Full Text of SB0102 97th General Assembly
SB0102sam001 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 3/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 102
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 102 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Plastic Bag and Film Recycling Act. | 6 | | Section 5. Findings and purpose. | 7 | | (a) The General Assembly finds all of the following: | 8 | | (1) Senate Bill 303 of the 95th General Assembly, as | 9 | | amended, became law in August of 2007 (effective January 1, | 10 | | 2008) and was referred to as the Plastic Bag Recycling Act | 11 | | (P.A. 095-0268). | 12 | | (2) The Plastic Bag Recycling Act required a Task Force | 13 | | to be assembled to administer a pilot collection program | 14 | | for plastic bags and plastic film within the confines of | 15 | | Lake County, Illinois that would engage retail businesses | 16 | | that operated stores of 10,000 square feet or greater to |
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| 1 | | voluntarily participate in the pilot program, and, in May | 2 | | of 2010, the Task Force submitted a report of the pilot | 3 | | program findings to the Governor and the leadership of the | 4 | | General Assembly. | 5 | | (3) The Task Force findings referred to data contained | 6 | | in the Illinois Commodity Waste Generation and | 7 | | Characterization Study commissioned in 2008 by the | 8 | | Illinois Department of Commerce and Economic Opportunity | 9 | | which indicate that nearly 500,000 tons of plastic film | 10 | | material is generated each year in Illinois that has a | 11 | | potential market value of $100 million; however, 98.5% of | 12 | | this plastic film is landfilled. The Study also found that | 13 | | plastic grocery bags represent only about 15% of all | 14 | | plastic film disposed of in Illinois landfills, which led | 15 | | the Task Force to focus attention on not only the recovery | 16 | | of plastic grocery bags, but also the recovery of plastic | 17 | | film product wrap that is used to package numerous consumer | 18 | | products. | 19 | | (4) The Task Force concluded that the disposal of | 20 | | plastic bags and film represents a tremendous waste of | 21 | | non-renewable resources that can be recycled, but that lack | 22 | | an adequate collection infrastructure, and that | 23 | | participating retailers responded favorably overall to the | 24 | | pilot program and intended to continue collecting plastic | 25 | | bags from their customers with the majority of them | 26 | | indicating that their overall costs to operate the |
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| 1 | | collection program were minimal and were built into daily | 2 | | operational procedures. | 3 | | (5) Markets for plastic bags and film do exist, and, if | 4 | | this material can be successfully diverted from final | 5 | | disposal, it has the potential to conserve a non-renewable | 6 | | resource by reusing it as a feedstock for new plastic bags | 7 | | and plastic lumber, as well as for other beneficial uses. | 8 | | In addition to conserving resources the recycling of | 9 | | plastic bags and film reduces air, land, and water | 10 | | pollution. | 11 | | (6) The 2010 Recycling Economic Information Study | 12 | | Update for Illinois estimates that the plastics industry | 13 | | employs approximately 3,114 people in Illinois, generating | 14 | | an annual payroll of $98,887,000, and, based on this data, | 15 | | it is estimated that a statewide plastic bag and film | 16 | | recycling program would generate over 300 jobs with an | 17 | | estimated payroll of $9,500,000. | 18 | | (7) The plastic bag industry has taken great strides in | 19 | | promoting increased recycling of plastic bags in the State, | 20 | | and this Act recognizes that continued and increased | 21 | | responsibility of industry to support increased plastic | 22 | | bag recycling is in the State's and the public's interests. | 23 | | (8) A consistent and uniform statewide approach to | 24 | | collecting, processing, and recycling plastic bags and | 25 | | film is preferable to legislation enacted by local | 26 | | jurisdictions that may conflict with this Act. |
