Rep. Elaine Nekritz

Filed: 3/3/2011

 

 


 

 


 
09700HB3424ham001LRB097 07437 JDS 51990 a

1
AMENDMENT TO HOUSE BILL 3424

2    AMENDMENT NO. ______. Amend House Bill 3424 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Sections 5, 10, 20, 30, 55, 60, and 65
6as follows:
 
7    (415 ILCS 150/5)
8    Sec. 5. Findings and purpose.
9    (a) The General Assembly finds all of the following:
10        (1) Electronic products are the fastest growing
11    portion of the solid waste stream. In 2007, 3,000,000 2005,
12    2,600,000 tons of electronic products became obsolete yet
13    only 14% 13% of those products were recycled.
14        (2) Many electronic products contain lead, mercury,
15    cadmium, hexavalent chromium, and other materials that
16    pose environmental and health risks that must be managed.

 

 

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1        (3) Many obsolete electronic products can be recycled
2    or refurbished for reuse and then returned to the economic
3    mainstream in the form of raw materials or products.
4        (4) Electronic products contain metals, plastics, and
5    leaded glass that have resale value. The reuse of these
6    components conserves natural resources and energy, and the
7    reuse also reduces air and water pollution and greenhouse
8    gas emissions.
9        (5) The A management of obsolete residential products
10    is necessary to prioritize place the reuse and recycling of
11    obsolete residential electronic products as the preferred
12    management strategy over incineration and landfill
13    disposal.
14        (6) The 2010 Recycling Economic Information Study
15    Update for Illinois estimates that the total economic
16    impact of recycling and reusing obsolete electronic
17    products resulted in the creation of nearly 8,000 jobs and
18    $622 million in annual receipts. The Illinois Recycling
19    Economic Information Study of 2001 estimates that the total
20    economic impact of establishing statewide recycling and
21    reuse programs for residential electronic products may
22    result in the creation of nearly 4,000 new jobs and $740
23    million in annual receipts.
24        (7) The State-appointed Computer Equipment Disposal
25    and Recycling Commission issued a final report in May 2006
26    recommending legislative, regulatory, or other actions to

 

 

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1    properly address the recycling and reuse of obsolete
2    residential electronic products.
3    (b) The purpose of this Act is to set forth procedures by
4which the recycling and processing for reuse of covered
5electronic devices will be accomplished in Illinois.
6(Source: P.A. 95-959, eff. 9-17-08.)
 
7    (415 ILCS 150/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Agency" means the Environmental Protection Agency.
10    "Cathode-ray tube" means a vacuum tube or picture tube used
11to convert an electronic signal into a visual image, such as a
12television or computer monitor.
13    "Collector" means a person who receives covered electronic
14devices or eligible electronic devices directly from a
15residence for recycling or processing for reuse. "Collector"
16includes, but is not limited to, manufacturers, recyclers, and
17refurbishers who receive CEDs or EEDs directly from the public.
18    "Computer", often referred to as a "personal computer" or
19"PC", means a desktop or notebook computer as further defined
20below and used only in a residence, but does not mean an
21automated typewriter, electronic printer, mobile telephone,
22portable hand-held calculator, portable digital assistant
23(PDA), MP3 player, or other similar device. "Computer" does not
24include computer peripherals, commonly known as cables, mouse,
25or keyboard. "Computer" is further defined as either:

 

 

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1        (1) "Desktop computer", which means an electronic,
2    magnetic, optical, electrochemical, or other high-speed
3    data processing device performing logical, arithmetic, or
4    storage functions for general purpose needs that are met
5    through interaction with a number of software programs
6    contained therein, and that is not designed to exclusively
7    perform a specific type of logical, arithmetic, or storage
8    function or other limited or specialized application.
9    Human interface with a desktop computer is achieved through
10    a stand-alone keyboard, stand-alone monitor, or other
11    display unit, and a stand-alone mouse or other pointing
12    device, and is designed for a single user. A desktop
13    computer has a main unit that is intended to be
14    persistently located in a single location, often on a desk
15    or on the floor. A desktop computer is not designed for
16    portability and generally utilizes an external monitor,
17    keyboard, and mouse with an external or internal power
18    supply for a power source. Desktop computer does not
19    include an automated typewriter or typesetter; or
20        (2) "Notebook computer", which means an electronic,
21    magnetic, optical, electrochemical, or other high-speed
22    data processing device performing logical, arithmetic, or
23    storage functions for general purpose needs that are met
24    through interaction with a number of software programs
25    contained therein, and that is not designed to exclusively
26    perform a specific type of logical, arithmetic, or storage

 

 

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1    function or other limited or specialized application.
2    Human interface with a notebook computer is achieved
3    through a keyboard, video display greater than 4 inches in
4    size, and mouse or other pointing device, all of which are
5    contained within the construction of the unit that
6    comprises the notebook computer; supplemental stand-alone
7    interface devices typically can also be attached to the
8    notebook computer. Notebook computers can use external,
9    internal, or batteries for a power source. Notebook
10    computer does not include a portable hand-held calculator,
11    or a portable digital assistant or similar specialized
12    device. A notebook computer has an incorporated video
13    display greater than 4 inches in size and can be carried as
14    one unit by an individual. A notebook computer is sometimes
15    referred to as a laptop computer.
16    "Computer monitor" means an electronic device that is a
17cathode-ray tube or flat panel display primarily intended to
18display information from a computer and is used only in a
19residence.
20    "Covered electronic device" or "CED" means any computer,
21computer monitor, television, or printer that is taken out of
22service from a residence in this State regardless of purchase
23location. "Covered electronic device" does not include any of
24the following:
25        (1) an electronic device that is a part of a motor
26    vehicle or any component part of a motor vehicle assembled

