Bill Text: IL SB1417 | 2017-2018 | 100th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Electronic Products Recycling and Reuse Act. Provides that a retailer may collect a fee for each covered electronic device or eligible electronic device collected. Provides that municipalities, townships, and other units of local government that are acting as collectors may collect a fee for each covered electronic device or eligible electronic device collected. Removes provisions providing that individual consumers shall not be charged a fee for bringing covered electronic devices or eligible electronic devices to collection sites. Provides that a retailer shall be considered to have complied with specified provisions prohibiting the sale of computers, computer monitors, printers, or televisions if certain conditions are met. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0433 [SB1417 Detail]
Download: Illinois-2017-SB1417-Introduced.html
Bill Title: Amends the Electronic Products Recycling and Reuse Act. Provides that a retailer may collect a fee for each covered electronic device or eligible electronic device collected. Provides that municipalities, townships, and other units of local government that are acting as collectors may collect a fee for each covered electronic device or eligible electronic device collected. Removes provisions providing that individual consumers shall not be charged a fee for bringing covered electronic devices or eligible electronic devices to collection sites. Provides that a retailer shall be considered to have complied with specified provisions prohibiting the sale of computers, computer monitors, printers, or televisions if certain conditions are met. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0433 [SB1417 Detail]
Download: Illinois-2017-SB1417-Introduced.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Electronic Products Recycling and Reuse Act | ||||||||||||||||||||||||||||
5 | is amended by changing Sections 30 and 40 and by adding Section | ||||||||||||||||||||||||||||
6 | 57 as follows:
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7 | (415 ILCS 150/30) | ||||||||||||||||||||||||||||
8 | Sec. 30. Manufacturer responsibilities. | ||||||||||||||||||||||||||||
9 | (a) Prior to April 1, 2009 for the first program year, and | ||||||||||||||||||||||||||||
10 | by October 1 for program year 2011 and each program year | ||||||||||||||||||||||||||||
11 | thereafter, manufacturers who sell computers, computer | ||||||||||||||||||||||||||||
12 | monitors, printers, televisions, electronic keyboards, | ||||||||||||||||||||||||||||
13 | facsimile machines, videocassette recorders, portable digital | ||||||||||||||||||||||||||||
14 | music players, digital video disc players, video game consoles, | ||||||||||||||||||||||||||||
15 | electronic mice, scanners, digital converter boxes, cable | ||||||||||||||||||||||||||||
16 | receivers, satellite receivers, digital video disc recorders, | ||||||||||||||||||||||||||||
17 | or small-scale servers in this State must register with the | ||||||||||||||||||||||||||||
18 | Agency. The registration must be submitted in the form and | ||||||||||||||||||||||||||||
19 | manner required by the Agency. The registration must include, | ||||||||||||||||||||||||||||
20 | without limitation, all of the following: | ||||||||||||||||||||||||||||
21 | (1) a list of all of the manufacturer's brands of | ||||||||||||||||||||||||||||
22 | computers, computer monitors, printers, televisions, | ||||||||||||||||||||||||||||
23 | electronic keyboards, facsimile machines, videocassette |
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1 | recorders, portable digital music players, digital video | ||||||
2 | disc players, video game consoles, electronic mice, | ||||||
3 | scanners, digital converter boxes, cable receivers, | ||||||
4 | satellite receivers, digital video disc recorders, and | ||||||
5 | small-scale servers to be offered for sale in the next | ||||||
6 | program year; | ||||||
7 | (2) (blank); and | ||||||
8 | (3) a statement disclosing whether any of the | ||||||
9 | manufacturer's computers, computer monitors, printers, | ||||||
10 | televisions, electronic keyboards, facsimile machines, | ||||||
11 | videocassette recorders, portable digital music players, | ||||||
12 | digital video disc players, video game consoles, | ||||||
13 | electronic mice, scanners, digital converter boxes, cable | ||||||
14 | receivers, satellite receivers, digital video disc | ||||||
15 | recorders, or small-scale servers sold in this State exceed | ||||||
