Bill Amendment: IL SB2417 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: ELECTRONIC PRODUCTS RECYCLING

Status: 2016-07-31 - Senate Floor Amendment No. 5 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2417 Detail]

Download: Illinois-2015-SB2417-Senate_Amendment_003.html

---

Sen. Pamela J. Althoff

Filed: 5/3/2016

09900SB2417sam003 LRB099 02670 MJP 48140 a
AMENDMENT TO SENATE BILL 2417
AMENDMENT NO. ______. Amend Senate Bill 2417, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Electronic Products Recycling and Reuse Act
is amended by changing Section 30 and by adding Section 57 as
follows:
(415 ILCS 150/30)
Sec. 30. Manufacturer responsibilities.
(a) Prior to April 1, 2009 for the first program year, and
by October 1 for program year 2011 and each program year
thereafter, manufacturers who sell computers, computer
monitors, printers, televisions, electronic keyboards,
facsimile machines, videocassette recorders, portable digital
music players, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable

09900SB2417sam003 - 2 - LRB099 02670 MJP 48140 a
receivers, satellite receivers, digital video disc recorders,
or small-scale servers in this State must register with the
Agency. The registration must be submitted in the form and
manner required by the Agency. The registration must include,
without limitation, all of the following:
(1) a list of all of the manufacturer's brands of
computers, computer monitors, printers, televisions,
electronic keyboards, facsimile machines, videocassette
recorders, portable digital music players, digital video
disc players, video game consoles, electronic mice,
scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, and
small-scale servers to be offered for sale in the next
program year;
(2) (blank); and
(3) a statement disclosing whether any of the
manufacturer's computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc
recorders, or small-scale servers sold in this State exceed
the maximum concentration values established for lead,
mercury, cadmium, hexavalent chromium, polybrominated
biphenyls (PBBs), and polybrominated diphenyl ethers

09900SB2417sam003 - 3 - LRB099 02670 MJP 48140 a
(PBDEEs) under the RoHS (restricting the use of certain
hazardous substances in electrical and electronic
equipment) Directive 2002/95/EC of the European Parliament
and Council and any amendments thereto and, if so, an
identification of the aforementioned electronic device
that exceeds the directive.
If, during the program year, any of the manufacturer's
aforementioned electronic devices are sold or offered for sale
in Illinois under a new brand that is not listed in the
manufacturer's registration, then, within 30 days after the
first sale or offer for sale under the new brand, the
manufacturer must amend its registration to add the new brand.
(b) Prior to July 1, 2009 for the first program year, and
by the November 1 preceding program years 2011 and later, all
manufacturers whose computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic
mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, or
small-scale servers are offered for sale in the State shall
submit to the Agency, at an address prescribed by the Agency,
the registration fee for the next program year. The
registration fee for program year 2010 is $5,000. The
registration fee for program year 2011 is $5,000, increased by
the applicable inflation factor as described below. In program

09900SB2417sam003 - 4 - LRB099 02670 MJP 48140 a
year 2012, if, in program year 2011, a manufacturer sold 250 or
fewer of the aforementioned electronic devices in the State,
then the registration fee for that manufacturer is $1,250. In
each program year after 2012, if, in the preceding program
year, a manufacturer sold 250 or fewer of the aforementioned
electronic devices in the State, then the registration fee is
the fee that applied in the previous year to manufacturers that
sold that number of the aforementioned electronic devices,
increased by the applicable inflation factor as described
below. In program year 2012, if, in the preceding program year
a manufacturer sold 251 or more of the aforementioned
electronic devices in the State, then the registration fee for
that manufacturer is $5,000. In each program year after 2012,
if, in the preceding program year, a manufacturer sold 251 or
more of the aforementioned electronic devices in the State,
then the registration fee is the fee that applied in the
previous year to manufacturers that sold that number of the
aforementioned electronic devices, increased by the applicable
inflation factor as described below. For program year 2011,
program year 2013, and each program year thereafter, the
applicable registration fee is increased each year by an
inflation factor determined by the annual Implicit Price
Deflator for Gross National Product, as published by the U.S.
Department of Commerce in its Survey of Current Business. The
inflation factor must be calculated each year by dividing the
latest published annual Implicit Price Deflator for Gross

