Full Text of SB1417 100th General Assembly
SB1417 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1417 Introduced 2/9/2017, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
| 415 ILCS 150/30 | | 415 ILCS 150/40 | | 415 ILCS 150/57 new | |
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Amends the Electronic Products Recycling and Reuse Act. Provides that a retailer may collect a fee for each covered electronic device or eligible electronic device collected. Provides that municipalities, townships, and other units of local government that are acting as collectors may collect a fee for each covered electronic device or eligible electronic device collected. Removes provisions providing that individual consumers shall not be charged a fee for bringing covered electronic devices or eligible electronic devices to collection sites. Provides that a retailer shall be considered to have complied with specified provisions prohibiting the sale of computers, computer monitors, printers, or televisions if certain conditions are met. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 Electronic Products Recycling and Reuse Act | 5 | | is amended by changing Sections 30 and 40 and by adding Section | 6 | | 57 as follows: | 7 | | (415 ILCS 150/30) | 8 | | Sec. 30. Manufacturer responsibilities. | 9 | | (a) Prior to April 1, 2009 for the first program year, and | 10 | | by October 1 for program year 2011 and each program year | 11 | | thereafter, manufacturers who sell computers, computer | 12 | | monitors, printers, televisions, electronic keyboards, | 13 | | facsimile machines, videocassette recorders, portable digital | 14 | | music players, digital video disc players, video game consoles, | 15 | | electronic mice, scanners, digital converter boxes, cable | 16 | | receivers, satellite receivers, digital video disc recorders, | 17 | | or small-scale servers in this State must register with the | 18 | | Agency. The registration must be submitted in the form and | 19 | | manner required by the Agency. The registration must include, | 20 | | without limitation, all of the following: | 21 | | (1) a list of all of the manufacturer's brands of | 22 | | computers, computer monitors, printers, televisions, | 23 | | electronic keyboards, facsimile machines, videocassette |
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| 1 | | recorders, portable digital music players, digital video | 2 | | disc players, video game consoles, electronic mice, | 3 | | scanners, digital converter boxes, cable receivers, | 4 | | satellite receivers, digital video disc recorders, and | 5 | | small-scale servers to be offered for sale in the next | 6 | | program year; | 7 | | (2) (blank); and | 8 | | (3) a statement disclosing whether any of the | 9 | | manufacturer's computers, computer monitors, printers, | 10 | | televisions, electronic keyboards, facsimile machines, | 11 | | videocassette recorders, portable digital music players, | 12 | | digital video disc players, video game consoles, | 13 | | electronic mice, scanners, digital converter boxes, cable | 14 | | receivers, satellite receivers, digital video disc | 15 | | recorders, or small-scale servers sold in this State exceed | 16 | | the maximum concentration values established for lead, | 17 | | mercury, cadmium, hexavalent chromium, polybrominated | 18 | | biphenyls (PBBs), and polybrominated diphenyl ethers | 19 | | (PBDEEs) under the RoHS (restricting the use of certain | 20 | | hazardous substances in electrical and electronic | 21 | | equipment) Directive 2002/95/EC of the European Parliament | 22 | | and Council and any amendments thereto and, if so, an | 23 | | identification of the aforementioned electronic device | 24 | | that exceeds the directive. | 25 | | If, during the program year, any of the manufacturer's | 26 | | aforementioned electronic devices are sold or offered for sale |
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| 1 | | in Illinois under a new brand that is not listed in the | 2 | | manufacturer's registration, then, within 30 days after the | 3 | | first sale or offer for sale under the new brand, the | 4 | | manufacturer must amend its registration to add the new brand. | 5 | | (b) Prior to July 1, 2009 for the first program year, and | 6 | | by the November 1 preceding program years 2011 and later, all | 7 | | manufacturers whose computers, computer monitors, printers, | 8 | | televisions, electronic keyboards, facsimile machines, | 9 | | videocassette recorders, portable digital music players, | 10 | | digital video disc players, video game consoles, electronic | 11 | | mice, scanners, digital converter boxes, cable receivers, | 12 | | satellite receivers, digital video disc recorders, or | 13 | | small-scale servers are offered for sale in the State shall | 14 | | submit to the Agency, at an address prescribed by the Agency, | 15 | | the registration fee for the next program year. The | 16 | | registration fee for program year 2010 is $5,000. The | 17 | | registration fee for program year 2011 is $5,000, increased by | 18 | | the applicable inflation factor as described below. In program | 19 | | year 2012, if, in program year 2011, a manufacturer sold 250 or | 20 | | fewer of the aforementioned electronic devices in the State, | 21 | | then the registration fee for that manufacturer is $1,250. In | 22 | | each program year after 2012, if, in the preceding program | 23 | | year, a manufacturer sold 250 or fewer of the aforementioned | 24 | | electronic devices in the State, then the registration fee is | 25 | | the fee that applied in the previous year to manufacturers that | 26 | | sold that number of the aforementioned electronic devices, |
