Bill Text: IL HB4128 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Consumer Electronics Recycling Act. Provides that a manufacturer or manufacturer clearinghouse acting in accordance with the Act when engaged in activities related to a manufacturer e-waste program shall not be subject to damages, liability, or scrutiny under federal antitrust law or the Illinois Antitrust Act. Makes corresponding changes in the Illinois Antitrust Act. Adds provisions concerning the allocation of financial responsibility for manufacturers participating in a manufacturer clearinghouse. Contains provisions requiring the Environmental Protection Agency to calculate the responsibility of participating manufacturers using a specified formula. Repeals provisions concerning the allocation of financial responsibilities among manufacturers and abolishes the Advisory Financial Responsibility Allocation Task Force. Adds provisions concerning manufacturer clearinghouses. Makes changes to provisions concerning the information that must be included on a manufacturer registration form. Makes other changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced) 2018-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB4128 Detail]

Download: Illinois-2017-HB4128-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4128

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:
415 ILCS 151/1-3 new
415 ILCS 151/1-5
415 ILCS 151/1-10
415 ILCS 151/1-25
415 ILCS 151/1-30
415 ILCS 151/1-33 new
415 ILCS 151/1-84.5 new
415 ILCS 151/1-87 new
415 ILCS 151/1-84 rep.
740 ILCS 10/5 from Ch. 38, par. 60-5

Amends the Consumer Electronics Recycling Act. Provides that a manufacturer or manufacturer clearinghouse acting in accordance with the Act when engaged in activities related to a manufacturer e-waste program shall not be subject to damages, liability, or scrutiny under federal antitrust law or the Illinois Antitrust Act. Makes corresponding changes in the Illinois Antitrust Act. Adds provisions concerning the allocation of financial responsibility for manufacturers participating in a manufacturer clearinghouse. Contains provisions requiring the Environmental Protection Agency to calculate the responsibility of participating manufacturers using a specified formula. Repeals provisions concerning the allocation of financial responsibilities among manufacturers and abolishes the Advisory Financial Responsibility Allocation Task Force. Adds provisions concerning manufacturer clearinghouses. Makes changes to provisions concerning the information that must be included on a manufacturer registration form. Makes other changes. Effective immediately.
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A BILL FOR

HB4128LRB100 15275 MJP 30195 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Consumer Electronics Recycling Act is
5amended by changing Sections 1-5, 1-10, 1-25, and 1-30 and by
6adding Sections 1-3, 1-33, 1-84.5, and 1-87 as follows:
7 (415 ILCS 151/1-3 new)
8 Sec. 1-3. Findings; purpose.
9 (a) The General Assembly finds all of the following:
10 (1) Many older and obsolete consumer electronic
11 products contain materials which may pose environmental
12 and health risks that should be managed.
13 (2) Consumer electronic products contain metals,
14 plastics, glass, and other potentially valuable materials.
15 The reuse and recycling of these materials can conserve
16 natural resources and energy.
17 (3) The recycling and reuse of the covered electronic
18 devices defined under this Act falls within the State of
19 Illinois' interest in the proper management of such
20 products.
21 (4) Illinois counties and municipalities may face
22 significant cost burdens in collecting and processing
23 obsolete electronic products for reuse and recycling.

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1 (5) Manufacturers of electronic products should share
2 responsibility for the proper management of obsolete
3 consumer electronic products.
4 (6) Illinois counties and municipalities, and the
5 citizens of Illinois, will benefit from the implementation
6 of a program or programs for the proper management of
7 obsolete consumer electronic products operated by
8 manufacturers that are actively overseen by the State.
9 (7) It is the intent of the State to allow
10 manufacturers to coordinate their activities and programs
11 related to the proper management of obsolete covered
12 electronic devices as defined under this Act under strict
13 State supervision regardless of the effect the
14 manufacturers' actions or such coordination will have on
15 competition.
16 (8) It is in the best interest of the State to promote
17 the coordination of manufacturer activities and programs
18 related to the proper management of obsolete covered
19 electronic devices through participation in a manufacturer
20 clearinghouse as set forth in the Act.
21 (b) The purpose of this Act is to further the interest of
22the State of Illinois in the proper management of obsolete
23consumer electronic products by setting forth procedures by
24which the recycling and processing for reuse of covered
25electronic devices will be accomplished by manufacturers for
26those counties and municipalities that wish to opt-in to

