(415 ILCS 150/5)
Sec. 5. Findings and purpose.
(a) The General Assembly finds all of the following:
(1) Electronic products are the fastest growing
| portion of the solid waste stream. In 2005, 2,600,000 tons of electronic products became obsolete yet only 13% of those products were recycled. | |
(2) Many electronic products contain lead, mercury, |
| cadmium, hexavalent chromium, and other materials that pose environmental and health risks that must be managed. | |
(3) Many obsolete electronic products can be recycled |
| or refurbished for reuse and then returned to the economic mainstream in the form of raw materials or products. | |
(4) Electronic products contain metals, plastics, and |
| leaded glass that have resale value. The reuse of these components conserves natural resources and energy, and the reuse also reduces air and water pollution and greenhouse gas emissions. | |
(5) A management is necessary to place the reuse and |
| recycling of obsolete residential electronic products as the preferred management strategy over incineration and landfill disposal. | |
(6) The Illinois Recycling Economic Information Study |
| of 2001 estimates that the total economic impact of establishing statewide recycling and reuse programs for residential electronic products may result in the creation of nearly 4,000 new jobs and $740 million in annual receipts. | |
(7) The State‑appointed Computer Equipment Disposal |
| and Recycling Commission issued a final report in May 2006 recommending legislative, regulatory, or other actions to properly address the recycling and reuse of obsolete residential electronic products. | |
(b) The purpose of this Act is to set forth procedures by |
| which the recycling and processing for reuse of covered electronic devices will be accomplished in Illinois. | |
(Source: P.A. 95‑959, eff. 9‑17‑08.) |
(415 ILCS 150/10)
Sec. 10. Definitions. As used in this Act:
"Agency" means the Environmental Protection Agency.
"Cathode‑ray tube" means a vacuum tube or picture tube used to convert an electronic signal into a visual image, such as a television or computer monitor.
"Collector" means a person who receives covered electronic devices or eligible electronic devices directly from a residence for recycling or processing for reuse. "Collector" includes, but is not limited to, manufacturers, recyclers, and refurbishers who receive CEDs or EEDs directly from the public.
"Computer", often referred to as a "personal computer" or "PC", means a desktop or notebook computer as further defined below and used only in a residence, but does not mean an automated typewriter, electronic printer, mobile telephone, portable hand‑held calculator, portable digital assistant (PDA), MP3 player, or other similar device. "Computer" does not include computer peripherals, commonly known as cables, mouse, or keyboard. "Computer" is further defined as either:
(1) "Desktop computer", which means an electronic, |
| magnetic, optical, electrochemical, or other high‑speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. Human interface with a desktop computer is achieved through a stand‑alone keyboard, stand‑alone monitor, or other display unit, and a stand‑alone mouse or other pointing device, and is designed for a single user. A desktop computer has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor. A desktop computer is not designed for portability and generally utilizes an external monitor, keyboard, and mouse with an external or internal power supply for a power source. Desktop computer does not include an automated typewriter or typesetter; or |
|
(2) "Notebook computer", which means an electronic, |
| magnetic, optical, electrochemical, or other high‑speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. Human interface with a notebook computer is achieved through a keyboard, video display greater than 4 inches in size, and mouse or other pointing device, all of which are contained within the construction of the unit that comprises the notebook computer; supplemental stand‑alone interface devices typically can also be attached to the notebook computer. Notebook computers can use external, internal, or batteries for a power source. Notebook computer does not include a portable hand‑held calculator, or a portable digital assistant or similar specialized device. A notebook computer has an incorporated video display greater than 4 inches in size and can be carried as one unit by an individual. A notebook computer is sometimes referred to as a laptop computer. |
|
"Computer monitor" means an electronic device that is a cathode‑ray tube or flat panel display primarily intended to display information from a computer and is used only in a residence.
