97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
Introduced , by Rep. Jack D. Franks
SYNOPSIS AS INTRODUCED:
Creates the McHenry County Plastic Bag Recycling Act and the McHenry
County Plastic Bag Recycling Task Force. Requires the Task Force to
promulgate procedures and guidelines implementing a voluntary plastic bag
recycling pilot program for retailers in McHenry County. Requires retailers
that participate in the voluntary program to comply with certain
requirements. Sets out the composition and duties of the Task Force.
Provides that the Task Force and the Environmental Protection Agency shall
collaborate on a report to be submitted to the Governor and the General
Assembly by March 1, 2013. Provides that the Act is repealed on June 1,
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
McHenry County Plastic Bag Recycling Act.
As used in this Act:
"Agency" means the Illinois Environmental Protection
"Consumer" means any person who makes a purchase at retail
for any purpose other than resale.
"Distributing plastic bags to consumers" means the act of a
retailer giving to a consumer a plastic bag to store or
transport goods purchased at retail.
"Plastic bag" means any plastic, latex, or polypropylene
"Purchase at retail" means the acquisition of the ownership
of or title to tangible personal property through a sale at
"Retailer" means a person engaged in the business of
sales at retail that owns or controls more than 10,000 square
feet of retail space in McHenry County.
Recycling pilot program in McHenry County.
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(a) Within 90 days after the first meeting of the McHenry
County Plastic Bag Recycling Task Force, the Task Force shall
promulgate procedures and guidelines implementing a voluntary
plastic bag recycling pilot program for retailers in McHenry
County. The Agency shall administer the pilot program under the
procedures and guidelines adopted by the Task Force.
Retailers, as defined by Section 5 of this Act, that are
participating in the pilot program and distributing plastic
bags to consumers free of charge as part of a purchase at
(1) implement a plastic bag collection program that
facilitates the return and recycling of plastic bags
distributed to consumers by that retailer;
(2) provide a clearly marked receptacle for the
collection of plastic bags that is in a convenient location
for that retailer's consumers; and
(3) arrange for the pick-up, transport, and recycling
of plastic bags deposited in the collection receptacles by
(b) In meeting the pilot program guidelines, retailers may
work individually or as part of a group.
(c) The provisions of this Section are subject to
(a) The McHenry County Plastic Bag Recycling Task Force is
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created. The Task Force shall consist of one legislator
appointed by each of the following: the President of the
Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, and the Minority Leader of the House
of Representatives; 3 representatives of a statewide
association exclusively representing retailers; and one
representative from each of the following:
(1) a plastic film recycler;
(2) the McHenry County Department of Health;
(3) the Illinois Environmental Protection Agency; and
(4) the McHenry County Board.
Within 90 days after the effective date of this Act the
McHenry County Plastic Bag Recycling Task Force shall be
formed. The Task Force shall meet at least twice a year. The
Agency shall chair the meetings and facilitate the Task Force.
(b) On or before March 1, 2013, the Task Force, in
collaboration with the Agency, shall compile and submit a
report to the Governor, the President of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives, discussing, but not limited to, the following
(1) enrollment in the pilot program;
(2) benefits and costs to the environment, retailers,
residents of McHenry County;
(3) cost-benefit analysis of the pilot program;