SB1417sam003 100TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 5/16/2017

10000SB1417sam003 LRB100 09551 MJP 26449 a

AMENDMENT TO SENATE BILL 1417

AMENDMENT NO. ______. Amend Senate Bill 1417, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 7, by replacing lines 5 and 6 with "collection sites and one-day collection events."; and

on page 8, by deleting lines 6 through 11; and

on page 11, lines 12 and 13, by replacing "January 31" each time it appears with "March 1"; and

on page 12, by replacing lines 1 through 3 with the following:

"(c) Each manufacturer e-waste program shall make the instructions required under paragraph (2) of subsection (b) available on its website by December 1, 2017, and the program shall provide to the Agency a hyperlink to the website for posting on the Agency's website."; and

on page 13, immediately below line 18, by inserting the following:

"For purposes of this Section, county population densities shall be based on the entire county's population density, regardless of whether a municipality or municipal joint action agency in the county participates in the program."; and

on page 13, by replacing line 23 with "municipality and the county collection sites required under paragraph (6) of subsection (a) of this Section shall be"; and

on page 14, by replacing lines 2 through 17 with the following:

"(b) Notwithstanding subsection (a) of this Section, any county recycling coordinator for a county that participates in a manufacturer e-waste program for a program year, any recycling coordinator for a municipality with a population of over 1,000,000 residents that participates in a manufacturer e-waste program for a program year, or any executive director of a municipal joint action agency that participates in a manufacturer e-waste program for a program year may enter into a written agreement with the manufacturer e-waste program to do any one or more of the following:

(1) to decrease the number of program collection sites within the county, municipality, or territorial boundary of the municipal joint action agency;

(2) to substitute a program collection site in the county, municipality, or territorial boundary of the municipal joint action agency with either (i) 4 one-day collection events or (ii) a different number of such events as may be provided in the written agreement;

(3) to substitute the location of a program collection site in the county, municipality, or territorial boundary of the municipal joint action agency with another location in the county, municipality, or territorial boundary of the municipal joint action agency; or

(4) to substitute the location of a one-day collection in the county, municipality, or territorial boundary of the municipal joint action agency with another location in the county, municipality, or territorial boundary of the municipal joint action agency."; and

by deleting line 22 on page 14 through line 10 on page 15; and

on page 15, line 11, by replacing "(d)" with (c)"; and

on page 15, by replacing line 18 with "manufacturer e-waste program, on or before March"; and

on page 16, by replacing lines 9 through 13, with the following:

"A county may, by written agreement with a municipal joint action agency located within that county, cede one or more of the collection sites to the municipal joint action agency upon the municipal joint action agency's election to participate in a manufacturer e-waste program. The municipal joint action agency's election to participate must be submitted by the March 1 preceding the applicable program year and must include a copy of the written agreement between the county and municipal joint action agency. The written agreement must specify the number of collection sites ceded to the municipal joint action agency by the county."; and

on page 16, lines 21 and 22, by replacing "best practices" with "Section 1-45"; and

on page 17, by replacing lines 13 through 15 with "residential CEDs under the program; and"; and

on page 18, by replacing line 6 with "shall make the approved plan available on the Agency's website."; and

on page 18, line 14, by deleting "individual who serves as the point of contact for the"; and

on page 18, immediately below line 17, by inserting the following:

"(c) An updated list of recyclers must be provided to the Agency no later than the December 1 preceding each program year."; and

on page 18, line 23, by replacing "$3,000" with "$5,000"; and

on page 19, line 4, after ";", by inserting "and"; and

on page 19, line 5, by replacing "the weight of all televisions" with "the total weights, by category, of CEDs"; and

on page 19, line 8, by replacing ";" with "."; and

on page 19, by deleting lines 9 through 24; and

on page 21, by replacing lines 3 through 5 with the following:

"(a) Beginning in program year 2019, no retailer may sell or"; and

on page 21, line 14, by replacing "agency" with "Agency"; and

on page 21, line 22, immediately after "interest", by inserting ", in which case"; and

on page 22, line 5, by replacing "manufacture" with "manufacturer"; and

on page 22, line 22, immediately after "CEDs", by inserting "collected through a manufacturer e-waste program"; and

on page 23, by replacing lines 2 and 3 with "all registered recyclers."; and

on page 23, by replacing lines 8 and 9 with the following:

