Bill Text: IL SB2106 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.

Spectrum: Moderate Partisan Bill (Democrat 50-8)

Status: (Passed) 2011-08-10 - Public Act . . . . . . . . . 97-0287 [SB2106 Detail]

Download: Illinois-2011-SB2106-Amended.html

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Rep. Daniel Biss

Filed: 5/3/2011

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AMENDMENT TO SENATE BILL 2106
AMENDMENT NO. ______. Amend Senate Bill 2106 by replacing
everything after the enacting clause with the following:
"Section 5. The Electronic Products Recycling and Reuse Act
is amended by changing Sections 5, 10, 15, 20, 30, 50, 55, 60,
65, 80, and 95 as follows:
(415 ILCS 150/5)
Sec. 5. Findings and purpose.
(a) The General Assembly finds all of the following:
(1) Electronic products are the fastest growing
portion of the solid waste stream. In 2007, 3,000,000 2005,
2,600,000 tons of electronic products became obsolete yet
only 14% 13% of those products were recycled.
(2) Many electronic products contain lead, mercury,
cadmium, hexavalent chromium, and other materials that
pose environmental and health risks that must be managed.

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(3) Obsolete Many obsolete electronic products can be
recycled or refurbished for reuse and then returned to the
economic mainstream in the form of raw materials or
products.
(4) Electronic products contain metals, plastics, and
leaded glass, and other valuable materials that may be
resold for reuse in new products have resale value. The
reuse of these materials components conserves natural
resources and energy. The reuse of these materials also ,
and the reuse also reduces air and water pollution and the
air pollution associated with greenhouse gas emissions.
(5) The A management of obsolete residential products
is necessary to prioritize place the reuse and recycling of
these obsolete residential electronic products as the
preferred management strategy over incineration and
landfill disposal.
(6) The 2010 Recycling Economic Information Study
Update for Illinois estimates that the total economic
impact of recycling and reusing obsolete electronic
products resulted in the creation of nearly 8,000 jobs and
$622 million in annual receipts. The Illinois Recycling
Economic Information Study of 2001 estimates that the total
economic impact of establishing statewide recycling and
reuse programs for residential electronic products may
result in the creation of nearly 4,000 new jobs and $740
million in annual receipts.

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(7) The State-appointed Computer Equipment Disposal
and Recycling Commission issued a final report in May 2006
recommending legislative, regulatory, or other actions to
properly address the recycling and reuse of obsolete
residential electronic products.
(b) The purpose of this Act is to set forth procedures by
which the recycling and processing for reuse of covered
electronic devices will be accomplished in Illinois.
(Source: P.A. 95-959, eff. 9-17-08.)
(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

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(PDA), MP3 player, or other similar device. "Computer" does not
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

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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 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.
(3) "Tablet 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.

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Human interface with a tablet computer is achieved through
a touch-screen and video display screen greater than 6
inches in size (all of which are contained within the unit
that comprises the tablet computer). Tablet computers may
use an external or internal power source. "Tablet computer"
does not include a portable hand-held calculator, a
portable digital assistant, or a similar specialized
device.
"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, electronic keyboard,
facsimile machine, videocassette recorder, portable digital
music player that has memory capability and is battery powered,
digital video disc player, video game console, electronic
mouse, scanner, digital converter box, cable receiver,
satellite receiver, digital video disc recorder, or small scale
server sold at retail and 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:
(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,

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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", as defined by the Illinois
Department of Human Services, Division of Developmental
Disabilities Program Manual, means having mental retardation
or a related condition. For the purposes of this Act:
(1) "Mental retardation" means significantly
subaverage general intellectual functioning as well as
deficits in adaptive behavior that manifested before age
18. A person's general intellectual functioning is

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significantly subaverage if that person has an
intelligence quotient (IQ) of 70 or below on standardized
measures of intelligence. This upper limit, however, may be
extended upward depending on the reliability of the
intelligence test used.
(2) "Related condition" means a severe, chronic
disability that (i) is attributable to cerebral palsy,
epilepsy, or any other condition, other than mental
illness, (ii) is found to be closely related to mental
retardation because the condition results in impairment of
general intellectual functioning or adaptive behavior
similar to that of a person with mental retardation, and
(iii) requires treatment or services similar to those
required for persons with mental retardation. 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 "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 sold at retail and taken out of
service from a residence in this State regardless of purchase
location: mobile telephone; computer cable, mouse, or

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keyboard; stand-alone facsimile machine; MP3 player; portable
digital assistant (PDA); or 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 computer, computer
monitor, television, printer, electronic keyboard, facsimile
machine, videocassette recorder, portable digital music
player, digital video disc player, video game console,
electronic mouse, scanner, digital converter box, cable
receiver, satellite receiver, digital video disc recorder, or
small scale server CED is or was sold at retail. For any of the
aforementioned electronic devices 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 any of the
aforementioned electronic devices the CED, the person who
produced the device the CED or his or her successor in interest
is the manufacturer. For any of the aforementioned electronic

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devices CEDs sold that were at retail under the brand or label
of both the retail seller and the person that produced the
device the CED, the person that produced the device the CED, or
his or her successor in interest, is the manufacturer. A retail
seller of any of the aforementioned electronic devices CEDs may
elect to be the manufacturer of one or more of the
aforementioned electronic devices CEDs if the retail seller
provides written notice to the Agency that it is accepting
responsibility as the manufacturer of the device the CED under
this Act and identifies any of the aforementioned electronic
devices 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

