HB3424 EngrossedLRB097 07437 JDS 47546 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 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Sections 5, 10, 30, 55, 60, and 65 as
6follows:
 
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.
17        (3) Many obsolete electronic products can be recycled
18    or refurbished for reuse and then returned to the economic
19    mainstream in the form of raw materials or products.
20        (4) Electronic products contain metals, plastics, and
21    leaded glass that have resale value. The reuse of these
22    components conserves natural resources and energy, and the
23    reuse also reduces air and water pollution and greenhouse

 

 

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1    gas emissions.
2        (5) The A management of obsolete residential products
3    is necessary to prioritize place the reuse and recycling of
4    obsolete residential electronic products as the preferred
5    management strategy over incineration and landfill
6    disposal.
7        (6) The 2010 Recycling Economic Information Study
8    Update for Illinois estimates that the total economic
9    impact of recycling and reusing obsolete electronic
10    products resulted in the creation of nearly 8,000 jobs and
11    $622 million in annual receipts. The Illinois Recycling
12    Economic Information Study of 2001 estimates that the total
13    economic impact of establishing statewide recycling and
14    reuse programs for residential electronic products may
15    result in the creation of nearly 4,000 new jobs and $740
16    million in annual receipts.
17        (7) The State-appointed Computer Equipment Disposal
18    and Recycling Commission issued a final report in May 2006
19    recommending legislative, regulatory, or other actions to
20    properly address the recycling and reuse of obsolete
21    residential electronic products.
22    (b) The purpose of this Act is to set forth procedures by
23which the recycling and processing for reuse of covered
24electronic devices will be accomplished in Illinois.
25(Source: P.A. 95-959, eff. 9-17-08.)
 

 

 

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1    (415 ILCS 150/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Agency" means the Environmental Protection Agency.
4    "Cathode-ray tube" means a vacuum tube or picture tube used
5to convert an electronic signal into a visual image, such as a
6television or computer monitor.
7    "Collector" means a person who receives covered electronic
8devices or eligible electronic devices directly from a
9residence for recycling or processing for reuse. "Collector"
10includes, but is not limited to, manufacturers, recyclers, and
11refurbishers who receive CEDs or EEDs directly from the public.
12    "Computer", often referred to as a "personal computer" or
13"PC", means a desktop or notebook computer as further defined
14below and used only in a residence, but does not mean an
15automated typewriter, electronic printer, mobile telephone,
16portable hand-held calculator, portable digital assistant
17(PDA), MP3 player, or other similar device. "Computer" does not
18include computer peripherals, commonly known as cables, mouse,
19or keyboard. "Computer" is further defined as either:
20        (1) "Desktop 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 desktop computer is achieved through
3    a stand-alone keyboard, stand-alone monitor, or other
4    display unit, and a stand-alone mouse or other pointing
5    device, and is designed for a single user. A desktop
6    computer has a main unit that is intended to be
7    persistently located in a single location, often on a desk
8    or on the floor. A desktop computer is not designed for
9    portability and generally utilizes an external monitor,
10    keyboard, and mouse with an external or internal power
11    supply for a power source. Desktop computer does not
12    include an automated typewriter or typesetter; or
13        (2) "Notebook computer", which means an electronic,
14    magnetic, optical, electrochemical, or other high-speed
15    data processing device performing logical, arithmetic, or
16    storage functions for general purpose needs that are met
17    through interaction with a number of software programs
18    contained therein, and that is not designed to exclusively
19    perform a specific type of logical, arithmetic, or storage
20    function or other limited or specialized application.
21    Human interface with a notebook computer is achieved
22    through a keyboard, video display greater than 4 inches in
23    size, and mouse or other pointing device, all of which are
24    contained within the construction of the unit that
25    comprises the notebook computer; supplemental stand-alone
26    interface devices typically can also be attached to the

 

 

