SB0102sam001 97TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 3/11/2011

09700SB0102sam001 LRB097 05357 JDS 52708 a

AMENDMENT TO SENATE BILL 102

AMENDMENT NO. ______. Amend Senate Bill 102 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Plastic Bag and Film Recycling Act.

Section 5. Findings and purpose.

(a) The General Assembly finds all of the following:

(1) Senate Bill 303 of the 95th General Assembly, as amended, became law in August of 2007 (effective January 1, 2008) and was referred to as the Plastic Bag Recycling Act (P.A. 095-0268).

(2) The Plastic Bag Recycling Act required a Task Force to be assembled to administer a pilot collection program for plastic bags and plastic film within the confines of Lake County, Illinois that would engage retail businesses that operated stores of 10,000 square feet or greater to voluntarily participate in the pilot program, and, in May of 2010, the Task Force submitted a report of the pilot program findings to the Governor and the leadership of the General Assembly.

(3) The Task Force findings referred to data contained in the Illinois Commodity Waste Generation and Characterization Study commissioned in 2008 by the Illinois Department of Commerce and Economic Opportunity which indicate that nearly 500,000 tons of plastic film material is generated each year in Illinois that has a potential market value of $100 million; however, 98.5% of this plastic film is landfilled. The Study also found that plastic grocery bags represent only about 15% of all plastic film disposed of in Illinois landfills, which led the Task Force to focus attention on not only the recovery of plastic grocery bags, but also the recovery of plastic film product wrap that is used to package numerous consumer products.

(4) The Task Force concluded that the disposal of plastic bags and film represents a tremendous waste of non-renewable resources that can be recycled, but that lack an adequate collection infrastructure, and that participating retailers responded favorably overall to the pilot program and intended to continue collecting plastic bags from their customers with the majority of them indicating that their overall costs to operate the collection program were minimal and were built into daily operational procedures.

(5) Markets for plastic bags and film do exist, and, if this material can be successfully diverted from final disposal, it has the potential to conserve a non-renewable resource by reusing it as a feedstock for new plastic bags and plastic lumber, as well as for other beneficial uses. In addition to conserving resources the recycling of plastic bags and film reduces air, land, and water pollution.

(6) The 2010 Recycling Economic Information Study Update for Illinois estimates that the plastics industry employs approximately 3,114 people in Illinois, generating an annual payroll of $98,887,000, and, based on this data, it is estimated that a statewide plastic bag and film recycling program would generate over 300 jobs with an estimated payroll of $9,500,000.

(7) The plastic bag industry has taken great strides in promoting increased recycling of plastic bags in the State, and this Act recognizes that continued and increased responsibility of industry to support increased plastic bag recycling is in the State's and the public's interests.

(8) A consistent and uniform statewide approach to collecting, processing, and recycling plastic bags and film is preferable to legislation enacted by local jurisdictions that may conflict with this Act.

(b) The purpose of this Act is to set forth the procedures by which the collection and recycling of plastic bags and film will be accomplished in Illinois.

Section 10. Definitions. As used in this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Consumer" means any person who makes a purchase at retail.

"Manufacturer" means a manufacturer of plastic carryout bags used or distributed in Illinois.

"Percent post-consumer recycled content" means the percentage of recycled plastic carryout bags, plastic film product wrap, or both, that is present in a new plastic carryout bag following an original use of the bag or wrap by a consumer.

"Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent, or assigns.

"Plastic carryout bag" means any polyethylene bag that is provided to a consumer by a retailer at checkout.

"Plastic film product wrap" means a polyethylene wrap used to cover, wrap, or otherwise package consumer goods, such as paper towels, bathroom tissue, cases of sodas, diapers, and other dry goods.

"Recycling" means any process by which plastic carryout bags, plastic film product wrap, or both, are collected and processed and returned to the economic mainstream in the form of raw materials or products. "Recycling" does not include energy recovery or energy generation by means of combusting plastic carryout bags and plastic film product wrap, and it does not include any use within the permitted boundaries of a municipal solid waste landfill unit.

"Retailer" means a person engaged in the business of making sales at retail that generates occupation or use tax revenue.

Section 15. Registration and fee required.

(a) Beginning March 15, 2012, each manufacturer shall register with the Agency annually and, at the time of registration, shall pay an annual registration fee of $500 to the Agency. Registrations and registration fees are due by March 15th of the year for which they are submitted and shall remain valid until March 15th of the following year. A manufacturer shall not be considered registered until the Agency receives a complete registration form, the required registration fee, and the recycling plan. Registrations must be submitted on forms and in a format prescribed by the Agency. The Agency shall deposit all registration fees collected under this Section into the Environmental Protection Permit and Inspection Fund.

(b) No manufacturer shall sell or offer to sell plastic carryout bags for use or distribution in Illinois unless the manufacturer is registered with the Agency and has paid the required registration fee in accordance with subsection (a) of this Section.

Section 20. Manufacturer label required. Beginning March 15, 2012, no manufacturer shall sell or offer to sell plastic carryout bags in Illinois unless the name of the manufacturer is printed on the bag so that the manufacturer's identity is readily identifiable.

Section 25. Plastic carryout bag and plastic film product wrap recycling plan.

(a) No later than March 15, 2012, each manufacturer shall develop and thereafter maintain a plan for supporting the collection and recycling of carryout plastic bags and plastic film product wrap and shall submit a copy of the plan to the Agency for posting to the Agency's website. Manufacturers may develop and implement the plan individually, or jointly with other manufacturers. The plan shall:

(1) describe the recycling program to be implemented throughout the State, including collection locations, events, or both;

(2) include a detailed description as to how the plan will be implemented;

(3) describe the performance measures that will be used to document collection efforts for plastic carryout bags and plastic film product wrap;

(4) include a public education plan on the reuse and recycling of plastic carryout bags and plastic film product wrap; and

(5) include the mailing address or email address of the manufacturer for the submission of comments regarding the plan.

