Illinois General Assembly - Full Text of SB1091
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1091  102nd General Assembly

SB1091sam001 102ND GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 4/16/2021

 

 


 

 


 
10200SB1091sam001LRB102 04914 CPF 25353 a

1
AMENDMENT TO SENATE BILL 1091

2    AMENDMENT NO. ______. Amend Senate Bill 1091 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Carpet Stewardship 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    recycled in this State at a carpet recycling rate
16    estimated to be less than 1%, compared to a 19% carpet

 

 

10200SB1091sam001- 2 -LRB102 04914 CPF 25353 a

1    recycling rate for 2019 in California, which has enacted
2    Extended Producer Responsibility legislation for carpet.
3        (3) Carpet recycling can be significantly expanded by
4    utilizing an Extended Producer Responsibility approach
5    which will lead to job creation through the collection,
6    processing, and marketing of old carpet and padding. In
7    California, this approach has created approximately 150
8    direct jobs.
9        (4) According to the U.S. Environmental Protection
10    Agency, the carpet recycling of old carpet has a positive
11    impact on the reduction of greenhouse gases when compared
12    to the landfilling or incineration of old carpet, which
13    increases the generation of greenhouse gases.
 
14    Section 10. Definitions. In this Act:
15    "Agency" means the Illinois Environmental Protection
16Agency.
17    "Blended carpet" means carpet with a nonuniform face
18fiber, which is manufactured with multiple polymer types,
19fiber types, or both, in the face of the constructed material.
20    "Brand" means a name, symbol, word, or mark that
21identifies the carpet, rather than its components, and
22attributes the product to the owner or licensee of the brand as
23the producer.
24    "Carpet" means a manufactured article that is (i) used in
25commercial buildings or single or multifamily residential

 

 

10200SB1091sam001- 3 -LRB102 04914 CPF 25353 a

1buildings, (ii) affixed or placed on the floor or building
2walking surface as a decorative or functional building
3interior or exterior feature, and (iii) primarily constructed
4of a top visible surface of synthetic face fibers or yarns or
5tufts attached to a backing system derived from synthetic or
6natural materials. "Carpet" includes, but is not limited to, a
7commercial or residential broadloom carpet, modular carpet
8tiles, and artificial turf. "Carpet" includes a pad or
9underlayment used in conjunction with a carpet. "Carpet" does
10not include handmade rugs, area rugs, or mats.
11    "Carpet recycling" means the process by which old carpet
12is collected, processed, and returned to the economic
13mainstream in the form of raw materials or products. "Carpet
14recycling" is further defined to include only those pounds of
15old carpet that are an output of a recycling facility destined
16for an end market or carpet reuse and is not meant to mean the
17gross input pounds of old carpet accepted by a recycling
18facility. "Carpet recycling" does not include energy recovery
19or energy generation by means of combusting old carpet, and it
20does not include any disposal or use of old carpet within the
21permitted boundaries of a municipal solid waste landfill unit.
22    "Carpet recycling rate" means the percentage of old carpet
23that is an output of a recycling facility destined for an end
24market or carpet reuse by the total amount of old carpet that
25is generated over a program year. To determine the annual
26carpet recycling rates required by this Act the amount of old

 

 

10200SB1091sam001- 4 -LRB102 04914 CPF 25353 a

1carpet generated shall be calculated using an industry
2standard calculation based on annual sales, replacement rate,
3and the average weight of carpet.
4    "Carpet reuse" means donating or selling an old carpet
5back into the market for its original intended use, when the
6old carpet retains its original purpose and performance
7characteristics.
8    "Clearinghouse" means the entity incorporated as a
9nonprofit within the meaning of 26 U.S.C. 501 representing
10carpet producers, and other designated representatives who are
11cooperating with one another to collectively establish and
12operate an old carpet carpet recycling and carpet reuse
13program for the purpose of complying with this Act.
14    "Clearinghouse plan" means a single, detailed plan
15prepared by the clearinghouse that includes all the
16information required by this Act.
17    "Collection" means any method of consolidating and
18temporarily storing old carpet.
19    "Collection site" means a site managed by a
20clearinghouse-approved collector to collect and temporarily
21store old carpet as provided by this Act.
22    "Collector" means any public or private entity approved by
23the clearinghouse that provides old carpet collection
24services.
25    "Comptroller" means the Comptroller of the State of
26Illinois.

