | 22 |
| is the product of: (i) an amount equal to the total weight of | 23 |
| computers, computer monitors, and printers that were recycled | 24 |
| or processed for reuse between January 1, 2010 and June 30, | 25 |
| 2010, as reported under subsection (j) of Section 30, divided |
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| by the total weight of all CEDs that were recycled or processed | 2 |
| for reuse between January 1, 2010 and June 30, 2010, as | 3 |
| reported under subsection (j) of Section 30; multiplied by (ii) | 4 |
| statewide recycling or reuse goal for all CEDs under subsection | 5 |
| (b) of Section 15. | 6 |
| (c) For program years 2012 and thereafter, the statewide | 7 |
| recycling or reuse goal for computer, computer monitor, and | 8 |
| printer manufacturers is the product of: (i) an amount equal to | 9 |
| the total weight of computers, computer monitors, and printers | 10 |
| recycled or processed for reuse during the previous program | 11 |
| year, as reported under subsection (d) of Section 20, divided | 12 |
| by the total weight of all CEDs recycled or processed for | 13 |
| reuse, as reported under subsection (d) of Section 20; | 14 |
| multiplied by (ii) statewide recycling or reuse goal for all | 15 |
| CEDs under subsection (c) of Section 15. | 16 |
| Section 18. Determination of market shares and return | 17 |
| shares. | 18 |
| (a) The recycling or reuse goal for each television | 19 |
| manufacturer is based upon that manufacturer's market share. | 20 |
| The market share for each television manufacturer is the | 21 |
| following: | 22 |
| (1) For program year 2010, the quotient of: (i) the | 23 |
| total weight of the manufacturer's televisions that were | 24 |
| sold at retail in this State to individuals between October | 25 |
| 1, 2008 and March 31, 2009, as reported under subsection |
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| (h) of Section 30; divided by (ii) the total weight of all | 2 |
| televisions that were sold at retail in this State to | 3 |
| individuals between October 1, 2008 and March 31, 2009, as | 4 |
| reported under subsection (h) of Section 30. | 5 |
| (2) For program year 2011, the quotient of: (i) the | 6 |
| total weight of the manufacturer's televisions that were | 7 |
| sold at retail in this State to individuals between January | 8 |
| 1, 2010 and June 30, 2010, as reported under subsection (i) | 9 |
| of Section 30; divided by (ii) the total weight of all | 10 |
| televisions that were sold at retail in this State to | 11 |
| individuals between January 1, 2010 and June 30, 2010, as | 12 |
| reported under subsection (i) of Section 30. | 13 |
| (3) For program years 2012 and thereafter, the quotient | 14 |
| of: (i) the total weight of the manufacturer's televisions | 15 |
| that were sold at retail in this State to individuals | 16 |
| during the previous program year, as reported under | 17 |
| subsection (k) of Section 30; divided by (ii) the total | 18 |
| weight of all televisions sold at retail in this State to | 19 |
| individuals during the previous program year, as reported | 20 |
| under subsection (k) of Section 30. | 21 |
| (b) The recycling or reuse goals for each manufacturer of | 22 |
| computers, computer monitors, or printers is based upon that | 23 |
| manufacturer's return share. The return share for each | 24 |
| manufacturer of computers or computer monitors is the | 25 |
| following: | 26 |
| (1) For program year 2010, the return share for each |
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| manufacturer shall be determined using
the information the | 2 |
| Florida Department of Environmental Protection used to | 3 |
| create its October 5, 2007, report entitled "Quantifying | 4 |
| Electronic Product Brand Market Share as a Metric for | 5 |
| Apportioning Manufacturer Share of Recycling System | 6 |
| Costs". Using the same information that was used to | 7 |
| generate Tables 6 and 9 of the report, a manufacturer's | 8 |
| return share shall be equal to the quotient of: (i) the sum | 9 |
| of the number of the manufacturer's computers received for | 10 |
| recycling plus the number of the manufacturer's computer | 11 |
| monitors received for recycling, plus the number of the | 12 |
| manufacturer's printers received for recycling, divided by | 13 |
| (ii) the sum of the total number of computers received for | 14 |
| recycling plus the total number of computer monitors | 15 |
| received for recycling, plus the sum of the total number of | 16 |
| printers received for recycling.
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| (2) For program year 2011, the quotient of: (i) the | 18 |
| total weight of the manufacturer's computers, computer | 19 |
| monitors, and printers that were taken out of service from | 20 |
| a residence in this State and recycled or processed for | 21 |
| reuse between January 1, 2010 and June 30, 2010, as | 22 |
| reported under subsection (j) of Section 30; divided by | 23 |
| (ii) the total weight of all computers, computer monitors, | 24 |
| and printers that were taken out of service from a | 25 |
| residence in this State and recycled or processed for reuse | 26 |
| between January 1, 2010 and June 30, 2010, as reported |
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| under subsection (j) of Section 30. | 2 |
| (3) For program years 2012 and thereafter, the quotient | 3 |
| of: (i) the total weight of the manufacturer's computers, | 4 |
| computer monitors, and printers that were taken out of | 5 |
| service from a residence in this State and recycled or | 6 |
| processed for reuse during the previous program year, as | 7 |
| reported under subsection (l) of Section 30; divided by | 8 |
| (ii) the total weight of all computers, computer monitors, | 9 |
| and printers that were taken out of service from a | 10 |
| residence in this State and recycled or processed for reuse | 11 |
| during the previous program year, as reported under | 12 |
| subsection (l) of Section 30. | 13 |
| Section 19. Recycling or reuse goals for individual | 14 |
| manufacturers. | 15 |
| (a) The individual recycling and reuse goal for each | 16 |
| television manufacturer is the product of (i) the statewide | 17 |
| goal for the recycling and reuse for all television | 18 |
| manufacturers under Section 16; multiplied by (ii) that | 19 |
| manufacturer's market share under subsection (a) of Section 18. | 20 |
| (b) The individual recycling and reuse goal for each | 21 |
| manufacturer of computers, computer monitors, or printers is | 22 |
| the product of (i) the statewide goal for the recycling and | 23 |
| reuse for all all computer, computer monitor, and printer | 24 |
| manufacturers under Section 17; multiplied by (ii) that | 25 |
| manufacturer's return share under subsection (b) of Section 18. |
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| 1 |
| Section 20. Agency responsibilities. | 2 |
| (a) The Agency has the authority to monitor compliance with | 3 |
| this Act and to refer violations of this Act to the Attorney | 4 |
| General. | 5 |
| (b) No later than October 1 of each program year, the | 6 |
| Agency shall post on its website a list of underserved counties | 7 |
| in the State for the next program year. The list of underserved | 8 |
| counties for the first program year is set forth in subsection | 9 |
| (a) of Section 60. | 10 |
| (c) By July 1, 2009, the Agency shall implement a county | 11 |
| and municipal government education campaign to inform those | 12 |
| entities about this Act and the implications on solid waste | 13 |