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| 1 | | increased by the applicable inflation factor as described | 2 | | below. In program year 2012, if, in the preceding program year | 3 | | a manufacturer sold 251 or more of the aforementioned | 4 | | electronic devices in the State, then the registration fee for | 5 | | that manufacturer is $5,000. In each program year after 2012, | 6 | | if, in the preceding program year, a manufacturer sold 251 or | 7 | | more of the aforementioned electronic devices in the State, | 8 | | then the registration fee is the fee that applied in the | 9 | | previous year to manufacturers that sold that number of the | 10 | | aforementioned electronic devices, increased by the applicable | 11 | | inflation factor as described below. For program year 2011, | 12 | | program year 2013, and each program year thereafter, the | 13 | | applicable registration fee is increased each year by an | 14 | | inflation factor determined by the annual Implicit Price | 15 | | Deflator for Gross National Product, as published by the U.S. | 16 | | Department of Commerce in its Survey of Current Business. The | 17 | | inflation factor must be calculated each year by dividing the | 18 | | latest published annual Implicit Price Deflator for Gross | 19 | | National Product by the annual Implicit Price Deflator for | 20 | | Gross National Product for the previous year. The inflation | 21 | | factor must be rounded to the nearest 1/100th, and the | 22 | | resulting registration fee must be rounded to the nearest whole | 23 | | dollar. No later than October 1 of each program year, the | 24 | | Agency shall post on its website the registration fee for the | 25 | | next program year. | 26 | | (c) A manufacturer whose computers, computer monitors, |
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| 1 | | printers, televisions, electronic keyboards, facsimile | 2 | | machines, videocassette recorders, portable digital music | 3 | | players, digital video disc players, video game consoles, | 4 | | electronic mice, scanners, digital converter boxes, cable | 5 | | receivers, satellite receivers, digital video disc recorders, | 6 | | or small-scale servers are sold or offered for sale in this | 7 | | State on or after January 1 of a program year must register | 8 | | with the Agency within 30 days after the first sale or offer | 9 | | for sale in accordance with subsection (a) of this Section and | 10 | | submit the registration fee required under subsection (b) of | 11 | | this Section prior to the aforementioned electronic devices | 12 | | being sold or offered for sale. | 13 | | (d) Each manufacturer shall recycle or process for reuse | 14 | | CEDs and EEDs whose total weight equals or exceeds the | 15 | | manufacturer's individual recycling and reuse goal set forth in | 16 | | Section 15 of this Act. Individual consumers shall not be | 17 | | charged a fee when bringing their CEDs and EEDs to collection | 18 | | locations, unless a financial incentive of equal or greater | 19 | | value, such as a coupon, is provided. Collectors may charge a | 20 | | fee for premium services such as curbside collection, home | 21 | | pick-up, or a similar method of collection. | 22 | | When determining whether a manufacturer has met or exceeded | 23 | | its individual recycling and reuse goal set forth in Section 15 | 24 | | of this Act, all of the following adjustments must be made: | 25 | | (1) The total weight of CEDs processed by the | 26 | | manufacturer, its recyclers, or its refurbishers for reuse |
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| 1 | | is doubled. | 2 | | (2) The total weight of CEDs is tripled if they are | 3 | | donated for reuse by the manufacturer to a primary or | 4 | | secondary public education institution the majority of | 5 | | whose students are considered low income or | 6 | | developmentally disabled or to low-income children or | 7 | | families or to assist the developmentally disabled in | 8 | | Illinois. This subsection applies only to CEDs for which | 9 | | the manufacturer has received a written confirmation that | 10 | | the recipient has accepted the donation. Copies of all | 11 | | written confirmations must be submitted in the annual | 12 | | report required under Section 30. | 13 | | (3) The total weight of CEDs collected by manufacturers | 14 | | free of charge in