SB0303 95TH GENERAL ASSEMBLY

LRB095 08890 CMK 29077 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0303

Introduced 2/7/2007, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

415 ILCS 5/22.23c new

Amends the Environmental Protection Act. Creates the Plastic Carryout Bag Recycling Program. Requires retailers that distribute plastic carryout bags to consumers to implement a plastic carryout bag collection and recycling program. Sets out plastic carryout bag recycling program requirements. Provides that retailers subject to these provisions shall maintain records detailing the collection, transport, and recycling of plastic carryout bags distributed by the retailer. Provides that any manufacturer of plastic carryout bags shall develop educational marketing materials to encourage the reusing and recycling of plastic carryout bags, and shall make those materials available to retailers.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by adding Section 22.23c as follows:

(415 ILCS 5/22.23c new)

Sec. 22.23c. Plastic Carryout Bag Recycling Program.

(a) As used in this Section:

"Consumer" means any person who makes a purchase at retail for any purpose other than resale.

"Distributing plastic carryout bags to consumers" means the act of a retailer giving to a consumer a plastic carryout bag to store or transport goods purchased at retail.

"Plastic carryout bag" means any plastic, latex, or polypropylene bag.

"Purchase at retail" means the acquisition of the ownership of or title to tangible personal property through a sale at retail.

"Retailer" means a person engaged in the business of making sales at retail that owns or controls more than 10,000 square feet of retail space that generates occupation or use tax revenue.

"Reusable bag" means (i) a bag made of cloth or other machine washable fabric that has handles, or (ii) a durable plastic bag with handles that is at least 2.25 mils thick and is specifically designed and manufactured for multiple uses.

(b) By July 1, 2008, all retailers distributing plastic carryout bags to consumers as part of a purchase at retail shall:

(1) implement a plastic carryout bag collection program that facilitates the return and recycling of plastic carryout bags distributed to consumers;

(2) provide a clearly marked receptacle for the collection of plastic carryout bags that is in a convenient location for that retailer's consumers;

(3) arrange for the pick-up, transport, and recycling of plastic carryout bags deposited in the collection receptacles by consumers; and

(4) make reusable bags available for purchase by consumers, as an alternative to plastic carryout bags.

(c) Any plastic carryout bag distributed to consumers must have a message printed on the bag, in a manner clearly visible to the consumer, stating that a collection bin is available at the retail location for the purpose of collecting and recycling plastic carryout bags.

(d) Retailers subject to the provisions of this Section shall maintain records detailing the collection, transport, and recycling of plastic carryout bags distributed by the retailer. The records must be kept for a minimum of 3 years and must be made available, upon request, to the Environmental Protection Agency or the entity with local jurisdiction over creating a Solid Waste Management Plan pursuant to the Solid Waste Planning and Recycling Act.

(e) All manufacturers of plastic carryout bags in this State shall develop educational marketing materials to encourage the reusing and recycling of plastic carryout bags and shall make those materials available to retailers required to comply with this Section.