Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1984 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1984 Introduced 2/9/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: New Act Creates the Carpet Stewardship Act. Provides that within 60 days after the effective date of the Act, the Director of the Environmental Protection Agency shall appoint specified members to a clearinghouse to administer and implement a carpet stewardship program. Specifies the duties of the clearinghouse. Requires the clearinghouse to be incorporated as a nonprofit. Provides that for all carpet sold in this State, the clearinghouse shall implement, and producers shall finance, a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its carpet recovery and reutilization, and provides for negotiation and execution of agreements to collect, transport, process, and market the old carpet for end-of-life carpet recovery or carpet reutilization. Requires the clearinghouse to submit, by July 1, 2024 and by July 1 every 3 years thereafter, a 3-year plan to the Agency for approval. Specifies the requirements for the plan. Establishes requirements for review of the plan and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Includes enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains a severability provision. Contains other provisions. Effective immediately. LRB103 06035 CPF 51065 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1984 Introduced 2/9/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: New Act New Act Creates the Carpet Stewardship Act. Provides that within 60 days after the effective date of the Act, the Director of the Environmental Protection Agency shall appoint specified members to a clearinghouse to administer and implement a carpet stewardship program. Specifies the duties of the clearinghouse. Requires the clearinghouse to be incorporated as a nonprofit. Provides that for all carpet sold in this State, the clearinghouse shall implement, and producers shall finance, a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its carpet recovery and reutilization, and provides for negotiation and execution of agreements to collect, transport, process, and market the old carpet for end-of-life carpet recovery or carpet reutilization. Requires the clearinghouse to submit, by July 1, 2024 and by July 1 every 3 years thereafter, a 3-year plan to the Agency for approval. Specifies the requirements for the plan. Establishes requirements for review of the plan and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Includes enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains a severability provision. Contains other provisions. Effective immediately. LRB103 06035 CPF 51065 b LRB103 06035 CPF 51065 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1984 Introduced 2/9/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
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55 Creates the Carpet Stewardship Act. Provides that within 60 days after the effective date of the Act, the Director of the Environmental Protection Agency shall appoint specified members to a clearinghouse to administer and implement a carpet stewardship program. Specifies the duties of the clearinghouse. Requires the clearinghouse to be incorporated as a nonprofit. Provides that for all carpet sold in this State, the clearinghouse shall implement, and producers shall finance, a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its carpet recovery and reutilization, and provides for negotiation and execution of agreements to collect, transport, process, and market the old carpet for end-of-life carpet recovery or carpet reutilization. Requires the clearinghouse to submit, by July 1, 2024 and by July 1 every 3 years thereafter, a 3-year plan to the Agency for approval. Specifies the requirements for the plan. Establishes requirements for review of the plan and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Includes enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains a severability provision. Contains other provisions. Effective immediately.
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1111 1 AN ACT concerning safety.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the Carpet
1515 5 Stewardship Act.
1616 6 Section 5. Findings and purpose. The General Assembly
1717 7 finds that:
1818 8 (1) Based on data contained in the Illinois Commodity
1919 9 Waste Generation and Characterization Study, commissioned
2020 10 in 2014 by the Illinois Department of Commerce and
2121 11 Economic Opportunity, approximately 229,000 tons of carpet
2222 12 and carpet padding are landfilled each year, 1.5% of the
2323 13 total waste landfilled in this State.
2424 14 (2) Old carpet and padding are currently being
2525 15 recovered in this State at a carpet recovery rate
2626 16 estimated to be less than 1%, compared to a 29% carpet
2727 17 recovery rate for the second quarter in 2021 in
2828 18 California, which has enacted Extended Producer
2929 19 Responsibility legislation for carpet.
3030 20 (3) Carpet recovery can be significantly expanded by
3131 21 utilizing an Extended Producer Responsibility approach
3232 22 which will lead to job creation through the collection,
3333 23 processing, and marketing of old carpet and padding. In
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1984 Introduced 2/9/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
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4040 Creates the Carpet Stewardship Act. Provides that within 60 days after the effective date of the Act, the Director of the Environmental Protection Agency shall appoint specified members to a clearinghouse to administer and implement a carpet stewardship program. Specifies the duties of the clearinghouse. Requires the clearinghouse to be incorporated as a nonprofit. Provides that for all carpet sold in this State, the clearinghouse shall implement, and producers shall finance, a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its carpet recovery and reutilization, and provides for negotiation and execution of agreements to collect, transport, process, and market the old carpet for end-of-life carpet recovery or carpet reutilization. Requires the clearinghouse to submit, by July 1, 2024 and by July 1 every 3 years thereafter, a 3-year plan to the Agency for approval. Specifies the requirements for the plan. Establishes requirements for review of the plan and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Includes enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains a severability provision. Contains other provisions. Effective immediately.
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6868 1 California, this approach has created approximately 150
6969 2 direct jobs.
7070 3 (4) According to the U.S. Environmental Protection
7171 4 Agency, the carpet recovery of old carpet has a positive
7272 5 impact on the reduction of greenhouse gases when compared
7373 6 to the landfilling or incineration of old carpet, which
7474 7 increases the generation of greenhouse gases.
7575 8 (5) Due to the detrimental environmental impacts of
7676 9 improper management of old carpet and padding at the end
7777 10 of its intended use, it is the purpose of this Act to
7878 11 utilize a market share liability approach to recover the
7979 12 funding necessary to implement the clearinghouse program
8080 13 required by this Act.
