Illinois General Assembly - Full Text of HB4042
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Full Text of HB4042  98th General Assembly

HB4042ham001 98TH GENERAL ASSEMBLY

Rep. Emily McAsey

Filed: 11/12/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4042

2    AMENDMENT NO. ______. Amend House Bill 4042 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Sections 15, 50, and 80 as follows:
 
6    (415 ILCS 150/15)
7    Sec. 15. Statewide recycling and reuse goals for all
8covered electronic devices.
9    (a) For program year 2010, the statewide recycling or reuse
10goal for all CEDs is the product of: (i) the latest population
11estimate for the State, as published on the U.S. Census
12Bureau's website on January 1, 2010; multiplied by (ii) 2.5
13pounds per capita.
14    (b) For program year 2011, the statewide recycling or reuse
15goal for all CEDs is the product of: (i) the 2010 base weight;
16multiplied by (ii) the 2010 goal attainment percentage.

 

 

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1    For the purposes of this subsection (b):
2    The "2010 base weight" means the greater of: (i) twice the
3total weight of all CEDs that were recycled or processed for
4reuse between January 1, 2010 and June 30, 2010 as reported to
5the Agency under subsection (i) or (j) of Section 30; or (ii)
6twice the total weight of all CEDs that were recycled or
7processed for reuse between January 1, 2010 and June 30, 2010
8as reported to the Agency under subsection (c) of Section 55.
9    The "2010 goal attainment percentage" means:
10        (1) 90% if the 2010 base weight is less than 90% of the
11    statewide recycling or reuse goal for program year 2010;
12        (2) 95% if the 2010 base weight is 90% or greater, but
13    does not exceed 95%, of the statewide recycling or reuse
14    goal for program year 2010;
15        (3) 100% if the 2010 base weight is 95% or greater, but
16    does not exceed 105%, of the statewide recycling or reuse
17    goal for program year 2010;
18        (4) 105% if the 2010 base weight is 105% or greater,
19    but does not exceed 110%, of the statewide recycling or
20    reuse goal for program year 2010; and
21        (5) 110% if the 2010 base weight is 110% or greater of
22    the statewide recycling or reuse goal for program year
23    2010.
24    (c) For program year 2012 and for each of the following
25categories of electronic devices, each manufacturer shall
26recycle or reuse at least 40% of the total weight of the

 

 

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1electronic devices that the manufacturer sold in that category
2in Illinois during the calendar year beginning January 1, 2010:
3computers, monitors, televisions, printers, electronic
4keyboards, facsimile machines, video cassette recorders,
5portable digital music players, digital video disc players,
6video game consoles, electronic mice, scanners, digital
7converter boxes, cable receivers, satellite receivers, digital
8video disc recorders, and small-scale servers. To determine the
9manufacturer's annual recycling or reuse goal, the
10manufacturer shall use its own Illinois sales data or its own
11national sales data proportioned to Illinois' share of the U.S.
12population, based on the U.S. Census population estimate for
132009.
14    (c-5) For program year 2013 and thereafter and for each of
15the following categories of electronic devices, each
16manufacturer shall recycle or reuse at least 100% 50% of the
17total weight of the electronic devices that the manufacturer
18sold in that category in Illinois during the calendar year 2
19years before the applicable program year: computers, monitors,
20televisions, printers, electronic keyboards, facsimile
21machines, video cassette recorders, portable digital music
22players, digital video disc players, video game consoles,
23electronic mice, scanners, digital converter boxes, cable
24receivers, satellite receivers, digital video disc recorders,
25and small-scale servers. To determine the manufacturer's
26annual recycling or reuse goal, the manufacturer shall use its

 

 

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1own Illinois sales data or its own national sales data
2proportioned to Illinois' share of the U.S. population, based
3on the most recent U.S. Census data. For the purpose of this
4Section, a manufacturer may count the total weight of a cathode
5ray tube device, prior to processing, towards its goal under
6this Section if all recyclable components are removed from the
7device and the cathode ray tube glass is managed in a manner
8that complies with all Agency regulations for handling,
9treatment, and disposition of cathode ray tubes.
10(Source: P.A. 97-287, eff. 8-10-11.)
 