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1electronic product manufacturer-run recycling and processing
2programs that are approved and overseen by the State of
3Illinois.
4 (415 ILCS 151/1-5)
5 (Section scheduled to be repealed on December 31, 2026)
6 Sec. 1-5. Definitions. As used in this Act:
7 "Agency" means the Illinois Environmental Protection
8Agency.
9 "Best practices" means standards for collecting and
10preparing items for shipment and recycling. "Best practices"
11may include standards for packaging for transport, load size,
12acceptable load contamination levels, non-CED items included
13in a load, and other standards as determined under Section 1-85
14of this Act. "Best practices" shall consider the desired intent
15to preserve existing collection programs and relationships
16when possible.
17 "Collector" means a person who collects residential CEDs at
18any program collection site or one-day collection event and
19prepares them for transport.
20 "Computer", often referred to as a "personal computer" or
21"PC", means a desktop or notebook computer as further defined
22below and used only in a residence, but does not mean an
23automated typewriter, electronic printer, mobile telephone,
24portable hand-held calculator, portable digital assistant
25(PDA), MP3 player, or other similar device. "Computer" does not

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

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

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1 a touch screen and video display screen greater than 6
2 inches in size (all of which are contained within the unit
3 that comprises the tablet computer). Tablet computers may
4 use an external or internal power source. "Tablet computer"
5 does not include a portable hand-held calculator, a
6 portable digital assistant, or a similar specialized
7 device.
8 "Computer monitor" means an electronic device that is a
9cathode-ray tube or flat panel display primarily intended to
10display information from a computer and is used only in a
11residence.
12 "County recycling coordinator" means the individual who is
13designated as the recycling coordinator for a county in a waste
14management plan developed pursuant to the Solid Waste Planning
15and Recycling Act.
16 "Covered electronic device" or "CED" means any computer,
17computer monitor, television, printer, electronic keyboard,
18facsimile machine, videocassette recorder, portable digital
19music player that has memory capability and is battery powered,
20digital video disc player, video game console, electronic
21mouse, scanner, digital converter box, cable receiver,
22satellite receiver, digital video disc recorder, or
23small-scale server sold at retail. "Covered electronic device"
24does not include any of the following:
25 (1) an electronic device that is a part of a motor
26 vehicle or any component part of a motor vehicle assembled

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1 by or for a vehicle manufacturer or franchised dealer,
2 including replacement parts for use in a motor vehicle;
3 (2) an electronic device that is functionally or
4 physically part of a larger piece of equipment or that is
5 taken out of service from an industrial, commercial
6 (including retail), library checkout, traffic control,
7 kiosk, security (other than household security),
8 governmental, agricultural, or medical setting, including
9 but not limited to diagnostic, monitoring, or control
10 equipment; or
11 (3) an electronic device that is contained within a
12 clothes washer, clothes dryer, refrigerator, refrigerator
13 and freezer, microwave oven, conventional oven or range,
14 dishwasher, room air conditioner, dehumidifier, water
15 pump, sump pump, or air purifier. To the extent allowed
16 under federal and State laws and regulations, a CED that is
17 being collected, recycled, or processed for reuse is not
18 considered to be hazardous waste, household waste, solid
19 waste, or special waste.
20 "Covered electronic device category" or "CED category"
21means each of the following 8 categories of residential CEDs:
22 (1) computers and small-scale servers;
23 (2) computer monitors;
24 (3) televisions;
25 (4) printers, facsimile machines, and scanners;
26 (5) digital video disc players, digital video disc