8181 14 Section 10. Definitions. In this Act:
8282 15 "Agency" means the Illinois Environmental Protection
8383 16 Agency.
8484 17 "Artificial turf" means artificial or synthetic turf used
8585 18 for sports playing surfaces.
8686 19 "Blended carpet" means carpet with a nonuniform face
8787 20 fiber, which is manufactured with multiple polymer types,
8888 21 fiber types, or both, in the face of the constructed material.
8989 22 "Brand" means a name, symbol, word, or mark that
9090 23 identifies the carpet, rather than its components, and
9191 24 attributes the product to the owner or licensee of the brand as
9292 25 the producer.
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103103 1 "Carpet" means a manufactured article that is (i) used in
104104 2 commercial buildings, single or multifamily residential
105105 3 buildings, or sports playing surfaces, (ii) affixed or placed
106106 4 on the floor or building walking surface as a decorative or
107107 5 functional building interior or exterior feature, and (iii)
108108 6 primarily constructed of a top visible surface of synthetic
109109 7 face fibers or yarns or tufts attached to a backing system
110110 8 derived from synthetic or natural materials. "Carpet"
111111 9 includes, but is not limited to, a commercial or residential
112112 10 broadloom carpet, modular carpet tiles, and artificial turf.
113113 11 "Carpet" includes a pad or underlayment used in conjunction
114114 12 with a carpet. "Carpet" does not include handmade rugs, area
115115 13 rugs, or mats.
116116 14 "Carpet recovery" means the process by which old carpet is
117117 15 collected, processed, and returned to the economic mainstream
118118 16 in the form of raw materials or products. "Carpet recovery" is
119119 17 further defined to include only those pounds of old carpet
120120 18 that are an output of a processor destined for an end market or
121121 19 carpet reutilization and is not meant to mean the gross input
122122 20 pounds of old carpet accepted by a processor. "Carpet
123123 21 recovery" does not include energy recovery or energy
124124 22 generation by means of combusting old carpet, and it does not
125125 23 include any disposal or use of old carpet within the permitted
126126 24 boundaries of a municipal solid waste landfill unit.
127127 25 "Carpet recovery rate" means the percentage of old carpet
128128 26 that is an output of a processor destined for carpet recovery
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139139 1 or reutilization and is computed by dividing the amount of old
140140 2 carpet that is an output of a processor destined for carpet
141141 3 recovery or reutilization by the total amount of old carpet
142142 4 that is generated over a program year. To determine the annual
143143 5 carpet recovery rates required by this Act the amount of old
144144 6 carpet generated shall be calculated using an industry
145145 7 standard calculation based on annual sales, replacement rate,
146146 8 and the average weight of carpet.
147147 9 "Carpet reutilization" means donating or selling an old
148148 10 carpet back into the market for its original intended use,
149149 11 when the old carpet retains its original purpose and
150150 12 performance characteristics.
151151 13 "Carpet stewardship program" means a statewide program for
152152 14 the collection of old carpet and environmentally sound
153153 15 management of old carpet that is funded by producers and
154154 16 established and operated by the clearinghouse.
155155 17 "Clearinghouse" means the entity incorporated as a
156156 18 nonprofit within the meaning of 26 U.S.C. 501 representing
157157 19 carpet producers, and other designated representatives who are
158158 20 cooperating with one another to collectively establish and
159159 21 operate a carpet recovery and carpet reutilization program for
160160 22 old carpet for the purpose of complying with this Act.
161161 23 "Clearinghouse plan" means a single, detailed plan
162162 24 prepared by the clearinghouse that includes all the
163163 25 information required by this Act.
164164 26 "Clearinghouse program" means a statewide program for the
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175175 1 collection of old carpet and environmentally sound management
176176 2 of old carpet that is financed by producers and established
177177 3 and operated by the clearinghouse.
178178 4 "Collection" means any method of consolidating and
179179 5 temporarily storing old carpet.
180180 6 "Collection site" means a site managed by a
181181 7 clearinghouse-approved collector to collect and temporarily
182182 8 store old carpet as provided by this Act.
183183 9 "Collector" means any public or private entity approved by
184184 10 the clearinghouse that provides old carpet collection
185185 11 services.
186186 12 "Comptroller" means the Comptroller of the State of
187187 13 Illinois.
188188 14 "Consumer" means any person who makes a purchase at
189189 15 retail.
190190 16 "Distributor" or "wholesaler" means a person who buys or
191191 17 otherwise acquires carpet from another source and sells or
192192 18 offers to sell that carpet to retailers in this State.
193193 19 "Installer" means any person or entity contracted for the
194194 20 purpose of installing flooring where old carpet is removed.
195195 21 "Nylon carpet" means carpet made with a uniform face fiber
196196 22 made with either nylon 6 or nylon 6,6.
197197 23 "Old carpet" means carpet that is no longer used for its
198198 24 manufactured purpose.
199199 25 "Person" means any individual, partnership, copartnership,
200200 26 firm, company, corporation, association, joint stock company,
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211211 1 trust, estate, political subdivision, State agency, or any
212212 2 other legal entity, or their legal representative, agent, or
213213 3 assign.
214214 4 "PET carpet" means carpet made from polyethylene
215215 5 terephthalate.
216216 6 "Polypropylene carpet" means carpet made from
217217 7 polypropylene.