 

 

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1    by or for a vehicle manufacturer or franchised dealer,
2    including replacement parts for use in a motor vehicle;
3        (2) an electronic device that is functionally or
4    physically part of a larger piece of equipment or that is
5    taken out of service from an industrial, commercial
6    (including retail), library checkout, traffic control,
7    kiosk, security (other than household security),
8    governmental, agricultural, or medical setting, including
9    but not limited to diagnostic, monitoring, or control
10    equipment; or
11        (3) an electronic device that is contained within a
12    clothes washer, clothes dryer, refrigerator, refrigerator
13    and freezer, microwave oven, conventional oven or range,
14    dishwasher, room air conditioner, dehumidifier, water
15    pump, sump pump, or air purifier.
16To the extent allowed under federal and State laws and
17regulations, a CED that is being collected, recycled, or
18processed for reuse is not considered to be hazardous waste,
19household waste, solid waste, or special waste.
20    "Developmentally disabled", as defined by the Illinois
21Department of Human Services, Division of Developmental
22Disabilities Program Manual, means having mental retardation
23or a related condition. For the purposes of this Act:
24        (1) "Mental retardation" means significantly
25    subaverage general intellectual functioning as well as
26    deficits in adaptive behavior that manifested before age

 

 

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1    22. A person's general intellectual functioning is
2    significantly subaverage if that person has an
3    intelligence quotient (IQ) of 70 or below on standardized
4    measures of intelligence. This upper limit, however, may be
5    extended upward depending on the reliability of the
6    intelligence test used.
7        (2) "Related condition" means a severe, chronic
8    disability that (i) is attributable to cerebral palsy,
9    epilepsy, or any other condition, other than mental
10    illness, (ii) is found to be closely related to mental
11    retardation because the condition results in impairment of
12    general intellectual functioning or adaptive behavior
13    similar to that of a person with mental retardation, and
14    (iii) requires treatment or services similar to those
15    required for persons with mental retardation. means having
16    a severe disability, as defined by the Office of
17    Rehabilitation Services of the Illinois Department of
18    Human Services, that can be expected to result in death or
19    that has lasted, or is expected to last, at least 12 months
20    and that prevents working at a "substantial gainful
21    activity" level.
22    "Dismantling" means the demanufacturing and shredding of a
23CED.
24    "Eligible electronic device" or "EED" means any of the
25following electronic products taken out of service from a
26residence in this State regardless of purchase location: mobile

 

 

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1telephone; computer cable, mouse, or keyboard; stand-alone
2facsimile machine; MP3 player; portable digital assistant
3(PDA); video game console, video cassette recorder/player,
4digital video disk player, or similar video device; zip drive;
5or scanner. To the extent allowed under federal and state laws
6and regulations, an EED that is being collected, recycled, or
7processed for reuse is not considered to be hazardous waste,
8household waste, solid waste, or special waste.
9    "Low income children and families" mean those children and
10families that are subject to the most recent version of the
11United States Department of Health and Human Services Federal
12Poverty Guidelines.
13    "Manufacturer" means a person, or a successor in interest
14to a person, under whose brand or label a CED is or was sold at
15retail. For CEDs sold at retail under a brand or label that is
16licensed from a person who is a mere brand owner and who does
17not sell or produce the CED, the person who produced the CED or
18his or her successor in interest is the manufacturer. For CEDs
19sold that were at retail under the brand or label of both the
20retail seller and the person that produced the CED, the person
21that produced the CED, or his or her successor in interest, is
22the manufacturer. A retail seller of CEDs may elect to be the
23manufacturer of one or more CEDs if the retail seller provides
24written notice to the Agency that it is accepting
25responsibility as the manufacturer of the CED under this Act
26and identifies the CEDs for which it is electing to be the

 

 

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1manufacturer.
2    "Municipal joint action agency" means a municipal joint
3action agency created under Section 3.2 of the
4Intergovernmental Cooperation Act.
5    "Orphan CEDs" means those CEDs that are returned for
6recycling, or processing for reuse, whose manufacturer cannot
7be identified, or whose manufacturer is no longer conducting
8business and has no successor in interest.
9    "Person" means any individual, partnership,
10co-partnership, firm, company, limited liability company,
11corporation, association, joint stock company, trust, estate,
12political subdivision, State agency, or any other legal entity,
13or a legal representative, agent, or assign of that entity.
14    "Printer" means desktop printers, multifunction printer
15copiers, and printer/fax combinations taken out of service from
16a residence that are designed to reside on a work surface, and
17include various print technologies, including without
18limitation laser and LED (electrographic), ink jet, dot matrix,
19thermal, and digital sublimation, and "multi-function" or
20"all-in-one" devices that perform different tasks, including
21without limitation copying, scanning, faxing, and printing.
22Printers do not include floor-standing printers, printers with
23optional floor stand, point of sale (POS) receipt printers,
24household printers such as a calculator with printing
25capabilities or label makers, or non-stand-alone printers that
26are embedded into products that are not CEDs.

