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


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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0362 [HB1955 Detail]

Download: Illinois-2017-HB1955-Chaptered.html



Public Act 100-0362
HB1955 EnrolledLRB100 04571 SMS 14577 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. If and only if Senate Bill 1417 of the 100th
General Assembly becomes law, then the Consumer Electronics
Recycling Act is amended by changing Sections 1-5, 1-10, 1-15,
1-20, 1-25, 1-30, 1-35, 1-40, 1-45, 1-50, 1-55, and 1-85 and by
adding Section 1-84 as follows:
(100SB1417enr., Sec. 1-5)
Sec. 1-5. Definitions. As used in this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Best practices" means standards for collecting and
preparing items for shipment and recycling. "Best practices"
may include standards for packaging for transport, load size,
acceptable load contamination levels, non-CED items included
in a load, and other standards as determined under Section 1-85
of this Act. "Best practices" shall consider the desired intent
to preserve existing collection programs and relationships
when possible.
"Collector" means a person who collects residential CEDs at
any program collection site or one-day collection event and
prepares them for transport.
"Computer", often referred to as a "personal computer" or
"PC", means a desktop or notebook computer as further defined
below and used only in a residence, but does not mean an
automated typewriter, electronic printer, mobile telephone,
portable hand-held calculator, portable digital assistant
(PDA), MP3 player, or other similar device. "Computer" does not
include computer peripherals, commonly known as cables, mouse,
or keyboard. "Computer" is further defined as either:
(1) "Desktop computer", which means an electronic,
magnetic, optical, electrochemical, or other high-speed
data processing device performing logical, arithmetic, or
storage functions for general purpose needs that are met
through interaction with a number of software programs
contained therein, and that is not designed to exclusively
perform a specific type of logical, arithmetic, or storage
function or other limited or specialized application.
Human interface with a desktop computer is achieved through
a stand-alone keyboard, stand-alone monitor, or other
display unit, and a stand-alone mouse or other pointing
device, and is designed for a single user. A desktop
computer has a main unit that is intended to be
persistently located in a single location, often on a desk
or on the floor. A desktop computer is not designed for
portability and generally utilizes an external monitor,
keyboard, and mouse with an external or internal power
supply for a power source. Desktop computer does not
include an automated typewriter or typesetter; or
(2) "Notebook computer", which means an electronic,
magnetic, optical, electrochemical, or other high-speed
data processing device performing logical, arithmetic, or
storage functions for general purpose needs that are met
through interaction with a number of software programs
contained therein, and that is not designed to exclusively
perform a specific type of logical, arithmetic, or storage
function or other limited or specialized application.
Human interface with a notebook computer is achieved
through a keyboard, video display greater than 4 inches in
size, and mouse or other pointing device, all of which are
contained within the construction of the unit that
comprises the notebook computer; supplemental stand-alone
interface devices typically can also be attached to the
notebook computer. Notebook computers can use external,
internal, or batteries for a power source. Notebook
computer does not include a portable hand-held calculator,
or a portable digital assistant or similar specialized
device. A notebook computer has an incorporated video
display greater than 4 inches in size and can be carried as
one unit by an individual. A notebook computer is sometimes
referred to as a laptop computer.
(3) "Tablet computer", which means an electronic,
magnetic, optical, electrochemical, or other high-speed
data processing device performing logical, arithmetic, or
storage functions for general purpose needs that are met
through interaction with a number of software programs
contained therein, and that is not designed to exclusively
perform a specific type of logical, arithmetic, or storage
function or other limited or specialized application.
Human interface with a tablet computer is achieved through
a touch screen and video display screen greater than 6
inches in size (all of which are contained within the unit
that comprises the tablet computer). Tablet computers may
use an external or internal power source. "Tablet computer"
does not include a portable hand-held calculator, a
portable digital assistant, or a similar specialized
device.
"Computer monitor" means an electronic device that is a
cathode-ray tube or flat panel display primarily intended to
display information from a computer and is used only in a
residence.
"County collection site" means a collection site owned or
operated by a county or operated by a third party on behalf of
a county.
"County recycling coordinator" means the individual who is
designated as the recycling coordinator for a county in a waste
management plan developed pursuant to the Solid Waste Planning
and Recycling Act.
"Covered electronic device" or "CED" means any computer,
computer monitor, television, printer, electronic keyboard,
facsimile machine, videocassette recorder, portable digital
music player that has memory capability and is battery powered,
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 sold at retail and taken out of service from
a residence in this State. "Covered electronic device" does not
include any of the following:
(1) an electronic device that is a part of a motor
vehicle or any component part of a motor vehicle assembled
by or for a vehicle manufacturer or franchised dealer,
including replacement parts for use in a motor vehicle;
(2) an electronic device that is functionally or
physically part of a larger piece of equipment or that is
taken out of service from an industrial, commercial
(including retail), library checkout, traffic control,
kiosk, security (other than household security),
governmental, agricultural, or medical setting, including
but not limited to diagnostic, monitoring, or control
equipment; or
(3) an electronic device that is contained within a
clothes washer, clothes dryer, refrigerator, refrigerator
and freezer, microwave oven, conventional oven or range,
dishwasher, room air conditioner, dehumidifier, water
pump, sump pump, or air purifier. To the extent allowed
under federal and State laws and regulations, a CED that is
being collected, recycled, or processed for reuse is not
considered to be hazardous waste, household waste, solid
waste, or special waste.
