Bill Amendment: IL SB0557 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: SEXUAL ASSAULT SURVIVORS

Status: 2020-06-05 - Public Act . . . . . . . . . 101-0634 [SB0557 Detail]

Download: Illinois-2019-SB0557-Senate_Amendment_001.html

---

Sen. Melinda Bush

Filed: 3/18/2019

10100SB0557sam001 LRB101 04318 CPF 57986 a
AMENDMENT TO SENATE BILL 557
AMENDMENT NO. ______. Amend Senate Bill 557 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Carpet Stewardship Act.
Section 5. Findings and purpose. The General Assembly finds
that:
(1) Based on data contained in the Illinois Commodity
Waste Generation and Characterization Study, commissioned
in 2014 by the Illinois Department of Commerce and Economic
Opportunity, approximately 229,000 tons of carpet and
carpet padding are landfilled each year, 1.5% of the total
waste landfilled in this State.
(2) Discarded carpet and padding are currently being
recycled in this State at a recycling rate estimated to be
less than 1%, compared to a 15.4% recycling rate for the

10100SB0557sam001 - 2 - LRB101 04318 CPF 57986 a
first 6 months of 2018 in California, which has enacted
Extended Producer Responsibility legislation for carpet.
(3) Carpet recycling can be significantly expanded by
utilizing an Extended Producer Responsibility approach
which will lead to job creation through the collection,
processing, and marketing of discarded carpet and padding.
In California, this approach has created approximately 150
direct jobs.
(4) According to the U.S. Environmental Protection
Agency, the recycling of discarded carpet has a positive
impact on the reduction of greenhouse gases when compared
to the landfilling or incineration of discarded carpet,
which increases the generation of greenhouse gases.
Section 10. Definitions. In this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Blended carpet" means carpet with a nonuniform face fiber,
which is manufactured with multiple polymer types, fiber types,
or both, in the face of the constructed material.
"Brand" means a name, symbol, word, or mark that identifies
the carpet, rather than its components, and attributes the
product to the owner or licensee of the brand as the producer.
"Carpet" means a manufactured article that is (i) used in
commercial buildings or single or multifamily residential
buildings, (ii) affixed or placed on the floor or building

10100SB0557sam001 - 3 - LRB101 04318 CPF 57986 a
walking surface as a decorative or functional building interior
or exterior feature, and (iii) primarily constructed of a top
visible surface of synthetic face fibers or yarns or tufts
attached to a backing system derived from synthetic or natural
materials. "Carpet" includes, but is not limited to, a
commercial or residential broadloom carpet, modular carpet
tiles, and artificial turf. "Carpet" includes a pad or
underlayment used in conjunction with a carpet. "Carpet" does
not include handmade rugs, area rugs, or mats.
"Clearinghouse" means the entity incorporated as a
nonprofit within the meaning of 26 U.S.C. 501 representing
carpet producers, and other designated representatives who are
cooperating with one another to collectively establish and
operate a discarded carpet recycling and reuse program for the
purpose of complying with this Act.
"Clearinghouse plan" means a single, detailed plan
prepared by the clearinghouse that includes all the information
required by this Act.
"Consumer" means any person who makes a purchase at retail.
"Discarded carpet" means carpet that is no longer used for
its manufactured purpose.
"Distributor" or "wholesaler" means a person who buys or
otherwise acquires carpet from another source and sells or
offers to sell that carpet to retailers in this State.
"Nylon carpet" means carpet made with a uniform face fiber
made with either nylon 6 or nylon 6,6.

10100SB0557sam001 - 4 - LRB101 04318 CPF 57986 a
"Person" means any individual, partnership,
co-partnership, firm, company, corporation, association, joint
stock company, trust, estate, political subdivision, State
agency, or any other legal entity, or their legal
representative, agent, or assign.
"PET carpet" means carpet made from polyethylene
terephthalate.
"Producer" means a person that:
(1) has legal ownership of the brand, brand name, or
co-brand of carpet sold in this State;
(2) imports carpet branded by a producer who meets the
definition under paragraph (1) when that producer has no
physical presence in the United States;
(3) if paragraphs (1) and (2) do not apply, makes
unbranded carpet that is sold in this State; or
(4) sells carpet at wholesale or retail, does not have
legal ownership of the brand, and elects to fulfill the
responsibilities of the producer for the product.
"Polypropylene carpet" means carpet made from
polypropylene.
"Program year" means a calendar year. The first program
year is 2021.
"PTT carpet" means carpet made from polytrimethylene
terephthalate.
"Recycling" means the process by which discarded carpet is
collected, processed, and returned to the economic mainstream