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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
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. "Processing for reuse" includes the
collection and transportation of CEDs or EEDs.
"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

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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.
"Recycling coordinator" means the person designated by
each county waste management plan to administer the county
recycling program, as set forth in the Solid Waste Management
Act.
"Refurbisher" means any person who processes CEDs or EEDs
for reuse, but does not include telecommunications carriers,
telecommunications manufacturers, or commercial mobile service
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, printers, or televisions, electronic
keyboards, facsimile machines, videocassette recorders,
portable digital music players, digital video disc players,
video game consoles, electronic mice, scanners, digital
converter boxes, cable receivers, satellite receivers, digital
video disc recorders, or small scale servers 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, electronic keyboards, facsimile machines,

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videocassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic
mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, or
small-scale servers 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.
"Small-scale server" means a computer that typically uses
desktop components in a desktop form designed primarily to
serve as a storage host for other computers. To be considered a
small-scale server, a computer must: be designed in a pedestal,
tower, or other form that is similar to that of a desktop
computer so that all data processing, storage, and network
interfacing is contained within one box or product; be designed
to be operational 24 hours per day and 7 days per week; have
very little unscheduled downtime (on the order of hours per
year); be capable of operating in a simultaneous multi-user
environment serving several users through networked client
units; and be designed for an industry accepted operating
system for home or low-end server applications.
"Television" means an electronic device (i) containing a
cathode-ray tube or flat panel screen the size of which is

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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.
"Underserved counties" means those counties so identified
in Section 60.
(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
(415 ILCS 150/15)
Sec. 15. Statewide recycling and reuse goals for all
covered electronic devices.
(a) For program year 2010, the statewide recycling or reuse
goal for all CEDs is the product of: (i) the latest population
estimate for the State, as published on the U.S. Census
Bureau's website on January 1, 2010; multiplied by (ii) 2.5
pounds per capita.
(b) For program year 2011, the statewide recycling or reuse
goal for all CEDs is the product of: (i) the 2010 base weight;
multiplied by (ii) the 2010 goal attainment percentage.
For the purposes of this subsection (b):
The "2010 base weight" means the greater of: (i) twice the
total weight of all CEDs that were recycled or processed for
reuse between January 1, 2010 and June 30, 2010 as reported to
the Agency under subsection (i) or (j) of Section 30; or (ii)
twice the total weight of all CEDs that were recycled or

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processed for reuse between January 1, 2010 and June 30, 2010
as reported to the Agency under subsection (c) of Section 55.
The "2010 goal attainment percentage" means:
(1) 90% if the 2010 base weight is less than 90% of the
statewide recycling or reuse goal for program year 2010;
(2) 95% if the 2010 base weight is 90% or greater, but
does not exceed 95%, of the statewide recycling or reuse
goal for program year 2010;
(3) 100% if the 2010 base weight is 95% or greater, but
does not exceed 105%, of the statewide recycling or reuse
goal for program year 2010;
(4) 105% if the 2010 base weight is 105% or greater,
but does not exceed 110%, of the statewide recycling or
reuse goal for program year 2010; and
(5) 110% if the 2010 base weight is 110% or greater of
the statewide recycling or reuse goal for program year
2010.
(c) For program year years 2012 and for each of the
following categories of electronic devices, each manufacturer
shall recycle or reuse at least 40% of the total weight of the
electronic devices that the manufacturer sold in that category
in Illinois during the calendar year beginning January 1, 2010:
computers, monitors, televisions, printers, electric
keyboards, facsimile machines, video cassette recorders,
portable digital music players, digital video disc players,
video game consoles, electronic mice, scanners, digital

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converter boxes, cable receivers, satellite receivers, digital
video disc recorders, and small scale servers. To determine the
manufacturer's annual recycling or reuse goal, the
manufacturer shall use its own Illinois sales data or its own
national sales data proportioned to Illinois' share of the U.S.
population, based on the U.S. Census population estimate for
2009.
(c-5) For program year 2013 and thereafter and for each of
the following categories of electronic devices, each
manufacturer shall recycle or reuse at least 50% of the total
weight of the electronic devices that the manufacturer sold in
that category in Illinois during the calendar year 2 years
before the applicable program year: computers, monitors,
televisions, printers, electric keyboards, facsimile machines,
video cassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic
mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, and small
scale servers. To determine the manufacturer's annual
recycling or reuse goal, the manufacturer shall use its own
Illinois sales data or its own national sales data proportioned
to Illinois' share of the U.S. population, based on the most
recent U.S. Census data. and thereafter, the statewide
recycling or reuse goal for all CEDs is the product of: (i) the
base weight; multiplied by (ii) the goal attainment percentage.
For the purposes of this subsection (c):

