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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 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Packaging and Paper Products Stewardship Act. | |||||||||||||||||||
6 | Section 5. Findings and purpose. The General Assembly | |||||||||||||||||||
7 | finds that:
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8 | (1) Recycling rates have been stagnant in Illinois for | |||||||||||||||||||
9 | over 15 years. Many Illinois counties continue to fall | |||||||||||||||||||
10 | short of the long-standing recycling goal of 25% | |||||||||||||||||||
11 | established in 1988 in the Solid Waste Planning and | |||||||||||||||||||
12 | Recycling Act, principally due to a lack of cost-effective | |||||||||||||||||||
13 | access to recycling services.
| |||||||||||||||||||
14 | (2) In Illinois, more than 40% (over 7 million tons | |||||||||||||||||||
15 | per year) of municipal solid waste disposed of in | |||||||||||||||||||
16 | landfills is comprised of packaging and paper products. Of | |||||||||||||||||||
17 | this amount, nearly 80% consists of materials commonly | |||||||||||||||||||
18 | collected in curbside recycling programs in areas of the | |||||||||||||||||||
19 | State with mature recycling programs. The remainder | |||||||||||||||||||
20 | includes packaging products such as polystyrene, #3-#7 | |||||||||||||||||||
21 | plastics, plastic bags, flexible pouches, and other | |||||||||||||||||||
22 | plastic films which are not currently acceptable in | |||||||||||||||||||
23 | curbside recycling and for which limited drop-off |
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| |||||||
1 | recycling options exist.
| ||||||
2 | (3) Consumers have limited sustainable purchasing | ||||||
3 | choices. Illinois residents are generating packaging and | ||||||
4 | paper waste that is beyond their ability to reuse or | ||||||
5 | recycle. Consumers are also given confusing, inconsistent | ||||||
6 | messages through various means about which materials can | ||||||
7 | be recycled, and thus inadvertently create contamination | ||||||
8 | in recycling streams. There is widespread recycling | ||||||
9 | fatigue and public skepticism about the efficacy of | ||||||
10 | recycling in Illinois.
| ||||||
11 | (4) Volatility in global recycling markets due to | ||||||
12 | import restrictions such as the China National Sword | ||||||
13 | policy, as well as impacts on supply chains and material | ||||||
14 | demand due to the COVID-19 pandemic, have further | ||||||
15 | challenged markets for recycled materials and destabilized | ||||||
16 | the recycling system in the State.
| ||||||
17 | (5) Significant and increasing quantities of plastics | ||||||
18 | and packaging materials are seen in the environment, | ||||||
19 | including in Illinois rivers, lakes, and streams. This | ||||||
20 | pollution impacts the drinking water, wildlife, and | ||||||
21 | recreational value of vital natural resources.
| ||||||
22 | (6) Consumer brands have little incentive to reduce | ||||||
23 | the amount of packaging they use or to choose more | ||||||
24 | sustainable materials to package products. Units of local | ||||||
25 | government and residents must, therefore, manage | ||||||
26 | increasingly complex materials even though they have no |
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| |||||||
1 | input in designing or bringing these materials to market.
| ||||||
2 | (7) Units of local government are struggling to fund | ||||||
3 | collection and processing costs for an increasing volume | ||||||
4 | of packaging and paper products, and the cost of recycling | ||||||
5 | programs continues to rise with the complexity of the | ||||||
6 | material stream that material recycling facilities are | ||||||
7 | required to manage. Furthermore, many multifamily | ||||||
8 | residences and rural areas of the State do not have access | ||||||
9 | to adequate recycling opportunities.
| ||||||
10 | (8) As materials continue to be landfilled and | ||||||
11 | littered, lower-income and rural communities across the | ||||||
12 | State disproportionately bear the environmental, health, | ||||||
13 | and economic consequences. Furthermore, by failing to | ||||||
14 | reuse or recycle packaging and paper products Illinois | ||||||
15 | loses economic value and green sector jobs.
| ||||||
16 | (9) A producer responsibility program for packaging | ||||||
17 | and paper products in Illinois would require producers to | ||||||
18 | pay for and manage a statewide recycling system for their | ||||||
19 | packaging and paper products, including cardboard, | ||||||
20 | plastic, metal, paper, and other common recyclables. The | ||||||
21 | producer responsibility program would provide additional | ||||||
22 | environmental benefits by reducing demand on natural | ||||||
23 | resources, greenhouse gas emissions, and litter and by | ||||||
24 | increasing the recyclability of products.
| ||||||
25 | Section 10. Definitions. In this Act:
|
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| |||||||
1 | "Advisory Council" means the Packaging and Paper Product | ||||||
2 | Producer Responsibility Advisory Council established under | ||||||
3 | Section 15.
| ||||||
4 | "Agency" means the Illinois Environmental Protection | ||||||
5 | Agency.
| ||||||
6 | "Alternative collection program" means a program for the | ||||||
7 | management of covered materials that is operated by an | ||||||
8 | individual producer, group of producers, or producer | ||||||
9 | responsibility organization and that has been approved by the | ||||||
10 | Agency in accordance with Section 75.
| ||||||
11 | "Board" means the Illinois Pollution Control Board.
| ||||||
12 | "Compost" has the same meaning as defined in Section 3.150 | ||||||
13 | of the Environmental Protection Act.
| ||||||
14 | "Compostable materials" means a covered material that is | ||||||
15 | designed to contact, contain, or carry a product, that can be | ||||||
16 | collected for composting, and that is capable of undergoing | ||||||
17 | aerobic biological decomposition in a controlled composting | ||||||
18 | system as demonstrated by meeting ASTM D6400, ASTM D6868, or | ||||||
19 | any successor standards.
| ||||||
20 | "Composting rate" means the percentage of discarded | ||||||
21 | covered materials that are managed through composting. A | ||||||
22 | "composting rate" is calculated by dividing the total weight | ||||||
23 | of all covered materials that are collected for composting by | ||||||
24 | the total weight of covered materials sold, distributed, or | ||||||
25 | served to consumers in the State over a program year.
| ||||||
26 | "Covered entity" means a person or entity responsible for: |
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| |||||||
1 | (1) a single or multifamily residence, either | ||||||
2 | individually or jointly through a unit of local | ||||||
3 | government; | ||||||
4 | (2) a public or private school for grades kindergarten | ||||||
5 | through 12th grade; | ||||||
6 | (3) a State or local government facility; and | ||||||
7 | (4) a public space, including, but not limited to, | ||||||
8 | public spaces, such as parks, trails, transit stations, | ||||||
9 | and pedestrian areas for which the State or a unit of local | ||||||
10 | government is responsible.
| ||||||
11 | "Covered material" means a packaging material or paper | ||||||
12 | product, regardless of recyclability, compostability, or | ||||||
13 | material type. "Covered material" does not include packaging | ||||||
14 | materials or paper products that are subject to collection and | ||||||
15 | recycling through a separate State stewardship law.
| ||||||
16 | "Curbside recycling" means the collection of recyclable | ||||||
17 | materials from covered entities at the site where the | ||||||
18 | recyclable materials are generated. "Curbside recycling" may | ||||||
19 | be provided by a covered entity directly or by a | ||||||
20 | private-sector company operating through a contract with a | ||||||
21 | covered entity or with any other person in the State.
| ||||||
22 | "Director" means the Director of the Agency. | ||||||
23 | "Drop-off recycling" means the collection of recyclable | ||||||
24 | material from a covered entity at one or more centralized | ||||||
25 | sites.
| ||||||
26 | "Hauler" means a person who collects recyclable materials |
| |||||||
| |||||||
1 | and transports them to a transfer station or MRF. A "hauler" | ||||||
2 | may be a covered entity or a private-sector company operating | ||||||
3 | through a contract with a covered entity or with any other | ||||||
4 | person in the State.
| ||||||
5 | "Material recovery facility" or "MRF" means a facility | ||||||
6 | where recyclable materials collected via curbside recycling or | ||||||
7 | drop-off recycling are consolidated and sorted for return to | ||||||
8 | the economic mainstream in the form of raw materials.
| ||||||
9 | "Mechanical recycling" means the use of physical processes | ||||||
10 | to sort and prepare recovered materials for use in the | ||||||
11 | production of new materials without changing the molecular | ||||||
12 | structure of the
recovered material. | ||||||
13 | "Nonprofit organization" means a tax-exempt charitable or | ||||||
14 | social welfare organization operating under 26 U.S.C. | ||||||
15 | 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code of | ||||||
16 | 1986, as amended.
| ||||||
17 | "Packaging" means a discrete material or category of | ||||||
18 | material, regardless of recyclability. "Packaging" includes, | ||||||
19 | but is not limited to, a material type, such as paper, plastic, | ||||||
20 | glass, metal, or multi-material, that is:
| ||||||
21 | (1) used to protect, contain, transport, or serve a | ||||||
22 | product;
| ||||||
23 | (2) sold or supplied to consumers expressly for the | ||||||
24 | purpose of protecting, containing, transporting, or | ||||||
25 | serving products;
| ||||||
26 | (3) attached to a product or its container for the |
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1 | purpose of marketing or communicating information about | ||||||
2 | the product;
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3 | (4) supplied at the point of sale to facilitate the | ||||||
4 | delivery of the product; or
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5 | (5) supplied to or purchased by consumers expressly | ||||||
6 | for the purpose of facilitating food or beverage | ||||||
7 | consumption and ordinarily disposed of after a single use | ||||||
8 | or short-term use, whether or not it could be reused.
| ||||||
9 | "Packaging" does not include: | ||||||
10 | (1) a medical device or packaging that is included | ||||||
11 | with products regulated: | ||||||
12 | (A) as a drug, medical device, or dietary | ||||||
13 | supplement by the United States Food and Drug | ||||||
14 | Administration under the Federal Food, Drug, and | ||||||
15 | Cosmetic Act; | ||||||
16 | (B) as combination product as defined under 21 CFR | ||||||
17 | 3.2(e); or | ||||||
18 | (C) under the federal Dietary Supplement Health | ||||||
19 | and Education Act of 1994; | ||||||
20 | (2) animal biologics, including, but not limited to, | ||||||
21 | vaccines, bacterins, antisera, diagnostic kits, other | ||||||
22 | products of biological origin, and other covered materials | ||||||
23 | regulated by the United States Department of Agriculture | ||||||
24 | under the federal Virus, Serum, Toxin Act;
| ||||||
25 | (3) packaging regulated under the Federal Insecticide, | ||||||
26 | Fungicide, and Rodenticide Act or another applicable |
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1 | federal law, rule, or regulation; and
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2 | (4) beverage containers subject to a returnable | ||||||
3 | container deposit, if applicable.
| ||||||
4 | "Paper product" means: | ||||||
5 | (1) paper that can or has been printed on to create | ||||||
6 | flyers, brochures, booklets, catalogs, greeting cards, | ||||||
7 | telephone directories, newspapers, magazines; and | ||||||
8 | (2) paper used for copying, writing, or any other | ||||||
9 | general use. | ||||||
10 | "Paper product" does not include:
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11 | (1) paper that, by virtue of its anticipated use, | ||||||
12 | could become unsafe or unsanitary to recycle; or
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13 | (2) any form of bound book, including, but not limited | ||||||
14 | to, bound books for literary, textual, or reference | ||||||
15 | purposes.
| ||||||
16 | "Person" means any individual, partnership, | ||||||
17 | co-partnership, firm, company, limited liability company, | ||||||
18 | corporation, association, joint-stock company, trust, estate, | ||||||
19 | political subdivision, State agency, any other legal entity, | ||||||
20 | or their legal representative, agent, or assign.
