Bill Text: IL HB5907 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Electronic Products Recycling and Reuse Act. Authorizes each manufacturer that is required to calculate the total weight of televisions sold under its brand to individuals at retail in the State to do so by multiplying the weight of its televisions sold nationally by the quotient that results from dividing the population of Illinois by the population of the United States. Deletes provisions requiring retailers to report the number of televisions sold at retail to individuals in the State. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2010-07-21 - Public Act . . . . . . . . . 96-1154 [HB5907 Detail]

Download: Illinois-2009-HB5907-Enrolled.html

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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Electronic Products Recycling and Reuse Act
is amended by changing Sections 10, 30, 40, 50, 55, and 65 as
follows:
(415 ILCS 150/10)
Sec. 10. Definitions. As used in this Act:
"Agency" means the Environmental Protection Agency.
"Cathode-ray tube" means a vacuum tube or picture tube used
to convert an electronic signal into a visual image, such as a
television or computer monitor.
"Collector" means a person who receives covered electronic
devices or eligible electronic devices directly from a
residence for recycling or processing for reuse. "Collector"
includes, but is not limited to, manufacturers, recyclers, and
refurbishers who receive CEDs or EEDs directly from the public.
"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

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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

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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.
"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.
"Covered electronic device" or "CED" means any computer,
computer monitor, television, or printer that is taken out of
service from a residence in this State regardless of purchase
location. "Covered electronic device" does not include any of
the following:

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(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.
"Developmentally disabled" means having a severe
disability, as defined by the Office of Rehabilitation Services
of the Illinois Department of Human Services, that can be
expected to result in death or that has lasted, or is expected
to last, at least 12 months and that prevents working at a

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"substantial gainful activity" level.
"Dismantling" means the demanufacturing and shredding of a
CED.
"Eligible electronic device" or "EED" means any of the
following electronic products taken out of service from a
residence in this State regardless of purchase location: mobile
telephone; computer cable, mouse, or keyboard; stand-alone
facsimile machine; MP3 player; portable digital assistant
(PDA); video game console, video cassette recorder/player,
digital video disk player, or similar video device; zip drive;
or scanner. To the extent allowed under federal and state laws
and regulations, an EED that is being collected, recycled, or
processed for reuse is not considered to be hazardous waste,
household waste, solid waste, or special waste.
"Low income children and families" mean those children and
families that are subject to the most recent version of the
United States Department of Health and Human Services Federal
Poverty Guidelines.
"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 CEDs 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 the CED, the person who produced the CED or
his or her successor in interest is the manufacturer. For CEDs
sold that were at retail under the brand or label of both the
retail seller and the person that produced the CED, the person

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that produced the CED, or his or her successor in interest, is
the manufacturer. A retail seller of CEDs may elect to be the
manufacturer of one or more CEDs if the retail seller provides
written notice to the Agency that it is accepting
responsibility as the manufacturer of the CED under this Act
and identifies the CEDs for which it is electing to be the
manufacturer.
"Municipal joint action agency" means a municipal joint
action agency created under Section 3.2 of the
Intergovernmental Cooperation Act.
"Orphan CEDs" means those CEDs that are returned for
recycling, or processing for reuse, whose manufacturer cannot
be identified, or whose manufacturer is no longer conducting
business and has no successor in interest.
"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 a legal representative, agent, or assign of that entity.
"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

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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.
"Processing for reuse" means any method, technique, or
process by which CEDs or EEDs that would otherwise be disposed
of or discarded are instead separated, processed, and returned
to their original intended purposes or to other useful purposes
as electronic devices.
"Program Year" means a calendar year. The first program
year is 2010.
"Recycler" means a person who engages in the recycling of
CEDs or EEDs, but does not include telecommunications carriers,
telecommunications manufacturers, or commercial mobile service
providers with an existing recycling program.
"Recycling" means any method, technique, or process by
which CEDs or EEDs that would otherwise be disposed of or
discarded are instead collected, separated, or processed and
are returned to the economic mainstream in the form of raw
materials or products. "Recycling" includes the collection,
transportation, dismantling, and shredding of the CEDs or EEDs.
"Refurbisher" means any person who processes CEDs or EEDs
for reuse, but does not include telecommunications carriers,
telecommunications manufacturers, or commercial mobile service

