Full Text of SB0557 101st General Assembly
SB0557eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Carpet | 5 | | Stewardship Act. | 6 | | Section 5. Findings and purpose. The General Assembly finds | 7 | | that: | 8 | | (1) Based on data contained in the Illinois Commodity | 9 | | Waste Generation and Characterization Study, commissioned | 10 | | in 2014 by the Illinois Department of Commerce and Economic | 11 | | Opportunity, approximately 229,000 tons of carpet and | 12 | | carpet padding are landfilled each year, 1.5% of the total | 13 | | waste landfilled in this State. | 14 | | (2) Discarded carpet and padding are currently being | 15 | | recycled in this State at a recycling rate estimated to be | 16 | | less than 1%, compared to a 15.4% recycling rate for the | 17 | | first 6 months of 2018 in California, which has enacted | 18 | | Extended Producer Responsibility legislation for carpet. | 19 | | (3) Carpet recycling can be significantly expanded by | 20 | | utilizing an Extended Producer Responsibility approach | 21 | | which will lead to job creation through the collection, | 22 | | processing, and marketing of discarded carpet and padding. | 23 | | In California, this approach has created approximately 150 |
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| 1 | | direct jobs. | 2 | | (4) According to the U.S. Environmental Protection | 3 | | Agency, the recycling of discarded carpet has a positive | 4 | | impact on the reduction of greenhouse gases when compared | 5 | | to the landfilling or incineration of discarded carpet, | 6 | | which increases the generation of greenhouse gases. | 7 | | Section 10. Definitions. In this Act: | 8 | | "Agency" means the Illinois Environmental Protection | 9 | | Agency. | 10 | | "Blended carpet" means carpet with a nonuniform face fiber, | 11 | | which is manufactured with multiple polymer types, fiber types, | 12 | | or both, in the face of the constructed material. | 13 | | "Brand" means a name, symbol, word, or mark that identifies | 14 | | the carpet, rather than its components, and attributes the | 15 | | product to the owner or licensee of the brand as the producer. | 16 | | "Carpet" means a manufactured article that is (i) used in | 17 | | commercial buildings or single or multifamily residential | 18 | | buildings, (ii) affixed or placed on the floor or building | 19 | | walking surface as a decorative or functional building interior | 20 | | or exterior feature, and (iii) primarily constructed of a top | 21 | | visible surface of synthetic face fibers or yarns or tufts | 22 | | attached to a backing system derived from synthetic or natural | 23 | | materials. "Carpet" includes, but is not limited to, a | 24 | | commercial or residential broadloom carpet, modular carpet | 25 | | tiles, and artificial turf. "Carpet" includes a pad or |
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| 1 | | underlayment used in conjunction with a carpet. "Carpet" does | 2 | | not include handmade rugs, area rugs, or mats. | 3 | | "Clearinghouse" means the entity incorporated as a | 4 | | nonprofit within the meaning of 26 U.S.C. 501 representing | 5 | | carpet producers, and other designated representatives who are | 6 | | cooperating with one another to collectively establish and | 7 | | operate a discarded carpet recycling and reuse program for the | 8 | | purpose of complying with this Act. | 9 | | "Clearinghouse plan" means a single, detailed plan | 10 | | prepared by the clearinghouse that includes all the information | 11 | | required by this Act. | 12 | | "Consumer" means any person who makes a purchase at retail. | 13 | | "Discarded carpet" means carpet that is no longer used for | 14 | | its manufactured purpose. | 15 | | "Distributor" or "wholesaler" means a person who buys or | 16 | | otherwise acquires carpet from another source and sells or | 17 | | offers to sell that carpet to retailers in this State. | 18 | | "Nylon carpet" means carpet made with a uniform face fiber | 19 | | made with either nylon 6 or nylon 6,6. | 20 | | "Person" means any individual, partnership, | 21 | | co-partnership, firm, company, corporation, association, joint | 22 | | stock company, trust, estate, political subdivision, State | 23 | | agency, or any other legal entity, or their legal | 24 | | representative, agent, or assign. | 25 | | "PET carpet" means carpet made from polyethylene | 26 | | terephthalate. |