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The "base weight" means the greater of: (i) the total
weight of all CEDs recycled or processed for reuse during the
previous program year as reported to the Agency under
subsection (k) or (l) of Section 30; or (ii) the total weight
of all CEDs recycled or processed for reuse during the previous
program year as reported to the Agency under subsection (d) of
Section 55.
The "goal attainment percentage" means:
(1) 90% if the base weight is less than 90% of the
statewide recycling or reuse goal for the previous program
year;
(2) 95% if the base weight is 90% or greater, but does
not exceed 95%, of the statewide recycling or reuse goal
for the previous program year;
(3) 100% if the base weight is 95% or greater, but does
not exceed 105%, of the statewide recycling or reuse goal
for the previous program year;
(4) 105% if the base weight is 105% or greater, but
does not exceed 110%, of the statewide recycling or reuse
goal for the previous program year; and
(5) 110% if the base weight is 110% or greater of the
statewide recycling or reuse goal for the previous program
year.
(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/20)

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Sec. 20. Agency responsibilities.
(a) The Agency has the authority to monitor compliance with
this Act, enforce violations of the Act by administrative
citation, and to refer violations of this Act to the Attorney
General.
(b) No later than October 1 of each program year, the
Agency shall post on its website a list of underserved counties
in the State for the next program year. The list of underserved
counties for program years 2010 and 2011 the first program year
is set forth in subsection (a) of Section 60.
(c) From By July 1, 2009 until December 31, 2015, the
Agency shall implement a county and municipal government
education campaign to inform those entities about this Act and
the implications on solid waste collection in their localities.
(c-5) No later than February 1, 2012 and every February 1
thereafter, the Agency shall use a portion of the manufacturer,
recycler, and refurbisher registration fees to provide a $2,000
grant to the recycling coordinator in each county of the State
in order to inform residents in each county about this Act and
opportunities to recycle CEDs and EEDs. The recycling
coordinator shall expend the $2,000 grant before December 31 of
the program year in which the grant is received. The recycling
coordinator shall maintain records that document the use of the
grant funds.
(c-10) By June 15, 2012 and by December 15, 2012, and by
every June 15 and December 15 thereafter through December 15,

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2015, the Agency shall meet with associations that represent
Illinois retail merchants twice each year to discuss compliance
with Section 40.
(c-15) By December 15, 2012 and each December 15
thereafter, the Agency shall post on its website: (i) the
mailing address of each collection site at which collectors
collected CEDs during the program year and (ii) the amount in
pounds of each CED collected at the collection site during the
program year.
(d) By July 1, 2011 for the first program year, and by May
15 April 1 for all subsequent program years, the Agency shall
report to the Governor and to the General Assembly annually on
the previous program year's performance. The report must be
posted on the Agency's website. The report must include, but
not be limited to, the following:
(1) the total overall weight of CEDs, as well as the
sub-total weight of computers, the sub-total weight of
computer monitors, the sub-total weight of printers, the
sub-total weight of televisions, and the total weight of
EEDs that were recycled or processed for reuse in the State
during the program year, as reported by manufacturers and
collectors under Sections 30 and 55;
(2) a listing of all collection sites, as set forth
under subsection (a) (e) of Section 55, and the addresses
of those sites;
(3) a statement showing, for the preceding program

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year, (i) the total weight of CEDs and EEDs collected,
recycled, and processed for reuse by the manufacturers
pursuant to Section 30, (ii) the total weight of CEDs
processed for reuse by the manufacturers, and (iii) the
total weight of CEDs collected by the collectors of the
manufacturers' progress toward achieving the statewide
recycling goal set forth in Section 15 (calculated from the
manufacturer reports pursuant to Section 30 and the
collector reports pursuant to Section 55) and any
identified State actions that may help expand collection
opportunities to help manufacturers achieve the statewide
recycling goal;
(4) a listing of all entities or persons to any
manufacturers whom the Agency issued an administrative
citation or with respect to which the Agency made a
referral for enforcement referred to the Attorney
General's Office for enforcement as a result of a violation
of this Act;
(5) a discussion of the Agency's education and outreach
activities as set forth in subsection (c) of this Section;
and
(6) a discussion of the penalties, if any, incurred by
manufacturers for failure to achieve recycling goals, and a
recommendation to the General Assembly of any necessary or
appropriate changes to the manufacturers' statewide
recycling goals, manufacturer's recycling goals, or

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penalty provisions included in this Act.
(e) The Agency shall post on its website: (1) a list of
manufacturers that have paid the current year's registration
fee as set forth in subsection (b) of Section 30; (2) a list of
manufacturers that failed to pay the current year's
registration fee as set forth in subsection (b) of Section 30;
and (3) Section 30(b) and (2) a list of registered collectors,
the addresses of their collection sites, their business
telephone numbers, and a link to their websites. to whom
Illinois residents can bring CEDs and EEDs for recycling or
processing for reuse, including links to the collectors'
websites and the collectors' phone numbers.
(f) In program years 2012, 2013, and 2014, and at its
discretion thereafter, the Agency shall convene and host an
Electronic Products Recycling Conference. The Agency may host
the conferences alone or with other public entities or with
organizations associated with electronic products recycling.
(g) No later than October 1 of each program year, the
Agency must post on its website the following information for
the next program year: (i) the individual recycling and reuse
goals for each manufacturer, as set forth in subsections (c)
and (c-5) of Section 15, as applicable, and (ii) the total
statewide recycling goal, determined by adding each individual
manufacturer's annual goal.
(1) The overall statewide recycling and reuse goal for
CEDs, as well as the sub-goals for televisions, and