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1 recorders, and videocassette recorders;
2 (6) video game consoles;
3 (7) digital converter boxes, cable receivers, and
4 satellite receivers; and
5 (8) electronic keyboards, electronic mice, and
6 portable digital music players that have memory capability
7 and are battery powered.
8 "Manufacturer" means a person, or a successor in interest
9to a person, under whose brand or label a CED is or was sold at
10retail. For any CED sold at retail under a brand or label that
11is licensed from a person who is a mere brand owner and who
12does not sell or produce a CED, the person who produced the CED
13or his or her successor in interest is the manufacturer. For
14any CED sold at retail under the brand or label of both the
15retail seller and the person that produced the CED, the person
16that produced the CED, or his or her successor in interest, is
17the manufacturer.
18 "Manufacturer clearinghouse" means an entity that prepares
19and submits a manufacturer e-waste program plan to the Agency,
20and oversees the manufacturer e-waste program, on behalf of a
21group of 2 or more manufacturers that collectively establish
22and operate an e-waste program for the purpose of complying
23with this Act and that collectively represent , representing at
24least 50% of the manufacturers' total obligations under this
25Act for a program year, that are cooperating with one another
26to collectively establish and operate an e-waste program for

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1the purpose of complying with this Act.
2 "Manufacturer e-waste program" means any program
3established, financed, and operated by a manufacturer,
4individually or collectively as part of a manufacturer
5clearinghouse, to transport and subsequently recycle, in
6accordance with the requirements of this Act, residential CEDs
7collected at program collection sites and one-day collection
8events.
9 "Municipal joint action agency" means a municipal joint
10action agency created under Section 3.2 of the
11Intergovernmental Cooperation Act.
12 "One-day collection event" means a one-day event used as a
13substitute for a program collection site pursuant to Section
141-15 of this Act.
15 "Person" means an individual, partnership, co-partnership,
16firm, company, limited liability company, corporation,
17association, joint stock company, trust, estate, political
18subdivision, State agency, or any other legal entity; or a
19legal representative, agent, or assign of that entity. "Person"
20includes a unit of local government.
21 "Printer" means desktop printers, multifunction printer
22copiers, and printer/fax combinations taken out of service from
23a residence that are designed to reside on a work surface, and
24include various print technologies, including without
25limitation laser and LED (electrographic), ink jet, dot matrix,
26thermal, and digital sublimation, and "multi-function" or

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1"all-in-one" devices that perform different tasks, including
2without limitation copying, scanning, faxing, and printing.
3Printers do not include floor-standing printers, printers with
4optional floor stand, point of sale (POS) receipt printers,
5household printers such as a calculator with printing
6capabilities or label makers, or non-stand-alone printers that
7are embedded into products that are not CEDs.
8 "Program collection site" means a physical location that is
9included in a manufacturer e-waste program and at which
10residential CEDs are collected and prepared for transport by a
11collector during a program year in accordance with the
12requirements of this Act. Except as otherwise provided in this
13Act, "program collection site" does not include a retail
14collection site.
15 "Program year" means a calendar year. The first program
16year is 2019.
17 "Recycler" means any person who transports or subsequently
18recycles residential CEDs that have been collected and prepared
19for transport by a collector at any program collection site or
20one-day collection event.
21 "Recycling" has the meaning provided under Section 3.380 of
22the Environmental Protection Act. "Recycling" includes any
23process by which residential CEDs that would otherwise be
24disposed of or discarded are collected, separated, or processed
25and returned to the economic mainstream in the form of raw
26materials or products.

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1 "Residence" means a dwelling place or home in which one or
2more individuals live.
3 "Residential covered electronic device" or "residential
4CED" means any covered electronic device taken out of service
5from a residence in the State.
6 "Retail collection site" means a private sector collection
7site operated by a retailer collecting on behalf of a
8manufacturer.
9 "Retailer" means a person who first sells, through a sales
10outlet, catalogue, or the Internet, a covered electronic device
11at retail to an individual for residential use or any permanent
12establishment primarily where merchandise is displayed, held,
13stored, or offered for sale to the public.
14 "Sale" means any retail transfer of title for consideration
15of title including, but not limited to, transactions conducted
16through sales outlets, catalogs, or the Internet or any other
17similar electronic means. "Sale" does not include financing or
18leasing.
19 "Small-scale server" means a computer that typically uses
20desktop components in a desktop form designed primarily to
21serve as a storage host for other computers. To be considered a
22small-scale server, a computer must: be designed in a pedestal,
23tower, or other form that is similar to that of a desktop
24computer so that all data processing, storage, and network
25interfacing is contained within one box or product; be designed
26to be operational 24 hours per day and 7 days per week; have