"Covered electronic device category" or "CED category"
means each of the following 8 categories of residential CEDs:
(1) computers and small-scale servers;
(2) computer monitors;
(3) televisions;
(4) printers, facsimile machines, and scanners;
(5) digital video disc players, digital video disc
recorders, and videocassette recorders;
(6) video game consoles;
(7) digital converter boxes, cable receivers, and
satellite receivers; and
(8) electronic keyboards, electronic mice, and
portable digital music players that have memory capability
and are battery powered.
"Manufacturer" means a person, or a successor in interest
to a person, under whose brand or label a CED is or was sold at
retail. For any CED sold at retail under a brand or label that
is licensed from a person who is a mere brand owner and who
does not sell or produce a CED, the person who produced the CED
or his or her successor in interest is the manufacturer. For
any CED sold at retail under the brand or label of both the
retail seller and the person that produced the CED, the person
that produced the CED, or his or her successor in interest, is
the manufacturer.
"Manufacturer clearinghouse" means a group of 2 or more
manufacturers, representing at least 50% of the manufacturers'
total obligations under this Act for a program year, that are
cooperating with one another to collectively establish and
operate an e-waste program for the purpose of complying with
this Act.
"Manufacturer e-waste program" means any program
established, financed, and operated by a manufacturer,
individually or as part of a manufacturer clearinghouse, to
transport and subsequently recycle, in accordance with the
requirements of this Act, residential CEDs collected at program
collection sites and one-day collection events in accordance
with best practices.
"Municipal joint action agency" means a municipal joint
action agency created under Section 3.2 of the
Intergovernmental Cooperation Act.
"One-day collection event" means a one-day event used as a
substitute for a program collection site pursuant to Section
1-15 of this Act.
"Person" means an individual, partnership, co-partnership,
firm, company, limited liability company, corporation,
association, joint stock company, trust, estate, political
subdivision, State agency, or any other legal entity; or a
legal representative, agent, or assign of that entity. "Person"
includes a unit of local government.
"Printer" means desktop printers, multifunction printer
copiers, and printer/fax combinations taken out of service from
a residence that are designed to reside on a work surface, and
include various print technologies, including without
limitation laser and LED (electrographic), ink jet, dot matrix,
thermal, and digital sublimation, and "multi-function" or
"all-in-one" devices that perform different tasks, including
without limitation copying, scanning, faxing, and printing.
Printers do not include floor-standing printers, printers with
optional floor stand, point of sale (POS) receipt printers,
household printers such as a calculator with printing
capabilities or label makers, or non-stand-alone printers that
are embedded into products that are not CEDs.
"Program collection site" means a physical location that is
included in a manufacturer e-waste program and at which
residential CEDs are collected and prepared for transport by a
collector during a program year in accordance with the
requirements of this Act. Except as otherwise provided in this
Act, "program collection" site" does not include a retail
collection site.
"Program year" means a calendar year. The first program
year is 2019.
"Recycler" means any person who transports or subsequently
recycles residential CEDs that have been collected and prepared
for transport by a collector at any program collection site or
one-day collection event.
"Recycling" has the meaning provided under Section 3.380 of
the Environmental Protection Act. "Recycling" includes any
process by which residential CEDs that would otherwise be
disposed of or discarded are collected, separated, or processed
and returned to the economic mainstream in the form of raw
materials or products.
"Residence" means a dwelling place or home in which one or
more individuals live.
"Residential covered electronic device" or "residential
CED" means any covered electronic device taken out of service
from a residence in the State.
"Retail collection site" means a private sector collection
site operated by a retailer collecting on behalf of a
manufacturer.
"Retailer" means a person who first sells, through a sales
outlet, catalogue, or the Internet, a covered electronic device
at retail to an individual for residential use or any permanent
establishment primarily where merchandise is displayed, held,
stored, or offered for sale to the public.
"Sale" means any retail transfer of title for consideration
of title including, but not limited to, transactions conducted
through sales outlets, catalogs, or the Internet or any other
similar electronic means. "Sale" does not include financing or
leasing.
"Small-scale server" means a computer that typically uses
desktop components in a desktop form designed primarily to
serve as a storage host for other computers. To be considered a
small-scale server, a computer must: be designed in a pedestal,
tower, or other form that is similar to that of a desktop
computer so that all data processing, storage, and network
interfacing is contained within one box or product; be designed
to be operational 24 hours per day and 7 days per week; have
very little unscheduled downtime, such as on the order of hours
per year; be capable of operating in a simultaneous multi-user
environment serving several users through networked client
units; and be designed for an industry-accepted operating
system for home or low-end server applications.
"Television" means an electronic device that contains (i)
containing a cathode-ray tube or flat panel screen the size of
which is greater than 4 inches when measured diagonally and ,
(ii) that is intended to receive video programming via
broadcast, cable, or satellite, internet, or other mode of
video transmission or to receive video from surveillance or
other similar cameras, and (iii) that is used only in a
residence.
(Source: 100SB1417enr.)
(100SB1417enr., Sec. 1-10)
Sec. 1-10. Manufacturer e-waste program.
(a) For program year 2019 and each program year thereafter,
each manufacturer shall, individually or as part of a
manufacturer clearinghouse, provide a manufacturer e-waste
program to transport and subsequently recycle, in accordance
with the requirements of this Act, residential CEDs collected
at, and prepared for transport from, the program collection
sites and one-day collection events included in the program
during the program year.
