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| Public Act 098-0714
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| HB4227 Enrolled | LRB098 16154 MGM 51211 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Electronic Products Recycling and Reuse Act |
is amended by changing Sections 20, 30, and 55 as follows:
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(415 ILCS 150/20)
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Sec. 20. Agency responsibilities. |
(a) The Agency has the authority to monitor compliance with |
this Act, enforce violations of the Act by administrative |
citation, and refer violations of this Act to the Attorney |
General. |
(b) No later than October 1 of each program year, the |
Agency shall post on its website a list of underserved counties |
in the State for the next program year. The list of underserved |
counties for program years 2010 and 2011 is set forth in |
subsection (a) of Section 60. |
(c) From July 1, 2009 until December 31, 2015, the Agency |
shall implement a county and municipal government education |
campaign to inform those entities about this Act and the |
implications on solid waste collection in their localities. |
(c-5) No later than February 1, 2012 and every February 1 |
thereafter, the Agency shall use a portion of the manufacturer, |
recycler, and refurbisher registration fees to provide a $2,000 |
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grant to the recycling coordinator in each county of the State |
in order to inform residents in each county about this Act and |
opportunities to recycle CEDs and EEDs. The recycling |
coordinator shall expend the $2,000 grant before December 31 of |
the program year in which the grant is received. The recycling |
coordinator shall maintain records that document the use of the |
grant funds. |
(c-10) By June 15, 2012 and by December 15, 2012, and by |
every June 15 and December 15 thereafter through December 15, |
2015, the Agency shall meet with associations that represent |
Illinois retail merchants twice each year to discuss compliance |
with Section 40. |
(c-15) By December 15, 2012 and each December 15 |
thereafter, the Agency shall post on its website: (i) the |
mailing address of each collection site at which collectors |
collected CEDs and EEDs during the program year and (ii) the |
amount in pounds of total CEDs and total EEDs each CED |
collected at the collection site during the program year. |
(d) By July 1, 2011 for the first program year, and by May |
15 for all subsequent program years, the Agency shall report to |
the Governor and to the General Assembly annually on the |
previous program year's performance. The report must be posted |
on the Agency's website. The report must include, but not be |
limited to, the following: |
(1) the total overall weight of CEDs, as well as the |
sub-total weight of computers, the sub-total weight of |
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computer monitors, the sub-total weight of printers, the |
sub-total weight of televisions, and the total weight of |
EEDs that were recycled or processed for reuse in the State |
during the program year, as reported by manufacturers and |
collectors under Sections 30 and 55; |
(2) a listing of all collection sites, as set forth |
under subsection (a) of Section 55, and the addresses of |
those sites; |
(3) a statement showing, for the preceding program |
year, (i) the total weight of CEDs and EEDs collected, |
recycled, and processed for reuse by the manufacturers |
pursuant to Section 30, (ii) the total weight of CEDs |
processed for reuse by the manufacturers, and (iii) the |
total weight of CEDs collected by the collectors; |
(4) a listing of all entities or persons to whom the |
Agency issued an administrative citation or with respect to |
which the Agency made a referral for enforcement to the |
Attorney General's Office as a result of a violation of |
this Act; |
(5) a discussion of the Agency's education and outreach |
activities as set forth in subsection (c) of this Section; |
and |
(6) a discussion of the penalties, if any, incurred by |
manufacturers for failure to achieve recycling goals, and a |
recommendation to the General Assembly of any necessary or |
appropriate changes to the manufacturers' recycling goals |
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or penalty provisions included in this Act. |
(e) The Agency shall post on its website: (1) a list of |
manufacturers that have paid the current year's registration |
fee as set forth in subsection (b) of Section 30; (2) a list of |
manufacturers that failed to pay the current year's |
registration fee as set forth in subsection (b) of Section 30; |
and (3) a list of registered collectors, the addresses of their |
collection sites, their business telephone numbers, and a link |
to their websites. |
(f) In program years 2012, 2013, and 2014, and at its |
discretion thereafter, the Agency shall convene and host an |
Electronic Products Recycling Conference. The Agency may host |
the conferences alone or with other public entities or with |
organizations associated with electronic products recycling. |
(g) No later than October 1 of each program year, the |
Agency must post on its website the following information for |
the next program year: (i) the individual recycling and reuse |
goals for each manufacturer, as set forth in subsections (c) |
and (c-5) of Section 15, as applicable, and (ii) the total |
statewide recycling goal, determined by adding each individual |
manufacturer's annual goal. |
(h) By April 1, 2011, and by April 1 of all subsequent |
years, the Agency shall award those manufacturers that have met |
or exceeded their recycling or reuse goals for the previous |
program year with an Electronic Industry Recycling Award. The |
award shall acknowledge that the manufacturer has met or |
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exceeded its recycling goals and shall be posted on the Agency |
website and in other media as appropriate. |
(i) By March 1, 2011, and by March 1 of each subsequent |
year, the Agency shall post on its website a list of registered |
manufacturers that have not met their annual recycling and |
reuse goal for the previous program year.