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computers, computer monitors, and printers as set forth in
Section 15.
(2) The market shares of television manufacturers and
the return shares of computer, computer monitor, and
printer manufacturers, as set forth in Section 18, and
(3) The individual recycling and reuse goals for each
manufacturer, as set forth in Section 19.
(h) By April 1, 2011, and by April 1 of all subsequent
years, the Agency shall award recognize those manufacturers
that have met or exceeded their recycling or reuse goals for
the previous program year with . Such recognition shall be the
awarding to all such manufacturers of an Electronic Industry
Recycling Award. The award shall acknowledge that the
manufacturer has met or exceeded its recycling goals and shall
be posted , which shall be recognized on the Agency website and
in other media as appropriate.
(i) By March 1, 2011, and by March 1 of each subsequent
year, the Agency shall post on its website a list of registered
manufacturers that have not met their annual recycling and
reuse goal for the previous program year.
(j) By July 1, 2015 2012, the Agency shall solicit written
comments regarding all aspects of the program codified in this
Act, for the purpose of determining if the program requires any
modifications.
(1) Issues to be reviewed by the Agency are, but not
limited to, the following:

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(A) Sufficiency of the annual statewide recycling
goals.
(B) Fairness of the formulas used to determine
individual manufacturer goals.
(C) Adequacy of, or the need for, continuation of
the credits outlined in Section 30(d)(1) through (3).
(D) Any temporary rescissions recissions of county
landfill bans granted by the Illinois Pollution
Control Board pursuant to Section 95(e).
(E) Adequacy of, or the need for, the penalties
listed in Section 80 of this Act, which are scheduled
to take effect on January 1, 2013.
(F) Adequacy of the collection systems that have
been implemented as a result of this Act, with a
particular focus on promoting the most cost-effective
and convenient collection system possible for Illinois
residents.
(2) By July 1, 2015 2012, the Agency shall complete its
review of the written comments received, as well as its own
reports on the preceding program years 2010 and 2011. By
August 1, 2015 2012, the Agency shall hold a public hearing
to present its findings and solicit additional comments.
All additional comments shall be submitted to the Agency in
writing no later than October 1, 2015 2012.
(3) The Agency's final report, which shall be issued no
later than February 1, 2016 2013, shall be submitted to the

09700SB2106ham001 - 24 - LRB097 07435 JDS 55036 a
Governor and the General Assembly and shall include
specific recommendations for any necessary or appropriate
modifications to the program.
(k) Any violation of this Act shall be enforceable by
administrative citation. Whenever the Agency personnel or
county personnel to whom the Agency has delegated the authority
to monitor compliance with this Act shall, on the basis of
direct observation, determine that any person has violated any
provision of this Act, the Agency or county personnel may issue
and serve, within 60 days after the observed violation, an
administrative citation upon that person or the entity
employing that person. Each citation shall be served upon the
person named or the person's authorized agent for service of
process and shall include the following:
(1) a statement specifying the provisions of this Act
that the person or the entity employing the person has
violated;
(2) a copy of the inspection report in which the Agency
or local government recorded the violation and the date and
time of the inspection;
(3) the penalty imposed under Section 80; and
(4) an affidavit by the personnel observing the
violation, attesting to their material actions and
observations.
(l) If the person named in the administrative citation
fails to petition the Illinois Pollution Control Board for

09700SB2106ham001 - 25 - LRB097 07435 JDS 55036 a
review within 35 days after the date of service, the Board
shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation and shall impose the penalty specified in Section
80.
(m) If a petition for review is filed with the Board to
contest an administrative citation issued under this Section,
the Agency or unit of local government shall appear as a
complainant at a hearing before the Board to be conducted
pursuant to subsection (n) of this Section at a time not less
than 21 days after notice of the hearing has been sent by the
Board to the Agency or unit of local government and the person
named in the citation. In those hearings, the burden of proof
shall be on the Agency or unit of local government. If, based
on the record, the Board finds that the alleged violation
occurred, it shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation, and shall impose the penalty specified in Section
80 of this Act. However, if the Board finds that the person
appealing the citation has shown that the violation resulted
from uncontrollable circumstances, the Board shall adopt a
final order that makes no finding of violation and imposes no
penalty.
(n) All hearings under this Act shall be held before a
qualified hearing officer, who may be attended by one or more
members of the Board, designated by the Chairman. All of these

09700SB2106ham001 - 26 - LRB097 07435 JDS 55036 a
hearings shall be open to the public, and any person may submit
written statements to the Board in connection with the subject
of these hearings. In addition, the Board may permit any person
to offer oral testimony. Any party to a hearing under this
subsection may be represented by counsel, make oral or written
argument, offer testimony, cross-examine witnesses, or take
any combination of those actions. All testimony taken before
the Board shall be recorded stenographically. The transcript so
recorded and any additional matter accepted for the record
shall be open to public inspection, and copies of those
materials shall be made available to any person upon payment of
the actual cost of reproducing the original.
(o) Counties that have entered into a delegation agreement
with the Agency pursuant to subsection (r) of Section 4 of the
Illinois Environmental Protection Act for the purpose of
conducting inspection, investigation, or enforcement-related
functions may conduct inspections for noncompliance with this
Act.
(Source: P.A. 95-959, eff. 9-17-08; 96-328, eff. 8-11-09.)
(415 ILCS 150/30)
Sec. 30. Manufacturer responsibilities.
(a) Prior to April 1, 2009 for the first program year, and
by October 1 for program year 2011 and each program year
thereafter, manufacturers who sell whose computers, computer
monitors, printers, or televisions, electronic keyboards,

