Public Act 095-0741
 
HB4159 Enrolled LRB095 13768 CMK 39738 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-20.19c and 34-18.15 as follows:
 
    (105 ILCS 5/10-20.19c)  (from Ch. 122, par. 10-20.19c)
    Sec. 10-20.19c. Recycled paper and paper products and solid
waste management.
    (a) Definitions. As used in this Section, the following
terms shall have the meanings indicated, unless the context
otherwise requires:
    "Deinked stock" means paper that has been processed to
remove inks, clays, coatings, binders and other contaminants.
    "High grade printing and writing papers" includes offset
printing paper, duplicator paper, writing paper (stationery),
tablet paper, office paper, note pads, xerographic paper,
envelopes, form bond including computer paper and carbonless
forms, book papers, bond papers, ledger paper, book stock and
cotton fiber papers.
    "Paper and paper products" means high grade printing and
writing papers, tissue products, newsprint, unbleached
packaging and recycled paperboard.
    "Postconsumer material" means only those products
generated by a business or consumer which have served their
intended end uses, and which have been separated or diverted
from solid waste; wastes generated during the production of an
end product are excluded.
    "Recovered paper material" means paper waste generated
after the completion of the papermaking process, such as
postconsumer materials, envelope cuttings, bindery trimmings,
printing waste, cutting and other converting waste, butt rolls,
and mill wrappers, obsolete inventories, and rejected unused
stock. "Recovered paper material", however, does not include
fibrous waste generated during the manufacturing process such
as fibers recovered from waste water or trimmings of paper
machine rolls (mill broke), or fibrous byproducts of
harvesting, extraction or woodcutting processes, or forest
residues such as bark.
    "Recycled paperboard" includes paperboard products,
folding cartons and pad backings.
    "Tissue products" includes toilet tissue, paper towels,
paper napkins, facial tissue, paper doilies, industrial
wipers, paper bags and brown papers. These products shall also
be unscented and shall not be colored.
    "Unbleached packaging" includes corrugated and fiber
storage boxes.
    (a-5) Each school district shall periodically review its
procurement procedures and specifications related to the
purchase of products and supplies. Those procedures and
specifications must be modified as necessary to require the
school district to seek out products and supplies that contain
recycled materials and to ensure that purchased products and
supplies are reusable, durable, or made from recycled
materials, if economically and practically feasible. In
selecting products and supplies that contain recycled
material, preference must be given to products and supplies
that contain the highest amount of recycled material and that
are consistent with the effective use of the product or supply,
if economically and practically feasible.
    (b) Wherever economically and practically feasible, as
determined by the school board, the school board, all public
schools and attendance centers within a school district, and
their school supply stores shall procure recycled paper and
paper products as follows:
        (1) Beginning July 1, 2008 1992, at least 10% of the
    total dollar value of paper and paper products purchased by
    school boards, public schools and attendance centers, and
    their school supply stores shall be recycled paper and
    paper products. ;
        (2) Beginning July 1, 2011 1995, at least 25% of the
    total dollar value of paper and paper products purchased by
    school boards, public schools and attendance centers, and
    their school supply stores shall be recycled paper and
    paper products. ;
        (3) Beginning July 1, 2014 1999, at least 50% 40% of
    the total dollar value of paper and paper products
    purchased by school boards, public schools and attendance
    centers, and their school supply stores shall be recycled
    paper and paper products. ;
        (4) Beginning July 1, 2020 2001, at least 75% 50% of
    the total dollar value of paper and paper products
    purchased by school boards, public schools and attendance
    centers, and their school supply stores shall be recycled
    paper and paper products. ;
        (5) Beginning upon the effective date of this
    amendatory Act of 1992, all paper purchased by the board of
    education, public schools and attendance centers for
    publication of student newspapers shall be recycled
    newsprint. The amount purchased shall not be included in
    calculating the amounts specified in paragraphs (1)
    through (4).
    (c) Paper and paper products purchased from private sector
vendors pursuant to printing contracts are not considered paper
and paper products for the purposes of subsection (b), unless
purchased under contract for the printing of student
newspapers.