10100SB0557sam001 - 5 - LRB101 04318 CPF 57986 a
in the form of raw materials or products. "Recycling" is
further defined to include only those pounds of discarded
carpet that are an output of a recycling facility destined for
an end market or reuse and is not meant to mean the gross input
pounds of discarded carpet accepted by a recycling facility.
"Recycling" does not include energy recovery or energy
generation by means of combusting discarded carpet, and it does
not include any disposal or use of discarded carpet within the
permitted boundaries of a municipal solid waste landfill unit.
"Recycling rate" means the percentage of discarded carpet
that is managed through recycling or reuse, as defined by this
Act, and is computed by dividing the amount of discarded carpet
that is collected and recycled or reused by the total amount of
discarded carpet that is generated over a program year. To
determine the annual recycling rates required by this Act the
amount of discarded carpet generated shall be calculated using
an industry standard calculation based on annual sales,
replacement rate, and the average weight of carpet.
"Retailer" means any person engaged in the business of
making sales at retail that generate occupation or use tax
revenue.
"Reuse" means donating or selling a discarded carpet back
into the market for its original intended use, when the
discarded carpet retains its original purpose and performance
characteristics.
"Sale" or "sell" means a transfer of title to carpet for

10100SB0557sam001 - 6 - LRB101 04318 CPF 57986 a
consideration, including a remote sale conducted through a
sales outlet, catalog, website, or similar electronic means.
"Sale" or "sell" includes a lease through which carpet is
provided to a consumer by a producer, distributor, or retailer.
"Stewardship assessment" means the amount added to the
purchase price of carpet sold in this State that is necessary
to cover the cost of collecting, transporting, processing and
marketing discarded carpet by the clearinghouse pursuant to the
clearinghouse plan, and shall not be used to pay for any fines
or penalties levied pursuant to this Act or for the final
disposal or incineration of discarded carpet.
"Wool carpet" means carpet made from wool.
Section 15. Formation, duties and powers of the
Clearinghouse.
(a) To administer the carpet stewardship program a
clearinghouse shall be created, and shall consist of the
following members, to be appointed by the Director of the
Agency:
(1) two individuals who are representatives of a
statewide association representing retailers;
(2) two individuals who are representatives of carpet
producers;
(3) one individual who is a representative of a
national association representing manufacturers of carpet;
(4) two individuals who are representatives of carpet

10100SB0557sam001 - 7 - LRB101 04318 CPF 57986 a
recyclers;
(5) two individuals who are representatives of a
statewide association representing waste disposal
companies;
(6) two individuals who are representatives of
environmental organizations;
(7) two individuals who are representatives of county
or municipal joint action agency waste management
programs;
(8) one individual who is a representative of a company
that utilizes discarded carpet to manufacture a new
product, not including new carpet; and
(9) one individual who is a representative of an
association representing installers of carpet.
(b) Members of the clearinghouse shall serve without
compensation but shall be reimbursed for travel expenses with
proceeds from the stewardship assessment, and the Agency shall
be responsible for monitoring these expenses. Members shall
serve on the clearinghouse until a successor is appointed and
qualified.
(c) The clearinghouse's duties include, but are not limited
to:
(1) preparing the clearinghouse plan, and any required
amendments, on an annual basis in compliance with this Act;
(2) implementing the clearinghouse plan;
(3) creating and administering a grant program to

10100SB0557sam001 - 8 - LRB101 04318 CPF 57986 a
assist in subsidizing the costs to collect, process, or
market discarded carpet for reuse or recycling;
(4) being responsible for meeting the performance
goals specified by this Act;
(5) submitting annual program reports as required by
this Act;
(6) recommending to the Agency in the annual
clearinghouse plan any increases or decreases in the
stewardship assessment; and
(7) overseeing an annual audit of the carpet
stewardship program's revenues and expenditures, and
reporting those findings to the Agency.
(d) The clearinghouse may hire a director and necessary
staff, and may organize itself into committees to implement
this Act, which shall be funded by the stewardship assessment.
The Agency shall monitor these expenses.
Section 20. Carpet stewardship program and sale
requirement.
(a) For all carpet sold in this State, producers shall,
through the clearinghouse, implement and finance a statewide
carpet stewardship program that: manages carpet by reducing its
waste generation; promotes its recycling and reuse; and
provides for negotiation and execution of agreements to
collect, transport, process, or market the discarded carpet for
end-of-life recycling or reuse.