| collection in their localities. | 14 |
| (d) By July 1, 2011 for the first program year, and by | 15 |
| April 1 for all subsequent program years, the Agency shall | 16 |
| report to the Governor and to the General Assembly annually on | 17 |
| the previous program year's performance. The report must be | 18 |
| posted on the Agency's website. The report must include, but | 19 |
| not be limited to, the following: | 20 |
| (1) the total overall weight of CEDs, as well as the | 21 |
| sub-total weight of computers, the sub-total weight of | 22 |
| computer monitors, the sub-total weight of printers, the | 23 |
| sub-total weight of televisions, and the total weight of | 24 |
| EEDs that were recycled or processed for reuse in the State | 25 |
| during the program year, as reported by manufacturers and |
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| collectors under Sections 30 and 55; | 2 |
| (2) a listing of all collection sites as set forth | 3 |
| under subsection (e) of Section 55; | 4 |
| (3) a statement of the manufacturers' progress toward | 5 |
| achieving the statewide recycling goal set forth in Section | 6 |
| 15 (calculated from the manufacturer reports pursuant to | 7 |
| Section 30 and the collector reports pursuant to Section | 8 |
| 55) and any identified State actions that may help expand | 9 |
| collection opportunities to help manufacturers achieve the | 10 |
| statewide recycling goal; | 11 |
| (4) a listing of any manufacturers whom the Agency | 12 |
| referred to the Attorney General's Office for enforcement | 13 |
| as a result of a violation of this Act; | 14 |
| (5) a discussion of the Agency's education and outreach | 15 |
| activities; and | 16 |
| (6) a discussion of the penalties, if any, incurred by | 17 |
| manufacturers for failure to achieve recycling goals, and a | 18 |
| recommendation to the General Assembly of any necessary or | 19 |
| appropriate changes to the statewide recycling goals, | 20 |
| manufacturer's recycling goals, or penalty provisions | 21 |
| included in this Act. | 22 |
| (e) The Agency shall post on its website (1) a list of | 23 |
| manufacturers that have paid the current year's registration | 24 |
| fee as set forth in Section 30(b) and (2) a list of registered | 25 |
| collectors to whom Illinois residents can bring CEDs and EEDs | 26 |
| for recycling or processing for reuse, including links to the |
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SB2313 Enrolled |
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| collectors' websites and the collectors' phone numbers. | 2 |
| (f) In program years 2012, 2013, and 2014, and at its | 3 |
| discretion thereafter, the Agency shall convene and host an | 4 |
| Electronic Products Recycling Conference. The Agency may host | 5 |
| the conferences alone or with other public entities or with | 6 |
| organizations associated with electronic products recycling. | 7 |
| (g) No later than October 1 of each program year, the | 8 |
| Agency must post on its website the following information for | 9 |
| the next program year: | 10 |
| (1) The overall statewide recycling and reuse goal for | 11 |
| CEDs, as well as the sub-goals for televisions, and | 12 |
| computers, computer monitors, and printers as set forth in | 13 |
| Section 15. | 14 |
| (2) The market shares of television manufacturers and | 15 |
| the return shares of computer, computer monitor, and | 16 |
| printer manufacturers, as set forth in Section 18, and | 17 |
| (3) The individual recycling and reuse goals for each | 18 |
| manufacturer, as set forth in Section 19. | 19 |
| (h) By April 1, 2011, and by April 1 of all subsequent | 20 |
| years, the Agency shall recognize those manufacturers that have | 21 |
| met or exceeded their recycling or reuse goals for the previous | 22 |
| program year. Such recognition shall be the awarding to all | 23 |
| such manufacturers of an Electronic Industry Recycling Award, | 24 |
| which shall be recognized on the Agency website and other media | 25 |
| as appropriate. | 26 |
| (i) By March 1, 2011, and by March 1 of each subsequent |
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LRB095 19031 BDD 45208 b |
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| year, the Agency shall post on its website a list of registered | 2 |
| manufacturers that have not met their annual recycling and | 3 |
| reuse goal for the previous program year.
| 4 |
| j) By July 1, 2012, the Agency shall solicit written | 5 |
| comments regarding all aspects of the program codified in this | 6 |
| Act, for the purpose of determining if the program requires any | 7 |
| modifications. | 8 |
| (1) Issues to be reviewed by the Agency are, but not | 9 |
| limited to, the following: | 10 |
| (A) Sufficiency of the annual statewide recycling | 11 |
| goals. | 12 |
| (B) Fairness of the formulas used to determine | 13 |
| individual manufacturer goals. | 14 |
| (C) Adequacy of, or the need for, continuation of | 15 |
| the credits outlined in Section 30(d)(1) through (3). | 16 |
| (D) Any temporary recissions of county landfill | 17 |
| bans granted by the Illinois Pollution Control Board | 18 |
| pursuant to Section 95(e). | 19 |
| (E) Adequacy of, or the need for, the penalties | 20 |
| listed in Section 80 of this Act, which are scheduled | 21 |
| to take effect on January 1, 2013. | 22 |
| (F) Adequacy of the collection systems that have | 23 |
| been implemented as a result of this Act, with a | 24 |
| particular focus on promoting the most cost-effective | 25 |
| and convenient collection system possible for Illinois | 26 |
| residents. |
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| (2) By July 1, 2012, the Agency shall complete its | 2 |
| review of the written comments received, as well as its own | 3 |
| reports on program years 2010 and 2011. By August 1, 2012, | 4 |
| the Agency shall hold a public hearing to present its | 5 |
| findings and solicit additional comments. All additional | 6 |
| comments shall be submitted to the Agency in writing no | 7 |
| later than October 1, 2012. | 8 |
| (3) The Agency's final report, which shall be issued no | 9 |
| later than February 1, 2013, shall be submitted to the | 10 |
| Governor and the General Assembly and shall include | 11 |
| specific recommendations for any necessary or appropriate | 12 |
| modifications to the program. | 13 |
| Section 30. Manufacturer responsibilities. | 14 |
| (a) Prior to April 1, 2009 for the first program year, and | 15 |
| by October 1 for program year 2011 and thereafter, | 16 |
| manufacturers whose computers, computer monitors, printers, or | 17 |
| televisions are sold in this State must register with the | 18 |
| Agency. The registration must be submitted in the form and | 19 |
| manner required by the Agency. The registration must include, | 20 |
| without limitation, all of the following: | 21 |
| (1) a list of all of the manufacturer's brands of | 22 |
| computers, computer monitors, printers, or televisions to | 23 |
| be offered for sale in the next program year; | 24 |
| (2) for manufacturers of both televisions and | 25 |
| computers, computer monitors, or printers, an |
|
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| identification of whether, for residential use, (i) | 2 |
| televisions or (ii) computers, computer monitors, and | 3 |
| printers, represent the larger number of units sold for the | 4 |
| manufacturer; and | 5 |
| (3) a statement disclosing whether: | 6 |
| (A) any computer, computer monitor, printer, or | 7 |