218218 8 "Processor" means a public or private entity approved by
219219 9 the clearinghouse to prepare old carpet for reutilization,
220220 10 recovery, or disposal that uses industry recognized processes,
221221 11 such as shredding, grinding, shearing, depolymerization, or
222222 12 other methods recognized by the clearinghouse, to convert old
223223 13 carpet into finished recovered output ready to be used as an
224224 14 input material for secondary products.
225225 15 "Producer" means a person who manufactures carpet that is
226226 16 sold, offered for sale, or distributed in this State. Producer
227227 17 includes any person who imports carpet into the United States
228228 18 that is sold, offered for sale, or distributed in this State
229229 19 and that is manufactured by a person who does not manufacture
230230 20 the carpet in the United States. "Producer" does not include a
231231 21 retailer that trademarks or brands carpet that is sold,
232232 22 offered for sale, or distributed in this State that is
233233 23 manufactured by a person other than the retailer.
234234 24 "Program year" means a calendar year. The first program
235235 25 year is 2025.
236236 26 "PTT carpet" means carpet made from polytrimethylene
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247247 1 terephthalate.
248248 2 "Retailer" means any person engaged in the business of
249249 3 making sales at retail that generate occupation or use tax
250250 4 revenue. "Retailer" does not include a distributor, producer,
251251 5 or wholesaler, as those terms are defined in this Section.
252252 6 "Roll-off dumpster" means a waste container that holds at
253253 7 least 40 cubic yards of waste.
254254 8 "Sale" or "sell" means a transfer of title to carpet for
255255 9 consideration, including a remote sale conducted through a
256256 10 sales outlet, catalog, website, or similar electronic means.
257257 11 "Sale" or "sell" includes a lease through which carpet is
258258 12 provided to a consumer by a producer, distributor, or
259259 13 retailer.
260260 14 "Semitrailer" means any vehicle without motive power,
261261 15 other than a pole trailer, designed for carrying persons or
262262 16 property and for being drawn by a motor vehicle and so
263263 17 constructed that some part of its weight and that of its load
264264 18 rests upon or is carried by another vehicle.
265265 19 "Sorter" means a public or private entity approved by the
266266 20 clearinghouse that performs the sorting of old carpet for
267267 21 third-party carpet recovery or carpet reutilization.
268268 22 "Sorting" means the method used for sorting old carpet
269269 23 into its various backing types or fiber types for carpet
270270 24 recovery or carpet reutilization.
271271 25 "Wool carpet" means carpet made from wool.
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282282 1 Section 15. Formation, duties, and powers of the
283283 2 clearinghouse.
284284 3 (a) Within 60 days after the effective date of this Act,
285285 4 the Director of the Agency shall appoint the following members
286286 5 to the clearinghouse, which shall be incorporated as a
287287 6 nonprofit, to administer and implement the carpet stewardship
288288 7 program, and the Director of the Agency shall appoint members
289289 8 that reflect the racial and gender diversity of this State:
290290 9 (1) one individual who is a representative of a
291291 10 statewide association representing retailers;
292292 11 (2) two individuals who are representatives of carpet
293293 12 producers;
294294 13 (3) one individual who is a representative of a
295295 14 national association representing manufacturers of carpet;
296296 15 (4) two individuals who are representatives of carpet
297297 16 processors;
298298 17 (5) two individuals who are representatives of a
299299 18 statewide association representing waste disposal
300300 19 companies;
301301 20 (6) two individuals who are representatives of
302302 21 environmental organizations;
303303 22 (7) two individuals who are representatives of county
304304 23 or municipal joint action agency waste management
305305 24 programs;
306306 25 (8) one individual who is a representative of a
307307 26 company that utilizes old carpet to manufacture a new
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318318 1 product, not including new carpet; and
319319 2 (9) one individual who is a representative of an
320320 3 association representing installers of carpet.
321321 4 (b) Members of the clearinghouse shall serve without
322322 5 compensation but shall be reimbursed for travel expenses and
323323 6 any other contingent expenses related to the formation of the
324324 7 clearinghouse as a legal and functioning entity as part of the
325325 8 budget for the clearinghouse program approved in the
326326 9 clearinghouse plan. Members shall serve on the clearinghouse
327327 10 until a successor is appointed and qualified.
328328 11 (c) The clearinghouse's duties include, but are not
329329 12 limited to:
330330 13 (1) selection of a Chairperson, Vice-Chairperson,
331331 14 Secretary, and Treasurer, the creation of bylaws, and
332332 15 organizing itself into committees to implement this Act;
333333 16 (2) incorporating itself as a 501c(3) nonprofit
334334 17 organization and establishing financial accounts for use
335335 18 by the clearinghouse under this Act;
336336 19 (3) preparing the clearinghouse plan, and any required
337337 20 amendments, in compliance with this Act;
338338 21 (4) implementing the clearinghouse plan;
339339 22 (5) submitting to the Agency in the clearinghouse plan
340340 23 a funding mechanism that will generate sufficient funds to
341341 24 implement the clearinghouse plan and meet the performance
342342 25 goals established in paragraph (12) of subsection (a) of
343343 26 Section 25; in determining the level of funding necessary
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354354 1 the clearinghouse may take into account program costs in
355355 2 other jurisdictions' approved carpet stewardship plans,
356356 3 annual reports, audits, and other information;
357357 4 (6) approving collectors, sorters, and processors to
358358 5 provide services under this Act;
359359 6 (7) creating and administering a grant program to
360360 7 assist in covering the costs to collect, process, or
361361 8 market old carpet for carpet reutilization or carpet
362362 9 recovery;
363363 10 (8) being responsible for meeting the performance
364364 11 goals specified by this Act;
365365 12 (9) submitting annual program reports as required by
366366 13 this Act;
367367 14 (10) overseeing an annual audit conducted by a
368368 15 third-party entity of the carpet stewardship program's
369369 16 revenues and expenditures, and reporting those findings to
370370 17 the Comptroller; and
371371 18 (11) holding meetings that are open to the public with
372372 19 reasonable notice of the meeting made publicly available.
