Full Text of SB1417 100th General Assembly
SB1417sam003 100TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/16/2017
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| 1 | | AMENDMENT TO SENATE BILL 1417
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1417, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment No. | 4 | | 1, on page 7, by replacing lines 5 and 6 with "collection sites | 5 | | and one-day collection events."; and
| 6 | | on page 8, by deleting lines 6 through 11; and | 7 | | on page 11, lines 12 and 13, by replacing "January 31" each | 8 | | time it appears with "March 1"; and | 9 | | on page 12, by replacing lines 1 through 3 with the following: | 10 | | "(c) Each manufacturer e-waste program shall make the | 11 | | instructions required under paragraph (2) of subsection (b) | 12 | | available on its website by December 1, 2017, and the program | 13 | | shall provide to the Agency a hyperlink to the website for | 14 | | posting on the Agency's website."; and |
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| 1 | | on page 13, immediately below line 18, by inserting the | 2 | | following: | 3 | | "For purposes of this Section, county population densities | 4 | | shall be based on the entire county's population density, | 5 | | regardless of whether a municipality or municipal joint action | 6 | | agency in the county participates in the program."; and | 7 | | on page 13, by replacing line 23 with "municipality and the | 8 | | county collection sites required under paragraph (6) of | 9 | | subsection (a) of this Section shall be"; and | 10 | | on page 14, by replacing lines 2 through 17 with the following: | 11 | | "(b) Notwithstanding subsection (a) of this Section, any | 12 | | county recycling coordinator for a county that participates in | 13 | | a manufacturer e-waste program for a program year, any | 14 | | recycling coordinator for a municipality with a population of | 15 | | over 1,000,000 residents that participates in a manufacturer | 16 | | e-waste program for a program year, or any executive director | 17 | | of a municipal joint action agency that participates in a | 18 | | manufacturer e-waste program for a program year may enter into | 19 | | a written agreement with the manufacturer e-waste program to do | 20 | | any one or more of the following: | 21 | | (1) to decrease the number of program collection sites | 22 | | within the county, municipality, or territorial boundary | 23 | | of the municipal joint action agency; | 24 | | (2) to substitute a program collection site in the |
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| 1 | | county, municipality, or territorial boundary of the | 2 | | municipal joint action agency with either (i) 4 one-day | 3 | | collection events or (ii) a different number of such events | 4 | | as may be provided in the written agreement; | 5 | | (3) to substitute the location of a program collection | 6 | | site in the county, municipality, or territorial boundary | 7 | | of the municipal joint action agency with another location | 8 | | in the county, municipality, or territorial boundary of the | 9 | | municipal joint action agency; or | 10 | | (4) to substitute the location of a one-day collection | 11 | | in the county, municipality, or territorial boundary of the | 12 | | municipal joint action agency with another location in the | 13 | | county, municipality, or territorial boundary of the | 14 | | municipal joint action agency."; and | 15 | | by deleting line 22 on page 14 through line 10 on page 15; and | 16 | | on page 15, line 11, by replacing "(d)" with (c)"; and | 17 | | on page 15, by replacing line 18 with "manufacturer e-waste | 18 | | program, on or before March"; and | 19 | | on page 16, by replacing lines 9 through 13, with the | 20 | | following: | 21 | | "A county may, by written agreement with a municipal joint | 22 | | action agency located within that county, cede one or more of |
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| 1 | | the collection sites to the municipal joint action agency upon | 2 | | the municipal joint action agency's election to participate in | 3 | | a manufacturer e-waste program. The municipal joint action | 4 | | agency's election to participate must be submitted by the March | 5 | | 1 preceding the applicable program year and must include a copy | 6 | | of the written agreement between the county and municipal joint | 7 | | action agency. The written agreement must specify the number of | 8 | | collection sites ceded to the municipal joint action agency by | 9 | | the county."; and | 10 | | on page 16, lines 21 and 22, by replacing "best practices" with | 11 | | "Section 1-45"; and | 12 | | on page 17, by replacing lines 13 through 15 with "residential | 13 | | CEDs under the program; and"; and | 14 | | on page 18, by replacing line 6 with "shall make the approved | 15 | | plan available on the Agency's website."; and | 16 | | on page 18, line 14, by deleting "individual who serves as the | 17 | | point of contact for the"; and | 18 | | on page 18, immediately below line 17, by inserting the | 19 | | following: | 20 | | "(c) An updated list of recyclers must be provided to the | 21 | | Agency no later than the December 1 preceding each program |
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| 1 | | year."; and | 2 | | on page 18, line 23, by replacing "$3,000" with "$5,000"; and | 3 | | on page 19, line 4, after ";", by inserting "and"; and | 4 | | on page 19, line 5, by replacing "the weight of all | 5 | | televisions" with "the total weights, by category, of CEDs"; | 6 | | and | 7 | | on page 19, line 8, by replacing ";" with "."; and | 8 | | on page 19, by deleting lines 9 through 24; and | 9 | | on page 21, by replacing lines 3 through 5 with the following: | 10 | | "(a) Beginning in program year 2019, no retailer may sell | 11 | | or"; and | 12 | | on page 21, line 14, by replacing "agency" with "Agency"; and | 13 | | on page 21, line 22, immediately after "interest", by inserting | 14 | | ", in which case"; and | 15 | | on page 22, line 5, by replacing "manufacture" with | 16 | | "manufacturer"; and |