16 | the maximum concentration values established for lead, | ||||||
17 | mercury, cadmium, hexavalent chromium, polybrominated | ||||||
18 | biphenyls (PBBs), and polybrominated diphenyl ethers | ||||||
19 | (PBDEEs) under the RoHS (restricting the use of certain | ||||||
20 | hazardous substances in electrical and electronic | ||||||
21 | equipment) Directive 2002/95/EC of the European Parliament | ||||||
22 | and Council and any amendments thereto and, if so, an | ||||||
23 | identification of the aforementioned electronic device | ||||||
24 | that exceeds the directive. | ||||||
25 | If, during the program year, any of the manufacturer's | ||||||
26 | aforementioned electronic devices are sold or offered for sale |
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1 | in Illinois under a new brand that is not listed in the | ||||||
2 | manufacturer's registration, then, within 30 days after the | ||||||
3 | first sale or offer for sale under the new brand, the | ||||||
4 | manufacturer must amend its registration to add the new brand. | ||||||
5 | (b) Prior to July 1, 2009 for the first program year, and | ||||||
6 | by the November 1 preceding program years 2011 and later, all | ||||||
7 | manufacturers whose computers, computer monitors, printers, | ||||||
8 | televisions, electronic keyboards, facsimile machines, | ||||||
9 | videocassette recorders, portable digital music players, | ||||||
10 | digital video disc players, video game consoles, electronic | ||||||
11 | mice, scanners, digital converter boxes, cable receivers, | ||||||
12 | satellite receivers, digital video disc recorders, or | ||||||
13 | small-scale servers are offered for sale in the State shall | ||||||
14 | submit to the Agency, at an address prescribed by the Agency, | ||||||
15 | the registration fee for the next program year. The | ||||||
16 | registration fee for program year 2010 is $5,000. The | ||||||
17 | registration fee for program year 2011 is $5,000, increased by | ||||||
18 | the applicable inflation factor as described below. In program | ||||||
19 | year 2012, if, in program year 2011, a manufacturer sold 250 or | ||||||
20 | fewer of the aforementioned electronic devices in the State, | ||||||
21 | then the registration fee for that manufacturer is $1,250. In | ||||||
22 | each program year after 2012, if, in the preceding program | ||||||
23 | year, a manufacturer sold 250 or fewer of the aforementioned | ||||||
24 | electronic devices in the State, then the registration fee is | ||||||
25 | the fee that applied in the previous year to manufacturers that | ||||||
26 | sold that number of the aforementioned electronic devices, |
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1 | increased by the applicable inflation factor as described | ||||||
2 | below. In program year 2012, if, in the preceding program year | ||||||
3 | a manufacturer sold 251 or more of the aforementioned | ||||||
4 | electronic devices in the State, then the registration fee for | ||||||
5 | that manufacturer is $5,000. In each program year after 2012, | ||||||
6 | if, in the preceding program year, a manufacturer sold 251 or | ||||||
7 | more of the aforementioned electronic devices in the State, | ||||||
8 | then the registration fee is the fee that applied in the | ||||||
9 | previous year to manufacturers that sold that number of the | ||||||
10 | aforementioned electronic devices, increased by the applicable | ||||||
11 | inflation factor as described below. For program year 2011, | ||||||
12 | program year 2013, and each program year thereafter, the | ||||||
13 | applicable registration fee is increased each year by an | ||||||
14 | inflation factor determined by the annual Implicit Price | ||||||
15 | Deflator for Gross National Product, as published by the U.S. | ||||||
16 | Department of Commerce in its Survey of Current Business. The | ||||||
17 | inflation factor must be calculated each year by dividing the | ||||||
18 | latest published annual Implicit Price Deflator for Gross | ||||||
19 | National Product by the annual Implicit Price Deflator for | ||||||
20 | Gross National Product for the previous year. The inflation | ||||||
21 | factor must be rounded to the nearest 1/100th, and the | ||||||
22 | resulting registration fee must be rounded to the nearest whole | ||||||
23 | dollar. No later than October 1 of each program year, the | ||||||
24 | Agency shall post on its website the registration fee for the | ||||||
25 | next program year. | ||||||
26 | (c) A manufacturer whose computers, computer monitors, |