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| 1 | | "Producer" means a person that: | 2 | | (1) has legal ownership of the brand, brand name, or | 3 | | co-brand of carpet sold in this State; | 4 | | (2) imports carpet branded by a producer who meets the | 5 | | definition under paragraph (1) when that producer has no | 6 | | physical presence in the United States; | 7 | | (3) if paragraphs (1) and (2) do not apply, makes | 8 | | unbranded carpet that is sold in this State; or | 9 | | (4) sells carpet at wholesale or retail, does not have | 10 | | legal ownership of the brand, and elects to fulfill the | 11 | | responsibilities of the producer for the product. | 12 | | "Polypropylene carpet" means carpet made from | 13 | | polypropylene. | 14 | | "Program year" means a calendar year. The first program | 15 | | year is 2021. | 16 | | "PTT carpet" means carpet made from polytrimethylene | 17 | | terephthalate. | 18 | | "Recycling" means the process by which discarded carpet is | 19 | | collected, processed, and returned to the economic mainstream | 20 | | in the form of raw materials or products. "Recycling" is | 21 | | further defined to include only those pounds of discarded | 22 | | carpet that are an output of a recycling facility destined for | 23 | | an end market or reuse and is not meant to mean the gross input | 24 | | pounds of discarded carpet accepted by a recycling facility. | 25 | | "Recycling" does not include energy recovery or energy | 26 | | generation by means of combusting discarded carpet, and it does |
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| 1 | | not include any disposal or use of discarded carpet within the | 2 | | permitted boundaries of a municipal solid waste landfill unit. | 3 | | "Recycling rate" means the percentage of discarded carpet | 4 | | that is managed through recycling or reuse, as defined by this | 5 | | Act, and is computed by dividing the amount of discarded carpet | 6 | | that is collected and recycled or reused by the total amount of | 7 | | discarded carpet that is generated over a program year. To | 8 | | determine the annual recycling rates required by this Act the | 9 | | amount of discarded carpet generated shall be calculated using | 10 | | an industry standard calculation based on annual sales, | 11 | | replacement rate, and the average weight of carpet. | 12 | | "Retailer" means any person engaged in the business of | 13 | | making sales at retail that generate occupation or use tax | 14 | | revenue. | 15 | | "Reuse" means donating or selling a discarded carpet back | 16 | | into the market for its original intended use, when the | 17 | | discarded carpet retains its original purpose and performance | 18 | | characteristics. | 19 | | "Sale" or "sell" means a transfer of title to carpet for | 20 | | consideration, including a remote sale conducted through a | 21 | | sales outlet, catalog, website, or similar electronic means. | 22 | | "Sale" or "sell" includes a lease through which carpet is | 23 | | provided to a consumer by a producer, distributor, or retailer. | 24 | | "Stewardship assessment" means the amount added to the | 25 | | purchase price of carpet sold in this State that is necessary | 26 | | to cover the cost of collecting, transporting, processing and |
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| 1 | | marketing discarded carpet by the clearinghouse pursuant to the | 2 | | clearinghouse plan, and shall not be used to pay for any fines | 3 | | or penalties levied pursuant to this Act or for the final | 4 | | disposal or incineration of discarded carpet. | 5 | | "Wool carpet" means carpet made from wool. | 6 | | Section 15. Formation, duties and powers of the | 7 | | clearinghouse. | 8 | | (a) To administer the carpet stewardship program a | 9 | | clearinghouse shall be created, and shall consist of the | 10 | | following members, to be appointed by the Director of the | 11 | | Agency: | 12 | | (1) two individuals who are representatives of a | 13 | | statewide association representing retailers; | 14 | | (2) two individuals who are representatives of carpet | 15 | | producers; | 16 | | (3) one individual who is a representative of a | 17 | | national association representing manufacturers of carpet; | 18 | | (4) two individuals who are representatives of carpet | 19 | | recyclers; | 20 | | (5) two individuals who are representatives of a | 21 | | statewide association representing waste disposal | 22 | | companies; | 23 | | (6) two individuals who are representatives of | 24 | | environmental organizations; | 25 | | (7) two individuals who are representatives of county |