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1very little unscheduled downtime, such as on the order of hours
2per year; be capable of operating in a simultaneous multi-user
3environment serving several users through networked client
4units; and be designed for an industry-accepted operating
5system for home or low-end server applications.
6 "Television" means an electronic device that contains a
7cathode-ray tube or flat panel screen the size of which is
8greater than 4 inches when measured diagonally and is intended
9to receive video programming via broadcast, cable, satellite,
10Internet, or other mode of video transmission or to receive
11video from surveillance or other similar cameras.
12(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
13 (415 ILCS 151/1-10)
14 (Section scheduled to be repealed on December 31, 2026)
15 Sec. 1-10. Manufacturer e-waste program.
16 (a) For program year 2019 and each program year thereafter,
17each manufacturer shall, individually or collectively as part
18of a manufacturer clearinghouse, provide a manufacturer
19e-waste program to transport and subsequently recycle, in
20accordance with the requirements of this Act, residential CEDs
21collected at, and prepared for transport from, the program
22collection sites and one-day collection events included in the
23program during the program year.
24 (b) Each manufacturer e-waste program must include, at a
25minimum, the following:

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

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1available on its website by December 1, 2017, and the program
2shall provide to the Agency a hyperlink to the website for
3posting on the Agency's website.
4 (d) Nothing in this Act shall prevent a manufacturer from
5accepting, through a manufacturer e-waste program, residential
6CEDs collected through a curbside collection program that is
7operated pursuant to an agreement between a third party and a
8unit of local government located within a county or municipal
9joint action agency that has elected to participate in a
10manufacturer e-waste program.
11(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
12 (415 ILCS 151/1-25)
13 (Section scheduled to be repealed on December 31, 2026)
14 Sec. 1-25. Manufacturer e-waste program plans.
15 (a) By July 1, 2018, and by July 1 of each year thereafter
16for the upcoming program year, beginning with program year
172019, each manufacturer shall, individually or through as a
18manufacturer clearinghouse, submit to the Agency a
19manufacturer e-waste program plan, which includes, at a
20minimum, the following:
21 (1) the contact information for the individual who will
22 serve as the point of contact for the manufacturer e-waste
23 program;
24 (2) the identity of each county that has elected to
25 participate in the manufacturer e-waste program during the

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1 program year;
2 (3) for each county, the location of each program
3 collection site and one-day collection event included in
4 the manufacturer e-waste program for the program year;
5 (4) the collector operating each program collection
6 site and one-day collection event included in the
7 manufacturer e-waste program for the program year;
8 (5) the recyclers that manufacturers plan to use during
9 the program year to transport and subsequently recycle
10 residential CEDs under the program, with the updated list
11 of recyclers to be provided to the Agency no later than
12 December 1 preceding each program year; and
13 (6) an explanation of any deviation by the program from
14 the standard program collection site distribution set
15 forth in subsection (a) of Section 1-15 of this Act for the
16 program year, along with copies of all written agreements
17 made pursuant to paragraphs (1) or (2) of subsection (b) of
18 Section 1-15 for the program year; and
19 (7) if a group of 2 or more manufacturers are
20 participating in a manufacturer clearinghouse,
21 certification that the methodology used for allocating
22 responsibility for the transportation and recycling of
23 residential CEDs by manufacturers participating in the
24 manufacturer clearinghouse for the program year will be in
25 compliance with the allocation methodology established
26 under Section 1-84.5 of this Act.

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1 (b) Within 60 days after receiving a manufacturer e-waste
2program plan, the Agency shall review the plan and approve the
3plan or disapprove the plan.
4 (1) If the Agency determines that the program
5 collection sites and one-day collection events specified
6 in the plan will satisfy the convenience standard set forth
7 in Section 1-15 of this Act, then the Agency shall approve
8 the manufacturer e-waste program plan and provide written
9 notification of the approval to the individual who serves
10 as the point of contact for the manufacturer. The Agency
11 shall make the approved plan available on the Agency's
12 website.
13 (2) If the Agency determines the plan will not satisfy
14 the convenience standard set forth in Section 1-15 of this
15 Act, then the Agency shall disapprove the manufacturer
16 e-waste program plan and provide written notification of
17 the disapproval and the reasons for the disapproval to the
18 individual who serves as the point of contact for the
19 manufacturer. Within 30 days after the date of disapproval,
20 the manufacturer shall submit a revised manufacturer
21 e-waste program plan that addresses the deficiencies noted
22 in the Agency's disapproval.
23 (c) Manufacturers shall assume financial responsibility
24for carrying out their e-waste program plans, including, but
25not limited to, financial responsibility for providing the
26packaging materials necessary to prepare shipments of