 

 

10200SB1091sam001- 5 -LRB102 04914 CPF 25353 a

1    "Consumer" means any person who makes a purchase at
2retail.
3    "Distributor" or "wholesaler" means a person who buys or
4otherwise acquires carpet from another source and sells or
5offers to sell that carpet to retailers in this State.
6    "Installer" means any person or entity contracted for the
7purpose of installing flooring where old carpet is removed.
8    "Nylon carpet" means carpet made with a uniform face fiber
9made with either nylon 6 or nylon 6,6.
10    "Old carpet" means carpet that is no longer used for its
11manufactured purpose.
12    "Person" means any individual, partnership,
13co-partnership, firm, company, corporation, association, joint
14stock company, trust, estate, political subdivision, State
15agency, or any other legal entity, or their legal
16representative, agent, or assign.
17    "PET carpet" means carpet made from polyethylene
18terephthalate.
19    "Polypropylene carpet" means carpet made from
20polypropylene.
21    "Processor" means a public or private entity approved by
22the clearinghouse to prepare old carpet for reuse, recycling,
23or disposal that uses industry recognized processes, such as
24shredding, grinding, sheering, depolymerization, or other
25methods recognized by the clearinghouse, to convert old carpet
26into finished recycled output ready to be used as an input

 

 

10200SB1091sam001- 6 -LRB102 04914 CPF 25353 a

1material for secondary products.
2    "Producer" means a person who manufactures carpet that is
3sold, offered for sale, or distributed in this State. Producer
4includes any person who imports carpet into the United States
5that is sold, offered for sale, or distributed in this State
6and that is manufactured by a person who does not manufacture
7the carpet in the United States. "Producer" does not include a
8retailer that trademarks or brands carpet that is sold,
9offered for sale, or distributed in this State that is
10manufactured by a person other than the retailer.
11    "Program year" means a calendar year. The first program
12year is 2023.
13    "PTT carpet" means carpet made from polytrimethylene
14terephthalate.
15    "Retailer" means any person engaged in the business of
16making sales at retail that generate occupation or use tax
17revenue. "Retailer" does not include a distributor, producer,
18or wholesaler, as those terms are defined in this Section.
19    "Roll-off dumpster" means a waste container that holds at
20least 40 cubic yards of waste.
21    "Sale" or "sell" means a transfer of title to carpet for
22consideration, including a remote sale conducted through a
23sales outlet, catalog, website, or similar electronic means.
24"Sale" or "sell" includes a lease through which carpet is
25provided to a consumer by a producer, distributor, or
26retailer.

 

 

10200SB1091sam001- 7 -LRB102 04914 CPF 25353 a

1    "Semitrailer" means any vehicle without motive power,
2other than a pole trailer, designed for carrying persons or
3property and for being drawn by a motor vehicle and so
4constructed that some part of its weight and that of its load
5rests upon or is carried by another vehicle.
6    "Sorter" means a public or private entity approved by the
7clearinghouse that performs the sorting of old carpet for
8third-party reuse.
9    "Sorting" means the method used for sorting old carpet
10into its various backing types or fiber types.
11    "Stewardship assessment" means the amount added to the
12purchase price of carpet sold in this State that is necessary
13to cover the cost of collecting, transporting, processing and
14marketing old carpet by the clearinghouse pursuant to the
15clearinghouse plan, and shall not be used to pay for any fines
16or penalties levied pursuant to this Act or for the final
17disposal or incineration of old carpet.
18    "Wool carpet" means carpet made from wool.
 
