Bill Text: IL HB1955 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Insurance Code. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Enrolled) 2017-07-06 - Passed Both Houses [HB1955 Detail]

Download: Illinois-2017-HB1955-Enrolled.html



HB1955 EnrolledLRB100 04571 SMS 14577 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. If and only if Senate Bill 1417 of the 100th
5General Assembly becomes law, then the Consumer Electronics
6Recycling Act is amended by changing Sections 1-5, 1-10, 1-15,
71-20, 1-25, 1-30, 1-35, 1-40, 1-45, 1-50, 1-55, and 1-85 and by
8adding Section 1-84 as follows:
9 (100SB1417enr., Sec. 1-5)
10 Sec. 1-5. Definitions. As used in this Act:
11 "Agency" means the Illinois Environmental Protection
12Agency.
13 "Best practices" means standards for collecting and
14preparing items for shipment and recycling. "Best practices"
15may include standards for packaging for transport, load size,
16acceptable load contamination levels, non-CED items included
17in a load, and other standards as determined under Section 1-85
18of this Act. "Best practices" shall consider the desired intent
19to preserve existing collection programs and relationships
20when possible.
21 "Collector" means a person who collects residential CEDs at
22any program collection site or one-day collection event and
23prepares them for transport.

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1 "Computer", often referred to as a "personal computer" or
2"PC", means a desktop or notebook computer as further defined
3below and used only in a residence, but does not mean an
4automated typewriter, electronic printer, mobile telephone,
5portable hand-held calculator, portable digital assistant
6(PDA), MP3 player, or other similar device. "Computer" does not
7include computer peripherals, commonly known as cables, mouse,
8or keyboard. "Computer" is further defined as either:
9 (1) "Desktop computer", which means an electronic,
10 magnetic, optical, electrochemical, or other high-speed
11 data processing device performing logical, arithmetic, or
12 storage functions for general purpose needs that are met
13 through interaction with a number of software programs
14 contained therein, and that is not designed to exclusively
15 perform a specific type of logical, arithmetic, or storage
16 function or other limited or specialized application.
17 Human interface with a desktop computer is achieved through
18 a stand-alone keyboard, stand-alone monitor, or other
19 display unit, and a stand-alone mouse or other pointing
20 device, and is designed for a single user. A desktop
21 computer has a main unit that is intended to be
22 persistently located in a single location, often on a desk
23 or on the floor. A desktop computer is not designed for
24 portability and generally utilizes an external monitor,
25 keyboard, and mouse with an external or internal power
26 supply for a power source. Desktop computer does not

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1 include an automated typewriter or typesetter; or
2 (2) "Notebook computer", which means an electronic,
3 magnetic, optical, electrochemical, or other high-speed
4 data processing device performing logical, arithmetic, or
5 storage functions for general purpose needs that are met
6 through interaction with a number of software programs
7 contained therein, and that is not designed to exclusively
8 perform a specific type of logical, arithmetic, or storage
9 function or other limited or specialized application.
10 Human interface with a notebook computer is achieved
11 through a keyboard, video display greater than 4 inches in
12 size, and mouse or other pointing device, all of which are
13 contained within the construction of the unit that
14 comprises the notebook computer; supplemental stand-alone
15 interface devices typically can also be attached to the
16 notebook computer. Notebook computers can use external,
17 internal, or batteries for a power source. Notebook
18 computer does not include a portable hand-held calculator,
19 or a portable digital assistant or similar specialized
20 device. A notebook computer has an incorporated video
21 display greater than 4 inches in size and can be carried as
22 one unit by an individual. A notebook computer is sometimes
23 referred to as a laptop computer.
24 (3) "Tablet computer", which means an electronic,
25 magnetic, optical, electrochemical, or other high-speed
26 data processing device performing logical, arithmetic, or

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1 storage functions for general purpose needs that are met
2 through interaction with a number of software programs
3 contained therein, and that is not designed to exclusively
4 perform a specific type of logical, arithmetic, or storage
5 function or other limited or specialized application.
6 Human interface with a tablet computer is achieved through
7 a touch screen and video display screen greater than 6
8 inches in size (all of which are contained within the unit
9 that comprises the tablet computer). Tablet computers may
10 use an external or internal power source. "Tablet computer"
11 does not include a portable hand-held calculator, a
12 portable digital assistant, or a similar specialized
13 device.
14 "Computer monitor" means an electronic device that is a
15cathode-ray tube or flat panel display primarily intended to
16display information from a computer and is used only in a
17residence.
18 "County collection site" means a collection site owned or
19operated by a county or operated by a third party on behalf of
20a county.
21 "County recycling coordinator" means the individual who is
22designated as the recycling coordinator for a county in a waste
23management plan developed pursuant to the Solid Waste Planning
24and Recycling Act.
25 "Covered electronic device" or "CED" means any computer,
26computer monitor, television, printer, electronic keyboard,

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1facsimile machine, videocassette recorder, portable digital
2music player that has memory capability and is battery powered,
3digital video disc player, video game console, electronic
4mouse, scanner, digital converter box, cable receiver,
5satellite receiver, digital video disc recorder, or
6small-scale server sold at retail and taken out of service from
7a residence in this State. "Covered electronic device" does not
8include any of the following:
9 (1) an electronic device that is a part of a motor
10 vehicle or any component part of a motor vehicle assembled
11 by or for a vehicle manufacturer or franchised dealer,
12 including replacement parts for use in a motor vehicle;
13 (2) an electronic device that is functionally or
14 physically part of a larger piece of equipment or that is
15 taken out of service from an industrial, commercial
16 (including retail), library checkout, traffic control,
17 kiosk, security (other than household security),
18 governmental, agricultural, or medical setting, including
19 but not limited to diagnostic, monitoring, or control
20 equipment; or
21 (3) an electronic device that is contained within a
22 clothes washer, clothes dryer, refrigerator, refrigerator
23 and freezer, microwave oven, conventional oven or range,
24 dishwasher, room air conditioner, dehumidifier, water
25 pump, sump pump, or air purifier. To the extent allowed
26 under federal and State laws and regulations, a CED that is

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1 being collected, recycled, or processed for reuse is not
2 considered to be hazardous waste, household waste, solid
3 waste, or special waste.
4 "Covered electronic device category" or "CED category"
5means each of the following 8 categories of residential CEDs:
6 (1) computers and small-scale servers;
7 (2) computer monitors;
8 (3) televisions;
9 (4) printers, facsimile machines, and scanners;
10 (5) digital video disc players, digital video disc
11 recorders, and videocassette recorders;
12 (6) video game consoles;
13 (7) digital converter boxes, cable receivers, and
14 satellite receivers; and
15 (8) electronic keyboards, electronic mice, and
16 portable digital music players that have memory capability
17 and are battery powered.
18 "Manufacturer" means a person, or a successor in interest
19to a person, under whose brand or label a CED is or was sold at
20retail. For any CED sold at retail under a brand or label that
21is licensed from a person who is a mere brand owner and who
22does not sell or produce a CED, the person who produced the CED
23or his or her successor in interest is the manufacturer. For
24any CED sold at retail under the brand or label of both the
25retail seller and the person that produced the CED, the person
26that produced the CED, or his or her successor in interest, is

