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Illinois General Assembly· HB 3098Governor Approved

CONSUMER ELECTRONICS RECYCLING, the official text

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HB3098 Enrolled                     LRB104 09345 BDA 19403 b

1   AN ACT concerning safety.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Consumer Electronics Recycling Act is

5 amended by changing Sections 1-5, 1-10, 1-15, 1-25, 1-30,

6 1-33, 1-35, 1-40, 1-45, 1-84.5, 1-85, 1-86, and 1-90 and by

7 adding Section 1-91 as follows:

8   (415 ILCS 151/1-5)

9   (Section scheduled to be repealed on December 31, 2026)

10  Sec. 1-5. Definitions. As used in this Act:

11  "Agency" means the Illinois Environmental Protection

12 Agency.

13  "Best practices" means standards for collecting and

14 preparing items for shipment and recycling. "Best practices"

15 may include standards for packaging for transport, load size,

16 acceptable load contamination levels, non-CED items included

17 in a load, and other standards as determined under Section

18 1-85 of this Act. "Best practices" shall consider the desired

19 intent to preserve existing collection programs and

20 relationships when possible.

21  "Collector" means a person who collects residential CEDs

22 from covered entities at any program collection site or

23 one-day collection event and prepares them for transport.
    HB3098 Enrolled  -2-  LRB104 09345 BDA 19403 b

1   "Computer", often referred to as a "personal computer" or

2 "PC", means a desktop or notebook computer as further defined

3 below and used only in a residence, but does not mean an

4 automated typewriter, electronic printer, mobile telephone,

5 portable hand-held calculator, portable digital assistant

6 (PDA), MP3 player, or other similar device. "Computer" does

7 not include computer peripherals, commonly known as cables,

8 mouse, or keyboard. "Computer" is further defined as either:

9   (1) "Desktop computer", which means an electronic,

10  magnetic, optical, electrochemical, or other high-speed

11  data processing device performing logical, arithmetic, or

12  storage functions for general purpose needs that are met

13  through interaction with a number of software programs

14  contained therein, and that is not designed to exclusively

15  perform a specific type of logical, arithmetic, or storage

16  function or other limited or specialized application.

17  Human interface with a desktop computer is achieved

18  through a stand-alone keyboard, stand-alone monitor, or

19  other display unit, and a stand-alone mouse or other

20  pointing device, and is designed for a single user. A

21  desktop computer has a main unit that is intended to be

22  persistently located in a single location, often on a desk

23  or on the floor. A desktop computer is not designed for

24  portability and generally utilizes an external monitor,

25  keyboard, and mouse with an external or internal power

26  supply for a power source. Desktop computer does not
    HB3098 Enrolled  -3-  LRB104 09345 BDA 19403 b

1   include an automated typewriter or typesetter; or

2   (2) "Notebook computer", which means an electronic,

3   magnetic, optical, electrochemical, or other high-speed

4   data processing device performing logical, arithmetic, or

5   storage functions for general purpose needs that are met

6   through interaction with a number of software programs

7   contained therein, and that is not designed to exclusively

8   perform a specific type of logical, arithmetic, or storage

9   function or other limited or specialized application.

10  Human interface with a notebook computer is achieved

11  through a keyboard, video display greater than 4 inches in

12  size, and mouse or other pointing device, all of which are

13  contained within the construction of the unit that

14  comprises the notebook computer; supplemental stand-alone

15  interface devices typically can also be attached to the

16  notebook computer. Notebook computers can use external,

17  internal, or batteries for a power source. Notebook

18  computer does not include a portable hand-held calculator,

19  or a portable digital assistant or similar specialized

20  device. A notebook computer has an incorporated video

21  display greater than 4 inches in size and can be carried as

22  one unit by an individual. A notebook computer is

23  sometimes referred to as a laptop computer.

24  (3) "Tablet computer", which means an electronic,

25  magnetic, optical, electrochemical, or other high-speed

26  data processing device performing logical, arithmetic, or
    HB3098 Enrolled             -4-  LRB104 09345 BDA 19403 b

1   storage functions for general purpose needs that are met

2   through interaction with a number of software programs

3   contained therein, and that is not designed to exclusively

4   perform a specific type of logical, arithmetic, or storage

5   function or other limited or specialized application.

6   Human interface with a tablet computer is achieved through

7   a touch screen and video display screen greater than 6

8   inches in size (all of which are contained within the unit

9   that comprises the tablet computer). Tablet computers may

10  use an external or internal power source. "Tablet

11  computer" does not include a portable hand-held

12  calculator, a portable digital assistant, or a similar

13  specialized device.

14  "Computer monitor" means an electronic device that is a

15 cathode-ray tube or flat panel display primarily intended to

16 display information from a computer and is used only in a

17 residence.

18  "County recycling coordinator" means the individual who is

19 designated as the recycling coordinator for a county in a

20 waste management plan developed pursuant to the Solid Waste

21 Planning and Recycling Act.

22  "Covered electronic device" or "CED" means any computer,

23 computer monitor, television, printer, electronic keyboard,

24 facsimile machine, videocassette recorder, portable digital

25 music player that has memory capability and is battery

26 powered, digital video disc player, video game console,
    HB3098 Enrolled  -5-            LRB104 09345 BDA 19403 b

1 electronic mouse, scanner, digital converter box, cable

2 receiver, satellite receiver, digital video disc recorder, or

3 small-scale server, home audio component, or peripheral sold

4 at retail. "Covered electronic device" does not include any of

5 the following:

6   (1) an electronic device that is a part of a motor

7   vehicle or any component part of a motor vehicle assembled

8   by or for a vehicle manufacturer or franchised dealer,

9   including replacement parts for use in a motor vehicle;

10  (2) an electronic device that is functionally or

11  physically part of a larger piece of equipment or that is

12  taken out of service from an industrial, commercial

13  (including retail), library checkout, traffic control,

14  kiosk, security (other than household security),

15  governmental, agricultural, or medical setting, including

16  but not limited to diagnostic, monitoring, or control

17  equipment; or

18  (3) an electronic device that is contained within a

19  clothes washer, clothes dryer, refrigerator, refrigerator

20  and freezer, microwave oven, conventional oven or range,

21  dishwasher, room air conditioner, dehumidifier, water

22  pump, sump pump, or air purifier. To the extent allowed

23  under federal and State laws and regulations, a CED that

24  is being collected, recycled, or processed for reuse is

25  not considered to be hazardous waste, household waste,

26  solid waste, or special waste.
    HB3098 Enrolled           -6-  LRB104 09345 BDA 19403 b

1   "Covered electronic device category" or "CED category"

2 means each of the following 9 8 categories of residential CEDs

3 from covered entities:

4   (1) computers and small-scale servers;

5   (2) computer monitors;

6   (3) televisions;

7   (4) printers, facsimile machines, and scanners;

8   (5) digital video disc players, digital video disc

9   recorders, and videocassette recorders;

10  (6) video game consoles;

11  (7) digital converter boxes, cable receivers, and

12  satellite receivers; and

13  (8) electronic keyboards, electronic mice,

14  peripherals, and portable digital music players that have

15  memory capability and are battery powered; and.