09900SB2417sam003 - 5 - LRB099 02670 MJP 48140 a
National Product by the annual Implicit Price Deflator for
Gross National Product for the previous year. The inflation
factor must be rounded to the nearest 1/100th, and the
resulting registration fee must be rounded to the nearest whole
dollar. No later than October 1 of each program year, the
Agency shall post on its website the registration fee for the
next program year.
(c) A manufacturer whose computers, computer monitors,
printers, televisions, electronic keyboards, facsimile
machines, videocassette recorders, portable digital music
players, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc recorders,
or small-scale servers are sold or offered for sale in this
State on or after January 1 of a program year must register
with the Agency within 30 days after the first sale or offer
for sale in accordance with subsection (a) of this Section and
submit the registration fee required under subsection (b) of
this Section prior to the aforementioned electronic devices
being sold or offered for sale.
(d) Each manufacturer shall recycle or process for reuse
CEDs and EEDs whose total weight equals or exceeds the
manufacturer's individual recycling and reuse goal set forth in
Section 15 of this Act. Individual consumers shall not be
charged a fee when bringing their CEDs and EEDs to collection
locations, unless a financial incentive of equal or greater

09900SB2417sam003 - 6 - LRB099 02670 MJP 48140 a
value, such as a coupon, is provided, except as provided in
Section 57. Collectors may charge a fee for premium services
such as curbside collection, home pick-up, or a similar method
of collection.
When determining whether a manufacturer has met or exceeded
its individual recycling and reuse goal set forth in Section 15
of this Act, all of the following adjustments must be made:
(1) The total weight of CEDs processed by the
manufacturer, its recyclers, or its refurbishers for reuse
is doubled.
(2) The total weight of CEDs is tripled if they are
donated for reuse by the manufacturer to a primary or
secondary public education institution the majority of
whose students are considered low income or
developmentally disabled or to low-income children or
families or to assist the developmentally disabled in
Illinois. This subsection applies only to CEDs for which
the manufacturer has received a written confirmation that
the recipient has accepted the donation. Copies of all
written confirmations must be submitted in the annual
report required under Section 30.
(3) The total weight of CEDs collected by manufacturers
free of charge in underserved counties is doubled. This
subsection applies only to CEDs that are documented by
collectors as being collected or received free of charge in
underserved counties. This documentation must include,

09900SB2417sam003 - 7 - LRB099 02670 MJP 48140 a
without limitation, the date and location of collection or
receipt, the weight of the CEDs collected or received, and
an acknowledgement by the collector that the CEDs were
collected or received free of charge. Copies of the
documentation must be submitted in the annual report
required under subsection (h), (i), (j), (k), or (l) of
Section 30.
(4) If an entity (i) collects, recycles, or refurbishes
CEDs for a manufacturer, (ii) qualifies for non-profit
status under Section 501(c)(3) of the Internal Revenue Code
of 1986, and (iii) at least 75% of its employees are
developmentally disabled, then the total weight of CEDs
will be tripled. A manufacturer that uses such a recycler
or refurbisher shall submit documentation in the annual
report required under Section 30 identifying the name,
location, and length of service of the entity that
qualifies for credit under this subsection.
(e) (Blank).
(f) Manufacturers shall ensure that only recyclers and
refurbishers that have registered with the Agency are used to
meet the individual recycling and reuse goals set forth in this
Act.
(g) Manufacturers shall ensure that the recyclers and
refurbishers used to meet the individual recycling and reuse
goals set forth in this Act shall, at a minimum, comply with
the standards set forth under subsection (d) of Section 50 of