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1the manufacturer.
2 "Manufacturer clearinghouse" means a group of 2 or more
3manufacturers, representing at least 50% of the manufacturers'
4total obligations under this Act for a program year, that are
5cooperating with one another to collectively establish and
6operate an e-waste program for the purpose of complying with
7this Act.
8 "Manufacturer e-waste program" means any program
9established, financed, and operated by a manufacturer,
10individually or as part of a manufacturer clearinghouse, to
11transport and subsequently recycle, in accordance with the
12requirements of this Act, residential CEDs collected at program
13collection sites and one-day collection events in accordance
14with best practices.
15 "Municipal joint action agency" means a municipal joint
16action agency created under Section 3.2 of the
17Intergovernmental Cooperation Act.
18 "One-day collection event" means a one-day event used as a
19substitute for a program collection site pursuant to Section
201-15 of this Act.
21 "Person" means an individual, partnership, co-partnership,
22firm, company, limited liability company, corporation,
23association, joint stock company, trust, estate, political
24subdivision, State agency, or any other legal entity; or a
25legal representative, agent, or assign of that entity. "Person"
26includes a unit of local government.

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1 "Printer" means desktop printers, multifunction printer
2copiers, and printer/fax combinations taken out of service from
3a residence that are designed to reside on a work surface, and
4include various print technologies, including without
5limitation laser and LED (electrographic), ink jet, dot matrix,
6thermal, and digital sublimation, and "multi-function" or
7"all-in-one" devices that perform different tasks, including
8without limitation copying, scanning, faxing, and printing.
9Printers do not include floor-standing printers, printers with
10optional floor stand, point of sale (POS) receipt printers,
11household printers such as a calculator with printing
12capabilities or label makers, or non-stand-alone printers that
13are embedded into products that are not CEDs.
14 "Program collection site" means a physical location that is
15included in a manufacturer e-waste program and at which
16residential CEDs are collected and prepared for transport by a
17collector during a program year in accordance with the
18requirements of this Act. Except as otherwise provided in this
19Act, "program collection" site" does not include a retail
20collection site.
21 "Program year" means a calendar year. The first program
22year is 2019.
23 "Recycler" means any person who transports or subsequently
24recycles residential CEDs that have been collected and prepared
25for transport by a collector at any program collection site or
26one-day collection event.

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1 "Recycling" has the meaning provided under Section 3.380 of
2the Environmental Protection Act. "Recycling" includes any
3process by which residential CEDs that would otherwise be
4disposed of or discarded are collected, separated, or processed
5and returned to the economic mainstream in the form of raw
6materials or products.
7 "Residence" means a dwelling place or home in which one or
8more individuals live.
9 "Residential covered electronic device" or "residential
10CED" means any covered electronic device taken out of service
11from a residence in the State.
12 "Retail collection site" means a private sector collection
13site operated by a retailer collecting on behalf of a
14manufacturer.
15 "Retailer" means a person who first sells, through a sales
16outlet, catalogue, or the Internet, a covered electronic device
17at retail to an individual for residential use or any permanent
18establishment primarily where merchandise is displayed, held,
19stored, or offered for sale to the public.
20 "Sale" means any retail transfer of title for consideration
21of title including, but not limited to, transactions conducted
22through sales outlets, catalogs, or the Internet or any other
23similar electronic means. "Sale" does not include financing or
24leasing.
25 "Small-scale server" means a computer that typically uses
26desktop components in a desktop form designed primarily to

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1serve as a storage host for other computers. To be considered a
2small-scale server, a computer must: be designed in a pedestal,
3tower, or other form that is similar to that of a desktop
4computer so that all data processing, storage, and network
5interfacing is contained within one box or product; be designed
6to be operational 24 hours per day and 7 days per week; have
7very little unscheduled downtime, such as on the order of hours
8per year; be capable of operating in a simultaneous multi-user
9environment serving several users through networked client
10units; and be designed for an industry-accepted operating
11system for home or low-end server applications.
12 "Television" means an electronic device that contains (i)
13containing a cathode-ray tube or flat panel screen the size of
14which is greater than 4 inches when measured diagonally and ,
15(ii) that is intended to receive video programming via
16broadcast, cable, or satellite, internet, or other mode of
17video transmission or to receive video from surveillance or
18other similar cameras, and (iii) that is used only in a
19residence.
20(Source: 100SB1417enr.)
21 (100SB1417enr., Sec. 1-10)
22 Sec. 1-10. Manufacturer e-waste program.
23 (a) For program year 2019 and each program year thereafter,
24each manufacturer shall, individually or as part of a
25manufacturer clearinghouse, provide a manufacturer e-waste

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1program to transport and subsequently recycle, in accordance
2with the requirements of this Act, residential CEDs collected
3at, and prepared for transport from, the program collection
4sites and one-day collection events included in the program
5during the program year.
6 (b) Each manufacturer e-waste program must include, at a
7minimum, the following:
8 (1) satisfaction of the convenience standard described
9 in Section 1-15 of this Act;
10 (2) instructions for designated county recycling
11 coordinators and municipal joint action agencies to
12 annually file notice to participate in the program;
13 (3) transportation and subsequent recycling of the
14 residential CEDs collected at, and prepared for transport
15 from, the program collection sites and one-day collection
16 events included in the program during the program year; and
17 (4) submission of a report to the Agency, by March 1
18 January 31, 2020, and each March 1 January 31 thereafter,
19 which includes:
20 (A) the total weight of all residential CEDs
21 transported from program collection sites and one-day
22 collection events throughout the State during the
23 preceding program year by CED category;
24 (B) the total weight of residential CEDs
25 transported from all program collection sites and
26 one-day collection events in each county in the State

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1 during the preceding program year by CED category; and
2 (C) the total weight of residential CEDs
3 transported from all program collection sites and
4 one-day collection events in each county in the State
5 during that preceding program year and that was
6 recycled.
7 (c) Each manufacturer e-waste program The Agency shall make
8the instructions required under paragraph (2) of subsection (b)
9available on its the Agency's website by December 1, 2017, and
10the program shall provide to the Agency a hyperlink to the
11website for posting on the Agency's website.
12 (d) Nothing in this Act shall prevent a manufacturer from
13accepting, through a manufacturer e-waste program, residential
14CEDs collected through a curbside collection program that is
15operated pursuant to an agreement between a third party and a
16unit of local government located within a county or municipal
17joint action agency that has elected to participate in a
18manufacturer e-waste program.
19(Source: 100SB1417enr.)
20 (100SB1417enr., Sec. 1-15)
21 Sec. 1-15. Convenience standard for program collection
22sites and one-day collection events.
23 (a) Beginning in 2019 each manufacturer e-waste program for
24a program year must include, at a minimum, program collection
25sites in the following quantities in counties that elect to