| ||||||
21 | "Postconsumer material" means covered materials that have | ||||||
22 | served their intended end use as consumer items. "Postconsumer | ||||||
23 | material" does not include a byproduct or waste material | ||||||
24 | generated during or after the completion of a manufacturing or | ||||||
25 | converting process.
| ||||||
26 | "Postconsumer recycled content" means the portion of a |
| |||||||
| |||||||
1 | covered material made from postconsumer material that has been | ||||||
2 | recycled.
| ||||||
3 | "Producer" means the following:
| ||||||
4 | (1) For products sold, offered for sale, distributed, | ||||||
5 | or served in packaging to consumers at a physical retail | ||||||
6 | location in this State:
| ||||||
7 | (A) the product's manufacturer, if the product is | ||||||
8 | sold, offered for sale, distributed, or served in | ||||||
9 | packaging under the product manufacturer's own brand | ||||||
10 | or in packaging that lacks identification of a brand;
| ||||||
11 | (B) except as provided under subparagraph (C), the | ||||||
12 | owner of the brand under which the product is sold, | ||||||
13 | offered for sale, distributed, or served to consumers, | ||||||
14 | if the product is sold, offered for sale, distributed, | ||||||
15 | or served to consumers under a brand other than the | ||||||
16 | product manufacturer's own brand; | ||||||
17 | (C) the manufacturer of the packaging and not its | ||||||
18 | retailer, if the product is manufactured on behalf of | ||||||
19 | a retailer and is sold, offered for sale, distributed, | ||||||
20 | or served under the retailer's brand or is licensed or | ||||||
21 | trademarked by the retailer; or
| ||||||
22 | (D) if there is no person described in | ||||||
23 | subparagraphs (A), (B), or (C) within the United | ||||||
24 | States, the person who imports the product into the | ||||||
25 | United States.
| ||||||
26 | (2) For products sold, distributed, or served in |
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| |||||||
1 | packaging to consumers in this State via remote sale, | ||||||
2 | distribution, or service:
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3 | (A) the producer of the product's packaging is the | ||||||
4 | producer determined under paragraph (1); and
| ||||||
5 | (B) the producer of packaging used to ship the | ||||||
6 | product to a consumer, such as a box, envelope, or | ||||||
7 | other packaging used for shipping, is the person that | ||||||
8 | manufactured the packaging used for shipping.
| ||||||
9 | (3) For all packaging that is a covered material, | ||||||
10 | other than packaging identified in paragraphs (1) and (2), | ||||||
11 | the manufacturer of the packaged product is the producer | ||||||
12 | of the packaging.
| ||||||
13 | (4) For paper products that are publications, such as | ||||||
14 | magazines, newspapers, catalogs, or telephone directories, | ||||||
15 | the publisher is the producer of the paper product.
| ||||||
16 | (5) For paper products not described in paragraph (4), | ||||||
17 | the producer is the same as the producer as determined | ||||||
18 | under paragraphs (1) and (2).
| ||||||
19 | "Producer" does not include:
| ||||||
20 | (1) government agencies or units of local government;
| ||||||
21 | (2) nonprofit organizations;
| ||||||
22 | (3) retailers; or
| ||||||
23 | (4) persons that annually sell, offer for sale, | ||||||
24 | distribute, or serve to consumers in this State, or import | ||||||
25 | into the United States for sale in this State, either:
| ||||||
26 | (A) less than one ton of covered materials in a |
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1 | program year in this State; or
| ||||||
2 | (B) packaged products that generate less than | ||||||
3 | $3,000,000 in gross revenue nationally in a program | ||||||
4 | year.
| ||||||
5 | "Producer responsibility organization" means a registered | ||||||
6 | nonprofit organization designated by one or more producers to | ||||||
7 | act as an agent on behalf of each producer in the group for | ||||||
8 | purposes of developing and implementing a program plan in | ||||||
9 | accordance with this Act.
| ||||||
10 | "Producer responsibility program plan" or "program plan" | ||||||
11 | means the program plan required under Section 45. | ||||||
12 | "Program year" means a calendar year. The first program | ||||||
13 | year is calendar year 2026.
| ||||||
14 | "Readily recyclable material" means a covered material | ||||||
15 | included in the minimum recyclables list developed under | ||||||
16 | Section 35. | ||||||
17 | "Reasonable rate" means the funding rate paid by | ||||||
18 | producers, either individually or jointly with other | ||||||
19 | producers, through a producer responsibility organization and | ||||||
20 | using the actual rate established in a contract for services | ||||||
21 | or the actual cost to provide service by a covered entity. If a | ||||||
22 | contract for services is not in place or services are not | ||||||
23 | provided directly by a covered entity on or before the | ||||||
24 | effective date of this Act, the contract shall be | ||||||
25 | competitively procured through a process seeking requests for | ||||||
26 | proposals in accordance with the statutory authority granted |
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| |||||||
1 | to units of local government under Illinois law.
| ||||||
2 | "Recovery rate" means the percentage of covered materials | ||||||
3 | recovered for recycling, reclamation, reuse, or composting. | ||||||
4 | The "recovery rate" is calculated by dividing the total weight | ||||||
5 | of all covered materials collected for recycling, reclamation, | ||||||
6 | reuse, or composting by the total weight of covered materials | ||||||
7 | sold, distributed, or served to consumers in this State over a | ||||||
8 | program year.
| ||||||
9 | "Recycling" means recycling, reclamation or reuse as | ||||||
10 | defined in Section 3.380 of the Environmental Protection Act. | ||||||
11 | "Recycling" does not include landfill disposal of covered | ||||||
12 | materials or the residue resulting from the processing of | ||||||
13 | covered materials at a MRF, use as alternative daily cover or | ||||||
14 | any other beneficial use at a landfill, incineration, energy | ||||||
15 | recovery, or energy generation by means of combustion, or | ||||||
16 | final conversion of a covered material or a covered material's | ||||||
17 | components and by-products to a fuel. | ||||||
18 | "Recycling rate" means the percentage of covered materials | ||||||
19 | returned to the economic mainstream in the form of raw | ||||||
20 | materials or products rather than being disposed of or | ||||||
21 | discarded. The "recycling rate" is calculated by dividing the | ||||||
22 | total weight of all covered materials that are collected for | ||||||
23 | recycling by the total weight of covered materials sold, | ||||||
24 | distributed, or served to consumers in the State over a | ||||||
25 | program year, not including the residue that is landfilled | ||||||
26 | after processing by a MRF.
|
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| |||||||
1 | "Restaurant" means a business having sales of ready-to-eat | ||||||
2 | food for immediate consumption comprising at least 51% of the | ||||||
3 | total sales, excluding the sale of liquor.
| ||||||
4 | "Retailer" means any person engaged in the business of | ||||||
5 | making sales at retail that generate occupation or use tax | ||||||
6 | revenue, including, but not limited to, sales made through an | ||||||
7 | Internet transaction to deliver an item to a consumer in the | ||||||
8 | State. "Retailer" includes a restaurant. | ||||||
9 | "Reusable" means:
| ||||||
10 | (1) designed to be refilled or used repeatedly for its | ||||||
11 | original intended purpose and is returnable;
| ||||||
12 | (2) safe for washing and sanitizing according to | ||||||
13 | applicable State food safety laws; and
| ||||||
14 | (3) with the exception of ceramic products, capable of | ||||||
15 | being recycled at the end of use.
| ||||||
16 | "Reuse" means the return of packaging to the economic | ||||||
17 | stream for use in the same kind of application intended for the | ||||||
18 | original packaging without effectuating a change in the | ||||||
19 | original composition of the package, the identity of the | ||||||
20 | product, or the components thereof.
| ||||||
21 | "Reuse and refill system" means a program or set of | ||||||
22 | mechanisms designed to facilitate multiple uses of packaging, | ||||||
23 | including, but not limited to, deposits, incentives, curbside | ||||||
24 | collection, collection kiosks, refill stations, dishwashing | ||||||
25 | facilities, and redistribution networks.
| ||||||
26 | "Reusable or refillable packaging" means packaging that is |
| |||||||
| |||||||
1 | specifically designed and manufactured to maintain its shape | ||||||
2 | and structure and to be materially durable for repeated | ||||||
3 | sanitizing, washing, and reuse.
| ||||||
4 | "Rigid plastic" means packaging made of plastic that has a | ||||||
5 | relatively inflexible finite shape or form and is capable of | ||||||
6 | maintaining its shape while empty or while holding other | ||||||
7 | products.
| ||||||
8 | "Service provider" means a hauler, transfer station, or | ||||||
9 | MRF.
| ||||||
10 | "Single-use packaging or product" means a packaging or | ||||||
11 | product that is supplied to or purchased by consumers | ||||||
12 | expressly for the purpose of facilitating food or beverage | ||||||
13 | consumption and that is ordinarily disposed of after a single | ||||||
14 | use or short-term use, whether or not it could be reused.
| ||||||
15 | "Small producer" means a producer who, during the previous | ||||||
16 | program year, (i) earned more than $3,000,000 but less than | ||||||
17 | $5,000,000 in annual revenues nationally or (ii) sold, | ||||||
18 | distributed, or served more than one but less than 15 tons of | ||||||
19 | covered materials to consumers in this State.
| ||||||
20 | "Transfer station" has the same meaning as defined in | ||||||
21 | Section 3.500 of the Environmental Protection Act.
| ||||||
22 | "Waste prevention rate" means the ratio of the weight of | ||||||
23 | packaging materials to the weight of products contained in the | ||||||
24 | packaging across all product and packaging material types in a | ||||||
25 | program year in comparison to the ratio of the weight of | ||||||
26 | packaging materials for products put into the market in |
| |||||||
| |||||||
1 | Illinois in 2026.
| ||||||
2 | Section 15. Producer responsibility organization | ||||||
3 | governance.
| ||||||
4 | (a) A producer responsibility organization shall be | ||||||
5 | established to carry out relevant provisions under this Act. | ||||||
6 | On or before January 1, 2024, the producer responsibility | ||||||
7 | organization shall appoint a governing board to oversee and | ||||||
8 | direct all activities of the producer responsibility | ||||||
9 | organization with respect to this Act. Any changes or | ||||||
10 | additions in membership shall be documented by a producer | ||||||
11 | responsibility organization and, upon request, provided to the | ||||||
12 | Agency.
| ||||||
13 | (b) In appointing the governing board, a producer | ||||||
14 | responsibility organization shall include representatives of | ||||||
15 | producers who are members of a producer responsibility | ||||||
16 | organization, including, but not limited to, brand | ||||||
17 | manufacturers and packaging manufacturers, as applicable.
| ||||||
18 | Section 20. Packaging and Paper Product Producer | ||||||
19 | Responsibility Advisory Council.
| ||||||
20 | (a) The Packaging and Paper Product Producer | ||||||
21 | Responsibility Advisory Council is established in the Agency. | ||||||
22 | On or before January 1, 2024, the Director shall appoint | ||||||
23 | members to the Advisory Council to provide advice and | ||||||
24 | recommendations to the Agency, producers, and a producer |
| |||||||
| |||||||
1 | responsibility organization in the drafting, amendment, or | ||||||
2 | approval of program plans and to oversee and provide | ||||||
3 | recommendations for the implementation of program plans, | ||||||
4 | including, but not limited to, needs assessments and progress | ||||||
5 | toward achieving performance requirements under this Act. The | ||||||
6 | Advisory Council shall advise on and review annual reports and | ||||||
7 | shall provide recommendations to the Agency, producers, and a | ||||||
8 | producer responsibility organization regarding changes to the | ||||||
9 | program to correct shortcomings and ensure performance | ||||||
10 | requirements under this Act are met.