 

 

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1    "Processing for reuse" means any method, technique, or
2process by which CEDs or EEDs that would otherwise be disposed
3of or discarded are instead separated, processed, and returned
4to their original intended purposes or to other useful purposes
5as electronic devices. "Processing for reuse" includes the
6collection and transportation of CEDs or EEDs.
7    "Program Year" means a calendar year. The first program
8year is 2010.
9    "Recycler" means a person who engages in the recycling of
10CEDs or EEDs, but does not include telecommunications carriers,
11telecommunications manufacturers, or commercial mobile service
12providers with an existing recycling program.
13    "Recycling" means any method, technique, or process by
14which CEDs or EEDs that would otherwise be disposed of or
15discarded are instead collected, separated, or processed and
16are returned to the economic mainstream in the form of raw
17materials or products. "Recycling" includes the collection,
18transportation, dismantling, and shredding of the CEDs or EEDs.
19    "Refurbisher" means any person who processes CEDs or EEDs
20for reuse, but does not include telecommunications carriers,
21telecommunications manufacturers, or commercial mobile service
22providers with an existing recycling program.
23    "Residence" means a dwelling place or home in which one or
24more individuals live.
25    "Retailer" means a person who sells, rents, or leases,
26through sales outlets, catalogues, or the Internet, computers,

 

 

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1computer monitors, printers, or televisions at retail to
2individuals in this State. For purposes of this Act, sales to
3individuals at retail are considered to be sales for
4residential use. "Retailer" includes, but is not limited to,
5manufacturers who sell computers, computer monitors, printers,
6or televisions at retail directly to individuals in this State.
7    "Sale" means any retail transfer of title for consideration
8of title including, but not limited to, transactions conducted
9through sales outlets, catalogs, or the Internet or any other
10similar electronic means but does not mean financing or
11leasing.
12    "Television" means an electronic device (i) containing a
13cathode-ray tube or flat panel screen the size of which is
14greater than 4 inches when measured diagonally, (ii) that is
15intended to receive video programming via broadcast, cable, or
16satellite transmission or to receive video from surveillance or
17other similar cameras, and (iii) that is used only in a
18residence.
19    "Underserved counties" means those counties so identified
20in Section 60.
21(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
22    (415 ILCS 150/20)
23    Sec. 20. Agency responsibilities.
24    (a) The Agency has the authority to monitor compliance with
25this Act, enforce violations of the Act by administrative

 

 

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1citation, and to refer violations of this Act to the Attorney
2General.
3    (b) No later than October 1 of each program year, the
4Agency shall post on its website a list of underserved counties
5in the State for the next program year. The list of underserved
6counties for program years 2010 and 2011 the first program year
7is set forth in subsection (a) of Section 60.
8    (c) By July 1, 2009, the Agency shall implement a county
9and municipal government education campaign to inform those
10entities about this Act and the implications on solid waste
11collection in their localities. By January 15, 2012 and every
12January 15 thereafter, the Agency shall conduct a county and
13municipal education campaign to inform counties and
14municipalities about this Act and its implications on solid
15waste collection. By September 30, 2012 and every September
1630th thereafter, the Agency shall post on its website: (i) a
17list of the counties and municipalities contacted during the
18program year as a result of this subsection (c), (ii) the
19manner of contact, and (iii) the date of contact.
20    (c-5) By January 15, 2012 and every January 15 thereafter,
21the Agency must have, during the preceding 12 months, (i)
22produced a radio news story and a public service announcement
23about this Act and (ii) distributed the story and announcement
24statewide to public news services at least 2 times. Production
25and distribution costs associated with the story and
26announcement may be paid using a portion of the manufacturer,

 

 

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1recycler, and refurbisher registration fees. By September 30,
22012 and every September 30th thereafter, the Agency shall post
3on its website: (i) the radio story and public service
4announcement distributed under this Act for that year, (ii) the
5identity of the public news services to which the story and
6announcement were distributed, and (ii) the date the radio
7story and announcement were distributed to those new services.
8    (c-6) By June 15, 2012 and December 15, 2012 and every June
915 and December 15 thereafter, the Agency shall post on its
10website the number of retailers that were inspected by the
11Agency to ensure compliance with subsection (a) of Section 40.
12    (c-7) By December 15, 2012 and every December 15
13thereafter, the Agency shall post on its website: (i) the
14mailing address for each collector that collected CEDs during
15the program year and (ii) the quantity in pounds of each CED
16collected at the collection event or collection site during the
17program year.
18    (d) By July 1, 2011 for the first program year, and by
19January 31 April 1 for all subsequent program years, the Agency
20shall report to the Governor and to the General Assembly
21annually on the previous program year's performance. The report
22must be posted on the Agency's website. The report must
23include, but not be limited to, the following:
24        (1) the total overall weight of CEDs, as well as the
25    sub-total weight of computers, the sub-total weight of
26    computer monitors, the sub-total weight of printers, the

 

 