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1participate in the manufacturer e-waste program for the program
2year:
3 (1) one program collection site in each county that has
4 elected to participate in the manufacturer e-waste program
5 for the program year and that has a population density that
6 is less than 250 individuals per square mile;
7 (2) two program collection sites in each county that
8 has elected to participate in the manufacturer e-waste
9 program for the program year and that has a population
10 density that is greater than or equal to 250 individuals
11 per square mile but less than 500 individuals per square
12 mile;
13 (3) three program collection sites in each county that
14 has elected to participate in the manufacturer e-waste
15 program for the program year and that has a population
16 density that is greater than or equal to 500 individuals
17 per square mile but less than 750 individuals per square
18 mile;
19 (4) four program collection sites in each county that
20 has elected to participate in the manufacturer e-waste
21 program for the program year and that has a population
22 density that is greater than or equal to 750 individuals
23 per square mile but less than 1,000 individuals per square
24 mile;
25 (5) five program collection sites in each county that
26 has elected to participate in the manufacturer e-waste

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1 program for the program year and that has a population
2 density that is greater than or equal to 1,000 individuals
3 per square mile but less than 5,000 individuals per square
4 mile; and
5 (6) fifteen ten program collection sites in each county
6 that has elected to participate in the manufacturer e-waste
7 program for the program year and that has a population
8 density that is greater than or equal to 5,000 individuals
9 per square mile.
10 For purposes of this Section, county population densities
11shall be based on the entire county's population density,
12regardless of whether a municipality or municipal joint action
13agency in the county participates in a manufacturer e-waste
14program.
15 If a municipality with a population of over 1,000,000
16residents elects notifies the program of the municipality's
17desire to participate in a manufacturer e-waste the program for
18a program year, then the program that municipality shall
19provide 10 additional receive 15 program collection sites for
20the program year to be located in that municipality, and the
21program collection sites required under paragraph (6) of
22subsection (a) of this Section shall be that municipality in
23addition to county sites, which shall be located outside of the
24municipality.
25 If a municipal joint action agency elects to participate in
26a manufacturer e-waste program for a program year, it shall

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1receive, for that year, a population-based pro rata share of
2the program collection sites that would be granted to the
3county in which the municipal joint action agency is located if
4the county were to elect to participate in the program for that
5year, rounded to the nearest whole number.
6 A designated county recycling coordinator may elect to
7operate more than the required minimum number of collection
8sites.
9 (b) Notwithstanding subsection (a) of this Section, any
10county, municipality, or municipal joint action agency the
11county recycling coordinator for a county that elects to
12participate in a manufacturer e-waste program may enter into a
13written agreement with the operators of any manufacturer
14e-waste program in order to do one or more of the following:
15 (1) to decrease the number of program collection sites
16 in the county, municipality, or territorial boundary of the
17 municipal joint action agency for the program year;
18 (2) to substitute a program collection site in the
19 county, municipality, or territorial boundary of the
20 municipal joint action agency with either (i) 4 one-day
21 collection events in the county or (ii) a different number
22 of such events in the county as may be provided in the
23 written agreement;
24 (3) to substitute the location of a program collection
25 site in the county, municipality, or territorial boundary
26 of the municipal joint action agency for the program year

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1 with another location in the county; or
2 (4) to substitute the location of a one-day collection
3 in the county, municipality, or territorial boundary of the
4 municipal joint action agency with another location; or in
5 the county.
6 (5) to use, with the agreement of the applicable
7 retailer, a retail collection site as a program collection
8 site.
9 An agreement made pursuant to paragraph paragraphs (1) or
10(2) of this subsection (b) shall be reduced to writing and
11included in the manufacturer e-waste program plan as required
12under subsection (a) of Section 1-25 of this Act.
13 (c) To facilitate the equitable allocation of covered
14electronic device collection and recycling obligations among
15manufacturers participating in a manufacturer e-waste program,
16beginning November 1, 2018 and by November 1 of each year
17thereafter, the Agency shall determine each manufacturer's
18collection obligation for each CED category that takes into
19account the market share of a manufacturer so that the
20manufacturer's obligations are allocated based on the weight of
21the manufacturer's sales in each CED category, divided by the
22weight of all sales in each CED category multiplied by the
23proportion of the weight of CEDs in each CED category collected
24from county collection sites used in the manufacturer's e-waste
25program in the prior program year. The manufacturer's
26collection obligation calculated in this subsection (c) shall

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1be expressed as a percentage.
2 (d) Nothing in this Act shall prevent a manufacturer from
3using retail collection sites to satisfy the manufacturer's
4obligations under this Section.
5(Source: 100SB1417enr.)
6 (100SB1417enr., Sec. 1-20)
7 Sec. 1-20. Election to participate in manufacturer e-waste
8programs. Beginning with program year 2019, a county, a
9municipal joint action agency, or a municipality with a
10population of more than 1,000,000 residents may elect to
11participate in a manufacturer e-waste program by filing having
12the county recycling coordinator file with the manufacturer
13e-waste program and the Agency, on or before March 1, 2018, and
14on or before March 1 of each year thereafter for the upcoming
15program year, a written notice of election to participate in
16the program. The written notice shall include a list of
17proposed collection locations likely to be available and
18appropriate to support the this program, and may include
19locations already providing similar collection services. The
20written notice may include a list of registered recyclers that
21the county, municipal joint action agency, or municipality
22would prefer using for its collection sites or one-day events.
23 Counties, municipal joint action agencies, and
24municipalities with a population of more than 1,000,000
25residents County program coordinators may contract with

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1registered collectors to operate collection sites. Eligible
2registered collectors are not limited to private companies and
3non-government organizations. All collectors operating county
4supervised programs shall abide by the standards in Section
51-45.
6 Should a county elect not to participate in the program, a
7municipal joint action agency, representing residents within a
8certain geographic area in the non-participating county can
9elect to participate in the e-waste program on behalf of the
10residents of the municipal joint action agency.
11(Source: 100SB1417enr.)
12 (100SB1417enr., Sec. 1-25)
13 Sec. 1-25. Manufacturer e-waste program plans.
14 (a) By July 1, 2018, and by July 1 of each year thereafter
15for the upcoming program year, beginning with program year
162019, each manufacturer shall, individually or as a
17manufacturer clearinghouse, submit to the Agency a
18manufacturer e-waste program plan and assume the financial
19responsibility for bulk transportation, packaging materials
20necessary to prepare shipments in compliance with best
21practices, and recycling of collected CEDs, which includes, at
22a minimum, the following:
23 (1) the contact information for the individual who will
24 serve as the point of contact for the manufacturer e-waste
25 program;