19    Section 15. Formation, duties and powers of the
20Clearinghouse.
21    (a) To administer the carpet stewardship program a
22clearinghouse shall be incorporated as a nonprofit, and shall
23consist of the following members, to be appointed by the
24Director of the Agency:
25        (1) one individual who is a representative of a

 

 

10200SB1091sam001- 8 -LRB102 04914 CPF 25353 a

1    statewide association representing retailers;
2        (2) two individuals who are representatives of carpet
3    producers;
4        (3) one individual who is a representative of a
5    national association representing manufacturers of carpet;
6        (4) two individuals who are representatives of carpet
7    recyclers;
8        (5) two individuals who are representatives of a
9    statewide association representing waste disposal
10    companies;
11        (6) two individuals who are representatives of
12    environmental organizations;
13        (7) two individuals who are representatives of county
14    or municipal joint action agency waste management
15    programs;
16        (8) one individual who is a representative of a
17    company that utilizes old carpet to manufacture a new
18    product, not including new carpet; and
19        (9) one individual who is a representative of an
20    association representing installers of carpet.
21    (b) Members of the clearinghouse shall serve without
22compensation but shall be reimbursed for travel expenses with
23proceeds from the stewardship assessment, and the Agency shall
24be responsible for monitoring these expenses. Members shall
25serve on the clearinghouse until a successor is appointed and
26qualified.

 

 

10200SB1091sam001- 9 -LRB102 04914 CPF 25353 a

1    (c) The clearinghouse's duties include, but are not
2limited to:
3        (1) preparing the clearinghouse plan, and any required
4    amendments, in compliance with this Act;
5        (2) implementing the clearinghouse plan;
6        (3) approving collectors, sorters, and processors to
7    provide services under this Act;
8        (4) creating and administering a grant program to
9    assist in subsidizing the costs to collect, process, or
10    market old carpet for carpet reuse or carpet recycling;
11        (5) being responsible for meeting the performance
12    goals specified by this Act;
13        (6) submitting annual program reports as required by
14    this Act;
15        (7) submitting to the Agency in the clearinghouse plan
16    any increases or decreases in the stewardship assessment;
17    and
18        (8) overseeing an annual audit of the carpet
19    stewardship program's revenues and expenditures, and
20    reporting those findings to the Comptroller.
21    (d) The clearinghouse may hire a director and necessary
22staff, and may organize itself into committees to implement
23this Act, which shall be funded by the stewardship assessment.
24The Agency shall monitor these expenses.
 
25    Section 20. Carpet stewardship program and sale

 

 

10200SB1091sam001- 10 -LRB102 04914 CPF 25353 a

1requirement.
2    (a) For all carpet sold in this State, the clearinghouse
3shall implement and finance a statewide carpet stewardship
4program that: manages carpet by reducing its waste generation;
5promotes its carpet recycling and carpet reuse; and provides
6for negotiation and execution of agreements to collect,
7transport, process, or market the old carpet for end-of-life
8carpet recycling or carpet reuse.
9    (b) On and after January 1, 2022, a producer or
10distributor that offers carpet for sale in this State is not in
11compliance with this Act and is subject to penalties under
12Section 70 if the carpet stewardship assessment fee is not
13added to the purchase price of the carpet offered for sale
14pursuant to Section 35.
 
15    Section 25. Clearinghouse plan.
16    (a) By July 1, 2022 and by July 1 every 3 years thereafter,
17beginning with program year 2023, the clearinghouse shall
18submit a 3-year plan to the Agency and receive approval of the
19plan. The clearinghouse plan shall include, at a minimum, each
20of the following:
21        (1) Certification that the carpet stewardship program
22    will accept for collection all old carpet, regardless of
23    type or which producer manufactured the product and its
24    individual components.
25        (2) Contact information for each individual

 

 

10200SB1091sam001- 11 -LRB102 04914 CPF 25353 a

1    representing the clearinghouse, designation of a program
2    manager responsible for administering the program in this
3    State, a list of all producers participating in the carpet
4    stewardship program, and the brands covered by the product
5    stewardship program.
6        (3) A description of the methods by which old carpet
7    will be collected in this State, including an explanation
8    of how the collection system will achieve a convenience
9    standard of having collection sites in all counties with a
10    population density of greater than or equal to 100
11    individuals per square mile in this State by January 1,
12    2023 for program year 2023, and all counties with a
13    population density of greater than or equal to 50
14    individuals per square mile for program year 2024 and
15    thereafter.
16        (4) An evaluation, beginning with the second
17    three-year plan submitted by July 1, 2025, of the
18    feasibility and cost of expanding the convenience standard
19    to at least one collection site in every county in the
20    State.
21        (5) A description of how the adequacy of the
22    collection program will be monitored, evaluated, and
23    maintained.
24        (6) The names and locations of collectors, sorters,
25    and processors who have been approved by the clearinghouse
26    to manage old carpet.