"Covered electronic device" or "CED" means any computer, computer monitor, television, or printer that is taken out of service from a residence in this State regardless of purchase location. "Covered electronic device" does not include any of the following:
(1) an electronic device that is a part of a motor |
| vehicle or any component part of a motor vehicle assembled by or for a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; |
|
(2) an electronic device that is functionally or |
| physically part of a larger piece of equipment or that is taken out of service from an industrial, commercial (including retail), library checkout, traffic control, kiosk, security (other than household security), governmental, agricultural, or medical setting, including but not limited to diagnostic, monitoring, or control equipment; or |
|
(3) an electronic device that is contained within a |
| clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, water pump, sump pump, or air purifier. |
|
To the extent allowed under federal and State laws and |
| regulations, a CED that is being collected, recycled, or processed for reuse is not considered to be hazardous waste, household waste, solid waste, or special waste. |
|
"Developmentally disabled" means having a severe disability, as defined by the Office of Rehabilitation Services of the Illinois Department of Human Services, that can be expected to result in death or that has lasted, or is expected to last, at least 12 months and that prevents working at a "substantial gainful activity" level.
"Dismantling" means the demanufacturing and shredding of a CED.
"Eligible electronic device" or "EED" means any of the |
| following electronic products taken out of service from a residence in this State regardless of purchase location: mobile telephone; computer cable, mouse, or keyboard; stand‑alone facsimile machine; MP3 player; portable digital assistant (PDA); video game console, video cassette recorder/player, digital video disk player, or similar video device; zip drive; or scanner. To the extent allowed under federal and state laws and regulations, an EED that is being collected, recycled, or processed for reuse is not considered to be hazardous waste, household waste, solid waste, or special waste. |
|
"Low income children and families" mean those children and families that are subject to the most recent version of the United States Department of Health and Human Services Federal Poverty Guidelines.
"Manufacturer" means a person, or a successor in |
| interest to a person, under whose brand or label a CED is or was sold at retail. For CEDs sold at retail under a brand or label that is licensed from a person who is a mere brand owner and who does not sell or produce the CED, the person who produced the CED or his or her successor in interest is the manufacturer. For CEDs sold that were at retail under the brand or label of both the retail seller and the person that produced the CED, the person that produced the CED, or his or her successor in interest, is the manufacturer. A retail seller of CEDs may elect to be the manufacturer of one or more CEDs if the retail seller provides written notice to the Agency that it is accepting responsibility as the manufacturer of the CED under this Act and identifies the CEDs for which it is electing to be the manufacturer. |
|
"Municipal joint action agency" means a municipal joint action agency created under Section 3.2 of the Intergovernmental Cooperation Act.
"Orphan CEDs" means those CEDs that are returned for |
| recycling, or processing for reuse, whose manufacturer cannot be identified, or whose manufacturer is no longer conducting business and has no successor in interest. |
|
"Person" means any individual, partnership, |
| co‑partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or a legal representative, agent, or assign of that entity. |
|
"Printer" means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service from a residence that are designed to reside on a work surface, and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multi‑function" or "all‑in‑one" devices that perform different tasks, including without limitation copying, scanning, faxing, and printing. Printers do not include floor‑standing printers, printers with optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or non‑stand‑alone printers that are embedded into products that are not CEDs.
"Processing for reuse" means any method, technique, or process by which CEDs or EEDs that would otherwise be disposed of or discarded are instead separated, processed, and returned to their original intended purposes or to other useful purposes as electronic devices.
"Program Year" means a calendar year. The first program year is 2010.
"Recycler" means a person who engages in the recycling of CEDs or EEDs, but does not include telecommunications carriers, telecommunications manufacturers, or commercial mobile service providers with an existing recycling program.
"Recycling" means any method, technique, or process by which CEDs or EEDs that would otherwise be disposed of or discarded are instead collected, separated, or processed and are returned to the economic mainstream in the form of raw materials or products. "Recycling" includes the collection, transportation, dismantling, and shredding of the CEDs or EEDs.
"Refurbisher" means any person who processes CEDs or EEDs for reuse, but does not include telecommunications carriers, telecommunications manufacturers, or commercial mobile service providers with an existing recycling program.
"Residence" means a dwelling place or home in which one or more individuals live.