16  (9) home audio components.

17  "Covered entity" means a residence for program years 2019

18 through 2026 and means a person delivering 7 or fewer CEDs to a

19 program collection site or collection event beginning in

20 program year 2027.

21  "Manufacturer" means a person, or a successor in interest

22 to a person, under whose brand or label a CED is or was sold at

23 retail. For any CED sold at retail under a brand or label that

24 is licensed from a person who is a mere brand owner and who

25 does not sell or produce a CED, the person who produced the CED

26 or his or her successor in interest is the manufacturer. For
    HB3098 Enrolled   -7-              LRB104 09345 BDA 19403 b

1 any CED sold at retail under the brand or label of both the

2 retail seller and the person that produced the CED, the person

3 that produced the CED, or his or her successor in interest, is

4 the manufacturer. "Manufacturer" does not include a person who

5 manufactures only peripherals and no other CEDs.

6   "Manufacturer clearinghouse" means an entity that prepares

7 and submits a manufacturer e-waste program plan to the Agency,

8 and oversees the manufacturer e-waste program, on behalf of a

9 group of 2 or more manufacturers cooperating with one another

10 to collectively establish and operate an e-waste program for

11 the purpose of complying with this Act and that collectively

12 represent at least 50% of the manufacturers' total obligations

13 under this Act for a program year.

14  "Manufacturer e-waste program" means any program

15 established, financed, and operated by a manufacturer,

16 individually or collectively as part of a manufacturer

17 clearinghouse, to transport and subsequently recycle, in

18 accordance with the requirements of this Act, residential CEDs

19 from covered entities collected at program collection sites

20 and one-day collection events.

21  "Municipal joint action agency" means a municipal joint

22 action agency created under Section 3.2 of the

23 Intergovernmental Cooperation Act.

24  "One-day collection event" means a one-day event used as a

25 substitute for a program collection site pursuant to Section

26 1-15 of this Act.
    HB3098 Enrolled           -8-  LRB104 09345 BDA 19403 b

1   "Peripheral" means a device sold exclusively for external

2 use with a CED as a wireless or corded device that provides

3 input into or output from a CED and cords used with a CED or

4 peripheral. A peripheral may be collected with or without the

5 CED with which it is used.

6   "Person" means an individual, partnership, co-partnership,

7 firm, company, limited liability company, corporation,

8 association, joint stock company, trust, estate, political

9 subdivision, State agency, or any other legal entity; or a

10 legal representative, agent, or assign of that entity.

11 "Person" includes a unit of local government.

12  "Printer" means desktop printers, multifunction printer

13 copiers, and printer/fax combinations taken out of service

14 from a residence that are designed to reside on a work surface,

15 and include various print technologies, including without

16 limitation laser and LED (electrographic), ink jet, dot

17 matrix, thermal, and digital sublimation, and "multi-function"

18 or "all-in-one" devices that perform different tasks,

19 including without limitation copying, scanning, faxing, and

20 printing. Printers do not include floor-standing printers,

21 printers with optional floor stand, point of sale (POS)

22 receipt printers, household printers such as a calculator with

23 printing capabilities or label makers, or non-stand-alone

24 printers that are embedded into products that are not CEDs.

25  "Private network collection site" means a collection site

26 operated by a nonprofit organization or recycler collecting on
    HB3098 Enrolled          -9-   LRB104 09345 BDA 19403 b

1 behalf of a manufacturer.

2   "Program collection site" means a physical location that

3 is included in a manufacturer e-waste program and at which

4 residential CEDs from covered entities are collected and

5 prepared for transport by a collector during a program year in

6 accordance with the requirements of this Act. Except as

7 otherwise provided in this Act, "program collection site" does

8 not include a retail or private network collection site.

9   "Program year" means a calendar year. The first program

10 year is 2019.

11  "Recycler" means any person who transports or subsequently

12 recycles residential CEDs from covered entities that have been

13 collected and prepared for transport by a collector at any

14 program collection site or one-day collection event.

15  "Recycling" has the meaning provided under Section 3.380

16 of the Environmental Protection Act. "Recycling" includes any

17 process by which residential CEDs from covered entities that

18 would otherwise be disposed of or discarded are collected,

19 separated, or processed and returned to the economic

20 mainstream in the form of raw materials or products.

21  "Residence" means a dwelling place or home in which one or

22 more individuals live.

23  "Residential covered electronic device" or "residential

24 CED" means any covered electronic device taken out of service

25 from a residence in the State.

26  "Retail collection site" means a private sector collection
    HB3098 Enrolled  - 10 - LRB104 09345 BDA 19403 b

1 site operated by a retailer collecting on behalf of a

2 manufacturer.

3   "Retailer" means a person who first sells, through a sales

4 outlet, catalogue, or the Internet, a covered electronic

5 device at retail to an individual for residential use or any

6 permanent establishment primarily where merchandise is

7 displayed, held, stored, or offered for sale to the public.

8   "Sale" means any retail transfer of title for

9 consideration of title including, but not limited to,

10 transactions conducted through sales outlets, catalogs, or the

11 Internet or any other similar electronic means. "Sale" does

12 not include financing or leasing.

13  "Small-scale server" means a computer that typically uses

14 desktop components in a desktop form designed primarily to

15 serve as a storage host for other computers. To be considered a

16 small-scale server, a computer must: be designed in a

17 pedestal, tower, or other form that is similar to that of a

18 desktop computer so that all data processing, storage, and

19 network interfacing is contained within one box or product; be

20 designed to be operational 24 hours per day and 7 days per

21 week; have very little unscheduled downtime, such as on the

22 order of hours per year; be capable of operating in a

23 simultaneous multi-user environment serving several users

24 through networked client units; and be designed for an

25 industry-accepted operating system for home or low-end server

26 applications.
    HB3098 Enrolled         - 11 - LRB104 09345 BDA 19403 b

1   "Television" means an electronic device that contains a

2 cathode-ray tube or flat panel screen the size of which is

3 greater than 4 inches when measured diagonally and is intended

4 to receive video programming via broadcast, cable, satellite,

5 Internet, or other mode of video transmission or to receive

6 video from surveillance or other similar cameras.

7 (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;

8 100-592, eff. 6-22-18.)

9   (415 ILCS 151/1-10)

10  (Section scheduled to be repealed on December 31, 2026)

11  Sec. 1-10. Manufacturer e-waste program.

12  (a) For program year 2019 and each program year

13 thereafter, each manufacturer shall, individually or

14 collectively as part of a manufacturer clearinghouse, provide

15 a manufacturer e-waste program to transport and subsequently

16 recycle, in accordance with the requirements of this Act,

17 residential CEDs from covered entities collected at, and

18 prepared for transport from, the program collection sites and

19 one-day collection events included in the program during the

20 program year.