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(j) By July 1, 2015, the Agency shall solicit written |
comments regarding all aspects of the program codified in this |
Act, for the purpose of determining if the program requires any |
modifications. |
(1) Issues to be reviewed by the Agency are, but not |
limited to, the following: |
(A) Sufficiency of the annual statewide recycling |
goals. |
(B) Fairness of the formulas used to determine |
individual manufacturer goals. |
(C) Adequacy of, or the need for, continuation of |
the credits outlined in Section 30(d)(1) through (3). |
(D) Any temporary rescissions of county landfill |
bans granted by the Illinois Pollution Control Board |
pursuant to Section 95(e). |
(E) Adequacy of, or the need for, the penalties |
listed in Section 80 of this Act, which are scheduled |
to take effect on January 1, 2013. |
(F) Adequacy of the collection systems that have |
been implemented as a result of this Act, with a |
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particular focus on promoting the most cost-effective |
and convenient collection system possible for Illinois |
residents. |
(2) By July 1, 2015, the Agency shall complete its |
review of the written comments received, as well as its own |
reports on the preceding program years. By August 1, 2015, |
the Agency shall hold a public hearing to present its |
findings and solicit additional comments. All additional |
comments shall be submitted to the Agency in writing no |
later than October 1, 2015. |
(3) The Agency's final report, which shall be issued no |
later than February 1, 2016, shall be submitted to the |
Governor and the General Assembly and shall include |
specific recommendations for any necessary or appropriate |
modifications to the program.
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(k) Any violation of this Act shall be enforceable by |
administrative citation. Whenever the Agency personnel or |
county personnel to whom the Agency has delegated the authority |
to monitor compliance with this Act shall, on the basis of |
direct observation, determine that any person has violated any |
provision of this Act, the Agency or county personnel may issue |
and serve, within 60 days after the observed violation, an |
administrative citation upon that person or the entity |
employing 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: |
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(1) a statement specifying the provisions of this Act |
that the person or the entity employing the person has |
violated; |
(2) a copy of the inspection report in which the Agency |
or local government recorded the violation and the date and |
time of the inspection; |
(3) the penalty imposed under Section 80; and |
(4) an affidavit by the personnel observing the |
violation, attesting to their material actions and |
observations. |
(l) 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, 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 Section |
80. |
(m) If a petition for review is filed with the Board to |
contest an administrative citation issued under this Section, |
the Agency or unit of local government shall appear as a |
complainant at a hearing before the Board to be conducted |
pursuant to subsection (n) 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 or unit of local government and the person |
named in the citation. In those hearings, the burden of proof |
shall be on the Agency or unit of local government. If, based |
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on the record, the Board finds that the alleged violation |
occurred, it 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 Section |
80 of this Act. However, if the Board finds that the person |
appealing the citation has shown that the violation resulted |
from uncontrollable circumstances, the Board shall adopt a |
final order that makes no finding of violation and imposes no |
penalty. |
(n) All hearings under this Act 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 |
subsection 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. |
(o) Counties that have entered into a delegation agreement |
with the Agency pursuant to subsection (r) of Section 4 of the |
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Illinois Environmental Protection Act for the purpose of |
conducting inspection, investigation, or enforcement-related |
functions may conduct inspections for noncompliance with this |
Act. |
(Source: P.A. 96-328, eff. 8-11-09; 97-287, eff. 8-10-11.)
