Bill Text: IL SB2106 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 2106
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2106 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Electronic Products Recycling and Reuse Act | ||||||
5 | is amended by changing Sections 5, 10, 30, 55, 60, and 65 as | ||||||
6 | follows:
| ||||||
7 | (415 ILCS 150/5)
| ||||||
8 | Sec. 5. Findings and purpose. | ||||||
9 | (a) The General Assembly finds all of the following: | ||||||
10 | (1) Electronic products are the fastest growing | ||||||
11 | portion of the solid waste stream. In 2007, 3,000,000 2005, | ||||||
12 | 2,600,000 tons of electronic products became obsolete yet | ||||||
13 | only 14% 13% of those products were recycled. | ||||||
14 | (2) Many electronic products contain lead, mercury, | ||||||
15 | cadmium, hexavalent chromium, and other materials that | ||||||
16 | pose environmental and health risks that must be managed. |
| |||||||
| |||||||
1 | (3) Many obsolete electronic products can be recycled | ||||||
2 | or refurbished for reuse and then returned to the economic | ||||||
3 | mainstream in the form of raw materials or products. | ||||||
4 | (4) Electronic products contain metals, plastics, and | ||||||
5 | leaded glass that have resale value. The reuse of these | ||||||
6 | components conserves natural resources and energy, and the | ||||||
7 | reuse also reduces air and water pollution and greenhouse | ||||||
8 | gas emissions. | ||||||
9 | (5) The A management of obsolete residential products | ||||||
10 | is necessary to prioritize place the reuse and recycling of | ||||||
11 | obsolete residential electronic products as the preferred | ||||||
12 | management strategy over incineration and landfill | ||||||
13 | disposal. | ||||||
14 | (6) The 2010 Recycling Economic Information Study | ||||||
15 | Update for Illinois estimates that the total economic | ||||||
16 | impact of recycling and reusing obsolete electronic | ||||||
17 | products resulted in the creation of nearly 8,000 jobs and | ||||||
18 | $622 million in annual receipts. The Illinois Recycling | ||||||
19 | Economic Information Study of 2001 estimates that the total | ||||||
20 | economic impact of establishing statewide recycling and | ||||||
21 | reuse programs for residential electronic products may | ||||||
22 | result in the creation of nearly 4,000 new jobs and $740 | ||||||
23 | million in annual receipts. | ||||||
24 | (7) The State-appointed Computer Equipment Disposal | ||||||
25 | and Recycling Commission issued a final report in May 2006 | ||||||
26 | recommending legislative, regulatory, or other actions to |
| |||||||
| |||||||
1 | properly address the recycling and reuse of obsolete | ||||||
2 | residential electronic products. | ||||||
3 | (b) The purpose of this Act is to set forth procedures by | ||||||
4 | which the recycling and processing for reuse of covered | ||||||
5 | electronic devices will be accomplished in Illinois.
| ||||||
6 | (Source: P.A. 95-959, eff. 9-17-08.)
| ||||||
7 | (415 ILCS 150/10)
| ||||||
8 | Sec. 10. Definitions. As used in this Act: | ||||||
9 | "Agency" means the Environmental Protection Agency. | ||||||
10 | "Cathode-ray tube" means a vacuum tube or picture tube used | ||||||
11 | to convert an electronic signal into a visual image, such as a | ||||||
12 | television or computer monitor. | ||||||
13 | "Collector" means a person who receives covered electronic | ||||||
14 | devices or eligible electronic devices directly from a | ||||||
15 | residence for recycling or processing for reuse. "Collector" | ||||||
16 | includes, but is not limited to, manufacturers, recyclers, and | ||||||
17 | refurbishers who receive CEDs or EEDs directly from the public. | ||||||
18 | "Computer", often referred to as a "personal computer" or | ||||||
19 | "PC", means a desktop or notebook computer as further defined | ||||||
20 | below and used only in a residence, but does not mean an | ||||||
21 | automated typewriter, electronic printer, mobile telephone, | ||||||
22 | portable hand-held calculator, portable digital assistant | ||||||
23 | (PDA), MP3 player, or other similar device. "Computer" does not | ||||||
24 | include computer peripherals, commonly known as cables, mouse, | ||||||
25 | or keyboard. "Computer" is further defined as either: |
| |||||||
| |||||||
1 | (1) "Desktop computer", which means an electronic, | ||||||
2 | magnetic, optical, electrochemical, or other high-speed | ||||||
3 | data processing device performing logical, arithmetic, or | ||||||
4 | storage functions for general purpose needs that are met | ||||||
5 | through interaction with a number of software programs | ||||||
6 | contained therein, and that is not designed to exclusively | ||||||
7 | perform a specific type of logical, arithmetic, or storage | ||||||
8 | function or other limited or specialized application. | ||||||
9 | Human interface with a desktop computer is achieved through | ||||||
10 | a stand-alone keyboard, stand-alone monitor, or other | ||||||
11 | display unit, and a stand-alone mouse or other pointing | ||||||
12 | device, and is designed for a single user. A desktop | ||||||
13 | computer has a main unit that is intended to be | ||||||
14 | persistently located in a single location, often on a desk | ||||||
15 | or on the floor. A desktop computer is not designed for | ||||||
16 | portability and generally utilizes an external monitor, | ||||||
