Illinois General Assembly - Full Text of SB0303
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Full Text of SB0303  95th General Assembly

SB0303 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0303

 

Introduced 2/7/2007, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.23c new

    Amends the Environmental Protection Act. Creates the Plastic Carryout Bag Recycling Program. Requires retailers that distribute plastic carryout bags to consumers to implement a plastic carryout bag collection and recycling program. Sets out plastic carryout bag recycling program requirements. Provides that retailers subject to these provisions shall maintain records detailing the collection, transport, and recycling of plastic carryout bags distributed by the retailer. Provides that any manufacturer of plastic carryout bags shall develop educational marketing materials to encourage the reusing and recycling of plastic carryout bags, and shall make those materials available to retailers.


LRB095 08890 CMK 29077 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0303 LRB095 08890 CMK 29077 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 adding Section 22.23c as follows:
 
6     (415 ILCS 5/22.23c new)
7     Sec. 22.23c. Plastic Carryout Bag Recycling Program.
8     (a) As used in this Section:
9         "Consumer" means any person who makes a purchase at
10     retail for any purpose other than resale.
11         "Distributing plastic carryout bags to consumers"
12     means the act of a retailer giving to a consumer a plastic
13     carryout bag to store or transport goods purchased at
14     retail.
15         "Plastic carryout bag" means any plastic, latex, or
16     polypropylene bag.
17         "Purchase at retail" means the acquisition of the
18     ownership of or title to tangible personal property through
19     a sale at retail.
20         "Retailer" means a person engaged in the business of
21     making sales at retail that owns or controls more than
22     10,000 square feet of retail space that generates
23     occupation or use tax revenue.

 

 

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1         "Reusable bag" means (i) a bag made of cloth or other
2     machine washable fabric that has handles, or (ii) a durable
3     plastic bag with handles that is at least 2.25 mils thick
4     and is specifically designed and manufactured for multiple
5     uses.
6     (b) By July 1, 2008, all retailers distributing plastic
7 carryout bags to consumers as part of a purchase at retail
8 shall:
9         (1) implement a plastic carryout bag collection
10     program that facilitates the return and recycling of
11     plastic carryout bags distributed to consumers;
12         (2) provide a clearly marked receptacle for the
13     collection of plastic carryout bags that is in a convenient
14     location for that retailer's consumers;
15         (3) arrange for the pick-up, transport, and recycling
16     of plastic carryout bags deposited in the collection
17     receptacles by consumers; and
18         (4) make reusable bags available for purchase by
19     consumers, as an alternative to plastic carryout bags.
20     (c) Any plastic carryout bag distributed to consumers must
21 have a message printed on the bag, in a manner clearly visible
22 to the consumer, stating that a collection bin is available at
23 the retail location for the purpose of collecting and recycling
24 plastic carryout bags.
25     (d) Retailers subject to the provisions of this Section
26 shall maintain records detailing the collection, transport,

 

 

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1 and recycling of plastic carryout bags distributed by the
2 retailer. The records must be kept for a minimum of 3 years and
3 must be made available, upon request, to the Environmental
4 Protection Agency or the entity with local jurisdiction over
5 creating a Solid Waste Management Plan pursuant to the Solid
6 Waste Planning and Recycling Act.
7     (e) All manufacturers of plastic carryout bags in this
8 State shall develop educational marketing materials to
9 encourage the reusing and recycling of plastic carryout bags
10 and shall make those materials available to retailers required
11 to comply with this Section.
12