 

 

10200SB1091sam001- 12 -LRB102 04914 CPF 25353 a

1        (7) A description of how the old carpet and the
2    products' components will be safely and securely
3    transported, tracked, and handled from collection through
4    final carpet recycling and processing.
5        (8) A description of the methods to be used to reuse,
6    deconstruct, or recycle old carpet to ensure that the
7    products' components, to the extent feasible, are
8    transformed or remanufactured into finished products for
9    use.
10        (9) A description of the methods to be used to manage
11    or dispose of old carpet that cannot be carpet recycled or
12    carpet reused.
13        (10) A description of the promotion and outreach
14    activities and proposed budget that will be used to
15    encourage participation in the collection and carpet
16    recycling programs and how the activities' effectiveness
17    will be evaluated and the program modified, if necessary.
18        (11) Evidence of adequate insurance or financial
19    assurance for any person that may be involved in
20    collection, handling, or disposal operations.
21        (12) A 3-year rolling performance goal, including an
22    estimate of the percentage of old carpet that will be
23    collected, carpet reused, and carpet recycled during each
24    of the next 3 years of the stewardship plan, with a minimum
25    goal of achieving a 25% carpet recycling rate by December
26    31, 2025. The performance goals shall include a specific

 

 

10200SB1091sam001- 13 -LRB102 04914 CPF 25353 a

1    goal for the amount of old carpet that will be collected,
2    carpet recycled, and carpet reused during each year of the
3    plan. The performance goals must be based on:
4            (A) the most recent collection data available for
5        this State;
6            (B) the estimated amount of old carpet disposed of
7        annually;
8            (C) the weight of the old carpet that is expected
9        to be available for collection annually; and
10            (D) actual collection data from other existing
11        carpet stewardship programs.
12        The clearinghouse plan must state the methodology used
13    to determine these goals. By March 1, 2025, the
14    clearinghouse shall establish a recycling rate goal for
15    the 3-year plan period beginning January 1, 2026.
16    Thereafter, the clearinghouse shall establish a carpet
17    recycling rate goal for each subsequent 3-year plan period
18    by March 1 of the calendar year preceding the first year of
19    that 3-year plan period.
20        (13) A discussion of the status of end markets for old
21    carpet and what, if any, additional end markets are needed
22    to improve the functioning of the program.
23        (14) A discussion of carpet design and manufacturing
24    changes that the producers are considering or have
25    implemented in order to reduce toxicity, water use, or
26    energy use associated with the production of carpet and

 

 

10200SB1091sam001- 14 -LRB102 04914 CPF 25353 a

1    efforts to increase the recycled content, recyclability,
2    or carpet longevity.
3        (15) A funding mechanism consistent with Section 35
4    that demonstrates sufficient funding to carry out the
5    plan, including the administrative, operational, and
6    capital costs of the plan, and payment of incentive
7    payments to carpet collectors, processors, and end use
8    markets to assist with the implementation of this Act.
9        (16) Annual budgets showing revenue and expenditure
10    projections for the current program year and projected for
11    the next 2 years of the program.
12        (17) A process by which the financial activities of
13    the clearinghouse that are related to the implementation
14    of the plan shall be subject to an annual independent
15    audit, which shall be reviewed by the Comptroller.
16        (18) A description of an educational program and
17    materials that shall be implemented and used to train
18    operators of collection sites on how to properly collect
19    old carpet and reduce contamination. At no time shall a
20    collection site be subject to a fine or extra charge for
21    contamination by either the clearinghouse or a carpet
22    processor. However, collection sites that continue to ship
23    contaminated old carpet to processors may be removed from
24    the stewardship program by the clearinghouse.
25        (19) Baseline information, for the most current year
26    for which data is available, on the amount of square feet

 

 