    (d)(1) Wherever economically and practically feasible, the
recycled paper and paper products referred to in subsection (b)
shall contain postconsumer or recovered paper materials as
specified by paper category in this subsection:
         (i) Recycled high grade printing and writing paper
    shall contain at least 50% recovered paper material. Such
    recovered paper material, until July 1, 2008 1994, shall
    consist of at least 20% deinked stock or postconsumer
    material; and beginning July 1, 2008 1994, shall consist of
    at least 25% deinked stock or postconsumer material; and
    beginning July 1, 2010 1996, shall consist of at least 30%
    deinked stock or postconsumer material; and beginning July
    1, 2012 1998, shall consist of at least 40% deinked stock
    or postconsumer material; and beginning July 1, 2014 2000,
    shall consist of at least 50% deinked stock or postconsumer
    material.
         (ii) Recycled tissue products, until July 1, 1994,
    shall contain at least 25% postconsumer material; and
    beginning July 1, 1994, shall contain at least 30%
    postconsumer material; and beginning July 1, 1996, shall
    contain at least 35% postconsumer material; and beginning
    July 1, 1998, shall contain at least 40% postconsumer
    material; and beginning July 1, 2000, shall contain at
    least 45% postconsumer material.
         (iii) Recycled newsprint, until July 1, 1994, shall
    contain at least 40% postconsumer material; and beginning
    July 1, 1994, shall contain at least 50% postconsumer
    material; and beginning July 1, 1996, shall contain at
    least 60% postconsumer material; and beginning July 1,
    1998, shall contain at least 70% postconsumer material; and
    beginning July 1, 2000, shall contain at least 80%
    postconsumer material.
         (iv) Recycled unbleached packaging, until July 1,
    1994, shall contain at least 35% postconsumer material; and
    beginning July 1, 1994, shall contain at least 40%
    postconsumer material; and beginning July 1, 1996, shall
    contain at least 45% postconsumer material; and beginning
    July 1, 1998, shall contain at least 50% postconsumer
    material; and beginning July 1, 2000, shall contain at
    least 55% postconsumer material.
         (v) Recycled paperboard, until July 1, 1994, shall
    contain at least 80% postconsumer material; and beginning
    July 1, 1994, shall contain at least 85% postconsumer
    material; and beginning July 1, 1996, shall contain at
    least 90% postconsumer material; and beginning July 1,
    1998, shall contain at least 95% postconsumer material.
        (2) For the purposes of this Section, "postconsumer
    material" includes:
            (i) paper, paperboard, and fibrous waste from
        retail stores, office buildings, homes and so forth,
        after the waste has passed through its end usage as a
        consumer item, including used corrugated boxes, old
        newspapers, mixed waste paper, tabulating cards, and
        used cordage; and
            (ii) all paper, paperboard, and fibrous wastes
        that are diverted or separated from the municipal waste
        stream.
        (3) For the purposes of this Section, "recovered paper
    material" includes:
            (i) postconsumer material;
            (ii) dry paper and paperboard waste generated
        after completion of the papermaking process (that is,
        those manufacturing operations up to and including the
        cutting and trimming of the paper machine reel into
        smaller rolls or rough sheets), including envelope
        cuttings, bindery trimmings, and other paper and
        paperboard waste resulting from printing, cutting,
        forming and other converting operations, or from bag,
        box and carton manufacturing, and butt rolls, mill
        wrappers, and rejected unused stock; and
            (iii) finished paper and paperboard from obsolete
        inventories of paper and paperboard manufacturers,
        merchants, wholesalers, dealers, printers, converters
        or others.
    (e) Nothing in this Section shall be deemed to apply to art
materials, nor to any newspapers, magazines, text books,
library books or other copyrighted publications which are
purchased or used by any school board or any public school or
attendance center within a school district, or which are sold
in any school supply store operated by or within any such
school or attendance center, other than newspapers written,
edited or produced by students enrolled in the school district,
public school or attendance center.
    (e-5) Each school district shall periodically review its
procedures on solid waste reduction regarding the management of
solid waste generated by academic, administrative, and other
institutional functions. Those waste reduction procedures must
be designed to, when economically and practically feasible,
recycle the school district's waste stream, including without
limitation landscape waste, computer paper, and white office
paper. School districts are encouraged to have procedures that
provide for the investigation of potential markets for other
recyclable materials that are present in the school district's
waste stream. The waste reduction procedures must be designed
to achieve, before July 1, 2020, at least a 50% reduction in
the amount of solid waste that is generated by the school
district.