09900SB2417sam003 - 8 - LRB099 02670 MJP 48140 a
this Act. By November 1, 2011 and every November 1 thereafter,
manufacturers shall submit a document, as prescribed by the
Agency, listing each registered recycler and refurbisher that
will be used to meet the manufacturer's annual CED recycling
and reuse goal and certifying that those recyclers or
refurbishers comply with the standards set forth in subsection
(d) of Section 50.
(h) By September 1, 2012 and every September 1 thereafter,
manufacturers of computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic
mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, or
small-scale servers shall submit to the Agency, in the form and
manner required by the Agency, a report that contains the total
weight of the aforementioned electronic devices sold under each
of the manufacturer's brands to individuals in this State as
calculated under subsection (c) and (c-5) of Section 15, as
applicable. Each manufacturer shall indicate on the report
whether the total weight of the aforementioned electronic
devices was derived from its own sales records or national
sales data. If a manufacturer's weight for aforementioned
electronic devices is derived from national sales data, the
manufacturer shall indicate the source of the sales data.
(i) (Blank).

09900SB2417sam003 - 9 - LRB099 02670 MJP 48140 a
(j) (Blank).
(k) (Blank).
(l) On or before January 31, 2013 and on or before every
January 31 thereafter, manufacturers of computers, computer
monitors, printers, televisions, electronic keyboards,
facsimile machines, videocassette recorders, portable digital
music players, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc recorders,
and small-scale servers shall submit to the Agency, on forms
and in a format prescribed by the Agency, a report that
contains all of the following information for the previous
program year:
(1) The total weight of computers, the total weight of
computer monitors, the total weight of printers, facsimile
machines, and scanners, the total weight of televisions,
the total weight of the remaining CEDs, and the total
weight of EEDs recycled or processed for reuse.
(2) The identification of all weights that are adjusted
under subsection (d) of this Section. For all weights
adjusted under item (2) of subsection (d), the manufacturer
must include copies of the written confirmation required
under that subsection.
(3) A list of each recycler, refurbisher, and collector
used by the manufacturer to fulfill the manufacturer's
individual recycling and reuse goal set forth in

09900SB2417sam003 - 10 - LRB099 02670 MJP 48140 a
subsections (c) and (c-5) of Section 15 of this Act.
(4) A summary of the manufacturer's consumer education
program required under subsection (m) of this Section.
(m) Manufacturers must develop and maintain a consumer
education program that complements and corresponds to the
primary retailer-driven campaign required under Section 40 of
this Act. The education program shall promote the recycling of
electronic products and proper end-of-life management of the
products by consumers.
(n) Beginning January 1, 2012, no manufacturer may sell a
computer, computer monitor, printer, television, electronic
keyboard, facsimile machine, videocassette recorder, portable
digital music player, digital video disc player, video game
console, electronic mouse, scanner, digital converter box,
cable receiver, satellite receiver, digital video disc
recorder, or small-scale server in this State unless the
manufacturer is registered with the State as required under
this Act, has paid the required registration fee, and is
otherwise in compliance with the provisions of this Act.
(o) Beginning January 1, 2012, no manufacturer may sell a
computer, computer monitor, printer, television, electronic
keyboard, facsimile machine, videocassette recorder, portable
digital music player, digital video disc player, video game
console, electronic mouse, scanner, digital converter box,
cable receiver, satellite receiver, digital video disc
recorder, or small-scale server in this State unless the

09900SB2417sam003 - 11 - LRB099 02670 MJP 48140 a
manufacturer's brand name is permanently affixed to, and is
readily visible on, the computer, computer monitor, printer, or
television.
(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
(415 ILCS 150/57 new)
Sec. 57. Collection fee. Notwithstanding any other
provision of this Act, a collector may charge a fee to accept a
CED that contains a cathode-ray tube. The fee authorized under
this Section shall not exceed $30 for each accepted CED that
contains a cathode-ray tube.
Section 99. Effective date. This Act takes effect upon
becoming law.".