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1 | printers, televisions, electronic keyboards, facsimile | ||||||
2 | machines, videocassette recorders, portable digital music | ||||||
3 | players, digital video disc players, video game consoles, | ||||||
4 | electronic mice, scanners, digital converter boxes, cable | ||||||
5 | receivers, satellite receivers, digital video disc recorders, | ||||||
6 | or small-scale servers are sold or offered for sale in this | ||||||
7 | State on or after January 1 of a program year must register | ||||||
8 | with the Agency within 30 days after the first sale or offer | ||||||
9 | for sale in accordance with subsection (a) of this Section and | ||||||
10 | submit the registration fee required under subsection (b) of | ||||||
11 | this Section prior to the aforementioned electronic devices | ||||||
12 | being sold or offered for sale. | ||||||
13 | (d) Each manufacturer shall recycle or process for reuse | ||||||
14 | CEDs and EEDs whose total weight equals or exceeds the | ||||||
15 | manufacturer's individual recycling and reuse goal set forth in | ||||||
16 | Section 15 of this Act. Individual consumers shall not be | ||||||
17 | charged a fee when bringing their CEDs and EEDs to collection | ||||||
18 | locations, unless a financial incentive of equal or greater | ||||||
19 | value, such as a coupon, is provided. Collectors may charge a | ||||||
20 | fee for premium services such as curbside collection, home | ||||||
21 | pick-up, or a similar method of collection. | ||||||
22 | When determining whether a manufacturer has met or exceeded | ||||||
23 | its individual recycling and reuse goal set forth in Section 15 | ||||||
24 | of this Act, all of the following adjustments must be made: | ||||||
25 | (1) The total weight of CEDs processed by the | ||||||
26 | manufacturer, its recyclers, or its refurbishers for reuse |
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1 | is doubled. | ||||||
2 | (2) The total weight of CEDs is tripled if they are | ||||||
3 | donated for reuse by the manufacturer to a primary or | ||||||
4 | secondary public education institution the majority of | ||||||
5 | whose students are considered low income or | ||||||
6 | developmentally disabled or to low-income children or | ||||||
7 | families or to assist the developmentally disabled in | ||||||
8 | Illinois. This subsection applies only to CEDs for which | ||||||
9 | the manufacturer has received a written confirmation that | ||||||
10 | the recipient has accepted the donation. Copies of all | ||||||
11 | written confirmations must be submitted in the annual | ||||||
12 | report required under Section 30. | ||||||
13 | (3) The total weight of CEDs collected by manufacturers | ||||||
14 | free of charge in underserved counties is doubled. This | ||||||
15 | subsection applies only to CEDs that are documented by | ||||||
16 | collectors as being collected or received free of charge in | ||||||
17 | underserved counties. This documentation must include, | ||||||
18 | without limitation, the date and location of collection or | ||||||
19 | receipt, the weight of the CEDs collected or received, and | ||||||
20 | an acknowledgement by the collector that the CEDs were | ||||||
21 | collected or received free of charge. Copies of the | ||||||
22 | documentation must be submitted in the annual report | ||||||
23 | required under subsection (h), (i), (j), (k), or (l) of | ||||||
24 | Section 30. | ||||||
25 | (4) If an entity (i) collects, recycles, or refurbishes | ||||||
26 | CEDs for a manufacturer, (ii) qualifies for non-profit |
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1 | status under Section 501(c)(3) of the Internal Revenue Code | ||||||
2 | of 1986, and (iii) at least 75% of its employees are | ||||||
3 | developmentally disabled, then the total weight of CEDs | ||||||
4 | will be tripled. A manufacturer that uses such a recycler | ||||||
5 | or refurbisher shall submit documentation in the annual | ||||||
6 | report required under Section 30 identifying the name, | ||||||
7 | location, and length of service of the entity that | ||||||
8 | qualifies for credit under this subsection. | ||||||
9 | (e) (Blank). | ||||||
10 | (f) Manufacturers shall ensure that only recyclers and | ||||||
11 | refurbishers that have registered with the Agency are used to | ||||||
12 | meet the individual recycling and reuse goals set forth in this | ||||||
13 | Act. | ||||||
14 | (g) Manufacturers shall ensure that the recyclers and | ||||||
15 | refurbishers used to meet the individual recycling and reuse | ||||||