"(d) Beginning in program year 2019, recyclers must, as a part of their annual registration, certify compliance with all of the following:"; and

on page 28, by replacing lines 20 through 23 with "one-day collection event shall report, to the Agency and to the manufacturer e-waste program, the total weight of all residential CEDs transported from the program collection site or one-day collection event during the previous program year."; and

on page 29, by replacing lines 2 and 3 with "law. In addition, at a"; and

on page 29, line 16, by replacing "prorate" with "prorated"; and

on page 30, line 22, by replacing "an individual" with "a person"; and

on page 31, by replacing line 3 with "penalty of $7,000 per violation, provided that the penalty for a failure to register or pay a fee under this Act shall be double the applicable registration fee."; and

on page 31, line 11, immediately after "Environmental", by inserting "Protection"; and

on page 32, immediately below line 1, by inserting the following:

"(f) A knowing violation of subsections (a), (b), or (c) of Section 1-83 of this Act by anyone other than a residential consumer is a petty offense punishable by a fine of $500. A knowing violation of subsections (a), (b), or (c) of Section 1-83 by a residential consumer is a petty offense punishable by a fine of $25 for a first violation; however, a subsequent violation by a residential consumer is a petty offense punishable by a fine of $50.

(g) Any person who knowingly makes a false material statement or certification in a registration required under this Act commits the offense of perjury and shall be subject to the penalties set forth in Section 32-2 of the Criminal Code of 2012."; and

on page 32, by replacing lines 6 and 7 with "of this Act, and any violation of a plan submission requirement in Section 1-25 of this Act shall"; and

on page 34, by deleting lines 11 through 23; and

on page 37, by deleting lines 18 and 19; and

on page 37, immediately above line 20, by inserting the following:

"Section 1-84. Allocation of financial responsibilities among manufacturers.

(a) By no later than January 1, 2019, the Pollution Control Board shall adopt rules that specify how to allocate financial responsibilities for the transportation and recycling of collected CEDs among manufacturers participating in a manufacturer e-waste program. To ensure the equitable and efficient allocation of those obligations, the rules adopted by the Pollution Control Board shall include a formula that shall be used by manufacturers to identify their proportional responsibility for the transportation and recycling of collected CEDs. The formula developed by the Pollution Control Board shall take into consideration each manufacturer's market and return shares and any other factors the Pollution Control Board deems relevant. The rules adopted by the Pollution Control Board under this Section shall also allow manufacturers to use retail collection sites to satisfy some or all of their responsibilities for the transportation and recycling of collected CEDs.

(b) To assist the Pollution Control Board, there is hereby created an Advisory Financial Responsibility Allocation Task Force, which shall consist of the following members, to be appointed by the Director of the Environmental Protection Agency:

(1) one individual who is a representative of a statewide association representing retailers;

(2) one individual who is a representative of a statewide association representing manufacturers;

(3) one individual who is a representative of a national association representing manufacturers of consumer electronics; and

(4) one individual who is a representative of a national association representing the information technology industry.

As soon as practicable after the effective date of this Act, members of the Advisory Financial Responsibility Allocation Task Force shall be appointed and meet. The Advisory Financial Responsibility Allocation Task Force shall file with the Pollution Control Board, by no later than February 1, 2018, a rulemaking proposal, which sets forth a system for allocating financial responsibilities for the transportation and recycling of collected CEDs among manufacturers participating in a manufacturer e-waste program.

Members of the Advisory Financial Responsibility Allocation Task Force shall serve voluntarily and without compensation. The Agency shall provide administrative support to the Task Force as needed.

The Advisory Financial Responsibility Allocation Task Force is dissolved by operation of law on January 1, 2019.

(c) The rulemaking required under this Section shall be conducted in accordance with Title VII of the Environmental Protection Act, except that no signed petitions for the rulemaking proposal shall be required."; and

on page 38, line 1, by replacing "8" with "10"; and

on page 83, line 17, by replacing "2019" with "2020".