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providers with an existing recycling program.
"Residence" means a dwelling place or home in which one or
more individuals live.
"Retailer" means a person who sells, rents, or leases,
through sales outlets, catalogues, or the Internet, computers,
computer monitors, or televisions at retail to individuals in
this State. For purposes of this Act, sales to individuals at
retail are considered to be sales for residential use.
"Retailer" includes, but is not limited to, manufacturers who
sell computers, computer monitors, printers, or televisions at
retail directly to individuals in this State.
"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 but does not mean financing or
leasing.
"Television" means an electronic device (i) containing a
cathode-ray tube or flat panel screen the size of which is
greater than 4 inches when measured diagonally, (ii) that is
intended to receive video programming via broadcast, cable, or
satellite transmission or to receive video from surveillance or
other similar cameras, and (iii) that is used only in a
residence.
(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/30)

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Sec. 30. Manufacturer responsibilities.
(a) Prior to April 1, 2009 for the first program year, and
by October 1 for program year 2011 and thereafter,
manufacturers whose computers, computer monitors, printers, or
televisions are sold 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, or televisions to
be offered for sale in the next program year;
(2) for manufacturers of both televisions and
computers, computer monitors, or printers, an
identification of whether, for residential use, (i)
televisions or (ii) computers, computer monitors, and
printers, represent the larger number of units sold for the
manufacturer; and
(3) a statement disclosing whether:
(A) any computer, computer monitor, printer, or
television sold in this State exceeds 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

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Parliament and Council and any amendments thereto and,
if so, an identification of that computer, computer
monitor, printer, or television; or
(B) the manufacturer has received an exemption
from one or more of those maximum concentration values
under the RoHS Directive that has been approved and
published by the European Commission.
If, during the program year, a manufacturer's computer,
computer monitor, printer, or television is sold or offered for
sale 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 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, or
televisions are sold 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.
For program years 2011 and later, the 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

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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, or televisions are first sold or offered for sale in
this State on or after January 1 of a program year must
register with the Agency in accordance with subsection (a) of
this Section and submit the registration fee required under
subsection (b) of this Section prior to the manufacturer's
computers, computer monitors, printers, or televisions 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 19 of this Act. Individual consumers may not be charged
an end-of-life fee when bringing their CEDs and EEDs to
permanent or temporary 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

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its individual recycling and reuse goal set forth in Section 19
of this Act, all of the following adjustments must be made:
(1) The total weight of CEDs processed for reuse by the
manufacturer, its recyclers, or its refurbishers is
doubled.
(2) The total weight of CEDs is tripled if they are
donated for reuse by the manufacturer to a primary or
secondary public education institution or to a
not-for-profit entity that is established under Section
501(c)(3) of the Internal Revenue Code of 1986 and whose
principal mission is to assist 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

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documentation must be submitted in the annual report
required under subsection (h), (i), (j), (k), or (l) of
Section 30.
(e) Manufacturers of computers, computer monitors, or
printers, either individually or collectively, shall hire an
independent third-party auditor to perform statistically
significant return share samples of CEDs received by recyclers
and refurbishers for recycling or processing for reuse. Each
third-party auditor shall perform a return share sample of CEDs
for at least one 8-hour period, once a quarter during the
program year at the facility of each registered recycler and
refurbisher under contract with the manufacturer or group of
manufacturers that has hired the auditor. The audit shall
contain the following data:
(1) the number and weight of CEDs, sorted by brand name
and product type, including a category for orphan CEDs;
(2) the total weight of the sample by product type;
(3) the date, location, and time of the sampling;
(4) the name or names of the manufacturer for whom the
recycler is performing activities under this Act; and
(5) a certification by the third-party auditor that the
sampling is statistically significant and, if not, an
explanation as to what occurred to render the sampling
insignificant.
The manufacturer shall notify the Agency 30 days prior to
the third-party auditor's return share sampling by providing