21  (b) Each manufacturer e-waste program must include, at a

22 minimum, the following:

23  (1) satisfaction of the convenience standard described

24  in Section 1-15 of this Act;

25  (2) instructions for designated county recycling
    HB3098 Enrolled       - 12 - LRB104 09345 BDA 19403 b

1   coordinators and municipal joint action agencies to

2   annually file notice to participate in the program;

3   (3) transportation and subsequent recycling of the

4   residential CEDs from covered entities collected at, and

5   prepared for transport from, the program collection sites

6   and one-day collection events included in the program

7   during the program year; and

8   (4) submission of a report to the Agency, by March 1,

9   2020, and each March 1 thereafter, which includes:

10  (A) the total weight of all residential CEDs from

11  covered entities transported from program collection

12  sites and one-day collection events throughout the

13  State during the preceding program year by CED

14  category;

15  (B) the total weight of residential CEDs from

16  covered entities transported from all program

17  collection sites and one-day collection events in each

18  county in the State during the preceding program year

19  by CED category; and

20  (C) the total weight of residential CEDs from

21  covered entities transported from all program

22  collection sites and one-day collection events in each

23  county in the State during that preceding program year

24  and that was recycled.

25  (c) Each manufacturer e-waste program shall make the

26 instructions required under paragraph (2) of subsection (b)
    HB3098 Enrolled       - 13 - LRB104 09345 BDA 19403 b

1 available on its website by December 1, 2017, and the program

2 shall provide to the Agency a hyperlink to the website for

3 posting on the Agency's website.

4   (d) Nothing in this Act shall prevent a manufacturer from

5 accepting, through a manufacturer e-waste program, residential

6 CEDs from covered entities collected through a curbside or

7 drop-off collection program that is operated pursuant to a

8 residential franchise collection agreement authorized by

9 Section 11-19-1 of the Illinois Municipal Code or Section

10 5-1048 of the Counties Code between a third party and a unit of

11 local government located within a county or municipal joint

12 action agency that has elected to participate in a

13 manufacturer e-waste program.

14  (e) A collection program operated in accordance with this

15 Section shall:

16  (1) meet the collector responsibilities under

17  subsections (a), (a-5), (d), (e), and (g) under Section

18  1-45 and require certification on the bill of lading or

19  similar manifest from the unit of local government, the

20  third party, or and the county or municipal joint action

21  agency that elected to participate in the manufacturer

22  e-waste program that the CEDs were collected, to the best

23  of their knowledge, from covered entities residential

24  consumers in the State of Illinois;

25  (2) comply with the audit provisions under subsection

26  (g) of Section 1-30;
    HB3098 Enrolled      - 14 - LRB104 09345 BDA 19403 b

1        (3) locate any drop-off location where CEDs are

2   collected on property owned by a unit of local government;

3   and

4        (4) have signage at any drop-off location indicating

5   only residential CEDs from covered entities are accepted

6   for recycling.

7   Manufacturers of CEDs are not financially responsible for

8 transporting and consolidating CEDs collected from a

9 collection program's drop-off location. Any drop-off location

10 used in 2019 must have been identified by the county or

11 municipal joint action agency in the written notice of

12 election to participate in the manufacturer e-waste program in

13 accordance with Section 1-20 by March 1, 2018. Any drop-off

14 location operating in 2020 or in subsequent years must be

15 identified by the county or municipal joint action agency in

16 the annual written notice of election to participate in a

17 manufacturer e-waste program in accordance with Section 1-20

18 to be eligible for the subsequent program year.

19 (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;

20 100-592, eff. 6-22-18; 100-1165, eff. 6-1-19; 101-81, eff.

21 7-12-19.)

22  (415 ILCS 151/1-15)

23  (Section scheduled to be repealed on December 31, 2026)

24  Sec. 1-15. Convenience standard for program collection
    HB3098 Enrolled  - 15 - LRB104 09345 BDA 19403 b

1 sites and one-day collection events.

2   (a) Beginning in 2019 each manufacturer e-waste program

3 for a program year must include, at a minimum, program

4 collection sites in the following quantities in counties that

5 elect to participate in the manufacturer e-waste program for

6 the program year:

7   (1) one program collection site in each county that

8   has elected to participate in the manufacturer e-waste

9   program for the program year and that has a population

10  density that is less than 250 individuals per square mile;

11  (2) two program collection sites in each county that

12  has elected to participate in the manufacturer e-waste

13  program for the program year and that has a population

14  density that is greater than or equal to 250 individuals

15  per square mile but less than 500 individuals per square

16  mile;

17  (3) three program collection sites in each county that

18  has elected to participate in the manufacturer e-waste

19  program for the program year and that has a population

20  density that is greater than or equal to 500 individuals

21  per square mile but less than 750 individuals per square

22  mile;

23  (4) four program collection sites in each county that

24  has elected to participate in the manufacturer e-waste

25  program for the program year and that has a population

26  density that is greater than or equal to 750 individuals
    HB3098 Enrolled  - 16 - LRB104 09345 BDA 19403 b

1   per square mile but less than 1,000 individuals per square

2   mile;

3   (5) five program collection sites in each county that

4   has elected to participate in the manufacturer e-waste

5   program for the program year and that has a population

6   density that is greater than or equal to 1,000 individuals

7   per square mile but less than 5,000 individuals per square

8   mile; and

9   (6) fifteen program collection sites in each county

10  that has elected to participate in the manufacturer

11  e-waste program for the program year and that has a

12  population density that is greater than or equal to 5,000

13  individuals per square mile.

14  For purposes of this Section, county population densities

15 shall be based on the entire county's population density,

16 regardless of whether a municipality or municipal joint action

17 agency in the county participates in a manufacturer e-waste

18 program.

19  If a municipality with a population of over 1,000,000

20 residents elects to participate in a manufacturer e-waste

21 program for a program year, then the program shall provide 10

22 additional program collection sites for the program year to be

23 located in that municipality, and the program collection sites

24 required under paragraph (6) of subsection (a) of this Section

25 shall be located outside of the municipality.

26  If a municipal joint action agency elects to participate
    HB3098 Enrolled  - 17 - LRB104 09345 BDA 19403 b

1 in a manufacturer e-waste program for a program year, it shall

2 receive, for that year, a population-based pro rata share of

3 the program collection sites that would be granted to the

4 county in which the municipal joint action agency is located

5 if the county were to elect to participate in the program for

6 that year, rounded to the nearest whole number.

7   A designated county recycling coordinator may elect to

8 operate more than the required minimum number of collection

9 sites.

10  (b) Notwithstanding subsection (a) of this Section, any

11 county, municipality, or municipal joint action agency that

12 elects to participate in a manufacturer e-waste program may

13 enter into a written agreement with the operators of any

14 manufacturer e-waste program in order to do one or more of the

15 following:

16        (1) to decrease the number of program collection sites

17  in the county, municipality, or territorial boundary of

18  the municipal joint action agency for the program year;

19        (2) to substitute a program collection site in the

20  county, municipality, or territorial boundary of the

21  municipal joint action agency with either (i) 4 one-day

22  collection events or (ii) a different number of such

23  events as may be provided in the written agreement;

24        (3) to substitute the location of a program collection

25  site in the county, municipality, or territorial boundary

26  of the municipal joint action agency for the program year
    HB3098 Enrolled         - 18 - LRB104 09345 BDA 19403 b

1   with another location;

2       (4) to substitute the location of a one-day collection

3   in the county, municipality, or territorial boundary of

4   the municipal joint action agency with another location;

5   or

6       (5) to use, with the agreement of the applicable

7   retailer, nonprofit organization, or recycler, a retail or

8   private network collection site as a program collection

9   site.