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(415 ILCS 150/30) |
Sec. 30. Manufacturer responsibilities. |
(a) Prior to April 1, 2009 for the first program year, and |
by October 1 for program year 2011 and each program year |
thereafter, manufacturers who sell computers, computer |
monitors, printers, televisions, electronic keyboards, |
facsimile machines, videocassette recorders, portable digital |
music players, digital video disc players, video game consoles, |
electronic mice, scanners, digital converter boxes, cable |
receivers, satellite receivers, digital video disc recorders, |
or small-scale servers in this State must register with the |
Agency. The registration must be submitted in the form and |
manner required by the Agency. The registration must include, |
without limitation, all of the following: |
(1) a list of all of the manufacturer's brands of |
computers, computer monitors, printers, televisions, |
electronic keyboards, facsimile machines, videocassette |
recorders, portable digital music players, digital video |
disc players, video game consoles, electronic mice, |
scanners, digital converter boxes, cable receivers, |
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satellite receivers, digital video disc recorders, and |
small-scale servers to be offered for sale in the next |
program year; |
(2) (blank); and |
(3) a statement disclosing whether any of the |
manufacturer's computers, computer monitors, printers, |
televisions, electronic keyboards, facsimile machines, |
videocassette recorders, portable digital music players, |
digital video disc players, video game consoles, |
electronic mice, scanners, digital converter boxes, cable |
receivers, satellite receivers, digital video disc |
recorders, or small-scale servers sold in this State exceed |
the maximum concentration values established for lead, |
mercury, cadmium, hexavalent chromium, polybrominated |
biphenyls (PBBs), and polybrominated diphenyl ethers |
(PBDEEs) under the RoHS (restricting the use of certain |
hazardous substances in electrical and electronic |
equipment) Directive 2002/95/EC of the European Parliament |
and Council and any amendments thereto and, if so, an |
identification of the aforementioned electronic device |
that exceeds the directive. |
If, during the program year, any of the manufacturer's |
aforementioned electronic devices are sold or offered for sale |
in Illinois under a new brand that is not listed in the |
manufacturer's registration, then, within 30 days after the |
first sale or offer for sale under the new brand, the |
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manufacturer must amend its registration to add the new brand. |
(b) Prior to July 1, 2009 for the first program year, and |
by the November 1 preceding program years 2011 and later, all |
manufacturers whose computers, computer monitors, printers, |
televisions, electronic keyboards, facsimile machines, |
videocassette recorders, portable digital music players, |
digital video disc players, video game consoles, electronic |
mice, scanners, digital converter boxes, cable receivers, |
satellite receivers, digital video disc recorders, or |
small-scale servers are offered for sale in the State shall |
submit to the Agency, at an address prescribed by the Agency, |
the registration fee for the next program year. The |
registration fee for program year 2010 is $5,000. The |
registration fee for program year 2011 is $5,000, increased by |
the applicable inflation factor as described below. In program |
year 2012, if, in program year 2011, a manufacturer sold 250 or |
fewer of the aforementioned electronic devices in the State, |
then the registration fee for that manufacturer is $1,250. In |
each program year after 2012, if, in the preceding program |
year, a manufacturer sold 250 or fewer of the aforementioned |
electronic devices in the State, then the registration fee is |
the fee that applied in the previous year to manufacturers that |
sold that number of the aforementioned electronic devices, |
increased by the applicable inflation factor as described |
below. In program year 2012, if, in the preceding program year |
a manufacturer sold 251 or more of the aforementioned |
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electronic devices in the State, then the registration fee for |
that manufacturer is $5,000. In each program year after 2012, |
if, in the preceding program year, a manufacturer sold 251 or |
more of the aforementioned electronic devices in the State, |
then the registration fee is the fee that applied in the |
previous year to manufacturers that sold that number of the |
aforementioned electronic devices, increased by the applicable |
inflation factor as described below. For program year 2011, |
program year 2013, and each program year thereafter, the |
applicable registration fee is increased each year by an |
inflation factor determined by the annual Implicit Price |
Deflator for Gross National Product, as published by the U.S. |
Department of Commerce in its Survey of Current Business. The |
inflation factor must be calculated each year by dividing the |
latest published annual Implicit Price Deflator for Gross |
National Product by the annual Implicit Price Deflator for |
Gross National Product for the previous year. The inflation |
factor must be rounded to the nearest 1/100th, and the |
resulting registration fee must be rounded to the nearest whole |
dollar. No later than October 1 of each program year, the |
Agency shall post on its website the registration fee for the |
next program year. |
(c) A manufacturer whose computers, computer monitors, |
printers, televisions, electronic keyboards, facsimile |
machines, videocassette recorders, portable digital music |
players, digital video disc players, video game consoles, |
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electronic mice, scanners, digital converter boxes, cable |