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| 1 | | or municipal joint action agency waste management | 2 | | programs; | 3 | | (8) one individual who is a representative of a company | 4 | | that utilizes discarded carpet to manufacture a new | 5 | | product, not including new carpet; and | 6 | | (9) one individual who is a representative of an | 7 | | association representing installers of carpet. | 8 | | (b) Members of the clearinghouse shall serve without | 9 | | compensation but shall be reimbursed for travel expenses with | 10 | | proceeds from the stewardship assessment, and the Agency shall | 11 | | be responsible for monitoring these expenses. Members shall | 12 | | serve on the clearinghouse until a successor is appointed and | 13 | | qualified. | 14 | | (c) The clearinghouse's duties include, but are not limited | 15 | | to: | 16 | | (1) preparing the clearinghouse plan, and any required | 17 | | amendments, on an annual basis in compliance with this Act; | 18 | | (2) implementing the clearinghouse plan; | 19 | | (3) creating and administering a grant program to | 20 | | assist in subsidizing the costs to collect, process, or | 21 | | market discarded carpet for reuse or recycling; | 22 | | (4) being responsible for meeting the performance | 23 | | goals specified by this Act; | 24 | | (5) submitting annual program reports as required by | 25 | | this Act; | 26 | | (6) recommending to the Agency in the annual |
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| 1 | | clearinghouse plan any increases or decreases in the | 2 | | stewardship assessment; and | 3 | | (7) overseeing an annual audit of the carpet | 4 | | stewardship program's revenues and expenditures, and | 5 | | reporting those findings to the Agency. | 6 | | (d) The clearinghouse may hire a director and necessary | 7 | | staff, and may organize itself into committees to implement | 8 | | this Act, which shall be funded by the stewardship assessment. | 9 | | The Agency shall monitor these expenses. | 10 | | Section 20. Carpet stewardship program and sale | 11 | | requirement. | 12 | | (a) For all carpet sold in this State, producers shall, | 13 | | through the clearinghouse, implement and finance a statewide | 14 | | carpet stewardship program that: manages carpet by reducing its | 15 | | waste generation; promotes its recycling and reuse; and | 16 | | provides for negotiation and execution of agreements to | 17 | | collect, transport, process, or market the discarded carpet for | 18 | | end-of-life recycling or reuse. | 19 | | (b) On and after January 1, 2021, a producer, distributor, | 20 | | or retailer that offers carpet for sale in this State is not in | 21 | | compliance with this Act and is subject to penalties under | 22 | | Section 70 if the carpet is not subject to the clearinghouse | 23 | | plan that is submitted by the clearinghouse and approved by the | 24 | | Agency under Section 30. |
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| 1 | | Section 25. Clearinghouse plan. | 2 | | (a) By July 1, 2020 and by July 1 every 3 years thereafter, | 3 | | beginning with program year 2021, the clearinghouse shall | 4 | | submit a 3-year plan to the Agency and receive approval of the | 5 | | plan. The clearinghouse plan shall include, at a minimum, each | 6 | | of the following: | 7 | | (1) Certification that the carpet stewardship program | 8 | | will accept for collection all discarded carpet, | 9 | | regardless of type or which producer manufactured the | 10 | | product and its individual components. | 11 | | (2) Contact information for each individual | 12 | | representing the clearinghouse, designation of a program | 13 | | manager responsible for administering the program in this | 14 | | State, a list of all producers participating in the carpet | 15 | | stewardship program, and the brands covered by the product | 16 | | stewardship program. | 17 | | (3) A description of the methods by which discarded | 18 | | carpet will be collected in this State with no charge to | 19 | | any person, including an explanation of how the collection | 20 | | system will be convenient and adequate to serve the needs | 21 | | of businesses and residents in both urban and rural areas | 22 | | on an ongoing basis and how the stewardship group will | 23 | | achieve a convenience standard of having collection sites | 24 | | in all counties with a population density of greater than | 25 | | or equal to 100 individuals per square mile in this State | 26 | | by January 1, 2021 for program year 2021, and all counties |