    (f) The State Board of Education, in coordination with the
Departments of Central Management Services and Commerce and
Economic Opportunity, may adopt such rules and regulations as
it deems necessary to assist districts in carrying out the
provisions of this Section.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (105 ILCS 5/34-18.15)  (from Ch. 122, par. 34-18.15)
    Sec. 34-18.15. Recycled paper and paper products and solid
waste management.
    (a) Definitions. As used in this Section, the following
terms shall have the meanings indicated, unless the context
otherwise requires:
    "Deinked stock" means paper that has been processed to
remove inks, clays, coatings, binders and other contaminants.
    "High grade printing and writing papers" includes offset
printing paper, duplicator paper, writing paper (stationery),
tablet paper, office paper, note pads, xerographic paper,
envelopes, form bond including computer paper and carbonless
forms, book papers, bond papers, ledger paper, book stock and
cotton fiber papers.
    "Paper and paper products" means high grade printing and
writing papers, tissue products, newsprint, unbleached
packaging and recycled paperboard.
    "Postconsumer material" means only those products
generated by a business or consumer which have served their
intended end uses, and which have been separated or diverted
from solid waste; wastes generated during the production of an
end product are excluded.
    "Recovered paper material" means paper waste generated
after the completion of the papermaking process, such as
postconsumer materials, envelope cuttings, bindery trimmings,
printing waste, cutting and other converting waste, butt rolls,
and mill wrappers, obsolete inventories, and rejected unused
stock. "Recovered paper material", however, does not include
fibrous waste generated during the manufacturing process as
fibers recovered from waste water or trimmings of paper machine
rolls (mill broke), or fibrous byproducts of harvesting,
extraction or woodcutting processes, or forest residues such as
bark.
    "Recycled paperboard" includes paperboard products,
folding cartons and pad backings.
    "Tissue products" includes toilet tissue, paper towels,
paper napkins, facial tissue, paper doilies, industrial
wipers, paper bags and brown papers. These products shall also
be unscented and shall not be colored.
    "Unbleached packaging" includes corrugated and fiber
storage boxes.
    (a-5) The school district shall periodically review its
procurement procedures and specifications related to the
purchase of products and supplies. Those procedures and
specifications must be modified as necessary to require the
school district to seek out products and supplies that contain
recycled materials and to ensure that purchased products and
supplies are reusable, durable, or made from recycled
materials, if economically and practically feasible. In
selecting products and supplies that contain recycled
material, preference must be given to products and supplies
that contain the highest amount of recycled material and that
are consistent with the effective use of the product or supply,
if economically and practically feasible.
    (b) Wherever economically and practically feasible, as
determined by the board of education, the board of education,
all public schools and attendance centers within the school
district, and their school supply stores shall procure recycled
paper and paper products as follows:
        (1) Beginning July 1, 2008 1992, at least 10% of the
    total dollar value of paper and paper products purchased by
    the board of education, public schools and attendance
    centers, and their school supply stores shall be recycled
    paper and paper products. ;
        (2) Beginning July 1, 2011 1995, at least 25% of the
    total dollar value of paper and paper products purchased by
    the board of education, public schools and attendance
    centers, and their school supply stores shall be recycled
    paper and paper products. ;
        (3) Beginning July 1, 2014 1999, at least 50% 40% of
    the total dollar value of paper and paper products
    purchased by the board of education, public schools and
    attendance centers, and their school supply stores shall be
    recycled paper and paper products. ;
        (4) Beginning July 1, 2020 2001, at least 75% 50% of
    the total dollar value of paper and paper products
    purchased by the board of education, public schools and
    attendance centers, and their school supply stores shall be
    recycled paper and paper products. ;
        (5) Beginning upon the effective date of this
    amendatory Act of 1992, all paper purchased by the board of
    education, public schools and attendance centers for
    publication of student newspapers shall be recycled
    newsprint. The amount purchased shall not be included in
    calculating the amounts specified in paragraphs (1)
    through (4).
    (c) Paper and paper products purchased from private sector
vendors pursuant to printing contracts are not considered paper
and paper products for the purposes of subsection (b), unless
purchased under contract for the printing of student
newspapers.
    (d)(1) Wherever economically and practically feasible, the
recycled paper and paper products referred to in subsection (b)
shall contain postconsumer or recovered paper materials as
specified by paper category in this subsection:
        (i) Recycled high grade printing and writing paper
    shall contain at least 50% recovered paper material. Such
    recovered paper material, until July 1, 2008 1994, shall
    consist of at least 20% deinked stock or postconsumer
    material; and beginning July 1, 2008 1994, shall consist of
    at least 25% deinked stock or postconsumer material; and
    beginning July 1, 2010 1996, shall consist of at least 30%
    deinked stock or postconsumer material; and beginning July
    1, 2012 1998, shall consist of at least 40% deinked stock
    or postconsumer material; and beginning July 1, 2014 2000,
    shall consist of at least 50% deinked stock or postconsumer
    material.