| ||||||
11 | (b) In appointing members to the Advisory Council under | ||||||
12 | subsection (a), the Director shall consider representatives | ||||||
13 | from all geographic regions of the State, all sizes of | ||||||
14 | communities in the State, all supply chain participants in the | ||||||
15 | recycling system, and the racial and gender diversity of this | ||||||
16 | State. Members of the Advisory Council shall include, but | ||||||
17 | shall not be limited to, the following voting members:
| ||||||
18 | (1) three individuals representing material recovery | ||||||
19 | facilities in the State, at least one of whom shall | ||||||
20 | represent a MRF that accepts recyclables from the Chicago | ||||||
21 | metropolitan area and at least one of whom shall represent | ||||||
22 | a MRF that accepts recyclables from central or southern | ||||||
23 | Illinois;
| ||||||
24 | (2) one individual representing a drop-off recycling | ||||||
25 | program that collects recyclables from the public;
| ||||||
26 | (3) three individuals representing haulers, one of |
| |||||||
| |||||||
1 | whom shall represent a statewide organization representing | ||||||
2 | haulers, one of whom shall represent a publicly traded | ||||||
3 | hauler, and one of whom shall represent a privately owned | ||||||
4 | hauler;
| ||||||
5 | (4) seven individuals representing rural and urban | ||||||
6 | units of local government, one of whom shall represent a | ||||||
7 | county with a population of less than 50,000, one of whom | ||||||
8 | shall represent a county with a population of more than | ||||||
9 | 50,000 and less than 1,000,000, one of whom shall | ||||||
10 | represent a county with a population of more than | ||||||
11 | 1,000,000, one of whom shall represent a municipality, one | ||||||
12 | of whom shall represent a municipal joint action agency, | ||||||
13 | one of whom shall represent a township, and one of whom | ||||||
14 | shall represent a municipality with a population of | ||||||
15 | 1,000,000 or more;
| ||||||
16 | (5) one individual representing retailers or a | ||||||
17 | statewide association of retailers;
| ||||||
18 | (6) two individuals representing environmental | ||||||
19 | organizations;
| ||||||
20 | (7) one individual representing an environmental | ||||||
21 | justice advocacy organization; and
| ||||||
22 | (8) four individuals representing trade associations, | ||||||
23 | one of whom shall represent a fiber trade association, one | ||||||
24 | of whom shall represent a plastic trade association, one | ||||||
25 | of whom shall represent a metal trade association, and one | ||||||
26 | of whom shall represent a glass trade association.
|
| |||||||
| |||||||
1 | The Advisory Council shall include the following nonvoting | ||||||
2 | members, appointed by the Director, to facilitate the work of | ||||||
3 | the Advisory Council: | ||||||
4 | (1) one individual representing a producer | ||||||
5 | responsibility organization;
| ||||||
6 | (2) one individual representing manufacturers of | ||||||
7 | products containing postconsumer material, or one or more | ||||||
8 | associations of such manufacturers; | ||||||
9 | (3) one individual representing manufacturers of | ||||||
10 | virgin covered materials, or one or more associations of | ||||||
11 | suppliers of substrates of covered materials; and
| ||||||
12 | (4) one individual representing the Agency.
| ||||||
13 | (c) An individual may be appointed to only one position on | ||||||
14 | the Council. Initial appointments shall be for a period of 4 | ||||||
15 | years.
| ||||||
16 | (d) Advisory Council members shall be reimbursed by a | ||||||
17 | producer responsibility organization for travel and lodging | ||||||
18 | expenses incurred in the execution of the duties of the | ||||||
19 | Advisory Council. Individuals representing environmental | ||||||
20 | justice organizations shall be considered by the Advisory | ||||||
21 | Council for receipt of an additional stipend in an amount | ||||||
22 | determined by the Advisory Council and payable by producers, | ||||||
23 | either individually or jointly with other producers through a | ||||||
24 | producer responsibility organization.
| ||||||
25 | (e) The duties of the voting members of the Advisory | ||||||
26 | Council are as follows:
|
| |||||||
| |||||||
1 | (1) Provide guidance on the scope of the statewide | ||||||
2 | needs assessment required under Section 25.
| ||||||
3 | (2) Review and comment on the statewide needs | ||||||
4 | assessment prior to completion.
| ||||||
5 | (3) Review and comment on all program plans during the | ||||||
6 | plan development process, prior to submission to the | ||||||
7 | Agency, pursuant to Section 45. | ||||||
8 | (4) Make recommendations to the Agency regarding | ||||||
9 | approval of submitted program plans.
| ||||||
10 | (5) Make recommendations to producers, producer | ||||||
11 | responsibility organizations, and the Agency regarding the | ||||||
12 | development of or updates to the list of minimum types of | ||||||
13 | recyclable materials described in Section 35.
| ||||||
14 | (6) Review and comment on all annual reports prior to | ||||||
15 | their submission to the Agency.
| ||||||
16 | (7) Make recommendations to producers, producer | ||||||
17 | responsibility organizations, and the Agency regarding the | ||||||
18 | need for any program plan amendments or other | ||||||
19 | requirements, which may be based on annual program | ||||||
20 | reports.
| ||||||
21 | (f) The Advisory Council shall:
| ||||||
22 | (1) meet at the call of the Chair, except for the first | ||||||
23 | meeting, which shall be called by the Director;
| ||||||
24 | (2) meet at least quarterly until initial program | ||||||
25 | plans have been approved and at least semi-annually | ||||||
26 | thereafter;
|
| |||||||
| |||||||
1 | (3) elect a Chair from among Advisory Council members | ||||||
2 | by a simple majority vote;
| ||||||
3 | (4) adopt bylaws and a charter for the operation of | ||||||
4 | its business for the purposes of this Act; the bylaws | ||||||
5 | shall include, but are not limited to, identification of | ||||||
6 | the term of appointment of members, staggering of | ||||||
7 | expiration of appointments, and procedures for appointment | ||||||
8 | of new members to fill a vacancy before a term is | ||||||
9 | completed; | ||||||
10 | (5) include an opportunity for a minority report; and
| ||||||
11 | (6) be convened and provided administrative support by | ||||||
12 | the Agency and Agency staff. | ||||||
13 | The Agency may select and hire a third-party facilitator | ||||||
14 | for the Advisory Council, which shall be included among the | ||||||
15 | administrative costs of the program, to be paid by producers | ||||||
16 | or producer responsibility organizations.
| ||||||
17 | (g) The Advisory Council, upon a majority vote, shall have | ||||||
18 | the authority to appeal a decision made by a producer, a | ||||||
19 | producer responsibility organization, or the Agency to the | ||||||
20 | Board if it believes the decision is not consistent with this | ||||||
21 | Act. The Board shall have 60 days to rule on the appeal.
| ||||||
22 | Section 25. Producer registration; needs assessment; scope | ||||||
23 | of work.
| ||||||
24 | (a) On or before January 1, 2024, any producer or a single | ||||||
25 | producer responsibility organization authorized to operate and |
| |||||||
| |||||||
1 | administer a program on the producer's behalf and who intends | ||||||
2 | to submit a program plan pursuant to Section 45 of this Act | ||||||
3 | shall register with the Agency.
| ||||||
4 | (b) The registration submitted pursuant to subsection (a), | ||||||
5 | on a form prescribed by the Agency, shall:
| ||||||
6 | (1) identify each producer that intends to authorize a | ||||||
7 | producer responsibility organization to operate and | ||||||
8 | administer a program plan on the producer's behalf;
| ||||||
9 | (2) provide the name, address, and contact information | ||||||
10 | of a person responsible for ensuring a producer, producer | ||||||
11 | responsibility organization, or a producer who has | ||||||
12 | authorized a producer responsibility organization to | ||||||
13 | operate a program on the producer's behalf comply with the | ||||||
14 | requirements of this Section;
| ||||||
15 | (3) identify the members of the governing board of a | ||||||
16 | producer responsibility organization; and
| ||||||
17 | (4) describe the scope of work for the comprehensive | ||||||
18 | statewide needs assessment study as required under Section | ||||||
19 | 35, which producers, either individually or jointly with | ||||||
20 | other producers through a producer responsibility | ||||||
21 | organization, will fund, including, but not limited to, a | ||||||
22 | description of the data types and sources to be provided | ||||||
23 | by producers, a producer responsibility organization, | ||||||
24 | covered entities, and other persons as necessary to | ||||||
25 | facilitate the comprehensive statewide needs assessment | ||||||
26 | study's completion.
|
| |||||||
| |||||||
1 | (c) No later than 60 days after submission of a | ||||||
2 | registration form under this Section, the Agency shall provide | ||||||
3 | a written notice to a producer or producer responsibility | ||||||
4 | organization of the Agency's determination approving or | ||||||
5 | disapproving the scope of work of the producer or producer | ||||||
6 | responsibility organization funded statewide needs assessment. | ||||||
7 | If the needs assessment's scope of work does not meet the | ||||||
8 | requirements of Section 35 and is not approved by the Agency, | ||||||
9 | the Agency shall describe the reasons for the disapproval in | ||||||
10 | the notice of determination. A producer or producer | ||||||
11 | responsibility organization shall revise and resubmit the | ||||||
12 | proposed needs assessment's scope of work to the Agency not | ||||||
13 | later than 30 days after receipt of the Agency's notice. Not | ||||||
14 | later than 30 days after receipt of the revised proposal, the | ||||||
15 | Agency shall review and approve or disapprove the revised | ||||||
16 | needs assessment proposal and shall provide a notice of | ||||||
17 | determination to the producer or producer responsibility | ||||||
18 | organization. A producer or producer responsibility | ||||||
19 | organization may resubmit a revised needs assessment proposal | ||||||
20 | to the Agency for approval not more than once. If a producer or | ||||||
21 | producer responsibility organization fails to submit a needs | ||||||
22 | assessment proposal that meets the requirements of Section 35 | ||||||
23 | and is approved by the Agency, the Agency shall modify the | ||||||
24 | needs assessment proposal to conform to the requirements and | ||||||
25 | provide it to a producer or producer responsibility | ||||||
26 | organization as the approved needs assessment scope of work to |
| |||||||
| |||||||
1 | be funded. After the Agency approves the scope of the needs | ||||||
2 | assessment, a producer or producer responsibility organization | ||||||
3 | shall provide necessary data and funding for its completion.
| ||||||
4 | (d) After the fifth program year, multiple producer | ||||||
5 | responsibility organizations shall be authorized to register | ||||||
6 | under this Act.
| ||||||
7 | (e) A producer of covered materials who, after the | ||||||
8 | approval of a program plan, seeks to sell, offer for sale, or | ||||||
9 | distribute into the State a covered material not covered by an | ||||||
10 | approved program plan shall notify the Director prior to | ||||||
11 | selling, offering for sale, or distributing the covered | ||||||
12 | material in the State.
| ||||||
13 | The Director shall list a producer who supplies notice | ||||||
14 | under this subsection as a new producer on the Agency's | ||||||
15 | website. A producer that supplies notice under this subsection | ||||||
16 | shall have 90 days either to join an existing producer | ||||||
17 | responsibility organization or to submit a program plan for | ||||||
18 | approval to the State.
| ||||||
19 | Section 30. Plastics recycling technologies study.