11    (415 ILCS 150/50)
12    Sec. 50. Recycler and refurbisher registration.
13    (a) Prior to January 1 of each program year, each recycler
14and refurbisher must register with the Agency and submit a
15registration fee pursuant to subsection (b) for that program
16year. Registration must be on forms and in a format prescribed
17by the Agency and shall include, but not be limited to, the
18address of each location where the recycler or refurbisher
19manages CEDs or EEDs and identification of each location at
20which the recycler or refurbisher accepts CEDs or EEDs from a
21residence.
22    (b) The registration fee for program year 2010 is $2,000.
23For program year 2011, if a recycler's or refurbisher's annual
24combined total weight of CEDs and EEDs is less than 1,000 tons
25per year, the registration fee shall be $500. For program year

 

 

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12012 and for all subsequent program years, both registration
2fees shall be increased each year by an inflation factor
3determined by the annual Implicit Price Deflator for Gross
4National Product as published by the U.S. Department of
5Commerce in its Survey of Current Business. The inflation
6factor must be calculated each year by dividing the latest
7published annual Implicit Price Deflator for Gross National
8Product by the annual Implicit Price Deflator for Gross
9National Product for the previous year. The inflation factor
10must be rounded to the nearest 1/100th, and the resulting
11registration fee must be rounded to the nearest whole dollar.
12No later than October 1 of each program year, the Agency shall
13post on its website the registration fee for the next program
14year.
15    (c) No person may act as a recycler or a refurbisher of
16CEDs for a manufacturer obligated to meet goals under this Act
17unless the recycler or refurbisher is registered and has paid
18the registration fee as required under this Section. Neither a
19registered recycler nor a refurbisher may charge individual
20consumers or units of local government acting as collectors a
21fee to recycle or refurbish CEDs and EEDs, unless the recycler
22or refurbisher provides (i) a financial incentive, such as a
23coupon, that is of greater or equal value to the fee being
24charged or (ii) premium service, such as curbside collection,
25home pick-up, or a similar method of collection.
26    (d) Recyclers and refurbishers must, at a minimum, comply

 

 

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1with all of the following:
2        (1) Recyclers and refurbishers must comply with
3    federal, State, and local laws and regulations, including
4    federal and State minimum wage laws, specifically relevant
5    to the handling, processing, refurbishing and recycling of
6    residential CEDs and must have proper authorization by all
7    appropriate governing authorities to perform the handling,
8    processing, refurbishment, and recycling.
9        (2) Recyclers and refurbishers must implement the
10    appropriate measures to safeguard occupational and
11    environmental health and safety, through the following:
12            (A) environmental health and safety training of
13        personnel, including training with regard to material
14        and equipment handling, worker exposure, controlling
15        releases, and safety and emergency procedures;
16            (B) an up-to-date, written plan for the
17        identification and management of hazardous materials;
18        and
19            (C) an up-to-date, written plan for reporting and
20        responding to exceptional pollutant releases,
21        including emergencies such as accidents, spills,
22        fires, and explosions.
23        (3) Recyclers and refurbishers must maintain (i)
24    commercial general liability insurance or the equivalent
25    corporate guarantee for accidents and other emergencies
26    with limits of not less than $1,000,000 per occurrence and

 

 

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1    $1,000,000 aggregate and (ii) pollution legal liability
2    insurance with limits not less than $1,000,000 per
3    occurrence for companies engaged solely in the dismantling
4    activities and $5,000,000 per occurrence for companies
5    engaged in recycling.
6        (4) Recyclers and refurbishers must maintain on file
7    documentation that demonstrates the completion of an
8    environmental health and safety audit completed and
9    certified by a competent internal and external auditor
10    annually. A competent auditor is an individual who, through
11    professional training or work experience, is appropriately
12    qualified to evaluate the environmental health and safety
13    conditions, practices, and procedures of the facility.
14    Documentation of auditors' qualifications must be
15    available for inspection by Agency officials and
16    third-party auditors.
17        (5) Recyclers and refurbishers must maintain on file
18    proof of workers' compensation and employers' liability
19    insurance.
20        (6) Recyclers and refurbishers must provide adequate
21    assurance (such as bonds or corporate guarantee) to cover
22    environmental and other costs of the closure of the
23    recycler or refurbisher's facility, including cleanup of
24    stockpiled equipment and materials.
25        (7) Recyclers and refurbishers must apply due
26    diligence principles to the selection of facilities to

 

 