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1    notebook computer. Notebook computers can use external,
2    internal, or batteries for a power source. Notebook
3    computer does not include a portable hand-held calculator,
4    or a portable digital assistant or similar specialized
5    device. A notebook computer has an incorporated video
6    display greater than 4 inches in size and can be carried as
7    one unit by an individual. A notebook computer is sometimes
8    referred to as a laptop computer.
9    "Computer monitor" means an electronic device that is a
10cathode-ray tube or flat panel display primarily intended to
11display information from a computer and is used only in a
12residence.
13    "Covered electronic device" or "CED" means any computer,
14computer monitor, television, or printer that is taken out of
15service from a residence in this State regardless of purchase
16location. "Covered electronic device" does not include any of
17the following:
18        (1) an electronic device that is a part of a motor
19    vehicle or any component part of a motor vehicle assembled
20    by or for a vehicle manufacturer or franchised dealer,
21    including replacement parts for use in a motor vehicle;
22        (2) an electronic device that is functionally or
23    physically part of a larger piece of equipment or that is
24    taken out of service from an industrial, commercial
25    (including retail), library checkout, traffic control,
26    kiosk, security (other than household security),

 

 

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1    governmental, agricultural, or medical setting, including
2    but not limited to diagnostic, monitoring, or control
3    equipment; or
4        (3) an electronic device that is contained within a
5    clothes washer, clothes dryer, refrigerator, refrigerator
6    and freezer, microwave oven, conventional oven or range,
7    dishwasher, room air conditioner, dehumidifier, water
8    pump, sump pump, or air purifier.
9To the extent allowed under federal and State laws and
10regulations, a CED that is being collected, recycled, or
11processed for reuse is not considered to be hazardous waste,
12household waste, solid waste, or special waste.
13    "Developmentally disabled", as defined by the Illinois
14Department of Human Services, Division of Developmental
15Disabilities Program Manual, means having mental retardation
16or a related condition. For the purposes of this Act:
17        (1) "Mental retardation" means significantly
18    subaverage general intellectual functioning as well as
19    deficits in adaptive behavior that manifested before age
20    22. A person's general intellectual functioning is
21    significantly subaverage if that person has an
22    intelligence quotient (IQ) of 70 or below on standardized
23    measures of intelligence. This upper limit, however, may be
24    extended upward depending on the reliability of the
25    intelligence test used.
26        (2) "Related condition" means a severe, chronic

 

 

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1    disability that (i) is attributable to cerebral palsy,
2    epilepsy, or any other condition, other than mental
3    illness, (ii) is found to be closely related to mental
4    retardation because the condition results in impairment of
5    general intellectual functioning or adaptive behavior
6    similar to that of a person with mental retardation, and
7    (iii) requires treatment or services similar to those
8    required for persons with mental retardation. means having
9    a severe disability, as defined by the Office of
10    Rehabilitation Services of the Illinois Department of
11    Human Services, that can be expected to result in death or
12    that has lasted, or is expected to last, at least 12 months
13    and that prevents working at a "substantial gainful
14    activity" level.
15    "Dismantling" means the demanufacturing and shredding of a
16CED.
17    "Eligible electronic device" or "EED" means any of the
18following electronic products taken out of service from a
19residence in this State regardless of purchase location: mobile
20telephone; computer cable, mouse, or keyboard; stand-alone
21facsimile machine; MP3 player; portable digital assistant
22(PDA); video game console, video cassette recorder/player,
23digital video disk player, or similar video device; zip drive;
24or scanner. To the extent allowed under federal and state laws
25and regulations, an EED that is being collected, recycled, or
26processed for reuse is not considered to be hazardous waste,

 

 

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1household waste, solid waste, or special waste.
2    "Low income children and families" mean those children and
3families that are subject to the most recent version of the
4United States Department of Health and Human Services Federal
5Poverty Guidelines.
6    "Manufacturer" means a person, or a successor in interest
7to a person, under whose brand or label a CED is or was sold at
8retail. For CEDs sold at retail under a brand or label that is
9licensed from a person who is a mere brand owner and who does
10not sell or produce the CED, the person who produced the CED or
11his or her successor in interest is the manufacturer. For CEDs
12sold that were at retail under the brand or label of both the
13retail seller and the person that produced the CED, the person
14that produced the CED, or his or her successor in interest, is
15the manufacturer. A retail seller of CEDs may elect to be the
16manufacturer of one or more CEDs if the retail seller provides
17written notice to the Agency that it is accepting
18responsibility as the manufacturer of the CED under this Act
19and identifies the CEDs for which it is electing to be the
20manufacturer.
21    "Municipal joint action agency" means a municipal joint
22action agency created under Section 3.2 of the
23Intergovernmental Cooperation Act.
24    "Orphan CEDs" means those CEDs that are returned for
25recycling, or processing for reuse, whose manufacturer cannot
26be identified, or whose manufacturer is no longer conducting

