Bill Text: IL HB5373 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Environmental Protection Act. Prohibits the manufacture, distribution, and use of paper containing bisphenol A for the making of business or banking records. Requires paper manufacturers to, among other things, replace bisphenol A with an alternative chemical. Requires the Environmental Protection Agency to gather and certify certain information about alternative chemicals. Requires the Agency to convene an Advisory Committee on Least Toxic Alternatives to Bisphenol A. Sets forth requirements that apply to members of the Committee. Delays the applicability of the prohibitions on the manufacture, distribution, and use of bisphenol-A-containing paper for the making of business or banking records if the United States Environmental Protection Agency has not identified a safe, commercially available alternative to bisphenol A prior to the effective date of the amendatory Act. Effective immediately.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5373 Detail]

Download: Illinois-2011-HB5373-Amended.html

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Rep. Karen May

Filed: 2/28/2012

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AMENDMENT TO HOUSE BILL 5373
AMENDMENT NO. ______. Amend House Bill 5373 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Thermal Receipt Paper Act.
Section 5. Purpose. The purpose of this Act is to prohibit
the sale, distribution, and use of thermal receipt paper
containing bisphenol-A for commercial transactions.
Section 10. Definitions. As used in this Act, unless the
context otherwise clearly requires:
"Agency" means the Illinois Environmental Protection
Agency.
"Paper distributor" means a person who sells paper on a
wholesale basis.
"Paper manufacturer" means the person who manufactured a

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final paper product. In the case of a paper product that was
imported into the United States, "manufacturer" includes the
importer or domestic distributor of the paper product if the
person who manufactured the paper product does not have a
presence in the United States.
"Person" means any 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 their legal representative, agent, or assigns.
"Thermal receipt paper" means any paper that is used to
issue a mechanically produced record of a commercial
transaction, including, but not limited to, cash register
receipts and other records of receipts, credits, withdrawals,
deposits, or credit or debit card transactions.
Section 15. Prohibitions.
(a) Beginning January 1, 2015:
(1) no paper manufacturer or paper distributor shall
sell, offer for sale, distribute, or offer to distribute in
this State any thermal receipt paper that contains
bisphenol-A; and
(2) no person shall use in this State thermal receipt
paper that contains bisphenol-A.
(b) Before January 1, 2014, thermal receipt paper
manufacturers, distributers, or users may, in consultation

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with the Agency, recommend to the General Assembly a delay in
the prohibitions set forth in subsection (a) of this Section if
no safer substitutes for bisphenol-A in thermal receipt paper,
as identified by the United States Environmental Protection
Agency's BPA Alternatives in Thermal Paper Partnership
project, will be commercially available by January 1, 2015.
Section 20. Informational outreach.
(a) Beginning January 1, 2013, the Agency shall maintain on
its website information regarding best practices for the
recycling and disposal of thermal receipt paper so as to
minimize exposure to bisphenol-A.
(b) Unless the prohibitions set forth in Section 10 of this
Act are delayed, the Agency shall conduct outreach, in
collaboration with business trade associations and other
appropriate State agencies, to educate paper manufacturers,
retailers, banks, and other commercial entities about the
prohibitions.
Section 25. Penalties.
(a) Any paper manufacturer or paper distributor that
violates subdivision (a)(1) of Section 15 of this Act shall be
liable for a civil penalty not to exceed $2,500 for the first
violation and not to exceed $5,000 for a second or subsequent
violation.
(b) Any person that violates subdivision (a)(2) of Section

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15 of this Act shall be liable for a civil penalty not to
exceed $250 for the first violation and not to exceed $500 for
a second or subsequent violation.
(c) The penalties provided 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.
Without limiting any other authority that may exist for the
awarding of attorney's fees and costs, a court of competent
jurisdiction may award costs and reasonable attorney's fees,
including the reasonable costs of expert witnesses and
consultants, to the State's Attorney or the Attorney General in
a case if he or she has prevailed against a person who has
committed a willful, knowing, or repeated violation of this
Act. Any funds 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. Any funds collected under this Section in an
action in which a State's Attorney has prevailed shall be
retained by the county in which he or she serves.
(d) The State's Attorney of the county in which the
violation occurred or the Attorney General may, at the request
of the Agency or on his or her own motion, institute a civil
action for an injunction, prohibitory or mandatory, to restrain
violations of this Act or to require such other actions as may

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be necessary to address violations of this 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 shall bar a
cause of action by the State for any other penalty, injunction,
or relief provided by any other law.".