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1collected residential CEDs in compliance with subsection (e) of
2Section 1-45, as well as financial responsibility for bulk
3transportation and recycling of collected residential CEDs.
4(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
5 (415 ILCS 151/1-30)
6 (Section scheduled to be repealed on December 31, 2026)
7 Sec. 1-30. Manufacturer registration.
8 (a) By April 1, 2018, and by April 1 of each year
9thereafter for the upcoming program year, beginning with
10program year 2019, each manufacturer who sells CEDs in the
11State must register with the Agency by: (i) submitting to the
12Agency a $5,000 registration fee; and (ii) completing and
13submitting to the Agency the registration form prescribed by
14the Agency. Information on the registration form shall include,
15without limitation, all of the following:
16 (1) a list of all of the brands and labels under which
17 the manufacturer's CEDs are sold or offered for sale in the
18 State; and
19 (2) the total weights, by CED category, of residential
20 CEDs sold in the United States to individuals during the
21 calendar year or 2 years before the applicable program year
22 or offered for sale under any of the manufacturer's brands
23 or labels in the United States during the calendar year
24 immediately preceding the applicable program year.
25 If, during a program year, any of the manufacturer's CEDs

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1are sold or offered for sale in the State under a brand that is
2not listed in the manufacturer's registration, then, within 30
3days after the first sale or offer for sale under that brand,
4the manufacturer must amend its registration to add the brand.
5All registration fees collected by the Agency pursuant to this
6Section shall be deposited into the Solid Waste Management
7Fund.
8 (b) The Agency shall post on its website a list of all
9registered manufacturers.
10 (c) Beginning in program year 2019, a manufacturer whose
11CEDs are sold or offered for sale in this State for the first
12time on or after April 1 of a program year must register with
13the Agency within 30 days after the date the CEDs are first
14sold or offered for sale in the State.
15 (d) Beginning in program year 2019, manufacturers shall
16ensure that only recyclers that have registered with the Agency
17and meet the recycler standards set forth in Section 1-40 are
18used to transport or recycle residential CEDs collected at any
19program collection site or one-day collection event.
20 (e) Beginning in program year 2019, no manufacturer may
21sell or offer for sale a CED in this State unless the
22manufacturer is registered and operates a manufacturer program
23either individually or as part of the manufacturer
24clearinghouse as required in this Act.
25 (f) Beginning in program year 2019, no manufacturer may
26sell or offer for sale a CED in this State unless the

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1manufacturer's brand name is permanently affixed to, and is
2readily visible on, the CED.
3 (g) In accordance with a contract or agreement with a
4county, municipality, or municipal joint action agency that has
5elected to participate in a manufacturer e-waste program under
6this Act, manufacturers may, either individually or through the
7manufacturer clearinghouse, audit program collection sites and
8proposed program collection sites for compliance with the terms
9and conditions of the contract or agreement. Audits shall be
10conducted during normal business hours, and a manufacturer or
11its designee shall provide reasonable notice to the collection
12site in advance of the audit. Audits of all program collection
13sites may include, among other things, physical site location
14visits and inspections and review of processes, procedures,
15technical systems, reports, and documentation reasonably
16related to the collecting, sorting, packaging, and recycling of
17residential CEDs in compliance with this Act.
18 (h) Nothing in this Act shall require a manufacturer or
19manufacturer e-waste program to collect, transport, or recycle
20any CEDs other than residential CEDs, or to accept for
21transport or recycling any pallet or bulk container of
22residential CEDs that has not been prepared by the collector
23for shipment in accordance with subsection (e) of Section 1-45.
24(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
25 (415 ILCS 151/1-33 new)

