State of Illinois
2021 and 2022


Introduced 1/5/2022, by Rep. Robyn Gabel


New Act

    Creates the Carpet Stewardship Act. Provides that for all carpet sold in this State, producers shall, through a clearinghouse, implement and finance a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its reutilization and recovery, and provides for negotiation and execution of agreements to collect, transport, process, and market the product for end-of-life carpet recovery and carpet reutilization. Requires the clearinghouse to be incorporated as a nonprofit. Provides that the Illinois Environmental Protection Agency must approve the carpet stewardship plan for the plan to be valid. Establishes requirements for review of the plan, and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Provides enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains other provisions. Effective immediately.

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HB4356LRB102 20577 CPF 30912 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Carpet
5Stewardship Act.
6    Section 5. Findings and purpose. The General Assembly
7finds 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
11    Economic Opportunity, approximately 229,000 tons of carpet
12    and carpet padding are landfilled each year, 1.5% of the
13    total waste landfilled in this State.
14        (2) Old carpet and padding are currently being
15    recovered in this State at a carpet recovery rate
16    estimated to be less than 1%, compared to a 29% carpet
17    recovery rate for the second quarter in 2021 in
18    California, which has enacted Extended Producer
19    Responsibility legislation for carpet.
20        (3) Carpet recovery can be significantly expanded by
21    utilizing an Extended Producer Responsibility approach
22    which will lead to job creation through the collection,
23    processing, and marketing of old carpet and padding. In



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1    California, this approach has created approximately 150
2    direct jobs.
3        (4) According to the U.S. Environmental Protection
4    Agency, the carpet recovery of old carpet has a positive
5    impact on the reduction of greenhouse gases when compared
6    to the landfilling or incineration of old carpet, which
7    increases the generation of greenhouse gases.
8    Section 10. Definitions. In this Act:
9    "Agency" means the Illinois Environmental Protection
11    "Artificial turf" means artificial or synthetic turf used
12for sports playing surfaces.
13    "Blended carpet" means carpet with a nonuniform face
14fiber, which is manufactured with multiple polymer types,
15fiber types, or both, in the face of the constructed material.
16    "Brand" means a name, symbol, word, or mark that
17identifies the carpet, rather than its components, and
18attributes the product to the owner or licensee of the brand as
19the producer.
20    "Carpet" means a manufactured article that is (i) used in
21commercial buildings, single or multifamily residential
22buildings, or sports playing surfaces, (ii) affixed or placed
23on the floor or building walking surface as a decorative or
24functional building interior or exterior feature, and (iii)
25primarily constructed of a top visible surface of synthetic



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1face fibers or yarns or tufts attached to a backing system
2derived from synthetic or natural materials. "Carpet"
3includes, but is not limited to, a commercial or residential
4broadloom carpet, modular carpet tiles, and artificial turf.
5"Carpet" includes a pad or underlayment used in conjunction
6with a carpet. "Carpet" does not include handmade rugs, area
7rugs, or mats.
8    "Carpet recovery" means the process by which old carpet is
9collected, processed, and returned to the economic mainstream
10in the form of raw materials or products. "Carpet recovery" is
11further defined to include only those pounds of old carpet
12that are an output of a processor destined for an end market or
13carpet reutilization and is not meant to mean the gross input
14pounds of old carpet accepted by a processor. "Carpet
15recovery" does not include energy recovery or energy
16generation by means of combusting old carpet, and it does not
17include any disposal or use of old carpet within the permitted
18boundaries of a municipal solid waste landfill unit.
19    "Carpet recovery rate" means the percentage of old carpet
20that is an output of a processor destined for carpet recovery
21or reutilization and is computed by dividing the amount of old
22carpet that is an output of a processor destined for carpet
23recovery or reutilization by the total amount of old carpet
24that is generated over a program year. To determine the annual
25carpet recovery rates required by this Act the amount of old
26carpet generated shall be calculated using an industry



