Full Text of HB1439 100th General Assembly
HB1439ham001 100TH GENERAL ASSEMBLY | Rep. Jehan Gordon-Booth Filed: 4/4/2018
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| 1 | | AMENDMENT TO HOUSE BILL 1439
| 2 | | AMENDMENT NO. ______. Amend House Bill 1439 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Electronic Products Recycling and Reuse Act | 5 | | is amended by changing Section 50 as follows: | 6 | | (415 ILCS 150/50) | 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 50. Recycler and refurbisher registration. | 9 | | (a) Prior to January 1 of each program year, through | 10 | | program year 2018, each recycler and refurbisher must register | 11 | | with the Agency and submit a registration fee pursuant to | 12 | | subsection (b) for that program year. Registration must be on | 13 | | forms and in a format prescribed by the Agency and shall | 14 | | include, but not be limited to, the address of each location | 15 | | where the recycler or refurbisher manages CEDs or EEDs and | 16 | | identification of each location at which the recycler or |
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| 1 | | refurbisher accepts CEDs or EEDs from a residence. | 2 | | (b) The registration fee for program year 2010 is $2,000. | 3 | | For program year 2011, if a recycler's or refurbisher's annual | 4 | | combined total weight of CEDs and EEDs is less than 1,000 tons | 5 | | per year, the registration fee shall be $500. For program year | 6 | | 2012 and for all subsequent program years, through program year | 7 | | 2018, both registration fees shall be increased each year by an | 8 | | inflation factor determined by the annual Implicit Price | 9 | | Deflator for Gross National Product as published by the U.S. | 10 | | Department of Commerce in its Survey of Current Business. The | 11 | | inflation factor must be calculated each year by dividing the | 12 | | latest published annual Implicit Price Deflator for Gross | 13 | | National Product by the annual Implicit Price Deflator for | 14 | | Gross National Product for the previous year. The inflation | 15 | | factor must be rounded to the nearest 1/100th, and the | 16 | | resulting registration fee must be rounded to the nearest whole | 17 | | dollar. No later than October 1 of each program year, through | 18 | | October 1, 2017, the Agency shall post on its website the | 19 | | registration fee for the next program year. | 20 | | (c) Through program year 2018, no person may act as a | 21 | | recycler or a refurbisher of CEDs for a manufacturer obligated | 22 | | to meet goals under this Act unless the recycler or refurbisher | 23 | | is registered with the Agency and has paid the registration fee | 24 | | as required under this Section. Beginning in program year 2016, | 25 | | and through program year 2018, all recycling or refurbishing | 26 | | facilities used by collectors of CEDs and EEDs shall be |
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| 1 | | accredited by the Responsible Recycling (R2) Practices or | 2 | | e-Stewards certification programs or any other equivalent | 3 | | certification programs recognized by the United States | 4 | | Environmental Protection Agency. Accreditation is not required | 5 | | for facilities that place cathode ray tube (CRT) glass in | 6 | | storage cells for future retrieval in accordance with | 7 | | subsection (d) of Section 15 of this Act. Manufacturers of CEDs | 8 | | and EEDs shall ensure that recycling or refurbishing facilities | 9 | | used as part of their recovery programs meet this requirement. | 10 | | Any organization that accredits facilities pursuant to this | 11 | | Section is prohibited from penalizing or taking other negative | 12 | | actions against any recycler, refurbisher, or collector of CEDs | 13 | | and EEDs based on the recycler's, refurbisher's, or collector's | 14 | | use of a facility that places CRT glass in storage cells for | 15 | | future retrieval in accordance with subsection (d) of Section | 16 | | 15 of this Act. | 17 | | (c-5) Through program year 2018, a registered recycler or | 18 | | refurbisher of CEDs and EEDs for a manufacturer obligated to | 19 | | meet goals under this Act may not charge individual consumers | 20 | | or units of local government acting as collectors a fee to | 21 | | recycle or refurbish CEDs and EEDs, unless the recycler or | 22 | | refurbisher provides (i) a financial incentive, such as a | 23 | | coupon, that is of greater or equal value to the fee being | 24 | | charged or (ii) premium service, such as curbside collection, | 25 | | home pick-up, or similar methods of collection. Local units of | 26 | | government serving as collectors of CEDs and EEDs shall not |