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| 1 | | (b) The purpose of this Act is to set forth the procedures | 2 | | by which the collection and recycling of plastic bags and film | 3 | | will be accomplished in Illinois. | 4 | | Section 10. Definitions. As used in this Act: | 5 | | "Agency" means the Illinois Environmental Protection | 6 | | Agency. | 7 | | "Consumer" means any person who makes a purchase at retail. | 8 | | "Manufacturer" means a manufacturer of plastic carryout | 9 | | bags used or distributed in Illinois. | 10 | | "Percent post-consumer recycled content" means the | 11 | | percentage of recycled plastic carryout bags, plastic film | 12 | | product wrap, or both, that is present in a new plastic | 13 | | carryout bag following an original use of the bag or wrap by a | 14 | | consumer. | 15 | | "Person" means any individual, partnership, | 16 | | co-partnership, firm, company, corporation, association, joint | 17 | | stock company, trust, estate, political subdivision, State | 18 | | agency, or any other legal entity, or their legal | 19 | | representative, agent, or assigns. | 20 | | "Plastic carryout bag" means any polyethylene bag that is | 21 | | provided to a consumer by a retailer at checkout. | 22 | | "Plastic film product wrap" means a polyethylene wrap used | 23 | | to cover, wrap, or otherwise package consumer goods, such as | 24 | | paper towels, bathroom tissue, cases of sodas, diapers, and | 25 | | other dry goods. |
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| 1 | | "Recycling" means any process by which plastic carryout | 2 | | bags, plastic film product wrap, or both, are collected and | 3 | | processed and returned to the economic mainstream in the form | 4 | | of raw materials or products. "Recycling" does not include | 5 | | energy recovery or energy generation by means of combusting | 6 | | plastic carryout bags and plastic film product wrap, and it | 7 | | does not include any use within the permitted boundaries of a | 8 | | municipal solid waste landfill unit. | 9 | | "Retailer" means a person engaged in the business of making | 10 | | sales at retail that generates occupation or use tax revenue. | 11 | | Section 15. Registration and fee required. | 12 | | (a) Beginning March 15, 2012, each manufacturer shall | 13 | | register with the Agency annually and, at the time of | 14 | | registration, shall pay an annual registration fee of $500 to | 15 | | the Agency. Registrations and registration fees are due by | 16 | | March 15th of the year for which they are submitted and shall | 17 | | remain valid until March 15th of the following year. A | 18 | | manufacturer shall not be considered registered until the | 19 | | Agency receives a complete registration form, the required | 20 | | registration fee, and the recycling plan. Registrations must be | 21 | | submitted on forms and in a format prescribed by the Agency. | 22 | | The Agency shall deposit all registration fees collected under | 23 | | this Section into the Environmental Protection Permit and | 24 | | Inspection Fund. | 25 | | (b) No manufacturer shall sell or offer to sell plastic |
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| 1 | | carryout bags for use or distribution in Illinois unless the | 2 | | manufacturer is registered with the Agency and has paid the | 3 | | required registration fee in accordance with subsection (a) of | 4 | | this Section. | 5 | | Section 20. Manufacturer label required. Beginning March | 6 | | 15, 2012, no manufacturer shall sell or offer to sell plastic | 7 | | carryout bags in Illinois unless the name of the manufacturer | 8 | | is printed on the bag so that the manufacturer's identity is | 9 | | readily identifiable. | 10 | | Section 25. Plastic carryout bag and plastic film product | 11 | | wrap recycling plan. | 12 | | (a) No later than March 15, 2012, each manufacturer shall | 13 | | develop and thereafter maintain a plan for supporting the | 14 | | collection and recycling of carryout plastic bags and plastic | 15 | | film product wrap and shall submit a copy of the plan to the | 16 | | Agency for posting to the Agency's website. Manufacturers may | 17 | | develop and implement the plan individually, or jointly with | 18 | | other manufacturers. The plan shall: | 19 | | (1) describe the recycling program to be implemented | 20 | | throughout the State, including collection locations, | 21 | | events, or both; | 22 | | (2) include a detailed description as to how the plan | 23 | | will be implemented; | 24 | | (3) describe the performance measures that will be used |