receivers, satellite receivers, digital video disc recorders, |
or small-scale servers are sold or offered for sale in this |
State on or after January 1 of a program year must register |
with the Agency within 30 days after the first sale or offer |
for sale in accordance with subsection (a) of this Section and |
submit the registration fee required under subsection (b) of |
this Section prior to the aforementioned electronic devices |
being sold or offered for sale. |
(d) Each manufacturer shall recycle or process for reuse |
CEDs and EEDs whose total weight equals or exceeds the |
manufacturer's individual recycling and reuse goal set forth in |
Section 15 of this Act. Individual consumers shall not be |
charged a fee when bringing their CEDs and EEDs to collection |
locations, unless a financial incentive of equal or greater |
value, such as a coupon, is provided. Collectors may charge a |
fee for premium services such as curbside collection, home |
pick-up, or a similar method of collection. |
When determining whether a manufacturer has met or exceeded |
its individual recycling and reuse goal set forth in Section 15 |
of this Act, all of the following adjustments must be made: |
(1) The total weight of CEDs processed by the |
manufacturer, its recyclers, or its refurbishers for reuse |
is doubled. |
(2) The total weight of CEDs is tripled if they are |
donated for reuse by the manufacturer to a primary or |
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secondary public education institution the majority of |
whose students are considered low income or |
developmentally disabled or to low-income children or |
families or to assist the developmentally disabled in |
Illinois. This subsection applies only to CEDs for which |
the manufacturer has received a written confirmation that |
the recipient has accepted the donation. Copies of all |
written confirmations must be submitted in the annual |
report required under Section 30. |
(3) The total weight of CEDs collected by manufacturers |
free of charge in underserved counties is doubled. This |
subsection applies only to CEDs that are documented by |
collectors as being collected or received free of charge in |
underserved counties. This documentation must include, |
without limitation, the date and location of collection or |
receipt, the weight of the CEDs collected or received, and |
an acknowledgement by the collector that the CEDs were |
collected or received free of charge. Copies of the |
documentation must be submitted in the annual report |
required under subsection (h), (i), (j), (k), or (l) of |
Section 30. |
(4) If an entity (i) collects, recycles, or refurbishes |
CEDs for a manufacturer, (ii) qualifies for non-profit |
status under Section 501(c)(3) of the Internal Revenue Code |
of 1986, and (iii) at least 75% of its employees are |
developmentally disabled, then the total weight of CEDs |
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will be tripled. A manufacturer that uses such a recycler |
or refurbisher shall submit documentation in the annual |
report required under Section 30 identifying the name, |
location, and length of service of the entity that |
qualifies for credit under this subsection. |
(e) (Blank). |
(f) Manufacturers shall ensure that only recyclers and |
refurbishers that have registered with the Agency are used to |
meet the individual recycling and reuse goals set forth in this |
Act. |
(g) Manufacturers shall ensure that the recyclers and |
refurbishers used to meet the individual recycling and reuse |
goals set forth in this Act shall, at a minimum, comply with |
the standards set forth under subsection (d) of Section 50 of |
this Act. By November 1, 2011 and every November 1 thereafter, |
manufacturers shall submit a document, as prescribed by the |
Agency, listing each registered recycler and refurbisher that |
will be used to meet the manufacturer's annual CED recycling |
and reuse goal and certifying that those recyclers or |
refurbishers comply with the standards set forth in subsection |
(d) of Section 50. |
(h) By September 1, 2012 and every September 1 thereafter, |
manufacturers of computers, computer monitors, printers, |
televisions, electronic keyboards, facsimile machines, |
videocassette recorders, portable digital music players, |
digital video disc players, video game consoles, electronic |
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mice, scanners, digital converter boxes, cable receivers, |
satellite receivers, digital video disc recorders, or |
small-scale servers shall submit to the Agency, in the form and |
manner required by the Agency, a report that contains the total |
weight of the aforementioned electronic devices sold under each |
of the manufacturer's brands to individuals in this State as |
calculated under subsection (c) and (c-5) of Section 15, as |
applicable. Each manufacturer shall indicate on the report |
whether the total weight of the aforementioned electronic |
devices was derived from its own sales records or national |
sales data. If a manufacturer's weight for aforementioned |
electronic devices is derived from national sales data, the |
manufacturer shall indicate the source of the sales data. |
(i) (Blank). |
(j) (Blank). |
(k) (Blank). |
(l) On or before January 31, 2013 and on or before every |
January 31 thereafter, manufacturers of computers, computer |
monitors, printers, televisions, electronic keyboards, |
facsimile machines, videocassette recorders, portable digital |
music players, digital video disc players, video game consoles, |
electronic mice, scanners, digital converter boxes, cable |
receivers, satellite receivers, digital video disc recorders, |
and small-scale servers shall submit to the Agency, on forms |
and in a format prescribed by the Agency, a report that |
contains all of the following information for the previous |
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program year: |