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1standard calculation based on annual sales, replacement rate,
2and the average weight of carpet.
3    "Carpet reutilization" means donating or selling an old
4carpet back into the market for its original intended use,
5when the old carpet retains its original purpose and
6performance characteristics.
7    "Carpet stewardship program" means a statewide program for
8the collection of old carpet and environmentally sound
9management of old carpet that is funded by producers and
10established and operated by the clearinghouse.
11    "Clearinghouse" means the entity incorporated as a
12nonprofit within the meaning of 26 U.S.C. 501 representing
13carpet producers, and other designated representatives who are
14cooperating with one another to collectively establish and
15operate a carpet recovery and carpet reutilization program for
16old carpet for the purpose of complying with this Act.
17    "Clearinghouse plan" means a single, detailed plan
18prepared by the clearinghouse that includes all the
19information required by this Act.
20    "Clearinghouse program" means a statewide program for the
21collection of old carpet and environmentally sound management
22of old carpet that is financed by producers and established
23and operated by the clearinghouse.
24    "Collection" means any method of consolidating and
25temporarily storing old carpet.
26    "Collection site" means a site managed by a



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1clearinghouse-approved collector to collect and temporarily
2store old carpet as provided by this Act.
3    "Collector" means any public or private entity approved by
4the clearinghouse that provides old carpet collection
6    "Comptroller" means the Comptroller of the State of
8    "Consumer" means any person who makes a purchase at
10    "Distributor" or "wholesaler" means a person who buys or
11otherwise acquires carpet from another source and sells or
12offers to sell that carpet to retailers in this State.
13    "Installer" means any person or entity contracted for the
14purpose of installing flooring where old carpet is removed.
15    "Nylon carpet" means carpet made with a uniform face fiber
16made with either nylon 6 or nylon 6,6.
17    "Old carpet" means carpet that is no longer used for its
18manufactured purpose.
19    "Person" means any individual, partnership,
20co-partnership, firm, company, corporation, association, joint
21stock company, trust, estate, political subdivision, State
22agency, or any other legal entity, or their legal
23representative, agent, or assign.
24    "PET carpet" means carpet made from polyethylene
26    "Polypropylene carpet" means carpet made from



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2    "Processor" means a public or private entity approved by
3the clearinghouse to prepare old carpet for reutilization,
4recovery, or disposal that uses industry recognized processes,
5such as shredding, grinding, sheering, depolymerization, or
6other methods recognized by the clearinghouse, to convert old
7carpet into finished recovered output ready to be used as an
8input material for secondary products.
9    "Producer" means a person who manufactures carpet that is
10sold, offered for sale, or distributed in this State. Producer
11includes any person who imports carpet into the United States
12that is sold, offered for sale, or distributed in this State
13and that is manufactured by a person who does not manufacture
14the carpet in the United States. "Producer" does not include a
15retailer that trademarks or brands carpet that is sold,
16offered for sale, or distributed in this State that is
17manufactured by a person other than the retailer.
18    "Program year" means a calendar year. The first program
19year is 2024.
20    "PTT carpet" means carpet made from polytrimethylene
22    "Retailer" means any person engaged in the business of
23making sales at retail that generate occupation or use tax
24revenue. "Retailer" does not include a distributor, producer,
25or wholesaler, as those terms are defined in this Section.
26    "Roll-off dumpster" means a waste container that holds at



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1least 40 cubic yards of waste.
2    "Sale" or "sell" means a transfer of title to carpet for
3consideration, including a remote sale conducted through a
4sales outlet, catalogue, website, or similar electronic means.
5"Sale" or "sell" includes a lease through which carpet is
6provided to a consumer by a producer, distributor, or
8    "Semitrailer" means any vehicle without motive power,
9other than a pole trailer, designed for carrying persons or
10property and for being drawn by a motor vehicle and so
11constructed that some part of its weight and that of its load
12rests upon or is carried by another vehicle.
13    "Sorter" means a public or private entity approved by the
14clearinghouse that performs the sorting of old carpet for
15third-party carpet recovery or carpet reutilization.
16    "Sorting" means the method used for sorting old carpet
17into its various backing types or fiber types for carpet
18recovery or carpet reutilization.
19    "Wool carpet" means carpet made from wool.
20    Section 15. Formation, duties, and powers of the
22    (a) Within 60 days after the effective date of this Act,
23the Director of the Agency shall appoint the following members
24to the clearinghouse, which shall be incorporated as a
25nonprofit, to administer and implement the carpet stewardship