(b) Each manufacturer e-waste program must include, at a
minimum, the following:
(1) satisfaction of the convenience standard described
in Section 1-15 of this Act;
(2) instructions for designated county recycling
coordinators and municipal joint action agencies to
annually file notice to participate in the program;
(3) transportation and subsequent recycling of the
residential CEDs collected at, and prepared for transport
from, the program collection sites and one-day collection
events included in the program during the program year; and
(4) submission of a report to the Agency, by March 1
January 31, 2020, and each March 1 January 31 thereafter,
which includes:
(A) the total weight of all residential CEDs
transported from program collection sites and one-day
collection events throughout the State during the
preceding program year by CED category;
(B) the total weight of residential CEDs
transported from all program collection sites and
one-day collection events in each county in the State
during the preceding program year by CED category; and
(C) the total weight of residential CEDs
transported from all program collection sites and
one-day collection events in each county in the State
during that preceding program year and that was
recycled.
(c) Each manufacturer e-waste program The Agency shall make
the instructions required under paragraph (2) of subsection (b)
available on its the Agency's website by December 1, 2017, and
the program shall provide to the Agency a hyperlink to the
website for posting on the Agency's website.
(d) Nothing in this Act shall prevent a manufacturer from
accepting, through a manufacturer e-waste program, residential
CEDs collected through a curbside collection program that is
operated pursuant to an agreement between a third party and a
unit of local government located within a county or municipal
joint action agency that has elected to participate in a
manufacturer e-waste program.
(Source: 100SB1417enr.)
(100SB1417enr., Sec. 1-15)
Sec. 1-15. Convenience standard for program collection
sites and one-day collection events.
(a) Beginning in 2019 each manufacturer e-waste program for
a program year must include, at a minimum, program collection
sites in the following quantities in counties that elect to
participate in the manufacturer e-waste program for the program
year:
(1) one program collection site in each county that has
elected to participate in the manufacturer e-waste program
for the program year and that has a population density that
is less than 250 individuals per square mile;
(2) two program collection sites in each county that
has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 250 individuals
per square mile but less than 500 individuals per square
mile;
(3) three program collection sites in each county that
has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 500 individuals
per square mile but less than 750 individuals per square
mile;
(4) four program collection sites in each county that
has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 750 individuals
per square mile but less than 1,000 individuals per square
mile;
(5) five program collection sites in each county that
has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 1,000 individuals
per square mile but less than 5,000 individuals per square
mile; and
(6) fifteen ten program collection sites in each county
that has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 5,000 individuals
per square mile.
For purposes of this Section, county population densities
shall be based on the entire county's population density,
regardless of whether a municipality or municipal joint action
agency in the county participates in a manufacturer e-waste
program.
If a municipality with a population of over 1,000,000
residents elects notifies the program of the municipality's
desire to participate in a manufacturer e-waste the program for
a program year, then the program that municipality shall
provide 10 additional receive 15 program collection sites for
the program year to be located in that municipality, and the
program collection sites required under paragraph (6) of
subsection (a) of this Section shall be that municipality in
addition to county sites, which shall be located outside of the
municipality.
If a municipal joint action agency elects to participate in
a manufacturer e-waste program for a program year, it shall
receive, for that year, a population-based pro rata share of
the program collection sites that would be granted to the
county in which the municipal joint action agency is located if
the county were to elect to participate in the program for that
year, rounded to the nearest whole number.
A designated county recycling coordinator may elect to
operate more than the required minimum number of collection
sites.
(b) Notwithstanding subsection (a) of this Section, any
county, municipality, or municipal joint action agency the
county recycling coordinator for a county that elects to
participate in a manufacturer e-waste program may enter into a
written agreement with the operators of any manufacturer
e-waste program in order to do one or more of the following:
(1) to decrease the number of program collection sites
in the county, municipality, or territorial boundary of the
municipal joint action agency for the program year;
(2) to substitute a program collection site in the
county, municipality, or territorial boundary of the
municipal joint action agency with either (i) 4 one-day
collection events in the county or (ii) a different number
of such events in the county as may be provided in the
written agreement;
(3) to substitute the location of a program collection
site in the county, municipality, or territorial boundary
of the municipal joint action agency for the program year
with another location in the county; or
(4) to substitute the location of a one-day collection
in the county, municipality, or territorial boundary of the
municipal joint action agency with another location; or in
the county.
(5) to use, with the agreement of the applicable
retailer, a retail collection site as a program collection
site.
An agreement made pursuant to paragraph paragraphs (1) or
(2) of this subsection (b) shall be reduced to writing and
included in the manufacturer e-waste program plan as required
under subsection (a) of Section 1-25 of this Act.
(c) To facilitate the equitable allocation of covered
electronic device collection and recycling obligations among
manufacturers participating in a manufacturer e-waste program,
beginning November 1, 2018 and by November 1 of each year
thereafter, the Agency shall determine each manufacturer's
collection obligation for each CED category that takes into
account the market share of a manufacturer so that the
manufacturer's obligations are allocated based on the weight of
the manufacturer's sales in each CED category, divided by the
weight of all sales in each CED category multiplied by the
proportion of the weight of CEDs in each CED category collected
from county collection sites used in the manufacturer's e-waste
program in the prior program year. The manufacturer's
collection obligation calculated in this subsection (c) shall
be expressed as a percentage.
(d) Nothing in this Act shall prevent a manufacturer from
using retail collection sites to satisfy the manufacturer's
obligations under this Section.
(Source: 100SB1417enr.)