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the Agency with the time and date on which the third-party
auditor will perform the return share sample. The Agency may,
at its discretion, be present at any sampling event and may
audit the methodology and the results of the third-party
auditor.
No less than 30 days after the close of each calendar
quarter, the manufacturer shall submit to the Agency the
results of the third-party samplings conducted during the
quarter. The results shall be submitted in the form and manner
required by the Agency.
(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.
(h) By August 15, 2009, television manufacturers shall
submit to the Agency, in the form and manner required by the
Agency, a report that contains the total weight of televisions
sold under each of the manufacturer's brands to individuals at
retail in this State, as set forth in the reports to
manufacturers by retailers under subsection (c) of Section 40.
(i) No later than September 1, 2010, television

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manufacturers must submit to the Agency, in the form and manner
required by the Agency, a report for the period January 1, 2010
through June 30, 2010 that contains both of the following
information:
(1) The total weight of televisions sold under each of
the manufacturer's brands to individuals at retail in this
State, from one of the following 2 sources, with the
manufacturer indicating in the report which of the 2 data
sources was used, and, if a national sales data report was
used, the name of the national sales data source:
(A) the manufacturer's own sales reports; or
(B) national sales data reports obtained by the
manufacturer and pro-rated to Illinois by multiplying
the weight of the manufacturer's televisions sold
nationally by the quotient that results from dividing
the population of Illinois by the population of the
United States. The population of Illinois and the
United States shall be obtained using the most recent
U.S. census data. the total weight of televisions sold
under each of the manufacturer's brands to individuals
at retail in this State, as set forth in the reports
submitted under subsection (d) of Section 40; and
(2) The 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
recycled or processed for reuse.

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(j) By August 15, 2010, computer, computer monitor, and
printer manufacturers shall submit to the Agency, on forms and
in a format prescribed by the Agency, a report for the period
January 1, 2010 through June 30, 2010 that contains 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, recycled or processed for reuse.
(k) No later than April 1 of program years 2011 and
thereafter, television manufacturers shall submit to the
Agency, in the form and manner required by the Agency, a report
that contains all of the following information for the previous
program year:
(1) The total weight of televisions sold under each of
the manufacturer's brands to individuals at retail in this
State, from one of the following 2 sources, with the
manufacturer indicating in the report which of the two data
sources was used, and, if a national sales data report was
used, the name of the national sales data source:
(a) the manufacturer's own sales reports; or
(b) national sales data reports obtained by the
manufacturer and pro-rated to Illinois by multiplying
the weight of the manufacturer's televisions sold
nationally by the quotient that results from dividing
the population of Illinois by the population of the
United States. The population of Illinois and the
United States shall be obtained using the most recent

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U.S. census data. the total weight of televisions sold
under each of the manufacturer's brands to individuals
at retail in this State, as set forth in the reports
submitted under subsection (e) of Section 40;
(2) The 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
recycled or processed for reuse. ;
(3) The 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. ;
(4) A 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 Section 19 of this Act. ;
(5) A a summary of the manufacturer's consumer
education program required under subsection (m) of this
Section.
(l) No later than April 1 of program years 2011 and
thereafter, computer, computer monitor, and printer
manufacturers shall submit to the Agency, on forms and in a
format prescribed by the Agency, a report that contains the
following information for the previous program year:
(1) the total weight of computers, the total weight of

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computer monitors, the total weight of printers, the total
weight of televisions, 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 subsection
(c) of Section 15 of this Act; and
(4) a summary of the manufacturer's consumer education
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 2010, no manufacturer may sell a
computer, computer monitor, printer, or television 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.