| television sold in this State exceeds the maximum | 8 |
| concentration values established for lead, mercury, | 9 |
| cadmium, hexavalent chromium, polybrominated biphenyls | 10 |
| (PBBs), and polybrominated diphenyl ethers (PBDEEs) | 11 |
| under the RoHS (restricting the use of certain | 12 |
| hazardous substances in electrical and electronic | 13 |
| equipment) Directive 2002/95/EC of the European | 14 |
| Parliament and Council and any amendments thereto and, | 15 |
| if so, an identification of that computer, computer | 16 |
| monitor, or television; or | 17 |
| (B) the manufacturer has received an exemption | 18 |
| from one or more of those maximum concentration values | 19 |
| under the RoHS Directive that has been approved and | 20 |
| published by the European Commission. | 21 |
| If, during the program year, a manufacturer's computer, | 22 |
| computer monitor, printer, or television is sold or offered for | 23 |
| sale under a new brand that is not listed in the manufacturer's | 24 |
| registration, then, within 30 days after the first sale or | 25 |
| offer for sale under the new brand, the manufacturer must amend | 26 |
| its registration to add the new brand. |
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| (b) Prior to July 1, 2009 for the first program year, and | 2 |
| by the November 1 preceding program years 2011 and later, all | 3 |
| manufacturers whose computers, computer monitors, or | 4 |
| televisions are sold in the State shall submit to the Agency, | 5 |
| at an address prescribed by the Agency, the registration fee | 6 |
| for the next program year. The registration fee for program | 7 |
| year 2010 is $5,000. | 8 |
| For program years 2011 and later, the registration fee is | 9 |
| increased each year by an inflation factor determined by the | 10 |
| annual Implicit Price Deflator for Gross National Product, as | 11 |
| published by the U.S. Department of Commerce in its Survey of | 12 |
| Current Business. The inflation factor must be calculated each | 13 |
| year by dividing the latest published annual Implicit Price | 14 |
| Deflator for Gross National Product by the annual Implicit | 15 |
| Price Deflator for Gross National Product for the previous | 16 |
| year. The inflation factor must be rounded to the nearest | 17 |
| 1/100th, and the resulting registration fee must be rounded to | 18 |
| the nearest whole dollar. No later than October 1 of each | 19 |
| program year, the Agency shall post on its website the | 20 |
| registration fee for the next program year. | 21 |
| (c) A manufacturer whose computers, computer monitors, | 22 |
| printers, or televisions are first sold or offered for sale in | 23 |
| this State on or after January 1 of a program year must | 24 |
| register with the Agency in accordance with subsection (a) of | 25 |
| this Section and submit the registration fee required under | 26 |
| subsection (b) of this Section prior to the manufacturer's |
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| computers, computer monitors, printers, or televisions being | 2 |
| sold or offered for sale. | 3 |
| (d) Each manufacturer shall recycle or process for reuse | 4 |
| CEDs and EEDs whose total weight equals or exceeds the | 5 |
| manufacturer's individual recycling and reuse goal set forth in | 6 |
| Section 19 of this Act. Individual consumers may not be charged | 7 |
| an end-of-life fee when bringing their CEDs and EEDs to | 8 |
| permanent or temporary collection locations, unless a | 9 |
| financial incentive of equal or greater value, such as a | 10 |
| coupon, is provided. Collectors may charge a fee for premium | 11 |
| services such as curbside collection, home pick-up, or a | 12 |
| similar method of collection. | 13 |
| When determining whether a manufacturer has met or exceeded | 14 |
| its individual recycling and reuse goal set forth in Section 19 | 15 |
| of this Act, all of the following adjustments must be made: | 16 |
| (1) The total weight of CEDs processed for reuse by the | 17 |
| manufacturer, its recyclers, or its refurbishers is | 18 |
| doubled. | 19 |
| (2) The total weight of CEDs is tripled if they are | 20 |
| donated for reuse by the manufacturer to a primary or | 21 |
| secondary public education institution or to a | 22 |
| not-for-profit entity that is established under Section | 23 |
| 501(c)(3) of the Internal Revenue Code of 1986 and whose | 24 |
| principal mission is to assist low-income children or | 25 |
| families or to assist the developmentally disabled in | 26 |
| Illinois. This subsection applies only to CEDs for which |
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SB2313 Enrolled |
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| 1 |
| the manufacturer has received a written confirmation that | 2 |
| the recipient has accepted the donation. Copies of all | 3 |
| written confirmations must be submitted in the annual | 4 |
| report required under Section 30. | 5 |
| (3) The total weight of CEDs collected by manufacturers | 6 |
| free of charge in underserved counties is doubled. This | 7 |
| subsection applies only to CEDs that are documented by | 8 |
| collectors as being collected or received free of charge in | 9 |
| underserved counties. This documentation must include, | 10 |
| without limitation, the date and location of collection or | 11 |
| receipt, the weight of the CEDs collected or received, and | 12 |
| an acknowledgement by the collector that the CEDs were | 13 |
| collected or received free of charge. Copies of the | 14 |
| documentation must be submitted in the annual report | 15 |
| required under subsection (h), (i), (j), (k), or (l) of | 16 |
| Section 30. | 17 |
| (e) Manufacturers of computers, computer monitors, or | 18 |
| printers, either individually or collectively, shall hire an | 19 |
| independent third-party auditor to perform statistically | 20 |
| significant return share samples of CEDs received by recyclers | 21 |
| and refurbishers for recycling or processing for reuse. Each | 22 |
| third-party auditor shall perform a return share sample of CEDs | 23 |
| for at least one 8-hour period, once a quarter during the | 24 |
| program year at the facility of each registered recycler and | 25 |
| refurbisher under contract with the manufacturer or group of | 26 |
| manufacturers that has hired the auditor. The audit shall |
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SB2313 Enrolled |
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| 1 |
| contain the following data: | 2 |
| (1) the number and weight of
CEDs, sorted by brand name | 3 |
| and product type, including a category for orphan CEDs; | 4 |
| (2) the total weight of the sample by product type; | 5 |
| (3) the date, location, and time of the
sampling; | 6 |
| (4) the name or names of the manufacturer for whom the | 7 |
| recycler is
performing activities under this Act; and | 8 |
| (5) a certification by the third-party auditor that
the | 9 |
| sampling is statistically significant and, if not, an | 10 |
| explanation as to what occurred to
render the sampling | 11 |
| insignificant. | 12 |
| The manufacturer shall notify the Agency 30 days prior to | 13 |
| the third-party auditor's return share sampling by providing | 14 |
| the Agency with the time and date on which the third-party | 15 |
| auditor will perform the return share sample. The Agency may, | 16 |
| at its discretion, be present at any sampling event and may | 17 |
| audit the methodology and the results of the third-party | 18 |
| auditor. | 19 |
| No less than 30 days after the close of each calendar | 20 |