(100SB1417enr., Sec. 1-20)
Sec. 1-20. Election to participate in manufacturer e-waste
programs. Beginning with program year 2019, a county, a
municipal joint action agency, or a municipality with a
population of more than 1,000,000 residents may elect to
participate in a manufacturer e-waste program by filing having
the county recycling coordinator file with the manufacturer
e-waste program and the Agency, on or before March 1, 2018, and
on or before March 1 of each year thereafter for the upcoming
program year, a written notice of election to participate in
the program. The written notice shall include a list of
proposed collection locations likely to be available and
appropriate to support the this program, and may include
locations already providing similar collection services. The
written notice may include a list of registered recyclers that
the county, municipal joint action agency, or municipality
would prefer using for its collection sites or one-day events.
Counties, municipal joint action agencies, and
municipalities with a population of more than 1,000,000
residents County program coordinators may contract with
registered collectors to operate collection sites. Eligible
registered collectors are not limited to private companies and
non-government organizations. All collectors operating county
supervised programs shall abide by the standards in Section
1-45.
Should a county elect not to participate in the program, a
municipal joint action agency, representing residents within a
certain geographic area in the non-participating county can
elect to participate in the e-waste program on behalf of the
residents of the municipal joint action agency.
(Source: 100SB1417enr.)
(100SB1417enr., Sec. 1-25)
Sec. 1-25. Manufacturer e-waste program plans.
(a) By July 1, 2018, and by July 1 of each year thereafter
for the upcoming program year, beginning with program year
2019, each manufacturer shall, individually or as a
manufacturer clearinghouse, submit to the Agency a
manufacturer e-waste program plan and assume the financial
responsibility for bulk transportation, packaging materials
necessary to prepare shipments in compliance with best
practices, and recycling of collected CEDs, which includes, at
a minimum, the following:
(1) the contact information for the individual who will
serve as the point of contact for the manufacturer e-waste
program;
(2) the identity of each county that has elected to
participate in the manufacturer e-waste program during the
program year;
(3) for each county, the location of each program
collection site and one-day collection event included in
the manufacturer e-waste program for the program year;
(4) the collector operating each program collection
site and one-day collection event included in the
manufacturer e-waste program for the program year;
(5) the recyclers that manufacturers plan to use during
the program year to transport and subsequently recycle
residential CEDs under the program, with the updated list
of recyclers to be provided to the Agency no later than
December 1 preceding each program year; and
(6) an explanation of any deviation by the program from
the standard program collection site distribution set
forth in subsection (a) of Section 1-15 of this Act for the
program year, along with copies of all written agreements
made pursuant to paragraphs (1) or (2) of subsection (b) of
Section 1-15 for the program year.
(b) Within 60 days after receiving a manufacturer e-waste
program plan, the Agency shall review the plan and approve the
plan or disapprove the plan.
(1) If the Agency determines that the program
collection sites and one-day collection events specified
in the plan will satisfy the convenience standard set forth
in Section 1-15 of this Act, then the Agency shall approve
the manufacturer e-waste program plan and provide written
notification of the approval to the individual who serves
as the point of contact for the manufacturer. The Agency
shall make post the approved plan available on the Agency's
website.
(2) If the Agency determines the plan will not satisfy
the convenience standard set forth in Section 1-15 of this
Act, then the Agency shall disapprove the manufacturer
e-waste program plan and provide written notification of
the disapproval and the reasons for the disapproval to the
individual who serves as the point of contact for the
manufacturer. Within 30 days after the date of disapproval,
the individual who serves as the point of contact for the
manufacturer shall submit a revised manufacturer e-waste
program plan that addresses the deficiencies noted in the
Agency's disapproval.
(c) Manufacturers shall assume financial responsibility
for carrying out their e-waste program plans, including, but
not limited to, financial responsibility for providing the
packaging materials necessary to prepare shipments of
collected residential CEDs in compliance with subsection (e) of
Section 1-45, as well as financial responsibility for bulk
transportation and recycling of collected residential CEDs.
(Source: 100SB1417enr.)
(100SB1417enr., Sec. 1-30)
Sec. 1-30. Manufacturer registration.
(a) By April 1, 2018, and by April 1 of each year
thereafter for the upcoming program year, beginning with
program year 2019, each manufacturer who sells CEDs in the
State must register with the Agency by: (i) submitting to the
Agency a $5,000 $3,000 registration fee; and (ii) completing
and submitting to the Agency the registration form prescribed
by the Agency. Information on the registration form shall
include, without limitation, all of the following:
(1) a list of all of the brands and labels under which
the manufacturer's CEDs are sold or offered for sale in the
State; and
(2) the total weights, by CED category, of residential
weight of all individual CEDs by category sold or offered
for sale under any of the manufacturer's brands or labels
in the United States during the calendar year immediately
preceding 2 years before the applicable program year.
If, during a program year, any of the manufacturer's CEDs
are sold or offered for sale in the State under a brand that is
not listed in the manufacturer's registration, then, within 30
days after the first sale or offer for sale under that brand,
the manufacturer must amend its registration to add the brand.
All registration fees collected by the Agency pursuant to this
Section shall be deposited into the Solid Waste Management
Fund.
(b) The Agency shall post on its website a list of all
registered manufacturers.
(c) Beginning in program year 2019, a manufacturer whose
CEDs are sold or offered for sale in this State for the first
time on or after April 1 of a program year must register with
the Agency within 30 days after the date the CEDs are first
sold or offered for sale in the State.