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| 1 | | charge a manufacturer for collection costs and shall offer the | 2 | | manufacturer or its representative all CEDs and EEDs collected | 3 | | by the local government at no cost. Nothing in this Act | 4 | | requires a local unit of government to serve as a collector. | 5 | | (c-10) Nothing in this Act prohibits any waste hauler from | 6 | | entering into a contractual agreement with a unit of local | 7 | | government to establish a collection program for the recycling | 8 | | or reuse of CEDs or EEDs, including services such as curbside | 9 | | collection, home pick-up, drop-off locations, or similar | 10 | | methods of collection. | 11 | | (d) Through program year 2018, recyclers and refurbishers | 12 | | must, at a minimum, comply with all of the following: | 13 | | (1) Recyclers and refurbishers must comply with | 14 | | federal, State, and local laws and regulations, including | 15 | | federal and State minimum wage laws, specifically relevant | 16 | | to the handling, processing, refurbishing and recycling of | 17 | | residential CEDs and must have proper authorization by all | 18 | | appropriate governing authorities to perform the handling, | 19 | | processing, refurbishment, and recycling. | 20 | | (2) Recyclers and refurbishers must implement the | 21 | | appropriate measures to safeguard occupational and | 22 | | environmental health and safety, through the following: | 23 | | (A) environmental health and safety training of | 24 | | personnel, including training with regard to material | 25 | | and equipment handling, worker exposure, controlling | 26 | | releases, and safety and emergency procedures; |
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| 1 | | (B) an up-to-date, written plan for the | 2 | | identification and management of hazardous materials; | 3 | | and | 4 | | (C) an up-to-date, written plan for reporting and | 5 | | responding to exceptional pollutant releases, | 6 | | including emergencies such as accidents, spills, | 7 | | fires, and explosions. | 8 | | (3) Recyclers and refurbishers must maintain (i) | 9 | | commercial general liability insurance or the equivalent | 10 | | corporate guarantee for accidents and other emergencies | 11 | | with limits of not less than $1,000,000 per occurrence and | 12 | | $1,000,000 aggregate and (ii) pollution legal liability | 13 | | insurance with limits not less than $1,000,000 per | 14 | | occurrence for companies engaged solely in the dismantling | 15 | | activities and $5,000,000 per occurrence for companies | 16 | | engaged in recycling. | 17 | | (4) Recyclers and refurbishers must maintain on file | 18 | | documentation that demonstrates the completion of an | 19 | | environmental health and safety audit completed and | 20 | | certified by a competent internal and external auditor | 21 | | annually. A competent auditor is an individual who, through | 22 | | professional training or work experience, is appropriately | 23 | | qualified to evaluate the environmental health and safety | 24 | | conditions, practices, and procedures of the facility. | 25 | | Documentation of auditors' qualifications must be | 26 | | available for inspection by Agency officials and |
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| 1 | | third-party auditors. | 2 | | (5) Recyclers and refurbishers must maintain on file | 3 | | proof of workers' compensation and employers' liability | 4 | | insurance. | 5 | | (6) Recyclers and refurbishers must provide adequate | 6 | | assurance (such as bonds or corporate guarantee) to cover | 7 | | environmental and other costs of the closure of the | 8 | | recycler or refurbisher's facility, including cleanup of | 9 | | stockpiled equipment and materials. | 10 | | (7) Recyclers and refurbishers must apply due | 11 | | diligence principles to the selection of facilities to | 12 | | which components and materials (such as plastics, metals, | 13 | | and circuit boards) from CEDs and EEDs are sent for reuse | 14 | | and recycling. | 15 | | (8) Recyclers and refurbishers must establish a | 16 | | documented environmental management system that is | 17 | | appropriate in level of detail and documentation to the | 18 | | scale and function of the facility, including documented | 19 | | regular self-audits or inspections of the recycler or | 20 | | refurbisher's environmental compliance at the facility. | 21 | | (9) Recyclers and refurbishers must use the | 22 | | appropriate equipment for the proper processing of | 23 | | incoming materials as well as controlling environmental | 24 | | releases to the environment. The dismantling operations | 25 | | and storage of CED and EED components that contain | 26 | | hazardous substances must be conducted indoors and over |
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| 1 | | impervious floors. Storage areas must be adequate to hold | 2 | | all processed and unprocessed inventory. When heat is used | 3 | | to soften solder and when CED and EED components are | 4 | | shredded, operations must be designed to control indoor and | 5 | | outdoor hazardous air emissions. | 6 | | (10) Recyclers and refurbishers must establish a | 7 | | system for identifying and properly managing components | 8 | | (such as circuit boards, batteries, CRTs, and mercury | 9 | | phosphor lamps) that are removed from CEDs and EEDs during | 10 | | disassembly. Recyclers and refurbishers must properly | 11 | | manage all hazardous and other components requiring | 12 | | special handling from CEDs and EEDs consistent with | 13 | | federal, State, and local laws and regulations. Recyclers | 14 | | and refurbishers must provide visible tracking (such as | 15 | | hazardous waste manifests or bills of lading) of hazardous | 16 | | components and materials from the facility to the | 17 | | destination facilities and documentation (such as | 18 | | contracts) stating how the destination facility processes | 19 | | the materials received. No recycler or refurbisher may | 20 | | send, either directly or through intermediaries, hazardous | 21 | | wastes to solid waste (non-hazardous waste) landfills or to | 22 | | non-hazardous waste incinerators for disposal or energy | 23 | | recovery. For the purpose of these guidelines, smelting of | 24 | | hazardous wastes to recover metals for reuse in conformance | 25 | | with all applicable laws and regulations is not considered | 26 | | disposal or energy recovery. |