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1    sub-total weight of televisions, and the total weight of
2    EEDs that were recycled or processed for reuse in the State
3    during the program year, as reported by manufacturers and
4    collectors under Sections 30 and 55;
5        (2) a listing of all collection sites as set forth
6    under subsection (e) of Section 55;
7        (3) a statement showing the total weight of CEDs and
8    EEDs collected, recycled, and processed for reuse by the
9    manufacturers pursuant to Section 30, the total weight of
10    CEDs and EEDs collected by the collectors pursuant to
11    Section 55, of the manufacturers' progress toward
12    achieving the statewide recycling goal set forth in Section
13    15 (calculated from the manufacturer reports pursuant to
14    Section 30 and the collector reports pursuant to Section
15    55) and any identified State actions that may help expand
16    collection opportunities to help manufacturers achieve the
17    statewide recycling goal;
18        (4) a listing of all entities or persons to any
19    manufacturers whom the Agency issued an administrative
20    citation or with respect to which the Agency made a
21    referral for enforcement referred to the Attorney
22    General's Office for enforcement as a result of a violation
23    of this Act;
24        (5) a discussion of the Agency's education and outreach
25    activities as set forth in subsections (c) and (c-5) of
26    this Section; and

 

 

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1        (6) a discussion of the penalties, if any, incurred by
2    manufacturers for failure to achieve recycling goals, and a
3    recommendation to the General Assembly of any necessary or
4    appropriate changes to the manufacturers' statewide
5    recycling goals, manufacturer's recycling goals, or
6    penalty provisions included in this Act.
7    (e) The Agency shall post on its website (1) a list of
8manufacturers that have paid the current year's registration
9fee as set forth in Section 30(b) and (2) a list of registered
10collectors to whom Illinois residents can bring CEDs and EEDs
11for recycling or processing for reuse. For each registered
12collector, the Agency shall also post the locations of the
13registered collector's collection sites; the URL for the
14collector's website; and the collector's business phone
15number , including links to the collectors' websites and the
16collectors' phone numbers.
17    (f) In program years 2012, 2013, and 2014, and at its
18discretion thereafter, the Agency shall convene and host an
19Electronic Products Recycling Conference. The Agency may host
20the conferences alone or with other public entities or with
21organizations associated with electronic products recycling.
22    (g) No later than October 1 of each program year, the
23Agency must post on its website the following information for
24the next program year:
25        (1) The overall statewide recycling and reuse goal for
26    CEDs, as well as the sub-goals for televisions, and

 

 

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1    computers, computer monitors, and printers as set forth in
2    Section 15.
3        (2) The market shares of television manufacturers and
4    the return shares of computer, computer monitor, and
5    printer manufacturers, as set forth in Section 18. , and
6        (3) The individual recycling and reuse goals for each
7    manufacturer, as set forth in Section 19.
8        (4) The individual recycling and reuse goals for each
9    manufacturer, as set forth in subsection (c) of Section 15.
10        (5) The total statewide recycling goal for that program
11    year, as determined by adding together each individual
12    manufacturer's goal for that year.
13    (h) By April 1, 2011, and by April 1 of all subsequent
14years, the Agency shall recognize those manufacturers that have
15met or exceeded their recycling or reuse goals for the previous
16program year. Such recognition shall be the awarding to all
17such manufacturers of an Electronic Industry Recycling Award,
18which shall be recognized on the Agency website and other media
19as appropriate.
20    (i) By March 1, 2011, and by March 1 of each subsequent
21year, the Agency shall post on its website a list of registered
22manufacturers that have not met their annual recycling and
23reuse goal for the previous program year.
24    (j) By July 1, 2012, the Agency shall solicit written
25comments regarding all aspects of the program codified in this
26Act, for the purpose of determining if the program requires any

 

 

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1modifications.
2        (1) Issues to be reviewed by the Agency are, but not
3    limited to, the following:
4            (A) Sufficiency of the annual statewide recycling
5        goals.
6            (B) Fairness of the formulas used to determine
7        individual manufacturer goals.
8            (C) Adequacy of, or the need for, continuation of
9        the credits outlined in Section 30(d)(1) through (3).
10            (D) Any temporary recissions of county landfill
11        bans granted by the Illinois Pollution Control Board
12        pursuant to Section 95(e).
13            (E) Adequacy of, or the need for, the penalties
14        listed in Section 80 of this Act, which are scheduled
15        to take effect on January 1, 2013.
16            (F) Adequacy of the collection systems that have
17        been implemented as a result of this Act, with a
18        particular focus on promoting the most cost-effective
19        and convenient collection system possible for Illinois
20        residents.
21        (2) By July 1, 2012, the Agency shall complete its
22    review of the written comments received, as well as its own
23    reports on program years 2010 and 2011. By August 1, 2012,
24    the Agency shall hold a public hearing to present its
25    findings and solicit additional comments. All additional
26    comments shall be submitted to the Agency in writing no

 

 

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1    later than October 1, 2012.
2        (3) The Agency's final report, which shall be issued no
3    later than February 1, 2013, shall be submitted to the
4    Governor and the General Assembly and shall include
5    specific recommendations for any necessary or appropriate
6    modifications to the program.
7    (k) Any violation of this Act shall be enforceable by
8administrative citation. Whenever the Agency personnel or
9personnel of a unit of local government to which the Agency has
10delegated the authority to monitor compliance with this Act
11shall on the basis of direct observation determine that any
12person has violated any provision of this Act, the Agency or
13unit of local government may issue and serve an administrative
14citation upon that person or the entity employing the person
15within 60 days after the observed violation. Each citation
16shall be served upon the person named therein or the person's
17authorized agent for service of process and shall include the
18following:
19        (1) a statement specifying the provisions of this Act
20    that the person or the entity employing the person has
21    violated;
22        (2) a copy of the inspection report in which the Agency
23    or local government recorded the violation and the date and
24    time of the inspection;
25        (3) the penalty imposed under Section 80; and
26        (4) an affidavit by the personnel observing the