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1program, and the Director of the Agency shall attempt to
2appoint members that reflect the racial and gender diversity
3of this State:
4        (1) one individual who is a representative of a
5    statewide association representing retailers;
6        (2) two individuals who are representatives of carpet
7    producers;
8        (3) one individual who is a representative of a
9    national association representing manufacturers of carpet;
10        (4) two individuals who are representatives of carpet
11    processors;
12        (5) two individuals who are representatives of a
13    statewide association representing waste disposal
14    companies;
15        (6) two individuals who are representatives of
16    environmental organizations;
17        (7) two individuals who are representatives of county
18    or municipal joint action agency waste management
19    programs;
20        (8) one individual who is a representative of a
21    company that utilizes old carpet to manufacture a new
22    product, not including new carpet; and
23        (9) one individual who is a representative of an
24    association representing installers of carpet.
25    (b) Members of the clearinghouse shall serve without
26compensation but shall be reimbursed for travel expenses and



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1any other contingent expenses related to the formation of the
2clearinghouse as a legal and functioning entity as part of the
3budget for the clearinghouse program approved in the
4clearinghouse plan. Members shall serve on the clearinghouse
5until a successor is appointed and qualified.
6    (c) The clearinghouse's duties include, but are not
7limited to:
8        (1) selection of a Chairperson, Vice-Chairperson,
9    Secretary, and Treasurer, the creation of bylaws, and
10    organizing itself into committees to implement this Act;
11        (2) incorporating itself as a 501c(3) nonprofit
12    organization and establishing financial accounts for use
13    by the clearinghouse under this Act;
14        (3) preparing the clearinghouse plan, and any required
15    amendments, in compliance with this Act;
16        (4) implementing the clearinghouse plan;
17        (5) submitting to the Agency in the clearinghouse plan
18    a funding mechanism that will generate sufficient funds to
19    implement the clearinghouse plan and meet the performance
20    goals established in paragraph (12) of subsection (a) of
21    Section 25; in determining the level of funding necessary
22    the clearinghouse may take into account program costs in
23    other jurisdictions' approved carpet stewardship plans,
24    annual reports, audits, and other information;
25        (6) approving collectors, sorters, and processors to
26    provide services under this Act;



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1        (7) creating and administering a grant program to
2    assist in covering the costs to collect, process, or
3    market old carpet for carpet reutilization or carpet
4    recovery;
5        (8) being responsible for meeting the performance
6    goals specified by this Act;
7        (9) submitting annual program reports as required by
8    this Act; and
9        (10) overseeing an annual audit conducted by a
10    third-party entity of the carpet stewardship program's
11    revenues and expenditures, and reporting those findings to
12    the Comptroller.
13    (d) The clearinghouse shall hire a director and necessary
14staff within 150 days after the effective date of this Act,
15which shall be funded as part of the budget for the
16clearinghouse program approved in the clearinghouse plan.
17    Section 20. Carpet stewardship program and sale
19    (a) For all carpet sold in this State, the clearinghouse
20shall implement, and producers shall finance, a statewide
21carpet stewardship program that: manages carpet by reducing
22its waste generation; promotes its carpet recovery and carpet
23reutilization; and provides for negotiation and execution of
24agreements to collect, transport, process, or market the old
25carpet for end-of-life carpet recovery or carpet