 

 

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1business and has no successor in interest.
2    "Person" means any individual, partnership,
3co-partnership, firm, company, limited liability company,
4corporation, association, joint stock company, trust, estate,
5political subdivision, State agency, or any other legal entity,
6or a legal representative, agent, or assign of that entity.
7    "Printer" means desktop printers, multifunction printer
8copiers, and printer/fax combinations taken out of service from
9a residence that are designed to reside on a work surface, and
10include various print technologies, including without
11limitation laser and LED (electrographic), ink jet, dot matrix,
12thermal, and digital sublimation, and "multi-function" or
13"all-in-one" devices that perform different tasks, including
14without limitation copying, scanning, faxing, and printing.
15Printers do not include floor-standing printers, printers with
16optional floor stand, point of sale (POS) receipt printers,
17household printers such as a calculator with printing
18capabilities or label makers, or non-stand-alone printers that
19are embedded into products that are not CEDs.
20    "Processing for reuse" means any method, technique, or
21process by which CEDs or EEDs that would otherwise be disposed
22of or discarded are instead separated, processed, and returned
23to their original intended purposes or to other useful purposes
24as electronic devices. "Processing for reuse" includes the
25collection and transportation of CEDs or EEDs.
26    "Program Year" means a calendar year. The first program

 

 

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1year is 2010.
2    "Recycler" means a person who engages in the recycling of
3CEDs or EEDs, but does not include telecommunications carriers,
4telecommunications manufacturers, or commercial mobile service
5providers with an existing recycling program.
6    "Recycling" means any method, technique, or process by
7which CEDs or EEDs that would otherwise be disposed of or
8discarded are instead collected, separated, or processed and
9are returned to the economic mainstream in the form of raw
10materials or products. "Recycling" includes the collection,
11transportation, dismantling, and shredding of the CEDs or EEDs.
12    "Refurbisher" means any person who processes CEDs or EEDs
13for reuse, but does not include telecommunications carriers,
14telecommunications manufacturers, or commercial mobile service
15providers with an existing recycling program.
16    "Residence" means a dwelling place or home in which one or
17more individuals live.
18    "Retailer" means a person who sells, rents, or leases,
19through sales outlets, catalogues, or the Internet, computers,
20computer monitors, printers, or televisions at retail to
21individuals in this State. For purposes of this Act, sales to
22individuals at retail are considered to be sales for
23residential use. "Retailer" includes, but is not limited to,
24manufacturers who sell computers, computer monitors, printers,
25or televisions at retail directly to individuals in this State.
26    "Sale" means any retail transfer of title for consideration

 

 

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1of title including, but not limited to, transactions conducted
2through sales outlets, catalogs, or the Internet or any other
3similar electronic means but does not mean financing or
4leasing.
5    "Television" means an electronic device (i) containing a
6cathode-ray tube or flat panel screen the size of which is
7greater than 4 inches when measured diagonally, (ii) that is
8intended to receive video programming via broadcast, cable, or
9satellite transmission or to receive video from surveillance or
10other similar cameras, and (iii) that is used only in a
11residence.
12    "Underserved counties" means those counties so identified
13in Section 60.
14(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
15    (415 ILCS 150/30)
16    Sec. 30. Manufacturer responsibilities.
17    (a) Prior to April 1, 2009 for the first program year, and
18by October 1 for program year 2011 and thereafter,
19manufacturers who offer whose computers, computer monitors,
20printers, or televisions for sale are sold in this State must
21register with the Agency. The registration must be submitted in
22the form and manner required by the Agency. The registration
23must include, without limitation, all of the following:
24        (1) a list of all of the manufacturer's brands of
25    computers, computer monitors, printers, or televisions to

 

 