        (ii) Recycled tissue products, until July 1, 1994,
    shall contain at least 25% postconsumer material; and
    beginning July 1, 1994, shall contain at least 30%
    postconsumer material; and beginning July 1, 1996, shall
    contain at least 35% postconsumer material; and beginning
    July 1, 1998, shall contain at least 40% postconsumer
    material; and beginning July 1, 2000, shall contain at
    least 45% postconsumer material.
        (iii) Recycled newsprint, until July 1, 1994, shall
    contain at least 40% postconsumer material; and beginning
    July 1, 1994, shall contain at least 50% postconsumer
    material; and beginning July 1, 1996, shall contain at
    least 60% postconsumer material; and beginning July 1,
    1998, shall contain at least 70% postconsumer material; and
    beginning July 1, 2000, shall contain at least 80%
    postconsumer material.
        (iv) Recycled unbleached packaging, until July 1,
    1994, shall contain at least 35% postconsumer material; and
    beginning July 1, 1994, shall contain at least 40%
    postconsumer material; and beginning July 1, 1996, shall
    contain at least 45% postconsumer material; and beginning
    July 1, 1998, shall contain at least 50% postconsumer
    material; and beginning July 1, 2000, shall contain at
    least 55% postconsumer material.
        (v) Recycled paperboard, until July 1, 1994, shall
    contain at least 80% postconsumer material; and beginning
    July 1, 1994, shall contain at least 85% postconsumer
    material; and beginning July 1, 1996, shall contain at
    least 90% postconsumer material; and beginning July 1,
    1998, shall contain at least 95% postconsumer material.
        (2) For the purposes of this Section, "postconsumer
    material" includes:
             (i) paper, paperboard, and fibrous waste from
        retail stores, office buildings, homes and so forth,
        after the waste has passed through its end usage as a
        consumer item, including used corrugated boxes, old
        newspapers, mixed waste paper, tabulating cards, and
        used cordage; and
             (ii) all paper, paperboard, and fibrous wastes
        that are diverted or separated from the municipal waste
        stream.
        (3) For the purpose of this Section, "recovered paper
    material" includes:
             (i) postconsumer material;
             (ii) dry paper and paperboard waste generated
        after completion of the papermaking process (that is,
        those manufacturing operations up to and including the
        cutting and trimming of the paper machine reel into
        smaller rolls or rough sheets), including envelope
        cuttings, bindery trimmings, and other paper and
        paperboard waste resulting from printing, cutting,
        forming and other converting operations, or from bag,
        box and carton manufacturing, and butt rolls, mill
        wrappers, and rejected unused stock; and
             (iii) finished paper and paperboard from obsolete
        inventories of paper and paperboard manufacturers,
        merchants, wholesalers, dealers, printers, converters
        or others.
    (e) Nothing in this Section shall be deemed to apply to art
materials, nor to any newspapers, magazines, text books,
library books or other copyrighted publications which are
purchased or used by the board of education or any public
school or attendance center within the school district, or
which are sold in any school supply store operated by or within
any such school or attendance center, other than newspapers
written, edited or produced by students enrolled in the school
district, public school or attendance center.
    (e-5) The school district shall periodically review its
procedures on solid waste reduction regarding the management of
solid waste generated by academic, administrative, and other
institutional functions. Those waste reduction procedures must
be designed to, when economically and practically feasible,
recycle the school district's waste stream, including without
limitation landscape waste, computer paper, and white office
paper. The school district is encouraged to have procedures
that provide for the investigation of potential markets for
other recyclable materials that are present in the school
district's waste stream. The waste reduction procedures must be
designed to achieve, before July 1, 2020, at least a 50%
reduction in the amount of solid waste that is generated by the
school district.
    (f) The State Board of Education, in coordination with the
Departments of Central Management Services and Commerce and
Economic Opportunity, may adopt such rules and regulations as
it deems necessary to assist districts in carrying out the
provisions of this Section.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.32 as follows:
 
    (30 ILCS 805/8.32 new)
    Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 95th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.