373373 20 (d) The clearinghouse shall hire a director and necessary
374374 21 staff within 150 days after the effective date of this Act,
375375 22 which shall be funded as part of the budget for the
376376 23 clearinghouse program approved in the clearinghouse plan.
377377 24 Section 20. Carpet stewardship program and sale
378378 25 requirement.
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389389 1 (a) For all carpet sold in this State, the clearinghouse
390390 2 shall implement, and producers shall finance, a statewide
391391 3 carpet stewardship program that: manages carpet by reducing
392392 4 its waste generation; promotes its carpet recovery and carpet
393393 5 reutilization; and provides for negotiation and execution of
394394 6 agreements to collect, transport, process, or market the old
395395 7 carpet for end-of-life carpet recovery or carpet
396396 8 reutilization.
397397 9 (b) On and after January 1, 2024, a producer or
398398 10 distributor may not offer for sale any carpet to any person in
399399 11 this State unless the producer has registered with the
400400 12 clearinghouse and has provided its share of funding, on an
401401 13 annual basis, necessary to implement the clearinghouse plan as
402402 14 approved by the Agency pursuant to Section 45 and is subject to
403403 15 penalties under Section 70.
404404 16 Section 25. Clearinghouse plan.
405405 17 (a) By July 1, 2024 and by July 1 every 3 years thereafter,
406406 18 the clearinghouse shall submit a 3-year plan to the Agency and
407407 19 receive approval of the plan. The clearinghouse plan shall
408408 20 include, at a minimum, each of the following:
409409 21 (1) Certification that the carpet stewardship program
410410 22 will accept for collection all old carpet, regardless of
411411 23 type or which producer manufactured the product and its
412412 24 individual components.
413413 25 (2) Contact information for each individual
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424424 1 representing the clearinghouse, designation of a program
425425 2 manager responsible for administering the program in this
426426 3 State, a list of all producers participating in the carpet
427427 4 stewardship program, and the brands covered by the product
428428 5 stewardship program.
429429 6 (3) A description of the methods by which old carpet
430430 7 will be collected in this State, including an explanation
431431 8 of how the collection system will achieve a convenience
432432 9 standard of having collection sites in all counties with a
433433 10 population density of greater than or equal to 100
434434 11 individuals per square mile in this State by January 1,
435435 12 2025 for program year 2025, and all counties with a
436436 13 population density of greater than or equal to 50
437437 14 individuals per square mile for program year 2026 and
438438 15 thereafter.
439439 16 (4) An evaluation, beginning with the second 3-year
440440 17 plan submitted by July 1, 2027, of the feasibility and
441441 18 cost of expanding the convenience standard to at least one
442442 19 collection site in every county in the State.
443443 20 (5) A description of how the adequacy of the
444444 21 collection program will be monitored, evaluated, and
445445 22 maintained.
446446 23 (6) The names and locations of collectors, sorters,
447447 24 and processors who have been approved by the clearinghouse
448448 25 to manage old carpet.
449449 26 (7) A description of how the old carpet and the
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460460 1 products' components will be safely and securely
461461 2 transported, tracked, and handled from collection through
462462 3 final carpet recovery and processing.
463463 4 (8) A description of the methods to be used to
464464 5 reutilize, deconstruct, or recover old carpet to ensure
465465 6 that the products' components, to the extent feasible, are
466466 7 transformed or remanufactured into finished products for
467467 8 use.
468468 9 (9) A description of the methods to be used to manage
469469 10 or dispose of old carpet that cannot be carpet recovered
470470 11 or carpet reutilized.
471471 12 (10) A description of the promotion and outreach
472472 13 activities and proposed budget that will be used to
473473 14 encourage participation in the collection and carpet
474474 15 recovery programs and how the activities' effectiveness
475475 16 will be evaluated and the program modified, if necessary.
476476 17 (11) Certification that any person who may be involved
477477 18 in collection, handling, or disposal operations possesses
478478 19 adequate insurance, as determined by the clearinghouse,
479479 20 including, but not limited to, workers compensation and
480480 21 liability coverage.
481481 22 (12) A 3-year rolling performance goal, including an
482482 23 estimate of the percentage of old carpet that will be
483483 24 collected, carpet reutilized, and carpet recovered during
484484 25 each of the next 3 years of the stewardship plan, with a
485485 26 minimum goal of achieving a 25% carpet recovery rate by
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496496 1 December 31, 2027. The performance goals shall include a
497497 2 specific goal for the amount of old carpet that will be
498498 3 collected, carpet recovered, and carpet reutilized during
499499 4 each year of the plan.