 

 

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1    violation, attesting to their material actions and
2    observations.
3    (l) If the person named in the administrative citation
4fails to petition the Pollution Control Board for review within
535 days after the date of service, the Board shall adopt a
6final order, which shall include the administrative citation
7and findings of violation as alleged in the citation and shall
8impose the penalty specified in Section 80.
9    (m) If a petition for review is filed with the Board to
10contest an administrative citation issued under Section 80 of
11this Act, the Agency or unit of local government shall appear
12as a complainant at a hearing before the Board to be conducted
13pursuant to subsection (n) of this Section at a time not less
14than 21 days after notice of the hearing has been sent by the
15Board to the Agency or unit of local government and the person
16named in the citation. In such hearings, the burden of proof
17shall be on the Agency or unit of local government. If, based
18on the record, the Board finds that the alleged violation
19occurred, it shall adopt a final order, which shall include the
20administrative citation and findings of violation as alleged in
21the citation, and shall impose the penalty specified in Section
2280 of this Act. However, if the Board finds that the person
23appealing the citation has shown that the violation resulted
24from uncontrollable circumstances, the Board shall adopt a
25final order that makes no finding of violation and imposes no
26penalty.

 

 

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1    (n) All hearings under this Act shall be held before a
2qualified hearing officer, who may be attended by one or more
3members of the Board, designated by the Chairman. All such
4hearings shall be open to the public, and any person may submit
5written statements to the Board in connection with the subject
6thereof. In addition, the Board may permit any person to offer
7oral testimony. Any party to a hearing under this subsection
8may be represented by counsel, make oral or written argument,
9offer testimony, cross examine witnesses, or take any
10combination of those actions. All testimony taken before the
11Board shall be recorded stenographically. The transcript so
12recorded and any additional matter accepted for the record
13shall be open to public inspection, and copies thereof shall be
14made available to any person upon payment of the actual cost of
15reproducing the original.
16(Source: P.A. 95-959, eff. 9-17-08; 96-328, eff. 8-11-09.)
 
17    (415 ILCS 150/30)
18    Sec. 30. Manufacturer responsibilities.
19    (a) Prior to April 1, 2009 for the first program year, and
20by October 1 for program year 2011 and thereafter,
21manufacturers who offer whose computers, computer monitors,
22printers, or televisions for sale are sold in this State must
23register with the Agency. The registration must be submitted in
24the form and manner required by the Agency. The registration
25must include, without limitation, all of the following:

 

 

09700HB3424ham001- 21 -LRB097 07437 JDS 51990 a

1        (1) a list of all of the manufacturer's brands of
2    computers, computer monitors, printers, or televisions to
3    be offered for sale in the next program year;
4        (2) for manufacturers of both televisions and
5    computers, computer monitors, or printers, an
6    identification of whether, for residential use, (i)
7    televisions or (ii) computers, computer monitors, and
8    printers, represent the larger number of units sold for the
9    manufacturer; and
10        (3) a statement disclosing whether: (A) any computer,
11    computer monitor, printer, or television sold in this State
12    exceeds the maximum concentration values established for
13    lead, mercury, cadmium, hexavalent chromium,
14    polybrominated biphenyls (PBBs), and polybrominated
15    diphenyl ethers (PBDEEs) under the RoHS (restricting the
16    use of certain hazardous substances in electrical and
17    electronic equipment) Directive 2002/95/EC of the European
18    Parliament and Council and any amendments thereto and, if
19    so, an identification of that computer, computer monitor,
20    printer, or television; or (B) the manufacturer has
21    received an exemption from one or more of those maximum
22    concentration values under the RoHS Directive that has been
23    approved and published by the European Commission.
24    If, during the program year, a manufacturer's computer,
25computer monitor, printer, or television is sold or offered for
26sale in Illinois under a new brand that is not listed in the

 

 

09700HB3424ham001- 22 -LRB097 07437 JDS 51990 a

1manufacturer's registration, then, within 30 days after the
2first sale or offer for sale under the new brand, the
3manufacturer must amend its registration to add the new brand.
4    (b) Prior to July 1, 2009 for the first program year, and
5by the November 1 preceding program years 2011 and later, all
6manufacturers whose computers, computer monitors, printers, or
7televisions are offered for sale sold in the State shall submit
8to the Agency, at an address prescribed by the Agency, the
9registration fee for the next program year. The registration
10fee for program years year 2010 and 2011 is $5,000. In program
11year 2012, if, during the preceding program year, a
12manufacturer sold 250 or fewer computers, computer monitors,
13printers, and televisions in the State, then the registration
14fee for that manufacturer is $1,250. In each program year after
152012, if, in the preceding program year, a manufacturer sold
16250 or fewer computers, computer monitors, printers, and
17televisions in the State, then the registration fee for that
18manufacturer in that year is the fee that applied in the
19previous year to manufacturers that sold that number of items,
20increased by the applicable inflation factor as described
21below. In program year 2012, if, during the preceding program
22year, a manufacturer sold 251 or more computers, computer
23monitors, printers, and televisions in the State, then the
24registration fee for that manufacturer in that year is $5,000.
25In each program year after 2012, if, in the preceding program
26year, a manufacturer sold 251 or more computers, computer

 

 