17 | keyboard, and mouse with an external or internal power | ||||||
18 | supply for a power source. Desktop computer does not | ||||||
19 | include an automated typewriter or typesetter; or | ||||||
20 | (2) "Notebook computer", which means an electronic, | ||||||
21 | magnetic, optical, electrochemical, or other high-speed | ||||||
22 | data processing device performing logical, arithmetic, or | ||||||
23 | storage functions for general purpose needs that are met | ||||||
24 | through interaction with a number of software programs | ||||||
25 | contained therein, and that is not designed to exclusively | ||||||
26 | perform a specific type of logical, arithmetic, or storage |
| |||||||
| |||||||
1 | function or other limited or specialized application. | ||||||
2 | Human interface with a notebook computer is achieved | ||||||
3 | through a keyboard, video display greater than 4 inches in | ||||||
4 | size, and mouse or other pointing device, all of which are | ||||||
5 | contained within the construction of the unit that | ||||||
6 | comprises the notebook computer; supplemental stand-alone | ||||||
7 | interface devices typically can also be attached to the | ||||||
8 | notebook computer. Notebook computers can use external, | ||||||
9 | internal, or batteries for a power source. Notebook | ||||||
10 | computer does not include a portable hand-held calculator, | ||||||
11 | or a portable digital assistant or similar specialized | ||||||
12 | device. A notebook computer has an incorporated video | ||||||
13 | display greater than 4 inches in size and can be carried as | ||||||
14 | one unit by an individual. A notebook computer is sometimes | ||||||
15 | referred to as a laptop computer.
| ||||||
16 | "Computer monitor" means an electronic device that is a | ||||||
17 | cathode-ray tube or flat panel display primarily intended to | ||||||
18 | display information from a computer and is used only in a | ||||||
19 | residence. | ||||||
20 | "Covered electronic device" or "CED" means any computer, | ||||||
21 | computer monitor, television, or printer that is taken out of | ||||||
22 | service from a residence in this State regardless of purchase | ||||||
23 | location. "Covered electronic device" does not include any of | ||||||
24 | the following: | ||||||
25 | (1) an electronic device that is a part of a motor | ||||||
26 | vehicle or any component part of a motor vehicle assembled |
| |||||||
| |||||||
1 | by or for a vehicle manufacturer or franchised dealer, | ||||||
2 | including replacement parts for use in a motor vehicle; | ||||||
3 | (2) an electronic device that is functionally or | ||||||
4 | physically part of a larger piece of equipment or that is | ||||||
5 | taken out of service from an industrial, commercial | ||||||
6 | (including retail), library checkout, traffic control, | ||||||
7 | kiosk, security (other than household security), | ||||||
8 | governmental, agricultural, or medical setting, including | ||||||
9 | but not limited to diagnostic, monitoring, or control | ||||||
10 | equipment; or | ||||||
11 | (3) an electronic device that is contained within a | ||||||
12 | clothes washer, clothes dryer, refrigerator, refrigerator | ||||||
13 | and freezer, microwave oven, conventional oven or range, | ||||||
14 | dishwasher, room air conditioner, dehumidifier, water | ||||||
15 | pump, sump pump, or air purifier. | ||||||
16 | To the extent allowed under federal and State laws and | ||||||
17 | regulations, a CED that is being collected, recycled, or | ||||||
18 | processed for reuse is not considered to be hazardous waste, | ||||||
19 | household waste, solid waste, or special waste. | ||||||
20 | "Developmentally disabled" , as defined by the Illinois | ||||||
21 | Department of Human Services, Division of Developmental | ||||||
22 | Disabilities Program Manual, means having mental retardation | ||||||
23 | or a related condition. For the purposes of this Act: | ||||||
24 | (1) "Mental retardation" means significantly | ||||||
25 | subaverage general intellectual functioning as well as | ||||||
26 | deficits in adaptive behavior that manifested before age |
| |||||||
| |||||||
1 | 22. A person's general intellectual functioning is | ||||||
2 | significantly subaverage if that person has an | ||||||
3 | intelligence quotient (IQ) of 70 or below on standardized | ||||||
4 | measures of intelligence. This upper limit, however, may be | ||||||
5 | extended upward depending on the reliability of the | ||||||
6 | intelligence test used. | ||||||
7 | (2) "Related condition" means a severe, chronic | ||||||
8 | disability that (i) is attributable to cerebral palsy, | ||||||
9 | epilepsy, or any other condition, other than mental | ||||||
10 | illness, (ii) is found to be closely related to mental | ||||||
11 | retardation because the condition results in impairment of | ||||||
12 | general intellectual functioning or adaptive behavior | ||||||
13 | similar to that of a person with mental retardation, and | ||||||
14 | (iii) requires treatment or services similar to those | ||||||
15 | required for persons with mental retardation. means having | ||||||
16 | a severe disability, as defined by the Office of | ||||||
17 | Rehabilitation Services of the Illinois Department of | ||||||
18 | Human Services, that can be expected to result in death or | ||||||
19 | that has lasted, or is expected to last, at least 12 months | ||||||
20 | and that prevents working at a "substantial gainful | ||||||
21 | activity" level.