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2    (b) On and after January 1, 2023, a producer or
3distributor may not offer for sale any carpet to any person in
4this State unless the producer has registered with the Agency
5and has provided its share of funding, on an annual basis,
6necessary to implement the clearinghouse plan as approved by
7the Agency pursuant to Section 45 and is subject to penalties
8under Section 70.
9    Section 25. Clearinghouse plan.
10    (a) By July 1, 2023 and by July 1 every 3 years thereafter,
11beginning with program year 2024, the clearinghouse shall
12submit a 3-year plan to the Agency and receive approval of the
13plan. The clearinghouse plan shall include, at a minimum, each
14of the following:
15        (1) Certification that the carpet stewardship program
16    will accept for collection all old carpet, regardless of
17    type or which producer manufactured the product and its
18    individual components.
19        (2) Contact information for each individual
20    representing the clearinghouse, designation of a program
21    manager responsible for administering the program in this
22    State, a list of all producers participating in the carpet
23    stewardship program, and the brands covered by the product
24    stewardship program.
25        (3) A description of the methods by which old carpet



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1    will be collected in this State, including an explanation
2    of how the collection system will achieve a convenience
3    standard of having collection sites in all counties with a
4    population density of greater than or equal to 100
5    individuals per square mile in this State by January 1,
6    2024 for program year 2024, and all counties with a
7    population density of greater than or equal to 50
8    individuals per square mile for program year 2025 and
9    thereafter.
10        (4) An evaluation, beginning with the second 3-year
11    plan submitted by July 1, 2026, of the feasibility and
12    cost of expanding the convenience standard to at least one
13    collection site in every county in the State.
14        (5) A description of how the adequacy of the
15    collection program will be monitored, evaluated, and
16    maintained.
17        (6) The names and locations of collectors, sorters,
18    and processors who have been approved by the clearinghouse
19    to manage old carpet.
20        (7) A description of how the old carpet and the
21    products' components will be safely and securely
22    transported, tracked, and handled from collection through
23    final carpet recovery and processing.
24        (8) A description of the methods to be used to
25    reutilize, deconstruct, or recover old carpet to ensure
26    that the products' components, to the extent feasible, are



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1    transformed or remanufactured into finished products for
2    use.
3        (9) A description of the methods to be used to manage
4    or dispose of old carpet that cannot be carpet recovered
5    or carpet reutilized.
6        (10) A description of the promotion and outreach
7    activities and proposed budget that will be used to
8    encourage participation in the collection and carpet
9    recovery programs and how the activities' effectiveness
10    will be evaluated and the program modified, if necessary.
11        (11) Certification that any person who may be involved
12    in collection, handling, or disposal operations possesses
13    adequate insurance, as determined by the clearinghouse,
14    including, but not limited to, workers compensation and
15    liability coverage.
16        (12) A 3-year rolling performance goal, including an
17    estimate of the percentage of old carpet that will be
18    collected, carpet reutilized, and carpet recovered during
19    each of the next 3 years of the stewardship plan, with a
20    minimum goal of achieving a 25% carpet recovery rate by
21    December 31, 2026. The performance goals shall include a
22    specific goal for the amount of old carpet that will be
23    collected, carpet recovered, and carpet reutilized during
24    each year of the plan.
25        The clearinghouse shall achieve a carpet recovery rate
26    goal of 50% by December 31, 2029 for the 3-year plan period



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1    beginning January 1, 2027. Thereafter, the clearinghouse
2    shall establish a carpet recovery rate goal for each
3    subsequent 3-year plan period by March 1 of the calendar
4    year preceding the first year of that 3-year plan period.
5        (13) A discussion of the status of end markets for old
6    carpet and what, if any, additional end markets are needed
7    to improve the functioning of the program.
8        (14) A discussion of carpet design and manufacturing
9    changes that the producers are considering or have
10    implemented in order to reduce toxicity, water use, or
11    energy use associated with the production of carpet and
12    efforts to increase the recoverable content,
13    recoverability, or carpet longevity.
14        (15) A funding mechanism that demonstrates sufficient
15    producer funding to carry out the plan, including the
16    administrative, operational, and capital costs of
17    implementing the plan, and payment of incentive payments
18    to carpet collectors, processors, and end use markets to
19    assist with the implementation of this Act.
20        (16) Annual budgets showing revenue and expenditure
21    projections for the current program year and projected for
22    the next 2 years of the program.
23        (17) A process by which the financial activities of
24    the clearinghouse that are related to the implementation
25    of the plan shall be subject to an annual independent
26    audit, conducted by a third party, which shall be reviewed