| quarter, the manufacturer shall submit to the Agency the | 21 |
| results of the third-party samplings conducted during the | 22 |
| quarter. The results shall be submitted in the form and manner | 23 |
| required by the Agency. | 24 |
| (f) Manufacturers shall ensure that only recyclers and | 25 |
| refurbishers that have registered with the Agency are used to | 26 |
| meet the individual recycling and reuse goals set forth in this |
|
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SB2313 Enrolled |
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| Act. | 2 |
| (g) Manufacturers shall ensure that the recyclers and | 3 |
| refurbishers used to meet the individual recycling and reuse | 4 |
| goals set forth in this Act shall, at a minimum, comply with | 5 |
| the standards set forth under subsection (d) of Section 50 of | 6 |
| this Act. | 7 |
| (h) By August 15, 2009, television manufacturers shall | 8 |
| submit to the Agency, in the form and manner required by the | 9 |
| Agency, a report that contains the total weight of televisions | 10 |
| sold under each of the manufacturer's brands to individuals at | 11 |
| retail in this State, as set forth in the reports to | 12 |
| manufacturers by retailers under subsection (c) of Section 40. | 13 |
| (i) No later than September 1, 2010, television | 14 |
| manufacturers must submit to the Agency, in the form and manner | 15 |
| required by the Agency, a report for the period January 1, 2010 | 16 |
| through June 30, 2010 that contains the following information: | 17 |
| (1) the total weight of televisions sold under each of | 18 |
| the manufacturer's brands to individuals at retail in this | 19 |
| State, as set forth in the reports submitted under | 20 |
| subsection (d) of Section 40; and | 21 |
| (2) the total weight of computers, the total weight of | 22 |
| computer monitors, the total weight of printers, the total | 23 |
| weight of televisions, and the total weight of EEDs | 24 |
| recycled or processed for reuse. | 25 |
| (j) By August 15, 2010, computer, computer monitor, and | 26 |
| printer manufacturers shall submit to the Agency, on forms and |
|
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| 1 |
| in a format prescribed by the Agency, a report for the period | 2 |
| January 1, 2010 through June 30, 2010 that contains the total | 3 |
| weight of computers, the total weight of computer monitors, the | 4 |
| total weight of printers, the total weight of televisions, and | 5 |
| the total weight of EEDs, recycled or processed for reuse. | 6 |
| (k) No later than April 1 of program years 2011 and | 7 |
| thereafter, television manufacturers shall submit to the | 8 |
| Agency, in the form and manner required by the Agency, a report | 9 |
| that contains the following information for the previous | 10 |
| program year: | 11 |
| (1) the total weight of televisions sold under each of | 12 |
| the manufacturer's brands to individuals at retail in this | 13 |
| State, as set forth in the reports submitted under | 14 |
| subsection (e) of Section 40; | 15 |
| (2) the total weight of computers, the total weight of | 16 |
| computer monitors, the total weight of printers, the total | 17 |
| weight of televisions, and the total weight of EEDs | 18 |
| recycled or processed for reuse; | 19 |
| (3) the identification of all weights that are adjusted | 20 |
| under subsection (d) of this Section. For all weights | 21 |
| adjusted under item (2) of subsection (d), the manufacturer | 22 |
| must include copies of the written confirmation required | 23 |
| under that subsection; | 24 |
| (4) a list of each recycler, refurbisher, and collector | 25 |
| used by the manufacturer to fulfill the manufacturer's | 26 |
| individual recycling and reuse goal set forth in Section 19 |
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| of this Act; | 2 |
| (5) a summary of the manufacturer's consumer education | 3 |
| program required under subsection (m) of this Section. | 4 |
| (l) No later than April 1 of program years 2011 and | 5 |
| thereafter, computer, computer monitor, and printer | 6 |
| manufacturers shall submit to the Agency, on forms and in a | 7 |
| format prescribed by the Agency, a report that contains the | 8 |
| following information for the previous program year: | 9 |
| (1) the total weight of computers, the total weight of | 10 |
| computer monitors, the total weight of printers, the total | 11 |
| weight of televisions, and the total weight of EEDs | 12 |
| recycled or processed for reuse; | 13 |
| (2) the identification of all weights that are adjusted | 14 |
| under subsection (d) of this Section. For all weights | 15 |
| adjusted under item (2) of subsection (d), the manufacturer | 16 |
| must include copies of the written confirmation required | 17 |
| under that subsection; | 18 |
| (3) a list of each recycler, refurbisher, and collector | 19 |
| used by the manufacturer to fulfill the manufacturer's | 20 |
| individual recycling and reuse goal set forth in subsection | 21 |
| (c) of Section 15 of this Act;
and | 22 |
| (4) a summary of the manufacturer's consumer education | 23 |
| program required under subsection (m) of this Section.
| 24 |
| (m) Manufacturers must develop and maintain a consumer | 25 |
| education program that complements and corresponds to the | 26 |
| primary retailer-driven campaign required under Section 40 of |
|
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SB2313 Enrolled |
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| this Act. The education program shall promote the recycling of | 2 |
| electronic products and proper end-of-life management of the | 3 |
| products by consumers. | 4 |
| (n) Beginning January 1 2010, no manufacturer may sell a | 5 |
| computer, computer monitor, printer, or television in this | 6 |
| State unless the manufacturer is registered with the State as | 7 |
| required under this Act, has paid the required registration | 8 |
| fee, and is otherwise in compliance with the provisions of this | 9 |
| Act. | 10 |
| (o) Beginning January 1, 2010, no manufacturer may sell a | 11 |
| computer, computer monitor, printer, or television in this | 12 |
| State unless the manufacturer's brand name is permanently | 13 |
| affixed to, and is readily visible on, the computer, computer | 14 |
| monitor, printer, or television. | 15 |
| Section 40. Retailer responsibilities. | 16 |
| (a) Retailers shall be a primary source of information | 17 |
| about end-of-life options to residential consumers of | 18 |
| computers, computer monitors, printers, and televisions. At | 19 |
| the time of sale, the retailer shall provide each residential | 20 |
| consumer with information from the Agency's website that | 21 |
| provides information detailing where and how a consumer can | 22 |
| recycle a CED or return a CED for reuse. | 23 |
| (b) Beginning January 1, 2010, no retailer may sell or | 24 |
| offer for sale any computer, computer monitor, printer, or | 25 |
| television in or for delivery into this State unless: |
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|
|
SB2313 Enrolled |
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| 1 |
| (1) the computer, computer monitor, printer, or | 2 |
| television is labeled with a brand and the label is
| 3 |
| permanently affixed and readily visible; and | 4 |
| (2) the manufacturer is registered with the Agency and | 5 |
| has paid the required registration fee as required under | 6 |
| Section 20 of this Act. | 7 |
| This subsection (b) does not apply to any computer, computer | 8 |