(b) No later than April 15, 2012 or 30 days after receiving the plan, whichever is later, the Agency shall post the plan on its website. Within 30 days after the plan is posted on the Agency's website, a person may provide written comments to the manufacturer regarding the plan. The manufacturer whose plan is commented on shall respond in writing to the person making the comments within 30 days after receipt of the comments, and may make revisions to the plan if appropriate. If a plan receives no comments within the 30-day comment period it shall be considered final after the comment period ends. If comments are received on a plan it shall be considered final after the comments have been responded to in writing by the manufacturer and a revised plan, if applicable, has been submitted, no later than June 15, 2012, to the Agency for posting on its website no later than July 15, 2012.

(c) A manufacturer may prepare a revised plan and submit it to the Agency, for posting on the Agency's website no later than 30 days after receipt by the Agency, in response to changed circumstances or needs.

(d) Each manufacturer is responsible for all costs associated with the development and implementation of its plan.

(e) By June 1, 2013 and by June 1 of each year thereafter, each manufacturer shall submit a report to the Agency that includes, for the previous calendar year, a description of the manufacturer's collection and recycling program, including, but not limited to, the collection locations for plastic carryout bags and plastic film product wrap, the processing locations for the collected plastic carryout bags and plastic film product wrap, the weight in pounds of plastic carryout bags and plastic film product wrap collected and processed for recycling, the weight in pounds of plastic carryout bags the manufacturer sold for use or distribution in Illinois, and samples of the education materials provided to consumers. Beginning with the annual report due June 1, 2015, the report shall also state the amounts of pre-consumer recycled content and post-consumer recycled content in the plastic carryout bags the manufacturer sold for use or distribution in Illinois.

(f) A manufacturer shall conduct and document due diligence assessments of any person with whom the manufacturer contracts or arranges for any one or more of the following: a recycling collection location; collection, processing or transportation of plastic carryout bags or plastic film product wrap; or recycling of plastic carryout bags and plastic film product wrap.

(g) A manufacturer may fulfill the requirements of this Section either individually or in participation with other manufacturers.

Section 30. Requirements applicable to retailers.

(a) Beginning April 15, 2012, no retailer shall purchase plastic carryout bags for use or distribution in Illinois unless the manufacturer of the bags is registered with the Agency in accordance with Section 15.

(b) Beginning April 15, 2012, no retailer shall purchase plastic carryout bags for use or distribution in Illinois unless the bag manufacturer's plan is posted on the Agency's website in accordance with Section 25.

(c) Beginning March 15, 2012, no retailer shall purchase plastic carryout bags for use or distribution in Illinois unless the name of the manufacturer is printed on the bag so that the manufacturer's identity is readily identifiable.

(d) Beginning March 1, 2015, no retailer shall purchase plastic carryout bags unless the bag is labeled and is compliant with Section 40.

Section 35. Responsibilities of the Agency.

(a) Beginning April 15, 2012, for the benefit of assisting consumers who wish to find collection locations for recycling plastic bags, the Agency shall post on its website the location of all collection sites identified to the Agency by manufacturers in their plans and annual reports.

(b) Beginning April 15, 2012, the Agency shall post on its website the list of manufacturers that are registered in accordance with Section 15.

(c) Beginning April 15, 2012, the Agency shall post on its website the list of manufacturers for which the Agency has received a plan in accordance with Section 25.

(d) Beginning September 1, 2013, the Agency shall post on its website (i) the list of manufacturers for which the Agency has received an annual report in accordance with Section 25, and (ii) copies of the annual reports within 30 days after receipt.

Section 40. Percent recycled content requirements.

(a) Beginning March 1, 2014, no manufacturer shall sell plastic carryout bags for use or distribution in Illinois unless each bag is labeled to identify the percent post-consumer recycled content in the bag.

(b) Beginning March 1, 2015, no manufacturer shall sell plastic carryout bags for use or distribution in Illinois unless each bag includes at least 30% total recycled content, of which at least 15% is pre-consumer recycled content and at least 15% is post-consumer recycled content.

(c) Beginning with the annual report due in 2015 and annually thereafter, each manufacturer shall include a statement in the annual report submitted pursuant to subsection (e) of Section 25 that it has met the recycled content and labeling requirements of this Section. Each manufacturer shall meet the recycled content requirements of subsection (b) of this Section unless the manufacturer can demonstrate in its annual report that there was not a sufficient quantity of pre-consumer or post-consumer plastic bags and film available to meet the requirements. The Agency may require additional information or documentation, from a manufacturer that informs the Agency that it was unable to meet the recycled content requirement, to determine compliance with this Section.

Section 50. Penalties. Any manufacturer or retailer who violates any provision of this Act or fails to perform any duty under this Act shall be liable for a civil penalty not to exceed $1,000 and an additional civil penalty not to exceed $100 per day for each day the violation continues. The penalties provided for in this Section may be recovered in a civil action brought in the name of the People of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General. Any funds collected under this Section in an action in which the Attorney General has prevailed shall be deposited in the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act.

Section 55. Report to the General Assembly. No later than October 1, 2016, the Director of the Agency shall submit a report to the General Assembly describing the results of the plastic carryout bag and plastic film wrap collection and recycling program on a statewide basis. The report shall also contain recommendations regarding whether the program shall be made permanent and any modifications to improve its function and efficiency.

Section 99. Effective date. This Act takes effect upon becoming law.".