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1    by the Comptroller.
2        (18) A description of an educational program and
3    materials that shall be implemented and used to train
4    operators of collection sites on how to properly collect
5    old carpet and reduce contamination. At no time shall a
6    collection site be subject to a fine or extra charge for
7    contamination by either the clearinghouse or a carpet
8    processor. However, collection sites that continue to ship
9    contaminated old carpet to processors may be removed from
10    the stewardship program by the clearinghouse.
11        (19) Baseline information, for the most current year
12    for which data is available, on the amount of square feet
13    and pounds of carpet sold in this State, by type of polymer
14    or non-polymer material used to make the carpet.
15        (20) A discussion of the feasibility, cost, and
16    effectiveness of labeling the backside of new carpet with
17    the polymer type or non-polymer material used to
18    manufacture the carpet to assist processors in more easily
19    identifying the type of old carpet collected for
20    processing.
21        (21) A description of the program that shall be
22    implemented to train carpet installers on how to properly
23    manage old carpet so that it can be carpet reutilized or
24    carpet recovered under this Act, including, but not
25    limited to, the development of videos and written
26    materials regarding the carpet recovery program.



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1    (b) An update to the plan shall be submitted, at a minimum,
2every 3 years, or if the clearinghouse determines that a plan
3update is needed, prior to the minimum of once every 3 years.
4    (c) If the clearinghouse determines that any proposed
5significant changes or modifications to the plan or its
6implementation are needed, within 30 days of that
7determination the clearinghouse shall submit to the Agency a
8written plan update for review and approval in accordance with
9Section 30.
10    Section 30. Review and approval of the clearinghouse plan
11and plan updates.
12    (a) After receipt of a proposed plan or plan update, the
13Agency shall determine whether the plan or plan update
14complies with Section 25. If the Agency determines that the
15plan or plan update complies with Section 25, the Agency shall
16notify the clearinghouse of the plan or plan update approval
17in writing within 90 days of receipt of the plan or plan
18update. If the Agency determines that the plan or plan update
19does not comply with Section 25, the Agency shall notify the
20clearinghouse of the plan or plan update rejection in writing
21within 90 days of receipt of the plan or plan update and
22include the reasons why the plan or plan update does not comply
23with Section 25. The clearinghouse shall submit a revised plan
24to the Agency within 60 days after receiving a notice of
25rejection. Any proposed changes to a plan or plan update must



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1be reviewed and approved by the Agency in accordance with this
2subsection (a).
3    (b) The clearinghouse plan and plan updates approved by
4the Agency shall be placed on the Agency's website and made
5available at the Agency's headquarters for public review in
6accordance with the Freedom of Information Act.
7    Section 32. Implementation of clearinghouse plan. The
8clearinghouse shall implement the clearinghouse plan
9components under subsection (a) of Section 25 upon approval of
10the clearinghouse plan or plan update by the Agency under
11Section 30. The clearinghouse shall monitor the implementation
12of the clearinghouse plan and shall have the authority to
13require specific action by its director and staff to meet the
14clearinghouse plan implementation requirements under this
16    Section 36. Collection of old carpet.
17    (a) No later than June 1, 2024, in any county with a
18population of greater than 200,000 people, any installer
19engaged in removing old carpet from a residence or business
20shall transport, or contract to transport, all old carpet to a
21clearinghouse-approved old carpet collection site as defined
22in Section 10.
23    (b) Approved carpet collection sites as defined in Section
2410 shall ensure that old carpet is collected in the prescribed