| monitor, printer, or television that was purchased prior to | 9 |
| January 1, 2010. | 10 |
| (c) By July 1, 2009, retailers shall report to each | 11 |
| television manufacturer, by model, the number of televisions | 12 |
| sold at retail to individuals in this State under each of the | 13 |
| manufacturer's brands during the 6-month period from October 1, | 14 |
| 2008 through March 31, 2009. | 15 |
| (d) By August 1, 2010, retailers shall report to each | 16 |
| television manufacturer, by model, the number of televisions | 17 |
| sold at retail to individuals in this State under each of the | 18 |
| manufacturer's brands between January 1, 2010 and June 30, | 19 |
| 2010. | 20 |
| (e) No later than February 15 of each program year, | 21 |
| retailers shall report to each television manufacturer, by | 22 |
| model, the number of televisions sold at retail to individuals | 23 |
| in this State under each of the manufacturer's brands during | 24 |
| the previous program year. | 25 |
| Section 50. Recycler and refurbisher registration. |
|
|
|
SB2313 Enrolled |
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| 1 |
| (a) Prior to January 1 of each program year, each recycler | 2 |
| and refurbisher must register with the Agency and submit a | 3 |
| registration fee pursuant to subsection (b) for that program | 4 |
| year. Registration must be on forms and in a format prescribed | 5 |
| by the Agency and shall include, but not be limited to, the | 6 |
| address of each location where the recycler or refurbisher | 7 |
| manages CEDs or EEDs and identification of each location at | 8 |
| which the recycler or refurbisher accepts CEDs or EEDs from a | 9 |
| residence. | 10 |
| (b) The registration fee for program year 2010 is $2,000. | 11 |
| For program years 2011 and thereafter, the registration fee is | 12 |
| increased each year by an inflation factor determined by the | 13 |
| annual Implicit Price Deflator for Gross National Product as | 14 |
| published by the U.S. Department of Commerce in its Survey of | 15 |
| Current Business. The inflation factor must be calculated each | 16 |
| year by dividing the latest published annual Implicit Price | 17 |
| Deflator for Gross National Product by the annual Implicit | 18 |
| Price Deflator for Gross National Product for the previous | 19 |
| year. The inflation factor must be rounded to the nearest | 20 |
| 1/100th, and the resulting registration fee must be rounded to | 21 |
| the nearest whole dollar. No later than October 1 of each | 22 |
| program year, the Agency shall post on its website the | 23 |
| registration fee for the next program year. | 24 |
| (c) No person may act as a recycler or a refurbisher of | 25 |
| CEDs for a manufacturer obligated to meet goals under this Act | 26 |
| unless the recycler or refurbisher is registered and has paid |
|
|
|
SB2313 Enrolled |
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| 1 |
| the registration fee as required under this Section. | 2 |
| (d) Recyclers and refurbishers must, at a minimum, comply | 3 |
| with all of the following: | 4 |
| (1) Recyclers and refurbishers must comply with | 5 |
| federal, State, and local laws and regulations, including | 6 |
| federal and State minimum wage laws, specifically relevant | 7 |
| to the handling, processing, refurbishing and recycling of | 8 |
| residential CEDs and must have proper authorization by all | 9 |
| appropriate governing authorities to perform the handling, | 10 |
| processing, refurbishment, and recycling. | 11 |
| (2) Recyclers and refurbishers must implement the | 12 |
| appropriate measures to safeguard occupational and | 13 |
| environmental health and safety, through the following: | 14 |
| (A) environmental health and safety training of | 15 |
| personnel, including training with regard to material | 16 |
| and equipment handling, worker exposure, controlling | 17 |
| releases, and safety and emergency procedures; | 18 |
| (B) an up-to-date, written plan for the | 19 |
| identification and management of hazardous materials; | 20 |
| and | 21 |
| (C) an up-to-date, written plan for reporting and | 22 |
| responding to exceptional pollutant releases, | 23 |
| including emergencies such as accidents, spills, | 24 |
| fires, and explosions. | 25 |
| (3) Recyclers and refurbishers must maintain (i) | 26 |
| commercial general liability insurance or the equivalent |
|
|
|
SB2313 Enrolled |
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| 1 |
| corporate guarantee for accidents and other emergencies | 2 |
| with limits of not less than $1,000,000 per occurrence and | 3 |
| $1,000,000 aggregate and (ii) pollution legal liability | 4 |
| insurance with limits not less than $1,000,000 per | 5 |
| occurrence for companies engaged solely in the dismantling | 6 |
| activities and $5,000,000 per occurrence for companies | 7 |
| engaged in recycling. | 8 |
| (4) Recyclers and refurbishers must maintain on file | 9 |
| documentation that demonstrates the completion of an | 10 |
| environmental health and safety audit completed and | 11 |
| certified by a competent internal and external auditor | 12 |
| annually. A competent auditor is an individual who, through | 13 |
| professional training or work experience, is appropriately | 14 |
| qualified to evaluate the environmental health and safety | 15 |
| conditions, practices, and procedures of the facility. | 16 |
| Documentation of auditors' qualifications must be | 17 |
| available for inspection by Agency officials and | 18 |
| third-party auditors. | 19 |
| (5) Recyclers and refurbishers must maintain on file | 20 |
| proof of workers' compensation and employers' liability | 21 |
| insurance. | 22 |
| (6) Recyclers and refurbishers must provide adequate | 23 |
| assurance (such as bonds or corporate guarantee) to cover | 24 |
| environmental and other costs of the closure of the | 25 |
| recycler or refurbisher's facility, including cleanup of | 26 |
| stockpiled equipment and materials. |
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| 1 |
| (7) Recyclers and refurbishers must apply due | 2 |
| diligence principles to the selection of facilities to | 3 |
| which components and materials (such as plastics, metals, | 4 |
| and circuit boards) from CEDs and EEDs are sent for reuse | 5 |
| and recycling. | 6 |
| (8) Recyclers and refurbishers must establish a | 7 |
| documented environmental management system that is | 8 |
| appropriate in level of detail and documentation to the | 9 |
| scale and function of the facility, including documented | 10 |
| regular self-audits or inspections of the recycler or | 11 |
| refurbisher's environmental compliance at the facility. | 12 |
| (9) Recyclers and refurbishers must use the | 13 |
| appropriate equipment for the proper processing of | 14 |
| incoming materials as well as controlling environmental | 15 |
| releases to the environment. The dismantling operations | 16 |
| and storage of CED and EED components that contain | 17 |
| hazardous substances must be conducted indoors and over | 18 |
| impervious floors. Storage areas must be adequate to hold | 19 |
| all processed and unprocessed inventory. When heat is used | 20 |
| to soften solder and when CED and EED components are | 21 |
| shredded, operations must be designed to control indoor and | 22 |
| outdoor hazardous air emissions. | 23 |
| (10) Recyclers and refurbishers must establish a | 24 |
| system for identifying and properly managing components | 25 |
| (such as circuit boards, batteries, CRTs, and mercury | 26 |