10200SB1091sam001- 15 -LRB102 04914 CPF 25353 a

1    and pounds of carpet sold in this State, by type of polymer
2    or non-polymer material used to make the carpet.
3        (20) A discussion of the feasibility, cost, and
4    effectiveness of labeling the backside of new carpet with
5    the polymer type or non-polymer material used to
6    manufacture the carpet to assist processors in more easily
7    identifying the type of old carpet collected for
8    processing.
9        (21) A description of the program that shall be
10    implemented to train carpet installers on how to properly
11    manage old carpet so that it can be carpet reused or carpet
12    recycled pursuant to this Act, including, but not limited
13    to, the development of videos and written materials
14    regarding the carpet recycling program.
15    (b) An update to the plan shall be submitted, at a minimum,
16every 3 years, or if the Agency determines that a plan update
17is needed, prior to the minimum of once every 3 years.
18    (c) The clearinghouse shall notify the Agency within 30
19days of any significant changes or modifications to the plan
20or its implementation. Within 30 days of the notification, a
21written plan revision shall be submitted to the Agency for
22review and approval.
 
23    Section 30. Review and approval of the clearinghouse plan
24and plan updates.
25    (a) Within 90 days after receipt of the proposed plan or

 

 

10200SB1091sam001- 16 -LRB102 04914 CPF 25353 a

1plan update, the Agency shall determine whether the plan or
2plan update complies with Section 25. If the Agency approves a
3plan or plan update, the Agency shall notify the clearinghouse
4of the plan approval in writing within 14 days of receipt. If
5the Agency rejects a plan or plan update, the Agency shall
6notify the clearinghouse in writing of the reasons for
7rejecting the plan within 14 days of receipt. The
8clearinghouse shall submit a revised plan to the Agency within
960 days after receiving notice of rejection. Any proposed
10changes to a plan or plan update must be approved by the Agency
11in writing.
12    (b) The clearinghouse plan and plan updates approved by
13the Agency shall be placed on the Agency's website and made
14available at the Agency's headquarters for public review
15within 30 days of the Agency's approval.
 
16    Section 32. Implementation of clearinghouse plan. The
17clearinghouse shall implement the clearinghouse plan
18components under subsection (a) of Section 25 upon approval of
19the clearinghouse plan or plan update by the Agency under
20Section 30. The Agency shall monitor the clearinghouse's
21implementation of the clearinghouse plan and shall have the
22authority to require specific action by the clearinghouse to
23meets its clearinghouse plan implementation requirements under
24this Section.
 

 

 

10200SB1091sam001- 17 -LRB102 04914 CPF 25353 a

1    Section 35. Carpet stewardship assessment.
2    (a) On and after January 1, 2022 a producer of carpet shall
3add a carpet stewardship assessment fee of 4 cents per square
4foot to the purchase price of nylon carpet, polypropylene
5carpet, and wool carpet, and 6 cents per square foot to the
6purchase price of PET carpet, PTT carpet, and blended carpet
7sold in this State by that producer. The assessment added
8under this Section shall be remitted by the producer on a
9quarterly basis to the clearinghouse. The amount each producer
10pays in assessments shall be considered proprietary
11information that is privileged or confidential and shall not
12be disclosed to the clearinghouse or the public. However, in
13order to determine if each producer is paying the proper
14assessments, an independent professional accounting firm shall
15be hired by the clearinghouse to review and verify the
16quarterly square foot sales data by carpet type provided by
17each producer and the quarterly payments remitted to the
18clearinghouse by each producer.
19    (b) Notwithstanding any provision of law to the contrary,
20the assessment established under this Section is exempt from
21taxes imposed by the Illinois Department of Revenue and shall
22meet the following requirement:
23        (1) The assessment may be added by the producer to the
24    purchase price of all carpet sold by producers to an
25    Illinois retailer or distributor or otherwise sold for use
26    in this State.

 

 

10200SB1091sam001- 18 -LRB102 04914 CPF 25353 a

1    (c) It is the intent of the General Assembly that the
2amount of the assessment fee be reduced by the clearinghouse
3as the carpet stewardship program is implemented over time and
4becomes more efficient.
5    (d) If the amount of the assessment is too low to properly
6fund the carpet stewardship program the clearinghouse may
7adopt rules increasing the assessment fee, which must be
8approved by the Joint Committee on Administrative Rules prior
9to the fee being increased.
10    (e) The assessment shall be lowered if at any time the fee
11generates a fund balance at the end of a program year that is
12greater than one year's operating costs of the carpet
13stewardship program. If a fund balance greater than one year's
14operating cost is reached after the fifth program year, the
15clearinghouse shall adopt rules decreasing the assessment fee,
16which must be approved by the Joint Committee on
17Administrative Rules prior to the fee being decreased.
18     (f) The assessment fee shall be deposited by the
19clearinghouse into an Illinois chartered bank, and if for any
20reason this Act is repealed, the entire assessment fund
21balance shall be transferred by the clearinghouse to the State
22of Illinois to be deposited into the Solid Waste Management
23Fund.
 
