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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Electronic Products Recycling and Reuse Act | |||||||||||||||||||||
5 | is amended by changing Sections 30 and 40 as follows: | |||||||||||||||||||||
6 | (415 ILCS 150/30)
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7 | Sec. 30. Manufacturer responsibilities. | |||||||||||||||||||||
8 | (a) Prior to April 1, 2009 for the first program year, and | |||||||||||||||||||||
9 | by October 1 for program year 2011 and thereafter, | |||||||||||||||||||||
10 | manufacturers whose computers, computer monitors, printers, or | |||||||||||||||||||||
11 | televisions are sold in this State must register with the | |||||||||||||||||||||
12 | Agency. The registration must be submitted in the form and | |||||||||||||||||||||
13 | manner required by the Agency. The registration must include, | |||||||||||||||||||||
14 | without limitation, all of the following: | |||||||||||||||||||||
15 | (1) a list of all of the manufacturer's brands of | |||||||||||||||||||||
16 | computers, computer monitors, printers, or televisions to | |||||||||||||||||||||
17 | be offered for sale in the next program year; | |||||||||||||||||||||
18 | (2) for manufacturers of both televisions and | |||||||||||||||||||||
19 | computers, computer monitors, or printers, an | |||||||||||||||||||||
20 | identification of whether, for residential use, (i) | |||||||||||||||||||||
21 | televisions or (ii) computers, computer monitors, and | |||||||||||||||||||||
22 | printers, represent the larger number of units sold for the | |||||||||||||||||||||
23 | manufacturer; and |
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1 | (3) a statement disclosing whether: | ||||||
2 | (A) any computer, computer monitor, printer, or | ||||||
3 | television sold in this State exceeds the maximum | ||||||
4 | concentration values established for lead, mercury, | ||||||
5 | cadmium, hexavalent chromium, polybrominated biphenyls | ||||||
6 | (PBBs), and polybrominated diphenyl ethers (PBDEEs) | ||||||
7 | under the RoHS (restricting the use of certain | ||||||
8 | hazardous substances in electrical and electronic | ||||||
9 | equipment) Directive 2002/95/EC of the European | ||||||
10 | Parliament and Council and any amendments thereto and, | ||||||
11 | if so, an identification of that computer, computer | ||||||
12 | monitor, or television; or | ||||||
13 | (B) the manufacturer has received an exemption | ||||||
14 | from one or more of those maximum concentration values | ||||||
15 | under the RoHS Directive that has been approved and | ||||||
16 | published by the European Commission. | ||||||
17 | If, during the program year, a manufacturer's computer, | ||||||
18 | computer monitor, printer, or television is sold or offered for | ||||||
19 | sale under a new brand that is not listed in the manufacturer's | ||||||
20 | registration, then, within 30 days after the first sale or | ||||||
21 | offer for sale under the new brand, the manufacturer must amend | ||||||
22 | its registration to add the new brand. | ||||||
23 | (b) Prior to July 1, 2009 for the first program year, and | ||||||
24 | by the November 1 preceding program years 2011 and later, all | ||||||
25 | manufacturers whose computers, computer monitors, or | ||||||
26 | televisions are sold in the State shall submit to the Agency, |
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1 | at an address prescribed by the Agency, the registration fee | ||||||
2 | for the next program year. The registration fee for program | ||||||
3 | year 2010 is $5,000. | ||||||
4 | For program years 2011 and later, the registration fee is | ||||||
5 | increased each year by an inflation factor determined by the | ||||||
6 | annual Implicit Price Deflator for Gross National Product, as | ||||||
7 | published by the U.S. Department of Commerce in its Survey of | ||||||
8 | Current Business. The inflation factor must be calculated each | ||||||
9 | year by dividing the latest published annual Implicit Price | ||||||
10 | Deflator for Gross National Product by the annual Implicit | ||||||
11 | Price Deflator for Gross National Product for the previous | ||||||
12 | year. The inflation factor must be rounded to the nearest | ||||||
13 | 1/100th, and the resulting registration fee must be rounded to | ||||||
14 | the nearest whole dollar. No later than October 1 of each | ||||||
15 | program year, the Agency shall post on its website the | ||||||
16 | registration fee for the next program year. | ||||||
17 | (c) A manufacturer whose computers, computer monitors, | ||||||
18 | printers, or televisions are first sold or offered for sale in | ||||||
19 | this State on or after January 1 of a program year must | ||||||
20 | register with the Agency in accordance with subsection (a) of | ||||||
21 | this Section and submit the registration fee required under | ||||||