10  An agreement made pursuant to paragraph (1), or (2), or

11 (5) of this subsection (b) shall be reduced to writing and

12 included in the manufacturer e-waste program plan as required

13 under subsection (a) of Section 1-25 of this Act.

14 (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)

15  (415 ILCS 151/1-25)

16  (Section scheduled to be repealed on December 31, 2026)

17  Sec. 1-25. Manufacturer e-waste program plans.

18  (a) By September 1, 2018 for program year 2019, and by July

19 1 of each year thereafter, each manufacturer shall,

20 individually or through a manufacturer clearinghouse, submit

21 to the Agency a manufacturer e-waste program plan, which

22 includes, at a minimum, the following:

23      (1) the contact information for the individual who

24  will serve as the point of contact for the manufacturer

25  e-waste program;
    HB3098 Enrolled  - 19 - LRB104 09345 BDA 19403 b

1   (2) the identity of each county that has elected to

2   participate in the manufacturer e-waste program during the

3   program year;

4   (3) for each county, the location of each program

5   collection site and one-day collection event included in

6   the manufacturer e-waste program for the program year;

7   (4) the collector operating each program collection

8   site and one-day collection event included in the

9   manufacturer e-waste program for the program year;

10  (5) the recyclers that manufacturers plan to use

11  during the program year to transport and subsequently

12  recycle residential CEDs from covered entities under the

13  program, with the updated list of recyclers to be provided

14  to the Agency no later than December 1 preceding each

15  program year;

16  (6) an explanation of any deviation by the program

17  from the standard program collection site distribution set

18  forth in subsection (a) of Section 1-15 of this Act for the

19  program year, along with copies of all written agreements

20  made pursuant to paragraphs (1), or (2), or (5) of

21  subsection (b) of Section 1-15 for the program year; and

22  (7) if a group of 2 or more manufacturers are

23  participating in a manufacturer clearinghouse,

24  certification that the methodology used for allocating

25  responsibility for the transportation and recycling of

26  residential CEDs from covered entities by manufacturers
    HB3098 Enrolled              - 20 - LRB104 09345 BDA 19403 b

1   participating in the manufacturer clearinghouse for the

2   program year will be in compliance with the allocation

3   methodology established under Section 1-84.5 of this Act;

4   and.

5   (8) identification of collection service provided to

6   every county of the state, including program collection

7   sites, program collection events, retail collection sites,

8   and private network collection sites.

9   (b) Within 60 days after receiving a manufacturer e-waste

10 program plan, the Agency shall review the plan and approve the

11 plan or disapprove the plan.

12  (1) If the Agency determines that the program

13  collection sites and one-day collection events specified

14  in the plan will satisfy the convenience standard set

15  forth in Section 1-15 of this Act, then the Agency shall

16  approve the manufacturer e-waste program plan and provide

17  written notification of the approval to the individual who

18  serves as the point of contact for the manufacturer. The

19  Agency shall make the approved plan available on the

20  Agency's website.

21  (2) If the Agency determines the plan will not satisfy

22  the convenience standard set forth in Section 1-15 of this

23  Act, then the Agency shall disapprove the manufacturer

24  e-waste program plan and provide written notification of

25  the disapproval and the reasons for the disapproval to the

26  individual who serves as the point of contact for the
    HB3098 Enrolled      - 21 - LRB104 09345 BDA 19403 b

1   manufacturer. Within 30 days after the date of

2   disapproval, the manufacturer shall submit a revised

3   manufacturer e-waste program plan that addresses the

4   deficiencies noted in the Agency's disapproval.

5   (c) Manufacturers shall assume financial responsibility

6 for carrying out their e-waste program plans, including, but

7 not limited to, financial responsibility for providing the

8 packaging materials necessary to prepare shipments of

9 collected residential CEDs from covered entities in compliance

10 with subsection (e) of Section 1-45, as well as financial

11 responsibility for bulk transportation and recycling of

12 collected residential CEDs from covered entities.

13 (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;

14 100-592, eff. 6-22-18; 100-1165, eff. 6-1-19; 101-81, eff.

15 7-12-19.)

16  (415 ILCS 151/1-30)

17  (Section scheduled to be repealed on December 31, 2026)

18  Sec. 1-30. Manufacturer registration.

19  (a) By April 1, 2018, and by April 1 of each year

20 thereafter for the upcoming program year, beginning with

21 program year 2019, each manufacturer who sells CEDs in the

22 State must register with the Agency by: (i) submitting to the

23 Agency a $5,000 registration fee; and (ii) completing and

24 submitting to the Agency the registration form prescribed by

25 the Agency. Information on the registration form shall
    HB3098 Enrolled           - 22 - LRB104 09345 BDA 19403 b

1 include, without limitation, all of the following:

2         (1) a list of all of the brands and labels under which

3   the manufacturer's CEDs are marketed and sold or offered

4   for sale in the State to individuals; and

5         (2) the total weights, by CED category, of CEDs sold

6   in the United States to individuals, under any of the

7   manufacturer's brands or labels, during the calendar year

8   that is 2 years before the applicable program year.

9   If, during a program year, any of the manufacturer's CEDs

10 are sold or offered for sale in the State under a brand that is

11 not listed in the manufacturer's registration, then, within 30

12 days after the first sale or offer for sale under that brand,

13 the manufacturer must amend its registration to add the brand.

14 All registration fees collected by the Agency pursuant to this

15 Section shall be deposited into the Solid Waste Management

16 Fund.

17  (b) The Agency shall post on its website a list of all

18 registered manufacturers.

19  (c) Beginning in program year 2019, a manufacturer whose

20 CEDs are sold or offered for sale in this State for the first

21 time on or after April 1 of a program year must register with

22 the Agency within 30 days after the date the CEDs are first

23 sold or offered for sale in the State.

24  (d) Beginning in program year 2019, manufacturers shall

25 ensure that only recyclers that have registered with the

26 Agency and meet the recycler standards set forth in Section
    HB3098 Enrolled              - 23 - LRB104 09345 BDA 19403 b

1 1-40 are used to transport or recycle residential CEDs from

2 covered entities collected at any program collection site or

3 one-day collection event.

4   (e) Beginning in program year 2019, no manufacturer may

5 sell or offer for sale a CED in this State unless the

6 manufacturer is registered and operates a manufacturer program

7 either individually or as part of the manufacturer

8 clearinghouse as required in this Act.

9   (f) Beginning in program year 2019, no manufacturer may

10 sell or offer for sale a CED in this State unless the

11 manufacturer's brand name is permanently affixed to, and is

12 readily visible on, the CED.