| ||||||
20 | (a) No later than July 1, 2025, the Prairie Research | ||||||
21 | Institute shall conduct and publish a study of plastic | ||||||
22 | recycling technologies. The study shall be designed to | ||||||
23 | determine which existing and emerging technologies shall be | ||||||
24 | eligible to meet the definition of "recycling" in Section 10. | ||||||
25 | The study shall include:
|
| |||||||
| |||||||
1 | (1) an assessment of the full life-cycle impacts of | ||||||
2 | various plastic-to-plastic technologies, including, but | ||||||
3 | not limited to, a comparison to the full life-cycle | ||||||
4 | impacts of mechanical recycling technologies;
| ||||||
5 | (2) an assessment of the full life-cycle impacts of | ||||||
6 | the use of postconsumer recycled content compared to the | ||||||
7 | impacts of using virgin raw material content in the | ||||||
8 | manufacturing and recycling of plastic;
| ||||||
9 | (3) a recommendation to the Board, which the Board | ||||||
10 | shall accept, modify, or reject within 60 days after | ||||||
11 | receipt, of which plastic-to-plastic recycling | ||||||
12 | technologies would meet the definition of "recycling" in | ||||||
13 | Section 10; and
| ||||||
14 | (4) any other information required by the Advisory | ||||||
15 | Council.
| ||||||
16 | (b) The Prairie Research Institute shall consult the | ||||||
17 | Advisory Council and each producer and producer responsibility | ||||||
18 | organization in completing the study.
| ||||||
19 | (c) Producers, or a producer responsibility organization | ||||||
20 | acting on producers' behalf, shall pay the full cost of | ||||||
21 | completion of the study.
| ||||||
22 | Section 35. Producer responsibilities; collection and | ||||||
23 | convenience; list of minimum recyclable materials.
| ||||||
24 | (a) Beginning July 1, 2026, no producer shall sell at | ||||||
25 | retail, offer for sale at retail, distribute, or serve in this |
| |||||||
| |||||||
1 | State a covered material unless the producer, or a producer | ||||||
2 | responsibility organization acting on the producer's behalf, | ||||||
3 | has a program plan approved by the Agency. A producer must | ||||||
4 | satisfy participation obligations either individually or | ||||||
5 | jointly with other producers through a producer responsibility | ||||||
6 | organization.
| ||||||
7 | (b) A producer responsibility organization shall be | ||||||
8 | responsible for participating producers' compliance with the | ||||||
9 | requirements of this Act, including, but not limited to, the | ||||||
10 | preparation and implementation of a program plan, the | ||||||
11 | preparation and submission of annual audits, and annual | ||||||
12 | reports to the Agency.
| ||||||
13 | (c) Producers, either individually or jointly with other | ||||||
14 | producers through a producer responsibility organization, | ||||||
15 | shall provide for the collection and processing of recyclable | ||||||
16 | covered materials at no cost to all covered entities in the | ||||||
17 | State. Collection and processing services shall be performed | ||||||
18 | by covered entities, service providers, or other persons who | ||||||
19 | are not a producer or producer responsibility organization. | ||||||
20 | Beginning in 2026, producers, either individually or jointly | ||||||
21 | with other producers through a producer responsibility | ||||||
22 | organization, shall provide payment to covered entities or | ||||||
23 | service providers for recycling expenses relating to covered | ||||||
24 | materials, including, but not limited to, any administrative, | ||||||
25 | sorting, collection, transportation, public education, or | ||||||
26 | processing costs. A covered entity shall be eligible for |
| |||||||
| |||||||
1 | payment from producers or a producer responsibility | ||||||
2 | organization regardless of whether the covered entity provides | ||||||
3 | the services directly or through a contract with a service | ||||||
4 | provider.
| ||||||
5 | (d) Producers, either individually or jointly with other | ||||||
6 | producers through a producer responsibility organization, | ||||||
7 | shall meet the following performance requirements:
| ||||||
8 | (1) By December 31, 2030, the collective recycling | ||||||
9 | rate across all covered materials on the list published | ||||||
10 | under subsection (f) shall be no less than 45%.
| ||||||
11 | (2) By December 31, 2035, the collective recycling | ||||||
12 | rate across all covered materials on the list published | ||||||
13 | under subsection (f) shall be no less than 50%. | ||||||
14 | (e) With respect to rigid plastics, each producer shall | ||||||
15 | achieve a postconsumer recycled content requirement of 15% by | ||||||
16 | 2028, 25% by 2031, and 50% by 2034 in the rigid plastics it | ||||||
17 | produces, subject to any waiver issued under Section 100.
| ||||||
18 | (f) No later than October 1, 2025, producers or a producer | ||||||
19 | responsibility organization, in consultation with the Advisory | ||||||
20 | Committee, shall adopt and publish a list of minimum types of | ||||||
21 | readily recyclable materials based on available collection and | ||||||
22 | processing infrastructure and recycling markets for covered | ||||||
23 | materials. The producers or producer responsibility | ||||||
24 | organization shall update and adopt the list on an annual | ||||||
25 | basis, in consultation with the Advisory Council, in response | ||||||
26 | to collection and processing improvements and changes in |
| |||||||
| |||||||
1 | recycling end markets or as requested by the Advisory Council. | ||||||
2 | If there are multiple lists, the producer responsibility | ||||||
3 | organization shall compile the lists and publish the compiled | ||||||
4 | list to the public. A list may vary by geographic region | ||||||
5 | depending on regional markets and regional collection and | ||||||
6 | processing infrastructure. | ||||||
7 | In developing the list of minimum recyclable materials, | ||||||
8 | consideration shall be given to at least the following | ||||||
9 | materials: gable-top cartons, paper cups, paper food | ||||||
10 | packaging, mailers and envelopes, Kraft paper, corrugated | ||||||
11 | cardboard, chipboard, coated groundwood, groundwood paper, | ||||||
12 | coated paper board, paperboard boxes, pulpwood trays and | ||||||
13 | take-out containers, polyethylene flexible bags, polyethylene | ||||||
14 | wraps, polyethylene films, rigid plastics, glass bottles and | ||||||
15 | jars, aluminum or steel aerosol cans, aluminum or steel cans, | ||||||
16 | aluminum foil wrap, aluminum foil containers, other aluminum | ||||||
17 | containers, and steel spiral wound containers. For any | ||||||
18 | material that is not included in the list of minimum | ||||||
19 | recyclable materials for a program year, producers, either | ||||||
20 | individually or jointly with other producers through a | ||||||
21 | producer responsibility organization, shall identify the | ||||||
22 | method by which the material will be collected and managed and | ||||||
23 | implement or provide payment to another entity for a program | ||||||
24 | for collection of those materials by the end of the third | ||||||
25 | program year. | ||||||
26 | All covered entities or recycling service providers shall |
| |||||||
| |||||||
1 | provide for the collection and recycling of all identified | ||||||
2 | materials contained on the list of minimum recyclables, based | ||||||
3 | on geographic regions, in order to be eligible for payment by | ||||||
4 | producers or a producer responsibility organization. However, | ||||||
5 | a covered entity or service provider shall not be penalized | ||||||
6 | for recovering and recycling materials that are generated by | ||||||
7 | the covered entity or in the geographic region that are not | ||||||
8 | included on the list of minimum types of recyclable covered | ||||||
9 | materials as long as the covered entity or service provider | ||||||
10 | can demonstrate that the materials have a market as determined | ||||||
11 | by the Advisory Council in consultation with a producer or | ||||||
12 | producer responsibility organization. Payment for recycling | ||||||
13 | services by producers, either individually or jointly with | ||||||
14 | other producers through a producer responsibility | ||||||
15 | organization, shall cover recycling of all covered materials | ||||||
16 | so long as the program includes at least the minimum | ||||||
17 | recyclable list.
| ||||||
18 | (g) Producers or a producer responsibility organization | ||||||
19 | shall meet jointly with the Advisory Council at least annually | ||||||
20 | to solicit input and guidance on the program plan, annual | ||||||
21 | reports, and progress toward performance targets.
| ||||||
22 | (h) No later than July 1, 2029, for covered entities that | ||||||
23 | are not provided recycling services directly by the covered | ||||||
24 | entity or through a contract with a service provider, | ||||||
25 | producers, either individually or jointly with other producers | ||||||
26 | through a producer responsibility organization, shall provide |
| |||||||
| |||||||
1 | access to curbside recycling services for all covered entities | ||||||
2 | within municipalities with a population of 1,500 or more based | ||||||
3 | on the most recent United States Census. Curbside recycling | ||||||
4 | services provided under this subsection shall be offered no | ||||||
5 | less frequently than every 2 weeks. In all municipalities with | ||||||
6 | a population less than 1,500, a producer or producer | ||||||
7 | responsibility organization shall provide covered entities | ||||||
8 | with at least one drop-off location for recyclable covered | ||||||
9 | materials that is located within 15 miles of the municipal | ||||||
10 | boundary.
| ||||||
11 | (i) Curbside recycling and drop-off recycling programs | ||||||
12 | that a covered entity has in operation on or before the | ||||||
13 | effective date of this Act, whether provided directly or | ||||||
14 | through a contract with a service provider, may continue, with | ||||||
15 | no changes in collection frequency, unless approved by the | ||||||
16 | covered entity, at the sole discretion of the covered entity, | ||||||
17 | during any or all program years. Producers, either | ||||||
18 | individually or jointly with other producers through a | ||||||
19 | producer responsibility organization, shall make payment to | ||||||
20 | the covered entity or the service provider for the services. | ||||||
21 | This Section does not prevent a covered entity that does | ||||||
22 | not have a curbside recycling or drop-off recycling program in | ||||||
23 | operation on or before the effective date of this Act from | ||||||
24 | using its authority to franchise recycling services after the | ||||||
25 | effective date of this Act and to be eligible for payment for | ||||||
26 | recycling services by producers, either individually or |
| |||||||
| |||||||
1 | jointly with other producers through a producer responsibility | ||||||
2 | organization, in accordance with this Act.
| ||||||
3 | (j) Costs to expand or upgrade recycling services are | ||||||
4 | eligible for payment from producers or a producer | ||||||
5 | responsibility organization.
| ||||||
6 | (k) If a covered entity does not have recycling services | ||||||
7 | provided directly or through a contract with a service | ||||||
8 | provider during any program year, producers, either | ||||||
9 | individually or jointly with other producers through a | ||||||
10 | producer responsibility organization, shall secure one or more | ||||||
11 | contracts for services with at least one service provider to | ||||||
12 | meet the access requirements under this Act and shall make | ||||||
13 | payment to the service provider for the services.
| ||||||
14 | (l) Payments by producers or a producer responsibility | ||||||
15 | organization shall be made within 30 days after a request for | ||||||
16 | payment from the covered entity or service provider, which | ||||||
17 | shall be submitted by the covered entity or service provider | ||||||
18 | no more frequently than monthly.
| ||||||
19 | (m) Recipients of payments under this Section shall | ||||||
20 | maintain documentation of applicable costs associated with any | ||||||
21 | payment. The documentation shall be made available to a | ||||||
22 | producer or producer responsibility organization that provided | ||||||
23 | payment upon request. | ||||||
24 | Section 40. Statewide needs assessment.