"Retailer" means a person who sells, rents, or leases, through sales outlets, catalogues, or the Internet, computers, computer monitors, or televisions at retail to individuals in this State. For purposes of this Act, sales to individuals at retail are considered to be sales for residential use. "Retailer" includes, but is not limited to, manufacturers who sell computers, computer monitors, printers, or televisions at retail directly to individuals in this State.
"Sale" means any retail transfer of title for consideration of title including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means but does not mean financing or leasing.
"Television" means an electronic device (i) containing a cathode‑ray tube or flat panel screen the size of which is greater than 4 inches when measured diagonally, (ii) that is intended to receive video programming via broadcast, cable, or satellite transmission or to receive video from surveillance or other similar cameras, and (iii) that is used only in a residence.
(Source: P.A. 95‑959, eff. 9‑17‑08; 96‑1154, eff. 7‑21‑10.) |
(415 ILCS 150/15)
Sec. 15. Statewide recycling and reuse goals for all covered electronic devices.
(a) For program year 2010, the statewide recycling or reuse goal for all CEDs is the product of: (i) the latest population estimate for the State, as published on the U.S. Census Bureau's website on January 1, 2010; multiplied by (ii) 2.5 pounds per capita.
(b) For program year 2011, the statewide recycling or reuse goal for all CEDs is the product of: (i) the 2010 base weight; multiplied by (ii) the 2010 goal attainment percentage.
For the purposes of this subsection (b):
The "2010 base weight" means the greater of: (i) twice the total weight of all CEDs that were recycled or processed for reuse between January 1, 2010 and June 30, 2010 as reported to the Agency under subsection (i) or (j) of Section 30; or (ii) twice the total weight of all CEDs that were recycled or processed for reuse between January 1, 2010 and June 30, 2010 as reported to the Agency under subsection (c) of Section 55.
The "2010 goal attainment percentage" means:
(1) 90% if the 2010 base weight is less than 90% of
| the statewide recycling or reuse goal for program year 2010; | |
(2) 95% if the 2010 base weight is 90% or greater, |
| but does not exceed 95%, of the statewide recycling or reuse goal for program year 2010; | |
(3) 100% if the 2010 base weight is 95% or greater, |
| but does not exceed 105%, of the statewide recycling or reuse goal for program year 2010; | |
(4) 105% if the 2010 base weight is 105% or greater, |
| but does not exceed 110%, of the statewide recycling or reuse goal for program year 2010; and | |
(5) 110% if the 2010 base weight is 110% or greater |
| of the statewide recycling or reuse goal for program year 2010. | |
(c) For program years 2012 and thereafter, the statewide |
| recycling or reuse goal for all CEDs is the product of: (i) the base weight; multiplied by (ii) the goal attainment percentage. | |
For the purposes of this subsection (c):
The "base weight" means the greater of: (i) the total |
| weight of all CEDs recycled or processed for reuse during the previous program year as reported to the Agency under subsection (k) or (l) of Section 30; or (ii) the total weight of all CEDs recycled or processed for reuse during the previous program year as reported to the Agency under subsection (d) of Section 55. | |
The "goal attainment percentage" means:
(1) 90% if the base weight is less than 90% of the |
| statewide recycling or reuse goal for the previous program year; | |
(2) 95% if the base weight is 90% or greater, but |
| does not exceed 95%, of the statewide recycling or reuse goal for the previous program year; | |
(3) 100% if the base weight is 95% or greater, but |
| does not exceed 105%, of the statewide recycling or reuse goal for the previous program year; | |
(4) 105% if the base weight is 105% or greater, but |
| does not exceed 110%, of the statewide recycling or reuse goal for the previous program year; and | |
(5) 110% if the base weight is 110% or greater of the |
| statewide recycling or reuse goal for the previous program year. | |
(Source: P.A. 95‑959, eff. 9‑17‑08.) |
(415 ILCS 150/18)
Sec. 18. Determination of market shares and return shares.