10100SB0557sam001 - 9 - LRB101 04318 CPF 57986 a
(b) On and after January 1, 2021, a producer, distributor,
or retailer that offers carpet for sale in this State is not in
compliance with this Act and is subject to penalties under
Section 70 if the carpet is not subject to the clearinghouse
plan that is submitted by the clearinghouse and approved by the
Agency under Section 30.
Section 25. Clearinghouse plan.
(a) By July 1, 2020 and by July 1 every 3 years thereafter,
beginning with program year 2021, the clearinghouse shall
submit a 3-year plan to the Agency and receive approval of the
plan. The clearinghouse plan shall include, at a minimum, each
of the following:
(1) Certification that the carpet stewardship program
will accept for collection all discarded carpet,
regardless of type or which producer manufactured the
product and its individual components.
(2) Contact information for each individual
representing the clearinghouse, designation of a program
manager responsible for administering the program in this
State, a list of all producers participating in the carpet
stewardship program, and the brands covered by the product
stewardship program.
(3) A description of the methods by which discarded
carpet will be collected in this State with no charge to
any person, including an explanation of how the collection

10100SB0557sam001 - 10 - LRB101 04318 CPF 57986 a
system will be convenient and adequate to serve the needs
of businesses and residents in both urban and rural areas
on an ongoing basis and how the stewardship group will
achieve a convenience standard of having collection sites
in all counties with a population density of greater than
or equal to 100 individuals per square mile in this State
by January 1, 2021 for program year 2021, and all counties
with a population density of greater than or equal to 50
individuals per square mile for program year 2022 and
thereafter.
(4) An evaluation, beginning with the second
three-year plan submitted by July 1, 2023, of the
feasibility and cost of expanding the convenience standard
to at least one collection site in every county in the
State.
(5) A description of how the adequacy of the collection
program will be monitored, evaluated, and maintained.
(6) The names and locations of collectors,
transporters, and processors who will manage discarded
carpet.
(7) A description of how the discarded carpet and the
products' components will be safely and securely
transported, tracked, and handled from collection through
final recycling and processing.
(8) A description of the methods to be used to reuse,
deconstruct, or recycle discarded carpet to ensure that the

10100SB0557sam001 - 11 - LRB101 04318 CPF 57986 a
products' components, to the extent feasible, are
transformed or remanufactured into finished products for
use.
(9) A description of the methods to be used to manage
or dispose of discarded carpet that cannot be recycled or
reused,
(10) A description of the promotion and outreach
activities and proposed budget that will be used to
encourage participation in the collection and recycling
programs and how the activities' effectiveness will be
evaluated and the program modified, if necessary.
(11) Evidence of adequate insurance and financial
assurance that may be required for collection, handling,
and disposal operations.
(12) A 3-year rolling performance goal, including an
estimate of the percentage of discarded carpet that will be
collected, reused, and recycled during each of the next 3
years of the stewardship plan, with a minimum goal of
achieving a 15% recycling rate by December 31, 2023. The
performance goals shall include a specific goal for the
amount of discarded carpet that will be collected,
recycled, and reused during each year of the plan. The
performance goals must be based on:
(A) the most recent collection data available for
this State;
(B) the estimated amount of discarded carpet

10100SB0557sam001 - 12 - LRB101 04318 CPF 57986 a
disposed of annually;
(C) the weight of the discarded carpet that is
expected to be available for collection annually; and
(D) actual collection data from other existing
carpet stewardship programs.
The clearinghouse plan must state the methodology used
to determine these goals. By March 1, 2023, the Agency, in
consultation with the clearinghouse, shall establish a
recycling rate goal for the 3-year plan period beginning
January 1, 2024. Thereafter, the Agency, in consultation
with the clearinghouse, shall establish a recycling rate
goal for each subsequent 3-year plan period by March 1 of
the calendar year preceding the first year of that 3-year
plan period.
(13) A discussion of the status of end markets for
discarded carpet and what, if any, additional end markets
are needed to improve the functioning of the program.
(14) A discussion of carpet design and manufacturing
changes that the producers are considering or have
implemented in order to reduce toxicity, water use, or
energy use associated with the production of carpet and
efforts to increase the recycled content, recyclability,
or carpet longevity.
(15) A funding mechanism consistent with Section 35
that demonstrates sufficient funding to carry out the plan,
including the administrative, operational, and capital