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(o) Beginning January 1, 2010, no manufacturer may sell a
computer, computer monitor, printer, or television in this
State unless the manufacturer's brand name is permanently
affixed to, and is readily visible on, the computer, computer
monitor, printer, or television.
(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/40)
Sec. 40. Retailer responsibilities.
(a) Retailers shall be a primary source of information
about end-of-life options to residential consumers of
computers, computer monitors, printers, and televisions. At
the time of sale, the retailer shall provide each residential
consumer with information from the Agency's website that
provides information detailing where and how a consumer can
recycle a CED or return a CED for reuse.
(b) Beginning January 1, 2010, no retailer may sell or
offer for sale any computer, computer monitor, printer, or
television in or for delivery into this State unless:
(1) the computer, computer monitor, printer, or
television is labeled with a brand and the label is
permanently affixed and readily visible; and
(2) the manufacturer is registered with the Agency and
has paid the required registration fee as required under
Section 20 of this Act.
This subsection (b) does not apply to any computer, computer

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monitor, printer, or television that was purchased prior to
January 1, 2010.
(c) By July 1, 2009, retailers shall report to each
television manufacturer, by model, the number of televisions
sold at retail to individuals in this State under each of the
manufacturer's brands during the 6-month period from October 1,
2008 through March 31, 2009.
(d) (Blank) By August 1, 2010, retailers shall report to
each television manufacturer, by model, the number of
televisions sold at retail to individuals in this State under
each of the manufacturer's brands between January 1, 2010 and
June 30, 2010.
(e) (Blank) No later than February 15 of each program year,
retailers shall report to each television manufacturer, by
model, the number of televisions sold at retail to individuals
in this State under each of the manufacturer's brands during
the previous program year.
(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/50)
Sec. 50. Recycler and refurbisher registration.
(a) Prior to January 1 of each program year, each recycler
and refurbisher must register with the Agency and submit a
registration fee pursuant to subsection (b) for that program
year. Registration must be on forms and in a format prescribed
by the Agency and shall include, but not be limited to, the

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address of each location where the recycler or refurbisher
manages CEDs or EEDs and identification of each location at
which the recycler or refurbisher accepts CEDs or EEDs from a
residence.
(b) The registration fee for program year 2010 is $2,000.
For program year years 2011 and thereafter, if a recycler's or
refurbisher's annual combined total weight of CEDs and EEDs is
less than 1,000 tons per year, the registration fee shall be
$500. For program year 2012 and for all subsequent program
years, both registration fees shall be the 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) No person may act as a recycler or a refurbisher of
CEDs for a manufacturer obligated to meet goals under this Act
unless the recycler or refurbisher is registered and has paid
the registration fee as required under this Section.

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(d) Recyclers and refurbishers must, at a minimum, comply
with all of the following:
(1) Recyclers and refurbishers must comply with
federal, State, and local laws and regulations, including
federal and State minimum wage laws, specifically relevant
to the handling, processing, refurbishing and recycling of
residential CEDs and must have proper authorization by all
appropriate governing authorities to perform the handling,
processing, refurbishment, and recycling.
(2) Recyclers and refurbishers 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 and refurbishers must maintain (i)
commercial general liability insurance or the equivalent
corporate guarantee for accidents and other emergencies

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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 and refurbishers 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 and refurbishers must maintain on file
proof of workers' compensation and employers' liability
insurance.
(6) Recyclers and refurbishers must provide adequate
assurance (such as bonds or corporate guarantee) to cover
environmental and other costs of the closure of the
recycler or refurbisher's facility, including cleanup of
stockpiled equipment and materials.
(7) Recyclers and refurbishers must apply due

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diligence principles to the selection of facilities to
which components and materials (such as plastics, metals,
and circuit boards) from CEDs and EEDs are sent for reuse
and recycling.
(8) Recyclers and refurbishers 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 or
refurbisher's environmental compliance at the facility.
(9) Recyclers and refurbishers 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 CED and EED 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 CED and EED components are
shredded, operations must be designed to control indoor and
outdoor hazardous air emissions.
(10) Recyclers and refurbishers must establish a
system for identifying and properly managing components
(such as circuit boards, batteries, CRTs, and mercury
phosphor lamps) that are removed from CEDs and EEDs during
disassembly. Recyclers and refurbishers must properly