24    Section 36. Collection of discarded carpet.
25    (a) No later than June 1, 2023, in any county with a

 

 

10200SB1091sam001- 19 -LRB102 04914 CPF 25353 a

1population of greater than 200,000 people, any installer
2engaged in removing old carpet from a residence or business
3must transport, or contract to transport, all old carpet to a
4clearinghouse-approved old carpet collection site as defined
5in Section 10.
6    (b) Approved carpet collection sites as defined in Section
710 shall ensure that old carpet is collected in the prescribed
8conditions required by the clearinghouse plan. The conditions
9must also include, but are not limited to, the following
10requirements:
11        (1) Old carpet must be kept in a location that allows
12    it to remain dry at all times.
13        (2) Containers holding collected old carpet must be
14    free of all non-carpet discarded waste items.
15        (3) Prior to shipment to a recycler, containers
16    holding discarded carpet must be filled to the following
17    minimum standards:
18            (A) Roll off dumpsters shall be filled to a
19        minimum of 8 tons.
20            (B) Semitrailers shall be filled to a minimum of
21        13 tons.
22        (4) Approved collection sites must permit an approved
23    recycler's prescribed container to be housed on site for
24    loading by the collector for pickup at the collection
25    site.
26    (c) Any approved collection site that has collected old

 

 

10200SB1091sam001- 20 -LRB102 04914 CPF 25353 a

1carpet as prescribed by the clearinghouse plan and whose full
2container volume is not removed by a registered recycler upon
33-business day's electronic notice to the recycler stating
4that collected old carpet is ready for removal may dispose of
5that container's contents in a landfill. For purposes of this
6Act, old carpet collected by a clearinghouse certified entity
7at a regulated waste transfer station or landfill shall not be
8considered as being stored under the terms of any applicable
9waste disposal permit, and shall not impact the status of an
10existing waste disposal permit, until the seventh business day
11after electronic notice has been given to the recycler stating
12that collected old carpet is ready for removal.
 
13    Section 37. Economic support for approved carpet
14collection sites. The clearinghouse shall use revenues from
15the carpet stewardship assessment fee to pay approved old
16carpet collection sites for costs, services, and
17infrastructure improvements as follows:
18        (1) Reimbursement for reasonable costs, as
19    pre-approved by the clearinghouse, to adapt sites for old
20    carpet collection as required by this Act, including, but
21    not limited to, one-time costs for constructing the needed
22    structure to make the collection of carpet safe and
23    convenient, and to ensure adequate room to maneuver old
24    carpet collection equipment in such a manner so as to not
25    disrupt the normal flow of activity at the collection

 

 

10200SB1091sam001- 21 -LRB102 04914 CPF 25353 a

1    site.
2        (2) A recovery fee equivalent to $20 per ton for all
3    old carpet collected that is subject to this Act and
4    loaded into trailers at the collector's site in accordance
5    with subsection (b) of Section 36.
6        (3) Approved carpet collection sites located at waste
7    transfer or waste disposal facilities permitted by the
8    Agency may, at their discretion, charge the generator of
9    such discarded carpet customary and proprietary collection
10    and disposal fees.
11        (4) Approved carpet collection sites may not charge a
12    processor any fee for removal of carpet discarded from the
13    collection site location.
14        (5) Economic support for approved carpet collectors
15    under this Section shall be reviewed every 3 years as
16    clearinghouse plans are submitted to the Agency.
 
17    Section 40. State action antitrust exemption. Each
18producer and the clearinghouse shall be immune from liability
19for any claim of violation of antitrust law or unfair trade
20practice if the conduct is a violation of antitrust law, to the
21extent the producer or clearinghouse is exercising authority
22under the provisions of this Act.
 