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1 (2) the identity of each county that has elected to
2 participate in the manufacturer e-waste program during the
3 program year;
4 (3) for each county, the location of each program
5 collection site and one-day collection event included in
6 the manufacturer e-waste program for the program year;
7 (4) the collector operating each program collection
8 site and one-day collection event included in the
9 manufacturer e-waste program for the program year;
10 (5) the recyclers that manufacturers plan to use during
11 the program year to transport and subsequently recycle
12 residential CEDs under the program, with the updated list
13 of recyclers to be provided to the Agency no later than
14 December 1 preceding each program year; and
15 (6) an explanation of any deviation by the program from
16 the standard program collection site distribution set
17 forth in subsection (a) of Section 1-15 of this Act for the
18 program year, along with copies of all written agreements
19 made pursuant to paragraphs (1) or (2) of subsection (b) of
20 Section 1-15 for the program year.
21 (b) Within 60 days after receiving a manufacturer e-waste
22program plan, the Agency shall review the plan and approve the
23plan or disapprove the plan.
24 (1) If the Agency determines that the program
25 collection sites and one-day collection events specified
26 in the plan will satisfy the convenience standard set forth

HB1955 Enrolled- 20 -LRB100 04571 SMS 14577 b
1 in Section 1-15 of this Act, then the Agency shall approve
2 the manufacturer e-waste program plan and provide written
3 notification of the approval to the individual who serves
4 as the point of contact for the manufacturer. The Agency
5 shall make post the approved plan available on the Agency's
6 website.
7 (2) If the Agency determines the plan will not satisfy
8 the convenience standard set forth in Section 1-15 of this
9 Act, then the Agency shall disapprove the manufacturer
10 e-waste program plan and provide written notification of
11 the disapproval and the reasons for the disapproval to the
12 individual who serves as the point of contact for the
13 manufacturer. Within 30 days after the date of disapproval,
14 the individual who serves as the point of contact for the
15 manufacturer shall submit a revised manufacturer e-waste
16 program plan that addresses the deficiencies noted in the
17 Agency's disapproval.
18 (c) Manufacturers shall assume financial responsibility
19for carrying out their e-waste program plans, including, but
20not limited to, financial responsibility for providing the
21packaging materials necessary to prepare shipments of
22collected residential CEDs in compliance with subsection (e) of
23Section 1-45, as well as financial responsibility for bulk
24transportation and recycling of collected residential CEDs.
25(Source: 100SB1417enr.)

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1 (100SB1417enr., Sec. 1-30)
2 Sec. 1-30. Manufacturer registration.
3 (a) By April 1, 2018, and by April 1 of each year
4thereafter for the upcoming program year, beginning with
5program year 2019, each manufacturer who sells CEDs in the
6State must register with the Agency by: (i) submitting to the
7Agency a $5,000 $3,000 registration fee; and (ii) completing
8and submitting to the Agency the registration form prescribed
9by the Agency. Information on the registration form shall
10include, without limitation, all of the following:
11 (1) a list of all of the brands and labels under which
12 the manufacturer's CEDs are sold or offered for sale in the
13 State; and
14 (2) the total weights, by CED category, of residential
15 weight of all individual CEDs by category sold or offered
16 for sale under any of the manufacturer's brands or labels
17 in the United States during the calendar year immediately
18 preceding 2 years before the applicable program year.
19 If, during a program year, any of the manufacturer's CEDs
20are sold or offered for sale in the State under a brand that is
21not listed in the manufacturer's registration, then, within 30
22days after the first sale or offer for sale under that brand,
23the manufacturer must amend its registration to add the brand.
24All registration fees collected by the Agency pursuant to this
25Section shall be deposited into the Solid Waste Management
26Fund.

HB1955 Enrolled- 22 -LRB100 04571 SMS 14577 b
1 (b) The Agency shall post on its website a list of all
2registered manufacturers.
3 (c) Beginning in program year 2019, a manufacturer whose
4CEDs are sold or offered for sale in this State for the first
5time on or after April 1 of a program year must register with
6the Agency within 30 days after the date the CEDs are first
7sold or offered for sale in the State.
8 (d) Beginning in program year 2019, manufacturers shall
9ensure that only recyclers that have registered with the Agency
10and meet the recycler standards set forth in Section 1-40 are
11used to transport or recycle residential CEDs collected at any
12program collection site or one-day collection event.
13 (e) Beginning in program year 2019, no manufacturer may
14sell or offer for sale a CED in this State unless the
15manufacturer is registered and operates a manufacturer program
16either individually or as part of the manufacturer
17clearinghouse as required in this Act.
18 (f) Beginning in program year 2019, no manufacturer may
19sell or offer for sale a CED in this State unless the
20manufacturer's brand name is permanently affixed to, and is
21readily visible on, the CED.
22 (g) In accordance with a contract or agreement with a
23county, municipality, or municipal joint action agency that has
24elected to participate in a manufacturer e-waste program under
25this Act, manufacturers may, either individually or through the
26manufacturer clearinghouse, audit program collection sites and

HB1955 Enrolled- 23 -LRB100 04571 SMS 14577 b
1proposed program collection sites for compliance with the terms
2and conditions of the contract or agreement. Audits shall be
3conducted during normal business hours, and a manufacturer or
4its designee shall provide reasonable notice to the collection
5site in advance of the audit. Audits of all program collection
6sites may include, among other things, physical site location
7visits and inspections and review of processes, procedures,
8technical systems, reports, and documentation reasonably
9related to the collecting, sorting, packaging, and recycling of
10residential CEDs in compliance with this Act.
11 (h) Nothing in this Act shall require a manufacturer or
12manufacturer e-waste program to collect, transport, or recycle
13any CEDs other than residential CEDs, or to accept for
14transport or recycling any pallet or bulk container of
15residential CEDs that has not been prepared by the collector
16for shipment in accordance with subsection (e) of Section 1-45.
17(Source: 100SB1417enr.)
18 (100SB1417enr., Sec. 1-35)
19 Sec. 1-35. Retailer responsibilities.
20 (a) Beginning in program year 2019, no retailer who first
21sells, through a sales outlet, catalogue, or the Internet, a
22CED at retail to an individual for residential use may sell or
23offer for sale any CED in or for delivery into this State
24unless:
25 (1) the CED is labeled with a brand, and the label is