| ||||||
22 | "Dismantling" means the demanufacturing and shredding of a | ||||||
23 | CED. | ||||||
24 | "Eligible electronic device" or "EED" means any of the | ||||||
25 | following electronic products taken out of service from a | ||||||
26 | residence in this State regardless of purchase location: mobile |
| |||||||
| |||||||
1 | telephone; computer cable, mouse, or keyboard; stand-alone | ||||||
2 | facsimile machine; MP3 player; portable digital assistant | ||||||
3 | (PDA); video game console, video cassette recorder/player, | ||||||
4 | digital video disk player, or similar video device; zip drive; | ||||||
5 | or scanner. To the extent allowed under federal and state laws | ||||||
6 | and regulations, an EED that is being collected, recycled, or | ||||||
7 | processed for reuse is not considered to be hazardous waste, | ||||||
8 | household waste, solid waste, or special waste. | ||||||
9 | "Low income children and families" mean those children and | ||||||
10 | families that are subject to the most recent version of the | ||||||
11 | United States Department of Health and Human Services Federal | ||||||
12 | Poverty Guidelines. | ||||||
13 | "Manufacturer" means a person, or a successor in interest | ||||||
14 | to a person, under whose brand or label a CED is or was sold at | ||||||
15 | retail. For CEDs sold at retail under a brand or label that is | ||||||
16 | licensed from a person who is a mere brand owner and who does | ||||||
17 | not sell or produce the CED, the person who produced the CED or | ||||||
18 | his or her successor in interest is the manufacturer. For CEDs | ||||||
19 | sold that were at retail under the brand or label of both the | ||||||
20 | retail seller and the person that produced the CED, the person | ||||||
21 | that produced the CED, or his or her successor in interest, is | ||||||
22 | the manufacturer. A retail seller of CEDs may elect to be the | ||||||
23 | manufacturer of one or more CEDs if the retail seller provides | ||||||
24 | written notice to the Agency that it is accepting | ||||||
25 | responsibility as the manufacturer of the CED under this Act | ||||||
26 | and identifies the CEDs for which it is electing to be the |
| |||||||
| |||||||
1 | manufacturer. | ||||||
2 | "Municipal joint action agency" means a municipal joint | ||||||
3 | action agency created under Section 3.2 of the | ||||||
4 | Intergovernmental Cooperation Act.
| ||||||
5 | "Orphan CEDs" means those CEDs that are returned for | ||||||
6 | recycling, or processing for reuse, whose manufacturer cannot | ||||||
7 | be identified, or whose manufacturer is no longer conducting | ||||||
8 | business and has no successor in interest. | ||||||
9 | "Person" means any individual, partnership, | ||||||
10 | co-partnership, firm, company, limited liability company, | ||||||
11 | corporation, association, joint stock company, trust, estate, | ||||||
12 | political subdivision, State agency, or any other legal entity, | ||||||
13 | or a legal representative, agent, or assign of that entity. | ||||||
14 | "Printer" means desktop printers, multifunction printer | ||||||
15 | copiers, and printer/fax combinations taken out of service from | ||||||
16 | a residence that are designed to reside on a work surface, and | ||||||
17 | include various print technologies, including without | ||||||
18 | limitation laser and LED (electrographic), ink jet, dot matrix, | ||||||
19 | thermal, and digital sublimation, and "multi-function" or | ||||||
20 | "all-in-one" devices that perform different tasks, including | ||||||
21 | without limitation copying, scanning, faxing, and printing. | ||||||
22 | Printers do not include floor-standing printers, printers with | ||||||
23 | optional floor stand, point of sale (POS) receipt printers, | ||||||
24 | household printers such as a calculator with printing | ||||||
25 | capabilities or label makers, or non-stand-alone printers that | ||||||
26 | are embedded into products that are not CEDs. |
| |||||||
| |||||||
1 | "Processing for reuse" means any method, technique, or | ||||||
2 | process by which CEDs or EEDs that would otherwise be disposed | ||||||
3 | of or discarded are instead separated, processed, and returned | ||||||
4 | to their original intended purposes or to other useful purposes | ||||||
5 | as electronic devices. "Processing for reuse" includes the | ||||||
6 | collection and transportation of CEDs or EEDs. | ||||||
7 | "Program Year" means a calendar year. The first program | ||||||
8 | year is 2010. | ||||||
9 | "Recycler" means a person who engages in the recycling of | ||||||
10 | CEDs or EEDs, but does not include telecommunications carriers, | ||||||
11 | telecommunications manufacturers, or commercial mobile service | ||||||
12 | providers with an existing recycling program. | ||||||
13 | "Recycling" means any method, technique, or process by | ||||||
14 | which CEDs or EEDs that would otherwise be disposed of or | ||||||
15 | discarded are instead collected, separated, or processed and | ||||||
16 | are returned to the economic mainstream in the form of raw | ||||||
17 | materials or products. "Recycling" includes the collection, | ||||||
18 | transportation, dismantling, and shredding of the CEDs or EEDs. | ||||||
19 | "Refurbisher" means any person who processes CEDs or EEDs | ||||||
20 | for reuse, but does not include telecommunications carriers, | ||||||
21 | telecommunications manufacturers, or commercial mobile service | ||||||
22 | providers with an existing recycling program. | ||||||
23 | "Residence" means a dwelling place or home in which one or | ||||||
24 | more individuals live. | ||||||
25 | "Retailer" means a person who sells, rents, or leases, | ||||||
26 | through sales outlets, catalogues, or the Internet, computers, |
| |||||||
| |||||||
1 | computer monitors, printers, or televisions at retail to | ||||||
2 | individuals in this State. For purposes of this Act, sales to | ||||||
3 | individuals at retail are considered to be sales for | ||||||
4 | residential use. "Retailer" includes, but is not limited to, | ||||||
5 | manufacturers who sell computers, computer monitors, printers, | ||||||
6 | or televisions at retail directly to individuals in this State. | ||||||
7 | "Sale" means any retail transfer of title for consideration | ||||||
8 | of title including, but not limited to, transactions conducted | ||||||
9 | through sales outlets, catalogs, or the Internet or any other | ||||||
10 | similar electronic means but does not mean financing or | ||||||
11 | leasing. | ||||||
12 | "Television" means an electronic device (i) containing a | ||||||
13 | cathode-ray tube or flat panel screen the size of which is | ||||||
14 | greater than 4 inches when measured diagonally, (ii) that is | ||||||
15 | intended to receive video programming via broadcast, cable, or | ||||||
16 | satellite transmission or to receive video from surveillance or | ||||||
17 | other similar cameras, and (iii) that is used only in a | ||||||
18 | residence.