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| 1 | | with a population density of greater than or equal to 50 | 2 | | individuals per square mile for program year 2022 and | 3 | | thereafter. | 4 | | (4) An evaluation, beginning with the second 3-year | 5 | | plan submitted by July 1, 2023, of the feasibility and cost | 6 | | of expanding the convenience standard to at least one | 7 | | collection site in every county in the State. | 8 | | (5) A description of how the adequacy of the collection | 9 | | program will be monitored, evaluated, and maintained. | 10 | | (6) The names and locations of collectors, | 11 | | transporters, and processors who will manage discarded | 12 | | carpet. | 13 | | (7) A description of how the discarded carpet and the | 14 | | products' components will be safely and securely | 15 | | transported, tracked, and handled from collection through | 16 | | final recycling and processing. | 17 | | (8) A description of the methods to be used to reuse, | 18 | | deconstruct, or recycle discarded carpet to ensure that the | 19 | | products' components, to the extent feasible, are | 20 | | transformed or remanufactured into finished products for | 21 | | use. | 22 | | (9) A description of the methods to be used to manage | 23 | | or dispose of discarded carpet that cannot be recycled or | 24 | | reused. | 25 | | (10) A description of the promotion and outreach | 26 | | activities and proposed budget that will be used to |
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| 1 | | encourage participation in the collection and recycling | 2 | | programs and how the activities' effectiveness will be | 3 | | evaluated and the program modified, if necessary. | 4 | | (11) Evidence of adequate insurance and financial | 5 | | assurance that may be required for collection, handling, | 6 | | and disposal operations. | 7 | | (12) A 3-year rolling performance goal, including an | 8 | | estimate of the percentage of discarded carpet that will be | 9 | | collected, reused, and recycled during each of the next 3 | 10 | | years of the stewardship plan, with a minimum goal of | 11 | | achieving a 15% recycling rate by December 31, 2023. The | 12 | | performance goals shall include a specific goal for the | 13 | | amount of discarded carpet that will be collected, | 14 | | recycled, and reused during each year of the plan. The | 15 | | performance goals must be based on: | 16 | | (A) the most recent collection data available for | 17 | | this State; | 18 | | (B) the estimated amount of discarded carpet | 19 | | disposed of annually; | 20 | | (C) the weight of the discarded carpet that is | 21 | | expected to be available for collection annually; and | 22 | | (D) actual collection data from other existing | 23 | | carpet stewardship programs. | 24 | | The clearinghouse plan must state the methodology used | 25 | | to determine these goals. By March 1, 2023, the Agency, in | 26 | | consultation with the clearinghouse, shall establish a |
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| 1 | | recycling rate goal for the 3-year plan period beginning | 2 | | January 1, 2024. Thereafter, the Agency, in consultation | 3 | | with the clearinghouse, shall establish a recycling rate | 4 | | goal for each subsequent 3-year plan period by March 1 of | 5 | | the calendar year preceding the first year of that 3-year | 6 | | plan period. | 7 | | (13) A discussion of the status of end markets for | 8 | | discarded carpet and what, if any, additional end markets | 9 | | are needed to improve the functioning of the program. | 10 | | (14) A discussion of carpet design and manufacturing | 11 | | changes that the producers are considering or have | 12 | | implemented in order to reduce toxicity, water use, or | 13 | | energy use associated with the production of carpet and | 14 | | efforts to increase the recycled content, recyclability, | 15 | | or carpet longevity. | 16 | | (15) A funding mechanism consistent with Section 35 | 17 | | that demonstrates sufficient funding to carry out the plan, | 18 | | including the administrative, operational, and capital | 19 | | costs of the plan, and payment of incentive payments to | 20 | | carpet collectors, processors, and end use markets to | 21 | | assist with the implementation of this Act. | 22 | | (16) Annual budgets showing revenue and expenditure | 23 | | projections for the current program year and projected for | 24 | | the next 2 years of the program. | 25 | | (17) A process by which the financial activities of the | 26 | | clearinghouse that are related to the implementation of the |