| ||||||
25 | (a) On or before July 1, 2025, the Prairie Research |
| |||||||
| |||||||
1 | Institute shall conduct a statewide needs assessment to assess | ||||||
2 | recycling and covered materials management needs in the State | ||||||
3 | and shall submit the results to the Agency for the Agency's | ||||||
4 | review and approval. The needs assessment shall be funded by | ||||||
5 | all producers either individually or jointly through a | ||||||
6 | producer responsibility organization. The needs assessment | ||||||
7 | shall identify current conditions and an evaluation of the | ||||||
8 | capacity, costs, gaps, and needs associated with recycling and | ||||||
9 | the diversion of packaging and paper products. The needs | ||||||
10 | assessment shall address, at a minimum, the following factors:
| ||||||
11 | (1) the quantity, by weight and type, of covered | ||||||
12 | materials sold at retail, distributed, or served to | ||||||
13 | consumers in the State by producers by material type and | ||||||
14 | format, with data provided by producers either | ||||||
15 | individually or jointly through a producer responsibility | ||||||
16 | organization;
| ||||||
17 | (2) current operational and capital funding | ||||||
18 | limitations impacting reuse, recycling, and composting | ||||||
19 | access and availability for covered materials throughout | ||||||
20 | the State;
| ||||||
21 | (3) existing federal and State statutory provisions | ||||||
22 | and public and private funding sources for the reduction, | ||||||
23 | reuse, recycling, and composting of covered materials;
| ||||||
24 | (4) current collection systems and costs for covered | ||||||
25 | materials in the State for reuse, recycling, composting, | ||||||
26 | and disposal;
|
| |||||||
| |||||||
1 | (5) the processing capacity and infrastructure for | ||||||
2 | reusable, recyclable, and compostable covered materials in | ||||||
3 | the State and regionally and the necessary capital | ||||||
4 | investments to existing and future reuse, recycling, and | ||||||
5 | composting infrastructure for covered materials;
| ||||||
6 | (6) collection and processing system needs to meet any | ||||||
7 | access requirements under this Act on a county-by-county | ||||||
8 | basis for all counties in the State and the estimated | ||||||
9 | costs to meet the access requirements;
| ||||||
10 | (7) the market conditions and opportunities for | ||||||
11 | reusable, recyclable, and compostable materials in the | ||||||
12 | State and regionally;
| ||||||
13 | (8) multilingual public education needs for the | ||||||
14 | reduction, reuse, recycling, and composting of covered | ||||||
15 | materials, including, but not limited to, a scientific | ||||||
16 | survey of current awareness among residents of this State | ||||||
17 | of proper end-of-life management for covered materials and | ||||||
18 | the needs associated with the reduction of contamination | ||||||
19 | rates at MRFs in the State;
| ||||||
20 | (9) current system-wide costs for the collection, | ||||||
21 | reuse, recycling, and composting of covered materials and | ||||||
22 | any estimated additional costs to meet all targets | ||||||
23 | established under this Act;
| ||||||
24 | (10) current reuse, recycling, and composting rates | ||||||
25 | for covered materials in the State by material type; and
| ||||||
26 | (11) an assessment of environmental justice and |
| |||||||
| |||||||
1 | recycling equity in the State, including, but not limited | ||||||
2 | to: | ||||||
3 | (A) an evaluation of current access to and the | ||||||
4 | performance of curbside and drop-off recycling | ||||||
5 | programs in units of local government designated as | ||||||
6 | environmental justice areas; | ||||||
7 | (B) a comparison of the location of MRFs and | ||||||
8 | transfer stations in units of local government that | ||||||
9 | have been designated as environmental justice areas | ||||||
10 | with units of local government that are not so | ||||||
11 | designated, and recommendations for proposed site | ||||||
12 | location standards for locating new MRFs that may be | ||||||
13 | required to implement this Act; | ||||||
14 | (C) an evaluation of worker conditions, wages, and | ||||||
15 | benefits at MRFs; | ||||||
16 | (D) the availability of opportunities in the | ||||||
17 | recycling system for women and minority individuals; | ||||||
18 | (E) the availability of opportunities in the | ||||||
19 | recycling system for small businesses in the State; | ||||||
20 | and | ||||||
21 | (F) recommendations for improving equity and | ||||||
22 | equitable outcomes for underserved populations in the | ||||||
23 | State's recycling system, including, but not limited | ||||||
24 | to, recommendations for new responsibilities of | ||||||
25 | producers either individually or jointly through a | ||||||
26 | producer responsibility organization and |
| |||||||
| |||||||
1 | recommendations for funding the new responsibilities.
| ||||||
2 | (b) On or before May 15, 2025, the Prairie Research | ||||||
3 | Institute shall provide the completed needs assessment to the | ||||||
4 | Advisory Council, producers, and any producer responsibility | ||||||
5 | organization registered with the Agency. The Advisory Council, | ||||||
6 | producers, and producer responsibility organization shall | ||||||
7 | provide written comments to the Prairie Research Institute | ||||||
8 | within 30 days after receipt of the needs assessment. The | ||||||
9 | Prairie Research Institute shall include an assessment of | ||||||
10 | comments received in the completed needs assessment submitted | ||||||
11 | to the Agency and shall provide a summary and an analysis of | ||||||
12 | any issues raised by the Advisory Council, producers, or | ||||||
13 | producer responsibility organization and significant changes | ||||||
14 | suggested by any such comments, a statement of the reasons why | ||||||
15 | any significant changes were not incorporated into the results | ||||||
16 | of the study, and a description of any changes made to the | ||||||
17 | results of the needs assessment as a result of such comments.
| ||||||
18 | (c) No later than 90 days after the date the Agency | ||||||
19 | receives the results of the study, the Agency shall notify the | ||||||
20 | Prairie Research Institute of any deficiencies in the study. | ||||||
21 | No later than 60 days after receiving this notice from the | ||||||
22 | Agency, the Prairie Research Institute shall provide | ||||||
23 | additional information, modification, or corrections in | ||||||
24 | response to the Agency's notification, if applicable.
| ||||||
25 | (d) Any proposed activities or recommendations from the | ||||||
26 | study shall be evaluated by the Agency for progress and shall |
| |||||||
| |||||||
1 | be taken into consideration when approving or disapproving a | ||||||
2 | program plan.
| ||||||
3 | Section 45. Producer responsibility program plan. | ||||||
4 | (a) No later than January 1, 2026, producers, either | ||||||
5 | individually or jointly with other producers through a | ||||||
6 | producer responsibility organization, shall submit a program | ||||||
7 | plan to the Agency. The program plan shall cover a period of 5 | ||||||
8 | years and shall be reviewed by the Advisory Council prior to | ||||||
9 | submission to the Agency. A producer or producer | ||||||
10 | responsibility organization must thereafter submit a new or | ||||||
11 | updated program plan no less than every 5 years. The Agency | ||||||
12 | shall have the discretion to require a producer or producer | ||||||
13 | responsibility organization to review or revise a plan at any | ||||||
14 | time prior to the 5-year period for good cause, including, but | ||||||
15 | not limited to, by recommendation of the Advisory Council. The | ||||||
16 | Agency shall publish the approved program plan on its website. | ||||||
17 | A program plan shall include, but shall not be limited to, at a | ||||||
18 | minimum:
| ||||||
19 | (1) the name and contact information of the producer | ||||||
20 | or producers covered under the plan, and of any producer | ||||||
21 | responsibility organization acting on their behalf;
| ||||||
22 | (2) a list of the covered materials for which a | ||||||
23 | producer or producer responsibility organization is | ||||||
24 | responsible and which of the materials is included in the | ||||||
25 | minimum recyclable materials list submitted under Section |
| |||||||
| |||||||
1 | 35;
| ||||||
2 | (3) a funding mechanism that allocates the costs to | ||||||
3 | the producers to meet the requirements of this Act, | ||||||
4 | including, but not limited to, adjustments to the fee | ||||||
5 | schedule for participating producers based on the factors | ||||||
6 | established under subsection (a) of Section 40;
| ||||||
7 | (4) a description of how a producer or producer | ||||||
8 | responsibility organization plans to meet the access | ||||||
9 | requirements set forth in this Act, including, but not | ||||||
10 | limited to, a description on a county-by-county basis of | ||||||
11 | the curbside recycling and drop-off recycling programs for | ||||||
12 | covered entities that are proposed to be used, including, | ||||||
13 | but not limited to, those that currently exist, any | ||||||
14 | additional sites that will be developed and operated, and | ||||||
15 | a timetable for phasing in the new curbside recycling and | ||||||
16 | drop-off recycling programs to meet the requirements of | ||||||
17 | this Act; this shall also include a designation of the | ||||||
18 | recycling programs that are eligible for payment by a | ||||||
19 | producer or producer responsibility organization and those | ||||||
20 | that are the responsibility of a producer or a producer | ||||||
21 | responsibility organization to implement and directly fund | ||||||
22 | under this Act;
| ||||||
23 | (5) a description of the process for covered entities | ||||||
24 | to receive payment for recycling costs at a reasonable | ||||||
25 | rate;
| ||||||
26 | (6) a description of how a producer or producer |
| |||||||
| |||||||
1 | responsibility organization will procure curbside | ||||||
2 | recycling or drop-off recycling services for covered | ||||||
3 | entities who do not provide services directly or through a | ||||||
4 | contract with a service provider;
| ||||||
5 | (7) a description of how a producer or producer | ||||||
6 | responsibility organization will prioritize and work with | ||||||
7 | existing public and private service providers, including, | ||||||
8 | but not limited to, haulers, MRFs, transfer stations, and | ||||||
9 | covered entities to provide for collection and processing | ||||||
10 | of recyclable covered materials throughout the State from | ||||||
11 | covered entities;
| ||||||
12 | (8) proposed reuse and recycling rates and a | ||||||
13 | description of how a producer or producer responsibility | ||||||
14 | organization will meet or exceed these targets; the | ||||||
15 | minimum recycling rates shall be varied for each covered | ||||||
16 | material type and format and shall not be set lower than | ||||||
17 | the minimum recycling rates established under this Act in | ||||||
18 | aggregate for all covered materials; this shall include: | ||||||
19 | (A) targets and mechanisms to achieve reductions | ||||||
20 | in emissions affecting land, air, and water and source | ||||||
21 | reduction of single-use packaging or products; and | ||||||
22 | (B) provisions and targets for transitioning from | ||||||
23 | single-use packaging or products to reusable or | ||||||
24 | refillable alternatives and recovery for reuse;
and | ||||||
25 | (9) proposed minimum postconsumer recycled material | ||||||
26 | content for each covered material produced and a |
| |||||||
| |||||||
1 | description of how producers will meet or exceed these | ||||||
2 | targets; the minimum rates shall be varied for each | ||||||
3 | covered material type and format and shall not be set | ||||||
4 | lower than the minimum rates established under this Act | ||||||
5 | for rigid plastics;
| ||||||
6 | (10) proposed waste prevention rates for covered | ||||||
7 | materials, based on an assessment of the amount of covered | ||||||
8 | materials, in tons, put into the Illinois marketplace in | ||||||
9 | program year 2026;
| ||||||
10 | (11) for a producer responsibility organization, a | ||||||
11 | description of how the producer responsibility | ||||||
12 | organization will provide technical assistance to | ||||||
13 | participating producers to assist with the reduction of | ||||||
14 | covered materials through product design, systems for | ||||||
15 | reusable packaging, and program innovations, including, | ||||||
16 | but not limited to, a description of how participating | ||||||
17 | producers will minimize environmental and health impacts | ||||||
18 | of covered materials;
| ||||||
19 | (12) a description of a public education program | ||||||
20 | conducted under Section 80;
| ||||||
21 | (13) a description of the process for end-of-life | ||||||
22 | management of all covered materials, including, but not | ||||||
23 | limited to, the recycling and disposal of residuals | ||||||
24 | collected for recycling in compliance with environmental | ||||||
25 | laws, rules, and regulations;
| ||||||
26 | (14) for a producer responsibility organization, a |
| |||||||
| |||||||
1 | description of how the producer responsibility | ||||||
2 | organization will facilitate opportunities to purchase | ||||||
3 | recycled materials from MRFs on behalf of producer members | ||||||
4 | interested in obtaining recycled feedstock in order to | ||||||
5 | achieve postconsumer recycled content objectives;
| ||||||
6 | (15) for a producer responsibility organization, a | ||||||
7 | description of how the producer responsibility | ||||||
8 | organization will invest in existing and future reuse and | ||||||
9 | recycling infrastructure and market development in the | ||||||
10 | State, including, but not limited to, (i) installing or | ||||||
11 | upgrading equipment to improve the sorting of covered | ||||||
12 | materials or mitigating the impacts of covered materials | ||||||
13 | to other commodities at existing sorting and processing | ||||||
14 | facilities, (ii) capital expenditures for new technology, | ||||||
15 | equipment, and facilities in alignment with the results of | ||||||
16 | the statewide needs assessment, and (iii) how such | ||||||
17 | investments in future recycling infrastructure will | ||||||
18 | address concerns about environmental justice;
| ||||||
19 | (16) descriptions of waste prevention and reuse and | ||||||
20 | composting infrastructure and education programs under | ||||||
21 | Section 60, including, but not limited to, the process by | ||||||
22 | which entities in the State may apply for grants or loans | ||||||
23 | from the programs;
| ||||||
24 | (17) a process to address concerns and questions from | ||||||
25 | covered entities and residents of the State;
| ||||||
26 | (18) a description of how the producer or producer |
| |||||||
| |||||||
1 | responsibility organization intends to address all other | ||||||
2 | needs and recommendations identified in the statewide | ||||||
3 | needs assessment; and
| ||||||
4 | (19) a detailed description of how the producer or | ||||||
5 | producer responsibility organization consulted with the | ||||||
6 | Advisory Council in the development of the plan prior to | ||||||
7 | its submission to the Agency and to what extent a producer | ||||||
8 | or producer responsibility organization specifically | ||||||
9 | incorporated the Advisory Council's input into the plan.