| ||||||
19 | "Underserved counties" means those counties so identified | ||||||
20 | in Section 60. | ||||||
21 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
| ||||||
22 | (415 ILCS 150/30) | ||||||
23 | Sec. 30. Manufacturer responsibilities. | ||||||
24 | (a) Prior to April 1, 2009 for the first program year, and | ||||||
25 | by October 1 for program year 2011 and thereafter, |
| |||||||
| |||||||
1 | manufacturers who offer whose computers, computer monitors, | ||||||
2 | printers, or televisions for sale are sold in this State must | ||||||
3 | register with the Agency. The registration must be submitted in | ||||||
4 | the form and manner required by the Agency. The registration | ||||||
5 | must include, without limitation, all of the following: | ||||||
6 | (1) a list of all of the manufacturer's brands of | ||||||
7 | computers, computer monitors, printers, or televisions to | ||||||
8 | be offered for sale in the next program year; | ||||||
9 | (2) for manufacturers of both televisions and | ||||||
10 | computers, computer monitors, or printers, an | ||||||
11 | identification of whether, for residential use, (i) | ||||||
12 | televisions or (ii) computers, computer monitors, and | ||||||
13 | printers, represent the larger number of units sold for the | ||||||
14 | manufacturer; and | ||||||
15 | (3) a statement disclosing whether : (A) any computer, | ||||||
16 | computer monitor, printer, or television sold in this State | ||||||
17 | exceeds the maximum concentration values established for | ||||||
18 | lead, mercury, cadmium, hexavalent chromium, | ||||||
19 | polybrominated biphenyls (PBBs), and polybrominated | ||||||
20 | diphenyl ethers (PBDEEs) under the RoHS (restricting the | ||||||
21 | use of certain hazardous substances in electrical and | ||||||
22 | electronic equipment) Directive 2002/95/EC of the European | ||||||
23 | Parliament and Council and any amendments thereto and, if | ||||||
24 | so, an identification of that computer, computer monitor, | ||||||
25 | printer, or television ; or (B) the manufacturer has | ||||||
26 | received an exemption from one or more of those maximum |
| |||||||
| |||||||
1 | concentration values under the RoHS Directive that has been | ||||||
2 | approved and published by the European Commission . | ||||||
3 | If, during the program year, a manufacturer's computer, | ||||||
4 | computer monitor, printer, or television is sold or offered for | ||||||
5 | sale in Illinois under a new brand that is not listed in the | ||||||
6 | manufacturer's registration, then, within 30 days after the | ||||||
7 | first sale or offer for sale under the new brand, the | ||||||
8 | manufacturer must amend its registration to add the new brand. | ||||||
9 | (b) Prior to July 1, 2009 for the first program year, and | ||||||
10 | by the November 1 preceding program years 2011 and later, all | ||||||
11 | manufacturers whose computers, computer monitors, printers, or | ||||||
12 | televisions are offered for sale sold in the State shall submit | ||||||
13 | to the Agency, at an address prescribed by the Agency, the | ||||||
14 | registration fee for the next program year. The registration | ||||||
15 | fee for program years year 2010 and 2011 is $5,000. In program | ||||||
16 | year 2012, if, during the preceding program year, a | ||||||
17 | manufacturer sold 250 or fewer computers, computer monitors, | ||||||
18 | printers, and televisions in the State, then the registration | ||||||
19 | fee for that manufacturer is $1,250. In each program year after | ||||||
20 | 2012, if, in the preceding program year, a manufacturer sold | ||||||
21 | 250 or fewer computers, computer monitors, printers, and | ||||||
22 | televisions in the State, then the registration fee for that | ||||||
23 | manufacturer in that year is the fee that applied in the | ||||||
24 | previous year to manufacturers that sold that number of items, | ||||||
25 | increased by the applicable inflation factor as described | ||||||
26 | below. In program year 2012, if, during the preceding program |
| |||||||
| |||||||
1 | year, a manufacturer sold 251 or more computers, computer | ||||||
2 | monitors, printers, and televisions in the State, then the | ||||||
3 | registration fee for that manufacturer in that year is $5,000. | ||||||
4 | In each program year after 2012, if, in the preceding program | ||||||
5 | year, a manufacturer sold 251 or more computers, computer | ||||||
6 | monitors, printers, and televisions in the State, then the | ||||||
7 | registration fee for that manufacturer in that year is the fee | ||||||
8 | that applied in the previous year to manufacturers that sold | ||||||
9 | that number of items, increased by the applicable inflation | ||||||
10 | factor as described below. For program years 2013 2011 and | ||||||
11 | later, the applicable registration fee is increased each year | ||||||
12 | by an inflation factor determined by the annual Implicit Price | ||||||
13 | Deflator for Gross National Product, as published by the U.S. | ||||||
14 | Department of Commerce in its Survey of Current Business. The | ||||||
15 | inflation factor must be calculated each year by dividing the | ||||||
16 | latest published annual Implicit Price Deflator for Gross | ||||||
17 | National Product by the annual Implicit Price Deflator for | ||||||