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1conditions required by the clearinghouse plan. The conditions
2must also include, but are not limited to, the following
4        (1) Old carpet must be kept in a location that allows
5    it to remain dry at all times.
6        (2) Containers holding collected old carpet must be
7    free of all non-carpet discarded waste items.
8        (3) Prior to shipment to a processor, containers
9    holding discarded carpet must be filled to the following
10    minimum standards:
11            (A) Roll-off dumpsters shall be filled to a
12        minimum of 8 tons.
13            (B) Semitrailers shall be filled to a minimum of
14        13 tons.
15        (4) Approved collection sites must permit an approved
16    processor's prescribed container to be housed on site for
17    loading by the collector for pickup at the collection
18    site.
19    (c) Any approved collection site that has collected old
20carpet as prescribed by the clearinghouse plan and whose full
21container volume is not removed by a registered processor upon
223-business day's electronic notice to the processor stating
23that collected old carpet is ready for removal may dispose of
24that container's contents in a landfill.
25    Section 37. Economic support for approved carpet



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1collection sites. The clearinghouse program shall pay approved
2old carpet collection sites for costs, services, and
3infrastructure improvements as follows:
4        (1) Reimbursement for reasonable costs, as
5    pre-approved by the clearinghouse, to adapt sites for old
6    carpet collection as required by this Act, including, but
7    not limited to, one-time costs for constructing the needed
8    structure to make the collection of carpet safe and
9    convenient, and to ensure adequate room to maneuver old
10    carpet collection equipment in such a manner so as to not
11    disrupt the normal flow of activity at the collection
12    site.
13        (2) A recovery fee equivalent to $20 per ton for all
14    old carpet collected that is subject to this Act and
15    loaded into trailers at the collector's site in accordance
16    with subsection (b) of Section 36.
17        (3) Approved carpet collection sites located at waste
18    transfer or waste disposal facilities permitted by the
19    Agency may, at their discretion, charge the generator of
20    such discarded carpet customary and proprietary collection
21    and disposal fees.
22        (4) Approved carpet collection sites may not charge a
23    processor any fee for removal of carpet discarded from the
24    collection site location.
25        (5) Economic support for approved carpet collectors
26    under this Section shall be reviewed by the clearinghouse



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1    every 3 years as clearinghouse plans are submitted to the
2    Agency.
3    Section 40. State action antitrust exemption. Each
4producer and the clearinghouse shall be immune from liability
5for any claim of violation of antitrust law or unfair trade
6practice if the conduct is a violation of antitrust law, to the
7extent the producer or clearinghouse is exercising authority
8under the provisions of this Act.
9    Section 45. Requirements applicable to producers.
10    (a) On and after January 1, 2023, producers of carpet
11shall provide funding to the clearinghouse sufficient to cover
12the administrative costs of establishing the clearinghouse in
13calendar year 2023 and annually thereafter to cover the costs
14of developing and implementing the clearinghouse plan. The
15funding mechanism:
16        (1) shall take into account the financial burden that
17    blended carpet, nylon carpet, PET carpet, polypropylene
18    carpet, and wool carpet have on the clearinghouse program
19    costs;
20        (2) shall be differentiated by the type of material,
21    recycling cost, recycling content, and other qualities
22    related to toxicity, resource use, and recyclability;
23        (3) shall ensure an equitable and efficient allocation
24    of financial responsibility among producers; and



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1        (4) shall be at a level approved by the Agency as
2    sufficient to cover the annual costs of the clearinghouse
3    program, and if the Agency determines the level of funding
4    from the producers is not adequate it may request that the
5    Joint Committee on Administrative Rules approve additional
6    funding from the producers.
7    (b) The amount that each producer pays to fund the
8clearinghouse program on an annual basis shall be considered
9proprietary information that is privileged or confidential and
10shall not be disclosed to the clearinghouse or the public.
11However, in order to determine if each producer is paying its
12proper share, an independent professional accounting firm
13shall be hired by the clearinghouse to review the payments and
14verify that the funding provided by each producer is in
15compliance with the funding mechanism agreed to by the
17    (c) Producers, working with the clearinghouse, shall
18provide consumers with educational materials regarding the
19clearinghouse program. The materials shall include information
20regarding available end-of-life management options for old
21carpet offered through the carpet stewardship program.
22    (d) Producers who sell carpet in this State shall register
23with the clearinghouse by October 1, 2023 and annually
24thereafter for as long as that producer sells carpet in this
25State. For the first year of registration, a producer shall
26pay a registration fee of $25,000 to the clearinghouse, the