underserved counties is doubled. This | 15 | | subsection applies only to CEDs that are documented by | 16 | | collectors as being collected or received free of charge in | 17 | | underserved counties. This documentation must include, | 18 | | without limitation, the date and location of collection or | 19 | | receipt, the weight of the CEDs collected or received, and | 20 | | an acknowledgement by the collector that the CEDs were | 21 | | collected or received free of charge. Copies of the | 22 | | documentation must be submitted in the annual report | 23 | | required under subsection (h), (i), (j), (k), or (l) of | 24 | | Section 30. | 25 | | (4) If an entity (i) collects, recycles, or refurbishes | 26 | | CEDs for a manufacturer, (ii) qualifies for non-profit |
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| 1 | | status under Section 501(c)(3) of the Internal Revenue Code | 2 | | of 1986, and (iii) at least 75% of its employees are | 3 | | developmentally disabled, then the total weight of CEDs | 4 | | will be tripled. A manufacturer that uses such a recycler | 5 | | or refurbisher shall submit documentation in the annual | 6 | | report required under Section 30 identifying the name, | 7 | | location, and length of service of the entity that | 8 | | qualifies for credit under this subsection. | 9 | | (e) (Blank). | 10 | | (f) Manufacturers shall ensure that only recyclers and | 11 | | refurbishers that have registered with the Agency are used to | 12 | | meet the individual recycling and reuse goals set forth in this | 13 | | Act. | 14 | | (g) Manufacturers shall ensure that the recyclers and | 15 | | refurbishers used to meet the individual recycling and reuse | 16 | | goals set forth in this Act shall, at a minimum, comply with | 17 | | the standards set forth under subsection (d) of Section 50 of | 18 | | this Act. By November 1, 2011 and every November 1 thereafter, | 19 | | manufacturers shall submit a document, as prescribed by the | 20 | | Agency, listing each registered recycler and refurbisher that | 21 | | will be used to meet the manufacturer's annual CED recycling | 22 | | and reuse goal and certifying that those recyclers or | 23 | | refurbishers comply with the standards set forth in subsection | 24 | | (d) of Section 50. | 25 | | (h) By September 1, 2012 and every September 1 thereafter, | 26 | | manufacturers of computers, computer monitors, printers, |
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| 1 | | televisions, electronic keyboards, facsimile machines, | 2 | | videocassette recorders, portable digital music players, | 3 | | digital video disc players, video game consoles, electronic | 4 | | mice, scanners, digital converter boxes, cable receivers, | 5 | | satellite receivers, digital video disc recorders, or | 6 | | small-scale servers shall submit to the Agency, in the form and | 7 | | manner required by the Agency, a report that contains the total | 8 | | weight of the aforementioned electronic devices sold under each | 9 | | of the manufacturer's brands to individuals in this State as | 10 | | calculated under subsection (c) and (c-5) of Section 15, as | 11 | | applicable. Each manufacturer shall indicate on the report | 12 | | whether the total weight of the aforementioned electronic | 13 | | devices was derived from its own sales records or national | 14 | | sales data. If a manufacturer's weight for aforementioned | 15 | | electronic devices is derived from national sales data, the | 16 | | manufacturer shall indicate the source of the sales data. | 17 | | (i) (Blank). | 18 | | (j) (Blank). | 19 | | (k) (Blank). | 20 | | (l) On or before January 31, 2013 and on or before every | 21 | | January 31 thereafter, manufacturers of computers, computer | 22 | | monitors, printers, televisions, electronic keyboards, | 23 | | facsimile machines, videocassette recorders, portable digital | 24 | | music players, digital video disc players, video game consoles, | 25 | | electronic mice, scanners, digital converter boxes, cable | 26 | | receivers, satellite receivers, digital video disc recorders, |
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| 1 | | and small-scale servers shall submit to the Agency, on forms | 2 | | and in a format prescribed by the Agency, a report that | 3 | | contains all of the following information for the previous | 4 | | program year: | 5 | | (1) The total weight of computers, the total weight of | 6 | | computer monitors, the total weight of printers, facsimile | 7 | | machines, and scanners, the total weight of televisions, | 8 | | the total weight of the remaining CEDs, and the total | 9 | | weight of EEDs recycled or processed for reuse. | 10 | | (2) The identification of all weights that are adjusted | 11 | | under subsection (d) of this Section. For all weights | 12 | | adjusted under item (2) of subsection (d), the manufacturer | 13 | | must include copies of the written confirmation required | 14 | | under that subsection. | 15 | | (3) A list of each recycler, refurbisher, and collector | 16 | | used by the manufacturer to fulfill the manufacturer's | 17 | | individual recycling and reuse goal set forth in | 18 | | subsections (c) and (c-5) of Section 15 of this Act. | 19 | | (4) A summary of the manufacturer's consumer education | 20 | | program required under subsection (m) of this Section. | 21 | | (m) Manufacturers must develop and maintain a consumer | 22 | | education program that complements and corresponds to the | 23 | | primary retailer-driven campaign required under Section 40 of | 24 | | this Act. The education program shall promote the recycling of | 25 | | electronic products and proper end-of-life management of the | 26 | | products by consumers. |