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| 1 | | plan shall be subject to an annual independent audit, which | 2 | | shall be reviewed by the Agency. | 3 | | (18) An evaluation of the feasibility and | 4 | | effectiveness of a ban on landfilling discarded carpet in | 5 | | this State, and an opinion on whether to recommend a | 6 | | landfill ban. | 7 | | (19) Baseline information, for the most current year | 8 | | for which data is available, on the amount of square feet | 9 | | and pounds of carpet sold in this State, by type of polymer | 10 | | or non-polymer material used to make the carpet. | 11 | | (20) A discussion of the feasibility, cost, and | 12 | | effectiveness of labeling the backside of new carpet with | 13 | | the polymer type or non-polymer material used to | 14 | | manufacture the carpet to assist processors in more easily | 15 | | identifying the type of discarded carpet collected for | 16 | | processing. | 17 | | (21) A description of the program that shall be | 18 | | implemented to train carpet installers on how to properly | 19 | | manage discarded carpet so that it can be reused or | 20 | | recycled pursuant to this Act. | 21 | | (b) An update to the plan shall be submitted, at a minimum, | 22 | | every 3 years, or if the Agency determines that a plan update | 23 | | is needed, prior to the minimum of once every 3 years. If the | 24 | | Agency determines that a plan update is necessary, such update | 25 | | shall be submitted to the Agency by the clearinghouse within 30 | 26 | | days of receiving notice from the Agency of the update's |
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| 1 | | necessity. | 2 | | (c) The clearinghouse shall notify the Agency within 30 | 3 | | days of any significant changes or modifications to the plan or | 4 | | its implementation. Within 30 days of the notification, a | 5 | | written plan revision shall be submitted to the Agency for | 6 | | review and approval. | 7 | | Section 30. Review and approval of the clearinghouse plan | 8 | | and plan updates. | 9 | | (a) Within 14 days of receipt of the clearinghouse plan, | 10 | | the Agency shall post the plan or plan update on its website. | 11 | | Within 30 days of its posting on the Agency website, any | 12 | | interested person living within the State of Illinois may | 13 | | provide written comments to the clearinghouse regarding the | 14 | | plan or plan update and those comments shall be responded to by | 15 | | the clearinghouse within 30 days after receipt of the comments. | 16 | | (b) Within 90 days after receipt of the proposed plan or | 17 | | plan update, and not prior to the public comment opportunity | 18 | | provided in subsection (a), the Agency shall determine whether | 19 | | the plan or plan update complies with Section 25. If the Agency | 20 | | approves a plan or plan update, the Agency shall notify the | 21 | | clearinghouse of the plan approval in writing within 14 days of | 22 | | receipt. If the Agency rejects a plan or plan update, the | 23 | | Agency shall notify the clearinghouse in writing of the reasons | 24 | | for rejecting the plan within 14 days of receipt. The | 25 | | clearinghouse shall submit a revised plan to the Agency within |
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| 1 | | 60 days after receiving notice of rejection. Any proposed | 2 | | changes to a plan or plan update must be approved by the Agency | 3 | | in writing. | 4 | | (c) The clearinghouse plan and plan updates approved by the | 5 | | Agency shall be placed on the Agency's website and made | 6 | | available at the Agency's headquarters for public review within | 7 | | 30 days of the Agency's approval. | 8 | | Section 35. Carpet stewardship assessment. | 9 | | (a) On and after January 1, 2020, a producer of carpet | 10 | | shall add a carpet stewardship assessment fee of 4 cents per | 11 | | square foot to the purchase price of nylon carpet, | 12 | | polypropylene carpet, and wool carpet, and 6 cents per square | 13 | | foot to the purchase price of PET carpet, PTT carpet, and | 14 | | blended carpet