500500 5 The clearinghouse shall achieve a carpet recovery rate
501501 6 goal of 50% by December 31, 2030 for the 3-year plan period
502502 7 beginning January 1, 2028. Thereafter, the clearinghouse
503503 8 shall establish a carpet recovery rate goal for each
504504 9 subsequent 3-year plan period by March 1 of the calendar
505505 10 year preceding the first year of that 3-year plan period.
506506 11 (13) A discussion of the status of end markets for old
507507 12 carpet and what, if any, additional end markets are needed
508508 13 to improve the functioning of the program.
509509 14 (14) A discussion of carpet design and manufacturing
510510 15 changes that the producers are considering or have
511511 16 implemented in order to reduce toxicity, water use, or
512512 17 energy use associated with the production of carpet and
513513 18 efforts to increase the recoverable content,
514514 19 recoverability, or carpet longevity.
515515 20 (15) A funding mechanism that demonstrates sufficient
516516 21 producer funding to carry out the plan, including the
517517 22 administrative, operational, and capital costs of
518518 23 implementing the plan, and payment of incentive payments
519519 24 to carpet collectors, processors, and end use markets to
520520 25 assist with the implementation of this Act.
521521 26 (16) Annual budgets showing revenue and expenditure
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532532 1 projections for the current program year and projected for
533533 2 the next 2 years of the program.
534534 3 (17) A process by which the financial activities of
535535 4 the clearinghouse that are related to the implementation
536536 5 of the plan shall be subject to an annual independent
537537 6 audit, conducted by a third party, which shall be reviewed
538538 7 by the Comptroller.
539539 8 (18) A description of an educational program and
540540 9 materials that shall be implemented and used to train
541541 10 operators of collection sites on how to properly collect
542542 11 old carpet and reduce contamination. At no time shall a
543543 12 collection site be subject to a fine or extra charge for
544544 13 contamination by either the clearinghouse or a carpet
545545 14 processor. However, collection sites that continue to ship
546546 15 contaminated old carpet to processors may be removed from
547547 16 the stewardship program by the clearinghouse.
548548 17 (19) Baseline information, for the most current year
549549 18 for which data is available, on the amount of square feet
550550 19 and pounds of carpet sold in this State, by type of polymer
551551 20 or nonpolymer material used to make the carpet.
552552 21 (20) A discussion of the feasibility, cost, and
553553 22 effectiveness of labeling the backside of new carpet with
554554 23 the polymer type or nonpolymer material used to
555555 24 manufacture the carpet to assist processors in more easily
556556 25 identifying the type of old carpet collected for
557557 26 processing.
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568568 1 (21) A description of the program that shall be
569569 2 implemented to train carpet installers on how to properly
570570 3 manage old carpet so that it can be carpet reutilized or
571571 4 carpet recovered under this Act, including, but not
572572 5 limited to, the development of videos and written
573573 6 materials regarding the carpet recovery program.
574574 7 (b) An update to the plan shall be submitted, at a minimum,
575575 8 every 3 years, or if the clearinghouse determines that a plan
576576 9 update is needed, prior to the minimum of once every 3 years.
577577 10 (c) If the clearinghouse determines that any proposed
578578 11 significant changes or modifications to the plan or its
579579 12 implementation are needed, within 30 days of that
580580 13 determination the clearinghouse shall submit to the Agency a
581581 14 written plan update for review and approval in accordance with
582582 15 Section 30.
583583 16 Section 30. Review and approval of the clearinghouse plan
584584 17 and plan updates.
585585 18 (a) After receipt of a proposed plan or plan update, the
586586 19 Agency shall determine whether the plan or plan update
587587 20 complies with Section 25. If the Agency determines that the
588588 21 plan or plan update complies with Section 25, the Agency shall
589589 22 notify the clearinghouse of the plan or plan update approval
590590 23 in writing within 90 days of receipt of the plan or plan
591591 24 update. If the Agency determines that the plan or plan update
592592 25 does not comply with Section 25, the Agency shall notify the
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603603 1 clearinghouse of the plan or plan update rejection in writing
604604 2 within 90 days of receipt of the plan or plan update and
605605 3 include the reasons why the plan or plan update does not comply
606606 4 with Section 25. The clearinghouse shall submit a revised plan
607607 5 to the Agency within 60 days after receiving a notice of
608608 6 rejection. Any proposed changes to a plan or plan update must
609609 7 be reviewed and approved by the Agency in accordance with this
610610 8 subsection (a).
611611 9 (b) The clearinghouse plan and plan updates approved by
612612 10 the Agency shall be placed on the Agency's website and made
613613 11 available at the Agency's headquarters for public review in
614614 12 accordance with the Freedom of Information Act.
615615 13 Section 32. Implementation of clearinghouse plan. The
616616 14 clearinghouse shall implement the clearinghouse plan
617617 15 components under subsection (a) of Section 25 upon approval of
618618 16 the clearinghouse plan or plan update by the Agency under
619619 17 Section 30. The clearinghouse shall monitor the implementation
620620 18 of the clearinghouse plan and shall have the authority to
621621 19 require specific action by its director and staff to meet the
622622 20 clearinghouse plan implementation requirements under this
623623 21 Section.
624624 22 Section 36. Collection of old carpet.
625625 23 (a) No later than June 1, 2025, in any county with a
626626 24 population of greater than 200,000 people, any installer
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637637 1 engaged in removing old carpet from a residence or business
638638 2 shall transport, or contract to transport, all old carpet to a
639639 3 clearinghouse-approved old carpet collection site as defined
640640 4 in Section 10.
