Public Act 90-0180 of the 90th General Assembly
Public Act 90-0180
SB214 Enrolled LRB9001547DPcc
AN ACT to amend the Illinois Solid Waste Management Act
by changing Section 3.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Solid Waste Management Act is
amended by changing Section 3 as follows:
(415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
Sec. 3. State agency materials recycling program.
(a) All State agencies responsible for the maintenance
of public lands in the State shall, to the maximum extent
feasible, give due consideration and preference to the use of
compost materials in all land maintenance activities which
are to be paid with public funds.
(b) The Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs, shall implement waste reduction programs, including
source separation and collection, for office wastepaper,
corrugated containers, newsprint and mixed paper, in all
State buildings as appropriate and feasible. Such waste
reduction programs shall be designed to achieve waste
reductions of at least 25% of all such waste by December 31,
1995, and at least 50% of all such waste by December 31,
2000. Any source separation and collection program shall
include, at a minimum, procedures for collecting and storing
recyclable materials, bins or containers for storing
materials, and contractual or other arrangements with buyers
of recyclable materials. If market conditions so warrant,
the Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs, may modify programs developed pursuant to this
Section.
The Department of Commerce and Community Affairs shall
conduct waste categorization studies of all State facilities
for calendar years 1991, 1995 and 2000. Such studies shall
be designed to assist the Department of Central Management
Services to achieve the waste reduction goals established in
this subsection.
(c) Each State agency shall, upon consultation with the
Department of Commerce and Community Affairs, periodically
review its procurement procedures and specifications related
to the purchase of products or supplies. Such procedures and
specifications shall be modified as necessary to require the
procuring agency to seek out products and supplies that
contain recycled materials, and to ensure that purchased
products or supplies are reusable, durable or made from
recycled materials whenever economically and practically
feasible. In choosing among products or supplies that
contain recycled material, consideration shall be given to
products and supplies with the highest recycled material
content that is consistent with the effective and efficient
use of the product or supply.
(d) Wherever economically and practically feasible, the
Department of Central Management Services shall procure
recycled paper and paper products as follows:
(1) Beginning July 1, 1989, at least 10% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(2) Beginning July 1, 1992, at least 25% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(3) Beginning July 1, 1996, at least 40% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(4) Beginning July 1, 2000, at least 50% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(e) Paper and paper products purchased from private
vendors pursuant to printing contracts are not considered
paper products for the purposes of subsection (d). However,
the Department of Central Management Services shall report to
the General Assembly on an annual basis the total dollar
value of printing contracts awarded to private sector vendors
that included the use of recycled paper.
(f)(1) Wherever economically and practically feasible,
the recycled paper and paper products referred to in
subsection (d) 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, 1994, shall consist of at least 20% deinked stock
or postconsumer material; and beginning July 1,
1994, shall consist of at least 25% deinked stock or
postconsumer material; and beginning July 1, 1996,
shall consist of at least 30% deinked stock or
postconsumer material; and beginning July 1, 1998,
shall consist of at least 40% deinked stock or
postconsumer material; and beginning July 1, 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 wastes 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
solid 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.
(g) The Department of Central Management Services may
adopt regulations to carry out the provisions and purposes of
this Section.
(h) Every State agency shall, in its procurement
documents, specify that, whenever economically and
practically feasible, a product to be procured must consist,
wholly or in part, of recycled materials, or be recyclable or
reusable in whole or in part. When applicable, if state
guidelines are not already prescribed, State agencies shall
follow USEPA guidelines for federal procurement.
(i) All State agencies shall cooperate with the
Department of Central Management Services in carrying out
this Section. The Department of Central Management Services
may enter into cooperative purchasing agreements with other
governmental units in order to obtain volume discounts, or
for other reasons in accordance with the Governmental Joint
Purchasing Act, or in accordance with the Intergovernmental
Cooperation Act if governmental units of other states or the
federal government are involved.
(j) The Department of Central Management Services shall
submit an annual report to the General Assembly concerning
its implementation of the State's collection and recycled
paper procurement programs. This report shall include a
description of the actions that the Department of Central
Management Services has taken in the previous fiscal year to
implement this Section. This report shall be submitted on or
before November 1 of each year.
(k) The Department of Central Management Services, in
cooperation with all other appropriate departments and
agencies of the State, shall institute whenever economically
and practically feasible the use of re-refined motor oil in
all State-owned motor vehicles and the use of remanufactured
and retread tires whenever such use is practical, beginning
no later than July 1, 1992.
(l) The Illinois Department of Transportation shall
study the feasibility of using recycled asphalt, rubberized
asphalt, concrete and demolition materials in road
construction projects undertaken by the Department. In
conducting the study, the Department of Transportation shall
(i) consider development of bid specifications to promote the
use of recycled asphalt, rubberized asphalt, concrete and
demolition materials, and (ii) analyze the costs and
availability thereof. On or before July 1, 1992, the
Department shall submit a report of its findings and
recommendations to the Governor and the General Assembly.
(m) The Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs, shall implement an aluminum can recycling program in
all State buildings within 270 days of the effective date of
this amendatory Act of 1997. The program shall provide for
(1) the collection and storage of used aluminum cans in bins
or other appropriate containers made reasonably available to
occupants and visitors of State buildings and (2) the sale of
used aluminum cans to buyers of recyclable materials.
Proceeds from the sale of used aluminum cans shall be
deposited into I-CYCLE accounts maintained in the State
Surplus Property Revolving Fund and, subject to
appropriation, shall be used by the Department of Central
Management Services and any other State agency to offset the
costs of implementing the aluminum can recycling program
under this Section.
All State agencies having an aluminum can recycling
program in place shall continue with their current plan. If a
State agency has an existing recycling program in place,
proceeds from the aluminum can recycling program may be
retained and distributed pursuant to that program, otherwise
all revenue resulting from these programs shall be forwarded
to Central Management Services, I-CYCLE for placement into
the appropriate account within the State Surplus Property
Revolving Fund, minus any operating costs associated with the
program.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.