Bill Text: IL SB1932 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Solid Waste Management Act. Requires all State agencies to use, to the maximum extent feasible, compost materials in all land maintenance activities that are to be paid for with public funds (now, State agencies must only "give due consideration and preference to the use" of those materials). Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-07-24 - Public Act . . . . . . . . . 96-0077 [SB1932 Detail]

Download: Illinois-2009-SB1932-Enrolled.html

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SB1932 Enrolled LRB096 04479 JDS 14531 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Solid Waste Management Act is
amended by changing Section 3 as follows:
(415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
Sec. 3. State agency materials recycling program.
(a) All State agencies responsible for the maintenance of
public lands in the State shall, to the maximum extent
feasible, give due consideration and preference to the use of
compost materials in all land maintenance activities which are
to be paid with public funds.
(b) The Department of Central Management Services, in
coordination with the Department of Commerce and Economic
Opportunity, shall implement waste reduction programs,
including source separation and collection, for office
wastepaper, corrugated containers, newsprint and mixed paper,
in all State buildings as appropriate and feasible. Such waste
reduction programs shall be designed to achieve waste
reductions of at least 25% of all such waste by December 31,
1995, and at least 50% of all such waste by December 31, 2000.
Any source separation and collection program shall include, at
a minimum, procedures for collecting and storing recyclable

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materials, bins or containers for storing materials, and
contractual or other arrangements with buyers of recyclable
materials. If market conditions so warrant, the Department of
Central Management Services, in coordination with the
Department of Commerce and Economic Opportunity, may modify
programs developed pursuant to this Section.
The Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity) shall conduct
waste categorization studies of all State facilities for
calendar years 1991, 1995 and 2000. Such studies shall be
designed to assist the Department of Central Management
Services to achieve the waste reduction goals established in
this subsection.
(c) Each State agency shall, upon consultation with the
Department of Commerce and Economic Opportunity, periodically
review its procurement procedures and specifications related
to the purchase of products or supplies. Such procedures and
specifications shall be modified as necessary to require the
procuring agency to seek out products and supplies that contain
recycled materials, and to ensure that purchased products or
supplies are reusable, durable or made from recycled materials
whenever economically and practically feasible. In choosing
among products or supplies that contain recycled material,
consideration shall be given to products and supplies with the
highest recycled material content that is consistent with the
effective and efficient use of the product or supply.

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(d) Wherever economically and practically feasible, the
Department of Central Management Services shall procure
recycled paper and paper products as follows:
(1) Beginning July 1, 1989, at least 10% of the total
dollar value of paper and paper products purchased by the
Department of Central Management Services shall be
recycled paper and paper products.
(2) Beginning July 1, 1992, at least 25% of the total
dollar value of paper and paper products purchased by the
Department of Central Management Services shall be
recycled paper and paper products.
(3) Beginning July 1, 1996, at least 40% of the total
dollar value of paper and paper products purchased by the
Department of Central Management Services shall be
recycled paper and paper products.
(4) Beginning July 1, 2000, at least 50% of the total
dollar value of paper and paper products purchased by the
Department of Central Management Services shall be
recycled paper and paper products.
(e) Paper and paper products purchased from private vendors
pursuant to printing contracts are not considered paper
products for the purposes of subsection (d). However, the
Department of Central Management Services shall report to the
General Assembly on an annual basis the total dollar value of
printing contracts awarded to private sector vendors that
included the use of recycled paper.

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(f)(1) Wherever economically and practically feasible, the
recycled paper and paper products referred to in subsection
(d) shall contain postconsumer or recovered paper
materials as specified by paper category in this
subsection:
(i) Recycled high grade printing and writing paper
shall contain at least 50% recovered paper material.
Such recovered paper material, until July 1, 1994,
shall consist of at least 20% deinked stock or
postconsumer material; and beginning July 1, 1994,
shall consist of at least 25% deinked stock or
postconsumer material; and beginning July 1, 1996,
shall consist of at least 30% deinked stock or
postconsumer material; and beginning July 1, 1998,
shall consist of at least 40% deinked stock or
postconsumer material; and beginning July 1, 2000,
shall consist of at least 50% deinked stock or
postconsumer material.
(ii) Recycled tissue products, until July 1, 1994,
shall contain at least 25% postconsumer material; and
beginning July 1, 1994, shall contain at least 30%
postconsumer material; and beginning July 1, 1996,
shall contain at least 35% postconsumer material; and
beginning July 1, 1998, shall contain at least 40%
postconsumer material; and beginning July 1, 2000,
shall contain at least 45% postconsumer material.