641641 5 (b) Approved carpet collection sites as defined in Section
642642 6 10 shall ensure that old carpet is collected in the prescribed
643643 7 conditions required by the clearinghouse plan. The conditions
644644 8 must also include, but are not limited to, the following
645645 9 requirements:
646646 10 (1) Old carpet must be kept in a location that allows
647647 11 it to remain dry at all times.
648648 12 (2) Containers holding collected old carpet must be
649649 13 free of all noncarpet discarded waste items.
650650 14 (3) Prior to shipment to a processor, containers
651651 15 holding discarded carpet must be filled to the following
652652 16 minimum standards:
653653 17 (A) Roll-off dumpsters shall be filled to a
654654 18 minimum of 8 tons.
655655 19 (B) Semitrailers shall be filled to a minimum of
656656 20 13 tons.
657657 21 (4) Approved collection sites must permit an approved
658658 22 processor's prescribed container to be housed on site for
659659 23 loading by the collector for pickup at the collection
660660 24 site.
661661 25 (c) Any approved collection site that has collected old
662662 26 carpet as prescribed by the clearinghouse plan and whose full
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673673 1 container volume is not removed by a registered processor upon
674674 2 3-business day's electronic notice to the processor stating
675675 3 that collected old carpet is ready for removal may dispose of
676676 4 that container's contents in a landfill.
677677 5 Section 37. Economic support for approved carpet
678678 6 collection sites. The clearinghouse program shall pay approved
679679 7 old carpet collection sites for costs, services, and
680680 8 infrastructure improvements as follows:
681681 9 (1) Reimbursement for reasonable costs, as
682682 10 pre-approved by the clearinghouse, to adapt sites for old
683683 11 carpet collection as required by this Act, including, but
684684 12 not limited to, one-time costs for constructing the needed
685685 13 structure to make the collection of carpet safe and
686686 14 convenient, and to ensure adequate room to maneuver old
687687 15 carpet collection equipment in such a manner so as to not
688688 16 disrupt the normal flow of activity at the collection
689689 17 site.
690690 18 (2) A recovery fee equivalent to $20 per ton for all
691691 19 old carpet collected that is subject to this Act and
692692 20 loaded into trailers at the collector's site in accordance
693693 21 with subsection (b) of Section 36.
694694 22 (3) Approved carpet collection sites located at waste
695695 23 transfer or waste disposal facilities permitted by the
696696 24 Agency may, at their discretion, charge the generator of
697697 25 such discarded carpet customary and proprietary collection
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708708 1 and disposal fees.
709709 2 (4) Approved carpet collection sites may not charge a
710710 3 processor any fee for removal of carpet discarded from the
711711 4 collection site location.
712712 5 (5) Economic support for approved carpet collectors
713713 6 under this Section shall be reviewed by the clearinghouse
714714 7 every 3 years as clearinghouse plans are submitted to the
715715 8 Agency.
716716 9 Section 40. State action antitrust exemption. Each
717717 10 producer and the clearinghouse shall be immune from liability
718718 11 for any claim of violation of antitrust law or unfair trade
719719 12 practice if the conduct is a violation of antitrust law, to the
720720 13 extent the producer or clearinghouse is exercising authority
721721 14 under the provisions of this Act.
722722 15 Section 45. Requirements applicable to producers.
723723 16 (a) On and after January 1, 2024, producers of carpet
724724 17 shall provide funding to the clearinghouse sufficient to cover
725725 18 the administrative costs of establishing the clearinghouse in
726726 19 calendar year 2024 and annually thereafter to cover the costs
727727 20 of developing and implementing the clearinghouse plan. The
728728 21 funding mechanism:
729729 22 (1) shall take into account the financial burden that
730730 23 blended carpet, nylon carpet, PET carpet, polypropylene
731731 24 carpet, and wool carpet have on the clearinghouse program
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742742 1 costs;
743743 2 (2) shall be differentiated by the type of material,
744744 3 recycling cost, recycling content, and other qualities
745745 4 related to toxicity, resource use, and recyclability;
746746 5 (3) shall ensure an equitable and efficient allocation
747747 6 of financial responsibility among producers;
748748 7 (4) shall be at a level sufficient to cover the annual
749749 8 costs of the clearinghouse program, as reported to the
750750 9 Agency in the clearinghouse plan, and based on program
751751 10 metrics and outcomes; if the Agency determines the level
752752 11 of funding from the producers is not sufficient to cover
753753 12 the annual costs of the clearinghouse program, the Agency
754754 13 may request additional funding from the clearinghouse; and
755755 14 (5) shall not charge:
756756 15 (A) a specific point-of-sale fee to consumers to
757757 16 recoup the costs of the clearinghouse program; or
758758 17 (B) an increase in the cost of carpet to recoup the
759759 18 costs of the clearinghouse program.
760760 19 (b) The amount that each producer pays to fund the
761761 20 clearinghouse program on an annual basis shall be considered
762762 21 proprietary information that is privileged or confidential and
763763 22 shall not be disclosed to the clearinghouse or the public.
764764 23 However, in order to determine if each producer is paying its
765765 24 proper share, an independent professional accounting firm
766766 25 shall be hired by the clearinghouse to review the payments and
767767 26 verify that the funding provided by each producer is in
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778778 1 compliance with the funding mechanism agreed to by the
779779 2 producers.