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| 1 | | on page 22, line 22, immediately after "CEDs", by inserting | 2 | | "collected through a manufacturer e-waste program"; and | 3 | | on page 23, by replacing lines 2 and 3 with "all registered | 4 | | recyclers."; and | 5 | | on page 23, by replacing lines 8 and 9 with the following: | 6 | | "(d) Beginning in program year 2019, recyclers must, as a | 7 | | part of their annual registration, certify compliance with all | 8 | | of the following:"; and | 9 | | on page 28, by replacing lines 20 through 23 with "one-day | 10 | | collection event shall report, to the Agency and to the | 11 | | manufacturer e-waste program, the total weight of all | 12 | | residential CEDs transported from the program collection site | 13 | | or one-day collection event during the previous program year."; | 14 | | and | 15 | | on page 29, by replacing lines 2 and 3 with "law. In addition, | 16 | | at a"; and | 17 | | on page 29, line 16, by replacing "prorate" with "prorated"; | 18 | | and | 19 | | on page 30, line 22, by replacing "an individual" with "a | 20 | | person"; and |
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| 1 | | on page 31, by replacing line 3 with "penalty of $7,000 per | 2 | | violation, provided that the penalty for a failure to register | 3 | | or pay a fee under this Act shall be double the applicable | 4 | | registration fee."; and | 5 | | on page 31, line 11, immediately after "Environmental", by | 6 | | inserting "Protection"; and | 7 | | on page 32, immediately below line 1, by inserting the | 8 | | following: | 9 | | "(f) A knowing violation of subsections (a), (b), or (c) of | 10 | | Section 1-83 of this Act by anyone other than a residential | 11 | | consumer is a petty offense punishable by a fine of $500. A | 12 | | knowing violation of subsections (a), (b), or (c) of Section | 13 | | 1-83 by a residential consumer is a petty offense punishable by | 14 | | a fine of $25 for a first violation; however, a subsequent | 15 | | violation by a residential consumer is a petty offense | 16 | | punishable by a fine of $50. | 17 | | (g) Any person who knowingly makes a false material | 18 | | statement or certification in a registration required under | 19 | | this Act commits the offense of perjury and shall be subject to | 20 | | the penalties set forth in Section 32-2 of the Criminal Code of | 21 | | 2012."; and | 22 | | on page 32, by replacing lines 6 and 7 with "of this Act, and |
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| 1 | | any violation of a plan submission requirement in Section 1-25 | 2 | | of this Act shall"; and | 3 | | on page 34, by deleting lines 11 through 23; and | 4 | | on page 37, by deleting lines 18 and 19; and | 5 | | on page 37, immediately above line 20, by inserting the | 6 | | following: | 7 | | "Section 1-84. Allocation of financial responsibilities | 8 | | among manufacturers. | 9 | | (a) By no later than January 1, 2019, the Pollution Control | 10 | | Board shall adopt rules that specify how to allocate financial | 11 | | responsibilities for the transportation and recycling of | 12 | | collected CEDs among manufacturers participating in a | 13 | | manufacturer e-waste program. To ensure the equitable and | 14 | | efficient allocation of those obligations, the rules adopted by | 15 | | the Pollution Control Board shall include a formula that shall | 16 | | be used by manufacturers to identify their proportional | 17 | | responsibility for the transportation and recycling of | 18 | | collected CEDs. The formula developed by the Pollution Control | 19 | | Board shall take into consideration each manufacturer's market | 20 | | and return shares and any other factors the Pollution Control | 21 | | Board deems relevant. The rules adopted by the Pollution | 22 | | Control Board under this Section shall also allow manufacturers |
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| 1 | | to use retail collection sites to satisfy some or all of their | 2 | | responsibilities for the transportation and recycling of | 3 | | collected CEDs. | 4 | | (b) To assist the Pollution Control Board, there is hereby | 5 | | created an Advisory Financial Responsibility Allocation Task | 6 | | Force, which shall consist of the following members, to be | 7 | | appointed by the Director of the Environmental Protection | 8 | | Agency: | 9 | | (1) one individual who is a representative of a | 10 | | statewide association representing retailers; | 11 | | (2) one individual who is a representative of a | 12 | | statewide association representing manufacturers; | 13 | | (3) one individual who is a representative of a | 14 | | national association representing manufacturers of | 15 | | consumer electronics; and | 16 | | (4) one individual who is a representative of a | 17 | | national association representing the information | 18 | | technology industry. | 19 | | As soon as practicable after the effective date of this | 20 | | Act, members of the Advisory Financial Responsibility | 21 | | Allocation Task Force shall be appointed and meet. The Advisory | 22 | | Financial Responsibility Allocation Task Force shall file with | 23 | | the Pollution Control Board, by no later than February 1, 2018, | 24 | | a rulemaking proposal, which sets forth a system for allocating | 25 | | financial responsibilities for the transportation and | 26 | | recycling of collected CEDs among manufacturers participating |
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| 1 | | in a manufacturer e-waste program. | 2 | | Members of the Advisory Financial Responsibility | 3 | | Allocation Task Force shall serve voluntarily and without | 4 | | compensation. The Agency shall provide administrative support | 5 | | to the Task Force as needed. | 6 | | The Advisory Financial Responsibility Allocation Task | 7 | | Force is dissolved by operation of law on January 1, 2019. | 8 | | (c) The rulemaking required under this Section shall be | 9 | | conducted in accordance with Title VII of the Environmental | 10 | | Protection Act, except that no signed petitions for the | 11 | | rulemaking proposal shall be required."; and | 12 | | on page 38, line 1, by replacing "8" with "10"; and | 13 | | on page 83, line 17, by replacing " 2019 " with " 2020 ".
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