16 | goals set forth in this Act shall, at a minimum, comply with | ||||||
17 | the standards set forth under subsection (d) of Section 50 of | ||||||
18 | this Act. By November 1, 2011 and every November 1 thereafter, | ||||||
19 | manufacturers shall submit a document, as prescribed by the | ||||||
20 | Agency, listing each registered recycler and refurbisher that | ||||||
21 | will be used to meet the manufacturer's annual CED recycling | ||||||
22 | and reuse goal and certifying that those recyclers or | ||||||
23 | refurbishers comply with the standards set forth in subsection | ||||||
24 | (d) of Section 50. | ||||||
25 | (h) By September 1, 2012 and every September 1 thereafter, | ||||||
26 | manufacturers of computers, computer monitors, printers, |
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1 | televisions, electronic keyboards, facsimile machines, | ||||||
2 | videocassette recorders, portable digital music players, | ||||||
3 | digital video disc players, video game consoles, electronic | ||||||
4 | mice, scanners, digital converter boxes, cable receivers, | ||||||
5 | satellite receivers, digital video disc recorders, or | ||||||
6 | small-scale servers shall submit to the Agency, in the form and | ||||||
7 | manner required by the Agency, a report that contains the total | ||||||
8 | weight of the aforementioned electronic devices sold under each | ||||||
9 | of the manufacturer's brands to individuals in this State as | ||||||
10 | calculated under subsection (c) and (c-5) of Section 15, as | ||||||
11 | applicable. Each manufacturer shall indicate on the report | ||||||
12 | whether the total weight of the aforementioned electronic | ||||||
13 | devices was derived from its own sales records or national | ||||||
14 | sales data. If a manufacturer's weight for aforementioned | ||||||
15 | electronic devices is derived from national sales data, the | ||||||
16 | manufacturer shall indicate the source of the sales data. | ||||||
17 | (i) (Blank). | ||||||
18 | (j) (Blank). | ||||||
19 | (k) (Blank). | ||||||
20 | (l) On or before January 31, 2013 and on or before every | ||||||
21 | January 31 thereafter, manufacturers of computers, computer | ||||||
22 | monitors, printers, televisions, electronic keyboards, | ||||||
23 | facsimile machines, videocassette recorders, portable digital | ||||||
24 | music players, digital video disc players, video game consoles, | ||||||
25 | electronic mice, scanners, digital converter boxes, cable | ||||||
26 | receivers, satellite receivers, digital video disc recorders, |
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1 | and small-scale servers shall submit to the Agency, on forms | ||||||
2 | and in a format prescribed by the Agency, a report that | ||||||
3 | contains all of the following information for the previous | ||||||
4 | program year: | ||||||
5 | (1) The total weight of computers, the total weight of | ||||||
6 | computer monitors, the total weight of printers, facsimile | ||||||
7 | machines, and scanners, the total weight of televisions, | ||||||
8 | the total weight of the remaining CEDs, and the total | ||||||
9 | weight of EEDs recycled or processed for reuse. | ||||||
10 | (2) The identification of all weights that are adjusted | ||||||
11 | under subsection (d) of this Section. For all weights | ||||||
12 | adjusted under item (2) of subsection (d), the manufacturer | ||||||
13 | must include copies of the written confirmation required | ||||||
14 | under that subsection. | ||||||
15 | (3) A list of each recycler, refurbisher, and collector | ||||||
16 | used by the manufacturer to fulfill the manufacturer's | ||||||
17 | individual recycling and reuse goal set forth in | ||||||
18 | subsections (c) and (c-5) of Section 15 of this Act. | ||||||
19 | (4) A summary of the manufacturer's consumer education | ||||||
20 | program required under subsection (m) of this Section. | ||||||
21 | (m) Manufacturers must develop and maintain a consumer | ||||||
22 | education program that complements and corresponds to the | ||||||
23 | primary retailer-driven campaign required under Section 40 of | ||||||
24 | this Act. The education program shall promote the recycling of | ||||||
25 | electronic products and proper end-of-life management of the | ||||||
26 | products by consumers. |
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1 | (n) Beginning January 1, 2012, no manufacturer may sell a | ||||||
2 | computer, computer monitor, printer, television, electronic | ||||||