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1 Sec. 1-33. Manufacturer clearinghouse.
2 (a) A manufacturer e-waste program plan submitted by a
3manufacturer clearinghouse may take into account and
4incorporate individual plans or operations of one or more
5manufacturers that are participating in the manufacturer
6clearinghouse.
7 (b) If a manufacturer clearinghouse allocates
8responsibility to manufacturers for manufacturers'
9transportation and recycling of residential CEDs during a
10program year as part of a manufacturer e-waste program plan,
11then the manufacturer clearinghouse shall identify the
12allocation methodology in its plan submission to the Agency
13pursuant to Section 1-25 of this Act for review and approval.
14Any allocation of responsibility among manufacturers for the
15collection of covered electronic devices shall be in accordance
16with the allocation methodology established pursuant to
17Section 1-84.5 of this Act.
18 (c) A manufacturer clearinghouse shall have no authority to
19enforce manufacturer compliance with the requirements of this
20Act, including compliance with the allocation methodology set
21forth in a manufacturer e-waste program plan, but shall, upon
22prior notice to the manufacturer, refer any potential
23non-compliance to the Agency. A manufacturer clearinghouse may
24develop and implement policies and procedures that exclude from
25participation in the manufacturer clearinghouse any
26manufacturers found by the Illinois Pollution Control Board or

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1a court of competent jurisdiction to have failed to comply with
2this Act.
3 (415 ILCS 151/1-84.5 new)
4 Sec. 1-84.5. Manufacturer clearinghouse; allocation of
5financial responsibility.
6 (a) As used in this Section, unless the context otherwise
7requires:
8 "Adjusted total proportional responsibility" means the
9percentage calculated for each participating manufacturer for
10a program year under subsection (f) of this Section.
11 "Market share" means the percentage that results from
12dividing:
13 (1) the product of the total weight reported for a CED
14 category by a manufacturer, for the calendar year 2 years
15 before the applicable program year, under paragraph (2) of
16 subsection (a) of Section 1-30 of this Act, multiplied by
17 the population adjustment factor for that year; by
18 (2) the product of the total weight reported for that
19 CED category by all manufacturers, for the calendar year 2
20 years before the applicable program year, under paragraph
21 (2) of subsection (a) of Section 1-30 of this Act,
22 multiplied by the population adjustment factor for that
23 year.
24 "Participating manufacturer" means a manufacturer that a
25manufacturer clearinghouse has listed, pursuant to subsection

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1(c) of this Section, as a participant in the manufacturer
2clearinghouse for a program year.
3 "Population adjustment factor" means the percentage that
4results when (i) the population of Illinois, as reported in the
5most recent federal decennial census, is divided by (ii) the
6population of the United States, as reported in the most recent
7federal decennial census.
8 "Return share" means the percentage, by weight, of each CED
9category that is returned to the program collection sites and
10one-day collection events operated by or on behalf of either a
11manufacturer clearinghouse or one or more of its participating
12manufacturers during the calendar year 2 years before the
13applicable program year, as reported to the Agency under
14Section 1-10 of this Act; except that, for program year 2019
15and program year 2020, "return share" means the percentage, by
16weight, of each CED category that is estimated by the
17manufacturer clearinghouse to be returned to those sites and
18events during the applicable program year, as reported to the
19Agency under subsection (b) of this Section.
20 "Unadjusted total proportional responsibility" means the
21percentage calculated for each participating manufacturer
22under subsection (e) of this Section.
23 (b) By March 1, 2018, each manufacturer clearinghouse shall
24provide the Agency with a statement of the return share for
25each CED category for program year 2019, and by March 1, 2019,
26each manufacturer clearinghouse shall provide the Agency with a