(a) The recycling or reuse goal for each television manufacturer is based upon that manufacturer's market share. The market share for each television manufacturer is the following:
(1) For program year 2010, the quotient of: (i) the
| total weight of the manufacturer's televisions that were sold at retail in this State to individuals between October 1, 2008 and March 31, 2009, as reported under subsection (h) of Section 30; divided by (ii) the total weight of all televisions that were sold at retail in this State to individuals between October 1, 2008 and March 31, 2009, as reported under subsection (h) of Section 30. | |
(2) For program year 2011, the quotient of: (i) the |
| total weight of the manufacturer's televisions that were sold at retail in this State to individuals between January 1, 2010 and June 30, 2010, as reported under subsection (i) of Section 30; divided by (ii) the total weight of all televisions that were sold at retail in this State to individuals between January 1, 2010 and June 30, 2010, as reported under subsection (i) of Section 30. | |
(3) For program years 2012 and thereafter, the |
| quotient of: (i) the total weight of the manufacturer's televisions that were sold at retail in this State to individuals during the previous program year, as reported under subsection (k) of Section 30; divided by (ii) the total weight of all televisions sold at retail in this State to individuals during the previous program year, as reported under subsection (k) of Section 30. | |
(b) The recycling or reuse goals for each manufacturer of computers, computer monitors, or printers is based upon that manufacturer's return share. The return share for each manufacturer of computers or computer monitors is the following:
(1) For program year 2010, the return share for each |
| manufacturer shall be determined using the information the Florida Department of Environmental Protection used to create its October 5, 2007, report entitled "Quantifying Electronic Product Brand Market Share as a Metric for Apportioning Manufacturer Share of Recycling System Costs". Using the same information that was used to generate Tables 6 and 9 of the report, a manufacturer's return share shall be equal to the quotient of: (i) the sum of the number of the manufacturer's computers received for recycling plus the number of the manufacturer's computer monitors received for recycling, plus the number of the manufacturer's printers received for recycling, divided by (ii) the sum of the total number of computers received for recycling plus the total number of computer monitors received for recycling, plus the sum of the total number of printers received for recycling. | |
(2) For program year 2011, the quotient of: (i) the |
| total weight of the manufacturer's computers, computer monitors, and printers that were taken out of service from a residence in this State and recycled or processed for reuse between January 1, 2010 and June 30, 2010, as reported under subsection (j) of Section 30; divided by (ii) the total weight of all computers, computer monitors, and printers that were taken out of service from a residence in this State and recycled or processed for reuse between January 1, 2010 and June 30, 2010, as reported under subsection (j) of Section 30. | |
(3) For program years 2012 and thereafter, the |
| quotient of: (i) the total weight of the manufacturer's computers, computer monitors, and printers that were taken out of service from a residence in this State and recycled or processed for reuse during the previous program year, as reported under subsection (l) of Section 30; divided by (ii) the total weight of all computers, computer monitors, and printers that were taken out of service from a residence in this State and recycled or processed for reuse during the previous program year, as reported under subsection (l) of Section 30. | |
(Source: P.A. 95‑959, eff. 9‑17‑08.) |
(415 ILCS 150/20)
Sec. 20. Agency responsibilities.
(a) The Agency has the authority to monitor compliance with this Act and to refer violations of this Act to the Attorney General.
(b) No later than October 1 of each program year, the Agency shall post on its website a list of underserved counties in the State for the next program year. The list of underserved counties for the first program year is set forth in subsection (a) of Section 60.
(c) By July 1, 2009, the Agency shall implement a county and municipal government education campaign to inform those entities about this Act and the implications on solid waste collection in their localities.