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manage all hazardous and other components requiring
special handling from CEDs and EEDs consistent with
federal, State, and local laws and regulations. Recyclers
and refurbishers 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 or refurbisher may
send, either directly or through intermediaries, hazardous
wastes to solid waste (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 and refurbishers must use a regularly
implemented and documented monitoring and record-keeping
program that tracks inbound CED and EED material weights
(total) and subsequent outbound weights (total to each
destination), injury and illness rates, and compliance
with applicable permit parameters including monitoring of
effluents and emissions. Recyclers and refurbishers 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

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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 and refurbishers must comply with
federal and international law and agreements regarding the
export of used products or materials. In the case of
exports of CEDs and EEDs, recyclers and refurbishers must
comply with applicable requirements of the U.S. and of the
import and transit countries and must maintain proper
business records documenting its compliance. No recycler
or refurbisher may establish or use intermediaries for the
purpose of circumventing these U.S. import and transit
country requirements.
(13) Recyclers and refurbishers that conduct
transactions involving the transboundary shipment of used
CEDs and EEDs shall use contracts (or the equivalent
commercial arrangements) made in advance that detail the
quantity and nature of the materials to be shipped. For the
export of materials to a foreign country (directly or
indirectly through downstream market contractors): (i) the
shipment of intact televisions and computer monitors
destined for reuse must include only whole products that
are tested and certified as being in working order or

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requiring only minor repair (e.g. not requiring the
replacement of circuit boards or CRTs), must be destined
for reuse with respect to the original purpose, and the
recipient must have verified a market for the sale or
donation of such product for reuse; (ii) the shipments of
CEDs and EEDs for material recovery must be prepared in a
manner for recycling, including, without limitation,
smelting where metals will be recovered, plastics recovery
and glass-to-glass recycling; or (iii) the shipment of CEDs
and EEDs are being exported to companies or facilities that
are owned or controlled by the original equipment
manufacturer.
(14) Recyclers and refurbishers must maintain the
following export records for each shipment on file for a
minimum of 3 years: (i) the facility name and the address
to which shipment is exported; (ii) the shipment contents
and volumes; (iii) the intended use of contents by the
destination facility; (iv) any specification required by
the destination facility in relation to shipment contents;
(v) an assurance that all shipments for export, as
applicable to the CED manufacturer, are legal and satisfy
all applicable laws of the destination country.
(15) Recyclers and refurbishers 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

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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;
(16) No recycler or refurbisher may employ prison labor
in any operation related to the collection,
transportation, recycling, and refurbishment of CEDs and
EEDs. No recycler or refurbisher may employ any third party
that uses or subcontracts for the use of prison labor.
(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/55)
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

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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) No later than May 1 of each program year, collectors
must submit to the Agency, on forms and in a format prescribed
by 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, the total
weight of televisions, and the total weight of EEDs
collected or received for each manufacturer during the
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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(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/65)
Sec. 65. State government procurement.
(a) The Department of Central Management Services shall
ensure that all bid specifications and contracts for the
purchase or lease of desktop computers, laptop or notebook
computers, and computer monitors, by State agencies under a
statewide master contract require that the electronic products
have a Bronze performance tier or higher registration under the
Electronic Product Environmental Assessment Tool ("EPEAT")
operated by the Green Electronics Council.
(b) The Department of Central Management Services shall
ensure that bid specifications and contracts for the purchase
or lease of televisions and printers by State agencies under a
statewide master contract require that the televisions have a
Bronze performance tier or higher registration under EPEAT if
the Department determines that there are an adequate number of
the televisions or printers registered under EPEAT to provide a
sufficiently competitive bidding environment.
(c) This Section applies to bid specifications issued, and
contracts entered into, on or after January 1, 2010.
(Source: P.A. 95-959, eff. 9-17-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.