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| 1 | | (11) Recyclers and refurbishers must use a regularly | 2 | | implemented and documented monitoring and record-keeping | 3 | | program that tracks inbound CED and EED material weights | 4 | | (total) and subsequent outbound weights (total to each | 5 | | destination), injury and illness rates, and compliance | 6 | | with applicable permit parameters including monitoring of | 7 | | effluents and emissions. Recyclers and refurbishers must | 8 | | maintain contracts or other documents, such as sales | 9 | | receipts, suitable to demonstrate: (i) the reasonable | 10 | | expectation that there is a downstream market or uses for | 11 | | designated electronics (which may include recycling or | 12 | | reclamation processes such as smelting to recover metals | 13 | | for reuse); and (ii) that any residuals from recycling or | 14 | | reclamation processes, or both, are properly handled and | 15 | | managed to maximize reuse and recycling of materials to the | 16 | | extent practical. | 17 | | (12) Recyclers and refurbishers must comply with | 18 | | federal and international law and agreements regarding the | 19 | | export of used products or materials. In the case of | 20 | | exports of CEDs and EEDs, recyclers and refurbishers must | 21 | | comply with applicable requirements of the U.S. and of the | 22 | | import and transit countries and must maintain proper | 23 | | business records documenting its compliance. No recycler | 24 | | or refurbisher may establish or use intermediaries for the | 25 | | purpose of circumventing these U.S. import and transit | 26 | | country requirements. |
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| 1 | | (13) Recyclers and refurbishers that conduct | 2 | | transactions involving the transboundary shipment of used | 3 | | CEDs and EEDs shall use contracts (or the equivalent | 4 | | commercial arrangements) made in advance that detail the | 5 | | quantity and nature of the materials to be shipped. For the | 6 | | export of materials to a foreign country (directly or | 7 | | indirectly through downstream market contractors): (i) the | 8 | | shipment of intact televisions and computer monitors | 9 | | destined for reuse must include only whole products that | 10 | | are tested and certified as being in working order or | 11 | | requiring only minor repair (e.g. not requiring the | 12 | | replacement of circuit boards or CRTs), must be destined | 13 | | for reuse with respect to the original purpose, and the | 14 | | recipient must have verified a market for the sale or | 15 | | donation of such product for reuse; (ii) the shipments of | 16 | | CEDs and EEDs for material recovery must be prepared in a | 17 | | manner for recycling, including, without limitation, | 18 | | smelting where metals will be recovered, plastics recovery | 19 | | and glass-to-glass recycling; or (iii) the shipment of CEDs | 20 | | and EEDs are being exported to companies or facilities that | 21 | | are owned or controlled by the original equipment | 22 | | manufacturer. | 23 | | (14) Recyclers and refurbishers must maintain the | 24 | | following export records for each shipment on file for a | 25 | | minimum of 3 years: (i) the facility name and the address | 26 | | to which shipment is exported; (ii) the shipment contents |
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| 1 | | and volumes; (iii) the intended use of contents by the | 2 | | destination facility; (iv) any specification required by | 3 | | the destination facility in relation to shipment contents; | 4 | | (v) an assurance that all shipments for export, as | 5 | | applicable to the CED manufacturer, are legal and satisfy | 6 | | all applicable laws of the destination country. | 7 | | (15) Recyclers and refurbishers must employ | 8 | | industry-accepted procedures for the destruction or | 9 | | sanitization of data on hard drives and other data storage | 10 | | devices. Acceptable guidelines for the destruction or | 11 | | sanitization of data are contained in the National | 12 | | Institute of Standards and Technology's Guidelines for | 13 | | Media Sanitation or those guidelines certified by the | 14 | | National Association for Information Destruction; | 15 | | (16) No recycler or refurbisher may employ prison labor | 16 | | in any operation related to the collection, | 17 | | transportation, recycling, and refurbishment of CEDs and | 18 | | EEDs. No recycler or refurbisher may employ any third party | 19 | | that uses or subcontracts for the use of prison labor.
| 20 | | (Source: P.A. 99-13, eff. 7-10-15; 100-433, eff. 8-25-17.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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