Public Act 100-0613

HB1439 Enrolled LRB100 03186 MJP 13191 b

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Electronic Products Recycling and Reuse Act

is amended by changing Section 50 as follows:

(415 ILCS 150/50)

(Section scheduled to be repealed on January 1, 2020)

Sec. 50. Recycler and refurbisher registration.

(a) Prior to January 1 of each program year, through

program year 2018, each recycler and refurbisher must register

with the Agency and submit a registration fee pursuant to

subsection (b) for that program year. Registration must be on

forms and in a format prescribed by the Agency and shall

include, but not be limited to, the address of each location

where the recycler or refurbisher manages CEDs or EEDs and

identification of each location at which the recycler or

refurbisher accepts CEDs or EEDs from a residence.

(b) The registration fee for program year 2010 is $2,000.

For program year 2011, if a recycler's or refurbisher's annual

combined total weight of CEDs and EEDs is less than 1,000 tons

per year, the registration fee shall be $500. For program year

2012 and for all subsequent program years, through program year

2018, both registration fees shall be 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

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, through

October 1, 2017, the Agency shall post on its website the

registration fee for the next program year.

(c) Through program year 2018, no person may act as a

recycler or a refurbisher of CEDs for a manufacturer obligated

to meet goals under this Act unless the recycler or refurbisher

is registered with the Agency and has paid the registration fee

as required under this Section. Beginning in program year 2016,

and through program year 2018, all recycling or refurbishing

facilities used by collectors of CEDs and EEDs shall be

accredited by the Responsible Recycling (R2) Practices or

e-Stewards certification programs or any other equivalent

certification programs recognized by the United States

Environmental Protection Agency. Accreditation is not required

for facilities that place cathode ray tube (CRT) glass in

storage cells for future retrieval in accordance with

subsection (d) of Section 15 of this Act. Manufacturers of CEDs

and EEDs shall ensure that recycling or refurbishing facilities

used as part of their recovery programs meet this requirement.

Any organization that accredits facilities pursuant to this

Section is prohibited from penalizing or taking other negative

actions against any recycler, refurbisher, or collector of CEDs

and EEDs based on the recycler's, refurbisher's, or collector's

use of a facility that places CRT glass in storage cells for

future retrieval in accordance with subsection (d) of Section

15 of this Act.

(c-5) Through program year 2018, a registered recycler or

refurbisher of CEDs and EEDs for a manufacturer obligated to

meet goals under this Act may not charge individual consumers

or units of local government acting as collectors a fee to

recycle or refurbish CEDs and EEDs, unless the recycler or

refurbisher provides (i) a financial incentive, such as a

coupon, that is of greater or equal value to the fee being

charged or (ii) premium service, such as curbside collection,

home pick-up, or similar methods of collection. Local units of

government serving as collectors of CEDs and EEDs shall not

charge a manufacturer for collection costs and shall offer the

manufacturer or its representative all CEDs and EEDs collected

by the local government at no cost. Nothing in this Act

requires a local unit of government to serve as a collector.

(c-10) Nothing in this Act prohibits any waste hauler from

entering into a contractual agreement with a unit of local

government to establish a collection program for the recycling

or reuse of CEDs or EEDs, including services such as curbside

collection, home pick-up, drop-off locations, or similar

methods of collection.

(d) Through program year 2018, recyclers and refurbishers

must, at a minimum, comply with all of the following:

(1) Recyclers and refurbishers must comply with

federal, State, and local laws and regulations, including

federal and State minimum wage laws, specifically relevant

to the handling, processing, refurbishing and recycling of

residential CEDs and must have proper authorization by all

appropriate governing authorities to perform the handling,

processing, refurbishment, and recycling.

(2) Recyclers and refurbishers must implement the

appropriate measures to safeguard occupational and

environmental health and safety, through the following:

(A) environmental health and safety training of

personnel, including training with regard to material

and equipment handling, worker exposure, controlling

releases, and safety and emergency procedures;

(B) an up-to-date, written plan for the

identification and management of hazardous materials;

and

(C) an up-to-date, written plan for reporting and

responding to exceptional pollutant releases,

including emergencies such as accidents, spills,

fires, and explosions.

(3) Recyclers and refurbishers must maintain (i)

commercial general liability insurance or the equivalent

corporate guarantee for accidents and other emergencies

with limits of not less than $1,000,000 per occurrence and

$1,000,000 aggregate and (ii) pollution legal liability

insurance with limits not less than $1,000,000 per

occurrence for companies engaged solely in the dismantling

activities and $5,000,000 per occurrence for companies

engaged in recycling.

(4) Recyclers and refurbishers must maintain on file

documentation that demonstrates the completion of an

environmental health and safety audit completed and

certified by a competent internal and external auditor

annually. A competent auditor is an individual who, through

professional training or work experience, is appropriately

qualified to evaluate the environmental health and safety

conditions, practices, and procedures of the facility.

Documentation of auditors' qualifications must be

available for inspection by Agency officials and

third-party auditors.

(5) Recyclers and refurbishers must maintain on file

proof of workers' compensation and employers' liability

insurance.