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| 1 | | to document collection efforts for plastic carryout bags | 2 | | and plastic film product wrap; | 3 | | (4) include a public education plan on the reuse and | 4 | | recycling of plastic carryout bags and plastic film product | 5 | | wrap; and | 6 | | (5) include the mailing address or email address of the | 7 | | manufacturer for the submission of comments regarding the | 8 | | plan. | 9 | | (b) No later than April 15, 2012 or 30 days after receiving | 10 | | the plan, whichever is later, the Agency shall post the plan on | 11 | | its website. Within 30 days after the plan is posted on the | 12 | | Agency's website, a person may provide written comments to the | 13 | | manufacturer regarding the plan. The manufacturer whose plan is | 14 | | commented on shall respond in writing to the person making the | 15 | | comments within 30 days after receipt of the comments, and may | 16 | | make revisions to the plan if appropriate. If a plan receives | 17 | | no comments within the 30-day comment period it shall be | 18 | | considered final after the comment period ends. If comments are | 19 | | received on a plan it shall be considered final after the | 20 | | comments have been responded to in writing by the manufacturer | 21 | | and a revised plan, if applicable, has been submitted, no later | 22 | | than June 15, 2012, to the Agency for posting on its website no | 23 | | later than July 15, 2012. | 24 | | (c) A manufacturer may prepare a revised plan and submit it | 25 | | to the Agency, for posting on the Agency's website no later | 26 | | than 30 days after receipt by the Agency, in response to |
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| 1 | | changed circumstances or needs. | 2 | | (d) Each manufacturer is responsible for all costs | 3 | | associated with the development and implementation of its plan. | 4 | | (e) By June 1, 2013 and by June 1 of each year thereafter, | 5 | | each manufacturer shall submit a report to the Agency that | 6 | | includes, for the previous calendar year, a description of the | 7 | | manufacturer's collection and recycling program, including, | 8 | | but not limited to, the collection locations for plastic | 9 | | carryout bags and plastic film product wrap, the processing | 10 | | locations for the collected plastic carryout bags and plastic | 11 | | film product wrap, the weight in pounds of plastic carryout | 12 | | bags and plastic film product wrap collected and processed for | 13 | | recycling, the weight in pounds of plastic carryout bags the | 14 | | manufacturer sold for use or distribution in Illinois, and | 15 | | samples of the education materials provided to consumers. | 16 | | Beginning with the annual report due June 1, 2015, the report | 17 | | shall also state the amounts of pre-consumer recycled content | 18 | | and post-consumer recycled content in the plastic carryout bags | 19 | | the manufacturer sold for use or distribution in Illinois. | 20 | | (f) A manufacturer shall conduct and document due diligence | 21 | | assessments of any person with whom the manufacturer contracts | 22 | | or arranges for any one or more of the following: a recycling | 23 | | collection location; collection, processing or transportation | 24 | | of plastic carryout bags or plastic film product wrap; or | 25 | | recycling of plastic carryout bags and plastic film product | 26 | | wrap. |
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| 1 | | (g) A manufacturer may fulfill the requirements of this | 2 | | Section either individually or in participation with other | 3 | | manufacturers.