10100SB0557sam001 - 13 - LRB101 04318 CPF 57986 a
costs of the plan, and payment of incentive payments to
carpet collectors, processors, and end use markets to
assist with the implementation of this Act.
(16) Annual budgets showing revenue and expenditure
projections for the current program year and projected for
the next 2 years of the program.
(17) A process by which the financial activities of the
clearinghouse that are related to the implementation of the
plan shall be subject to an annual independent audit, which
shall be reviewed by the Agency.
(18) An evaluation of the feasibility and
effectiveness of a ban on landfilling discarded carpet in
this State, and an opinion on whether to recommend a
landfill ban.
(19) Baseline information, for the most current year
for which data is available, on the amount of square feet
and pounds of carpet sold in this State, by type of polymer
or non-polymer material used to make the carpet.
(20) A discussion of the feasibility, cost, and
effectiveness of labeling the backside of new carpet with
the polymer type or non-polymer material used to
manufacture the carpet to assist processors in more easily
identifying the type of discarded carpet collected for
processing.
(21) A description of the program that shall be
implemented to train carpet installers on how to properly

10100SB0557sam001 - 14 - LRB101 04318 CPF 57986 a
manage discarded carpet so that it can be reused or
recycled pursuant to this Act.
(b) An update to the plan shall be submitted, at a minimum,
every 3 years, or if the Agency determines that a plan update
is needed, prior to the minimum of once every 3 years. If the
Agency determines that a plan update is necessary, such update
shall be submitted to the Agency by the clearinghouse within 30
days of receiving notice from the Agency of the update's
necessity.
(c) The clearinghouse shall notify the Agency within 30
days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a
written plan revision shall be submitted to the Agency for
review and approval.
Section 30. Review and approval of the clearinghouse plan
and plan updates.
(a) Within 14 days of receipt of the clearinghouse plan,
the Agency shall post the plan or plan update on its website.
Within 30 days of its posting on the Agency website, any
interested person living within the State of Illinois may
provide written comments to the clearinghouse regarding the
plan or plan update and those comments shall be responded to by
the clearinghouse within 30 days after receipt of the comments.
(b) Within 90 days after receipt of the proposed plan or
plan update, and not prior to the public comment opportunity

10100SB0557sam001 - 15 - LRB101 04318 CPF 57986 a
provided in subsection (a), the Agency shall determine whether
the plan or plan update complies with Section 25. If the Agency
approves a plan or plan update, the Agency shall notify the
clearinghouse of the plan approval in writing within 14 days of
receipt. If the Agency rejects a plan or plan update, the
Agency shall notify the clearinghouse in writing of the reasons
for rejecting the plan within 14 days of receipt. The
clearinghouse shall submit a revised plan to the Agency within
60 days after receiving notice of rejection. Any proposed
changes to a plan or plan update must be approved by the Agency
in writing.
(c) The clearinghouse plan and plan updates approved by the
Agency shall be placed on the Agency's website and made
available at the Agency's headquarters for public review within
30 days of the Agency's approval.
Section 35. Carpet stewardship assessment.
(a) On and after January 1, 2020 a producer of carpet shall
add a carpet stewardship assessment fee of 4 cents per square
foot to the purchase price of nylon carpet, polypropylene
carpet, and wool carpet, and 6 cents per square foot to the
purchase price of PET carpet, PTT carpet, and blended carpet
sold in this State by that producer. The assessment added under
this Section shall be remitted by the producer on a quarterly
basis to the clearinghouse.
(b) Notwithstanding any provision of law to the contrary,

10100SB0557sam001 - 16 - LRB101 04318 CPF 57986 a
the assessment established under this Section is exempt from
taxes imposed by the Illinois Department of Revenue and shall
meet both of the following requirements:
(1) The assessment shall be added by the producer to
the purchase price of all carpet sold by producers to an
Illinois retailer or distributor or otherwise sold for use
in this State. The assessment shall be clearly visible on
all invoices or functionally equivalent billing documents
as a separate line item and shall be accompanied by a brief
description of the assessment.
(2) Each retailer and distributor shall add the
assessment to the purchase price of all carpet sold in this
State. The assessment shall be clearly visible on all
invoices or functionally equivalent billing documents as a
separate line item and shall be accompanied by a brief
description of the assessment.
(c) It is the intent of the General Assembly that the
amount of the assessment fee be reduced by the clearinghouse as
the carpet stewardship program is implemented over time and
becomes more efficient.
(d) If the amount of the assessment is too low to properly
fund the carpet stewardship program the clearinghouse may
submit a plan update, which must be approved by the Agency, in
accordance with Section 30, prior to the fee being increased.
(e) The assessment shall be lowered if at any time the fee
generates a fund balance at the end of a program year that is