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1    which components and materials (such as plastics, metals,
2    and circuit boards) from CEDs and EEDs are sent for reuse
3    and recycling.
4        (8) Recyclers and refurbishers must establish a
5    documented environmental management system that is
6    appropriate in level of detail and documentation to the
7    scale and function of the facility, including documented
8    regular self-audits or inspections of the recycler or
9    refurbisher's environmental compliance at the facility.
10        (9) Recyclers and refurbishers must use the
11    appropriate equipment for the proper processing of
12    incoming materials as well as controlling environmental
13    releases to the environment. The dismantling operations
14    and storage of CED and EED components that contain
15    hazardous substances must be conducted indoors and over
16    impervious floors. Storage areas must be adequate to hold
17    all processed and unprocessed inventory. When heat is used
18    to soften solder and when CED and EED components are
19    shredded, operations must be designed to control indoor and
20    outdoor hazardous air emissions.
21        (10) Recyclers and refurbishers must establish a
22    system for identifying and properly managing components
23    (such as circuit boards, batteries, CRTs, and mercury
24    phosphor lamps) that are removed from CEDs and EEDs during
25    disassembly. Recyclers and refurbishers must properly
26    manage all hazardous and other components requiring

 

 

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1    special handling from CEDs and EEDs consistent with
2    federal, State, and local laws and regulations. Recyclers
3    and refurbishers must provide visible tracking (such as
4    hazardous waste manifests or bills of lading) of hazardous
5    components and materials from the facility to the
6    destination facilities and documentation (such as
7    contracts) stating how the destination facility processes
8    the materials received. No recycler or refurbisher may
9    send, either directly or through intermediaries, hazardous
10    wastes to solid waste (non-hazardous waste) landfills or to
11    non-hazardous waste incinerators for disposal or energy
12    recovery. For the purpose of these guidelines, smelting of
13    hazardous wastes to recover metals for reuse in conformance
14    with all applicable laws and regulations is not considered
15    disposal or energy recovery.
16        (11) Recyclers and refurbishers must use a regularly
17    implemented and documented monitoring and record-keeping
18    program that tracks inbound CED and EED material weights
19    (total) and subsequent outbound weights (total to each
20    destination), injury and illness rates, and compliance
21    with applicable permit parameters including monitoring of
22    effluents and emissions. Recyclers and refurbishers must
23    maintain contracts or other documents, such as sales
24    receipts, suitable to demonstrate: (i) the reasonable
25    expectation that there is a downstream market or uses for
26    designated electronics (which may include recycling or

 

 

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1    reclamation processes such as smelting to recover metals
2    for reuse); and (ii) that any residuals from recycling or
3    reclamation processes, or both, are properly handled and
4    managed to maximize reuse and recycling of materials to the
5    extent practical.
6        (12) Recyclers and refurbishers must comply with
7    federal and international law and agreements regarding the
8    export of used products or materials. In the case of
9    exports of CEDs and EEDs, recyclers and refurbishers must
10    comply with applicable requirements of the U.S. and of the
11    import and transit countries and must maintain proper
12    business records documenting its compliance. No recycler
13    or refurbisher may establish or use intermediaries for the
14    purpose of circumventing these U.S. import and transit
15    country requirements.
16        (13) Recyclers and refurbishers that conduct
17    transactions involving the transboundary shipment of used
18    CEDs and EEDs shall use contracts (or the equivalent
19    commercial arrangements) made in advance that detail the
20    quantity and nature of the materials to be shipped. For the
21    export of materials to a foreign country (directly or
22    indirectly through downstream market contractors): (i) the
23    shipment of intact televisions and computer monitors
24    destined for reuse must include only whole products that
25    are tested and certified as being in working order or
26    requiring only minor repair (e.g. not requiring the

 

 

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1    replacement of circuit boards or CRTs), must be destined
2    for reuse with respect to the original purpose, and the
3    recipient must have verified a market for the sale or
4    donation of such product for reuse; (ii) the shipments of
5    CEDs and EEDs for material recovery must be prepared in a
6    manner for recycling, including, without limitation,
7    smelting where metals will be recovered, plastics recovery
8    and glass-to-glass recycling; or (iii) the shipment of CEDs
9    and EEDs are being exported to companies or facilities that
10    are owned or controlled by the original equipment
11    manufacturer.
12        (14) Recyclers and refurbishers must maintain the
13    following export records for each shipment on file for a
14    minimum of 3 years: (i) the facility name and the address
15    to which shipment is exported; (ii) the shipment contents
16    and volumes; (iii) the intended use of contents by the
17    destination facility; (iv) any specification required by
18    the destination facility in relation to shipment contents;
19    (v) an assurance that all shipments for export, as
20    applicable to the CED manufacturer, are legal and satisfy
21    all applicable laws of the destination country.
22        (15) Recyclers and refurbishers must employ
23    industry-accepted procedures for the destruction or
24    sanitization of data on hard drives and other data storage
25    devices. Acceptable guidelines for the destruction or
26    sanitization of data are contained in the National

 

 