| 4 | | Section 30. Requirements applicable to retailers. | 5 | | (a) Beginning April 15, 2012, no retailer shall purchase | 6 | | plastic carryout bags for use or distribution in Illinois | 7 | | unless the manufacturer of the bags is registered with the | 8 | | Agency in accordance with Section 15. | 9 | | (b) Beginning April 15, 2012, no retailer shall purchase | 10 | | plastic carryout bags for use or distribution in Illinois | 11 | | unless the bag manufacturer's plan is posted on the Agency's | 12 | | website in accordance with Section 25. | 13 | | (c) Beginning March 15, 2012, no retailer shall purchase | 14 | | plastic carryout bags for use or distribution in Illinois | 15 | | unless the name of the manufacturer is printed on the bag so | 16 | | that the manufacturer's identity is readily identifiable. | 17 | | (d) Beginning March 1, 2015, no retailer shall purchase | 18 | | plastic carryout bags unless the bag is labeled and is | 19 | | compliant with Section 40. | 20 | | Section 35. Responsibilities of the Agency. | 21 | | (a) Beginning April 15, 2012, for the benefit of assisting | 22 | | consumers who wish to find collection locations for recycling | 23 | | plastic bags, the Agency shall post on its website the location | 24 | | of all collection sites identified to the Agency by |
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| 1 | | manufacturers in their plans and annual reports. | 2 | | (b) Beginning April 15, 2012, the Agency shall post on its | 3 | | website the list of manufacturers that are registered in | 4 | | accordance with Section 15. | 5 | | (c) Beginning April 15, 2012, the Agency shall post on its | 6 | | website the list of manufacturers for which the Agency has | 7 | | received a plan in accordance with Section 25. | 8 | | (d) Beginning September 1, 2013, the Agency shall post on | 9 | | its website (i) the list of manufacturers for which the Agency | 10 | | has received an annual report in accordance with Section 25, | 11 | | and (ii) copies of the annual reports within 30 days after | 12 | | receipt. | 13 | | Section 40. Percent recycled content requirements.
| 14 | | (a) Beginning March 1, 2014, no manufacturer shall sell | 15 | | plastic carryout bags for use or distribution in Illinois | 16 | | unless each bag is labeled to identify the percent | 17 | | post-consumer recycled content in the bag. | 18 | | (b) Beginning March 1, 2015, no manufacturer shall sell | 19 | | plastic carryout bags for use or distribution in Illinois | 20 | | unless each bag includes at least 30% total recycled content, | 21 | | of which at least 15% is pre-consumer recycled content and at | 22 | | least 15% is post-consumer recycled content. | 23 | | (c) Beginning with the annual report due in 2015 and | 24 | | annually thereafter, each manufacturer shall include a | 25 | | statement in the annual report submitted pursuant to subsection |
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| 1 | | (e) of Section 25 that it has met the recycled content and | 2 | | labeling requirements of this Section. Each manufacturer shall | 3 | | meet the recycled content requirements of subsection (b) of | 4 | | this Section unless the manufacturer can demonstrate in its | 5 | | annual report that there was not a sufficient quantity of | 6 | | pre-consumer or post-consumer plastic bags and film available | 7 | | to meet the requirements. The Agency may require additional | 8 | | information or documentation, from a manufacturer that informs | 9 | | the Agency that it was unable to meet the recycled content | 10 | | requirement, to determine compliance with this Section.
| 11 | | Section 50. Penalties.
Any manufacturer or retailer who | 12 | | violates any provision of this Act or fails to perform any duty | 13 | | under this Act shall be liable for a civil penalty not to | 14 | | exceed $1,000 and an additional civil penalty not to exceed | 15 | | $100 per day for each day the violation continues. The | 16 | | penalties provided for in this Section may be recovered in a | 17 | | civil action brought in the name of the People of the State of | 18 | | Illinois by the State's Attorney of the county in which the | 19 | | violation occurred or by the Attorney General. Any funds | 20 | | collected under this Section in an action in which the Attorney | 21 | | General has prevailed shall be deposited in the Environmental | 22 | | Protection Trust Fund, to be used in accordance with the | 23 | | provisions of the Environmental Protection Trust Fund Act. | 24 | | Section 55. Report to the General Assembly.
No later than |
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| 1 | | October 1, 2016, the Director of the Agency shall submit a | 2 | | report to the General Assembly describing the results of the | 3 | | plastic carryout bag and plastic film wrap collection and | 4 | | recycling program on a statewide basis. The report shall also | 5 | | contain recommendations regarding whether the program shall be | 6 | | made permanent and any modifications to improve its function | 7 | | and efficiency.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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