HB1955 Enrolled- 24 -LRB100 04571 SMS 14577 b
1 permanently affixed and readily visible; and
2 (2) the manufacturer is registered with the Agency at
3 the time the retailer purchases the CED.
4 (b) A retailer shall be considered to have complied with
5paragraphs (1) and (2) of subsection (a) if:
6 (1) a manufacturer registers with the Agency agency
7 within 30 days of a retailer taking possession of the
8 manufacturer's CED;
9 (2) a manufacturer's registration expires and the
10 retailer ordered the CED prior to the expiration, in which
11 case the retailer may sell the CED, but only if the sale
12 takes place within 180 days of the expiration; or
13 (3) a manufacturer is no longer conducting business and
14 has no successor in interest, in which case the retailer
15 may sell any orphan CED ordered prior to the
16 discontinuation of business.
17 (c) Retailers shall not be considered collectors under the
18convenience standard and retail collection sites shall not be
19considered a collection site for the purposes of the
20convenience standard pursuant to Sections 1-10, 1-15, and 1-25
21unless otherwise agreed to in writing by the (i) retailer, (ii)
22operators of the manufacturer manufacture e-waste program, and
23(iii) the applicable county, municipal joint action agency, or
24municipality coordinator. If retailers agree to participate in
25a county program collection site, then the retailer collection
26site does not have to collect all CEDs or register as a

HB1955 Enrolled- 25 -LRB100 04571 SMS 14577 b
1collector.
2 (d) Manufacturers may use retail collection sites for
3satisfying some or all of their obligations pursuant to
4Sections 1-10, 1-15 and 1-25.
5 (e) Nothing in this Act shall prohibit a retailer from
6collecting a fee for each CED collected.
7(Source: 100SB1417enr.)
8 (100SB1417enr., Sec. 1-40)
9 Sec. 1-40. Recycler responsibilities.
10 (a) By January 1, 2019, and by January 1 of each year
11thereafter for that program year, beginning with program year
122019, each recycler must register with the Agency by (i)
13submitting to the Agency a $3,000 registration fee and (ii)
14completing and submitting to the Agency the registration form
15prescribed by the Agency. The registration form prescribed by
16the Agency shall include, without limitation, the address of
17each location where the recycler manages residential CEDs
18collected through a manufacturer e-waste program and the
19certification required under subsection (d) of this Section.
20All registration fees collected by the Agency pursuant to this
21Section shall be deposited into the Solid Waste Management
22Fund.
23 (a-5) The Agency may deny a registration under this Section
24if the recycler or any employee or officer of the recycler has
25a history of:

HB1955 Enrolled- 26 -LRB100 04571 SMS 14577 b
1 (1) repeated violations of federal, State, or local
2 laws, regulations, standards, or ordinances related to the
3 collection, recycling, or other management of CEDs;
4 (2) conviction in this State or another state of any
5 crime which is a felony under the laws of this State, or
6 conviction of a felony in a federal court; or conviction in
7 this State or another state or federal court of any of the
8 following crimes: forgery, official misconduct, bribery,
9 perjury, or knowingly submitting false information under
10 any environmental law, regulation, or permit term or
11 condition; or
12 (3) gross carelessness or incompetence in handling,
13 storing, processing, transporting, disposing, or otherwise
14 managing CEDs.
15 (b) The Agency shall post on the Agency's website a list of
16all registered recyclers and the information requested by
17subsection (d) of Section 1-40.
18 (c) Beginning in program year 2019, no person may act as a
19recycler of residential CEDs for a manufacturer's e-waste
20program unless the recycler is registered with the Agency as
21required under this Section.
22 (d) Beginning in program year 2019, recyclers must, as a
23part of their annual registration, certify compliance at a
24minimum, comply with all of the following requirements:
25 (1) Recyclers must comply with federal, State, and
26 local laws and regulations, including federal and State

HB1955 Enrolled- 27 -LRB100 04571 SMS 14577 b
1 minimum wage laws, specifically relevant to the handling,
2 processing, and recycling of residential CEDs and must have
3 proper authorization by all appropriate governing
4 authorities to perform the handling, processing, and
5 recycling.
6 (2) Recyclers must implement the appropriate measures
7 to safeguard occupational and environmental health and
8 safety, through the following:
9 (A) environmental health and safety training of
10 personnel, including training with regard to material
11 and equipment handling, worker exposure, controlling
12 releases, and safety and emergency procedures;
13 (B) an up-to-date, written plan for the
14 identification and management of hazardous materials;
15 and
16 (C) an up-to-date, written plan for reporting and
17 responding to exceptional pollutant releases,
18 including emergencies such as accidents, spills,
19 fires, and explosions.
20 (3) Recyclers must maintain (i) commercial general
21 liability insurance or the equivalent corporate guarantee
22 for accidents and other emergencies with limits of not less
23 than $1,000,000 per occurrence and $1,000,000 aggregate
24 and (ii) pollution legal liability insurance with limits
25 not less than $1,000,000 per occurrence for companies
26 engaged solely in the dismantling activities and

HB1955 Enrolled- 28 -LRB100 04571 SMS 14577 b
1 $5,000,000 per occurrence for companies engaged in
2 recycling.
3 (4) Recyclers must maintain on file documentation that
4 demonstrates the completion of an environmental health and
5 safety audit completed and certified by a competent
6 internal and external auditor annually. A competent
7 auditor is an individual who, through professional
8 training or work experience, is appropriately qualified to
9 evaluate the environmental health and safety conditions,
10 practices, and procedures of the facility. Documentation
11 of auditors' qualifications must be available for
12 inspection by Agency officials and third-party auditors.
13 (5) Recyclers must maintain on file proof of workers'
14 compensation and employers' liability insurance.
15 (6) Recyclers must provide adequate assurance, such as
16 bonds or corporate guarantees, to cover environmental and
17 other costs of the closure of the recycler's facility,
18 including cleanup of stockpiled equipment and materials.
19 (7) Recyclers must apply due diligence principles to
20 the selection of facilities to which components and
21 materials, such as plastics, metals, and circuit boards,
22 from residential CEDs are sent for reuse and recycling.
23 (8) Recyclers must establish a documented
24 environmental management system that is appropriate in
25 level of detail and documentation to the scale and function
26 of the facility, including documented regular self-audits

HB1955 Enrolled- 29 -LRB100 04571 SMS 14577 b
1 or inspections of the recycler's environmental compliance
2 at the facility.
3 (9) Recyclers must use the appropriate equipment for
4 the proper processing of incoming materials as well as
5 controlling environmental releases to the environment. The
6 dismantling operations and storage of residential CED
7 components that contain hazardous substances must be
8 conducted indoors and over impervious floors. Storage
9 areas must be adequate to hold all processed and
10 unprocessed inventory. When heat is used to soften solder
11 and when residential CED components are shredded,
12 operations must be designed to control indoor and outdoor
13 hazardous air emissions.
14 (10) Recyclers must establish a system for identifying
15 and properly managing components, such as circuit boards,
16 batteries, cathode-ray tubes, and mercury phosphor lamps,
17 that are removed from residential CEDs during disassembly.
18 Recyclers must properly manage all hazardous and other
19 components requiring special handling from residential
20 CEDs consistent with federal, State, and local laws and
21 regulations. Recyclers must provide visible tracking, such
22 as hazardous waste manifests or bills of lading, of
23 hazardous components and materials from the facility to the
24 destination facilities and documentation, such as
25 contracts, stating how the destination facility processes
26 the materials received. No recycler may send, either