| phosphor lamps) that are removed from CEDs and EEDs during |
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SB2313 Enrolled |
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| 1 |
| disassembly. Recyclers and refurbishers must properly | 2 |
| manage all hazardous and other components requiring | 3 |
| special handling from CEDs and EEDs consistent with | 4 |
| federal, State, and local laws and regulations. Recyclers | 5 |
| and refurbishers must provide visible tracking (such as | 6 |
| hazardous waste manifests or bills of lading) of hazardous | 7 |
| components and materials from the facility to the | 8 |
| destination facilities and documentation (such as | 9 |
| contracts) stating how the destination facility processes | 10 |
| the materials received. No recycler or refurbisher may | 11 |
| send, either directly or through intermediaries, hazardous | 12 |
| wastes to solid waste (non-hazardous waste) landfills or to | 13 |
| non-hazardous waste incinerators for disposal or energy | 14 |
| recovery. For the purpose of these guidelines, smelting of | 15 |
| hazardous wastes to recover metals for reuse in conformance | 16 |
| with all applicable laws and regulations is not considered | 17 |
| disposal or energy recovery. | 18 |
| (11) Recyclers and refurbishers must use a regularly | 19 |
| implemented and documented monitoring and record-keeping | 20 |
| program that tracks inbound CED and EED material weights | 21 |
| (total) and subsequent outbound weights (total to each | 22 |
| destination), injury and illness rates, and compliance | 23 |
| with applicable permit parameters including monitoring of | 24 |
| effluents and emissions. Recyclers and refurbishers must | 25 |
| maintain contracts or other documents, such as sales | 26 |
| receipts, suitable to demonstrate: (i) the reasonable |
|
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|
SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| expectation that there is a downstream market or uses for | 2 |
| designated electronics (which may include recycling or | 3 |
| reclamation processes such as smelting to recover metals | 4 |
| for reuse); and (ii) that any residuals from recycling or | 5 |
| reclamation processes, or both, are properly handled and | 6 |
| managed to maximize reuse and recycling of materials to the | 7 |
| extent practical. | 8 |
| (12) Recyclers and refurbishers must comply with | 9 |
| federal and international law and agreements regarding the | 10 |
| export of used products or materials. In the case of | 11 |
| exports of CEDs and EEDs, recyclers and refurbishers must | 12 |
| comply with applicable requirements of the U.S. and of the | 13 |
| import and transit countries and must maintain proper | 14 |
| business records documenting its compliance. No recycler | 15 |
| or refurbisher may establish or use intermediaries for the | 16 |
| purpose of circumventing these U.S. import and transit | 17 |
| country requirements. | 18 |
| (13) Recyclers and refurbishers that conduct | 19 |
| transactions involving the transboundary shipment of used | 20 |
| CEDs and EEDs shall use contracts (or the equivalent | 21 |
| commercial arrangements) made in advance that detail the | 22 |
| quantity and nature of the materials to be shipped. For the | 23 |
| export of materials to a foreign country (directly or | 24 |
| indirectly through downstream market contractors): (i) the | 25 |
| shipment of intact televisions and computer monitors | 26 |
| destined for reuse must include only whole products that |
|
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| are tested and certified as being in working order or | 2 |
| requiring only minor repair (e.g. not requiring the | 3 |
| replacement of circuit boards or CRTs), must be destined | 4 |
| for reuse with respect to the original purpose, and the | 5 |
| recipient must have verified a market for the sale or | 6 |
| donation of such product for reuse; (ii) the shipments of | 7 |
| CEDs and EEDs for material recovery must be prepared in a | 8 |
| manner for recycling, including, without limitation, | 9 |
| smelting where metals will be recovered, plastics recovery | 10 |
| and glass-to-glass recycling; or (iii) the shipment of CEDs | 11 |
| and EEDs are being exported to companies or facilities that | 12 |
| are owned or controlled by the original equipment | 13 |
| manufacturer. | 14 |
| (14) Recyclers and refurbishers must maintain the | 15 |
| following export records for each shipment on file for a | 16 |
| minimum of 3 years: (i) the facility name and the address | 17 |
| to which shipment is exported; (ii) the shipment contents | 18 |
| and volumes; (iii) the intended use of contents by the | 19 |
| destination facility; (iv) any specification required by | 20 |
| the destination facility in relation to shipment contents; | 21 |
| (v) an assurance that all shipments for export, as | 22 |
| applicable to the CED manufacturer, are legal and satisfy | 23 |
| all applicable laws of the destination country. | 24 |
| (15) Recyclers and refurbishers must employ | 25 |
| industry-accepted procedures for the destruction or | 26 |
| sanitization of data on hard drives and other data storage |
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| devices. Acceptable guidelines for the destruction or | 2 |
| sanitization of data are contained in the National | 3 |
| Institute of Standards and Technology's Guidelines for | 4 |
| Media Sanitation or those guidelines certified by the | 5 |
| National Association for Information Destruction; | 6 |
| (16) No recycler or refurbisher may employ prison labor | 7 |
| in any operation related to the collection, | 8 |
| transportation, recycling, and refurbishment of CEDs and | 9 |
| EEDs. No recycler or refurbisher may employ any third party | 10 |
| that uses or subcontracts for the use of prison labor. | 11 |
| Section 55. Collector responsibilities. | 12 |
| (a) No later than January 1 of each program year, | 13 |
| collectors that collect or receive CEDs or EEDs for one or more | 14 |
| manufacturers, recyclers, or refurbishers shall register with | 15 |
| the Agency. Registration must be in the form and manner | 16 |
| required by the Agency and must include, without limitation, | 17 |
| the address of each location where CEDs or EEDs are received | 18 |
| and the identification of each location at which the collector | 19 |
| accepts CEDs or EEDs from a residence. | 20 |
| (b) Manufacturers, recyclers, refurbishers also acting as | 21 |
| collectors shall so indicate on their registration under | 22 |
| Section 30 or 50 and not register separately as collectors. | 23 |
| (c) No later than August 15, 2010, collectors must submit | 24 |
| to the Agency, on forms and in a format prescribed by the | 25 |
| Agency, a report for the period from January 1, 2010 through |
|
|
|
SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| June 30, 2010 that contains the following information: the | 2 |
| total weight of computers, the total weight of computer | 3 |
| monitors, the total weight of televisions, and the total weight | 4 |
| of EEDs collected or received for each manufacturer. | 5 |
| (d) No later than May 1 of each program year, collectors | 6 |
| must submit to the Agency, on forms and in a format prescribed | 7 |
| by the Agency, a report that contains the following information | 8 |
| for the previous program year: | 9 |
| (1) the total weight of computers, the total weight of | 10 |
| computer monitors, the total weight of televisions, and the | 11 |
| total weight of EEDs collected or received for each | 12 |