| ||||||
10 | (b) A producer or producer responsibility organization | ||||||
11 | shall provide the completed program plan to the Advisory | ||||||
12 | Council on or before October 15, 2025 for the Advisory | ||||||
13 | Council's review and comment. The Advisory Council shall | ||||||
14 | provide written comments to the producer or producer | ||||||
15 | responsibility organization within 60 days of receipt. A | ||||||
16 | producer or producer responsibility organization shall include | ||||||
17 | in the completed program plan: | ||||||
18 | (1) an assessment of comments received; | ||||||
19 | (2) a summary and an analysis of the issues raised by | ||||||
20 | the Advisory Council; | ||||||
21 | (3) any significant changes suggested by any comments | ||||||
22 | received by the producer or producer responsibility | ||||||
23 | organization; | ||||||
24 | (4) a statement of the reasons why any significant | ||||||
25 | changes were not incorporated into the plan; and | ||||||
26 | (5) a description of any changes made to the plan as a |
| |||||||
| |||||||
1 | result of the comments described under paragraph (3).
| ||||||
2 | (c) Beginning in the fifth program year, if multiple | ||||||
3 | producer responsibility organizations register in accordance | ||||||
4 | with the requirements of this Act, the producer responsibility | ||||||
5 | organizations shall coordinate and submit to the Agency one | ||||||
6 | program plan. Producer responsibility organizations may form a | ||||||
7 | third-party entity to implement the requirements of this Act | ||||||
8 | for all producers and producer responsibility organizations. | ||||||
9 | Section 50. Funding mechanism; payments by producer | ||||||
10 | responsibility organizations.
| ||||||
11 | (a) A producer responsibility organization implementing a | ||||||
12 | program plan on behalf of producers must develop a system to | ||||||
13 | collect dues from participating producers to cover the costs | ||||||
14 | of implementing the program plan. At a minimum, dues shall be | ||||||
15 | variable based on:
| ||||||
16 | (1) costs to provide collection for recycling that | ||||||
17 | meets the requirements of this Act;
| ||||||
18 | (2) costs to process a producer's covered materials | ||||||
19 | for acceptance by secondary material markets for use in | ||||||
20 | manufacturing processes;
| ||||||
21 | (3) whether the covered material or product is readily | ||||||
22 | recyclable;
| ||||||
23 | (4) whether the covered material or product is | ||||||
24 | specifically designed to be reusable and has a high reuse | ||||||
25 | rate; and
|
| |||||||
| |||||||
1 | (5) the commodity value of a covered material or | ||||||
2 | product. | ||||||
3 | (b) The dues shall be adjusted to incentivize the | ||||||
4 | following outcomes in the following order of importance:
| ||||||
5 | (1) improving reusability, recyclability, and | ||||||
6 | compostability;
| ||||||
7 | (2) reducing environmental impacts across the life | ||||||
8 | cycle of a product;
| ||||||
9 | (3) incorporating sustainably and renewably sourced | ||||||
10 | material;
| ||||||
11 | (4) eliminating toxic substances;
| ||||||
12 | (5) incorporating postconsumer recycled content;
| ||||||
13 | (6) optimizing packaging to use the minimum quantity | ||||||
14 | of material necessary to effectively deliver a product | ||||||
15 | without damage or spoilage; and
| ||||||
16 | (7) preventing litter.
| ||||||
17 | (c) Dues required under this Section shall be increased | ||||||
18 | for covered materials that contaminate composting or recycling | ||||||
19 | systems in the State, are a common source of litter, or may be | ||||||
20 | managed only through disposal.
| ||||||
21 | (d) No dues are required for reusable containers or | ||||||
22 | materials if (i) they are designed to be reused for their | ||||||
23 | original purpose and a producer provides a program for the | ||||||
24 | consumer to reuse the covered material through which the | ||||||
25 | covered material is collected and reused by a producer or | ||||||
26 | similar producers and (ii) those programs meet or exceed any |
| |||||||
| |||||||
1 | recycling or reuse targets set forth in this Act and in the | ||||||
2 | program plan.
| ||||||
3 | (e) Small producers shall be provided an optional tiered | ||||||
4 | flat fee structure based on annual tons of covered materials | ||||||
5 | sold, distributed, or served to consumers in the State.
| ||||||
6 | (f) In order to facilitate the dues collection system | ||||||
7 | under this Section, individual retailers shall be responsible | ||||||
8 | for providing necessary data upon request to producers, either | ||||||
9 | individually or jointly with other producers through a | ||||||
10 | producer responsibility organization, detailing the types, | ||||||
11 | amounts, and manufacturers of packaging for products | ||||||
12 | distributed and sold to consumers in the State that are | ||||||
13 | manufactured on behalf of a retailer and sold under the | ||||||
14 | retailer's brand or licensed or trademarked by a retailer.
| ||||||
15 | (g) Producers, either individually or jointly with other | ||||||
16 | producers through a producer responsibility organization, | ||||||
17 | shall be responsible for disbursing funding to participating | ||||||
18 | covered entities and recycling service providers for purposes | ||||||
19 | of this Act, including, but not limited to, the collection, | ||||||
20 | transport, processing, and marketing of covered materials, | ||||||
21 | whether or not those services are provided directly by a | ||||||
22 | covered entity or through a contracted service provider.
| ||||||
23 | (h) For covered materials collected, transported, | ||||||
24 | processed, or marketed by a covered entity directly or through | ||||||
25 | a contract with a service provider, the covered entity may | ||||||
26 | choose to:
|
| |||||||
| |||||||
1 | (1) continue providing the service without payment; | ||||||
2 | (2) continue providing the service with payment at a | ||||||
3 | reasonable rate; or
| ||||||
4 | (3) establish a recycling service by accepting a | ||||||
5 | contract for services procured by a producer or producer | ||||||
6 | responsibility organization. | ||||||
7 | (i) If a covered entity does not choose to provide | ||||||
8 | recycling service in a program year, producers, either | ||||||
9 | individually or jointly with other producers through a | ||||||
10 | producer responsibility organization, shall make a good faith | ||||||
11 | effort to offer to operate and administer a program on the | ||||||
12 | covered entity's behalf. If the covered entity does not accept | ||||||
13 | the offer, a producer or producer responsibility organization | ||||||
14 | shall not be responsible for providing recycling service to | ||||||
15 | the covered entity for that program year. A covered entity | ||||||
16 | shall have the option to provide or receive recycling service | ||||||
17 | in any program year under the provisions of this Act. A service | ||||||
18 | provider who is contracted by a producer or producer | ||||||
19 | responsibility organization must secure any operating | ||||||
20 | approvals that are required by the unit of local government.
| ||||||
21 | Section 55. Disposal costs.
A program plan developed | ||||||
22 | pursuant to this Act shall not include costs for covered | ||||||
23 | materials collected and managed for disposal, but shall | ||||||
24 | include materials collected and disposed of from a MRF | ||||||
25 | processing covered materials for recycling.
|
| |||||||
| |||||||
1 | Section 60. Waste prevention and reuse program; composting | ||||||
2 | infrastructure and education program.
| ||||||
3 | (a) Each producer, individually or collectively through a | ||||||
4 | producer responsibility organization, shall establish a waste | ||||||
5 | prevention and reuse program to reduce the environmental | ||||||
6 | impacts of covered materials through means other than | ||||||
7 | recovery, including, but not limited to, waste prevention and | ||||||
8 | reuse. A producer or producer responsibility organization | ||||||
9 | shall enter into agreements with public or private entities to | ||||||
10 | establish the program, which shall include, but shall not be | ||||||
11 | limited to, offering grants or loans in order to reduce the | ||||||
12 | environmental impacts of covered materials.
| ||||||
13 | To fund activities under the waste prevention and reuse | ||||||
14 | program, each producer, individually or collectively through a | ||||||
15 | producer responsibility organization, shall establish and | ||||||
16 | maintain a waste prevention and reuse fund. Amounts deposited | ||||||
17 | into the fund by a producer or producer responsibility | ||||||
18 | organization shall be at least 2.5% of the producer's or | ||||||
19 | producer responsibility organization's total expenditures | ||||||
20 | under the program plan or $10,000,000, whichever is less. | ||||||
21 | Deposits to the fund beginning in the sixth year of program | ||||||
22 | implementation and every year thereafter will be no less than | ||||||
23 | was deposited in the fifth year. Upper limits on expenditures | ||||||
24 | do not apply to renewed or updated program plans for which a | ||||||
25 | program has already been in place for 5 or more years.
|
| |||||||
| |||||||
1 | (b) Each producer, individually or collectively through a | ||||||
2 | producer responsibility organization, shall establish and | ||||||
3 | maintain a composting infrastructure and education program to | ||||||
4 | assist in improving the recovery of compostable packaging and | ||||||
5 | the education of persons participating in collection programs | ||||||
6 | that accept compostable packaging. A producer or producer | ||||||
7 | responsibility organization shall enter into agreements with | ||||||
8 | public or private entities to establish the composting | ||||||
9 | infrastructure and education program, which shall include, but | ||||||
10 | is not limited to, offering grants or loans in order to reduce | ||||||
11 | the environmental impacts of covered materials.
| ||||||
12 | To fund activities under the composting infrastructure and | ||||||
13 | education program, each producer, individually or collectively | ||||||
14 | through a producer responsibility organization, shall | ||||||
15 | establish and maintain a composting infrastructure and | ||||||
16 | education fund. Amounts deposited into the composting | ||||||
17 | infrastructure and education fund by a producer or producer | ||||||
18 | responsibility organization shall be at least 2.5% of total | ||||||
19 | expenditure under the program plans or $10,000,000, whichever | ||||||
20 | is less. Deposits to the composting infrastructure and | ||||||
21 | education fund beginning in the sixth program year and every | ||||||
22 | program year thereafter shall be no less than was deposited in | ||||||
23 | the fifth program year. Upper limits on expenditures do not | ||||||
24 | apply to renewed or updated program plans for which a program | ||||||
25 | has already been in place for 5 or more years.