HB1955 Enrolled- 30 -LRB100 04571 SMS 14577 b
1 directly or through intermediaries, hazardous wastes to
2 solid non-hazardous waste landfills or to non-hazardous
3 waste incinerators for disposal or energy recovery. For the
4 purpose of these guidelines, smelting of hazardous wastes
5 to recover metals for reuse in conformance with all
6 applicable laws and regulations is not considered disposal
7 or energy recovery.
8 (11) Recyclers must use a regularly implemented and
9 documented monitoring and record-keeping program that
10 tracks total inbound residential CED material weights and
11 total subsequent outbound weights to each destination,
12 injury and illness rates, and compliance with applicable
13 permit parameters including monitoring of effluents and
14 emissions. Recyclers must maintain contracts or other
15 documents, such as sales receipts, suitable to
16 demonstrate: (i) the reasonable expectation that there is a
17 downstream market or uses for designated electronics,
18 which may include recycling or reclamation processes such
19 as smelting to recover metals for reuse; and (ii) that any
20 residuals from recycling or reclamation processes, or
21 both, are properly handled and managed to maximize reuse
22 and recycling of materials to the extent practical.
23 (12) Recyclers must employ industry-accepted
24 procedures for the destruction or sanitization of data on
25 hard drives and other data storage devices. Acceptable
26 guidelines for the destruction or sanitization of data are

HB1955 Enrolled- 31 -LRB100 04571 SMS 14577 b
1 contained in the National Institute of Standards and
2 Technology's Guidelines for Media Sanitation or those
3 guidelines certified by the National Association for
4 Information Destruction.
5 (13) No recycler may employ prison labor in any
6 operation related to the collection, transportation, and
7 recycling of CEDs. No recycler may employ any third party
8 that uses or subcontracts for the use of prison labor.
9 (e) Each recycler shall, during each calendar year,
10transport from each site that the recycler uses to manage
11residential CEDs not less than 75% of the total weight of
12residential CEDs present at the site during the preceding
13calendar year. Each recycler shall maintain on-site records
14that demonstrate compliance with this requirement and shall
15make those records available to the Agency for inspection and
16copying.
17 (f) Nothing in this Act shall prevent a person from acting
18as a recycler independently of a manufacturer e-waste program.
19(Source: 100SB1417enr.)
20 (100SB1417enr., Sec. 1-45)
21 Sec. 1-45. Collector responsibilities.
22 (a) By January 1, 2019, and by January 1 of each year
23thereafter for that program year, beginning with program year
242019, a person acting as a collector under a manufacturer
25e-waste program shall register with the Agency by completing

HB1955 Enrolled- 32 -LRB100 04571 SMS 14577 b
1and submitting to the Agency the registration form prescribed
2by the Agency. The registration form prescribed by the Agency
3must include, without limitation, the address of each location
4at which the collector accepts residential CEDs.
5 (a-5) The Agency may deny a registration under this Section
6if the collector or any employee or officer of the collector
7has a history of:
8 (1) repeated violations of federal, State, or local
9 laws, regulations, standards, or ordinances related to the
10 collection, recycling, or other management of CEDs;
11 (2) conviction in this State or another state of any
12 crime which is a felony under the laws of this State, or
13 conviction of a felony in a federal court; or conviction in
14 this State or another state or federal court of any of the
15 following crimes: forgery, official misconduct, bribery,
16 perjury, or knowingly submitting false information under
17 any environmental law, regulation, or permit term or
18 condition; or
19 (3) gross carelessness or incompetence in handling,
20 storing, processing, transporting, disposing, or otherwise
21 managing CEDs.
22 (b) The Agency shall post on the Agency's website a list of
23all registered collectors.
24 (c) Manufacturers and recyclers acting as collectors shall
25so indicate on their registration under Section 1-30 or 1-40 of
26this Act.

HB1955 Enrolled- 33 -LRB100 04571 SMS 14577 b
1 (d) By March 1 January 31, 2020 and every March 1 January
231 thereafter, each collector that operates a program
3collection site or one-day collection event shall report, to
4the Agency and to the manufacturer e-waste program, the total
5weight, by CED category, of residential CEDs transported from
6the program collection site or one-day collection event during
7the previous program year its previous program year data on
8CEDs collected to the Agency and manufacturer clearinghouse to
9assist in satisfying a manufacturer's obligation pursuant to
10subsection (c) of Section 1-15.
11 (e) Each collector that operates a program collection site
12or one-day event shall ensure that the collected residential
13CEDs are sorted and loaded in compliance with local, State, and
14federal law and in accordance with best practices recommended
15by the recycler and Section 1-85 of this Act. In addition, at a
16minimum, the collector shall also comply with the following
17requirements:
18 (1) residential all CEDs must be accepted at the
19 program collection site or one-day collection event unless
20 otherwise provided in this Act;
21 (2) residential CEDs shall be kept separate from other
22 material and shall be:
23 (A) packaged in a manner to prevent breakage; and
24 (B) loaded onto pallets and secured with plastic
25 wrap or in pallet-sized bulk containers prior to
26 shipping; and

HB1955 Enrolled- 34 -LRB100 04571 SMS 14577 b
1 (C) on average per collection site 18,000 pounds
2 per shipment, and if not then the recycler may charge
3 the collector a prorated prorate charge on the
4 shortfall in weight, not to exceed $600; .
5 (3) residential CEDs shall be sorted into the following
6 categories:
7 (A) computer monitors and televisions containing a
8 cathode-ray tube, other than televisions with wooden
9 exteriors;
10 (B) computer monitors and televisions containing a
11 flat panel screen;
12 (C) all other covered televisions that are
13 residential CEDs;
14 (D) computers;
15 (E) all other residential CEDs; and
16 (F) any electronic device that is not part of the
17 manufacturer program that the collector has arranged
18 to have picked up with residential CEDs and for which a
19 financial arrangement has been made to cover the
20 recycling costs outside of the manufacturer program;
21 and
22 (4) containers holding the CEDs must be structurally
23 sound for transportation; and .
24 (5) each shipment of residential CEDs from a program
25 collection site or one-day collection event shall include a
26 collector-prepared bill of lading or similar manifest,