23    Section 45. Requirements applicable to producers.
24    (a) On and after January 1, 2022, a producer of carpet

 

 

10200SB1091sam001- 22 -LRB102 04914 CPF 25353 a

1shall add the stewardship assessment, as established in
2Section 35, to the cost of carpet sold to retailers and
3distributors in this State by the producer.
4    (b) Producers, working with the clearinghouse, shall
5provide consumers with educational materials regarding the
6stewardship assessment and carpet stewardship program as
7required by paragraph (1) of subsection (b) of Section 35 of
8this Act. The materials shall include, but are not limited to,
9(i) information regarding available end-of-life management
10options for old carpet offered through the carpet stewardship
11program and (ii) information that notifies the consumers that
12a charge for the operation of the carpet stewardship program
13is included in the purchase price of carpet sold in this State.
14    (c) Producers who sell carpet in this State shall register
15with the Agency by January 1, 2022 and annually thereafter for
16as long as that producer sells carpet in this State.
 
17    Section 50. Requirements applicable to retailers and
18distributors.
19    (a) On and after January 1, 2022, no carpet may be sold in
20this State unless the carpet's producer has registered with
21the Agency under subsection (c) of Section 45.
22    (b) Any retailer or distributor may participate, on a
23voluntary basis, as a designated collection point pursuant to
24a product stewardship program and in accordance with
25applicable law.

 

 

10200SB1091sam001- 23 -LRB102 04914 CPF 25353 a

1    (c) No retailer or distributor shall be found to be in
2violation of this Section if, on the date the carpet was
3ordered from the producer or its agent, the producer was
4registered on the Agency's website in accordance with this
5Act.
6    (d) Retailers shall provide consumers with educational
7materials, developed by producers and the clearinghouse, that
8shall include, but are not limited to, information that (i)
9regards available end-of-life management options for old
10carpet, and (ii) notifies the consumer of the importance of
11recycling.
 
12    Section 55. Requirements applicable to the Agency.
13    (a) Beginning March 1, 2022, and annually thereafter, the
14Agency shall post on its website the list of carpet producers
15that registered with the Agency, in accordance with subsection
16(c) of Section 45.
17    (b) Beginning January 1, 2023, and annually thereafter,
18for the benefit of assisting consumers who wish to find
19collection sites for recycling carpet, the Agency shall post
20on its website the location of all collection sites identified
21to the Agency by the clearinghouse in its plans and annual
22reports.
23    (c) The Agency shall post on its website the plan as
24approved by the Agency and any subsequent updates within 30
25days of approval pursuant to Section 30.

 

 

10200SB1091sam001- 24 -LRB102 04914 CPF 25353 a

1    (d) Beginning May 1, 2024, and annually thereafter, the
2Agency shall post on its website copies of the annual reports.
 
3    Section 60. Annual stewardship reports.
4    (a) By April 1, 2024, and by April 1 of each year
5thereafter, the clearinghouse shall submit a report to the
6Agency that includes, for the previous program year, a
7description of the carpet stewardship program, including, but
8not limited to, the following:
9        (1) the amount of carpet sold by square feet and
10    pounds in this State during the reporting period by
11    polymer type or non-polymer material, including a separate
12    reporting of the amount of carpet sold in this State for
13    which the carpet stewardship assessment was collected;
14        (2) a description of the methods used to collect,
15    transport, and process old carpet in regions of this
16    State, and a listing of the persons used to collect,
17    transport, and process old carpet;
18        (3) identification of all old carpet collection sites
19    in this State and whether the requirement of paragraph (3)
20    of subsection (a) of Section 25 has been met;
21        (4) the weight of all old carpet collected and carpet
22    reused or carpet recycled in all regions of this State, a
23    comparison to the performance goals and carpet recycling
24    rates established in the clearinghouse plan, and, if
25    appropriate, an explanation stating the reason or reasons

 

 