09700SB2106ham001 - 27 - LRB097 07435 JDS 55036 a
facsimile machines, videocassette recorders, portable digital
music players, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc recorders,
or small-scale servers 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,
electronic keyboards, facsimile machines, videocassette
recorders, portable digital music players, digital video
disc players, video game consoles, electronic mice,
scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, and
small scale servers to be offered for sale in the next
program year;
(2) (blank) 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 of the
manufacturer's computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,

09700SB2106ham001 - 28 - LRB097 07435 JDS 55036 a
videocassette recorders, portable digital music players,
digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc
recorders, or small scale servers computer, computer
monitor, printer, or television sold in this State exceed
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
Parliament and Council and any amendments thereto and, if
so, an identification of the aforementioned electronic
device that exceeds the directive 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, any of the a manufacturer's
aforementioned electronic devices are computer, computer
monitor, printer, or television is sold or offered for sale in
Illinois 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.

09700SB2106ham001 - 29 - LRB097 07435 JDS 55036 a
(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, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic
mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, or small
scale servers are offered for sale 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. The
registration fee for program year 2011 is $5,000, increased by
the applicable inflation factor as described below. In program
year 2012, if, in program year 2011, a manufacturer sold 250 or
fewer of the aforementioned electronic devices in the State,
then the registration fee for that manufacturer is $1,250. In
each program year after 2012, if, in the preceding program
year, a manufacturer sold 250 or fewer of the aforementioned
electronic devices in the State, then the registration fee is
the fee that applied in the previous year to manufacturers that
sold that number of the aforementioned electronic devices,
increased by the applicable inflation factor as described
below. In program year 2012, if, in the preceding program year
a manufacturer sold 251 or more of the aforementioned
electronic devices in the State, then the registration fee for

09700SB2106ham001 - 30 - LRB097 07435 JDS 55036 a
that manufacturer is $5,000. In each program year after 2012,
if, in the preceding program year, a manufacturer sold 251 or
more of the aforementioned electronic devices in the State,
then the registration fee is the fee that applied in the
previous year to manufacturers that sold that number of the
aforementioned electronic devices, increased by the applicable
inflation factor as described below. For program year years
2011, program year 2013, and each program year thereafter
later, the applicable 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) A manufacturer whose computers, computer monitors,
printers, or televisions, electronic keyboards, facsimile
machines, videocassette recorders, portable digital music
players, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable

09700SB2106ham001 - 31 - LRB097 07435 JDS 55036 a
receivers, satellite receivers, digital video disc recorders,
or small scale servers are first sold or offered for sale in
this State on or after January 1 of a program year must
register with the Agency within 30 days after the first sale or
offer for sale in accordance with subsection (a) of this
Section and submit the registration fee required under
subsection (b) of this Section prior to the aforementioned
electronic devices 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 15 Section 19 of this Act. Individual consumers shall
may not be charged a 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
its individual recycling and reuse goal set forth in Section 15
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 for reuse

09700SB2106ham001 - 32 - LRB097 07435 JDS 55036 a
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 the majority of
whose students are considered low income or
developmentally disabled 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
documentation must be submitted in the annual report
required under subsection (h), (i), (j), (k), or (l) of

09700SB2106ham001 - 33 - LRB097 07435 JDS 55036 a
Section 30.
(4) If an entity (i) collects, recycles, or refurbishes
CEDs for a manufacturer, (ii) qualifies for non-profit
status under Section 501(c)(3) of the Internal Revenue Code
of 1986, and (iii) at least 75% of its employees are
developmentally disabled, then the total weight of CEDs
will be tripled. A manufacturer that uses such a recycler
or refurbisher shall submit documentation in the annual
report required under Section 30 identifying the name,
location, and length of service of the entity that
qualifies for credit under this subsection.
(e) (Blank). 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;

09700SB2106ham001 - 34 - LRB097 07435 JDS 55036 a
(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
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

09700SB2106ham001 - 35 - LRB097 07435 JDS 55036 a
this Act. By November 1, 2011 and every November 1 thereafter,
manufacturers shall submit a document, as prescribed by the
Agency, listing each registered recycler and refurbisher that
will be used to meet the manufacturer's annual CED recycling
and reuse goal and certifying that those recyclers or
refurbishers comply with the standards set forth in subsection
(d) of Section 50.
(h) By September 1, 2012 and every September 1 thereafter
August 15, 2009, television manufacturers of computers,
computer monitors, printers, televisions, electronic
keyboards, facsimile machines, videocassette recorders,
portable digital music players, digital video disc players,
video game consoles, electronic mice, scanners, digital
converter boxes, cable receivers, satellite receivers, digital
video disc recorders, or small scale servers shall submit to
the Agency, in the form and manner required by the Agency, a
report that contains the total weight of the aforementioned
electronic devices televisions sold under each of the
manufacturer's brands to individuals at retail in this State as
calculated under subsection (c) and (c-5) of Section 15, as
applicable. Each manufacturer shall indicate on the report
whether the total weight of the aforementioned electronic
devices was derived from its own sales records or national
sales data. If a manufacturer's weight for aforementioned
electronic devices is derived from national sales data, the
manufacturer shall indicate the source of the sales data. , as