sold in this State by that producer. The | 15 | | assessment added under this Section shall be remitted by the | 16 | | producer on a quarterly basis to the clearinghouse. | 17 | | (b) Notwithstanding any provision of law to the contrary, | 18 | | the assessment established under this Section is exempt from | 19 | | taxes imposed by the Illinois Department of Revenue and shall | 20 | | meet both of the following requirements: | 21 | | (1) The assessment shall be added by the producer to | 22 | | the purchase price of all carpet sold by producers to an | 23 | | Illinois retailer or distributor or otherwise sold for use | 24 | | in this State. The assessment shall be clearly visible on | 25 | | all invoices or functionally equivalent billing documents |
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| 1 | | as a separate line item and shall be accompanied by a brief | 2 | | description of the assessment. | 3 | | (2) Each retailer and distributor shall add the | 4 | | assessment to the purchase price of all carpet sold in this | 5 | | State. The assessment shall be clearly visible on all | 6 | | invoices or functionally equivalent billing documents as a | 7 | | separate line item and shall be accompanied by a brief | 8 | | description of the assessment. | 9 | | (c) It is the intent of the General Assembly that the | 10 | | amount of the assessment fee be reduced by the clearinghouse as | 11 | | the carpet stewardship program is implemented over time and | 12 | | becomes more efficient. | 13 | | (d) If the amount of the assessment is too low to properly | 14 | | fund the carpet stewardship program, the clearinghouse may | 15 | | submit a plan update, which must be approved by the Agency, in | 16 | | accordance with Section 30, prior to the fee being increased. | 17 | | (e) The assessment shall be lowered if at any time the fee | 18 | | generates a fund balance at the end of a program year that is | 19 | | greater than one year's operating costs of the carpet | 20 | | stewardship program. If a fund balance greater than one year's | 21 | | operating cost is reached, the clearinghouse shall submit a | 22 | | plan update to reduce the assessment in accordance with Section | 23 | | 30. | 24 | | (f) The assessment fee shall be deposited by the | 25 | | clearinghouse into an Illinois chartered bank, and if for any | 26 | | reason this Act is repealed, the entire assessment fund balance |
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| 1 | | shall be transferred by the clearinghouse to the State of | 2 | | Illinois to be deposited into the Solid Waste Management Fund. | 3 | | Section 40. State action antitrust exemption. Each | 4 | | producer and the clearinghouse shall be immune from liability | 5 | | for any claim of violation of antitrust law or unfair trade | 6 | | practice if the conduct is a violation of antitrust law, to the | 7 | | extent the producer or clearinghouse is exercising authority | 8 | | under the provisions of this Act. | 9 | | Section 45. Requirements applicable to producers. | 10 | | (a) On and after January 1, 2020, a producer of carpet | 11 | | shall add the stewardship assessment, as established in Section | 12 | | 35, to the cost of carpet sold to retailers and distributors in | 13 | | this State by the producer. | 14 | | (b) Producers shall provide consumers with educational | 15 | | materials regarding the stewardship assessment and carpet | 16 | | stewardship program as required by paragraph (1) of subsection | 17 | | (b) of Section 35 of this Act. The materials shall include, but | 18 | | are not limited to, (i) information regarding available | 19 | | end-of-life management options for carpet offered through the | 20 | | carpet stewardship program and (ii) information that notifies | 21 | | the consumers that a charge for the operation of the carpet | 22 | | stewardship program is included in the purchase price of carpet | 23 | | sold in this State. | 24 | | (c) Producers who sell carpet in this State shall register |