13  (g) In accordance with a contract or agreement with a

14 county, municipality, or municipal joint action agency that

15 has elected to participate in a manufacturer e-waste program

16 under this Act, manufacturers may, either individually or

17 through the manufacturer clearinghouse, audit program

18 collection sites and proposed program collection sites for

19 compliance with the terms and conditions of the contract or

20 agreement. Audits shall be conducted during normal business

21 hours, and a manufacturer or its designee shall provide

22 reasonable notice to the collection site in advance of the

23 audit. Audits of all program collection sites may include,

24 among other things, physical site location visits and

25 inspections and review of processes, procedures, technical

26 systems, reports, and documentation reasonably related to the
    HB3098 Enrolled         - 24 - LRB104 09345 BDA 19403 b

1 collecting, sorting, packaging, and recycling of residential

2 CEDs from covered entities in compliance with this Act.

3   (h) Nothing in this Act shall require a manufacturer or

4 manufacturer e-waste program to collect, transport, or recycle

5 any CEDs other than residential CEDs from covered entities, or

6 to accept for transport or recycling any pallet or bulk

7 container of residential CEDs from covered entities that has

8 not been prepared by the collector for shipment in accordance

9 with subsection (e) of Section 1-45.

10 (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;

11 100-592, eff. 6-22-18.)

12  (415 ILCS 151/1-33)

13  (Section scheduled to be repealed on December 31, 2026)

14  Sec. 1-33. Manufacturer clearinghouse.

15  (a) A manufacturer e-waste program plan submitted by a

16 manufacturer clearinghouse may take into account and

17 incorporate individual plans or operations of one or more

18 manufacturers that are participating in the manufacturer

19 clearinghouse.

20  (b) If a manufacturer clearinghouse allocates

21 responsibility to manufacturers for manufacturers'

22 transportation and recycling of residential CEDs from covered

23 entities during a program year as part of a manufacturer

24 e-waste program plan, then the manufacturer clearinghouse

25 shall identify the allocation methodology in its plan
    HB3098 Enrolled      - 25 - LRB104 09345 BDA 19403 b

1 submission to the Agency pursuant to Section 1-25 of this Act

2 for review and approval. Any allocation of responsibility

3 among manufacturers for the collection of covered electronic

4 devices shall be in accordance with the allocation methodology

5 established pursuant to Section 1-84.5 of this Act.

6   (c) A manufacturer clearinghouse shall have no authority

7 to enforce manufacturer compliance with the requirements of

8 this Act, including compliance with the allocation methodology

9 set forth in a manufacturer e-waste program plan, but shall,

10 upon prior notice to the manufacturer, refer any potential

11 non-compliance to the Agency. A manufacturer clearinghouse may

12 develop and implement policies and procedures that exclude

13 from participation in the manufacturer clearinghouse any

14 manufacturers found by the Illinois Pollution Control Board or

15 a court of competent jurisdiction to have failed to comply

16 with this Act.

17 (Source: P.A. 100-592, eff. 6-22-18.)

18  (415 ILCS 151/1-35)

19  (Section scheduled to be repealed on December 31, 2026)

20  Sec. 1-35. Retailer responsibilities.

21  (a) Beginning in program year 2019, no retailer who first

22 sells, through a sales outlet, catalogue, or the Internet, a

23 CED at retail to an individual for residential use may sell or

24 offer for sale any CED in or for delivery into this State

25 unless:
    HB3098 Enrolled  - 26 - LRB104 09345 BDA 19403 b

1   (1) the CED is labeled with a brand, and the label is

2   permanently affixed and readily visible; and

3   (2) the manufacturer is registered with the Agency at

4   the time the retailer purchases the CED.

5   (b) A retailer shall be considered to have complied with

6 paragraphs (1) and (2) of subsection (a) if:

7   (1) a manufacturer registers with the Agency within 30

8   days of a retailer taking possession of the manufacturer's

9   CED;

10  (2) a manufacturer's registration expires and the

11  retailer ordered the CED prior to the expiration, in which

12  case the retailer may sell the CED, but only if the sale

13  takes place within 180 days of the expiration; or

14  (3) a manufacturer is no longer conducting business

15  and has no successor in interest, in which case the

16  retailer may sell any orphan CED ordered prior to the

17  discontinuation of business.

18  (c) Retailers shall not be considered collectors under the

19 convenience standard and retail collection sites shall not be

20 considered a collection site for the purposes of the

21 convenience standard pursuant to Sections 1-10, 1-15, and 1-25

22 unless otherwise agreed to in writing by the (i) retailer,

23 (ii) operators of the manufacturer e-waste program, and (iii)

24 the applicable county, municipal joint action agency, or

25 municipality if the county, municipal joint action agency, or

26 municipality elects to participate in the manufacturer e-waste
    HB3098 Enrolled      - 27 - LRB104 09345 BDA 19403 b

1 program. If retailers agree to participate in a county program

2 collection site, then the retailer collection site does not

3 have to collect all CEDs or register as a collector.

4   (d) Manufacturers may use retail or private network

5 collection sites for satisfying some or all of their

6 obligations pursuant to Sections 1-10, 1-15 and 1-25.

7   (e) Nothing in this Act shall prohibit a retailer or

8 private network collection site from collecting a fee for each

9 CED collected.

10 (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)

11  (415 ILCS 151/1-40)

12  (Section scheduled to be repealed on December 31, 2026)

13  Sec. 1-40. Recycler responsibilities.

14  (a) By January 1, 2019, and by January 1 of each year

15 thereafter for that program year, beginning with program year

16 2019, each recycler must register with the Agency by (i)

17 submitting to the Agency a $3,000 registration fee and (ii)

18 completing and submitting to the Agency the registration form

19 prescribed by the Agency. The registration form prescribed by

20 the Agency shall include, without limitation, the address of

21 each location where the recycler manages residential CEDs from

22 covered entities collected through a manufacturer e-waste

23 program and the certification required under subsection (d) of

24 this Section. All registration fees collected by the Agency

25 pursuant to this Section shall be deposited into the Solid
    HB3098 Enrolled           - 28 - LRB104 09345 BDA 19403 b

1 Waste Management Fund.

2   (a-5) The Agency may deny a registration under this

3 Section if the recycler or any employee or officer of the

4 recycler has a history of:

5   (1) repeated violations of federal, State, or local

6   laws, regulations, standards, or ordinances related to the

7   collection, recycling, or other management of CEDs;

8   (2) conviction in this State or another state of any

9   crime which is a felony under the laws of this State, or

10  conviction of a felony in a federal court; or conviction

11  in this State or another state or federal court of any of

12  the following crimes: forgery, official misconduct,

13  bribery, perjury, or knowingly submitting false

14  information under any environmental law, regulation, or

15  permit term or condition; or

16  (3) gross carelessness or incompetence in handling,

17  storing, processing, transporting, disposing, or otherwise

18  managing CEDs.

19  (b) The Agency shall post on the Agency's website a list of

20 all registered recyclers.

21  (c) Beginning in program year 2019, no person may act as a

22 recycler of residential CEDs from covered entities for a

23 manufacturer's e-waste program unless the recycler is

24 registered with the Agency as required under this Section.