HB4128- 23 -LRB100 15275 MJP 30195 b
1statement of the return share for each CED category for program
2year 2020.
3 (c) If a manufacturer clearinghouse submits to the Agency a
4manufacturer e-waste program plan under Section 1-25 of this
5Act, then the manufacturer clearinghouse shall include in the
6plan a list of manufacturers that have agreed to participate in
7the manufacturer clearinghouse for the upcoming program year.
8 (d) By November 1, 2018, and each November 1 thereafter,
9the Agency shall provide each manufacturer clearinghouse with a
10statement of the unadjusted total proportional responsibility
11and adjusted total proportional responsibility of each of its
12participating manufacturers for the upcoming program year.
13 (e) For each program year, the Agency shall calculate the
14unadjusted total proportional responsibility of each
15participating manufacturer as follows:
16 (1) For each CED category, the Agency shall multiply
17 (i) the participating manufacturer's market share for the
18 CED category by (ii) the return share for the CED category,
19 to arrive at the category-specific proportional
20 responsibility of the participating manufacturer for the
21 CED category.
22 (2) The Agency shall then, for each participating
23 manufacturer, sum the category-specific proportional
24 responsibilities of the participating manufacturer
25 calculated under paragraph (1), to arrive at the
26 participating manufacturer's unadjusted total proportional

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1 responsibility.
2 (f) If the sum of all unadjusted total proportional
3responsibilities of a manufacturer clearinghouse's
4participating manufacturers for a program year accounts for
5less than 100% of the return share for that year, then the
6Agency shall divide the unallocated return share among
7participating manufacturers in proportion to their unadjusted
8total proportional responsibilities, to arrive at the adjusted
9total proportional responsibility for each participating
10manufacturer.
11 (415 ILCS 151/1-87 new)
12 Sec. 1-87. Antitrust. A manufacturer or manufacturer
13clearinghouse acting in accordance with the provisions of this
14Act may negotiate, enter into contracts with, or conduct
15business with each other and with any other entity developing,
16implementing, operating, participating in, or performing any
17other activities related to a manufacturer e-waste program
18approved pursuant to this Act, and the manufacturer,
19manufacturer clearinghouse, and any entity developing,
20implementing, operating, participating in, or performing any
21other activities related to a manufacturer e-waste program
22approved pursuant to this Act are not subject to damages,
23liability, or scrutiny under federal antitrust law or the
24Illinois Antitrust Act, regardless of the effects of their
25actions on competition. The supervisory activities described

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1in this Act are sufficient to confirm that activities of the
2manufacturers, manufacturer clearinghouse, and any entity
3developing, implementing, operating, participating in, or
4performing any other activities related to a manufacturer
5e-waste program that is approved pursuant to Section 1-25 are
6authorized and actively supervised by the State.
7 (415 ILCS 151/1-84 rep.)
8 Section 10. The Consumer Electronics Recycling Act is
9amended by repealing Section 1-84.
10 Section 15. The Illinois Antitrust Act is amended by
11changing Section 5 as follows:
12 (740 ILCS 10/5) (from Ch. 38, par. 60-5)
13 Sec. 5. No provisions of this Act shall be construed to
14make illegal:
15 (1) the activities of any labor organization or of
16 individual members thereof which are directed solely to
17 labor objectives which are legitimate under the laws of
18 either the State of Illinois or the United States;
19 (2) the activities of any agricultural or
20 horticultural cooperative organization, whether
21 incorporated or unincorporated, or of individual members
22 thereof, which are directed solely to objectives of such
23 cooperative organizations which are legitimate under the

HB4128- 26 -LRB100 15275 MJP 30195 b
1 laws of either the State of Illinois or the United States;
2 (3) the activities of any public utility, as defined in
3 Section 3-105 of the Public Utilities Act to the extent
4 that such activities are subject to a clearly articulated
5 and affirmatively expressed State policy to replace
6 competition with regulation, where the conduct to be
7 exempted is actively supervised by the State itself;
8 (4) The activities of a telecommunications carrier, as
9 defined in Section 13-202 of the Public Utilities Act, to
10 the extent those activities relate to the provision of
11 noncompetitive telecommunications services under the
12 Public Utilities Act and are subject to the jurisdiction of
13 the Illinois Commerce Commission or to the activities of
14 telephone mutual concerns referred to in Section 13-202 of
15 the Public Utilities Act to the extent those activities
16 relate to the provision and maintenance of telephone
17 service to owners and customers;
18 (5) the activities (including, but not limited to, the
19 making of or participating in joint underwriting or joint
20 reinsurance arrangement) of any insurer, insurance agent,
21 insurance broker, independent insurance adjuster or rating
22 organization to the extent that such activities are subject
23 to regulation by the Director of Insurance of this State
24 under, or are permitted or are authorized by, the Insurance
25 Code or any other law of this State;
26 (6) the religious and charitable activities of any

