Public Act 095-0268
 		





SB0303 Enrolled
LRB095 08890 CMK 29077 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 1. Short title. This Act may be cited as the 
Plastic Bag Recycling Act.
 
    Section 5. Definitions. As used in this Act:
    "Agency" means the Illinois Environmental Protection 
Agency.
    "Consumer" means any person who makes a purchase at retail 
for any purpose other than resale.
    "Distributing plastic bags to consumers" means the act of a 
retailer giving to a consumer a plastic bag to store or 
transport goods purchased at retail.
    "Plastic bag" means any plastic, latex,  or polypropylene 
bag.
    "Purchase at retail" means the acquisition of the ownership 
of or title to tangible personal property through a sale at 
retail.
    "Retailer" means a person engaged in the business of
making 
sales at retail that owns or controls more than 10,000 square 
feet of retail space in Lake County.
 
    Section 10. Recycling pilot program in Lake County. 
    (a) Within 90 days after the first meeting of the Plastic 
Bag Recycling Task Force, the Task Force shall promulgate 
procedures and guidelines implementing a voluntary plastic bag 
recycling pilot program for retailers in Lake County. The 
Agency shall administer the pilot program under the procedures 
and guidelines adopted by the Task Force.  
    Retailers, as defined by Section 5 of this Act,  that are 
participating in the pilot program and distributing plastic 
bags to consumers free of charge as part of a purchase at 
retail must:
        (1) implement a plastic bag collection program that 
    facilitates the return and recycling of plastic bags 
    distributed to consumers by that retailer;
        (2) provide a clearly marked receptacle  for the 
    collection of plastic bags that is in a convenient location 
    for that retailer's consumers; and
        (3) arrange for the pick-up, transport, and recycling 
    of plastic bags deposited in the collection receptacles by 
    consumers. 
    (b) In meeting the pilot program guidelines, retailers may 
work individually or as part of a group.
    (c) The provisions of this Section are subject to 
appropriation.
 
    Section 15. Task Force. 
    (a) The Plastic Bag Recycling Task Force is created.  The 
Task Force shall consist of one legislator appointed by each of 
the following:  the President of the Senate, the Minority Leader 
of the Senate, the Speaker of the House of Representatives, and 
the Minority Leader of the House of Representatives; 3 
representatives of a statewide association exclusively 
representing retailers; and one representative from each of the 
following:
        (1) a plastic film recycler;
        (2) the Solid Waste Agency of Lake County;
        (3) the Illinois Environmental Protection Agency; and
        (4) the Lake County Board.
    Within 90 days after the effective date of this Act the 
Plastic Bag Recycling Task Force shall be formed. The Task 
Force shall meet at least twice a year. The Agency shall chair 
the meetings and facilitate the Task Force.
    (b) On or before March 1, 2010, the Task Force, in 
collaboration with the Agency, shall compile and submit a 
report to the Governor, the President of the Senate, the 
Minority Leader of the Senate, the Speaker of the House of 
Representatives, and the Minority Leader of the House of 
Representatives, discussing, but not limited to, the following 
topics:
        (1) enrollment in the pilot program;
        (2) benefits and costs to the environment, retailers, 
    residents of Lake County;
        (3) cost-benefit analysis of the pilot program;
        (4) any burden suffered as a result of the pilot 
    program; and
        (5) any unforeseen transportation issues, liability, 
    or costs for participants in the pilot program.
 
    Section 90. Repealer. This Act is repealed June 1, 2010.