(d) Beginning in program year 2019, manufacturers shall
ensure that only recyclers that have registered with the Agency
and meet the recycler standards set forth in Section 1-40 are
used to transport or recycle residential CEDs collected at any
program collection site or one-day collection event.
(e) Beginning in program year 2019, no manufacturer may
sell or offer for sale a CED in this State unless the
manufacturer is registered and operates a manufacturer program
either individually or as part of the manufacturer
clearinghouse as required in this Act.
(f) Beginning in program year 2019, no manufacturer may
sell or offer for sale a CED in this State unless the
manufacturer's brand name is permanently affixed to, and is
readily visible on, the CED.
(g) In accordance with a contract or agreement with a
county, municipality, or municipal joint action agency that has
elected to participate in a manufacturer e-waste program under
this Act, manufacturers may, either individually or through the
manufacturer clearinghouse, audit program collection sites and
proposed program collection sites for compliance with the terms
and conditions of the contract or agreement. Audits shall be
conducted during normal business hours, and a manufacturer or
its designee shall provide reasonable notice to the collection
site in advance of the audit. Audits of all program collection
sites may include, among other things, physical site location
visits and inspections and review of processes, procedures,
technical systems, reports, and documentation reasonably
related to the collecting, sorting, packaging, and recycling of
residential CEDs in compliance with this Act.
(h) Nothing in this Act shall require a manufacturer or
manufacturer e-waste program to collect, transport, or recycle
any CEDs other than residential CEDs, or to accept for
transport or recycling any pallet or bulk container of
residential CEDs that has not been prepared by the collector
for shipment in accordance with subsection (e) of Section 1-45.
(Source: 100SB1417enr.)
(100SB1417enr., Sec. 1-35)
Sec. 1-35. Retailer responsibilities.
(a) Beginning in program year 2019, no retailer who first
sells, through a sales outlet, catalogue, or the Internet, a
CED at retail to an individual for residential use may sell or
offer for sale any CED in or for delivery into this State
unless:
(1) the CED is labeled with a brand, and the label is
permanently affixed and readily visible; and
(2) the manufacturer is registered with the Agency at
the time the retailer purchases the CED.
(b) A retailer shall be considered to have complied with
paragraphs (1) and (2) of subsection (a) if:
(1) a manufacturer registers with the Agency agency
within 30 days of a retailer taking possession of the
manufacturer's CED;
(2) a manufacturer's registration expires and the
retailer ordered the CED prior to the expiration, in which
case the retailer may sell the CED, but only if the sale
takes place within 180 days of the expiration; or
(3) a manufacturer is no longer conducting business and
has no successor in interest, in which case the retailer
may sell any orphan CED ordered prior to the
discontinuation of business.
(c) Retailers shall not be considered collectors under the
convenience standard and retail collection sites shall not be
considered a collection site for the purposes of the
convenience standard pursuant to Sections 1-10, 1-15, and 1-25
unless otherwise agreed to in writing by the (i) retailer, (ii)
operators of the manufacturer manufacture e-waste program, and
(iii) the applicable county, municipal joint action agency, or
municipality coordinator. If retailers agree to participate in
a county program collection site, then the retailer collection
site does not have to collect all CEDs or register as a
collector.
(d) Manufacturers may use retail collection sites for
satisfying some or all of their obligations pursuant to
Sections 1-10, 1-15 and 1-25.
(e) Nothing in this Act shall prohibit a retailer from
collecting a fee for each CED collected.
(Source: 100SB1417enr.)
(100SB1417enr., Sec. 1-40)
Sec. 1-40. Recycler responsibilities.
(a) By January 1, 2019, and by January 1 of each year
thereafter for that program year, beginning with program year
2019, each recycler must register with the Agency by (i)
submitting to the Agency a $3,000 registration fee and (ii)
completing and submitting to the Agency the registration form
prescribed by the Agency. The registration form prescribed by
the Agency shall include, without limitation, the address of
each location where the recycler manages residential CEDs
collected through a manufacturer e-waste program and the
certification required under subsection (d) of this Section.
All registration fees collected by the Agency pursuant to this
Section shall be deposited into the Solid Waste Management
Fund.
(a-5) The Agency may deny a registration under this Section
if the recycler or any employee or officer of the recycler has
a history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances related to the
collection, recycling, or other management of CEDs;
(2) conviction in this State or another state of any
crime which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction in
this State or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or
condition; or
(3) gross carelessness or incompetence in handling,
storing, processing, transporting, disposing, or otherwise
managing CEDs.
(b) The Agency shall post on the Agency's website a list of
all registered recyclers and the information requested by
subsection (d) of Section 1-40.
(c) Beginning in program year 2019, no person may act as a
recycler of residential CEDs for a manufacturer's e-waste
program unless the recycler is registered with the Agency as
required under this Section.
(d) Beginning in program year 2019, recyclers must, as a
part of their annual registration, certify compliance at a
minimum, comply with all of the following requirements:
(1) Recyclers must comply with federal, State, and
local laws and regulations, including federal and State
minimum wage laws, specifically relevant to the handling,
processing, and recycling of residential CEDs and must have
proper authorization by all appropriate governing
authorities to perform the handling, processing, and
recycling.
(2) Recyclers 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 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 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 must maintain on file proof of workers'
compensation and employers' liability insurance.
(6) Recyclers must provide adequate assurance, such as
bonds or corporate guarantees, to cover environmental and
other costs of the closure of the recycler's facility,
including cleanup of stockpiled equipment and materials.
(7) Recyclers must apply due diligence principles to
the selection of facilities to which components and
materials, such as plastics, metals, and circuit boards,
from residential CEDs are sent for reuse and recycling.