HB4128- 27 -LRB100 15275 MJP 30195 b
1 not-for-profit corporation, trust or organization
2 established exclusively for religious or charitable
3 purposes, or for both purposes;
4 (7) the activities of any not-for-profit corporation
5 organized to provide telephone service on a mutual or
6 co-operative basis or electrification on a co-operative
7 basis, to the extent such activities relate to the
8 marketing and distribution of telephone or electrical
9 service to owners and customers;
10 (8) the activities engaged in by securities dealers who
11 are (i) licensed by the State of Illinois or (ii) members
12 of the National Association of Securities Dealers or (iii)
13 members of any National Securities Exchange registered
14 with the Securities and Exchange Commission under the
15 Securities Exchange Act of 1934, as amended, in the course
16 of their business of offering, selling, buying and selling,
17 or otherwise trading in or underwriting securities, as
18 agent, broker, or principal, and activities of any National
19 Securities Exchange so registered, including the
20 establishment of commission rates and schedules of
21 charges;
22 (9) the activities of any board of trade designated as
23 a "contract market" by the Secretary of Agriculture of the
24 United States pursuant to Section 5 of the Commodity
25 Exchange Act, as amended;
26 (10) the activities of any motor carrier, rail carrier,

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1 or common carrier by pipeline, as defined in the Common
2 Carrier by Pipeline Law of the Public Utilities Act, to the
3 extent that such activities are permitted or authorized by
4 the Act or are subject to regulation by the Illinois
5 Commerce Commission;
6 (11) the activities of any state or national bank to
7 the extent that such activities are regulated or supervised
8 by officers of the state or federal government under the
9 banking laws of this State or the United States;
10 (12) the activities of any state or federal savings and
11 loan association to the extent that such activities are
12 regulated or supervised by officers of the state or federal
13 government under the savings and loan laws of this State or
14 the United States;
15 (13) the activities of any bona fide not-for-profit
16 association, society or board, of attorneys, practitioners
17 of medicine, architects, engineers, land surveyors or real
18 estate brokers licensed and regulated by an agency of the
19 State of Illinois, in recommending schedules of suggested
20 fees, rates or commissions for use solely as guidelines in
21 determining charges for professional and technical
22 services;
23 (14) Conduct involving trade or commerce (other than
24 import trade or import commerce) with foreign nations
25 unless:
26 (a) such conduct has a direct, substantial, and

HB4128- 29 -LRB100 15275 MJP 30195 b
1 reasonably foreseeable effect:
2 (i) on trade or commerce which is not trade or
3 commerce with foreign nations, or on import trade
4 or import commerce with foreign nations; or
5 (ii) on export trade or export commerce with
6 foreign nations of a person engaged in such trade
7 or commerce in the United States; and
8 (b) such effect gives rise to a claim under the
9 provisions of this Act, other than this subsection
10 (14).
11 (c) If this Act applies to conduct referred to in
12 this subsection (14) only because of the provisions of
13 paragraph (a)(ii), then this Act shall apply to such
14 conduct only for injury to export business in the
15 United States which affects this State; or
16 (15) the activities of a unit of local government or
17 school district and the activities of the employees, agents
18 and officers of a unit of local government or school
19 district; or
20 (16) the activities of a manufacturer, manufacturer
21 clearinghouse, or any entity developing, implementing,
22 operating, participating in, or performing any other
23 activities related to a manufacturer e-waste program
24 approved pursuant to the Consumer Electronics Recycling
25 Act, to the extent that such activities are permitted or
26 authorized by this Act or are subject to regulation by the

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1 Consumer Electronics Recycling Act and are subject to the
2 jurisdiction of and regulation by the Illinois Pollution
3 Control Board or the Illinois Environmental Protection
4 Agency.
5(Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97.)
6 Section 99. Effective date. This Act takes effect upon
7becoming law.
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