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| 1 | | with the Agency by January 1, 2020 and annually thereafter for | 2 | | as long as that producer sells carpet in this State. | 3 | | Section 50. Requirements applicable to retailers and | 4 | | distributors. | 5 | | (a) Three months after program plan approval, no carpet may | 6 | | be sold in this State unless the product's producer is | 7 | | participating in the clearinghouse plan. | 8 | | (b) Any retailer or distributor may participate, on a | 9 | | voluntary basis, as a designated collection point pursuant to a | 10 | | product stewardship program and in accordance with applicable | 11 | | law. | 12 | | (c) No retailer or distributor shall be found to be in | 13 | | violation of this Section if, on the date the carpet was | 14 | | ordered from the producer or its agent, the producer was listed | 15 | | as compliant on the Agency's website in accordance with this | 16 | | Act. | 17 | | Section 55. Requirements applicable to the Agency. | 18 | | (a) Beginning January 1, 2020, and annually thereafter, the | 19 | | Agency shall post on its website the list of carpet producers | 20 | | that registered with the Agency, in accordance with Section 45, | 21 | | and who are in compliance with this Act. | 22 | | (b) Beginning January 1, 2021, and annually thereafter, for | 23 | | the benefit of assisting consumers who wish to find collection | 24 | | sites for recycling carpet, the Agency shall post on its |
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| 1 | | website the location of all collection sites identified to the | 2 | | Agency by the clearinghouse in its plans and annual reports. | 3 | | (c) The Agency shall post on its website the plan as | 4 | | approved by the Agency and any subsequent updates within 30 | 5 | | days of receipt pursuant to Section 30. | 6 | | (d) Beginning May 1, 2022, and annually thereafter, the | 7 | | Agency shall post on its website copies of the annual reports. | 8 | | (e) Beginning March 1, 2023, and once every 3 years | 9 | | thereafter, the Agency shall, in consultation with the | 10 | | clearinghouse, establish the recycling rate performance goal | 11 | | in the clearinghouse plan, beginning with program year 2024. | 12 | | Section 60. Annual stewardship reports. | 13 | | (a) By April 1, 2022, and by April 1 of each year | 14 | | thereafter, the clearinghouse shall submit a report to the | 15 | | Agency that includes, for the previous program year, a | 16 | | description of the carpet stewardship program, including, but | 17 | | not limited to, the following: | 18 | | (1) the amount of carpet sold by square feet and pounds | 19 | | in this State during the reporting period by polymer type | 20 | | or non-polymer material, including a separate reporting of | 21 | | the amount of carpet sold in this State for which the | 22 | | carpet stewardship assessment was collected; | 23 | | (2) a description of the methods used to collect, | 24 | | transport, and process discarded carpet in regions of this | 25 | | State, and a listing of the persons used to collect, |
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| 1 | | transport, and process discarded carpet; | 2 | | (3) identification of all discarded carpet collection | 3 | | sites in this State and whether the requirement of | 4 | | paragraph (3) of subsection (a) of Section 25 has been met; | 5 | | (4) the weight of all discarded carpet collected and | 6 | | reused or recycled in all regions of this State, a | 7 | | comparison to the performance goals and recycling rates | 8 | | established in the clearinghouse plan, and, if | 9 | | appropriate, an explanation stating the reason or reasons | 10 | | performance goals were not met; | 11 | | (5) the weight of discarded carpet collected in this | 12 | | State but not recycled and its ultimate disposition, and a | 13 | | comparison to the performance goals in the clearinghouse | 14 | | plan; | 15 | | (6) the total cost of implementing the clearinghouse | 16 | | plan and a copy of the independent audit regarding the | 17 | | financial activities of the clearinghouse; | 18 | | (7) a proposed budget for implementing the | 19 | | clearinghouse plan in the subsequent calendar year; | 20 | | (8) an evaluation of the funding mechanism and its | 21 | | ability to properly fund the implementation of the | 22 | | clearinghouse plan, and provide adequate incentive | 23 | | payments to collectors, processors and end markets for | 24 | | managing carpet; | 25 | | (9) identification of the facilities processing | 26 | | carpet, the weight processed at each facility, and each |