| ||||||
26 | (c) In offering grants or loans for programs under this |
| |||||||
| |||||||
1 | Section, a producer or producer responsibility organization | ||||||
2 | must consider criteria that include, but are not limited to, | ||||||
3 | the following: | ||||||
4 | (1) the environmental benefits of the program; | ||||||
5 | (2) the human health benefits of the program; | ||||||
6 | (3) the social and economic benefits of the program; | ||||||
7 | (4) the cost-effectiveness of the program; | ||||||
8 | (5) the needs of economically distressed or | ||||||
9 | underserved communities; | ||||||
10 | (6) the results of the statewide needs assessment; and | ||||||
11 | (7) the inclusion of responsible end markets for any | ||||||
12 | collected compostable material.
| ||||||
13 | Section 65. Funding stipulations; Agency expenses.
| ||||||
14 | (a) Any funds collected under this Act shall not be used to | ||||||
15 | carry out lobbying activities on behalf of a producer or | ||||||
16 | producer responsibility organization. | ||||||
17 | (b) No retailer may charge a point-of-sale fee or other | ||||||
18 | fee to consumers to facilitate a producer recouping the costs | ||||||
19 | associated with meeting the producer's obligations under this | ||||||
20 | Act. | ||||||
21 | (c) Nothing in this Act requires a covered entity to | ||||||
22 | participate in a producer responsibility organization.
| ||||||
23 | (d) A producer or producer responsibility organization | ||||||
24 | shall not use the funds collected under this Act to pay a civil | ||||||
25 | penalty from the enforcement of this Act or to pay costs |
| |||||||
| |||||||
1 | associated with litigation between a producer or producer | ||||||
2 | responsibility organization and the State.
| ||||||
3 | (e) Not later than January 1, 2024 and annually | ||||||
4 | thereafter, producers, either individually or jointly with | ||||||
5 | other producers through a producer responsibility | ||||||
6 | organization, shall collectively pay the Agency $400,000 per | ||||||
7 | year to administer the program plans established under this | ||||||
8 | Act.
| ||||||
9 | Section 70. Program plan approval.
| ||||||
10 | (a) Before approval or rejection of a program plan can be | ||||||
11 | made in accordance with this Act, a producer or producer | ||||||
12 | responsibility organization shall submit the plan to the | ||||||
13 | Advisory Council for review and input as outlined in this Act.
| ||||||
14 | (b) No later than 90 days after a producer or producer | ||||||
15 | responsibility organization submits a program plan to the | ||||||
16 | Agency, the Agency shall approve the program plan as submitted | ||||||
17 | or deny the program plan, with reasons for the denial. The | ||||||
18 | Agency shall consider the following in deciding whether to | ||||||
19 | approve a plan:
| ||||||
20 | (1) whether the plan contains all elements required | ||||||
21 | under this Act; and
| ||||||
22 | (2) whether the producer or producer responsibility | ||||||
23 | organization has undertaken the required consultation with | ||||||
24 | the Advisory Council, has provided an opportunity for the | ||||||
25 | Advisory Council's input on the plan prior to submission |
| |||||||
| |||||||
1 | of the plan to the Agency, and has thoroughly described | ||||||
2 | how the Advisory Council's input has been addressed by and | ||||||
3 | incorporated into the plan.
| ||||||
4 | (c) No later than 3 months after the date a program plan is | ||||||
5 | approved, the producer or producer responsibility organization | ||||||
6 | shall implement the approved program plan. If the first | ||||||
7 | program plan is not approved by the Agency on or before July 1, | ||||||
8 | 2026, the producer or producer responsibility organization | ||||||
9 | shall implement the plan as submitted until the plan is | ||||||
10 | approved by the Agency.
| ||||||
11 | Section 75. Alternative collection programs.
| ||||||
12 | (a) Producers, either individually or jointly with other | ||||||
13 | producers through a producer responsibility organization, may | ||||||
14 | develop and operate an alternative collection program to | ||||||
15 | collect and manage a type or types of covered materials sold, | ||||||
16 | offered for sale, distributed, or served to consumers in the | ||||||
17 | State that are not on the minimum recyclable materials list | ||||||
18 | created under Section 35. A producer that manages a type of | ||||||
19 | packaging material under an approved alternative collection | ||||||
20 | program through reuse, recycling, or composting may wholly or | ||||||
21 | partially offset the producer's payment obligations under the | ||||||
22 | packaging stewardship program with respect to that same type | ||||||
23 | of packaging material only.
| ||||||
24 | (b) A producer or producer responsibility organization | ||||||
25 | seeking to implement an alternative collection program shall |
| |||||||
| |||||||
1 | submit a program plan for the alternative program in | ||||||
2 | accordance with Section 45. The Agency shall review and | ||||||
3 | approve or deny the program plan for the alternative program | ||||||
4 | in accordance with Section 70.
| ||||||
5 | (c) A producer or producer responsibility organization | ||||||
6 | operating an alternative collection program shall report | ||||||
7 | annually to the Agency on the status of the program in | ||||||
8 | accordance with the requirements for annual program plan | ||||||
9 | reports described in Section 85.
| ||||||
10 | Section 80. Outreach and education; producer | ||||||
11 | responsibility website.
| ||||||
12 | (a) Each producer, individually or collectively through a | ||||||
13 | producer responsibility organization, shall provide effective | ||||||
14 | outreach, education, and communications resources about the | ||||||
15 | program that can be used by retailers, collectors, government | ||||||
16 | agencies, nonprofit organizations, and other entities | ||||||
17 | regarding:
| ||||||
18 | (1) proper end-of-life management of covered | ||||||
19 | materials;
| ||||||
20 | (2) the location and availability of curbside | ||||||
21 | recycling and drop-off collection opportunities;
| ||||||
22 | (3) how to reduce waste, access reuse programs, and | ||||||
23 | prevent litter of covered materials; and
| ||||||
24 | (4) recycling instructions that are (i) consistent | ||||||
25 | statewide, except as necessary to take into account |
| |||||||
| |||||||
1 | differences among local laws and processing capabilities, | ||||||
2 | (ii) easy to understand, and (iii) easily accessible.
| ||||||
3 | (b) Producers, either individually or jointly through a | ||||||
4 | producer responsibility organization, shall collectively | ||||||
5 | initially allocate a minimum of $0.50 per resident of the | ||||||
6 | State annually to be spent on education and outreach. The | ||||||
7 | amount shall be increased pursuant to subdivision (g) if | ||||||
8 | performance targets are not met. Counties, municipal joint | ||||||
9 | action agencies, or cities with a population greater than | ||||||
10 | 1,000,000 may choose to receive up to 50% of the allocated | ||||||
11 | funding per resident within their jurisdiction annually from | ||||||
12 | producers or a producer responsibility organization to be | ||||||
13 | spent on education and outreach about the program within the | ||||||
14 | county, municipal joint action agency, or city. Where funding | ||||||
15 | is provided to counties or municipal joint action agencies, | ||||||
16 | they must collaborate with covered entities within their | ||||||
17 | jurisdiction and producers or a producer responsibility | ||||||
18 | organization to develop an overall education plan.
| ||||||
19 | (c) Producers, either individually or jointly with other | ||||||
20 | producers through a producer responsibility organization, | ||||||
21 | shall undertake direct outreach, education, and communications | ||||||
22 | that are designed to assist in attaining or exceeding recovery | ||||||
23 | and recycling rates under this Act using any funds available | ||||||
24 | after funding is distributed to municipal joint action | ||||||
25 | agencies and county governments. A producer or producer | ||||||
26 | responsibility organization may choose to dedicate additional |
| |||||||
| |||||||
1 | funding to outreach efforts.
| ||||||
2 | (d) The outreach and education required under this Section | ||||||
3 | shall:
| ||||||
4 | (1) be designed to achieve the management goals of | ||||||
5 | covered materials under this Act, including, but not | ||||||
6 | limited to, the prevention of contamination of covered | ||||||
7 | materials; | ||||||
8 | (2) incorporate, at a minimum, electronic, print, | ||||||
9 | web-based, social media, and community-based social | ||||||
10 | marketing elements;
| ||||||
11 | (3) use consistent and easy to understand messaging | ||||||
12 | and education statewide that is adapted for the diverse | ||||||
13 | communities of the State, with the aim of reducing | ||||||
14 | resident confusion regarding the recyclability and | ||||||
15 | end-of-life management options available for different | ||||||
16 | covered materials;
| ||||||
17 | (4) be conceptually, linguistically, and culturally | ||||||
18 | accurate for the communities served and reach the State's | ||||||
19 | diverse ethnic populations, including, but not limited to, | ||||||
20 | through meaningful consultation with communities that bear | ||||||
21 | disproportionately higher levels of adverse environmental | ||||||
22 | and social justice impacts;
| ||||||
23 | (5) include, at a minimum: | ||||||
24 | (A) consulting on education, outreach, and | ||||||
25 | communications with units of local government and | ||||||
26 | other stakeholders; |
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| |||||||
1 | (B) coordinating with and assisting local | ||||||
2 | municipal programs, municipal contracted programs, | ||||||
3 | solid waste collection companies, and other entities | ||||||
4 | providing services; and | ||||||
5 | (C) developing and providing outreach and | ||||||
6 | education to the diverse ethnic populations in the | ||||||
7 | State; and
| ||||||
8 | (6) include a plan to work with participating | ||||||
9 | producers to use labels or markings on covered materials | ||||||
10 | to educate consumers about their proper end-of-life | ||||||
11 | management, including, but not limited to, a plan for how | ||||||
12 | labeling will improve over time and a plan for the | ||||||
13 | creation of consistent labeling standards.
| ||||||
14 | (e) Producers, either individually or jointly with other | ||||||
15 | producers through a producer responsibility organization, | ||||||
16 | shall maintain a public website which shall, at a minimum, | ||||||
17 | provide the following information:
| ||||||
18 | (A) each producer participating in the approved | ||||||
19 | program plan;
| ||||||
20 | (B) the brands and types of covered materials of the | ||||||
21 | producers participating in the approved program plan; and
| ||||||
22 | (C) all approved plans, annual reports, and audit | ||||||
23 | results required under this Act.
| ||||||
24 | The website shall include information to notify the public | ||||||
25 | about how to properly recycle or otherwise dispose of covered | ||||||
26 | materials. |
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| |||||||
1 | (f) The Advisory Council, with data reported in the annual | ||||||
2 | report required under Section 85, shall evaluate the | ||||||
3 | effectiveness of outreach and education efforts under this | ||||||
4 | Section to determine whether modification of a program plan is | ||||||
5 | necessary to improve the outreach and education efforts. The | ||||||
6 | Agency may require a producer or producer responsibility | ||||||
7 | organization to develop information that may be used to | ||||||
8 | improve outreach and education efforts under this Section.
| ||||||
9 | (g) If, within one year after modification of a program | ||||||
10 | plan in accordance with this Section, the Advisory Council | ||||||
11 | determines a producer or producer responsibility organization | ||||||
12 | is still not on track to meet performance targets, the Agency | ||||||
13 | may require a producer or producer responsibility organization | ||||||
14 | to submit a revised program plan to increase expenditures on | ||||||
15 | education and infrastructure, as needed, by a minimum of 10%. | ||||||
16 | The Agency may require the submission of subsequent revised | ||||||
17 | plans to increase the allocated funding required for education | ||||||
18 | and outreach as needed to ensure the program achieves the | ||||||
19 | established performance targets.
| ||||||
20 | (h) Producers, either individually or jointly with other | ||||||
21 | producers through a producer responsibility organization, | ||||||
22 | shall inform retailers of their obligation to sell only | ||||||
23 | covered materials of producers participating in an approved | ||||||
24 | program plan.
| ||||||
25 | Section 85. Reporting requirements and audits.