25  (d) Beginning in program year 2019, recyclers must, as a

26 part of their annual registration, certify compliance with all
    HB3098 Enrolled  - 29 - LRB104 09345 BDA 19403 b

1 of the following requirements:

2   (1) Recyclers must comply with federal, State, and

3   local laws and regulations, including federal and State

4   minimum wage laws, specifically relevant to the handling,

5   processing, and recycling of residential CEDs from covered

6   entities and must have proper authorization by all

7   appropriate governing authorities to perform the handling,

8   processing, and recycling.

9   (2) Recyclers must implement the appropriate measures

10  to safeguard occupational and environmental health and

11  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 must maintain (i) commercial general

24  liability insurance or the equivalent corporate guarantee

25  for accidents and other emergencies with limits of not

26  less than $1,000,000 per occurrence and $1,000,000
    HB3098 Enrolled       - 30 - LRB104 09345 BDA 19403 b

1   aggregate and (ii) pollution legal liability insurance

2   with limits not less than $1,000,000 per occurrence for

3   companies engaged solely in the dismantling activities and

4   $5,000,000 per occurrence for companies engaged in

5   recycling.

6   (4) Recyclers must maintain on file documentation that

7   demonstrates the completion of an environmental health and

8   safety audit completed and certified by a competent

9   internal and external auditor annually. A competent

10  auditor is an individual who, through professional

11  training or work experience, is appropriately qualified to

12  evaluate the environmental health and safety conditions,

13  practices, and procedures of the facility. Documentation

14  of auditors' qualifications must be available for

15  inspection by Agency officials and third-party auditors.

16  (5) Recyclers must maintain on file proof of workers'

17  compensation and employers' liability insurance.

18  (6) Recyclers must provide adequate assurance, such as

19  bonds or corporate guarantees, to cover environmental and

20  other costs of the closure of the recycler's facility,

21  including cleanup of stockpiled equipment and materials.

22  (7) Recyclers must apply due diligence principles to

23  the selection of facilities to which components and

24  materials, such as plastics, metals, and circuit boards,

25  from residential CEDs from covered entities are sent for

26  reuse and recycling.
    HB3098 Enrolled  - 31 - LRB104 09345 BDA 19403 b

1   (8) Recyclers must establish a documented

2   environmental management system that is appropriate in

3   level of detail and documentation to the scale and

4   function of the facility, including documented regular

5   self-audits or inspections of the recycler's environmental

6   compliance at the facility.

7   (9) Recyclers must use the appropriate equipment for

8   the proper processing of incoming materials as well as

9   controlling environmental releases to the environment. The

10  dismantling operations and storage of residential CED

11  components from covered entities that contain hazardous

12  substances must be conducted indoors and over impervious

13  floors. Storage areas must be adequate to hold all

14  processed and unprocessed inventory. When heat is used to

15  soften solder and when residential CED components from

16  covered entities are shredded, operations must be designed

17  to control indoor and outdoor hazardous air emissions.

18  (10) Recyclers must establish a system for identifying

19  and properly managing components, such as circuit boards,

20  batteries, cathode-ray tubes, and mercury phosphor lamps,

21  that are removed from residential CEDs from covered

22  entities during disassembly. Recyclers must properly

23  manage all hazardous and other components requiring

24  special handling from residential CEDs from covered

25  entities consistent with federal, State, and local laws

26  and regulations. Recyclers must provide visible tracking,
    HB3098 Enrolled      - 32 - LRB104 09345 BDA 19403 b

1   such as hazardous waste manifests or bills of lading, of

2   hazardous components and materials from the facility to

3   the destination facilities and documentation, such as

4   contracts, stating how the destination facility processes

5   the materials received. No recycler may send, either

6   directly or through intermediaries, hazardous wastes to

7   solid non-hazardous waste landfills or to non-hazardous

8   waste incinerators for disposal or energy recovery. For

9   the purpose of these guidelines, smelting of hazardous

10  wastes to recover metals for reuse in conformance with all

11  applicable laws and regulations is not considered disposal

12  or energy recovery.

13  (11) Recyclers must use a regularly implemented and

14  documented monitoring and record-keeping program that

15  tracks for CEDs from covered entities total inbound

16  residential CED material weights and total subsequent

17  outbound weights to each destination, injury and illness

18  rates, and compliance with applicable permit parameters

19  including monitoring of effluents and emissions. Recyclers

20  must maintain contracts or other documents, such as sales

21  receipts, suitable to demonstrate: (i) the reasonable

22  expectation that there is a downstream market or uses for

23  designated electronics, which may include recycling or

24  reclamation processes such as smelting to recover metals

25  for reuse; and (ii) that any residuals from recycling or

26  reclamation processes, or both, are properly handled and
    HB3098 Enrolled           - 33 - LRB104 09345 BDA 19403 b

1   managed to maximize reuse and recycling of materials to

2   the extent practical.

3   (12) Recyclers must employ industry-accepted

4   procedures for the destruction or sanitization of data on

5   hard drives and other data storage devices. Acceptable

6   guidelines for the destruction or sanitization of data are

7   contained in the National Institute of Standards and

8   Technology's Guidelines for Media Sanitation or those

9   guidelines certified by the National Association for

10  Information Destruction.

11  (13) No recycler may employ prison labor in any

12  operation related to the collection, transportation, and

13  recycling of CEDs. No recycler may employ any third party

14  that uses or subcontracts for the use of prison labor.

15  (e) Each recycler shall, during each calendar year,

16 transport from each site that the recycler uses to manage

17 residential CEDs from covered entities not less than 75% of

18 the total weight of residential CEDs from covered entities

19 present at the site during the preceding calendar year. Each

20 recycler shall maintain on-site records that demonstrate

21 compliance with this requirement and shall make those records

22 available to the Agency for inspection and copying.

23  (f) Nothing in this Act shall prevent a person from acting

24 as a recycler independently of a manufacturer e-waste program.

25 (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
    HB3098 Enrolled             - 34 - LRB104 09345 BDA 19403 b

1   (415 ILCS 151/1-45)

2   (Section scheduled to be repealed on December 31, 2026)

3   Sec. 1-45. Collector responsibilities.

4   (a) By January 1, 2019, and by January 1 of each year

5 thereafter for that program year, beginning with program year

6 2019, a person acting as a collector under a manufacturer

7 e-waste program shall register with the Agency by completing

8 and submitting to the Agency the registration form prescribed

9 by the Agency. The registration form prescribed by the Agency

10 must include, without limitation, the address of each location

11 at which the collector accepts residential CEDs from covered

12 entities.

13  (a-5) The Agency may deny a registration under this

14 Section if the collector or any employee or officer of the

15 collector has a history of:

16  (1) repeated violations of federal, State, or local

17  laws, regulations, standards, or ordinances related to the

18  collection, recycling, or other management of CEDs;

19  (2) conviction in this State or another state of any

20  crime which is a felony under the laws of this State, or

21  conviction of a felony in a federal court; or conviction

22  in this State or another state or federal court of any of

23  the following crimes: forgery, official misconduct,

24  bribery, perjury, or knowingly submitting false

25  information under any environmental law, regulation, or

26  permit term or condition; or
    HB3098 Enrolled           - 35 - LRB104 09345 BDA 19403 b

1   (3) gross carelessness or incompetence in handling,

2   storing, processing, transporting, disposing, or otherwise

3   managing CEDs.