(8) Recyclers 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's environmental compliance
at the facility.
(9) Recyclers 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 residential CED
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 residential CED components are shredded,
operations must be designed to control indoor and outdoor
hazardous air emissions.
(10) Recyclers must establish a system for identifying
and properly managing components, such as circuit boards,
batteries, cathode-ray tubes, and mercury phosphor lamps,
that are removed from residential CEDs during disassembly.
Recyclers must properly manage all hazardous and other
components requiring special handling from residential
CEDs consistent with federal, State, and local laws and
regulations. Recyclers 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 may send, either
directly or through intermediaries, hazardous wastes to
solid 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 must use a regularly implemented and
documented monitoring and record-keeping program that
tracks total inbound residential CED material weights and
total subsequent outbound weights to each destination,
injury and illness rates, and compliance with applicable
permit parameters including monitoring of effluents and
emissions. Recyclers 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 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.
(13) No recycler may employ prison labor in any
operation related to the collection, transportation, and
recycling of CEDs. No recycler may employ any third party
that uses or subcontracts for the use of prison labor.
(e) Each recycler shall, during each calendar year,
transport from each site that the recycler uses to manage
residential CEDs not less than 75% of the total weight of
residential CEDs present at the site during the preceding
calendar year. Each recycler shall maintain on-site records
that demonstrate compliance with this requirement and shall
make those records available to the Agency for inspection and
copying.
(f) Nothing in this Act shall prevent a person from acting
as a recycler independently of a manufacturer e-waste program.
(Source: 100SB1417enr.)
(100SB1417enr., Sec. 1-45)
Sec. 1-45. Collector responsibilities.
(a) By January 1, 2019, and by January 1 of each year
thereafter for that program year, beginning with program year
2019, a person acting as a collector under a manufacturer
e-waste program shall register with the Agency by completing
and submitting to the Agency the registration form prescribed
by the Agency. The registration form prescribed by the Agency
must include, without limitation, the address of each location
at which the collector accepts residential CEDs.
(a-5) The Agency may deny a registration under this Section
if the collector or any employee or officer of the collector
has a history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances related to the
collection, recycling, or other management of CEDs;
(2) conviction in this State or another state of any
crime which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction in
this State or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or
condition; or
(3) gross carelessness or incompetence in handling,
storing, processing, transporting, disposing, or otherwise
managing CEDs.
(b) The Agency shall post on the Agency's website a list of
all registered collectors.
(c) Manufacturers and recyclers acting as collectors shall
so indicate on their registration under Section 1-30 or 1-40 of
this Act.
(d) By March 1 January 31, 2020 and every March 1 January
31 thereafter, each collector that operates a program
collection site or one-day collection event shall report, to
the Agency and to the manufacturer e-waste program, the total
weight, by CED category, of residential CEDs transported from
the program collection site or one-day collection event during
the previous program year its previous program year data on
CEDs collected to the Agency and manufacturer clearinghouse to
assist in satisfying a manufacturer's obligation pursuant to
subsection (c) of Section 1-15.
(e) Each collector that operates a program collection site
or one-day event shall ensure that the collected residential
CEDs are sorted and loaded in compliance with local, State, and
federal law and in accordance with best practices recommended
by the recycler and Section 1-85 of this Act. In addition, at a
minimum, the collector shall also comply with the following
requirements:
(1) residential all CEDs must be accepted at the
program collection site or one-day collection event unless
otherwise provided in this Act;
(2) residential CEDs shall be kept separate from other
material and shall be:
(A) packaged in a manner to prevent breakage; and
(B) loaded onto pallets and secured with plastic
wrap or in pallet-sized bulk containers prior to
shipping; and
(C) on average per collection site 18,000 pounds
per shipment, and if not then the recycler may charge
the collector a prorated prorate charge on the
shortfall in weight, not to exceed $600; .
(3) residential CEDs shall be sorted into the following
categories:
(A) computer monitors and televisions containing a
cathode-ray tube, other than televisions with wooden
exteriors;
(B) computer monitors and televisions containing a
flat panel screen;
(C) all other covered televisions that are
residential CEDs;
(D) computers;
(E) all other residential CEDs; and
(F) any electronic device that is not part of the
manufacturer program that the collector has arranged
to have picked up with residential CEDs and for which a
financial arrangement has been made to cover the
recycling costs outside of the manufacturer program;
and
(4) containers holding the CEDs must be structurally
sound for transportation; and .
(5) each shipment of residential CEDs from a program
collection site or one-day collection event shall include a
collector-prepared bill of lading or similar manifest,
which describes the origin of the shipment and the number
of pallets or bulk containers of residential CEDs in the
shipment.
(f) (e) Except as provided in subsection (g) (f) of this
Section, each collector that operates a program collection site
or one-day collection event during a program year shall accept
all residential CEDs that are delivered to the program
collection site or one-day collection event during the program
year.
(g) (f) No collector that operates a program collection
site or one-day collection event shall:
(1) accept, at the program collection site or one-day
collection event, more than 7 residential CEDs from an
individual at any one time; .
(2) scrap, salvage, dismantle, or otherwise
disassemble any residential CED collected at a program
collection site or one-day collection event;
(3) deliver to a manufacturer e-waste program, through
its recycler, any CED other than a residential CED
collected at a program collection site or one-day
collection event; or
(4) deliver to a person other than the manufacturer
e-waste program or its recycler, a residential CED
collected at a program collection site or one-day
collection event.