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1    Institute of Standards and Technology's Guidelines for
2    Media Sanitation or those guidelines certified by the
3    National Association for Information Destruction;
4        (16) No recycler or refurbisher may employ prison labor
5    in any operation related to the collection,
6    transportation, recycling, and refurbishment of CEDs and
7    EEDs. No recycler or refurbisher may employ any third party
8    that uses or subcontracts for the use of prison labor.
9(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)
 
10    (415 ILCS 150/80)
11    Sec. 80. Penalties.
12    (a) Except as otherwise provided in this Act, any person
13who violates any provision of this Act or fails to perform any
14duty under this Act is liable for a civil penalty of $7,000 for
15the violation and an additional civil penalty not to exceed
16$1,000 for each day the violation continues.
17    (b) A manufacturer that is not registered with the Agency
18as required under this Act, or that has not paid the
19registration fee as required under this Act, is liable for a
20civil penalty not to exceed $10,000 for the violation and an
21additional civil penalty not to exceed $10,000 for each day the
22violation continues.
23    (c) A manufacturer in violation of subsection (d) of
24Section 30 of this Act in program year 2012 or thereafter is
25liable for a civil penalty equal to the following:

 

 

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1        (1) In program year 2012, if the total weight of CEDs
2    and EEDs recycled or processed for reuse by the
3    manufacturer is less than 50% of the manufacturer's
4    individual recycling or reuse goal set forth in subsection
5    (c) of Section 15 of this Act, the manufacturer shall pay a
6    penalty equal to the product of: (i) $0.70 per pound;
7    multiplied by (ii) the difference between the
8    manufacturer's individual recycling or reuse goal and the
9    total weight of CEDs and EEDs recycled or processed for
10    reuse by the manufacturer during the program year.
11        (2) In program year 2013, if the total weight of CEDs
12    and EEDs recycled or processed for reuse by the
13    manufacturer is less than 60% of the manufacturer's
14    individual recycling or reuse goal set forth in subsection
15    (c-5) of Section 15 of this Act, the manufacturer shall pay
16    a penalty equal to the product of: (i) $0.70 per pound;
17    multiplied by (ii) the difference between the
18    manufacturer's individual recycling or reuse goal and the
19    total weight of CEDs and EEDs recycled or processed for
20    reuse by the manufacturer during the program year.
21        (3) In program year 2014, and each year thereafter, if
22    the total weight of CEDs and EEDs recycled or processed for
23    reuse by the manufacturer is less than 100% 70% of the
24    manufacturer's individual recycling or reuse goal set
25    forth in subsection (c-5) of Section 15 of this Act, the
26    manufacturer shall pay a penalty equal to the product of:

 

 

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1    (i) $0.70 per pound; multiplied by (ii) the difference
2    between the manufacturer's individual recycling or reuse
3    goal and the total weight of CEDs and EEDs recycled or
4    processed for reuse by the manufacturer during the program
5    year.
6    (d) A manufacturer in violation of subsection (e), (h),
7(i), (j), (k), (l), or (m) of Section 30 is liable for a civil
8penalty not to exceed $5,000 for the violation.
9    (e) Any person in violation of Section 50 of this Act is
10liable for a civil penalty not to exceed $5,000 for the
11violation.
12    (f) A knowing violation of subsection (a), (b), or (c) of
13Section 95 of this Act by anyone other than a residential
14consumer is a petty offense punishable by a fine of $500. A
15knowing violation of subsection (a), (b), or (c) of Section 95
16of this Act by a residential consumer is a petty offense
17punishable by a fine of $25 for a first violation; however, a
18subsequent violation by a residential consumer is a petty
19offense punishable by a fine of $50.
20    (g) The penalties provided for in this Act may be recovered
21in a civil action brought by the Attorney General in the name
22of the People of the State of Illinois. Any moneys collected
23under this Section in which the Attorney General has prevailed
24may be deposited into the Electronic Recycling Fund,
25established under this Act.
26    (h) The Attorney General, at the request of the Agency or

 

 

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1on his or her own motion, may institute a civil action for an
2injunction, prohibitory or mandatory, to restrain violations
3of this Act or to require such actions as may be necessary to
4address violations of this Act.
5    (i) The penalties and injunctions provided in this Act are
6in addition to any penalties, injunctions, or other relief
7provided under any other law. Nothing in this Act bars a cause
8of action by the State for any other penalty, injunction, or
9relief provided by any other law.
10    (j) A fine imposed by administrative citation pursuant to
11subsection (k) of Section 20 shall be limited to $1,000.
12Administrative citations may be used to enforce violations of
13the landfill ban subject to fines set forth in subsection (f)
14of this Section.
15(Source: P.A. 97-287, eff. 8-10-11.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2015.".