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1    be offered for sale in the next program year;
2        (2) for manufacturers of both televisions and
3    computers, computer monitors, or printers, an
4    identification of whether, for residential use, (i)
5    televisions or (ii) computers, computer monitors, and
6    printers, represent the larger number of units sold for the
7    manufacturer; and
8        (3) a statement disclosing whether: (A) any computer,
9    computer monitor, printer, or television sold in this State
10    exceeds the maximum concentration values established for
11    lead, mercury, cadmium, hexavalent chromium,
12    polybrominated biphenyls (PBBs), and polybrominated
13    diphenyl ethers (PBDEEs) under the RoHS (restricting the
14    use of certain hazardous substances in electrical and
15    electronic equipment) Directive 2002/95/EC of the European
16    Parliament and Council and any amendments thereto and, if
17    so, an identification of that computer, computer monitor,
18    printer, or television; or (B) the manufacturer has
19    received an exemption from one or more of those maximum
20    concentration values under the RoHS Directive that has been
21    approved and published by the European Commission.
22    If, during the program year, a manufacturer's computer,
23computer monitor, printer, or television is sold or offered for
24sale in Illinois under a new brand that is not listed in the
25manufacturer's registration, then, within 30 days after the
26first sale or offer for sale under the new brand, the

 

 

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1manufacturer must amend its registration to add the new brand.
2    (b) Prior to July 1, 2009 for the first program year, and
3by the November 1 preceding program years 2011 and later, all
4manufacturers whose computers, computer monitors, printers, or
5televisions are offered for sale sold in the State shall submit
6to the Agency, at an address prescribed by the Agency, the
7registration fee for the next program year. The registration
8fee for program years year 2010 and 2011 is $5,000. In program
9year 2012, if, during the preceding program year, a
10manufacturer sold 250 or fewer computers, computer monitors,
11printers, and televisions in the State, then the registration
12fee for that manufacturer is $1,250. In each program year after
132012, if, in the preceding program year, a manufacturer sold
14250 or fewer computers, computer monitors, printers, and
15televisions in the State, then the registration fee for that
16manufacturer in that year is the fee that applied in the
17previous year to manufacturers that sold that number of items,
18increased by the applicable inflation factor as described
19below. In program year 2012, if, during the preceding program
20year, a manufacturer sold 251 or more computers, computer
21monitors, printers, and televisions in the State, then the
22registration fee for that manufacturer in that year is $5,000.
23In each program year after 2012, if, in the preceding program
24year, a manufacturer sold 251 or more computers, computer
25monitors, printers, and televisions in the State, then the
26registration fee for that manufacturer in that year is the fee

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1affixed to, and is readily visible on, the computer, computer
2monitor, printer, or television.
3(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
4    (415 ILCS 150/55)
5    Sec. 55. Collector responsibilities.
6    (a) No later than January 1 of each program year,
7collectors that collect or receive CEDs or EEDs for one or more
8manufacturers, recyclers, or refurbishers shall register with
9the Agency. Registration must be in the form and manner
10required by the Agency and must include, without limitation,
11the address of each location where CEDs or EEDs are received
12and the identification of each location at which the collector
13accepts CEDs or EEDs from a residence.
14    (b) Manufacturers, recyclers, refurbishers also acting as
15collectors shall so indicate on their registration under
16Section 30 or 50 and not register separately as collectors.
17    (c) No later than August 15, 2010, collectors must submit
18to the Agency, on forms and in a format prescribed by the
19Agency, a report for the period from January 1, 2010 through
20June 30, 2010 that contains the following information: the
21total weight of computers, the total weight of computer
22monitors, the total weight of printers, the total weight of
23televisions, and the total weight of EEDs collected or received
24for each manufacturer.
25    (d) By January 31 No later than May 1 of each program year,

 

 

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

 

 

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1Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston,
2Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock
3Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren,
4Will, Williamson, and Winnebago.
5    (b) For program year 2012 and each program year thereafter,
6"underserved counties" means those counties within the State of
7Illinois with a population density of not more than than 190
8persons per square mile, based on the most recent U.S. Census
9data. For program years 2011 and later, underserved counties
10shall be counties in this State that, during the program year 2
11years prior, were not served by a minimum of one collection
12site that (i) accepted all types of CEDs and EEDs and (ii) was
13open for a minimum of 8 hours on at least one day per month of
14that program year. For the purposes of this subsection (b),
152009 shall be considered to have been a program year, and for
16the program year 2012 the determination of whether a county is
17underserved shall be based on the criteria of this subsection
18(b) instead of the county's inclusion in the list set forth in
19subsection (a) of this Section.
20(Source: P.A. 95-959, eff. 9-17-08.)
 
21    (415 ILCS 150/65)
22    Sec. 65. State government procurement.
23    (a) The Department of Central Management Services shall
24ensure that all bid specifications and contracts for the
25purchase or lease of desktop computers, laptop or notebook

 

 

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