(6) Recyclers and refurbishers must provide adequate

assurance (such as bonds or corporate guarantee) to cover

environmental and other costs of the closure of the

recycler or refurbisher's facility, including cleanup of

stockpiled equipment and materials.

(7) Recyclers and refurbishers must apply due

diligence principles to the selection of facilities to

which components and materials (such as plastics, metals,

and circuit boards) from CEDs and EEDs are sent for reuse

and recycling.

(8) Recyclers and refurbishers must establish a

documented environmental management system that is

appropriate in level of detail and documentation to the

scale and function of the facility, including documented

regular self-audits or inspections of the recycler or

refurbisher's environmental compliance at the facility.

(9) Recyclers and refurbishers must use the

appropriate equipment for the proper processing of

incoming materials as well as controlling environmental

releases to the environment. The dismantling operations

and storage of CED and EED components that contain

hazardous substances must be conducted indoors and over

impervious floors. Storage areas must be adequate to hold

all processed and unprocessed inventory. When heat is used

to soften solder and when CED and EED components are

shredded, operations must be designed to control indoor and

outdoor hazardous air emissions.

(10) Recyclers and refurbishers must establish a

system for identifying and properly managing components

(such as circuit boards, batteries, CRTs, and mercury

phosphor lamps) that are removed from CEDs and EEDs during

disassembly. Recyclers and refurbishers must properly

manage all hazardous and other components requiring

special handling from CEDs and EEDs consistent with

federal, State, and local laws and regulations. Recyclers

and refurbishers must provide visible tracking (such as

hazardous waste manifests or bills of lading) of hazardous

components and materials from the facility to the

destination facilities and documentation (such as

contracts) stating how the destination facility processes

the materials received. No recycler or refurbisher may

send, either directly or through intermediaries, hazardous

wastes to solid waste (non-hazardous waste) landfills or to

non-hazardous waste incinerators for disposal or energy

recovery. For the purpose of these guidelines, smelting of

hazardous wastes to recover metals for reuse in conformance

with all applicable laws and regulations is not considered

disposal or energy recovery.

(11) Recyclers and refurbishers must use a regularly

implemented and documented monitoring and record-keeping

program that tracks inbound CED and EED material weights

(total) and subsequent outbound weights (total to each

destination), injury and illness rates, and compliance

with applicable permit parameters including monitoring of

effluents and emissions. Recyclers and refurbishers must

maintain contracts or other documents, such as sales

receipts, suitable to demonstrate: (i) the reasonable

expectation that there is a downstream market or uses for

designated electronics (which may include recycling or

reclamation processes such as smelting to recover metals

for reuse); and (ii) that any residuals from recycling or

reclamation processes, or both, are properly handled and

managed to maximize reuse and recycling of materials to the

extent practical.

(12) Recyclers and refurbishers must comply with

federal and international law and agreements regarding the

export of used products or materials. In the case of

exports of CEDs and EEDs, recyclers and refurbishers must

comply with applicable requirements of the U.S. and of the

import and transit countries and must maintain proper

business records documenting its compliance. No recycler

or refurbisher may establish or use intermediaries for the

purpose of circumventing these U.S. import and transit

country requirements.

(13) Recyclers and refurbishers that conduct

transactions involving the transboundary shipment of used

CEDs and EEDs shall use contracts (or the equivalent

commercial arrangements) made in advance that detail the

quantity and nature of the materials to be shipped. For the

export of materials to a foreign country (directly or

indirectly through downstream market contractors): (i) the

shipment of intact televisions and computer monitors

destined for reuse must include only whole products that

are tested and certified as being in working order or

requiring only minor repair (e.g. not requiring the

replacement of circuit boards or CRTs), must be destined

for reuse with respect to the original purpose, and the

recipient must have verified a market for the sale or

donation of such product for reuse; (ii) the shipments of

CEDs and EEDs for material recovery must be prepared in a

manner for recycling, including, without limitation,

smelting where metals will be recovered, plastics recovery

and glass-to-glass recycling; or (iii) the shipment of CEDs

and EEDs are being exported to companies or facilities that

are owned or controlled by the original equipment

manufacturer.

(14) Recyclers and refurbishers must maintain the

following export records for each shipment on file for a

minimum of 3 years: (i) the facility name and the address

to which shipment is exported; (ii) the shipment contents

and volumes; (iii) the intended use of contents by the

destination facility; (iv) any specification required by

the destination facility in relation to shipment contents;

(v) an assurance that all shipments for export, as

applicable to the CED manufacturer, are legal and satisfy

all applicable laws of the destination country.

(15) Recyclers and refurbishers must employ

industry-accepted procedures for the destruction or

sanitization of data on hard drives and other data storage

devices. Acceptable guidelines for the destruction or

sanitization of data are contained in the National

Institute of Standards and Technology's Guidelines for

Media Sanitation or those guidelines certified by the

National Association for Information Destruction;

(16) No recycler or refurbisher may employ prison labor

in any operation related to the collection,

transportation, recycling, and refurbishment of CEDs and

EEDs. No recycler or refurbisher may employ any third party

that uses or subcontracts for the use of prison labor.

(Source: P.A. 99-13, eff. 7-10-15; 100-433, eff. 8-25-17.)

Section 99. Effective date. This Act takes effect upon

becoming law.