4   (b) The Agency shall post on the Agency's website a list of

5 all registered collectors.

6   (c) Manufacturers and recyclers acting as collectors shall

7 so indicate on their registration under Section 1-30 or 1-40

8 of this Act.

9   (d) By March 1, 2020 and every March 1 thereafter, each

10 collector that operates a program collection site or one-day

11 collection event shall report, to the Agency and to the

12 manufacturer e-waste program, the total weight, by CED

13 category, of residential CEDs from covered entities

14 transported from the program collection site or one-day

15 collection event during the previous program year.

16  (e) Each collector that operates a program collection site

17 or one-day event shall ensure that the collected residential

18 CEDs from covered entities are sorted and loaded in compliance

19 with local, State, and federal law. In addition, at a minimum,

20 the collector shall also comply with the following

21 requirements:

22  (1) residential CEDs from covered entities must be

23  accepted at the program collection site or one-day

24  collection event unless otherwise provided in this Act;

25  (2) residential CEDs from covered entities shall be

26  kept separate from other material and shall be:
    HB3098 Enrolled     - 36 - LRB104 09345 BDA 19403 b

1   (A) packaged in a manner to prevent breakage; and

2   (B) loaded onto pallets and secured with plastic

3   wrap or in pallet-sized bulk containers prior to

4   shipping; and

5   (C) on average per collection site 18,000 pounds

6   per shipment, and if not then the recycler may charge

7   the collector a prorated charge on the shortfall in

8   weight, not to exceed $600, unless the total

9   collection weight from a one-day collection is less

10  than 18,000 pounds, for which the recycler shall not

11  charge the collector for any shortfall from a minimum

12  of two one-day collection events per program year,

13  with the waiver of the shortfall for any additional

14  events to be made at the sole discretion of the

15  recycler;

16  (3) residential CEDs from covered entities shall be

17  sorted into the following categories:

18  (A) computer monitors and televisions containing a

19  cathode-ray tube, other than televisions with wooden

20  exteriors;

21  (B) computer monitors and televisions containing a

22  flat panel screen;

23  (C) all covered televisions that are residential

24  CEDs from covered entities;

25  (D) computers;

26  (E) all other residential CEDs from covered
    HB3098 Enrolled          - 37 - LRB104 09345 BDA 19403 b

1   entities; and

2   (F) any electronic device that is not part of the

3   manufacturer program that the collector has arranged

4   to have picked up with residential CEDs from covered

5   entities and for which a financial arrangement has

6   been made to cover the recycling costs outside of the

7   manufacturer program;

8   (4) containers holding the CEDs must be structurally

9   sound for transportation; and

10  (5) each shipment of residential CEDs from covered

11  entities from a program collection site or one-day

12  collection event shall include a collector-prepared bill

13  of lading or similar manifest, which describes the origin

14  of the shipment and the number of pallets or bulk

15  containers of residential CEDs from covered entities in

16  the shipment.

17  (f) Except as provided in subsection (g) of this Section,

18 each collector that operates a program collection site or

19 one-day collection event during a program year shall accept

20 all residential CEDs from covered entities that are delivered

21 to the program collection site or one-day collection event

22 during the program year.

23  (g) No collector that operates a program collection site

24 or one-day collection event shall:

25  (1) accept, at the program collection site or one-day

26  collection event, more than 7 residential CEDs from
    HB3098 Enrolled        - 38 - LRB104 09345 BDA 19403 b

1   covered entities from an individual at any one time;

2   (2) scrap, salvage, dismantle, or otherwise

3   disassemble any residential CED from a covered entity

4   collected at a program collection site or one-day

5   collection event;

6   (3) deliver to a manufacturer e-waste program, through

7   its recycler, any CED other than a residential CED from a

8   covered entity collected at a program collection site or

9   one-day collection event; or

10  (4) deliver to a person other than the manufacturer

11  e-waste program or its recycler, a residential CED from a

12  covered entity collected at a program collection site or

13  one-day collection event.

14  (h) Beginning in program year 2019, registered collectors

15 participating in county supervised collection programs may

16 collect a fee for each desktop computer monitor or television

17 accepted for recycling to cover costs for collection and

18 preparation for bulk shipment or to cover costs associated

19 with the requirements of subsection (e) of Section 1-45.

20  (i) Nothing in this Act shall prevent a person from acting

21 as a collector independently of a manufacturer e-waste

22 program.

23 (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)

24  (415 ILCS 151/1-84.5)

25  (Section scheduled to be repealed on December 31, 2026)
    HB3098 Enrolled  - 39 - LRB104 09345 BDA 19403 b

1   Sec. 1-84.5. Manufacturer clearinghouse; allocation of

2 financial responsibility for the transportation and recycling

3 of covered electronic devices.

4   (a) As used in this Section, unless the context otherwise

5 requires:

6   "Adjusted total proportional responsibility" means the

7 percentage calculated for each participating manufacturer for

8 a program year under subsection (f) of this Section.

9   "Market share" means the percentage that results from

10 dividing:

11  (1) the product of the total weight reported for a CED

12  category by a manufacturer, for the calendar year 2 years

13  before the applicable program year, under paragraph (2) of

14  subsection (a) of Section 1-30 of this Act, multiplied by

15  the population adjustment factor for that year; by

16  (2) the product of the total weight reported for that

17  CED category by all manufacturers, for the calendar year 2

18  years before the applicable program year, under paragraph

19  (2) of subsection (a) of Section 1-30 of this Act,

20  multiplied by the population adjustment factor for that

21  year.

22  "Participating manufacturer" means a manufacturer that a

23 manufacturer clearinghouse has listed, pursuant to subsection

24 (c) of this Section, as a participant in the manufacturer

25 clearinghouse for a program year.

26  "Population adjustment factor" means the percentage that
    HB3098 Enrolled    - 40 - LRB104 09345 BDA 19403 b

1 results when (i) the population of Illinois, as reported in

2 the most recent federal decennial census, is divided by (ii)

3 the population of the United States, as reported in the most

4 recent federal decennial census.

5   "Return share" means the percentage, by weight, of each

6 CED category that is returned to the program collection sites

7 and one-day collection events operated by or on behalf of

8 either a manufacturer clearinghouse or one or more of its

9 participating manufacturers during the calendar year 2 years

10 before the applicable program year, as reported to the Agency

11 under Section 1-10 of this Act; except that, for program year

12 2019 and program year 2020, "return share" means the

13 percentage, by weight, of each CED category that is estimated

14 by the manufacturer clearinghouse to be returned to those

15 sites and events during the applicable program year, as

16 reported to the Agency under subsection (b) of this Section.

17  "Unadjusted total proportional responsibility" means the

18 percentage calculated for each participating manufacturer

19 under subsection (e) of this Section.

20  (b) By March 1, 2018, each manufacturer clearinghouse

21 shall provide the Agency with a statement of the return share

22 for each CED category for program year 2019, and by March 1,

23 2019, each manufacturer clearinghouse shall provide the Agency

24 with a statement of the return share for each CED category for

25 program year 2020.