(h) (g) Beginning in program year 2019, registered
collectors participating in county supervised collection
programs may collect a fee for each desktop computer monitor or
television accepted for recycling to cover costs for collection
and preparation for bulk shipment or to cover costs associated
with the requirements of cost for subsection (e) of Section
1-45.
(i) (h) Nothing in this Act shall prevent a person an
individual from acting as a collector independently of a
manufacturer e-waste program.
(Source: 100SB1417enr.)
(100SB1417enr., Sec. 1-50)
Sec. 1-50. Penalties.
(a) Except as otherwise provided in this Act, any person
who violates any provision of this Act is liable for a civil
penalty of $7,000 per $1,000 for the violation, provided that
the penalty for failure to register or pay a fee under this Act
shall be double the applicable registration fee.
(b) The penalties provided for in this Section may be
recovered in a civil action brought in the name of the people
of the State of Illinois by the State's Attorney of the county
in which the violation occurred or by the Attorney General. Any
penalties collected under this Section in an action in which
the Attorney General has prevailed shall be deposited in the
Environmental Protection Trust Fund, to be used in accordance
with the provisions of the Environmental Protection Trust Fund
Act.
(c) The Attorney General or the State's Attorney of a
county in which a violation occurs may institute a civil action
for an injunction, prohibitory or mandatory, to restrain
violations of this Act or to require such actions as may be
necessary to address violations of this Act.
(d) A fine imposed by administrative citation pursuant to
Section 1-55 of this Act shall be $1,000 per violation, plus
any hearing costs incurred by the Illinois Pollution Control
Board and the Agency. Such fines shall be made payable to the
Environmental Protection Trust Fund to be used in accordance
with the Environmental Protection Trust Fund Act.
(e) The penalties and injunctions provided in this Act are
in addition to any penalties, injunctions, or other relief
provided under any other law. Nothing in this Act bars a cause
of action by the State for any other penalty, injunction, or
other relief provided by any other law.
(f) A knowing violation of subsections (a), (b), or (c) of
Section 1-83 of this Act by anyone other than a residential
consumer is a petty offense punishable by a fine of $500. A
knowing violation of subsections (a), (b), or (c) of Section
1-83 by a residential consumer is a petty offense punishable by
a fine of $25 for a first violation; however, a subsequent
violation by a residential consumer is a petty offense
punishable by a fine of $50.
(g) Any person who knowingly makes a false, fictitious, or
fraudulent material statement, orally or in writing, to the
Agency, related to or required by this Act or any rule adopted
under this Act commits a Class 4 felony, and each such
statement or writing shall be considered a separate Class 4
felony. A person who, after being convicted under this
subsection (g), violates this subsection (g) a second or
subsequent time, commits a Class 3 felony.
(Source: 10000SB1417enr.)
(100SB1417enr., Sec. 1-55)
Sec. 1-55. Administrative citations.
(a) Any violation of a registration requirement in Sections
1-30, 1-40, or 1-45 of this Act, any violation of the reporting
requirement in paragraph (4) of subsection (b) of Section 1-10
of this Act, and any violation of a the plan submission
requirement in subsection (a) of Section 1-25 of this Act shall
be enforceable by administrative citation issued by the Agency.
Whenever Agency personnel shall, on the basis of direct
observation, determine that any person has violated any of
those provisions, the Agency may issue and serve, within 60
days after the observed violation, an administrative citation
upon that person. Each citation shall be served upon the person
named or the person's authorized agent for service of process
and shall include the following:
(1) a statement specifying the provisions of this Act
that the person has violated;
(2) the penalty imposed under subsection (d) of Section
1-50 of this Act for that violation; and
(3) an affidavit by the personnel observing the
violation, attesting to their material actions and
observations.
(b) If the person named in the administrative citation
fails to petition the Illinois Pollution Control Board for
review within 35 days after the date of service, then the Board
shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation and shall impose the penalty specified in
subsection (d) of Section 1-50 of this Act.
(c) If a petition for review is filed with the Board to
contest an administrative citation issued under this Section,
then the Agency shall appear as a complainant at a hearing
before the Board to be conducted pursuant to subsection (d) of
this Section at a time not less than 21 days after notice of
the hearing has been sent by the Board to the Agency and the
person named in the citation. In those hearings, the burden of
proof shall be on the Agency. If, based on the record, the
Board finds that the alleged violation occurred, then the Board
shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation, and shall impose the penalty specified in
subsection (d) of Section 1-50 of this Act. However, if the
Board finds that the person appealing the citation has shown
that the violation resulted from uncontrollable circumstances,
then the Board shall adopt a final order that makes no finding
of violation and imposes no penalty.
(d) All hearings under this Section shall be held before a
qualified hearing officer, who may be attended by one or more
members of the Board, designated by the Chairman. All of these
hearings shall be open to the public, and any person may submit
written statements to the Board in connection with the subject
of these hearings. In addition, the Board may permit any person
to offer oral testimony. Any party to a hearing under this
Section may be represented by counsel, make oral or written
argument, offer testimony, cross-examine witnesses, or take
any combination of those actions. All testimony taken before
the Board shall be recorded stenographically. The transcript so
recorded and any additional matter accepted for the record
shall be open to public inspection, and copies of those
materials shall be made available to any person upon payment of
the actual cost of reproducing the original.
(Source: 100SB1417enr.)
(S.B. 1417, 100th G.A., Sec. 1-84 new)
Section 1-84. Allocation of financial responsibilities
among manufacturers.