(1) The total weight of computers, the total weight of |
computer monitors, the total weight of printers, facsimile |
machines, and scanners, the total weight of televisions, |
the total weight of the remaining CEDs, the total weight of |
electronic keyboards, the total weight of facsimile |
machines, the total weight of videocassette recorders, the |
total weight of portable digital music players, the total |
weight of digital video disc players, the total weight of |
video game consoles, the total weight of electronic mice, |
the total weight of scanners, the total weight of digital |
converter boxes, the total weight of cable receivers, the |
total weight of satellite receivers, the total weight of |
digital video disc recorders, the total weight of |
small-scale servers, and the total weight of EEDs recycled |
or processed for reuse. |
(2) The identification of all weights that are adjusted |
under subsection (d) of this Section. For all weights |
adjusted under item (2) of subsection (d), the manufacturer |
must include copies of the written confirmation required |
under that subsection. |
(3) A list of each recycler, refurbisher, and collector |
used by the manufacturer to fulfill the manufacturer's |
individual recycling and reuse goal set forth in |
subsections (c) and (c-5) of Section 15 of this Act. |
(4) A summary of the manufacturer's consumer education |
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program required under subsection (m) of this Section. |
(m) Manufacturers must develop and maintain a consumer |
education program that complements and corresponds to the |
primary retailer-driven campaign required under Section 40 of |
this Act. The education program shall promote the recycling of |
electronic products and proper end-of-life management of the |
products by consumers. |
(n) Beginning January 1, 2012, no manufacturer may sell a |
computer, computer monitor, printer, television, electronic |
keyboard, facsimile machine, videocassette recorder, portable |
digital music player, digital video disc player, video game |
console, electronic mouse, scanner, digital converter box, |
cable receiver, satellite receiver, digital video disc |
recorder, or small-scale server in this State unless the |
manufacturer is registered with the State as required under |
this Act, has paid the required registration fee, and is |
otherwise in compliance with the provisions of this Act. |
(o) Beginning January 1, 2012, no manufacturer may sell a |
computer, computer monitor, printer, television, electronic |
keyboard, facsimile machine, videocassette recorder, portable |
digital music player, digital video disc player, video game |
console, electronic mouse, scanner, digital converter box, |
cable receiver, satellite receiver, digital video disc |
recorder, or small-scale server in this State unless the |
manufacturer's brand name is permanently affixed to, and is |
readily visible on, the computer, computer monitor, printer, or |
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television. |
(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)
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(415 ILCS 150/55)
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Sec. 55. Collector responsibilities. |
(a) No later than January 1 of each program year, |
collectors that collect or receive CEDs or EEDs for one or more |
manufacturers, recyclers, or refurbishers shall register with |
the Agency. Registration must be in the form and manner |
required by the Agency and must include, without limitation, |
the address of each location where CEDs or EEDs are received |
and the identification of each location at which the collector |
accepts CEDs or EEDs from a residence. |
(b) Manufacturers, recyclers, refurbishers also acting as |
collectors shall so indicate on their registration under |
Section 30 or 50 and not register separately as collectors. |
(c) No later than August 15, 2010, collectors must submit |
to the Agency, on forms and in a format prescribed by the |
Agency, a report for the period from January 1, 2010 through |
June 30, 2010 that contains the following information: the |
total weight of computers, the total weight of computer |
monitors, the total weight of printers, the total weight of |
televisions, and the total weight of EEDs collected or received |
for each manufacturer. |
(d) By January 31 of each program year, collectors must |
submit to the Agency, on forms and in a format prescribed by |
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the Agency, a report that contains the following information |
for the previous program year: |
(1) The total weight of computers, the total weight of |
computer monitors, the total weight of printers, facsimile |
machines, and scanners, the total weight of televisions, |
the total weight of the remaining individual CEDs |
collected, and the total weight of EEDs collected or |
received for each manufacturer during the previous program |
year. |
(2) A list of each recycler and refurbisher that |
received CEDs and EEDs from the collector and the total |
weight each recycler and refurbisher received. |
(3) The address of each collector's facility where the |
CEDs and EEDs were collected or received. Each facility |
address must include the county in which the facility is |
located. |
(e) Collectors may accept no more than 10 CEDs or EEDs at |
one time from individual members of the public and, when |
scheduling collection events, shall provide no fewer than 30 |
days' notice to the county waste agency of those events.
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(f) No collector of CEDs and EEDs may recycle, or refurbish |
for reuse or resale, CEDs or EEDs to a third party unless the |
collector registers as a recycler or refurbisher pursuant to |
Section 50 and pays the registration fee pursuant to Section |
50. |
(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)
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