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1amount of which may be deducted from the producer's quarterly
2assessment due to the clearinghouse until such time that the
3producer's assessment due exceeds the total cost of the
4registration fee.
5    Section 50. Requirements applicable to retailers and
7    (a) On and after January 1, 2023, no carpet may be sold in
8this State unless the carpet's producer has registered with
9the clearinghouse under subsection (d) of Section 45.
10    (b) Any retailer or distributor may participate, on a
11voluntary basis, as a designated collection point under a
12product stewardship program and in accordance with applicable
14    (c) No retailer or distributor shall be found to be in
15violation of this Section if, on the date the carpet was
16ordered from the producer or its agent, the producer was
17registered on the clearinghouse's website in accordance with
18this Act.
19    (d) Retailers shall provide consumers with educational
20materials, developed by producers and the clearinghouse, that
21shall include, but are not limited to, information that (i)
22regards available end-of-life management options for old
23carpet, and (ii) notifies the consumer of the importance of
24carpet recovery.



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1    Section 55. Posting of information.
2    (a) Beginning March 1, 2023, and annually thereafter, the
3clearinghouse shall post on its website the list of carpet
4producers that registered with the clearinghouse, in
5accordance with subsection (d) of Section 45.
6    (b) Beginning January 1, 2024, and annually thereafter,
7for the benefit of assisting consumers who wish to find
8collection sites for recovering carpet, the Agency shall post
9on its website the location of all collection sites identified
10to the Agency by the clearinghouse in its plans and annual
12    (c) Beginning May 1, 2025, and annually thereafter, the
13Agency shall post on its website copies of the annual reports.
14    Section 60. Annual stewardship reports.
15    (a) By April 1, 2025, and by April 1 of each year
16thereafter, the clearinghouse shall submit a report to the
17Agency that includes, for the previous program year, a
18description of the carpet stewardship program, including, but
19not limited to, the following:
20        (1) the amount of carpet sold by square feet and
21    pounds in this State during the reporting period by
22    polymer type or non-polymer material;
23        (2) a description of the methods used to collect,
24    transport, and process old carpet in regions of this
25    State, and a listing of the persons used to collect,



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1    transport, and process old carpet;
2        (3) identification of all old carpet collection sites
3    in this State and whether the requirement of paragraph (3)
4    of subsection (a) of Section 25 has been met;
5        (4) the weight of all old carpet collected and carpet
6    reutilized or carpet recovered in all regions of this
7    State, a comparison to the performance goals and carpet
8    recovery rates established in the clearinghouse plan, and,
9    if appropriate, an explanation stating the reason or
10    reasons performance goals were not met;
11        (5) the weight of old carpet collected in this State
12    but not carpet reutilized or carpet recovered and its
13    ultimate disposition, and a comparison to the performance
14    goals in the clearinghouse 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 producers' funding mechanism
21    and its ability to properly fund the implementation of the
22    clearinghouse plan, including whether the incentive
23    payments to collectors, processors, and end markets for
24    managing carpet are adequate to ensure that the old carpet
25    can be carpet reutilized or carpet recovered under the
26    program;



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1        (9) identification of the facilities processing
2    carpet, the weight processed at each facility, and each
3    facility's processing capacity;
4        (10) an evaluation of the effectiveness of the
5    clearinghouse plan, and anticipated steps, if needed, to
6    improve performance;
7        (11) a discussion of progress made toward achieving
8    carpet design changes according to paragraph (14) of
9    subsection (a) of Section 25; and
10        (12) samples of educational materials provided to
11    consumers and carpet installers, and an evaluation of the
12    effectiveness of the materials and the methods used to
13    disseminate the materials. The evaluation shall include,
14    but shall not be limited to, information on the number of
15    consumers and carpet installers that received or viewed
16    the educational materials, and any consumer and carpet
17    installer survey data that may have been collected
18    regarding the educational materials used.
19    Section 65. Administrative fee.
20    (a) The clearinghouse shall pay the Agency an annual
21administrative fee of not less than $200,000 and not more than
22$500,000, the amount of which shall be mutually agreed upon by
23the Agency and the clearinghouse for expenses consistent with
24the Agency's responsibilities under this Act and shall be
25included in the annual budget for the clearinghouse plan. The