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(iii) Recycled newsprint, until July 1, 1994,
shall contain at least 40% postconsumer material; and
beginning July 1, 1994, shall contain at least 50%
postconsumer material; and beginning July 1, 1996,
shall contain at least 60% postconsumer material; and
beginning July 1, 1998, shall contain at least 70%
postconsumer material; and beginning July 1, 2000,
shall contain at least 80% postconsumer material.
(iv) Recycled unbleached packaging, until July 1,
1994, shall contain at least 35% postconsumer
material; and beginning July 1, 1994, shall contain at
least 40% postconsumer material; and beginning July 1,
1996, shall contain at least 45% postconsumer
material; and beginning July 1, 1998, shall contain at
least 50% postconsumer material; and beginning July 1,
2000, shall contain at least 55% postconsumer
material.
(v) Recycled paperboard, until July 1, 1994, shall
contain at least 80% postconsumer material; and
beginning July 1, 1994, shall contain at least 85%
postconsumer material; and beginning July 1, 1996,
shall contain at least 90% postconsumer material; and
beginning July 1, 1998, shall contain at least 95%
postconsumer material.
(2) For the purposes of this Section, "postconsumer
material" includes:

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(i) paper, paperboard, and fibrous wastes from
retail stores, office buildings, homes, and so forth,
after the waste has passed through its end usage as a
consumer item, including used corrugated boxes, old
newspapers, mixed waste paper, tabulating cards, and
used cordage; and
(ii) all paper, paperboard, and fibrous wastes
that are diverted or separated from the municipal solid
waste stream.
(3) For the purposes of this Section, "recovered paper
material" includes:
(i) postconsumer material;
(ii) dry paper and paperboard waste generated
after completion of the papermaking process (that is,
those manufacturing operations up to and including the
cutting and trimming of the paper machine reel into
smaller rolls or rough sheets), including envelope
cuttings, bindery trimmings, and other paper and
paperboard waste resulting from printing, cutting,
forming, and other converting operations, or from bag,
box and carton manufacturing, and butt rolls, mill
wrappers, and rejected unused stock; and
(iii) finished paper and paperboard from obsolete
inventories of paper and paperboard manufacturers,
merchants, wholesalers, dealers, printers, converters,
or others.

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(g) The Department of Central Management Services may adopt
regulations to carry out the provisions and purposes of this
Section.
(h) Every State agency shall, in its procurement documents,
specify that, whenever economically and practically feasible,
a product to be procured must consist, wholly or in part, of
recycled materials, or be recyclable or reusable in whole or in
part. When applicable, if state guidelines are not already
prescribed, State agencies shall follow USEPA guidelines for
federal procurement.
(i) All State agencies shall cooperate with the Department
of Central Management Services in carrying out this Section.
The Department of Central Management Services may enter into
cooperative purchasing agreements with other governmental
units in order to obtain volume discounts, or for other reasons
in accordance with the Governmental Joint Purchasing Act, or in
accordance with the Intergovernmental Cooperation Act if
governmental units of other states or the federal government
are involved.
(j) The Department of Central Management Services shall
submit an annual report to the General Assembly concerning its
implementation of the State's collection and recycled paper
procurement programs. This report shall include a description
of the actions that the Department of Central Management
Services has taken in the previous fiscal year to implement
this Section. This report shall be submitted on or before

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November 1 of each year.
(k) The Department of Central Management Services, in
cooperation with all other appropriate departments and
agencies of the State, shall institute whenever economically
and practically feasible the use of re-refined motor oil in all
State-owned motor vehicles and the use of remanufactured and
retread tires whenever such use is practical, beginning no
later than July 1, 1992.
(l) (Blank).
(m) The Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity),
shall implement an aluminum can recycling program in all State
buildings within 270 days of the effective date of this
amendatory Act of 1997. The program shall provide for (1) the
collection and storage of used aluminum cans in bins or other
appropriate containers made reasonably available to occupants
and visitors of State buildings and (2) the sale of used
aluminum cans to buyers of recyclable materials.
Proceeds from the sale of used aluminum cans shall be
deposited into I-CYCLE accounts maintained in the State Surplus
Property Revolving Fund and, subject to appropriation, shall be
used by the Department of Central Management Services and any
other State agency to offset the costs of implementing the
aluminum can recycling program under this Section.
All State agencies having an aluminum can recycling program

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in place shall continue with their current plan. If a State
agency has an existing recycling program in place, proceeds
from the aluminum can recycling program may be retained and
distributed pursuant to that program, otherwise all revenue
resulting from these programs shall be forwarded to Central
Management Services, I-CYCLE for placement into the
appropriate account within the State Surplus Property
Revolving Fund, minus any operating costs associated with the
program.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.