09700SB2106ham001 - 36 - LRB097 07435 JDS 55036 a
set forth in the reports to manufacturers by retailers under
subsection (c) of Section 40.
(i) (Blank). No later than September 1, 2010, television
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:
(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.
(2) 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.
(j) (Blank). By August 15, 2010, computer, computer

09700SB2106ham001 - 37 - LRB097 07435 JDS 55036 a
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) (Blank). 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

09700SB2106ham001 - 38 - LRB097 07435 JDS 55036 a
U.S. census data.
(2) 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 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 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 summary of the manufacturer's consumer education
program required under subsection (m) of this Section.
(l) On or before January 31, 2013 and on or before every
January 31 No later than April 1 of program years 2011 and
thereafter, computer, computer monitor, and printer
manufacturers of computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic
mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, and small
scale servers shall submit to the Agency, on forms and in a

09700SB2106ham001 - 39 - LRB097 07435 JDS 55036 a
format prescribed by the Agency, a report that contains all of
the following information for the previous program year:
(1) The the total weight of computers, the total weight
of computer monitors, the total weight of printers, the
total weight of televisions, the total weight of electronic
keyboards, the total weight of facsimile machines, the
total weight of videocassette recorders, the total weight
of portable digital music players, the total weight of
digital video disc players, the total weight of video game
consoles players, the total weight of electronic mice, the
total weight of scanners, the total weight of digital
converter boxes, the total weight of cable receivers, the
total weight of satellite receivers, the total weight of
digital video disc recorders, the total weight of small
scale servers, and the total weight of EEDs recycled or
processed for reuse. ;
(2) 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. ;
(3) 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 subsections subsection (c) and (c-5) of Section 15
of this Act. ; and

09700SB2106ham001 - 40 - LRB097 07435 JDS 55036 a
(4) A 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, 2012 2010, no manufacturer may
sell a computer, computer monitor, printer, or television,
electronic keyboard, facsimile machine, videocassette
recorder, portable digital music player, digital video disc
player, video game console, electronic mouse, scanner, digital
converter box, cable receiver, satellite receiver, digital
video disc recorder, or small scale server 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.
(o) Beginning January 1, 2012 2010, no manufacturer may
sell a computer, computer monitor, printer, or television,
electronic keyboard, facsimile machine, videocassette
recorder, portable digital music player, digital video disc
player, video game console, electronic mouse, scanner, digital
converter box, cable receiver, satellite receiver, digital
video disc recorder, or small scale server in this State unless

09700SB2106ham001 - 41 - LRB097 07435 JDS 55036 a
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; 96-1154, eff. 7-21-10.)
(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
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

09700SB2106ham001 - 42 - LRB097 07435 JDS 55036 a
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. Neither a
registered recycler nor a refurbisher may charge individual
consumers 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 a similar method 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,

09700SB2106ham001 - 43 - LRB097 07435 JDS 55036 a
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
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

09700SB2106ham001 - 44 - LRB097 07435 JDS 55036 a
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
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

09700SB2106ham001 - 45 - LRB097 07435 JDS 55036 a
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
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

09700SB2106ham001 - 46 - LRB097 07435 JDS 55036 a
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
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

09700SB2106ham001 - 47 - LRB097 07435 JDS 55036 a
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
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

09700SB2106ham001 - 48 - LRB097 07435 JDS 55036 a
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
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

09700SB2106ham001 - 49 - LRB097 07435 JDS 55036 a
that uses or subcontracts for the use of prison labor.
(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
(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
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) By January 31 No later than May 1 of each program year,
collectors must submit to the Agency, on forms and in a format

09700SB2106ham001 - 50 - LRB097 07435 JDS 55036 a
prescribed by the Agency, a report that contains the following
information for the previous program year:
(1) The the total weight of individual CEDs collected
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 previous program year.
(2) A 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 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.
(f) No collector of CEDs and EEDs may recycle, or refurbish
for reuse or resale, CEDs or EEDs to a third-party unless the
collector registers as a recycler or refurbisher pursuant to
Section 50 and pays the registration fee pursuant to Section
50.
(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
(415 ILCS 150/60)

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Sec. 60. Collection strategy for underserved counties.
(a) For program year 2010 and 2011, all counties in this
State except the following are considered underserved:
Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock,
Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston,
Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock
Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren,
Will, Williamson, and Winnebago.
(b) For program year 2012 and each program year thereafter
underserved counties shall be those counties within the State
of Illinois with a population density of 190 persons or less
per square mile based on the most recent U.S. Census population
estimate. For program years 2011 and later, underserved
counties shall be counties in this State that, during the
program year 2 years prior, were not served by a minimum of one
collection site that (i) accepted all types of CEDs and EEDs
and (ii) was open for a minimum of 8 hours on at least one day
per month of that program year. For the purposes of this
subsection (b), 2009 shall be considered to have been a program
year, and for the program year 2012 the determination of
whether a county is underserved shall be based on the criteria
of this subsection (b) instead of the county's inclusion in the
list set forth in subsection (a) of this Section.
(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/65)

09700SB2106ham001 - 52 - LRB097 07435 JDS 55036 a
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, electronic keyboards,
facsimile machines, videocassette recorders, portable digital
music players that have memory capability and are battery
powered, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable or
satellite receivers, digital video disc recorders, or
small-scale servers by State agencies under a statewide master
contract require that those items the televisions have a Bronze
performance tier or higher registration under EPEAT if the
Department determines that there are an adequate number of
those items 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; 96-1154, eff. 7-21-10.)