HB1955 Enrolled- 35 -LRB100 04571 SMS 14577 b
1 which describes the origin of the shipment and the number
2 of pallets or bulk containers of residential CEDs in the
3 shipment.
4 (f) (e) Except as provided in subsection (g) (f) of this
5Section, each collector that operates a program collection site
6or one-day collection event during a program year shall accept
7all residential CEDs that are delivered to the program
8collection site or one-day collection event during the program
9year.
10 (g) (f) No collector that operates a program collection
11site or one-day collection event shall:
12 (1) accept, at the program collection site or one-day
13 collection event, more than 7 residential CEDs from an
14 individual at any one time; .
15 (2) scrap, salvage, dismantle, or otherwise
16 disassemble any residential CED collected at a program
17 collection site or one-day collection event;
18 (3) deliver to a manufacturer e-waste program, through
19 its recycler, any CED other than a residential CED
20 collected at a program collection site or one-day
21 collection event; or
22 (4) deliver to a person other than the manufacturer
23 e-waste program or its recycler, a residential CED
24 collected at a program collection site or one-day
25 collection event.
26 (h) (g) Beginning in program year 2019, registered

HB1955 Enrolled- 36 -LRB100 04571 SMS 14577 b
1collectors participating in county supervised collection
2programs may collect a fee for each desktop computer monitor or
3television accepted for recycling to cover costs for collection
4and preparation for bulk shipment or to cover costs associated
5with the requirements of cost for subsection (e) of Section
61-45.
7 (i) (h) Nothing in this Act shall prevent a person an
8individual from acting as a collector independently of a
9manufacturer e-waste program.
10(Source: 100SB1417enr.)
11 (100SB1417enr., Sec. 1-50)
12 Sec. 1-50. Penalties.
13 (a) Except as otherwise provided in this Act, any person
14who violates any provision of this Act is liable for a civil
15penalty of $7,000 per $1,000 for the violation, provided that
16the penalty for failure to register or pay a fee under this Act
17shall be double the applicable registration fee.
18 (b) The penalties provided for in this Section may be
19recovered in a civil action brought in the name of the people
20of the State of Illinois by the State's Attorney of the county
21in which the violation occurred or by the Attorney General. Any
22penalties collected under this Section in an action in which
23the Attorney General has prevailed shall be deposited in the
24Environmental Protection Trust Fund, to be used in accordance
25with the provisions of the Environmental Protection Trust Fund

HB1955 Enrolled- 37 -LRB100 04571 SMS 14577 b
1Act.
2 (c) The Attorney General or the State's Attorney of a
3county in which a violation occurs may institute a civil action
4for an injunction, prohibitory or mandatory, to restrain
5violations of this Act or to require such actions as may be
6necessary to address violations of this Act.
7 (d) A fine imposed by administrative citation pursuant to
8Section 1-55 of this Act shall be $1,000 per violation, plus
9any hearing costs incurred by the Illinois Pollution Control
10Board and the Agency. Such fines shall be made payable to the
11Environmental Protection Trust Fund to be used in accordance
12with the Environmental Protection Trust Fund Act.
13 (e) The penalties and injunctions provided in this Act are
14in addition to any penalties, injunctions, or other relief
15provided under any other law. Nothing in this Act bars a cause
16of action by the State for any other penalty, injunction, or
17other relief provided by any other law.
18 (f) A knowing violation of subsections (a), (b), or (c) of
19Section 1-83 of this Act by anyone other than a residential
20consumer is a petty offense punishable by a fine of $500. A
21knowing violation of subsections (a), (b), or (c) of Section
221-83 by a residential consumer is a petty offense punishable by
23a fine of $25 for a first violation; however, a subsequent
24violation by a residential consumer is a petty offense
25punishable by a fine of $50.
26 (g) Any person who knowingly makes a false, fictitious, or

HB1955 Enrolled- 38 -LRB100 04571 SMS 14577 b
1fraudulent material statement, orally or in writing, to the
2Agency, related to or required by this Act or any rule adopted
3under this Act commits a Class 4 felony, and each such
4statement or writing shall be considered a separate Class 4
5felony. A person who, after being convicted under this
6subsection (g), violates this subsection (g) a second or
7subsequent time, commits a Class 3 felony.
8(Source: 10000SB1417enr.)
9 (100SB1417enr., Sec. 1-55)
10 Sec. 1-55. Administrative citations.
11 (a) Any violation of a registration requirement in Sections
121-30, 1-40, or 1-45 of this Act, any violation of the reporting
13requirement in paragraph (4) of subsection (b) of Section 1-10
14of this Act, and any violation of a the plan submission
15requirement in subsection (a) of Section 1-25 of this Act shall
16be enforceable by administrative citation issued by the Agency.
17Whenever Agency personnel shall, on the basis of direct
18observation, determine that any person has violated any of
19those provisions, the Agency may issue and serve, within 60
20days after the observed violation, an administrative citation
21upon that person. Each citation shall be served upon the person
22named or the person's authorized agent for service of process
23and shall include the following:
24 (1) a statement specifying the provisions of this Act
25 that the person has violated;

HB1955 Enrolled- 39 -LRB100 04571 SMS 14577 b
1 (2) the penalty imposed under subsection (d) of Section
2 1-50 of this Act for that violation; and
3 (3) an affidavit by the personnel observing the
4 violation, attesting to their material actions and
5 observations.
6 (b) If the person named in the administrative citation
7fails to petition the Illinois Pollution Control Board for
8review within 35 days after the date of service, then the Board
9shall adopt a final order, which shall include the
10administrative citation and findings of violation as alleged in
11the citation and shall impose the penalty specified in
12subsection (d) of Section 1-50 of this Act.
13 (c) If a petition for review is filed with the Board to
14contest an administrative citation issued under this Section,
15then the Agency shall appear as a complainant at a hearing
16before the Board to be conducted pursuant to subsection (d) of
17this Section at a time not less than 21 days after notice of
18the hearing has been sent by the Board to the Agency and the
19person named in the citation. In those hearings, the burden of
20proof shall be on the Agency. If, based on the record, the
21Board finds that the alleged violation occurred, then the Board
22shall adopt a final order, which shall include the
23administrative citation and findings of violation as alleged in
24the citation, and shall impose the penalty specified in
25subsection (d) of Section 1-50 of this Act. However, if the
26Board finds that the person appealing the citation has shown

