Full Text of SB1705 98th General Assembly
SB1705sam001 98TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 3/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 1705
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1705 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Paint | 5 | | Stewardship Act. | 6 | | Section 5. Definitions. | 7 | | "Agency" means the Illinois Environmental Protection | 8 | | Agency. | 9 | | "Architectural paint" means interior and exterior | 10 | | architectural coatings sold in containers of 5 gallons or less. | 11 | | "Architectural paint" does not include adhesives and coatings | 12 | | recommended by the manufacturer or importer solely for shop | 13 | | applications or solely for application to non-stationary | 14 | | objects, such as airplanes, ships, boats, automobiles, | 15 | | railcars, equipment, and machinery. "Architectural paint" does | 16 | | not include any coating not considered an architectural paint |
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| 1 | | under the USEPA's Architectural and Industrial Maintenance | 2 | | Coatings Rule. | 3 | | "Director" means the Director of the Illinois | 4 | | Environmental Protection Agency. | 5 | | "Distributor" means a company that has a contractual | 6 | | relationship with one or more producers to market and sell | 7 | | architectural paint to retailers in this State. | 8 | | "Environmentally sound management practices" means | 9 | | procedures for the collection, storage, transportation, reuse, | 10 | | recycling, and disposal of architectural paint, to be | 11 | | implemented by the representative organization or that | 12 | | organization's contracted partners to ensure (i) compliance | 13 | | with all applicable federal, State, and local laws, | 14 | | regulations, and ordinances and (ii) the protection of human | 15 | | health and the environment. Environmentally sound management | 16 | | practices include, but are not limited to, record-keeping, the | 17 | | tracking and documenting of the fate of post-consumer paint | 18 | | inside and outside of this State, and environmental liability | 19 | | coverage for professional services and the operations of the | 20 | | contractors working on behalf of the representative | 21 | | organization. | 22 | | "Fund" means the Solid Waste Management Fund. | 23 | | "Industrial maintenance coating" means a high performance | 24 | | architectural coating, including primers, sealers, | 25 | | undercoaters, intermediate coats, and topcoats formulated and | 26 | | recommended for application to substrates and labeled under the |
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| 1 | | USEPA's Architectural and Industrial Maintenance Coatings Rule | 2 | | as, "for industrial use only", "for professional use only", | 3 | | "not for residential use", or "not intended for residential | 4 | | use". | 5 | | "Paint stewardship assessment" means the amount added to | 6 | | the purchase price of architectural paint sold in this State | 7 | | that is necessary to cover the cost of collecting, | 8 | | transporting, and processing post-consumer paint by the | 9 | | representative organization pursuant to the paint stewardship | 10 | | program. | 11 | | "Post-consumer paint" means architectural paint that is | 12 | | not used by a purchaser of architectural paint. | 13 | | "Producer" means a manufacturer of architectural paint who | 14 | | sells, offers for sale, distributes, or contracts to distribute | 15 | | architectural paint in this State. | 16 | | "Recycling, reclamation, or reuse" means a method, | 17 | | technique, or process designed to remove any contaminant from | 18 | | waste to render the waste reusable, or any process by which | 19 | | materials that would otherwise be disposed of or discarded are | 20 | | collected, separated, or processed and returned to the economic | 21 | | mainstream in the form of raw materials or products. | 22 | | "Representative organization" means the nonprofit | 23 | | organization created by producers to implement the paint | 24 | | stewardship program described in Section 10 of this Act. | 25 | | "Retailer" means any person who offers architectural paint | 26 | | for sale at retail in this State. |
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| 1 | | "Sell" or "sale" means any transfer of title for | 2 | | consideration, including, but not limited to, remote sales | 3 | | conducted through sales outlets, catalogues, the Internet, or | 4 | | any other similar electronic means. | 5 | | "Shop application" means that a coating is applied to a | 6 | | product or a component of a product in a factory, shop, or | 7 | | other structure as part of a manufacturing, production, or | 8 | | repairing process. | 9 | | Section 10. Paint stewardship program. | 10 | | (a) On or before March 1, 2015, each producer shall join | 11 | | the representative organization, and the representative | 12 | | organization shall submit a plan for the establishment of the | 13 | | paint stewardship program described in this Section to the | 14 | | Director. The paint stewardship program shall: | 15 | | (1) minimize public sector involvement in the | 16 | | management of post-consumer paint by: (A) reducing the | 17 | | generation of post-consumer paint, (B) promoting the reuse | 18 | | and recycling of post-consumer paint, and (C) negotiating | 19 | | and executing agreements to collect, transport, reuse, | 20 | | recycle, burn for energy recovery, and dispose of | 21 | | post-consumer paint using environmentally sound management | 22 | | practices; | 23 | | (2) provide for convenient and available Statewide | 24 | | collection of post-consumer paint that, at a minimum, | 25 | | provides for collection rates and levels of convenience |