09700SB2106ham001 - 53 - LRB097 07435 JDS 55036 a
(415 ILCS 150/80)
Sec. 80. Penalties.
(a) Except as otherwise provided in this Act, any person
who violates any provision of this Act or fails to perform any
duty under this Act is liable for a civil penalty not to exceed
of $7,000 $1,000 for the violation and an additional civil
penalty not to exceed $1,000 for each day the violation
continues and is liable for a civil penalty not to exceed
$5,000 for a second or subsequent violation and an additional
civil penalty not to exceed $1,000 for each day the second or
subsequent violation continues.
(b) A manufacturer that is not registered with the Agency
as required under this Act, or that has not paid the
registration fee as required under this Act, is liable for a
civil penalty not to exceed $10,000 for the violation and an
additional civil penalty not to exceed $10,000 for each day the
violation continues.
(c) A manufacturer in violation of subsection (d) of
Section 30 of this Act in program year 2012 or thereafter is
liable for a civil penalty equal to the following:
(1) In program year 2012, if the total weight of CEDs
and EEDs recycled or processed for reuse by the
manufacturer is less than 50% 60% of the manufacturer's
individual recycling or reuse goal set forth in subsection
(c) of Section 15 Section 19 of this Act, the manufacturer

09700SB2106ham001 - 54 - LRB097 07435 JDS 55036 a
shall pay a penalty equal to the product of: (i) $0.70 per
pound; multiplied by (ii) the difference between the
manufacturer's individual recycling or reuse goal and the
total weight of CEDs and EEDs recycled or processed for
reuse by the manufacturer during the program year.
(2) In program year 2013, and each year thereafter, if
the total weight of CEDs and EEDs recycled or processed for
reuse by the manufacturer is less than 60% 75% of the
manufacturer's individual recycling or reuse goal set
forth in subsection (c-5) of Section 15 Section 19 of this
Act, the manufacturer shall pay a penalty equal to the
product of: (i) $0.70 per pound; multiplied by (ii) the
difference between the manufacturer's individual recycling
or reuse goal and the total weight of CEDs and EEDs
recycled or processed for reuse by the manufacturer during
the program year.
(3) In program year 2014, and each year thereafter, if
the total weight of CEDs and EEDs recycled or processed for
reuse by the manufacturer is less than 70% of the
manufacturer's individual recycling or reuse goal set
forth in subsection (c-5) of Section 15 of this Act, the
manufacturer shall pay a penalty equal to the product of:
(i) $0.70 per pound; multiplied by (ii) the difference
between the manufacturer's individual recycling or reuse
goal and the total weight of CEDs and EEDs recycled or
processed for reuse by the manufacturer during the program

09700SB2106ham001 - 55 - LRB097 07435 JDS 55036 a
year.
(d) A Beginning January 1, 2010, a manufacturer in
violation of subsection (e), (h), (i), (j), (k), or (l), or (m)
of Section 30 is liable for a civil penalty not to exceed
$5,000 for the violation.
(e) Any person in violation of Section 50 of this Act is
liable for a civil penalty not to exceed $5,000 for the
violation.
(f) A knowing violation of subsections (a) and (c) of
Section 95 of this Act by anyone other than a residential
consumer is a petty offense punishable by a fine of $500. A
knowing violation of subsections (a) and (c) of Section 95 of
this Act by a residential consumer is a petty offense
punishable by a fine of $25 for a first violation; however, a
subsequent violation by a residential consumer is a petty
offense punishable by a fine of $50 $100.
(g) The penalties provided for in this Act may be recovered
in a civil action brought by the Attorney General in the name
of the People of the State of Illinois. Any moneys collected
under this Section in which the Attorney General has prevailed
may be deposited into the Electronic Recycling Fund,
established under this Act.
(h) The Attorney General, at the request of the Agency or
on his or her own motion, may institute a civil action for an
injunction, prohibitory or mandatory, to restrain violations
of this Act or to require such actions as may be necessary to

09700SB2106ham001 - 56 - LRB097 07435 JDS 55036 a
address violations of this Act.
(i) The penalties and injunctions provided in this Act are
in addition to any penalties, injunctions, or other relief
provided under any other law. Nothing in this Act bars a cause
of action by the State for any other penalty, injunction, or
relief provided by any other law.
(j) The fine associated with the administrative citations
set forth in subsection (k) of Section 20 shall be limited to
$1,000. Administrative citations may be used to enforce
violation of the landfill ban subject to fines set forth in
subsection (f) of this Section.
(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/95)
Sec. 95. Landfill ban.
(a) Except as may be provided pursuant to subsection (e) of
this Section, and beginning January 1, 2012, no person may
knowingly cause or allow the mixing of a CED, or any other
computer, computer monitor, printer, or television, electronic
keyboard, facsimile machine, videocassette recorder, portable
digital music player, digital video disc player, video game
console, electronic mouse, scanner, digital converter box,
cable receiver, satellite receiver, digital video disc
recorder, or small scale server with municipal waste that is
intended for disposal at a landfill.
(b) Except as may be provided pursuant to subsection (e) of

