Bill Text: IL SB0774 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Electronic Products Recycling and Reuse Act. Provides that accreditation is not required for facilities that place cathode ray tube (CRT) glass in storage cells for future retrieval in accordance with specified provisions of the Act. Provides that any organization that accredits facilities pursuant to this Section is prohibited from penalizing or taking other negative actions against any recycler, refurbisher, or collector of CEDs and EEDs based on the recycler's, refurbisher's, or collector's use of a facility that places CRT glass in storage cells for future retrieval in accordance with specified provisions of the Act. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-09 - Session Sine Die [SB0774 Detail]

Download: Illinois-2017-SB0774-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB0774 Introduced 2/1/2017, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
415 ILCS 150/50
Amends the Electronic Products Recycling and Reuse Act. Provides that accreditation is not required for facilities that place cathode ray tube (CRT) glass in storage cells for future retrieval in accordance with specified provisions of the Act. Provides that any organization that accredits facilities pursuant to this Section is prohibited from penalizing or taking other negative actions against any recycler, refurbisher, or collector of CEDs and EEDs based on the recycler's, refurbisher's, or collector's use of a facility that places CRT glass in storage cells for future retrieval in accordance with specified provisions of the Act. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 Section 50 as follows:
(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
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 2011, 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 increased each year by an inflation factor
determined by the annual Implicit Price Deflator for Gross

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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 with the
Agency and has paid the registration fee as required under this
Section. Beginning in program year 2016, all recycling or
refurbishing facilities used by collectors of CEDs and EEDs
shall be accredited by the Responsible Recycling (R2) Practices
or e-Stewards certification programs or any other equivalent
certification programs recognized by the United States
Environmental Protection Agency. Accreditation is not required
for facilities that place cathode ray tube (CRT) glass in
storage cells for future retrieval in accordance with
subsection (d) of Section 15 of this Act. Manufacturers of CEDs
and EEDs shall ensure that recycling or refurbishing facilities
used as part of their recovery programs meet this requirement.

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Any organization that accredits facilities pursuant to this
Section is prohibited from penalizing or taking other negative
actions against any recycler, refurbisher, or collector of CEDs
and EEDs based on the recycler's, refurbisher's, or collector's
use of a facility that places CRT glass in storage cells for
future retrieval in accordance with subsection (d) of Section
15 of this Act.
(c-5) A registered recycler or refurbisher of CEDs and EEDs
for a manufacturer obligated to meet goals under this Act may
not charge individual consumers or units of local government
acting as collectors a fee to recycle or refurbish CEDs and
EEDs, unless the recycler or refurbisher provides (i) a
financial incentive, such as a coupon, that is of greater or
equal value to the fee being charged or (ii) premium service,
such as curbside collection, home pick-up, or similar methods
of collection. Local units of government serving as collectors
of CEDs and EEDs shall not charge a manufacturer for collection
costs and shall offer the manufacturer or its representative
all CEDs and EEDs collected by the local government at no cost.
Nothing in this Act requires a local unit of government to
serve as a collector.
(c-10) Nothing in this Act prohibits any waste hauler from
entering into a contractual agreement with a unit of local
government to establish a collection program for the recycling
or reuse of CEDs or EEDs, including services such as curbside
collection, home pick-up, drop-off locations, or similar

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methods of collection.
(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

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corporate guarantee for accidents and other emergencies
with limits of not less than $1,000,000 per occurrence and
$1,000,000 aggregate and (ii) pollution legal liability
insurance with limits not less than $1,000,000 per
occurrence for companies engaged solely in the dismantling
activities and $5,000,000 per occurrence for companies
engaged in recycling.
(4) Recyclers 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.

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(7) Recyclers and refurbishers must apply due
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

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disassembly. Recyclers and refurbishers must properly
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

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expectation that there is a downstream market or uses for
designated electronics (which may include recycling or
reclamation processes such as smelting to recover metals
for reuse); and (ii) that any residuals from recycling or
reclamation processes, or both, are properly handled and
managed to maximize reuse and recycling of materials to the
extent practical.
(12) Recyclers 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

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are tested and certified as being in working order or
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

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devices. Acceptable guidelines for the destruction or
sanitization of data are contained in the National
Institute of Standards and Technology's Guidelines for
Media Sanitation or those guidelines certified by the
National Association for Information Destruction;
(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. 99-13, eff. 7-10-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.