09700HB3424ham001- 23 -LRB097 07437 JDS 51990 a

1monitors, printers, and televisions in the State, then the
2registration fee for that manufacturer in that year is the fee
3that applied in the previous year to manufacturers that sold
4that number of items, increased by the applicable inflation
5factor as described below. For program years 2013 2011 and
6later, the applicable registration fee is increased each year
7by an inflation factor determined by the annual Implicit Price
8Deflator for Gross National Product, as published by the U.S.
9Department of Commerce in its Survey of Current Business. The
10inflation factor must be calculated each year by dividing the
11latest published annual Implicit Price Deflator for Gross
12National Product by the annual Implicit Price Deflator for
13Gross National Product for the previous year. The inflation
14factor must be rounded to the nearest 1/100th, and the
15resulting registration fee must be rounded to the nearest whole
16dollar. No later than October 1 of each program year, the
17Agency shall post on its website the registration fee for the
18next program year.
19    (c) A manufacturer whose computers, computer monitors,
20printers, or televisions are first sold or offered for sale in
21this State on or after January 1 of a program year must
22register with the Agency within 30 days after the first sale in
23accordance with subsection (a) of this Section and submit the
24registration fee required under subsection (b) of this Section
25prior to the manufacturer's computers, computer monitors,
26printers, or televisions being sold or offered for sale.

 

 

09700HB3424ham001- 24 -LRB097 07437 JDS 51990 a

1    (d) Each manufacturer shall recycle or process for reuse
2CEDs and EEDs whose total weight equals or exceeds the
3manufacturer's individual recycling and reuse goal set forth in
4Section 19 of this Act. Individual consumers may not be charged
5an end-of-life fee when bringing their CEDs and EEDs to
6permanent or temporary collection locations, unless a
7financial incentive of equal or greater value, such as a
8coupon, is provided. Individual consumers shall not be charged
9a fee for the destruction or sanitization of data on hard
10drives and other data storage devices. Collectors may charge a
11fee for premium services such as curbside collection, home
12pick-up, or a similar method of collection.
13    When determining whether a manufacturer has met or exceeded
14its individual recycling and reuse goal set forth in Section 19
15of this Act, all of the following adjustments must be made:
16        (1) The total weight of CEDs processed for reuse by the
17    manufacturer, its recyclers, or its refurbishers for reuse
18    is quadrupled doubled.
19        (2) The total weight of CEDs is quadrupled tripled if
20    they are donated for reuse by the manufacturer to a primary
21    or secondary public education institution the majority of
22    whose students are considered low income or
23    developmentally disabled or to a not-for-profit entity
24    that is established under Section 501(c)(3) of the Internal
25    Revenue Code of 1986 and whose principal mission is to
26    assist low-income children or families or to assist the

 

 

09700HB3424ham001- 25 -LRB097 07437 JDS 51990 a

1    developmentally disabled in Illinois. This subsection
2    applies only to CEDs for which the manufacturer has
3    received a written confirmation that the recipient has
4    accepted the donation. Copies of all written confirmations
5    must be submitted in the annual report required under
6    Section 30.
7        (3) The total weight of CEDs collected by manufacturers
8    free of charge in underserved counties is doubled. This
9    subsection applies only to CEDs that are documented by
10    collectors as being collected or received free of charge in
11    underserved counties. This documentation must include,
12    without limitation, the date and location of collection or
13    receipt, the weight of the CEDs collected or received, and
14    an acknowledgement by the collector that the CEDs were
15    collected or received free of charge. Copies of the
16    documentation must be submitted in the annual report
17    required under subsection (h), (i), (j), (k), or (l) of
18    Section 30.
19        (4) The total weight of CEDs will be tripled if they
20    are collected, recycled, or refurbished for a manufacturer
21    by a not-for-profit entity the majority of whose employees
22    are developmentally disabled. A manufacturer that uses a
23    not-for-profit recycler or refurbisher the majority of
24    whose employees are developmentally disabled shall submit
25    documentation in the annual report required under Section
26    30 identifying the name, location, and length of service of

 

 

09700HB3424ham001- 26 -LRB097 07437 JDS 51990 a

1    the entity that qualifies for credit under this subsection.
2    (e) Manufacturers of computers, computer monitors, or
3printers, either individually or collectively, shall hire an
4independent third-party auditor to perform statistically
5significant return share samples of CEDs received by recyclers
6and refurbishers for recycling or processing for reuse. Each
7third-party auditor shall perform a return share sample of CEDs
8for at least one 8-hour period, once a quarter during the
9program year at the facility of each registered recycler and
10refurbisher under contract with the manufacturer or group of
11manufacturers that has hired the auditor. The audit shall
12contain the following data:
13        (1) the number and weight of CEDs, sorted by brand name
14    and product type, including a category for orphan CEDs;
15        (2) the total weight of the sample by product type;
16        (3) the date, location, and time of the sampling;
17        (4) the name or names of the manufacturer for whom the
18    recycler is performing activities under this Act; and
19        (5) a certification by the third-party auditor that the
20    sampling is statistically significant and, if not, an
21    explanation as to what occurred to render the sampling
22    insignificant.
23    The manufacturer shall notify the Agency 30 days prior to
24the third-party auditor's return share sampling by providing
25the Agency with the time and date on which the third-party
26auditor will perform the return share sample. The Agency may,

 

 