3 | keyboard, facsimile machine, videocassette recorder, portable | ||||||
4 | digital music player, digital video disc player, video game | ||||||
5 | console, electronic mouse, scanner, digital converter box, | ||||||
6 | cable receiver, satellite receiver, digital video disc | ||||||
7 | recorder, or small-scale server in this State unless the | ||||||
8 | manufacturer is registered with the State as required under | ||||||
9 | this Act, has paid the required registration fee, and is | ||||||
10 | otherwise in compliance with the provisions of this Act. | ||||||
11 | (o) Beginning January 1, 2012, no manufacturer may sell a | ||||||
12 | computer, computer monitor, printer, television, electronic | ||||||
13 | keyboard, facsimile machine, videocassette recorder, portable | ||||||
14 | digital music player, digital video disc player, video game | ||||||
15 | console, electronic mouse, scanner, digital converter box, | ||||||
16 | cable receiver, satellite receiver, digital video disc | ||||||
17 | recorder, or small-scale server in this State unless the | ||||||
18 | manufacturer's brand name is permanently affixed to, and is | ||||||
19 | readily visible on, the computer, computer monitor, printer, or | ||||||
20 | television. | ||||||
21 | (Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
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22 | (415 ILCS 150/40) | ||||||
23 | Sec. 40. Retailer responsibilities. | ||||||
24 | (a) Retailers shall be a primary source of information | ||||||
25 | about end-of-life options to residential consumers of |
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1 | computers, computer monitors, printers, and televisions. At | ||||||
2 | the time of sale, the retailer shall provide each residential | ||||||
3 | consumer with information from the Agency's website that | ||||||
4 | provides information detailing where and how a consumer can | ||||||
5 | recycle a CED or return a CED for reuse. | ||||||
6 | (b) Beginning January 1, 2010, no retailer may sell or | ||||||
7 | offer for sale any computer, computer monitor, printer, or | ||||||
8 | television in or for delivery into this State unless: | ||||||
9 | (1) the computer, computer monitor, printer, or | ||||||
10 | television is labeled with a brand and the label is
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11 | permanently affixed and readily visible; and | ||||||
12 | (2) the manufacturer is registered with the Agency and | ||||||
13 | has paid the required registration fee as required under | ||||||
14 | Section 20 of this Act. | ||||||
15 | This subsection (b) does not apply to any computer, computer | ||||||
16 | monitor, printer, or television that was purchased prior to | ||||||
17 | January 1, 2010. | ||||||
18 | (b-5) A retailer shall be considered to have complied with | ||||||
19 | subsection (b) if: | ||||||
20 | (1) a manufacturer registers with the Agency within 30 | ||||||
21 | days of a retailer taking possession of the manufacturer's | ||||||
22 | CED; | ||||||
23 | (2) a manufacturer's registration expires and the | ||||||
24 | manufacturer is listed as non-compliant on the Agency's | ||||||
25 | website and the retailer ordered the CED prior to the | ||||||
26 | posting, the retailer may sell the CED, but only if the |
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1 | sale takes place within 180 days of the posting; or | ||||||
2 | (3) a manufacturer is no longer conducting business and | ||||||
3 | has no successor in interest, the retailer may sell any | ||||||
4 | orphan CED ordered prior to the discontinuation of | ||||||
5 | business. | ||||||
6 | (c) By July 1, 2009, retailers shall report to each | ||||||
7 | television manufacturer, by model, the number of televisions | ||||||
8 | sold at retail to individuals in this State under each of the | ||||||
9 | manufacturer's brands during the 6-month period from October 1, | ||||||
10 | 2008 through March 31, 2009. | ||||||
11 | (d) (Blank). | ||||||
12 | (e) (Blank). | ||||||
13 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
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14 | (415 ILCS 150/57 new) | ||||||
15 | Sec. 57. Collection fee. Notwithstanding any other | ||||||
16 | provision of this Act, a retailer may collect a fee for each | ||||||
17 | CED or EED collected. Municipalities, townships, and other | ||||||
18 | unites of local government that are acting as collectors may | ||||||
19 | collect a fee for each CED or EED collected.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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