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| 1 | | that are equal to, or greater than, those provided by the | 2 | | collection programs available to consumers before the | 3 | | implementation of the paint stewardship program; | 4 | | (3) propose a paint stewardship assessment; | 5 | | (4) include a funding
mechanism that requires each | 6 | | producer who participates in the representative | 7 | | organization to remit to the representative organization | 8 | | payment of the paint stewardship assessment for each | 9 | | container of architectural paint the producer sells in this | 10 | | State; | 11 | | (5) describe how the program provides for reasonably | 12 | | convenient and available Statewide collection of leftover | 13 | | paint from covered entities in urban and rural areas of the | 14 | | State, including island communities; and | 15 | | (6) use geographic information modeling to determine | 16 | | the number and distribution of collection sites for the | 17 | | following criteria: 90% of Illinois residents shall have a | 18 | | permanent collection site within 15 miles by road; and one | 19 | | additional permanent site shall be established for every | 20 | | 30,000 residents of a population center distributed to | 21 | | provide convenient access in high traffic areas. | 22 | | The representative organization shall maintain a Statewide | 23 | | list of producers and post up to date collection locations on | 24 | | its website. | 25 | | (b) The plan shall identify each producer participating in | 26 | | the paint stewardship program and the brands of architectural |
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| 1 | | paint sold in this State covered by the program, and it shall | 2 | | address the coordination of the paint stewardship program with | 3 | | existing household hazardous waste collection infrastructure, | 4 | | as much as is reasonably feasible and mutually agreeable. | 5 | | (c) Not later than 3 months after submission of the plan, | 6 | | the Director shall determine whether the plan satisfies the | 7 | | requirements of this Act. | 8 | | (d) Not later than 3 months after the date the plan is | 9 | | approved pursuant to subsection (c), the representative | 10 | | organization shall implement the paint stewardship program. | 11 | | (e) Any retailer may participate, on a voluntary basis and | 12 | | in accordance with any applicable provision of law or | 13 | | regulation, as a paint collection point. | 14 | | (f) Not later than the implementation date of the paint | 15 | | stewardship program, the Agency shall list the names of | 16 | | participating producers and the brands of architectural paint | 17 | | covered by the paint stewardship program on its website. | 18 | | (g) Upon submission of the paint stewardship plan required | 19 | | by this Section, each representative organization shall pay to | 20 | | the Agency a fee of $10,000, which the Agency shall deposit | 21 | | into the Solid Waste Management Fund. Upon approval of a paint | 22 | | stewardship program, the representative organization shall | 23 | | also pay to the Agency an annual fee of $20,000, which the | 24 | | Agency shall deposit into the Fund. | 25 | | (h) The Agency shall review the paint stewardship program | 26 | | plans it receives for completeness and shall notify the |
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| 1 | | representative organization in writing if a plan is incomplete. | 2 | | Within 30 days after receiving a notification of incompleteness | 3 | | from the Agency, the representative organization shall submit | 4 | | to the Agency a plan that contains all of the required | 5 | | information. A new plan or amendment is required to be | 6 | | submitted to the Department for approval when: | 7 | | (1) there is a change to the amount of the assessment; | 8 | | (2) there is an addition to the products covered under | 9 | | the program; or | 10 | | (3) there is a revision of the product stewardship | 11 | | organization's goals. | 12 | | Section 15. Paint stewardship assessment. | 13 | | (a) On or before March 1, 2015, the representative | 14 | | organization shall propose a uniform paint stewardship | 15 | | assessment for all architectural paint sold in this State. An | 16 | | independent auditor shall review the proposed paint | 17 | | stewardship assessment to ensure that it does not exceed the | 18 | | costs of maintaining the paint stewardship program, and the | 19 | | auditor shall recommend an amount for the paint stewardship | 20 | | assessment to the Agency. | 21 | | (b) On and after the date of implementation of the paint | 22 | | stewardship program, the paint stewardship assessment shall be | 23 | | added to the cost of all architectural paint sold to retailers | 24 | | and distributors in this State by each producer. On and after | 25 | | the implementation date, each retailer or distributor, as |