10100SB0557sam001 - 17 - LRB101 04318 CPF 57986 a
greater than one year's operating costs of the carpet
stewardship program. If a fund balance greater than one year's
operating cost is reached, the clearinghouse shall submit a
plan update to reduce the assessment in accordance with Section
30.
(f) The assessment fee shall be deposited by the
clearinghouse into an Illinois chartered bank, and if for any
reason this Act is repealed, the entire assessment fund balance
shall be transferred by the clearinghouse to the State of
Illinois to be deposited into the Solid Waste Management Fund.
Section 40. State action antitrust exemption. Each
producer and the clearinghouse shall be immune from liability
for any claim of violation of antitrust law or unfair trade
practice if the conduct is a violation of antitrust law, to the
extent the producer or clearinghouse is exercising authority
under the provisions of this Act.
Section 45. Requirements applicable to producers.
(a) On and after January 1, 2020, a producer of carpet
shall add the stewardship assessment, as established in Section
35, to the cost of carpet sold to retailers and distributors in
this State by the producer.
(b) Producers shall provide consumers with educational
materials regarding the stewardship assessment and carpet
stewardship program as required by paragraph (1) of subsection

10100SB0557sam001 - 18 - LRB101 04318 CPF 57986 a
(b) of Section 35 of this Act. The materials shall include, but
are not limited to, (i) information regarding available
end-of-life management options for carpet offered through the
carpet stewardship program and (ii) information that notifies
the consumers that a charge for the operation of the carpet
stewardship program is included in the purchase price of carpet
sold in this State.
(c) Producers who sell carpet in this State shall register
with the Agency by January 1, 2020 and annually thereafter for
as long as that producer sells carpet in this State.
Section 50. Requirements applicable to retailers and
distributors.
(a) Three months after program plan approval, no carpet may
be sold in this State unless the product's producer is
participating the clearinghouse plan.
(b) Any retailer or distributor may participate, on a
voluntary basis, as a designated collection point pursuant to a
product stewardship program and in accordance with applicable
law.
(c) No retailer or distributor shall be found to be in
violation of this Section if, on the date the carpet was
ordered from the producer or its agent, the producer was listed
as compliant on the Agency's website in accordance with this
Act.

10100SB0557sam001 - 19 - LRB101 04318 CPF 57986 a
Section 55. Requirements applicable to the Agency.
(a) Beginning January 1, 2020, and annually thereafter, the
Agency shall post on its website the list of carpet producers
that registered with the Agency, in accordance with Section 45,
and who are in compliance with this Act.
(b) Beginning January 1, 2021, and annually thereafter, for
the benefit of assisting consumers who wish to find collection
sites for recycling carpet, the Agency shall post on its
website the location of all collection sites identified to the
Agency by the clearinghouse in its plans and annual reports.
(c) The Agency shall post on its website the plan as
approved by the Agency and any subsequent updates within 30
days of receipt pursuant to Section 30.
(d) Beginning May 1, 2022, and annually thereafter, the
Agency shall post on its website copies of the annual reports.
(e) Beginning March 1, 2023, and once every 3 years
thereafter, the Agency shall, in consultation with the
clearinghouse, establish the recycling rate performance goal
in the clearinghouse plan, beginning with program year 2024.
Section 60. Annual stewardship reports.
(a) By April 1, 2022, and by April 1 of each year
thereafter, the clearinghouse shall submit a report to the
Agency that includes, for the previous program year, a
description of the carpet stewardship program, including, but
not limited to, the following:

10100SB0557sam001 - 20 - LRB101 04318 CPF 57986 a
(1) the amount of carpet sold by square feet and pounds
in this State during the reporting period by polymer type
or non-polymer material, including a separate reporting of
the amount of carpet sold in this State for which the
carpet stewardship assessment was collected;
(2) a description of the methods used to collect,
transport, and process discarded carpet in regions of this
State, and a listing of the persons used to collect,
transport, and process discarded carpet;
(3) identification of all discarded carpet collection
sites in this State and whether the requirement of
paragraph (3) of subsection (a) of Section 25 has been met;
(4) the weight of all discarded carpet collected and
reused or recycled in all regions of this State, a
comparison to the performance goals and recycling rates
established in the clearinghouse plan, and, if
appropriate, an explanation stating the reason or reasons
performance goals were not met;
(5) the weight of discarded carpet collected in this
State but not recycled and its ultimate disposition, and a
comparison to the performance goals in the clearinghouse
plan;
(6) the total cost of implementing the clearinghouse
plan and a copy of the independent audit regarding the
financial activities of the clearinghouse;
(7) a proposed budget for implementing the