18 | Gross National Product for the previous year. The inflation | ||||||
19 | factor must be rounded to the nearest 1/100th, and the | ||||||
20 | resulting registration fee must be rounded to the nearest whole | ||||||
21 | dollar. No later than October 1 of each program year, the | ||||||
22 | Agency shall post on its website the registration fee for the | ||||||
23 | next program year. | ||||||
24 | (c) A manufacturer whose computers, computer monitors, | ||||||
25 | printers, or televisions are first sold or offered for sale in | ||||||
26 | this State on or after January 1 of a program year must |
| |||||||
| |||||||
1 | register with the Agency within 30 days after the first sale in | ||||||
2 | accordance with subsection (a) of this Section and submit the | ||||||
3 | registration fee required under subsection (b) of this Section | ||||||
4 | prior to the manufacturer's computers, computer monitors, | ||||||
5 | printers, or televisions being sold or offered for sale. | ||||||
6 | (d) Each manufacturer shall recycle or process for reuse | ||||||
7 | CEDs and EEDs whose total weight equals or exceeds the | ||||||
8 | manufacturer's individual recycling and reuse goal set forth in | ||||||
9 | Section 19 of this Act. Individual consumers may not be charged | ||||||
10 | an end-of-life fee when bringing their CEDs and EEDs to | ||||||
11 | permanent or temporary collection locations, unless a | ||||||
12 | financial incentive of equal or greater value, such as a | ||||||
13 | coupon, is provided. Individual consumers shall not be charged | ||||||
14 | a fee for the destruction or sanitization of data on hard | ||||||
15 | drives and other data storage devices. Collectors may charge a | ||||||
16 | fee for premium services such as curbside collection, home | ||||||
17 | pick-up, or a similar method of collection. | ||||||
18 | When determining whether a manufacturer has met or exceeded | ||||||
19 | its individual recycling and reuse goal set forth in Section 19 | ||||||
20 | of this Act, all of the following adjustments must be made: | ||||||
21 | (1) The total weight of CEDs processed for reuse by the | ||||||
22 | manufacturer, its recyclers, or its refurbishers for reuse | ||||||
23 | is quadrupled doubled . | ||||||
24 | (2) The total weight of CEDs is quadrupled tripled if | ||||||
25 | they are donated for reuse by the manufacturer to a primary | ||||||
26 | or secondary public education institution the majority of |
| |||||||
| |||||||
1 | whose students are considered low income or | ||||||
2 | developmentally disabled or to a not-for-profit entity | ||||||
3 | that is established under Section 501(c)(3) of the Internal | ||||||
4 | Revenue Code of 1986 and whose principal mission is to | ||||||
5 | assist low-income children or families or to assist the | ||||||
6 | developmentally disabled in Illinois. This subsection | ||||||
7 | applies only to CEDs for which the manufacturer has | ||||||
8 | received a written confirmation that the recipient has | ||||||
9 | accepted the donation. Copies of all written confirmations | ||||||
10 | must be submitted in the annual report required under | ||||||
11 | Section 30. | ||||||
12 | (3) The total weight of CEDs collected by manufacturers | ||||||
13 | free of charge in underserved counties is doubled. This | ||||||
14 | subsection applies only to CEDs that are documented by | ||||||
15 | collectors as being collected or received free of charge in | ||||||
16 | underserved counties. This documentation must include, | ||||||
17 | without limitation, the date and location of collection or | ||||||
18 | receipt, the weight of the CEDs collected or received, and | ||||||
19 | an acknowledgement by the collector that the CEDs were | ||||||
20 | collected or received free of charge. Copies of the | ||||||
21 | documentation must be submitted in the annual report | ||||||
22 | required under subsection (h), (i), (j), (k), or (l) of | ||||||
23 | Section 30. | ||||||
24 | (4) The total weight of CEDs will be tripled if they | ||||||
25 | are collected, recycled, or refurbished for a manufacturer | ||||||
26 | by a not-for-profit entity the majority of whose employees |
| |||||||
| |||||||
1 | are developmentally disabled. A manufacturer that uses a | ||||||
2 | not-for-profit recycler or refurbisher the majority of | ||||||
3 | whose employees are developmentally disabled shall submit | ||||||
4 | documentation in the annual report required under Section | ||||||
5 | 30 identifying the name, location, and length of service of | ||||||
6 | the entity that qualifies for credit under this subsection. | ||||||
7 | (e) Manufacturers of computers, computer monitors, or | ||||||
8 | printers, either individually or collectively, shall hire an | ||||||
9 | independent third-party auditor to perform statistically | ||||||
10 | significant return share samples of CEDs received by recyclers | ||||||
11 | and refurbishers for recycling or processing for reuse. Each | ||||||
12 | third-party auditor shall perform a return share sample of CEDs | ||||||
13 | for at least one 8-hour period, once a quarter during the | ||||||
14 | program year at the facility of each registered recycler and | ||||||
15 | refurbisher under contract with the manufacturer or group of | ||||||