10200SB1091sam001- 25 -LRB102 04914 CPF 25353 a

1    performance goals were not met;
2        (5) the weight of old carpet collected in this State
3    but not carpet reused or carpet recycled and its ultimate
4    disposition, and a comparison to the performance goals in
5    the clearinghouse plan;
6        (6) the total cost of implementing the clearinghouse
7    plan and a copy of the independent audit regarding the
8    financial activities of the clearinghouse;
9        (7) a proposed budget for implementing the
10    clearinghouse plan in the subsequent calendar year;
11        (8) an evaluation of the funding mechanism and its
12    ability to properly fund the implementation of the
13    clearinghouse plan, including whether the incentive
14    payments to collectors, processors, and end markets for
15    managing carpet are adequate to ensure that the old carpet
16    can be carpet reused or carpet recycled under the program;
17        (9) identification of the facilities processing
18    carpet, the weight processed at each facility, and each
19    facility's processing capacity;
20        (10) an evaluation of the effectiveness of the
21    clearinghouse plan, and anticipated steps, if needed, to
22    improve performance;
23        (11) a discussion of progress made toward achieving
24    carpet design changes according to paragraph (14) of
25    subsection (a) of Section 25; and
26        (12) samples of educational materials provided to

 

 

10200SB1091sam001- 26 -LRB102 04914 CPF 25353 a

1    consumers and carpet installers, and an evaluation of the
2    effectiveness of the materials and the methods used to
3    disseminate the materials. The evaluation shall include,
4    but shall not be limited to, information on the number of
5    consumers and carpet installers that received or viewed
6    the educational materials, and any consumer and carpet
7    installer survey data that may have been collected
8    regarding the educational materials used.
 
9    Section 65. Administrative fee.
10    (a) The clearinghouse shall pay the Agency an annual
11administrative fee of $200,000 which may be paid for from
12revenue from the carpet stewardship assessment.
13    (b) The clearinghouse shall pay the Agency's
14administrative fee under subsection (a) on or before January
151, 2023, and annually thereafter.
16    (c) The Agency shall deposit the fees collected under this
17Section into the Solid Waste Management Fund.
 
18    Section 70. Enforcement.
19    (a) On and after January 1, 2022, no producer,
20distributor, or retailer shall sell or offer for sale carpet
21to any person in this State if the producer of the carpet is
22not registered with the Agency pursuant to subsection (c) of
23Section 45 or has not remitted the assessment pursuant to
24Section 35.

 

 

10200SB1091sam001- 27 -LRB102 04914 CPF 25353 a

1    (b) No retailer or distributor shall be found in violation
2of the provisions of subsection (a) if, on the date the carpet
3was ordered from the producer or its agent, the producer was
4listed on the Agency's website in accordance with the
5provisions of subsection (a) of Section 55.
6    (c) The Attorney General or State's Attorney may request,
7and a Court may impose, after providing notice and opportunity
8to be heard, a civil penalty in the amount of $5,000 per day
9per violation against any producer who violates the
10registration requirements under subsection (c) of Section 45
11or who fails to remit the assessment under Section 35.
12    (d) Nothing in this Act prohibits a retailer or
13distributor from selling their inventory of carpet existing
14prior to January 1, 2022.
15    (e) The penalties provided for in this Section may be
16recovered in a civil action brought in the name of the People
17of the State of Illinois by the State's Attorney of the county
18in which the violation occurred or by the Attorney General.
19Any funds collected under this Section in an action in which
20the Attorney General has prevailed shall be deposited in the
21Environmental Protection Trust Fund, to be used in accordance
22with the provisions of the Environmental Trust Fund Act.
23    (f) Nothing in this Act mandates or otherwise requires and
24nothing in the clearinghouse plan shall mandate or otherwise
25require participation of the waste disposal industry in the
26carpet stewardship program created by this Act.
 

 

 

10200SB1091sam001- 28 -LRB102 04914 CPF 25353 a

1    Section 75. State procurement of carpet. Beginning on
2January 1, 2024, at least 35% of carpet purchased by State
3agencies shall be carpet with a minimum of 10% post-consumer
4recycled content by weight from old carpet and comply with the
5National Science Foundation/American National Standards
6Institute (NSF/ANSI) 140-2009 Standard, Platinum Level or the
7most current version in effect as provided by the American
8National Standards Institute. The carpet shall be purchased
9from a carpet producer with a third party certified closed
10loop recycling facility. Thereafter, those purchases shall
11increase by a rate of 10% per year until it reaches 75%. Prior
12to January 1, 2024, the clearinghouse shall provide a report
13to the Illinois Department of Central Management Services on
14the other types of products that contain recycled carpet as a
15feedstock that the State should consider purchasing.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".