09700SB2106ham001 - 57 - LRB097 07435 JDS 55036 a
this Section, and beginning January 1, 2012, no person may
knowingly cause or allow the disposal of a CED or any other
computer, computer monitor, printer, or television, electronic
keyboard, facsimile machine, videocassette recorder, portable
digital music player, digital video disc player, video game
console, electronic mouse, scanner, digital converter box,
cable receiver, satellite receiver, digital video disc
recorder, or small scale server in a sanitary landfill.
(c) Beginning January 1, 2012, no person may knowingly
cause or allow the mixing of a CED, or any other computer,
computer monitor, printer, or television, electronic keyboard,
facsimile machine, videocassette recorder, portable digital
music player, digital video disc player, video game console,
electronic mouse, scanner, digital converter box, cable
receiver, satellite receiver, digital video disc recorder, or
small scale server with waste that is intended for disposal by
burning or incineration.
(d) Beginning January 1, 2012, no person may knowingly
cause or allow the burning or incineration of a CED, or any
other computer, computer monitor, printer, or television,
electronic keyboard, facsimile machine, videocassette
recorder, portable digital music player, digital video disc
player, video game console, electronic mouse, scanner, digital
converter box, cable receiver, satellite receiver, digital
video disc recorder, or small scale server.
(e) Beginning April 1, 2012 but no later than December 31,

09700SB2106ham001 - 58 - LRB097 07435 JDS 55036 a
2013, the Illinois Pollution Control Board (Board) is
authorized to review temporary CED landfill ban waiver
petitions by county governments or municipal joint action
agencies (action agencies) and determine whether the
respective county's or action agency's jurisdiction may be
granted a temporary CED landfill ban waiver due to a lack of
funds and a lack of collection opportunities to collect CEDs
and EEDs within the county's or action agency's jurisdiction.
If the Board grants a waiver under this subsection (e),
subsections (a) and (b) of this Section shall not apply to CEDs
and EEDs that are taken out of service from residences within
the jurisdiction of the county or action agency receiving the
waiver and disposed of during the remainder of the program year
in which the petition is filed.
(1) The petition from the county or action agency shall
include the following:
(A) documentation of the county's or action
agency's attempts to gain funding, as well as the total
funding obtained, for the collection of CEDs and EEDs
in its jurisdiction from manufacturers or other units
of government in the State; and
(B) an assessment of other collection
opportunities in the county's or action agency's
jurisdiction demonstrating insufficient capacity for
the anticipated volume of CEDs and EEDs for the
remainder of the program year in which the petition is

09700SB2106ham001 - 59 - LRB097 07435 JDS 55036 a
being filed.
(2) In addition to the criteria listed in item (1), the
Board shall consider the following additional criteria
when reviewing a petition:
(A) total weight of CEDs and EEDs collected in the
county's or action agency's jurisdiction during all
preceding program years;
(B) total weight of CEDs and EEDs collected in the
county's or action agency's jurisdiction during the
year in which the petition is filed; and
(C) the projected difference in weight between
prior program years and the year in which the petition
is filed.
(3) Within 60 days after the filing of the petition
with the Board, the Board shall determine, based on the
criteria in items (1) and (2), whether a temporary CED
landfill ban waiver shall be granted to the respective
county or action agency for the remainder of the program
year in which the petition is filed. The Board's decision
to grant such a waiver shall be based upon a showing by
clear and convincing evidence that a county or action
agency has a lack of funds and its respective jurisdiction
lacks sufficient collection opportunities to collect CEDs
and EEDs. If the Board denies the petition for a landfill
ban waiver, the Board's order shall be final and
immediately appealable to the circuit court having

09700SB2106ham001 - 60 - LRB097 07435 JDS 55036 a
jurisdiction over the petitioner.
(4) Within 5 days after granting a temporary CED
landfill ban waiver, the Board shall provide written notice
to the Agency of the Board's decision. The notice shall be
provided at least 15 days prior to the waiver taking
effect.
(5) Any county or action agency granted a temporary CED
landfill ban waiver shall, within 7 days after receiving
the waiver, inform all solid waste haulers and landfill
operators used by the county or action agency for solid
waste disposal that a waiver has been granted for the
remainder of the program year. The notification shall be
provided to the solid waste haulers and landfill operators
at least 15 days prior to the waiver taking effect.
(6) Between April 1, 2012 and December 31, 2013, if a
temporary CED landfill ban waiver has been granted to a
petitioner, no person disposing of a CED shall be subject
to any enforcement proceeding unless he or she disposes of
the CED with knowledge that the CED is from a county or
action agency that has not received a temporary CED
landfill ban waiver.
(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/16 rep.)
(415 ILCS 150/17 rep.)
(415 ILCS 150/18 rep.)

09700SB2106ham001 - 61 - LRB097 07435 JDS 55036 a
(415 ILCS 150/19 rep.)
Section 10. The Electronic Products Recycling and Reuse Act
is amended by repealing Sections 16, 17, 18, and 19.
Section 99. Effective date. This Act takes effect upon
becoming law.".