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| 1 | | (n) Beginning January 1, 2012, no manufacturer may sell a | 2 | | computer, computer monitor, printer, television, electronic | 3 | | keyboard, facsimile machine, videocassette recorder, portable | 4 | | digital music player, digital video disc player, video game | 5 | | console, electronic mouse, scanner, digital converter box, | 6 | | cable receiver, satellite receiver, digital video disc | 7 | | recorder, or small-scale server in this State unless the | 8 | | manufacturer is registered with the State as required under | 9 | | this Act, has paid the required registration fee, and is | 10 | | otherwise in compliance with the provisions of this Act. | 11 | | (o) Beginning January 1, 2012, no manufacturer may sell a | 12 | | computer, computer monitor, printer, television, electronic | 13 | | keyboard, facsimile machine, videocassette recorder, portable | 14 | | digital music player, digital video disc player, video game | 15 | | console, electronic mouse, scanner, digital converter box, | 16 | | cable receiver, satellite receiver, digital video disc | 17 | | recorder, or small-scale server in this State unless the | 18 | | manufacturer's brand name is permanently affixed to, and is | 19 | | readily visible on, the computer, computer monitor, printer, or | 20 | | television. | 21 | | (Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.) | 22 | | (415 ILCS 150/40) | 23 | | Sec. 40. Retailer responsibilities. | 24 | | (a) Retailers shall be a primary source of information | 25 | | about end-of-life options to residential consumers of |
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| 1 | | computers, computer monitors, printers, and televisions. At | 2 | | the time of sale, the retailer shall provide each residential | 3 | | consumer with information from the Agency's website that | 4 | | provides information detailing where and how a consumer can | 5 | | recycle a CED or return a CED for reuse. | 6 | | (b) Beginning January 1, 2010, no retailer may sell or | 7 | | offer for sale any computer, computer monitor, printer, or | 8 | | television in or for delivery into this State unless: | 9 | | (1) the computer, computer monitor, printer, or | 10 | | television is labeled with a brand and the label is
| 11 | | permanently affixed and readily visible; and | 12 | | (2) the manufacturer is registered with the Agency and | 13 | | has paid the required registration fee as required under | 14 | | Section 20 of this Act. | 15 | | This subsection (b) does not apply to any computer, computer | 16 | | monitor, printer, or television that was purchased prior to | 17 | | January 1, 2010. | 18 | | (b-5) A retailer shall be considered to have complied with | 19 | | subsection (b) if: | 20 | | (1) a manufacturer registers with the Agency within 30 | 21 | | days of a retailer taking possession of the manufacturer's | 22 | | CED; | 23 | | (2) a manufacturer's registration expires and the | 24 | | manufacturer is listed as non-compliant on the Agency's | 25 | | website and the retailer ordered the CED prior to the | 26 | | posting, the retailer may sell the CED, but only if the |
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| 1 | | sale takes place within 180 days of the posting; or | 2 | | (3) a manufacturer is no longer conducting business and | 3 | | has no successor in interest, the retailer may sell any | 4 | | orphan CED ordered prior to the discontinuation of | 5 | | business. | 6 | | (c) By July 1, 2009, retailers shall report to each | 7 | | television manufacturer, by model, the number of televisions | 8 | | sold at retail to individuals in this State under each of the | 9 | | manufacturer's brands during the 6-month period from October 1, | 10 | | 2008 through March 31, 2009. | 11 | | (d) (Blank). | 12 | | (e) (Blank). | 13 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 14 | | (415 ILCS 150/57 new) | 15 | | Sec. 57. Collection fee. Notwithstanding any other | 16 | | provision of this Act, a retailer may collect a fee for each | 17 | | CED or EED collected. Municipalities, townships, and other | 18 | | unites of local government that are acting as collectors may | 19 | | collect a fee for each CED or EED collected.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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