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| |||||||
1 | (a) On or before May 1, 2027, and annually thereafter, | ||||||
2 | producers, either individually or jointly with other producers | ||||||
3 | through a producer responsibility organization, shall submit a | ||||||
4 | report to the Agency that details the performance for the | ||||||
5 | prior calendar year's program. Producers, either individually | ||||||
6 | or jointly with other producers through a producer | ||||||
7 | responsibility organization, shall provide a copy of the | ||||||
8 | annual report to the Advisory Council for review and feedback | ||||||
9 | prior to submission to the Agency and shall allow 30 days for | ||||||
10 | the Advisory Council to provide written comment. A producer or | ||||||
11 | producer responsibility organization shall submit to the | ||||||
12 | Agency any written comments on the annual report received from | ||||||
13 | the Advisory Council as an attachment to the report. The | ||||||
14 | annual report shall include, at a minimum:
| ||||||
15 | (1) the weight, in tons, of covered materials sold or | ||||||
16 | distributed into the State by the producer or producers | ||||||
17 | who are members of a producer responsibility organization | ||||||
18 | by material type and format;
| ||||||
19 | (2) a description of any methods used to collect, | ||||||
20 | transport, and process covered materials, including, but | ||||||
21 | not limited to, a description of collection methods made | ||||||
22 | available to the public and an evaluation of the program's | ||||||
23 | collection convenience;
| ||||||
24 | (3) a description of the management of covered | ||||||
25 | materials, including, but not limited to, reuse, | ||||||
26 | recycling, and composting rates, by material type;
|
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| |||||||
1 | (4) a calculation of the reuse, recycling, composting, | ||||||
2 | and postconsumer recycled content rates with supporting | ||||||
3 | data by covered material type, provided that packaging or | ||||||
4 | paper products for which a waiver of postconsumer recycled | ||||||
5 | content is granted in accordance with Section 100 shall | ||||||
6 | not be included in the calculation of postconsumer | ||||||
7 | recycled content rates, and a description of their status | ||||||
8 | and progress toward achieving the performance targets set | ||||||
9 | forth in this Act, including, but not limited to, the | ||||||
10 | requirements in subsection (d) of Section 30 and the | ||||||
11 | performance targets established in the program plan | ||||||
12 | pursuant to Section 35, and a description of the efforts | ||||||
13 | proposed in the event of failing to achieve such rates;
| ||||||
14 | (5) data on the weight of reclaimed covered materials, | ||||||
15 | by material type, including, but not limited to, the form | ||||||
16 | of any covered materials transported out of state; | ||||||
17 | (6) a description of the process used to verify the | ||||||
18 | method by which reclaimed covered materials were managed;
| ||||||
19 | (7) information on the weight and type of | ||||||
20 | contamination in the recycling streams of covered | ||||||
21 | materials and the efforts proposed to reduce | ||||||
22 | contamination, including, but not limited to, through | ||||||
23 | consumer outreach and education;
| ||||||
24 | (8) the total cost of implementing the program as | ||||||
25 | determined by an independent financial audit;
| ||||||
26 | (9) the status of the grants and programs implemented |
| |||||||
| |||||||
1 | under the waste prevention and reuse program and the | ||||||
2 | composting infrastructure and education program;
| ||||||
3 | (10) independently audited financial statements | ||||||
4 | detailing all payments received from producers covered by | ||||||
5 | the approved plan and issued by a producer responsibility | ||||||
6 | organization;
| ||||||
7 | (11) a copy of the independent financial audit;
| ||||||
8 | (12) a detailed description of the dues structure for | ||||||
9 | participating producers, including, but not limited to, | ||||||
10 | any incentives or disincentives for covered materials by | ||||||
11 | type, an evaluation of the effectiveness of such dues | ||||||
12 | structure and incentives, and a proposed schedule of dues | ||||||
13 | for the following program year;
| ||||||
14 | (13) a detailed description of how the program | ||||||
15 | compensated covered entities, public and private haulers, | ||||||
16 | MRFs, and other service providers for their recycling | ||||||
17 | efforts and other related services;
| ||||||
18 | (14) a description of any outreach and education | ||||||
19 | efforts, including, but not limited to, the results of | ||||||
20 | those efforts and sample educational materials as well as | ||||||
21 | recommendations, if any, for how the educational component | ||||||
22 | of the program can be improved;
| ||||||
23 | (15) the status of packaging innovation and design | ||||||
24 | characteristics to prevent littering, make covered | ||||||
25 | materials reusable, and reduce overall covered material | ||||||
26 | waste;
|
| |||||||
| |||||||
1 | (16) a calculation of the waste prevention rate with | ||||||
2 | supporting data by covered material type;
| ||||||
3 | (17) a detailed description of investments made in | ||||||
4 | infrastructure and market development as related to this | ||||||
5 | Act;
| ||||||
6 | (18) as applicable, the total amount, by weight, of | ||||||
7 | each type of covered material collected and managed by | ||||||
8 | each participating producer through alternative collection | ||||||
9 | programs approved under Section 75;
| ||||||
10 | (19) as applicable, the total amount, by weight, of | ||||||
11 | each type of covered material produced for which | ||||||
12 | postconsumer recycled content requirements are waived | ||||||
13 | under Section 100; and
| ||||||
14 | (20) any other information required by the Advisory | ||||||
15 | Council upon its review of the report.
| ||||||
16 | (b) If a producer or producer responsibility organization | ||||||
17 | is required to provide information in the annual report that | ||||||
18 | it considers to be proprietary, privileged, or confidential, | ||||||
19 | the information shall be provided with a claim that the | ||||||
20 | information is proprietary, privileged, or confidential in | ||||||
21 | accordance with the requirements for exemption under Section 7 | ||||||
22 | of the Freedom of Information Act. A producer or producer | ||||||
23 | responsibility organization shall provide both a complete copy | ||||||
24 | and a redacted copy of the annual report to the Agency. | ||||||
25 | (c) No later than 60 days after the date the Agency | ||||||
26 | receives the annual report, the Agency shall notify a producer |
| |||||||
| |||||||
1 | or producer responsibility organization of any deficiencies in | ||||||
2 | the report. No later than 30 days after receiving this notice | ||||||
3 | from the Agency, a producer or producer responsibility | ||||||
4 | organization shall submit to the Agency additional information | ||||||
5 | to correct the deficiencies. No later than 30 days after | ||||||
6 | receiving the additional information, the Agency shall notify | ||||||
7 | a producer or producer responsibility organization of any | ||||||
8 | uncorrected deficiencies, with continuing response and review | ||||||
9 | periods of no more than 30 days until the report is approved by | ||||||
10 | the Agency. Upon final approval by the Agency, the report | ||||||
11 | shall be posted on the Agency's website and on the website of | ||||||
12 | the producer or the producer responsibility organization | ||||||
13 | acting on the producer's behalf. If applicable, the version of | ||||||
14 | the report to be posted publicly shall be the redacted | ||||||
15 | version.
| ||||||
16 | (d) Any proposed activities or recommendations from the | ||||||
17 | annual report shall be evaluated by the Advisory Council for | ||||||
18 | progress and shall be taken into consideration when reviewing | ||||||
19 | the report. If a producer or producer responsibility | ||||||
20 | organization is not on target to meet the performance | ||||||
21 | requirements or other required components of the plan, the | ||||||
22 | Agency, in consultation with the Advisory Council, shall | ||||||
23 | require the producer or producer responsibility organization | ||||||
24 | to submit a revised program plan designed to meet the | ||||||
25 | performance requirements or other required components of the | ||||||
26 | plan.
|
| |||||||
| |||||||
1 | Section 90. Limited antitrust protections.
A producer or | ||||||
2 | producer responsibility organization that organizes the | ||||||
3 | collection, transportation, and processing of covered | ||||||
4 | materials, in accordance with a program plan approved under | ||||||
5 | this Act, shall not be liable for any claim of a violation of | ||||||
6 | antitrust, restraint of trade, or unfair trade practice | ||||||
7 | arising from conduct undertaken in accordance with the program | ||||||
8 | pursuant to this Act. However, this Section shall not apply to | ||||||
9 | any agreement establishing or affecting the price of a covered | ||||||
10 | material, product, or the output or production of any | ||||||
11 | agreement restricting the geographic area or customers to | ||||||
12 | which a covered material or product will be sold.
| ||||||
13 | Section 95. Penalties.
| ||||||
14 | (a) Except as otherwise provided in this Act, any person | ||||||
15 | who violates any provision of this Act is liable for a civil | ||||||
16 | penalty of $7,000 per violation per day.
| ||||||
17 | (b) The penalties provided for in this Section may be | ||||||
18 | recovered in a civil action brought in the name of the People | ||||||
19 | of the State of Illinois by the State's Attorney of the county | ||||||
20 | in which the violation occurred or by the Attorney General. | ||||||
21 | Any penalties collected under this Section in an action in | ||||||
22 | which the Attorney General has prevailed shall be deposited in | ||||||
23 | the Environmental Protection Trust Fund.
| ||||||
24 | (c) The Attorney General or the State's Attorney of a |
| |||||||
| |||||||
1 | county in which a violation occurs may institute a civil | ||||||
2 | action for an injunction, prohibitory or mandatory, to | ||||||
3 | restrain violations of this Act or to require such actions as | ||||||
4 | may be necessary to address violations of this Act.
| ||||||
5 | (d) The penalties and injunctions provided in this Act are | ||||||
6 | in addition to any penalties, injunctions, or other relief | ||||||
7 | provided under any other law. Nothing in this Act bars a cause | ||||||
8 | of action by the State for any other penalty, injunction, or | ||||||
9 | other relief provided by any other law.
| ||||||
10 | (e) Any person who knowingly makes a false, fictitious, or | ||||||
11 | fraudulent material statement, orally or in writing, to the | ||||||
12 | Agency, related to or required by this Act or any rule adopted | ||||||
13 | under this Act commits a Class 4 felony, and each such | ||||||
14 | statement or writing shall be considered a separate Class 4 | ||||||
15 | felony. A person who violates this subsection a second or | ||||||
16 | subsequent time after being convicted under this subsection | ||||||
17 | commits a Class 3 felony.
| ||||||
18 | Section 100. Postconsumer recycled content.
Postconsumer | ||||||
19 | recycled content requirements in specific products may be | ||||||
20 | waived by the Agency if demonstration is made and the Agency | ||||||
21 | approves, in writing, that:
| ||||||
22 | (1) the manufacturer cannot achieve the postconsumer | ||||||
23 | recycled content requirements and remain in compliance | ||||||
24 | with applicable rules and regulations adopted by the | ||||||
25 | United States Food and Drug Administration, or any other |
| |||||||
| |||||||
1 | State or federal law, rule, or regulation;
| ||||||
2 | (2) it is not technologically feasible for the | ||||||
3 | manufacturer to achieve the postconsumer recycled content | ||||||
4 | requirements;
| ||||||
5 | (3) the manufacturer cannot comply with the | ||||||
6 | postconsumer recycled content requirements due to | ||||||
7 | inadequate availability of recycled material or a | ||||||
8 | substantial disruption in the supply of recycled material; | ||||||
9 | or
| ||||||
10 | (4) the manufacturer cannot comply for another reason | ||||||
11 | as determined by the Agency by rule, regulation, or | ||||||
12 | guidance.
| ||||||
13 | Section 105. Other assistance programs.
Nothing in this | ||||||
14 | Act shall impact an entity's eligibility for any State or | ||||||
15 | local incentive or assistance program to which the entity is | ||||||
16 | otherwise eligible.
| ||||||
17 | Section 997. Severability.
The provisions of this Act | ||||||
18 | shall be severable and if any phrase, clause, sentence or | ||||||
19 | provision of this Act or the applicability thereof to any | ||||||
20 | person or circumstance shall be held invalid, the remainder of | ||||||
21 | this Act and the application thereof shall not be affected | ||||||
22 | thereby.
| ||||||
23 | Section 999. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|