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| 1 | | applicable, shall add the amount of the paint stewardship | 2 | | assessment to the purchase price of all architectural paint | 3 | | sold in this State. | 4 | | Section 20. State-action antitrust exemption. Each | 5 | | producer and the representative organization shall be immune | 6 | | from liability for any claim of a violation of antitrust law or | 7 | | unfair trade practice if the conduct is a violation of | 8 | | antitrust law, to the extent the producer or representative | 9 | | organization is exercising authority pursuant to the | 10 | | provisions of this Act. | 11 | | Section 25. Enforcement. | 12 | | (a) On and after the implementation date of the paint | 13 | | stewardship program, no producer, distributor, or retailer | 14 | | shall sell or offer for sale architectural paint to any person | 15 | | in this State if the producer of the architectural paint is not | 16 | | a member of the representative organization. | 17 | | (b) No retailer or distributor shall be found to be in | 18 | | violation of the provisions of subsection (a) if, on the date | 19 | | the architectural paint was ordered from the producer or its | 20 | | agent, the producer or the subject brand of architectural paint | 21 | | was listed on the Agency's website in accordance with the | 22 | | provisions of subsection (f) of Section 10. | 23 | | (c) The Attorney General or State's Attorney may request, | 24 | | and the Court may impose, after providing notice and |
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| 1 | | opportunity to be heard, a civil penalty in the amount of $500 | 2 | | a day against any person who violates the terms of this Act. | 3 | | (d) Nothing in this Act prohibits a retailer or distributor | 4 | | from selling their inventory of architectural paint existing on | 5 | | the effective date of this Act. | 6 | | (e) The penalties provided for in this Section may be | 7 | | recovered in a civil action brought in the name of the people | 8 | | of the State of Illinois by the State's Attorney of the county | 9 | | in which the violation occurred or by the Attorney General. Any | 10 | | funds collected under this Section in an action in which the | 11 | | Attorney General has prevailed shall be deposited in the | 12 | | Environmental Protection Trust Fund, to be used in accordance | 13 | | with the provisions of the Environmental Trust Fund Act. | 14 | | Section 30. Consumer education. Producers or the | 15 | | representative organization shall provide consumers with | 16 | | educational materials regarding the paint stewardship | 17 | | assessment and paint stewardship program. Those materials | 18 | | shall include, but not be limited to, information regarding | 19 | | available end-of-life management options for architectural | 20 | | paint offered through the paint stewardship program and | 21 | | information that notifies consumers that a charge for the | 22 | | operation of the paint stewardship
program is included in the | 23 | | purchase price of all architectural paint sold in this State. | 24 | | Section 35. Report to the Environmental Protection Agency. |
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| 1 | | On or before October 15, 2016, and annually thereafter, the | 2 | | representative organization shall submit a report to the | 3 | | Director that details the paint stewardship program. The report | 4 | | shall include, but not be limited to: (1) a description of the | 5 | | methods used to collect, transport, and process post-consumer | 6 | | paint in this State; (2) the volume of post-consumer paint | 7 | | collected in this State; (3) the volume and type of | 8 | | post-consumer paint collected in this State by method of | 9 | | disposition, including reuse, recycling, and other methods of | 10 | | processing; (4) the total cost of implementing the program, as | 11 | | determined by an independent financial audit, as performed by | 12 | | the independent auditor; (5) samples of educational materials | 13 | | provided to consumers of architectural paint and an evaluation | 14 | | of the methods used to disseminate those materials; and (6) a | 15 | | list of collection locations. The Agency may post copies of the | 16 | | plan and annual reports on its website.
| 17 | | Section 99. Effective date. This Act takes effect January | 18 | | 1, 2015.".
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