(a) Within 9 months after its receipt of the rulemaking
proposal described in subsection (b) of this Section, the
Pollution Control Board shall adopt rules regarding the
allocation of financial responsibilities for the
transportation and recycling of collected residential CEDs
among manufacturers participating in a manufacturer e-waste
program. To ensure the equitable and efficient allocation of
those obligations, the rules adopted by the Pollution Control
Board shall include a formula that shall be used by
manufacturers to identify their proportional responsibility
for the transportation and recycling of collected residential
CEDs. The formula developed by the Pollution Control Board
shall take into consideration each manufacturer's market and
return shares and any other factors the Pollution Control Board
deems relevant. The rules adopted by the Pollution Control
Board under this Section shall also allow manufacturers to use
retail collection sites to satisfy some or all of their
responsibilities for the transportation and recycling of
collected residential CEDs.
(b) To assist the Pollution Control Board, there is hereby
created an Advisory Financial Responsibility Allocation Task
Force, which shall consist of the following members, to be
appointed by the Director of the Environmental Protection
Agency:
(1) one individual who is a representative of a
statewide association representing retailers;
(2) one individual who is a representative of a
statewide association representing manufacturers;
(3) one individual who is a representative of a
national association representing manufacturers of
consumer electronics; and
(4) one individual who is a representative of a
national association representing the information
technology industry.
As soon as practicable after the effective date of this
amendatory Act of the 100th General Assembly, members of the
Advisory Financial Responsibility Allocation Task Force shall
be appointed and meet. The Advisory Financial Responsibility
Allocation Task Force shall file with the Pollution Control
Board, by no later than October 1, 2017, a rulemaking proposal,
which sets forth a system for allocating financial
responsibilities for the transportation and recycling of
collected CEDs among manufacturers participating in a
manufacturer e-waste program.
Members of the Advisory Financial Responsibility
Allocation Task Force shall serve voluntarily and without
compensation.
Members of the Advisory Financial Responsibility
Allocation Task Force shall elect from their number a
chairperson. The Task Force shall meet initially at the call of
the Director of the Agency and thereafter at the call of the
chairperson. A simple majority of the members of the Task Force
shall constitute a quorum for the transaction of business, and
all actions and recommendations of the Task Force must be
approved by a simple majority of its members.
(c) The rulemaking required under this Section shall be
conducted in accordance with Title VII of the Environmental
Protection Act, except that no signed petitions for the
rulemaking proposal shall be required.
(d) The Agency shall provide administrative support to the
Task Force as needed.
(e) The Advisory Financial Responsibility Allocation Task
Force is dissolved by operation of law on January 1, 2019.
(100SB1417enr., Sec. 1-85)
Sec. 1-85. Advisory Electronics Recycling Task Force Best
practices.
(a) There is hereby created an Advisory Electronics
Recycling Task Force, which shall consist of the following 10
By November 1, 2018 and November 1 of each year thereafter, an
advisory stakeholder group shall submit a document, to be
approved annually by a majority of the stakeholder group, of
agreed-to best practices to be used in the following program
year and made available on the Agency website. The best
practices stakeholder group shall be made up of 8 members, to
be appointed by the Director of the Agency:
(1) two individuals who are , including 2
representatives of county recycling programs; ,
(2) two individuals who are 2 representatives of
recycling companies; ,
(3) two individuals who are 2 representatives from the
manufacturing industry; ,
(4) one individual who is a one representative of from
a statewide trade association representing retailers; ,
(5) one individual who is a one representative of a
statewide trade association representing manufacturers; ,
(6) one individual who is a one representative of a
statewide trade association representing waste disposal
companies; , and
(7) one individual who is a one representative of a
national trade association representing manufacturers.
Members of the Task Force shall be appointed as soon as
practicable after the effective date of this amendatory Act of
the 100th General Assembly, shall serve for 2-year terms, and
may be reappointed. Vacancies shall be filled by the Director
of the Agency for the remainder of the current term. Members
shall serve voluntarily and without compensation.
Members shall elect from their number a chairperson, who
shall also serve a 2-year term. The Task Force shall meet
initially at the call of the Director of the Agency and
thereafter at the call of the chairperson. A simple majority of
the members of the Task Force shall constitute a quorum for the
transaction of business, and all actions and recommendations of
the Task Force must be approved by a simple majority of its
members.
(b) By November 1, 2018, and each November 1 thereafter,
the Task Force shall submit, to the Agency for posting on the
Agency's website, a list of agreed-to best practices to be used
at program collection sites and one-day collection events in
the following program year. When establishing best practices,
the Task Force shall consider the desired intent to preserve
existing collection programs and relationships when possible.
(c) The Agency shall provide the Task Force with
administrative support as necessary.
(Source: 100SB1417enr.)
(100SB1417enr, Sec. 1-60 rep.)
Section 7. If and only if Senate Bill 1417 of the 100th
General Assembly becomes law, then Section 1-60 of the Consumer
Electronics Recycling Act is repealed.
Section 10. If and only if Senate Bill 1417 of the 100th
General Assembly becomes law, then Section 100 of the
Electronic Products Recycling and Reuse Act is amended as
follows:
(415 ILCS 150/100)
Sec. 100. Repeal. This Act is repealed on January 1, 2020
2019.
(Source: 100SB1417enr.)
Section 99. Effective date. This Act takes effect upon
becoming law or on the date the Consumer Electronics Recycling
Act takes effect, whichever is later.
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