16 | manufacturers that has hired the auditor. The audit shall | ||||||
17 | contain the following data: | ||||||
18 | (1) the number and weight of CEDs, sorted by brand name | ||||||
19 | and product type, including a category for orphan CEDs; | ||||||
20 | (2) the total weight of the sample by product type; | ||||||
21 | (3) the date, location, and time of the sampling; | ||||||
22 | (4) the name or names of the manufacturer for whom the | ||||||
23 | recycler is performing activities under this Act; and | ||||||
24 | (5) a certification by the third-party auditor that the | ||||||
25 | sampling is statistically significant and, if not, an | ||||||
26 | explanation as to what occurred to render the sampling |
| |||||||
| |||||||
1 | insignificant. | ||||||
2 | The manufacturer shall notify the Agency 30 days prior to | ||||||
3 | the third-party auditor's return share sampling by providing | ||||||
4 | the Agency with the time and date on which the third-party | ||||||
5 | auditor will perform the return share sample. The Agency may, | ||||||
6 | at its discretion, be present at any sampling event and may | ||||||
7 | audit the methodology and the results of the third-party | ||||||
8 | auditor. | ||||||
9 | No less than 30 days after the close of each calendar | ||||||
10 | quarter, the manufacturer shall submit to the Agency the | ||||||
11 | results of the third-party samplings conducted during the | ||||||
12 | quarter. The results shall be submitted in the form and manner | ||||||
13 | required by the Agency. | ||||||
14 | (f) Manufacturers shall ensure that only recyclers and | ||||||
15 | refurbishers that have registered with the Agency are used to | ||||||
16 | meet the individual recycling and reuse goals set forth in this | ||||||
17 | Act. | ||||||
18 | (g) Manufacturers shall ensure that the recyclers and | ||||||
19 | refurbishers used to meet the individual recycling and reuse | ||||||
20 | goals set forth in this Act shall, at a minimum, comply with | ||||||
21 | the standards set forth under subsection (d) of Section 50 of | ||||||
22 | this Act. By November 1, 2011 and every November 1 thereafter, | ||||||
23 | manufacturers shall submit a document, as prescribed by the | ||||||
24 | Agency, listing each registered recycler and refurbisher that | ||||||
25 | will be used to meet the manufacturer's annual CED recycling | ||||||
26 | and reuse goal and certifying that those recyclers or |
| |||||||
| |||||||
1 | refurbishers comply with the standards set forth in subsection | ||||||
2 | (d) of Section 50. | ||||||
3 | (h) By August 15, 2009, television manufacturers shall | ||||||
4 | submit to the Agency, in the form and manner required by the | ||||||
5 | Agency, a report that contains the total weight of televisions | ||||||
6 | sold under each of the manufacturer's brands to individuals at | ||||||
7 | retail in this State, as set forth in the reports to | ||||||
8 | manufacturers by retailers under subsection (c) of Section 40. | ||||||
9 | (i) No later than September 1, 2010, television | ||||||
10 | manufacturers must submit to the Agency, in the form and manner | ||||||
11 | required by the Agency, a report for the period January 1, 2010 | ||||||
12 | through June 30, 2010 that contains both of the following: | ||||||
13 | (1) The total weight of televisions sold under each of | ||||||
14 | the manufacturer's brands to individuals at retail in this | ||||||
15 | State, from one of the following 2 sources, with the | ||||||
16 | manufacturer indicating in the report which of the 2 data | ||||||
17 | sources was used, and, if a national sales data report was | ||||||
18 | used, the name of the national sales data source: | ||||||
19 | (A) the manufacturer's own sales reports; or | ||||||
20 | (B) national sales data reports obtained by the | ||||||
21 | manufacturer and pro-rated to Illinois by multiplying | ||||||
22 | the weight of the manufacturer's televisions sold | ||||||
23 | nationally by the quotient that results from dividing | ||||||
24 | the population of Illinois by the population of the | ||||||
25 | United States. The population of Illinois and the | ||||||
26 | United States shall be obtained using the most recent |
| |||||||
| |||||||
1 | U.S. census data. | ||||||
2 | (2) The total weight of computers, the total weight of | ||||||
3 | computer monitors, the total weight of printers, the total | ||||||
4 | weight of televisions, and the total weight of EEDs | ||||||
5 | recycled or processed for reuse. | ||||||
6 | (j) By August 15, 2010, computer, computer monitor, and | ||||||
7 | printer manufacturers shall submit to the Agency, on forms and | ||||||
8 | in a format prescribed by the Agency, a report for the period | ||||||
9 | January 1, 2010 through June 30, 2010 that contains the total | ||||||
10 | weight of computers, the total weight of computer monitors, the | ||||||
11 | total weight of printers, the total weight of televisions, and | ||||||
12 | the total weight of EEDs, recycled or processed for reuse. | ||||||
13 | (k) No later than April 1 of program years 2011 and | ||||||
14 | thereafter, television manufacturers shall submit to the | ||||||
15 | Agency, in the form and manner required by the Agency, a report | ||||||
16 | that contains all of the following information for the previous | ||||||
