Rep. Nick Sauer
Filed: 5/24/2018
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1 | AMENDMENT TO SENATE BILL 3550
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2 | AMENDMENT NO. ______. Amend Senate Bill 3550 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Consumer Electronics Recycling Act is | ||||||
5 | amended by changing Sections 1-10 and 1-25 as follows: | ||||||
6 | (415 ILCS 151/1-10)
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7 | (Section scheduled to be repealed on December 31, 2026) | ||||||
8 | Sec. 1-10. Manufacturer e-waste program. | ||||||
9 | (a) For program year 2019 and each program year thereafter, | ||||||
10 | each manufacturer shall, individually or as part of a | ||||||
11 | manufacturer clearinghouse, provide a manufacturer e-waste | ||||||
12 | program to transport and subsequently recycle, in accordance | ||||||
13 | with the requirements of this Act, residential CEDs collected | ||||||
14 | at, and prepared for transport from, the program collection | ||||||
15 | sites and one-day collection events included in the program | ||||||
16 | during the program year. |
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1 | (b) Each manufacturer e-waste program must include, at a | ||||||
2 | minimum, the following: | ||||||
3 | (1) satisfaction of the convenience standard described | ||||||
4 | in Section 1-15 of this Act; | ||||||
5 | (2) instructions for designated county recycling | ||||||
6 | coordinators and municipal joint action agencies to | ||||||
7 | annually file notice to participate in the program; | ||||||
8 | (3) transportation and subsequent recycling of the | ||||||
9 | residential CEDs collected at, and prepared for transport | ||||||
10 | from, the program collection sites and one-day collection | ||||||
11 | events included in the program during the program year; and | ||||||
12 | (4) submission of a report to the Agency, by March 1, | ||||||
13 | 2020, and each March 1 thereafter, which includes: | ||||||
14 | (A) the total weight of all residential CEDs | ||||||
15 | transported from program collection sites and one-day | ||||||
16 | collection events throughout the State during the | ||||||
17 | preceding program year by CED category; | ||||||
18 | (B) the total weight of residential CEDs | ||||||
19 | transported from all program collection sites and | ||||||
20 | one-day collection events in each county in the State | ||||||
21 | during the preceding program year by CED category; and | ||||||
22 | (C) the total weight of residential CEDs | ||||||
23 | transported from all program collection sites and | ||||||
24 | one-day collection events in each county in the State | ||||||
25 | during that preceding program year and that was | ||||||
26 | recycled. |
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1 | (c) Each manufacturer e-waste program shall make the | ||||||
2 | instructions required under paragraph (2) of subsection (b) | ||||||
3 | available on its website by December 1, 2017, and the program | ||||||
4 | shall provide to the Agency a hyperlink to the website for | ||||||
5 | posting on the Agency's website.
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6 | (d) Nothing in this Act shall prevent a manufacturer from | ||||||
7 | accepting, through a manufacturer e-waste program, residential | ||||||
8 | CEDs collected through a curbside or drop-off collection | ||||||
9 | program that is operated pursuant to a residential franchise | ||||||
10 | collection an agreement authorized by Section 11-19-1 of the | ||||||
11 | Illinois Municipal Code or Section 5-1048 of the Counties Code | ||||||
12 | between a third party and a unit of local government located | ||||||
13 | within a county or municipal joint action agency that has | ||||||
14 | elected to participate in a manufacturer e-waste program. | ||||||
15 | (e) A collection program operated in accordance with this | ||||||
16 | Section shall: | ||||||
17 | (1) meet the collector responsibilities under | ||||||
18 | subsections (a), (a-5), (d), (e), and (g) under Section | ||||||
19 | 1-45 and require certification on the bill of lading or | ||||||
20 | similar manifest from the unit of local government, the | ||||||
21 | third party, and the county or municipal joint action | ||||||
22 | agency that elected to participate in the manufacturer | ||||||
23 | e-waste program that the CEDs were collected, to the best | ||||||
24 | of their knowledge, from residential consumers in the State | ||||||
25 | of Illinois; | ||||||
26 | (2) comply with the audit provisions under subsection |
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1 | (g) of Section 1-30; | ||||||
2 | (3) locate any drop-off location where CEDs are | ||||||
3 | collected on property owned by a unit of local government; | ||||||
4 | and | ||||||
5 | (4) have signage at any drop-off location indicating | ||||||
6 | only residential CEDs are accepted for recycling. | ||||||
7 | Manufacturers of CEDs are not financially responsible for | ||||||
8 | transporting and consolidating CEDs collected from a | ||||||
9 | collection program's drop-off location. Any drop-off location | ||||||
10 | used in 2019 must have been identified by the county or | ||||||