780780 3 (c) Producers, working with the clearinghouse, shall
781781 4 provide consumers with educational materials regarding the
782782 5 clearinghouse program. The materials shall include information
783783 6 regarding available end-of-life management options for old
784784 7 carpet offered through the carpet stewardship program.
785785 8 (d) Producers who sell carpet in this State shall register
786786 9 with the clearinghouse by October 1, 2024 and annually
787787 10 thereafter for as long as that producer sells carpet in this
788788 11 State. For the first year of registration, a producer shall
789789 12 pay a registration fee of $25,000 to the clearinghouse, the
790790 13 amount of which may be deducted from the producer's quarterly
791791 14 assessment due to the clearinghouse until such time that the
792792 15 producer's assessment due exceeds the total cost of the
793793 16 registration fee.
794794 17 Section 50. Requirements applicable to retailers and
795795 18 distributors.
796796 19 (a) On and after January 1, 2024, no carpet may be sold in
797797 20 this State unless the carpet's producer has registered with
798798 21 the clearinghouse under subsection (d) of Section 45.
799799 22 (b) Any retailer or distributor may participate, on a
800800 23 voluntary basis, as a designated collection point under a
801801 24 product stewardship program and in accordance with applicable
802802 25 law.
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813813 1 (c) No retailer or distributor shall be found to be in
814814 2 violation of this Section if, on the date the carpet was
815815 3 ordered from the producer or its agent, the producer was
816816 4 registered on the clearinghouse's website in accordance with
817817 5 this Act.
818818 6 (d) Retailers shall provide consumers with educational
819819 7 materials, developed by producers and the clearinghouse, that
820820 8 shall include, but are not limited to, information (i)
821821 9 regarding available end-of-life management options for old
822822 10 carpet, and (ii) notifying the consumer of the importance of
823823 11 carpet recovery.
824824 12 Section 55. Posting of information.
825825 13 (a) Beginning March 1, 2024, and annually thereafter, the
826826 14 clearinghouse shall post on its website the list of carpet
827827 15 producers that registered with the clearinghouse, in
828828 16 accordance with subsection (d) of Section 45.
829829 17 (b) Beginning January 1, 2025, and annually thereafter,
830830 18 for the benefit of assisting consumers who wish to find
831831 19 collection sites for recovering carpet, the Agency shall post
832832 20 on its website the location of all collection sites identified
833833 21 to the Agency by the clearinghouse in its plans and annual
834834 22 reports.
835835 23 (c) Beginning May 1, 2026, and annually thereafter, the
836836 24 Agency shall post on its website copies of the annual reports.
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847847 1 Section 60. Annual stewardship reports.
848848 2 (a) By April 1, 2026, and by April 1 of each year
849849 3 thereafter, the clearinghouse shall submit a report to the
850850 4 Agency that includes, for the previous program year, a
851851 5 description of the carpet stewardship program, including, but
852852 6 not limited to, the following:
853853 7 (1) the amount of carpet sold by square feet and
854854 8 pounds in this State during the reporting period by
855855 9 polymer type or nonpolymer material;
856856 10 (2) a description of the methods used to collect,
857857 11 transport, and process old carpet in regions of this
858858 12 State, and a listing of the persons used to collect,
859859 13 transport, and process old carpet;
860860 14 (3) identification of all old carpet collection sites
861861 15 in this State and whether the requirement of paragraph (3)
862862 16 of subsection (a) of Section 25 has been met;
863863 17 (4) the weight of all old carpet collected and carpet
864864 18 reutilized or carpet recovered in all regions of this
865865 19 State, a comparison to the performance goals and carpet
866866 20 recovery rates established in the clearinghouse plan, and,
867867 21 if appropriate, an explanation stating the reason or
868868 22 reasons performance goals were not met;
869869 23 (5) the weight of old carpet collected in this State
870870 24 but not carpet reutilized or carpet recovered and its
871871 25 ultimate disposition, and a comparison to the performance
872872 26 goals in the clearinghouse plan;
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883883 1 (6) the total cost of implementing the clearinghouse
884884 2 plan and a copy of the independent audit regarding the
885885 3 financial activities of the clearinghouse;
886886 4 (7) a proposed budget for implementing the
887887 5 clearinghouse plan in the subsequent calendar year;
888888 6 (8) an evaluation of the producers' funding mechanism
889889 7 and its ability to properly fund the implementation of the
890890 8 clearinghouse plan, including whether the incentive
891891 9 payments to collectors, processors, and end markets for
892892 10 managing carpet are adequate to ensure that the old carpet
893893 11 can be carpet reutilized or carpet recovered under the
894894 12 program;
895895 13 (9) identification of the facilities processing
896896 14 carpet, the weight processed at each facility, and each
897897 15 facility's processing capacity;
898898 16 (10) an evaluation of the effectiveness of the
899899 17 clearinghouse plan, and anticipated steps, if needed, to
900900 18 improve performance;
901901 19 (11) a discussion of progress made toward achieving
902902 20 carpet design changes according to paragraph (14) of
903903 21 subsection (a) of Section 25; and
904904 22 (12) samples of educational materials provided to
905905 23 consumers and carpet installers, and an evaluation of the
906906 24 effectiveness of the materials and the methods used to
907907 25 disseminate the materials. The evaluation shall include,
908908 26 but shall not be limited to, information on the number of
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919919 1 consumers and carpet installers that received or viewed
920920 2 the educational materials, and any consumer and carpet
921921 3 installer survey data that may have been collected
922922 4 regarding the educational materials used.