(d) By July 1, 2011 for the first program year, and by April 1 for all subsequent program years, the Agency shall report to the Governor and to the General Assembly annually on the previous program year's performance. The report must be posted on the Agency's website. The report must include, but not be limited to, the following:
(1) the total overall weight of CEDs, as well as the
| sub‑total weight of computers, the sub‑total weight of computer monitors, the sub‑total weight of printers, the sub‑total weight of televisions, and the total weight of EEDs that were recycled or processed for reuse in the State during the program year, as reported by manufacturers and collectors under Sections 30 and 55; | |
(2) a listing of all collection sites as set forth |
| under subsection (e) of Section 55; | |
(3) a statement of the manufacturers' progress toward |
| achieving the statewide recycling goal set forth in Section 15 (calculated from the manufacturer reports pursuant to Section 30 and the collector reports pursuant to Section 55) and any identified State actions that may help expand collection opportunities to help manufacturers achieve the statewide recycling goal; | |
(4) a listing of any manufacturers whom the Agency |
| referred to the Attorney General's Office for enforcement as a result of a violation of this Act; | |
(5) a discussion of the Agency's education and |
| |
(6) a discussion of the penalties, if any, incurred |
| by manufacturers for failure to achieve recycling goals, and a recommendation to the General Assembly of any necessary or appropriate changes to the statewide recycling goals, manufacturer's recycling goals, or penalty provisions included in this Act. | |
(e) The Agency shall post on its website (1) a list of |
| manufacturers that have paid the current year's registration fee as set forth in Section 30(b) and (2) a list of registered collectors to whom Illinois residents can bring CEDs and EEDs for recycling or processing for reuse, including links to the collectors' websites and the collectors' phone numbers. | |
(f) In program years 2012, 2013, and 2014, and at its |
| discretion thereafter, the Agency shall convene and host an Electronic Products Recycling Conference. The Agency may host the conferences alone or with other public entities or with organizations associated with electronic products recycling. | |
(g) No later than October 1 of each program year, the |
| Agency must post on its website the following information for the next program year: | |
(1) The overall statewide recycling and reuse goal |
| for CEDs, as well as the sub‑goals for televisions, and computers, computer monitors, and printers as set forth in Section 15. | |
(2) The market shares of television manufacturers and |
| the return shares of computer, computer monitor, and printer manufacturers, as set forth in Section 18, and | |
(3) The individual recycling and reuse goals for each |
| manufacturer, as set forth in Section 19. | |
(h) By April 1, 2011, and by April 1 of all subsequent years, the Agency shall recognize those manufacturers that have met or exceeded their recycling or reuse goals for the previous program year. Such recognition shall be the awarding to all such manufacturers of an Electronic Industry Recycling Award, which shall be recognized on the Agency website and other media as appropriate.
(i) By March 1, 2011, and by March 1 of each subsequent year, the Agency shall post on its website a list of registered manufacturers that have not met their annual recycling and reuse goal for the previous program year.
(j) By July 1, 2012, the Agency shall solicit written comments regarding all aspects of the program codified in this Act, for the purpose of determining if the program requires any modifications.
(1) Issues to be reviewed by the Agency are, but not |
| limited to, the following: | |
(A) Sufficiency of the annual statewide recycling |
| |
(B) Fairness of the formulas used to determine |
| individual manufacturer goals. | |
(C) Adequacy of, or the need for, continuation of |
| the credits outlined in Section 30(d)(1) through (3). | |
(D) Any temporary recissions of county landfill |
| bans granted by the Illinois Pollution Control Board pursuant to Section 95(e). | |
(E) Adequacy of, or the need for, the penalties |
| listed in Section 80 of this Act, which are scheduled to take effect on January 1, 2013. | |
(F) Adequacy of the collection systems that have |
| been implemented as a result of this Act, with a particular focus on promoting the most cost‑effective and convenient collection system possible for Illinois residents. | |
(2) By July 1, 2012, the Agency shall complete its |
| review of the written comments received, as well as its own reports on program years 2010 and 2011. By August 1, 2012, the Agency shall hold a public hearing to present its findings and solicit additional comments. All additional comments shall be submitted to the Agency in writing no later than October 1, 2012. | |
(3) The Agency's final report, which shall be issued |
| no later than February 1, 2013, shall be submitted to the Governor and the General Assembly and shall include specific recommendations for any necessary or appropriate modifications to the program. | |
(Source: P.A. 95‑959, eff. 9‑17‑08; 96‑328, eff. 8‑11‑09.) |