| manufacturer during the program year. | 13 |
| (2) a list of each recycler and refurbisher that | 14 |
| received CEDs and EEDs from the collector and the total | 15 |
| weight each recycler and refurbisher received. | 16 |
| (3) the address of each collector's facility where the | 17 |
| CEDs and EEDs were collected or received. Each facility | 18 |
| address must include the county in which the facility is | 19 |
| located. | 20 |
| (e) Collectors may accept no more than 10 CEDs or EEDs at | 21 |
| one time from individual members of the public and, when | 22 |
| scheduling collection events, shall provide no fewer than 30 | 23 |
| days' notice to the county waste agency of those events. | 24 |
| Section 60. Collection strategy for underserved counties. | 25 |
| (a) For program year 2010, all counties in this State |
|
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LRB095 19031 BDD 45208 b |
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| 1 |
| except the following are considered underserved: Champaign, | 2 |
| Clay, Clinton, Cook, DuPage, Fulton, Hancock, Henry, Jackson, | 3 |
| Kane, Kendall, Knox, Lake, Livingston, Macoupin, McDonough, | 4 |
| McHenry, McLean, Mercer, Peoria, Rock Island, St. Clair, | 5 |
| Sangamon, Schuyler, Stevenson, Warren, Will, Williamson, and | 6 |
| Winnebago. | 7 |
| (b) For program years 2011 and later, underserved counties | 8 |
| shall be counties in this State that, during the program year 2 | 9 |
| years prior, were not served by a minimum of one collection | 10 |
| site that (i) accepted all types of CEDs and EEDs and (ii) was | 11 |
| open for a minimum of 8 hours on at least one day per month of | 12 |
| that program year. For the purposes of this subsection (b), | 13 |
| 2009 shall be considered to have been a program year, and for | 14 |
| the program year 2012 the determination of whether a county is | 15 |
| underserved shall be based on the criteria of this subsection | 16 |
| (b) instead of the county's inclusion in the list set forth in | 17 |
| subsection (a) of this Section. | 18 |
| Section 65. State government procurement. | 19 |
| (a) The Department of Central Management Services shall | 20 |
| ensure that all bid specifications and contracts for the | 21 |
| purchase or lease of desktop computers, laptop or notebook | 22 |
| computers, and computer monitors, by State agencies under a | 23 |
| statewide master contract require that the electronic products | 24 |
| have a Bronze performance tier or higher registration under the | 25 |
| Electronic Product Environmental Assessment Tool ("EPEAT") |
|
|
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| operated by the Green Electronics Council. | 2 |
| (b) The Department of Central Management Services shall | 3 |
| ensure that bid specifications and contracts for the purchase | 4 |
| or lease of televisions and printers by State agencies under a | 5 |
| statewide master contract require that the televisions have a | 6 |
| Bronze performance tier or higher registration under EPEAT if | 7 |
| the Department determines that there are an adequate number of | 8 |
| the televisions registered under EPEAT to provide a | 9 |
| sufficiently competitive bidding environment. | 10 |
| (c) This Section applies to bid specifications issued, and | 11 |
| contracts entered into, on or after January 1, 2010. | 12 |
| Section 70. Relation to federal law. Following the adoption | 13 |
| of a federal law or regulation that establishes mandated | 14 |
| recycling goals for CEDs that equal or exceed the goals set | 15 |
| forth in this Act, the Agency shall notify the General Assembly | 16 |
| of the federal law or regulation and recommend the repeal of | 17 |
| this Act. | 18 |
| Section 75. Severability. The provisions of this Act are | 19 |
| severable under Section 1.31 of the Statute on Statutes. | 20 |
| Section 80. Penalties. | 21 |
| (a) Except as otherwise provided in this Act, any person | 22 |
| who violates any provision of this Act or fails to perform any | 23 |
| duty under this Act is liable for a civil penalty not to exceed |
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SB2313 Enrolled |
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| 1 |
| $1,000 for the violation and an additional civil penalty not to | 2 |
| exceed $1,000 for each day the violation continues and is | 3 |
| liable for a civil penalty not to exceed $5,000 for a second or | 4 |
| subsequent violation and an additional civil penalty not to | 5 |
| exceed $1,000 for each day the second or subsequent violation | 6 |
| continues. | 7 |
| (b) A manufacturer that is not registered with the Agency | 8 |
| as required under this Act, or that has not paid the | 9 |
| registration fee as required under this Act, is liable for a | 10 |
| civil penalty not to exceed $10,000 for the violation and an | 11 |
| additional civil penalty not to exceed $10,000 for each day the | 12 |
| violation continues. | 13 |
| (c) A manufacturer in violation of subsection (d) of | 14 |
| Section 30 of this Act in program year 2012 or thereafter is | 15 |
| liable for a civil penalty equal to the following: | 16 |
| (1) In program year 2012, if the total weight of CEDs | 17 |
| and EEDs recycled or processed for reuse by the | 18 |
| manufacturer is less than 60% of the manufacturer's | 19 |
| individual recycling or reuse goal set forth in Section 19 | 20 |
| of this Act, the manufacturer shall pay a penalty equal to | 21 |
| the product of: (i) $0.70 per pound; multiplied by (ii) the | 22 |
| difference between the manufacturer's individual recycling | 23 |
| or reuse goal and the total weight of CEDs and EEDs | 24 |
| recycled or processed for reuse by the manufacturer during | 25 |
| the program year. | 26 |
| (2) In program year 2013, and each year thereafter, if |
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| the total weight of CEDs and EEDs recycled or processed for | 2 |
| reuse by the manufacturer less than 75% of the | 3 |
| manufacturer's individual recycling or reuse goal set | 4 |
| forth in Section 19 of this Act, the manufacturer shall pay | 5 |
| a penalty equal to the product of: (i) $0.70 per pound; | 6 |
| multiplied by (ii) the difference between the | 7 |
| manufacturer's individual recycling or reuse goal and the | 8 |
| total weight of CEDs and EEDs recycled or processed for | 9 |
| reuse by the manufacturer during the program year. | 10 |
| (d) Beginning January 1, 2010, a manufacturer in violation | 11 |
| of subsection (e), (h), (i), (j), (k), or (l) of Section 30 is | 12 |
| liable for a civil penalty not to exceed $5,000 for the | 13 |
| violation. | 14 |
| (e) Any person in violation of Section 50 of this Act is | 15 |
| liable for a civil penalty not to exceed $5,000 for the | 16 |
| violation. | 17 |
| (f) A knowing violation of subsections (a) and (c) of | 18 |
| Section 95 of this Act is a petty offense punishable by a fine | 19 |
| of $100. | 20 |
| (g) The penalties provided for in this Act may be recovered | 21 |
| in a civil action brought by the Attorney General in the name | 22 |
| of the People of the State of Illinois. Any moneys collected | 23 |
| under this Section in which the Attorney General has prevailed | 24 |
| may be deposited into the Electronic Recycling Fund, | 25 |
| established under this Act. | 26 |
| (h) The Attorney General, at the request of the Agency or |
|
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SB2313 Enrolled |
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| 1 |
| on his or her own motion, may institute a civil action for an | 2 |