11 | municipal joint action agency in the written notice of election | ||||||
12 | to participate in the manufacturer e-waste program in | ||||||
13 | accordance with Section 1-20 by March 1, 2018. Any drop-off | ||||||
14 | location operating in 2020 or in subsequent years must be | ||||||
15 | identified by the county or municipal joint action agency in | ||||||
16 | the annual written notice of election to participate in a | ||||||
17 | manufacturer e-waste program in accordance with Section 1-20 to | ||||||
18 | be eligible for the subsequent program year. | ||||||
19 | (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.) | ||||||
20 | (415 ILCS 151/1-25)
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21 | (Section scheduled to be repealed on December 31, 2026) | ||||||
22 | Sec. 1-25. Manufacturer e-waste program plans. | ||||||
23 | (a) By September July 1, 2018 for program year 2019 , and by | ||||||
24 | July 1 of each year thereafter for the upcoming program year, | ||||||
25 | beginning with program year 2019 , each manufacturer shall, |
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1 | individually or as a manufacturer clearinghouse, submit to the | ||||||
2 | Agency a manufacturer e-waste program plan, which includes, at | ||||||
3 | a minimum, the following:
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4 | (1) the contact information for the individual who will | ||||||
5 | serve as the point of contact for the manufacturer e-waste | ||||||
6 | program;
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7 | (2) the identity of each county that has elected to | ||||||
8 | participate in the manufacturer e-waste program during the | ||||||
9 | program year;
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10 | (3) for each county, the location of each program | ||||||
11 | collection site and one-day collection event included in | ||||||
12 | the manufacturer e-waste program for the program year;
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13 | (4) the collector operating each program collection | ||||||
14 | site and one-day collection event included in the | ||||||
15 | manufacturer e-waste program for the program year;
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16 | (5) the recyclers that manufacturers plan to use during | ||||||
17 | the program year to transport and subsequently recycle | ||||||
18 | residential CEDs under the program, with the updated list | ||||||
19 | of recyclers to be provided to the Agency no later than | ||||||
20 | December 1 preceding each program year; and
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21 | (6) an explanation of any deviation by the program from | ||||||
22 | the standard program collection site distribution set | ||||||
23 | forth in subsection (a) of Section 1-15 of this Act for the | ||||||
24 | program year, along with copies of all written agreements | ||||||
25 | made pursuant to paragraphs (1) or (2) of subsection (b) of | ||||||
26 | Section 1-15 for the program year.
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1 | (b) Within 60 days after receiving a manufacturer e-waste | ||||||
2 | program plan, the Agency shall review the plan and approve the | ||||||
3 | plan or disapprove the plan.
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4 | (1) If the Agency determines that the program | ||||||
5 | collection sites and one-day collection events specified | ||||||
6 | in the plan will satisfy the convenience standard set forth | ||||||
7 | in Section 1-15 of this Act, then the Agency shall approve | ||||||
8 | the manufacturer e-waste program plan and provide written | ||||||
9 | notification of the approval to the individual who serves | ||||||
10 | as the point of contact for the manufacturer.
The Agency | ||||||
11 | shall make the approved plan available on the Agency's | ||||||
12 | website. | ||||||
13 | (2) If the Agency determines the plan will not satisfy | ||||||
14 | the convenience standard set forth in Section 1-15 of this | ||||||
15 | Act, then the Agency shall disapprove the manufacturer | ||||||
16 | e-waste program plan and provide written notification of | ||||||
17 | the disapproval and the reasons for the disapproval to the | ||||||
18 | individual who serves as the point of contact for the | ||||||
19 | manufacturer. Within 30 days after the date of disapproval, | ||||||
20 | the manufacturer shall submit a revised manufacturer | ||||||
21 | e-waste program plan that addresses the deficiencies noted | ||||||
22 | in the Agency's disapproval.
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23 | (c) Manufacturers shall assume financial responsibility | ||||||
24 | for carrying out their e-waste program plans, including, but | ||||||
25 | not limited to, financial responsibility for providing the | ||||||
26 | packaging materials necessary to prepare shipments of |
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1 | collected residential CEDs in compliance with subsection (e) of | ||||||
2 | Section 1-45, as well as financial responsibility for bulk | ||||||
3 | transportation and recycling of collected residential CEDs. | ||||||
4 | (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)".
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