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1clearinghouse shall reimburse the Comptroller for costs
2related to reviewing the annual carpet stewardship program
4    (b) The clearinghouse shall pay the Agency's
5administrative fee under subsection (a) on or before January
61, 2024, and annually thereafter. The clearinghouse shall
7reimburse the Comptroller for its costs within 60 days of
8receiving notice from the Comptroller.
9    (c) The Agency shall deposit the fees collected under this
10Section into the Solid Waste Management Fund.
11    Section 70. Enforcement.
12    (a) On and after January 1, 2023, no producer,
13distributor, or retailer shall sell or offer for sale carpet
14to any person in this State if the producer of the carpet is
15not registered with the Agency or has not remitted adequate
16funding pursuant to Section 45.
17    (b) No retailer or distributor shall be found in violation
18of the provisions of subsection (a) if, on the date the carpet
19was ordered from the producer or its agent, the producer was
20listed on the clearinghouse's website in accordance with the
21provisions of subsection (a) of Section 55.
22    (c) The Attorney General or the State's Attorney of the
23county in which the violation occurred are authorized to seek
24a civil penalty in the amount of $5,000 per day for each
25violation against any producer who violates the registration



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1requirements under subsection (d) of Section 45 or who fails
2to remit the assessment under Section 45.
3    (d) The Attorney General or the State's Attorney of the
4county in which the violation occurred are authorized to seek
5a civil penalty in the amount of $5,000 per day for each
6violation against any producer, distributor, or retailer who
7sells or offers for sale carpet to any person in this State if
8the producer of the carpet is not registered with the
9clearinghouse under subsection (d) of Section 45 or has not
10remitted the required funding under Section 45.
11    (e) The penalties provided for in this Section may be
12recovered in a civil action. Any penalties collected under
13this Section in an action in which the Attorney General has
14prevailed shall be deposited in the Environmental Protection
15Trust Fund, to be used in accordance with the provisions of the
16Environmental Protection Trust Fund Act.
17    (f) The State's Attorney of the county in which the
18violation occurred, or the Attorney General, may, at the
19request of the Agency or on his or her own motion, institute a
20civil action for an injunction, prohibitory or mandatory, to
21restrain violations of this Act or to require such other
22actions as may be necessary to address violations of this Act.
23    (g) The State's Attorney of the county in which the
24violation occurred, or the Attorney General, may, at the
25request of the Agency or on his or her own motion, institute a
26civil action for an injunction, prohibitory or mandatory, to



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1restrain violations of this Act, any rule or regulation
2adopted under this Act, any permit or to require such other
3actions as may be necessary to address violations of this Act
4or any rule or regulation adopted under this Act.
5    (h) Nothing in this Act prohibits a retailer or
6distributor from selling their inventory of carpet existing
7prior to January 1, 2023.
8    (i) Nothing in this Act mandates or otherwise requires and
9nothing in the clearinghouse plan shall mandate or otherwise
10require participation of the waste disposal industry in the
11carpet stewardship program created by this Act.
12    Section 75. State procurement of carpet. Beginning on
13January 1, 2025, at least 35% of carpet purchased by State
14agencies shall be carpet with a minimum of 10% post-consumer
15recovered content by weight from old carpet and comply with
16the National Science Foundation/American National Standards
17Institute (NSF/ANSI) 140-2009 Standard, Platinum Level or the
18most current version in effect as provided by the American
19National Standards Institute. The carpet shall be purchased
20from a carpet producer with a third-party certified closed
21loop recovering facility. Thereafter, those purchases shall
22increase by a rate of 10% per year until it reaches 75%. Prior
23to January 1, 2025, the clearinghouse shall provide a report
24to the Illinois Department of Central Management Services on
25the other types of products that contain reutilized carpet as



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1a feedstock that the State should consider purchasing.
2    Section 99. Effective date. This Act takes effect upon
3becoming law.