State of Illinois
2011 and 2012


Introduced , by Rep. Jack D. Franks


New Act

    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 Provides that the Act is repealed on June 1, 2013.

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HB1469LRB097 06327 JDS 46407 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5McHenry County Plastic Bag Recycling Act.
6    Section 5. Definitions. As used in this Act:
7    "Agency" means the Illinois Environmental Protection
9    "Consumer" means any person who makes a purchase at retail
10for any purpose other than resale.
11    "Distributing plastic bags to consumers" means the act of a
12retailer giving to a consumer a plastic bag to store or
13transport goods purchased at retail.
14    "Plastic bag" means any plastic, latex, or polypropylene
16    "Purchase at retail" means the acquisition of the ownership
17of or title to tangible personal property through a sale at
19    "Retailer" means a person engaged in the business of making
20sales at retail that owns or controls more than 10,000 square
21feet of retail space in McHenry County.
22    Section 10. Recycling pilot program in McHenry County.



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1    (a) Within 90 days after the first meeting of the McHenry
2County Plastic Bag Recycling Task Force, the Task Force shall
3promulgate procedures and guidelines implementing a voluntary
4plastic bag recycling pilot program for retailers in McHenry
5County. The Agency shall administer the pilot program under the
6procedures and guidelines adopted by the Task Force.
7    Retailers, as defined by Section 5 of this Act, that are
8participating in the pilot program and distributing plastic
9bags to consumers free of charge as part of a purchase at
10retail must:
11        (1) implement a plastic bag collection program that
12    facilitates the return and recycling of plastic bags
13    distributed to consumers by that retailer;
14        (2) provide a clearly marked receptacle for the
15    collection of plastic bags that is in a convenient location
16    for that retailer's consumers; and
17        (3) arrange for the pick-up, transport, and recycling
18    of plastic bags deposited in the collection receptacles by
19    consumers.
20    (b) In meeting the pilot program guidelines, retailers may
21work individually or as part of a group.
22    (c) The provisions of this Section are subject to
24    Section 15. Task Force.
25    (a) The McHenry County Plastic Bag Recycling Task Force is



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1created. The Task Force shall consist of one legislator
2appointed by each of the following: the President of the
3Senate, the Minority Leader of the Senate, the Speaker of the
4House of Representatives, and the Minority Leader of the House
5of Representatives; 3 representatives of a statewide
6association exclusively representing retailers; and one
7representative from each of the following:
8        (1) a plastic film recycler;
9        (2) the McHenry County Department of Health;
10        (3) the Illinois Environmental Protection Agency; and
11        (4) the McHenry County Board.
12    Within 90 days after the effective date of this Act the
13McHenry County Plastic Bag Recycling Task Force shall be
14formed. The Task Force shall meet at least twice a year. The
15Agency shall chair the meetings and facilitate the Task Force.
16    (b) On or before March 1, 2013, the Task Force, in
17collaboration with the Agency, shall compile and submit a
18report to the Governor, the President of the Senate, the
19Minority Leader of the Senate, the Speaker of the House of
20Representatives, and the Minority Leader of the House of
21Representatives, discussing, but not limited to, the following
23        (1) enrollment in the pilot program;
24        (2) benefits and costs to the environment, retailers,
25    residents of McHenry County;
26        (3) cost-benefit analysis of the pilot program;



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1        (4) any burden suffered as a result of the pilot
2    program; and
3        (5) any unforeseen transportation issues, liability,
4    or costs for participants in the pilot program.
5    Section 90. Repealer. This Act is repealed June 1, 2013.