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| 1 | | facility's processing capacity; | 2 | | (10) an evaluation of the effectiveness of the | 3 | | clearinghouse plan, and anticipated steps, if needed, to | 4 | | improve performance; | 5 | | (11) a discussion of progress made toward achieving | 6 | | carpet design changes according to paragraph (14) of | 7 | | subsection (a) of Section 25; | 8 | | (12) samples of educational materials provided to | 9 | | consumers and carpet installers, and an evaluation of the | 10 | | effectiveness of the materials and the methods used to | 11 | | disseminate the materials. The evaluation shall include, | 12 | | but shall not be limited to, information on the number of | 13 | | consumers and carpet installers that received or viewed the | 14 | | educational materials, and any consumer and carpet | 15 | | installer survey data that may have been collected | 16 | | regarding the educational materials used; and | 17 | | (13) an evaluation of the feasibility and | 18 | | effectiveness of a ban on landfilling carpet in this State, | 19 | | and an opinion on whether to recommend a landfill ban. | 20 | | Section 65. Administrative fee. | 21 | | (a) The clearinghouse shall pay the Agency an annual | 22 | | administrative fee of $100,000 which may be paid for from | 23 | | revenue from the carpet stewardship assessment. | 24 | | (b) The clearinghouse shall pay the Agency's | 25 | | administrative fee under subsection (a) on or before January 1, |
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| 1 | | 2021, and annually thereafter. | 2 | | (c) The Agency shall deposit the fees collected under this | 3 | | Section into the Solid Waste Management Fund. | 4 | | Section 70. Enforcement. | 5 | | (a) On and after the implementation date of the carpet | 6 | | stewardship program, no producer, distributor, or retailer | 7 | | shall sell or offer for sale carpet to any person in this State | 8 | | if the producer of the carpet is not registered with the Agency | 9 | | pursuant to subsection (c) of Section 45 and participating in | 10 | | implementing the clearinghouse plan. | 11 | | (b) No retailer or distributor shall be found in violation | 12 | | of the provisions of subsection (a) if, on the date the carpet | 13 | | was ordered from the producer or its agent, the producer was | 14 | | listed on the Agency's website in accordance with the | 15 | | provisions of subsection (a) of Section 55. | 16 | | (c) The Attorney General or State's Attorney may request, | 17 | | and a Court may impose, after providing notice and opportunity | 18 | | to be heard, a civil penalty in the amount of $5,000 per day | 19 | | per violation against any person who violates the terms of this | 20 | | Act. | 21 | | (d) Nothing in this Act prohibits a retailer or distributor | 22 | | from selling their inventory of carpet existing prior to the | 23 | | date the first stewardship plan prepared by the clearinghouse | 24 | | is approved by the Agency. | 25 | | (e) The penalties provided for in this Section may be |
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| 1 | | recovered in a civil action brought in the name of the People | 2 | | of the State of Illinois by the State's Attorney of the county | 3 | | in which the violation occurred or by the Attorney General. Any | 4 | | funds collected under this Section in an action in which the | 5 | | Attorney General has prevailed shall be deposited in the | 6 | | Environmental Protection Trust Fund, to be used in accordance | 7 | | with the provisions of the Environmental Trust Fund Act. | 8 | | Section 75. State procurement of carpet. Beginning on | 9 | | January 1, 2022, at least 35% of carpet purchased by State | 10 | | agencies shall be carpet with a minimum of 10% post-consumer | 11 | | recycled content by weight from discarded carpet and comply | 12 | | with the National Science Foundation/American National | 13 | | Standards Institute (NSF/ANSI) 140-2009 Standard, Platinum | 14 | | Level or the most current version in effect as provided by the | 15 | | American National Standards Institute. The carpet shall be | 16 | | purchased from a carpet producer with a third party certified | 17 | | closed loop recycling facility. Thereafter, those purchases | 18 | | shall increase by a rate of 10% per year until it reaches 75%. | 19 | | Prior to January 1, 2022, the clearinghouse shall provide a | 20 | | report to the Illinois Department of Central Management | 21 | | Services on the other types of products that contain recycled | 22 | | carpet as a feedstock that the State should consider | 23 | | purchasing.
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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