17 | program year: | ||||||
18 | (1) The total weight of televisions sold under each of | ||||||
19 | the manufacturer's brands to individuals at retail in this | ||||||
20 | State, from one of the following 2 sources, with the | ||||||
21 | manufacturer indicating in the report which of the two data | ||||||
22 | sources was used, and, if a national sales data report was | ||||||
23 | used, the name of the national sales data source: | ||||||
24 | (a) the manufacturer's own sales reports; or | ||||||
25 | (b) national sales data reports obtained by the | ||||||
26 | manufacturer and pro-rated to Illinois by multiplying |
| |||||||
| |||||||
1 | the weight of the manufacturer's televisions sold | ||||||
2 | nationally by the quotient that results from dividing | ||||||
3 | the population of Illinois by the population of the | ||||||
4 | United States. The population of Illinois and the | ||||||
5 | United States shall be obtained using the most recent | ||||||
6 | U.S. census data. | ||||||
7 | (2) The total weight of computers, the total weight of | ||||||
8 | computer monitors, the total weight of printers, the total | ||||||
9 | weight of televisions, and the total weight of EEDs | ||||||
10 | recycled or processed for reuse. | ||||||
11 | (3) The identification of all weights that are adjusted | ||||||
12 | under subsection (d) of this Section. For all weights | ||||||
13 | adjusted under item (2) of subsection (d), the manufacturer | ||||||
14 | must include copies of the written confirmation required | ||||||
15 | under that subsection. | ||||||
16 | (4) A list of each recycler, refurbisher, and collector | ||||||
17 | used by the manufacturer to fulfill the manufacturer's | ||||||
18 | individual recycling and reuse goal set forth in Section 19 | ||||||
19 | of this Act. | ||||||
20 | (5) A summary of the manufacturer's consumer education | ||||||
21 | program required under subsection (m) of this Section. | ||||||
22 | (l) On or before January 31, 2013 and on or before every | ||||||
23 | January 31 No later than April 1 of program years 2011 and | ||||||
24 | thereafter, computer, computer monitor, and printer , and | ||||||
25 | television manufacturers shall submit to the Agency, on forms | ||||||
26 | and in a format prescribed by the Agency, a report that |
| |||||||
| |||||||
1 | contains all of the following information for the previous | ||||||
2 | program year: | ||||||
3 | (1) The the total weight of computers, the total weight | ||||||
4 | of computer monitors, the total weight of printers, the | ||||||
5 | total weight of televisions, and the total weight of EEDs | ||||||
6 | recycled or processed for reuse . ; | ||||||
7 | (2) The the identification of all weights that are | ||||||
8 | adjusted under subsection (d) of this Section. For all | ||||||
9 | weights adjusted under item (2) of subsection (d), the | ||||||
10 | manufacturer must include copies of the written | ||||||
11 | confirmation required under that subsection . ; | ||||||
12 | (3) A a list of each recycler, refurbisher, and | ||||||
13 | collector used by the manufacturer to fulfill the | ||||||
14 | manufacturer's individual recycling and reuse goal set | ||||||
15 | forth in subsection (c) of Section 15 of this Act . ; and | ||||||
16 | (4) A a summary of the manufacturer's consumer | ||||||
17 | education program required under subsection (m) of this | ||||||
18 | Section. | ||||||
19 | (m) Manufacturers must develop and maintain a consumer | ||||||
20 | education program that complements and corresponds to the | ||||||
21 | primary retailer-driven campaign required under Section 40 of | ||||||
22 | this Act. The education program shall promote the recycling of | ||||||
23 | electronic products and proper end-of-life management of the | ||||||
24 | products by consumers. | ||||||
25 | (n) Beginning January 1 2010, no manufacturer may sell a | ||||||
26 | computer, computer monitor, printer, or television in this |
| |||||||
| |||||||
1 | State unless the manufacturer is registered with the State as | ||||||
2 | required under this Act, has paid the required registration | ||||||
3 | fee, and is otherwise in compliance with the provisions of this | ||||||
4 | Act. | ||||||
5 | (o) Beginning January 1, 2010, no manufacturer may sell a | ||||||
6 | computer, computer monitor, printer, or television in this | ||||||
7 | State unless the manufacturer's brand name is permanently | ||||||
8 | affixed to, and is readily visible on, the computer, computer | ||||||
9 | monitor, printer, or television. | ||||||
10 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
| ||||||
11 | (415 ILCS 150/55)
| ||||||
12 | Sec. 55. Collector responsibilities. | ||||||
13 | (a) No later than January 1 of each program year, | ||||||
14 | collectors that collect or receive CEDs or EEDs for one or more | ||||||
15 | manufacturers, recyclers, or refurbishers shall register with | ||||||
16 | the Agency. Registration must be in the form and manner | ||||||
17 | required by the Agency and must include, without limitation, | ||||||
18 | the address of each location where CEDs or EEDs are received | ||||||
19 | and the identification of each location at which the collector | ||||||
20 | accepts CEDs or EEDs from a residence. | ||||||