22 | subsection (b) of this Section prior to the manufacturer's | ||||||
23 | computers, computer monitors, printers, or televisions being | ||||||
24 | sold or offered for sale. | ||||||
25 | (d) Each manufacturer shall recycle or process for reuse | ||||||
26 | CEDs and EEDs whose total weight equals or exceeds the |
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1 | manufacturer's individual recycling and reuse goal set forth in | ||||||
2 | Section 19 of this Act. Individual consumers may not be charged | ||||||
3 | an end-of-life fee when bringing their CEDs and EEDs to | ||||||
4 | permanent or temporary collection locations, unless a | ||||||
5 | financial incentive of equal or greater value, such as a | ||||||
6 | coupon, is provided. Collectors may charge a fee for premium | ||||||
7 | services such as curbside collection, home pick-up, or a | ||||||
8 | similar method of collection. | ||||||
9 | When determining whether a manufacturer has met or exceeded | ||||||
10 | its individual recycling and reuse goal set forth in Section 19 | ||||||
11 | of this Act, all of the following adjustments must be made: | ||||||
12 | (1) The total weight of CEDs processed for reuse by the | ||||||
13 | manufacturer, its recyclers, or its refurbishers is | ||||||
14 | doubled. | ||||||
15 | (2) The total weight of CEDs is tripled if they are | ||||||
16 | donated for reuse by the manufacturer to a primary or | ||||||
17 | secondary public education institution or to a | ||||||
18 | not-for-profit entity that is established under Section | ||||||
19 | 501(c)(3) of the Internal Revenue Code of 1986 and whose | ||||||
20 | principal mission is to assist low-income children or | ||||||
21 | families or to assist the developmentally disabled in | ||||||
22 | Illinois. This subsection applies only to CEDs for which | ||||||
23 | the manufacturer has received a written confirmation that | ||||||
24 | the recipient has accepted the donation. Copies of all | ||||||
25 | written confirmations must be submitted in the annual | ||||||
26 | report required under Section 30. |
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1 | (3) The total weight of CEDs collected by manufacturers | ||||||
2 | free of charge in underserved counties is doubled. This | ||||||
3 | subsection applies only to CEDs that are documented by | ||||||
4 | collectors as being collected or received free of charge in | ||||||
5 | underserved counties. This documentation must include, | ||||||
6 | without limitation, the date and location of collection or | ||||||
7 | receipt, the weight of the CEDs collected or received, and | ||||||
8 | an acknowledgement by the collector that the CEDs were | ||||||
9 | collected or received free of charge. Copies of the | ||||||
10 | documentation must be submitted in the annual report | ||||||
11 | required under subsection (h), (i), (j), (k), or (l) of | ||||||
12 | Section 30. | ||||||
13 | (e) Manufacturers of computers, computer monitors, or | ||||||
14 | printers, either individually or collectively, shall hire an | ||||||
15 | independent third-party auditor to perform statistically | ||||||
16 | significant return share samples of CEDs received by recyclers | ||||||
17 | and refurbishers for recycling or processing for reuse. Each | ||||||
18 | third-party auditor shall perform a return share sample of CEDs | ||||||
19 | for at least one 8-hour period, once a quarter during the | ||||||
20 | program year at the facility of each registered recycler and | ||||||
21 | refurbisher under contract with the manufacturer or group of | ||||||
22 | manufacturers that has hired the auditor. The audit shall | ||||||
23 | contain the following data: | ||||||
24 | (1) the number and weight of CEDs, sorted by brand name | ||||||
25 | and product type, including a category for orphan CEDs; | ||||||
26 | (2) the total weight of the sample by product type; |
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1 | (3) the date, location, and time of the sampling; | ||||||
2 | (4) the name or names of the manufacturer for whom the | ||||||
3 | recycler is performing activities under this Act; and | ||||||
4 | (5) a certification by the third-party auditor that the | ||||||
5 | sampling is statistically significant and, if not, an | ||||||
6 | explanation as to what occurred to render the sampling | ||||||
7 | insignificant. | ||||||
8 | The manufacturer shall notify the Agency 30 days prior to | ||||||
9 | the third-party auditor's return share sampling by providing | ||||||
10 | the Agency with the time and date on which the third-party | ||||||
11 | auditor will perform the return share sample. The Agency may, | ||||||
12 | at its discretion, be present at any sampling event and may | ||||||
13 | audit the methodology and the results of the third-party | ||||||
14 | auditor. | ||||||
15 | No less than 30 days after the close of each calendar | ||||||