| injunction, prohibitory or mandatory, to restrain violations | 3 |
| of this Act or to require such actions as may be necessary to | 4 |
| address violations of this Act. | 5 |
| (i) The penalties and injunctions provided in this Act are | 6 |
| in addition to any penalties, injunctions, or other relief | 7 |
| provided under any other law. Nothing in this Act bars a cause | 8 |
| of action by the State for any other penalty, injunction, or | 9 |
| relief provided by any other law. | 10 |
| Section 85. Electronics Recycling Fund. The Electronics | 11 |
| Recycling Fund is created as a special fund in the State | 12 |
| treasury. The Agency shall deposit all registration fees | 13 |
| received under this Act into the Fund. All amounts held in the | 14 |
| Fund shall be invested at interest by the State Treasurer. All | 15 |
| income earned from the investments shall be deposited into the | 16 |
| Electronics Recycling Fund no less frequently than quarterly. | 17 |
| Pursuant to appropriation, all moneys in the Electronics | 18 |
| Recycling Fund may be used by the Agency for its administration | 19 |
| of this Act. Any moneys appropriated from the Electronics | 20 |
| Recycling Fund, but not obligated, shall revert to the Fund. | 21 |
| Section 90. Relation to other State laws. Nothing in this | 22 |
| Act affects the validity or application of any other law of | 23 |
| this State, or regulations adopted thereunder. |
|
|
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| Section 95. Landfill ban. | 2 |
| (a) Except as may be provided pursuant to subsection (e) of | 3 |
| this Section, and beginning January 1, 2012, no person may | 4 |
| knowingly cause or allow the mixing of a CED, or any other | 5 |
| computer, computer monitor, printer, or television with | 6 |
| municipal waste that is intended for disposal at a landfill. | 7 |
| (b) Except as may be provided pursuant to subsection (e) of | 8 |
| this Section, and beginning January 1, 2012, no person may | 9 |
| knowingly cause or allow the disposal of a CED or any other | 10 |
| computer, computer monitor, printer, or television in a | 11 |
| sanitary landfill. | 12 |
| (c) Beginning January 1, 2012, no person may knowingly | 13 |
| cause or allow the mixing of a CED, or any other computer, | 14 |
| computer monitor, printer, or television with waste that is | 15 |
| intended for disposal by burning or incineration. | 16 |
| (d) Beginning January 1, 2012, no person may knowingly | 17 |
| cause or allow the burning or incineration of a CED, or any | 18 |
| other computer, computer monitor, printer, or television. | 19 |
| (e) Beginning April 1, 2012 but no later than December 31, | 20 |
| 2013, the Illinois Pollution Control Board (Board) is | 21 |
| authorized to review temporary CED landfill ban waiver | 22 |
| petitions by county governments or municipal joint action | 23 |
| agencies (action agencies) and determine whether the | 24 |
| respective county's or action agency's jurisdiction may be | 25 |
| granted a temporary CED landfill ban waiver due to a lack of | 26 |
| funds and a lack of collection opportunities to collect CEDs |
|
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| and EEDs within the county's or action agency's jurisdiction. | 2 |
| If the Board grants a waiver under this subsection (e), | 3 |
| subsections (a) and (b) of this Section shall not apply to CEDs | 4 |
| and EEDs that are taken out of service from residences within | 5 |
| the jurisdiction of the county or action agency receiving the | 6 |
| waiver and disposed of during the remainder of the program year | 7 |
| in which the petition is filed. | 8 |
| (1) The petition from the county or action agency shall | 9 |
| include the following: | 10 |
| (A) documentation of the county's or action | 11 |
| agency's attempts to gain funding, as well as the total | 12 |
| funding obtained, for the collection of CEDs and EEDs | 13 |
| in its jurisdiction from manufacturers or other units | 14 |
| of government in the State; and
| 15 |
| (B) an assessment of other collection | 16 |
| opportunities in the county's or action agency's | 17 |
| jurisdiction demonstrating insufficient capacity for | 18 |
| the anticipated volume of CEDs and EEDs for the | 19 |
| remainder of the program year in which the petition is | 20 |
| being filed.
| 21 |
| (2) In addition to the criteria listed in item (1), the | 22 |
| Board shall consider the following additional criteria | 23 |
| when reviewing a petition:
| 24 |
| (A) total weight of CEDs and EEDs collected in the | 25 |
| county's or action agency's jurisdiction during all | 26 |
| preceding program years;
|
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SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
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| 1 |
| (B) total weight of CEDs and EEDs collected in the | 2 |
| county's or action agency's jurisdiction during the | 3 |
| year in which the petition is filed; and
| 4 |
| (C) the projected difference in weight between | 5 |
| prior program years and the year in which the petition | 6 |
| is filed.
| 7 |
| (3) Within 60 days after the filing of the petition | 8 |
| with the Board, the Board shall determine, based on the | 9 |
| criteria in items (1) and (2), whether a temporary CED | 10 |
| landfill ban waiver shall be granted to the respective | 11 |
| county or action agency for the remainder of the program | 12 |
| year in which the petition is filed. The Board's decision | 13 |
| to grant such a waiver shall be based upon a showing by | 14 |
| clear and convincing evidence that a county or action | 15 |
| agency has a lack of funds and its respective jurisdiction | 16 |
| lacks sufficient collection opportunities to collect CEDs | 17 |
| and EEDs. If the Board denies the petition for a landfill | 18 |
| ban waiver, the Board's order shall be final and | 19 |
| immediately appealable to the circuit court having | 20 |
| jurisdiction over the petitioner.
| 21 |
| (4) Within 5 days after granting a temporary CED | 22 |
| landfill ban waiver, the Board shall provide written notice | 23 |
| to the Agency of the Board's decision. The notice shall be | 24 |
| provided at least 15 days prior to the waiver taking | 25 |
| effect.
| 26 |
| (5) Any county or action agency granted a temporary CED |
|
|
|
SB2313 Enrolled |
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LRB095 19031 BDD 45208 b |
|
| 1 |
| landfill ban waiver shall, within 7 days after receiving | 2 |
| the waiver, inform all solid waste haulers and landfill | 3 |
| operators used by the county or action agency for solid | 4 |
| waste disposal that a waiver has been granted for the | 5 |
| remainder of the program year. The notification shall be | 6 |
| provided to the solid waste haulers and landfill operators | 7 |
| at least 15 days prior to the waiver taking effect.
| 8 |
| (6) Between April 1, 2012 and December 31, 2013, if a | 9 |
| temporary CED landfill ban waiver has been granted to a | 10 |
| petitioner, no person disposing of a CED shall be subject | 11 |
| to any enforcement proceeding unless he or she disposes of | 12 |
| the CED with knowledge that the CED is from a county or | 13 |
| action agency that has not received a temporary CED | 14 |
| landfill ban waiver.
| 15 |
| Section 900. The State Finance Act is amended by adding | 16 |
| Section 5.708 as follows: | 17 |
| (30 ILCS 105/5.708 new) | 18 |
| Sec. 5.708. The Electronics Recycling Fund. | 19 |
| Section 999. Effective date. This Act takes effect upon | 20 |
| becoming law. |
|