HB1955 Enrolled- 40 -LRB100 04571 SMS 14577 b
1that the violation resulted from uncontrollable circumstances,
2then the Board shall adopt a final order that makes no finding
3of violation and imposes no penalty.
4 (d) All hearings under this Section shall be held before a
5qualified hearing officer, who may be attended by one or more
6members of the Board, designated by the Chairman. All of these
7hearings shall be open to the public, and any person may submit
8written statements to the Board in connection with the subject
9of these hearings. In addition, the Board may permit any person
10to offer oral testimony. Any party to a hearing under this
11Section may be represented by counsel, make oral or written
12argument, offer testimony, cross-examine witnesses, or take
13any combination of those actions. All testimony taken before
14the Board shall be recorded stenographically. The transcript so
15recorded and any additional matter accepted for the record
16shall be open to public inspection, and copies of those
17materials shall be made available to any person upon payment of
18the actual cost of reproducing the original.
19(Source: 100SB1417enr.)
20 (S.B. 1417, 100th G.A., Sec. 1-84 new)
21 Section 1-84. Allocation of financial responsibilities
22among manufacturers.
23 (a) Within 9 months after its receipt of the rulemaking
24proposal described in subsection (b) of this Section, the
25Pollution Control Board shall adopt rules regarding the

HB1955 Enrolled- 41 -LRB100 04571 SMS 14577 b
1allocation of financial responsibilities for the
2transportation and recycling of collected residential CEDs
3among manufacturers participating in a manufacturer e-waste
4program. To ensure the equitable and efficient allocation of
5those obligations, the rules adopted by the Pollution Control
6Board shall include a formula that shall be used by
7manufacturers to identify their proportional responsibility
8for the transportation and recycling of collected residential
9CEDs. The formula developed by the Pollution Control Board
10shall take into consideration each manufacturer's market and
11return shares and any other factors the Pollution Control Board
12deems relevant. The rules adopted by the Pollution Control
13Board under this Section shall also allow manufacturers to use
14retail collection sites to satisfy some or all of their
15responsibilities for the transportation and recycling of
16collected residential CEDs.
17 (b) To assist the Pollution Control Board, there is hereby
18created an Advisory Financial Responsibility Allocation Task
19Force, which shall consist of the following members, to be
20appointed by the Director of the Environmental Protection
21Agency:
22 (1) one individual who is a representative of a
23 statewide association representing retailers;
24 (2) one individual who is a representative of a
25 statewide association representing manufacturers;
26 (3) one individual who is a representative of a

HB1955 Enrolled- 42 -LRB100 04571 SMS 14577 b
1 national association representing manufacturers of
2 consumer electronics; and
3 (4) one individual who is a representative of a
4 national association representing the information
5 technology industry.
6 As soon as practicable after the effective date of this
7amendatory Act of the 100th General Assembly, members of the
8Advisory Financial Responsibility Allocation Task Force shall
9be appointed and meet. The Advisory Financial Responsibility
10Allocation Task Force shall file with the Pollution Control
11Board, by no later than October 1, 2017, a rulemaking proposal,
12which sets forth a system for allocating financial
13responsibilities for the transportation and recycling of
14collected CEDs among manufacturers participating in a
15manufacturer e-waste program.
16 Members of the Advisory Financial Responsibility
17Allocation Task Force shall serve voluntarily and without
18compensation.
19 Members of the Advisory Financial Responsibility
20Allocation Task Force shall elect from their number a
21chairperson. The Task Force shall meet initially at the call of
22the Director of the Agency and thereafter at the call of the
23chairperson. A simple majority of the members of the Task Force
24shall constitute a quorum for the transaction of business, and
25all actions and recommendations of the Task Force must be
26approved by a simple majority of its members.

HB1955 Enrolled- 43 -LRB100 04571 SMS 14577 b
1 (c) The rulemaking required under this Section shall be
2conducted in accordance with Title VII of the Environmental
3Protection Act, except that no signed petitions for the
4rulemaking proposal shall be required.
5 (d) The Agency shall provide administrative support to the
6Task Force as needed.
7 (e) The Advisory Financial Responsibility Allocation Task
8Force is dissolved by operation of law on January 1, 2019.
9 (100SB1417enr., Sec. 1-85)
10 Sec. 1-85. Advisory Electronics Recycling Task Force Best
11practices.
12 (a) There is hereby created an Advisory Electronics
13Recycling Task Force, which shall consist of the following 10
14By November 1, 2018 and November 1 of each year thereafter, an
15advisory stakeholder group shall submit a document, to be
16approved annually by a majority of the stakeholder group, of
17agreed-to best practices to be used in the following program
18year and made available on the Agency website. The best
19practices stakeholder group shall be made up of 8 members, to
20be appointed by the Director of the Agency:
21 (1) two individuals who are , including 2
22 representatives of county recycling programs; ,
23 (2) two individuals who are 2 representatives of
24 recycling companies; ,
25 (3) two individuals who are 2 representatives from the

HB1955 Enrolled- 44 -LRB100 04571 SMS 14577 b
1 manufacturing industry; ,
2 (4) one individual who is a one representative of from
3 a statewide trade association representing retailers; ,
4 (5) one individual who is a one representative of a
5 statewide trade association representing manufacturers; ,
6 (6) one individual who is a one representative of a
7 statewide trade association representing waste disposal
8 companies; , and
9 (7) one individual who is a one representative of a
10 national trade association representing manufacturers.
11 Members of the Task Force shall be appointed as soon as
12practicable after the effective date of this amendatory Act of
13the 100th General Assembly, shall serve for 2-year terms, and
14may be reappointed. Vacancies shall be filled by the Director
15of the Agency for the remainder of the current term. Members
16shall serve voluntarily and without compensation.
17 Members shall elect from their number a chairperson, who
18shall also serve a 2-year term. The Task Force shall meet
19initially at the call of the Director of the Agency and
20thereafter at the call of the chairperson. A simple majority of
21the members of the Task Force shall constitute a quorum for the
22transaction of business, and all actions and recommendations of
23the Task Force must be approved by a simple majority of its
24members.
25 (b) By November 1, 2018, and each November 1 thereafter,
26the Task Force shall submit, to the Agency for posting on the

HB1955 Enrolled- 45 -LRB100 04571 SMS 14577 b
1Agency's website, a list of agreed-to best practices to be used
2at program collection sites and one-day collection events in
3the following program year. When establishing best practices,
4the Task Force shall consider the desired intent to preserve
5existing collection programs and relationships when possible.
6 (c) The Agency shall provide the Task Force with
7administrative support as necessary.
8(Source: 100SB1417enr.)
9 (100SB1417enr, Sec. 1-60 rep.)
10 Section 7. If and only if Senate Bill 1417 of the 100th
11General Assembly becomes law, then Section 1-60 of the Consumer
12Electronics Recycling Act is repealed.
13 Section 10. If and only if Senate Bill 1417 of the 100th
14General Assembly becomes law, then Section 100 of the
15Electronic Products Recycling and Reuse Act is amended as
16follows:
17 (415 ILCS 150/100)
18 Sec. 100. Repeal. This Act is repealed on January 1, 2020
192019.
20(Source: 100SB1417enr.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law or on the date the Consumer Electronics Recycling
23Act takes effect, whichever is later.
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