HB0578ham001 95TH GENERAL ASSEMBLY

Environment & Energy Committee

Filed: 3/7/2007

09500HB0578ham001 LRB095 10115 CMK 32724 a

AMENDMENT TO HOUSE BILL 578

AMENDMENT NO. ______. Amend House Bill 578 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Plastic Bag Recycling Act.

Section 5. Definitions. As used in this Act:

"Consumer" means any person who makes a purchase at retail for any purpose other than resale.

"Distributing plastic bags to consumers" means the act of a retailer giving to a consumer a plastic bag to store or transport goods purchased at retail.

"Plastic bag" means any plastic, latex, or polypropylene bag.

"Purchase at retail" means the acquisition of the ownership of or title to tangible personal property through a sale at retail.

"Retailer" means a person engaged in the business of making sales at retail that owns or controls more than 10,000 square feet of retail space in Lake County.

Section 10. Recycling pilot program in Lake County.

(a) Within 90 days after the first meeting of the Plastic Bag Recycling Task Force created in Section 15 of this Act, the Task Force shall promulgate procedures and guidelines implementing a voluntary plastic bag recycling program for retailers in Lake County. The Environmental Protection Agency shall administer the program under the procedures and guidelines adopted by the Task Force.

Beginning August 1, 2007, retailers, as defined by Section 5 of this Act, participating in the pilot program and distributing plastic bags to consumers free of charge as part of a purchase at retail may:

(1) implement a plastic bag collection program that facilitates the return and recycling of plastic bags distributed to consumers by that retailer;

(2) provide a clearly marked receptacle for the collection of plastic bags that is in a convenient location for that retailer's consumers; and

(3) arrange for the pick-up, transport, and recycling of plastic bags deposited in the collection receptacles by consumers.

(b) In meeting the program guidelines, retailers may work individually or as part of a group.

Section 15. Task force.

(a) Within 90 days after the effective date of this Act, the Plastic Bag Recycling Task Force shall be created and shall conduct a meeting. The Task Force shall consist of one legislator appointed by each of the following: the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives, and one representative from each of the following:

(1) a grocery retailer; this representative shall be selected by a statewide association exclusively representing retailers;

(2) a retail pharmacy; this representative shall be selected by a statewide association exclusively representing retailers;

(3) a general merchandise retailer; this representative shall be selected by a statewide association exclusively representing retailers;

(4) a plastic film recycler;

(5) an entity operating as a recycling operator of material recovery facilities receiving material from Lake County; this entity shall be agreed upon by a representative of the statewide association exclusively representing retailers and a representative of the Solid Waste Agency of Lake County;

(6) a national waste hauler operating in Lake County appointed by a national group representing solid waste management entities;

(7) the Solid Waste Agency of Lake County;

(8) the State Chamber of Commerce;

(9) the Sierra Club of Lake County;

(10) the Chicago Recycling Coalition;

(11) the Illinois Environmental Protection Agency; and

(12) the Lake County Board.

The Task Force shall meet at least twice per year. The Task Force shall choose a chairperson from its membership. The chairperson shall facilitate the meetings of the Task Force.

(b) On or before January 1, 2011, the Task Force, in collaboration with the Environmental Protection Agency, shall compile and submit a report to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives, discussing the following:

(1) enrollment in the program;

(2) costs to the environment, retailers, residents of Lake County;

(3) cost-benefit analysis of the program; and

(4) any burden suffered as a result of the program.

Section 90. Repealer. This Act is repealed June 1, 2011.".