16 | quarter, the manufacturer shall submit to the Agency the | ||||||
17 | results of the third-party samplings conducted during the | ||||||
18 | quarter. The results shall be submitted in the form and manner | ||||||
19 | required by the Agency. | ||||||
20 | (f) Manufacturers shall ensure that only recyclers and | ||||||
21 | refurbishers that have registered with the Agency are used to | ||||||
22 | meet the individual recycling and reuse goals set forth in this | ||||||
23 | Act. | ||||||
24 | (g) Manufacturers shall ensure that the recyclers and | ||||||
25 | refurbishers used to meet the individual recycling and reuse | ||||||
26 | goals set forth in this Act shall, at a minimum, comply with |
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1 | the standards set forth under subsection (d) of Section 50 of | ||||||
2 | this Act. | ||||||
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 calculated by multiplying the weight | ||||||
8 | of its televisions sold nationally by the quotient that results | ||||||
9 | from dividing the population of Illinois by the population of | ||||||
10 | the United States as set forth in the reports to manufacturers | ||||||
11 | by retailers under subsection (c) of Section 40 . | ||||||
12 | (i) No later than September 1, 2010, television | ||||||
13 | manufacturers must submit to the Agency, in the form and manner | ||||||
14 | required by the Agency, a report for the period January 1, 2010 | ||||||
15 | through June 30, 2010 that contains the following information: | ||||||
16 | (1) the total weight of televisions sold under each of | ||||||
17 | the manufacturer's brands to individuals at retail in this | ||||||
18 | State, as calculated by multiplying the weight of its | ||||||
19 | televisions sold nationally by the quotient that results | ||||||
20 | from dividing the population of Illinois by the population | ||||||
21 | of the United States set forth in the reports submitted | ||||||
22 | under subsection (d) of Section 40 ; and | ||||||
23 | (2) the total weight of computers, the total weight of | ||||||
24 | computer monitors, the total weight of printers, the total | ||||||
25 | weight of televisions, and the total weight of EEDs | ||||||
26 | recycled or processed for reuse. |
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1 | (j) By August 15, 2010, computer, computer monitor, and | ||||||
2 | printer manufacturers shall submit to the Agency, on forms and | ||||||
3 | in a format prescribed by the Agency, a report for the period | ||||||
4 | January 1, 2010 through June 30, 2010 that contains the total | ||||||
5 | weight of computers, the total weight of computer monitors, the | ||||||
6 | total weight of printers, the total weight of televisions, and | ||||||
7 | the total weight of EEDs, recycled or processed for reuse. | ||||||
8 | (k) No later than April 1 of program years 2011 and | ||||||
9 | thereafter, television manufacturers shall submit to the | ||||||
10 | Agency, in the form and manner required by the Agency, a report | ||||||
11 | that contains the following information for the previous | ||||||
12 | program year: | ||||||
13 | (1) the total weight of televisions sold under each of | ||||||
14 | the manufacturer's brands to individuals at retail in this | ||||||
15 | State, as calculated by multiplying the weight of its | ||||||
16 | televisions sold nationally by the quotient that results | ||||||
17 | from dividing the population of Illinois by the population | ||||||
18 | of the United States set forth in the reports submitted | ||||||
19 | under subsection (e) of Section 40 ; | ||||||
20 | (2) the total weight of computers, the total weight of | ||||||
21 | computer monitors, the total weight of printers, the total | ||||||
22 | weight of televisions, and the total weight of EEDs | ||||||
23 | recycled or processed for reuse; | ||||||
24 | (3) the identification of all weights that are adjusted | ||||||
25 | under subsection (d) of this Section. For all weights | ||||||
26 | adjusted under item (2) of subsection (d), the manufacturer |
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1 | must include copies of the written confirmation required | ||||||
2 | under that subsection; | ||||||
3 | (4) a list of each recycler, refurbisher, and collector | ||||||
4 | used by the manufacturer to fulfill the manufacturer's | ||||||
5 | individual recycling and reuse goal set forth in Section 19 | ||||||
6 | of this Act; | ||||||
7 | (5) a summary of the manufacturer's consumer education | ||||||
8 | program required under subsection (m) of this Section. | ||||||
9 | (l) No later than April 1 of program years 2011 and | ||||||
10 | thereafter, computer, computer monitor, and printer | ||||||
11 | manufacturers shall submit to the Agency, on forms and in a | ||||||
12 | format prescribed by the Agency, a report that contains the | ||||||
13 | following information for the previous program year: | ||||||