21 | (b) Manufacturers, recyclers, refurbishers also acting as | ||||||
22 | collectors shall so indicate on their registration under | ||||||
23 | Section 30 or 50 and not register separately as collectors. | ||||||
24 | (c) No later than August 15, 2010, collectors must submit | ||||||
25 | to the Agency, on forms and in a format prescribed by the |
| |||||||
| |||||||
1 | Agency, a report for the period from January 1, 2010 through | ||||||
2 | June 30, 2010 that contains the following information: the | ||||||
3 | total weight of computers, the total weight of computer | ||||||
4 | monitors, the total weight of printers, the total weight of | ||||||
5 | televisions, and the total weight of EEDs collected or received | ||||||
6 | for each manufacturer. | ||||||
7 | (d) By January 31 No later than May 1 of each program year, | ||||||
8 | collectors must submit to the Agency, on forms and in a format | ||||||
9 | prescribed by the Agency, a report that contains the following | ||||||
10 | information for the previous program year: | ||||||
11 | (1) The the total weight of computers, the total weight | ||||||
12 | of computer monitors, the total weight of printers, the | ||||||
13 | total weight of televisions, and the total weight of EEDs | ||||||
14 | collected or received for each manufacturer during the | ||||||
15 | previous program year. | ||||||
16 | (2) A a list of each recycler and refurbisher that | ||||||
17 | received CEDs and EEDs from the collector and the total | ||||||
18 | weight each recycler and refurbisher received. | ||||||
19 | (3) The the address of each collector's facility where | ||||||
20 | the CEDs and EEDs were collected or received. Each facility | ||||||
21 | address must include the county in which the facility is | ||||||
22 | located. | ||||||
23 | (e) Collectors may accept no more than 10 CEDs or EEDs at | ||||||
24 | one time from individual members of the public and, when | ||||||
25 | scheduling collection events, shall provide no fewer than 30 | ||||||
26 | days' notice to the county waste agency of those events.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
| ||||||
2 | (415 ILCS 150/60)
| ||||||
3 | Sec. 60. Collection strategy for underserved counties. | ||||||
4 | (a) For program year 2010 and 2011 , all counties in this | ||||||
5 | State except the following are considered underserved: | ||||||
6 | Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock, | ||||||
7 | Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston, | ||||||
8 | Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock | ||||||
9 | Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren, | ||||||
10 | Will, Williamson, and Winnebago. | ||||||
11 | (b) For program year 2012 and each program year thereafter, | ||||||
12 | "underserved counties" means those counties within the State of | ||||||
13 | Illinois with a population density of not more than than 190 | ||||||
14 | persons per square mile, based on the most recent U.S. Census | ||||||
15 | data. For program years 2011 and later, underserved counties | ||||||
16 | shall be counties in this State that, during the program year 2 | ||||||
17 | years prior, were not served by a minimum of one collection | ||||||
18 | site that (i) accepted all types of CEDs and EEDs and (ii) was | ||||||
19 | open for a minimum of 8 hours on at least one day per month of | ||||||
20 | that program year. For the purposes of this subsection (b), | ||||||
21 | 2009 shall be considered to have been a program year, and for | ||||||
22 | the program year 2012 the determination of whether a county is | ||||||
23 | underserved shall be based on the criteria of this subsection | ||||||
24 | (b) instead of the county's inclusion in the list set forth in | ||||||
25 | subsection (a) of this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-959, eff. 9-17-08.)
| ||||||
2 | (415 ILCS 150/65)
| ||||||
3 | Sec. 65. State government procurement. | ||||||
4 | (a) The Department of Central Management Services shall | ||||||
5 | ensure that all bid specifications and contracts for the | ||||||
6 | purchase or lease of desktop computers, laptop or notebook | ||||||
7 | computers, and computer monitors, by State agencies under a | ||||||
8 | statewide master contract require that the electronic products | ||||||
9 | have a Bronze performance tier or higher registration under the | ||||||
10 | Electronic Product Environmental Assessment Tool ("EPEAT") | ||||||
11 | operated by the Green Electronics Council. | ||||||
12 | (b) The Department of Central Management Services shall | ||||||
13 | ensure that bid specifications and contracts for the purchase | ||||||
14 | or lease of televisions and printers by State agencies under a | ||||||
15 | statewide master contract require that the printers or | ||||||
16 | televisions have a Bronze performance tier or higher | ||||||
17 | registration under EPEAT if the Department determines that | ||||||
18 | there are an adequate number of the televisions or printers | ||||||
19 | registered under EPEAT to provide a sufficiently competitive | ||||||
20 | bidding environment. | ||||||
21 | (c) This Section applies to bid specifications issued, and | ||||||
22 | contracts entered into, on or after January 1, 2010.
| ||||||
23 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.".
|