10100SB0557sam001 - 21 - LRB101 04318 CPF 57986 a
clearinghouse plan in the subsequent calendar year;
(8) an evaluation of the funding mechanism and its
ability to properly fund the implementation of the
clearinghouse plan, and provide adequate incentive
payments to collectors, processors and end markets for
managing carpet;
(9) identification of the facilities processing
carpet, the weight processed at each facility, and each
facility's processing capacity;
(10) an evaluation of the effectiveness of the
clearinghouse plan, and anticipated steps, if needed, to
improve performance;
(11) a discussion of progress made toward achieving
carpet design changes according to paragraph (14) of
subsection (a) of Section 25;
(12) samples of educational materials provided to
consumers and carpet installers, and an evaluation of the
effectiveness of the materials and the methods used to
disseminate the materials. The evaluation shall include,
but shall not be limited to, information on the number of
consumers and carpet installers that received or viewed the
educational materials, and any consumer and carpet
installer survey data that may have been collected
regarding the educational materials used; and
(13) an evaluation of the feasibility and
effectiveness of a ban on landfilling carpet in this State,

10100SB0557sam001 - 22 - LRB101 04318 CPF 57986 a
and an opinion on whether to recommend a landfill ban.
Section 65. Administrative fee.
(a) The clearinghouse shall pay the Agency an annual
administrative fee of $100,000 which may be paid for from
revenue from the carpet stewardship assessment.
(b) The clearinghouse shall pay the Agency's
administrative fee under subsection (a) on or before January 1,
2021, and annually thereafter.
(c) The Agency shall deposit the fees collected under this
Section into the Solid Waste Management Fund.
Section 70. Enforcement.
(a) On and after the implementation date of the carpet
stewardship program, no producer, distributor, or retailer
shall sell or offer for sale carpet to any person in this State
if the producer of the carpet is not registered with the Agency
pursuant to subsection (c) of Section 45 and participating in
implementing the clearinghouse plan.
(b) No retailer or distributor shall be found in violation
of the provisions of subsection (a) if, on the date the carpet
was ordered from the producer or its agent, the producer was
listed on the Agency's website in accordance with the
provisions of subsection (a) of Section 55.
(c) The Attorney General or State's Attorney may request,
and a Court may impose, after providing notice and opportunity

10100SB0557sam001 - 23 - LRB101 04318 CPF 57986 a
to be heard, a civil penalty in the amount of $5,000 per day
per violation against any person who violates the terms of this
Act.
(d) Nothing in this Act prohibits a retailer or distributor
from selling their inventory of carpet existing prior to the
date the first stewardship plan prepared by the clearinghouse
is approved by the Agency.
(e) The penalties provided for in this Section may be
recovered in a civil action brought in the name of the People
of the State of Illinois by the State's Attorney of the county
in which the violation occurred or by the Attorney General. Any
funds collected under this Section in an action in which the
Attorney General has prevailed shall be deposited in the
Environmental Protection Trust Fund, to be used in accordance
with the provisions of the Environmental Trust Fund Act.
Section 75. State procurement of carpet. Beginning on
January 1, 2022, at least 35% of carpet purchased by State
agencies shall be carpet with a minimum of 10% post-consumer
recycled content by weight from discarded carpet and comply
with the National Science Foundation/American National
Standards Institute (NSF/ANSI) 140-2009 Standard, Platinum
Level or the most current version in effect as provided by the
American National Standards Institute. The carpet shall be
purchased from a carpet producer with a third party certified
closed loop recycling facility. Thereafter, those purchases

10100SB0557sam001 - 24 - LRB101 04318 CPF 57986 a
shall increase by a rate of 10% per year until it reaches 75%.
Prior to January 1, 2022, the clearinghouse shall provide a
report to the Illinois Department of Central Management
Services on the other types of products that contain recycled
carpet as a feedstock that the State should consider
purchasing.
Section 99. Effective date. This Act takes effect upon
becoming law.".