09700HB3424ham001- 27 -LRB097 07437 JDS 51990 a

1at its discretion, be present at any sampling event and may
2audit the methodology and the results of the third-party
3auditor.
4    No less than 30 days after the close of each calendar
5quarter, the manufacturer shall submit to the Agency the
6results of the third-party samplings conducted during the
7quarter. The results shall be submitted in the form and manner
8required by the Agency.
9    (f) Manufacturers shall ensure that only recyclers and
10refurbishers that have registered with the Agency are used to
11meet the individual recycling and reuse goals set forth in this
12Act.
13    (g) Manufacturers shall ensure that the recyclers and
14refurbishers used to meet the individual recycling and reuse
15goals set forth in this Act shall, at a minimum, comply with
16the standards set forth under subsection (d) of Section 50 of
17this Act. By November 1, 2011 and every November 1 thereafter,
18manufacturers shall submit a document, as prescribed by the
19Agency, listing each registered recycler and refurbisher that
20will be used to meet the manufacturer's annual CED recycling
21and reuse goal and certifying that those recyclers or
22refurbishers comply with the standards set forth in subsection
23(d) of Section 50.
24    (h) By August 15, 2009, television manufacturers shall
25submit to the Agency, in the form and manner required by the
26Agency, a report that contains the total weight of televisions

 

 

09700HB3424ham001- 28 -LRB097 07437 JDS 51990 a

1sold under each of the manufacturer's brands to individuals at
2retail in this State, as set forth in the reports to
3manufacturers by retailers under subsection (c) of Section 40.
4    (i) No later than September 1, 2010, television
5manufacturers must submit to the Agency, in the form and manner
6required by the Agency, a report for the period January 1, 2010
7through June 30, 2010 that contains both of the following:
8        (1) The total weight of televisions sold under each of
9    the manufacturer's brands to individuals at retail in this
10    State, from one of the following 2 sources, with the
11    manufacturer indicating in the report which of the 2 data
12    sources was used, and, if a national sales data report was
13    used, the name of the national sales data source:
14            (A) the manufacturer's own sales reports; or
15            (B) national sales data reports obtained by the
16        manufacturer and pro-rated to Illinois by multiplying
17        the weight of the manufacturer's televisions sold
18        nationally by the quotient that results from dividing
19        the population of Illinois by the population of the
20        United States. The population of Illinois and the
21        United States shall be obtained using the most recent
22        U.S. census data.
23        (2) The total weight of computers, the total weight of
24    computer monitors, the total weight of printers, the total
25    weight of televisions, and the total weight of EEDs
26    recycled or processed for reuse.

 

 

09700HB3424ham001- 29 -LRB097 07437 JDS 51990 a

1    (j) By August 15, 2010, computer, computer monitor, and
2printer manufacturers shall submit to the Agency, on forms and
3in a format prescribed by the Agency, a report for the period
4January 1, 2010 through June 30, 2010 that contains the total
5weight of computers, the total weight of computer monitors, the
6total weight of printers, the total weight of televisions, and
7the total weight of EEDs, recycled or processed for reuse.
8    (k) No later than April 1 of program years 2011 and
9thereafter, television manufacturers shall submit to the
10Agency, in the form and manner required by the Agency, a report
11that contains all of the following information for the previous
12program year:
13        (1) The total weight of televisions sold under each of
14    the manufacturer's brands to individuals at retail in this
15    State, from one of the following 2 sources, with the
16    manufacturer indicating in the report which of the two data
17    sources was used, and, if a national sales data report was
18    used, the name of the national sales data source:
19            (a) the manufacturer's own sales reports; or
20            (b) national sales data reports obtained by the
21        manufacturer and pro-rated to Illinois by multiplying
22        the weight of the manufacturer's televisions sold
23        nationally by the quotient that results from dividing
24        the population of Illinois by the population of the
25        United States. The population of Illinois and the
26        United States shall be obtained using the most recent

 

 

09700HB3424ham001- 30 -LRB097 07437 JDS 51990 a

1        U.S. census data.
2        (2) The total weight of computers, the total weight of
3    computer monitors, the total weight of printers, the total
4    weight of televisions, and the total weight of EEDs
5    recycled or processed for reuse.
6        (3) The identification of all weights that are adjusted
7    under subsection (d) of this Section. For all weights
8    adjusted under item (2) of subsection (d), the manufacturer
9    must include copies of the written confirmation required
10    under that subsection.
11        (4) A list of each recycler, refurbisher, and collector
12    used by the manufacturer to fulfill the manufacturer's
13    individual recycling and reuse goal set forth in Section 19
14    of this Act.
15        (5) A summary of the manufacturer's consumer education
16    program required under subsection (m) of this Section.
17    (l) On or before January 31, 2013 and on or before every
18January 31 No later than April 1 of program years 2011 and
19thereafter, computer, computer monitor, and printer, and
20television manufacturers shall submit to the Agency, on forms
21and in a format prescribed by the Agency, a report that
22contains all of the following information for the previous
23program year:
24        (1) The the total weight of computers, the total weight
25    of computer monitors, the total weight of printers, the
26    total weight of televisions, and the total weight of EEDs

 

 