26  (c) If a manufacturer clearinghouse submits to the Agency
    HB3098 Enrolled  - 41 - LRB104 09345 BDA 19403 b

1 a manufacturer e-waste program plan under Section 1-25 of this

2 Act, then the manufacturer clearinghouse shall include in the

3 plan a list of manufacturers that have agreed to participate

4 in the manufacturer clearinghouse for the upcoming program

5 year.

6   (d) By November 1, 2018, and each November 1 thereafter,

7 the Agency shall provide each manufacturer clearinghouse with

8 a statement of the unadjusted total proportional

9 responsibility and adjusted total proportional responsibility

10 of each of its participating manufacturers for the upcoming

11 program year.

12  (e) For each program year, the Agency shall calculate the

13 unadjusted total proportional responsibility of each

14 participating manufacturer as follows:

15       (1) For each CED category, the Agency shall multiply

16  (i) the participating manufacturer's market share for the

17  CED category by (ii) the return share for the CED

18  category, to arrive at the category-specific proportional

19  responsibility of the participating manufacturer for the

20  CED category.

21       (2) The Agency shall then, for each participating

22  manufacturer, sum the category-specific proportional

23  responsibilities of the participating manufacturer

24  calculated under paragraph (1), to arrive at the

25  participating    manufacturer's        unadjusted  total

26  proportional responsibility.
    HB3098 Enrolled      - 42 - LRB104 09345 BDA 19403 b

1   (f) If the sum of all unadjusted total proportional

2 responsibilities of a manufacturer clearinghouse's

3 participating manufacturers for a program year accounts for

4 less than 100% of the return share for that year, then the

5 Agency shall divide the unallocated return share among

6 participating manufacturers in proportion to their unadjusted

7 total proportional responsibilities, to arrive at the adjusted

8 total proportional responsibility for each participating

9 manufacturer.

10  (g) A manufacturer may use retail or private network

11 collection sites to satisfy some or all of the manufacturer's

12 responsibilities, including, but not limited to, the

13 manufacturer's transportation and recycling of collected

14 residential CEDs from covered entities pursuant to any

15 allocation methodology established under this Act. Nothing in

16 this Act shall prevent a manufacturer from using retail or

17 private network collection sites to satisfy any percentage of

18 the manufacturer's total responsibilities, including, but not

19 limited to, the manufacturer's transportation and recycling of

20 collected residential CEDs from covered entities pursuant to

21 any allocation methodology established under this Act or by

22 administrative rule.

23 (Source: P.A. 100-592, eff. 6-22-18.)

24  (415 ILCS 151/1-85)

25  (Section scheduled to be repealed on December 31, 2026)
    HB3098 Enrolled          - 43 - LRB104 09345 BDA 19403 b

1   Sec. 1-85. Advisory Electronics Recycling Task Force.

2   (a) There is hereby created an Advisory Electronics

3 Recycling Task Force, which shall consist of the following 10

4 members, to be appointed by the Director of the Agency:

5   (1) two individuals who are representatives of county

6   recycling programs;

7   (2) two individuals who are representatives of

8   recycling companies;

9   (3) two individuals who are representatives from the

10  manufacturing industry;

11  (4) one individual who is a representative of a

12  statewide trade association representing retailers;

13  (5) one individual who is a representative of a

14  statewide trade association representing manufacturers;

15  (6) one individual who is a one representative of a

16  statewide trade association representing waste disposal

17  companies; and

18  (7) one individual who is a representative of a

19  national trade association representing manufacturers.

20  Members of the Task Force shall be appointed as soon as

21 practicable after the effective date of this amendatory Act of

22 the 100th General Assembly, shall serve for 2-year terms, and

23 may be reappointed. Vacancies shall be filled by the Director

24 of the Agency for the remainder of the current term. Members

25 shall serve voluntarily and without compensation.

26  Members shall elect from their number a chairperson, who
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1 shall also serve a 2-year term. The Task Force shall meet

2 initially at the call of the Director of the Agency and

3 thereafter at the call of the chairperson. A simple majority

4 of the members of the Task Force shall constitute a quorum for

5 the transaction of business, and all actions and

6 recommendations of the Task Force must be approved by a simple

7 majority of its members.

8   (b) By November 1, 2018, and each November 1 thereafter,

9 the Task Force shall submit, to the Agency for posting on the

10 Agency's website, a list of agreed-to best practices to be

11 used at program collection sites and one-day collection events

12 in the following program year. By November 1, 2026, and each

13 November 1 thereafter, the Task Force shall submit, to the

14 Agency for posting on the Agency's website, agreed-to best

15 practices for a county, municipal joint action agency, or

16 municipality to elect to participate in a manufacturer e-waste

17 program and best practices for education and awareness of

18 covered entities. When establishing best practices, the Task

19 Force shall consider the desired intent to preserve existing

20 collection programs and relationships when possible.

21  (b-5) The Task Force shall receive program updates from

22 the Agency and e-waste manufacturer program no less frequently

23 than at each meeting of the Task Force. The Task Force may

24 discuss and provide program feedback at the option of the Task

25 Force or upon request of the Agency or e-waste manufacturer

26 program.
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1   (c) The Agency shall provide the Task Force with

2 administrative support as necessary.

3 (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)

4   (415 ILCS 151/1-86)

5   (Section scheduled to be repealed on December 31, 2026)

6   Sec. 1-86. Public Reporting. Each year, the Agency shall

7 post on its website the information it receives pursuant to

8 subdivision (b)(4) of Section 1-10 showing the amounts of

9 residential CEDs from covered entities being collected and

10 recycled in each county in each program year. The Agency shall

11 notify the General Assembly of the availability of this

12 information.

13 (Source: P.A. 100-433, eff. 8-25-17.)

14  (415 ILCS 151/1-90)

15  (Section scheduled to be repealed on December 31, 2026)

16  Sec. 1-90. Repeal. This Article is repealed on December

17 31, 2031 2026.

18 (Source: P.A. 100-433, eff. 8-25-17.)

19  (415 ILCS 151/1-91 new)

20  Sec. 1-91. Education and consumer awareness requirements.

21 A manufacturer clearinghouse must carry out education and

22 consumer awareness activities in support of plan

23 implementation including, but not limited to:
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1   (1) the development and maintenance of a program

2   website;

3   (2) the development and posting on the program website

4   of educational materials that provide consumers with

5   awareness of the program and the restriction on the

6   disposal of CEDS in Section 1-83, with educational

7   materials provided in digital or printable formats

8   suitable for distribution at retailers, at collection

9   sites, on websites, on social media, or through other

10  relevant platforms that are accessible for use by persons

11  including, but not limited to, manufacturers, retailers,

12  government agencies, waste and recycling collectors, and

13  nonprofit organizations;

14  (3) the posting on the program website of all program

15  collection sites, one-day collection events, retail

16  collection sites, and private network collection sites,

17  including the county served by each, for each program year

18  as specified in the e-waste program plan required in

19  Section 1-25; and

20  (4) the posting on the program website of the annual

21  program report required in Section 1-10(b)(4) following

22  submittal of the report to the Agency.
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