923923 5 Section 65. Administrative fee.
924924 6 (a) The clearinghouse shall remit to the Agency an annual
925925 7 fee of $250,000 to be used for administrative costs pursuant
926926 8 to this Act. This amount shall be included in the annual budget
927927 9 for the clearinghouse plan. The clearinghouse shall reimburse
928928 10 the Comptroller for costs related to reviewing the annual
929929 11 carpet stewardship program audits.
930930 12 (b) The clearinghouse shall pay the Agency's
931931 13 administrative fee under subsection (a) on or before January
932932 14 1, 2025, and annually thereafter. The clearinghouse shall
933933 15 reimburse the Comptroller for its costs within 60 days of
934934 16 receiving notice from the Comptroller.
935935 17 (c) The Agency shall deposit the fees collected under this
936936 18 Section into the Solid Waste Management Fund.
937937 19 Section 70. Enforcement.
938938 20 (a) On and after January 1, 2024, no producer,
939939 21 distributor, or retailer shall sell or offer for sale carpet
940940 22 to any person in this State if the producer of the carpet is
941941 23 not registered with the clearinghouse or has not remitted
942942 24 adequate funding pursuant to Section 45.
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953953 1 (b) No retailer or distributor shall be found in violation
954954 2 of the provisions of subsection (a) if, on the date the carpet
955955 3 was ordered from the producer or its agent, the producer was
956956 4 listed on the clearinghouse's website in accordance with the
957957 5 provisions of subsection (a) of Section 55.
958958 6 (c) The Attorney General or the State's Attorney of the
959959 7 county in which the violation occurred are authorized to seek
960960 8 a civil penalty in the amount of $5,000 per day for each
961961 9 violation against any producer who violates the registration
962962 10 requirements under subsection (d) of Section 45 or who fails
963963 11 to remit the funding under Section 45.
964964 12 (d) The Attorney General or the State's Attorney of the
965965 13 county in which the violation occurred are authorized to seek
966966 14 a civil penalty in the amount of $5,000 per day for each
967967 15 violation against any producer, distributor, or retailer who
968968 16 sells or offers for sale carpet to any person in this State if
969969 17 the producer of the carpet is not registered with the
970970 18 clearinghouse under subsection (d) of Section 45 or has not
971971 19 remitted the required funding under Section 45.
972972 20 (e) The penalties provided for in this Section may be
973973 21 recovered in a civil action. Any penalties collected under
974974 22 this Section in an action in which the Attorney General has
975975 23 prevailed shall be deposited in the Environmental Protection
976976 24 Trust Fund, to be used in accordance with the provisions of the
977977 25 Environmental Protection Trust Fund Act.
978978 26 (f) The State's Attorney of the county in which the
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989989 1 violation occurred, or the Attorney General, may, at the
990990 2 request of the Agency or on his or her own motion, institute a
991991 3 civil action for an injunction, prohibitory or mandatory, to
992992 4 restrain violations of this Act or to require such other
993993 5 actions as may be necessary to address violations of this Act.
994994 6 (g) The State's Attorney of the county in which the
995995 7 violation occurred, or the Attorney General, may, at the
996996 8 request of the Agency or on his or her own motion, institute a
997997 9 civil action for an injunction, prohibitory or mandatory, to
998998 10 restrain violations of this Act, any rule or regulation
999999 11 adopted under this Act, any permit or to require such other
10001000 12 actions as may be necessary to address violations of this Act
10011001 13 or any rule or regulation adopted under this Act.
10021002 14 (h) Nothing in this Act prohibits a retailer or
10031003 15 distributor from selling their inventory of carpet existing
10041004 16 prior to January 1, 2024.
10051005 17 (i) Nothing in this Act mandates or otherwise requires and
10061006 18 nothing in the clearinghouse plan shall mandate or otherwise
10071007 19 require participation of the waste disposal industry in the
10081008 20 carpet stewardship program created by this Act.
10091009 21 Section 75. State procurement of carpet. Beginning on
10101010 22 January 1, 2026, at least 35% of carpet purchased by State
10111011 23 agencies shall be carpet with a minimum of 10% post-consumer
10121012 24 recovered content by weight from old carpet and comply with
10131013 25 the National Science Foundation/American National Standards
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10241024 1 Institute (NSF/ANSI) 140-2009 Standard, Platinum Level or the
10251025 2 most current version in effect as provided by the American
10261026 3 National Standards Institute. The carpet shall be purchased
10271027 4 from a carpet producer with a third-party certified closed
10281028 5 loop recovering facility. Thereafter, those purchases shall
10291029 6 increase by a rate of 10% per year until it reaches 75%. Prior
10301030 7 to January 1, 2026, the clearinghouse shall provide a report
10311031 8 to the Illinois Department of Central Management Services on
10321032 9 the other types of products that contain reutilized carpet as
10331033 10 a feedstock that the State should consider purchasing.
10341034 11 Section 97. Severability. The provisions of this Act are
10351035 12 severable under Section 1.31 of the Statute on Statutes.
10361036 13 Section 99. Effective date. This Act takes effect upon
10371037 14 becoming law.
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