14 | (1) the total weight of computers, the total weight of | ||||||
15 | computer monitors, the total weight of printers, the total | ||||||
16 | weight of televisions, and the total weight of EEDs | ||||||
17 | recycled or processed for reuse; | ||||||
18 | (2) the identification of all weights that are adjusted | ||||||
19 | under subsection (d) of this Section. For all weights | ||||||
20 | adjusted under item (2) of subsection (d), the manufacturer | ||||||
21 | must include copies of the written confirmation required | ||||||
22 | under that subsection; | ||||||
23 | (3) a list of each recycler, refurbisher, and collector | ||||||
24 | used by the manufacturer to fulfill the manufacturer's | ||||||
25 | individual recycling and reuse goal set forth in subsection | ||||||
26 | (c) of Section 15 of this Act; and |
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1 | (4) a summary of the manufacturer's consumer education | ||||||
2 | program required under subsection (m) of this Section. | ||||||
3 | (m) Manufacturers must develop and maintain a consumer | ||||||
4 | education program that complements and corresponds to the | ||||||
5 | primary retailer-driven campaign required under Section 40 of | ||||||
6 | this Act. The education program shall promote the recycling of | ||||||
7 | electronic products and proper end-of-life management of the | ||||||
8 | products by consumers. | ||||||
9 | (n) Beginning January 1 2010, no manufacturer may sell a | ||||||
10 | computer, computer monitor, printer, or television in this | ||||||
11 | State unless the manufacturer is registered with the State as | ||||||
12 | required under this Act, has paid the required registration | ||||||
13 | fee, and is otherwise in compliance with the provisions of this | ||||||
14 | Act. | ||||||
15 | (o) Beginning January 1, 2010, no manufacturer may sell a | ||||||
16 | computer, computer monitor, printer, or television in this | ||||||
17 | State unless the manufacturer's brand name is permanently | ||||||
18 | affixed to, and is readily visible on, the computer, computer | ||||||
19 | monitor, printer, or television.
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20 | (Source: P.A. 95-959, eff. 9-17-08.) | ||||||
21 | (415 ILCS 150/40)
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22 | Sec. 40. Retailer responsibilities. | ||||||
23 | (a) Retailers shall be a primary source of information | ||||||
24 | about end-of-life options to residential consumers of | ||||||
25 | computers, computer monitors, printers, and televisions. At |
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1 | the time of sale, the retailer shall provide each residential | ||||||
2 | consumer with information from the Agency's website that | ||||||
3 | provides information detailing where and how a consumer can | ||||||
4 | recycle a CED or return a CED for reuse. | ||||||
5 | (b) Beginning January 1, 2010, no retailer may sell or | ||||||
6 | offer for sale any computer, computer monitor, printer, or | ||||||
7 | television in or for delivery into this State unless: | ||||||
8 | (1) the computer, computer monitor, printer, or | ||||||
9 | television is labeled with a brand and the label is
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10 | permanently affixed and readily visible; and | ||||||
11 | (2) the manufacturer is registered with the Agency and | ||||||
12 | has paid the required registration fee as required under | ||||||
13 | Section 20 of this Act. | ||||||
14 | This subsection (b) does not apply to any computer, computer | ||||||
15 | monitor, printer, or television that was purchased prior to | ||||||
16 | January 1, 2010. | ||||||
17 | (c) (Blank). By July 1, 2009, retailers shall report to | ||||||
18 | each television manufacturer, by model, the number of | ||||||
19 | televisions sold at retail to individuals in this State under | ||||||
20 | each of the manufacturer's brands during the 6-month period | ||||||
21 | from October 1, 2008 through March 31, 2009. | ||||||
22 | (d) (Blank). By August 1, 2010, retailers shall report to | ||||||
23 | each television manufacturer, by model, the number of | ||||||
24 | televisions sold at retail to individuals in this State under | ||||||
25 | each of the manufacturer's brands between January 1, 2010 and | ||||||
26 | June 30, 2010. |
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1 | (e) (Blank). No later than February 15 of each program | ||||||
2 | year, retailers shall report to each television manufacturer, | ||||||
3 | by model, the number of televisions sold at retail to | ||||||
4 | individuals in this State under each of the manufacturer's | ||||||
5 | brands during the previous program year.
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6 | (Source: P.A. 95-959, eff. 9-17-08.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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