09700HB3424ham001- 31 -LRB097 07437 JDS 51990 a

1    recycled or processed for reuse. ;
2        (2) The the identification of all weights that are
3    adjusted under subsection (d) of this Section. For all
4    weights adjusted under item (2) of subsection (d), the
5    manufacturer must include copies of the written
6    confirmation required under that subsection. ;
7        (3) A a list of each recycler, refurbisher, and
8    collector used by the manufacturer to fulfill the
9    manufacturer's individual recycling and reuse goal set
10    forth in subsection (c) of Section 15 of this Act. ; and
11        (4) A a summary of the manufacturer's consumer
12    education program required under subsection (m) of this
13    Section.
14    (m) Manufacturers must develop and maintain a consumer
15education program that complements and corresponds to the
16primary retailer-driven campaign required under Section 40 of
17this Act. The education program shall promote the recycling of
18electronic products and proper end-of-life management of the
19products by consumers.
20    (n) Beginning January 1 2010, no manufacturer may sell a
21computer, computer monitor, printer, or television in this
22State unless the manufacturer is registered with the State as
23required under this Act, has paid the required registration
24fee, and is otherwise in compliance with the provisions of this
25Act.
26    (o) Beginning January 1, 2010, no manufacturer may sell a

 

 

09700HB3424ham001- 32 -LRB097 07437 JDS 51990 a

1computer, computer monitor, printer, or television in this
2State unless the manufacturer's brand name is permanently
3affixed to, and is readily visible on, the computer, computer
4monitor, printer, or television.
5(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
6    (415 ILCS 150/55)
7    Sec. 55. Collector responsibilities.
8    (a) No later than January 1 of each program year,
9collectors that collect or receive CEDs or EEDs for one or more
10manufacturers, recyclers, or refurbishers shall register with
11the Agency. Registration must be in the form and manner
12required by the Agency and must include, without limitation,
13the address of each location where CEDs or EEDs are received
14and the identification of each location at which the collector
15accepts CEDs or EEDs from a residence.
16    (b) Manufacturers, recyclers, refurbishers also acting as
17collectors shall so indicate on their registration under
18Section 30 or 50 and not register separately as collectors.
19    (c) No later than August 15, 2010, collectors must submit
20to the Agency, on forms and in a format prescribed by the
21Agency, a report for the period from January 1, 2010 through
22June 30, 2010 that contains the following information: the
23total weight of computers, the total weight of computer
24monitors, the total weight of printers, the total weight of
25televisions, and the total weight of EEDs collected or received

 

 

09700HB3424ham001- 33 -LRB097 07437 JDS 51990 a

1for each manufacturer.
2    (d) By January 31 No later than May 1 of each program year,
3collectors must submit to the Agency, on forms and in a format
4prescribed by the Agency, a report that contains the following
5information for the previous program year:
6        (1) The the total weight of computers, the total weight
7    of computer monitors, the total weight of printers, the
8    total weight of televisions, and the total weight of EEDs
9    collected or received for each manufacturer during the
10    previous program year.
11        (2) A a list of each recycler and refurbisher that
12    received CEDs and EEDs from the collector and the total
13    weight each recycler and refurbisher received.
14        (3) The the address of each collector's facility where
15    the CEDs and EEDs were collected or received. Each facility
16    address must include the county in which the facility is
17    located.
18    (e) Collectors may accept no more than 10 CEDs or EEDs at
19one time from individual members of the public and, when
20scheduling collection events, shall provide no fewer than 30
21days' notice to the county waste agency of those events.
22(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
23    (415 ILCS 150/60)
24    Sec. 60. Collection strategy for underserved counties.
25    (a) For program year 2010 and 2011, all counties in this

 

 

09700HB3424ham001- 34 -LRB097 07437 JDS 51990 a

1State except the following are considered underserved:
2Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock,
3Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston,
4Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock
5Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren,
6Will, Williamson, and Winnebago.
7    (b) For program year 2012 and each program year thereafter,
8"underserved counties" means those counties within the State of
9Illinois with a population density of not more than than 190
10persons per square mile, based on the most recent U.S. Census
11data. For program years 2011 and later, underserved counties
12shall be counties in this State that, during the program year 2
13years prior, were not served by a minimum of one collection
14site that (i) accepted all types of CEDs and EEDs and (ii) was
15open for a minimum of 8 hours on at least one day per month of
16that program year. For the purposes of this subsection (b),
172009 shall be considered to have been a program year, and for
18the program year 2012 the determination of whether a county is
19underserved shall be based on the criteria of this subsection
20(b) instead of the county's inclusion in the list set forth in
21subsection (a) of this Section.
22(Source: P.A. 95-959, eff. 9-17-08.)
 
23    (415 ILCS 150/65)
24    Sec. 65. State government procurement.
25    (a) The Department of Central Management Services shall

 

 

09700HB3424ham001- 35 -LRB097 07437 JDS 51990 a

1ensure that all bid specifications and contracts for the
2purchase or lease of desktop computers, laptop or notebook
3computers, and computer monitors, by State agencies under a
4statewide master contract require that the electronic products
5have a Bronze performance tier or higher registration under the
6Electronic Product Environmental Assessment Tool ("EPEAT")
7operated by the Green Electronics Council.
8    (b) The Department of Central Management Services shall
9ensure that bid specifications and contracts for the purchase
10or lease of televisions and printers by State agencies under a
11statewide master contract require that the printers or
12televisions have a Bronze performance tier or higher
13registration under EPEAT if the Department determines that
14there are an adequate number of the televisions or printers
15registered under EPEAT to provide a sufficiently competitive
16bidding environment.
17    (c) This Section applies to bid specifications issued, and
18contracts entered into, on or after January 1, 2010.
19(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".