Illinois 2025-2026 Regular Session

Illinois House Bill HB1876 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1876 Introduced , by Rep. Janet Yang Rohr 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, 2026 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 other provisions. Effective immediately. LRB104 09324 BDA 19382 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1876 Introduced , by Rep. Janet Yang Rohr 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, 2026 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 other provisions. Effective immediately. LRB104 09324 BDA 19382 b LRB104 09324 BDA 19382 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1876 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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, 2026 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 other provisions. Effective immediately.
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11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Carpet
15	15	5 Stewardship Act.
16	16	6 Section 5. Findings and purpose. The General Assembly
17	17	7 finds that:
18	18	8 (1) Based on data contained in the Illinois Commodity
19	19	9 Waste Generation and Characterization Study, commissioned
20	20	10 in 2014 by the Illinois Department of Commerce and
21	21	11 Economic Opportunity, approximately 229,000 tons of carpet
22	22	12 and carpet padding are landfilled each year, 1.5% of the
23	23	13 total waste landfilled in this State.
24	24	14 (2) Old carpet and padding are currently being
25	25	15 recovered in this State at a carpet recovery rate
26	26	16 estimated to be less than 1%, compared to a 29% carpet
27	27	17 recovery rate for the second quarter in 2021 in
28	28	18 California, which has enacted Extended Producer
29	29	19 Responsibility legislation for carpet.
30	30	20 (3) Carpet recovery can be significantly expanded by
31	31	21 utilizing an Extended Producer Responsibility approach
32	32	22 which will lead to job creation through the collection,
33	33	23 processing, and marketing of old carpet and padding. In
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1876 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	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, 2026 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 other provisions. Effective immediately.
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43	43	A BILL FOR
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68	68	1 California, this approach has created approximately 150
69	69	2 direct jobs.
70	70	3 (4) According to the U.S. Environmental Protection
71	71	4 Agency, the carpet recovery of old carpet has a positive
72	72	5 impact on the reduction of greenhouse gases when compared
73	73	6 to the landfilling or incineration of old carpet, which
74	74	7 increases the generation of greenhouse gases.
75	75	8 (5) Due to the detrimental environmental impacts of
76	76	9 improper management of old carpet and padding at the end
77	77	10 of its intended use, it is the purpose of this Act to
78	78	11 utilize a market share liability approach to recover the
79	79	12 funding necessary to implement the clearinghouse program
80	80	13 required by this Act.
81	81	14 Section 10. Definitions. In this Act:
82	82	15 "Agency" means the Illinois Environmental Protection
83	83	16 Agency.
84	84	17 "Artificial turf" means artificial or synthetic turf used
85	85	18 for sports playing surfaces.
86	86	19 "Blended carpet" means carpet with a nonuniform face
87	87	20 fiber, which is manufactured with multiple polymer types,
88	88	21 fiber types, or both, in the face of the constructed material.
89	89	22 "Brand" means a name, symbol, word, or mark that
90	90	23 identifies the carpet, rather than its components, and
91	91	24 attributes the product to the owner or licensee of the brand as
92	92	25 the producer.
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103	103	1 "Carpet" means a manufactured article that is (i) used in
104	104	2 commercial buildings, single or multifamily residential
105	105	3 buildings, or sports playing surfaces, (ii) affixed or placed
106	106	4 on the floor or building walking surface as a decorative or
107	107	5 functional building interior or exterior feature, and (iii)
108	108	6 primarily constructed of a top visible surface of synthetic
109	109	7 face fibers or yarns or tufts attached to a backing system
110	110	8 derived from synthetic or natural materials. "Carpet"
111	111	9 includes, but is not limited to, a commercial or residential
112	112	10 broadloom carpet, modular carpet tiles, and artificial turf.
113	113	11 "Carpet" includes a pad or underlayment used in conjunction
114	114	12 with a carpet. "Carpet" does not include handmade rugs, area
115	115	13 rugs, or mats.
116	116	14 "Carpet recovery" means the process by which old carpet is
117	117	15 collected, processed, and returned to the economic mainstream
118	118	16 in the form of raw materials or products. "Carpet recovery" is
119	119	17 further defined to include only those pounds of old carpet
120	120	18 that are an output of a processor destined for an end market or
121	121	19 carpet reutilization and is not meant to mean the gross input
122	122	20 pounds of old carpet accepted by a processor. "Carpet
123	123	21 recovery" does not include energy recovery or energy
124	124	22 generation by means of combusting old carpet, and it does not
125	125	23 include any disposal or use of old carpet within the permitted
126	126	24 boundaries of a municipal solid waste landfill unit.
127	127	25 "Carpet recovery rate" means the percentage of old carpet
128	128	26 that is an output of a processor destined for carpet recovery
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139	139	1 or reutilization and is computed by dividing the amount of old
140	140	2 carpet that is an output of a processor destined for carpet
141	141	3 recovery or reutilization by the total amount of old carpet
142	142	4 that is generated over a program year. To determine the annual
143	143	5 carpet recovery rates required by this Act the amount of old
144	144	6 carpet generated shall be calculated using an industry
145	145	7 standard calculation based on annual sales, replacement rate,
146	146	8 and the average weight of carpet.
147	147	9 "Carpet reutilization" means donating or selling an old
148	148	10 carpet back into the market for its original intended use,
149	149	11 when the old carpet retains its original purpose and
150	150	12 performance characteristics.
151	151	13 "Carpet stewardship program" means a statewide program for
152	152	14 the collection of old carpet and environmentally sound
153	153	15 management of old carpet that is funded by producers and
154	154	16 established and operated by the clearinghouse.
155	155	17 "Clearinghouse" means the entity incorporated as a
156	156	18 nonprofit within the meaning of 26 U.S.C. 501 representing
157	157	19 carpet producers, and other designated representatives who are
158	158	20 cooperating with one another to collectively establish and
159	159	21 operate a carpet recovery and carpet reutilization program for
160	160	22 old carpet for the purpose of complying with this Act.
161	161	23 "Clearinghouse plan" means a single, detailed plan
162	162	24 prepared by the clearinghouse that includes all the
163	163	25 information required by this Act.
164	164	26 "Clearinghouse program" means a statewide program for the
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175	175	1 collection of old carpet and environmentally sound management
176	176	2 of old carpet that is financed by producers and established
177	177	3 and operated by the clearinghouse.
178	178	4 "Collection" means any method of consolidating and
179	179	5 temporarily storing old carpet.
180	180	6 "Collection site" means a site managed by a
181	181	7 clearinghouse-approved collector to collect and temporarily
182	182	8 store old carpet as provided by this Act.
183	183	9 "Collector" means any public or private entity approved by
184	184	10 the clearinghouse that provides old carpet collection
185	185	11 services.
186	186	12 "Comptroller" means the Comptroller of the State.
187	187	13 "Consumer" means any person who makes a purchase at
188	188	14 retail.
189	189	15 "Distributor" or "wholesaler" means a person who buys or
190	190	16 otherwise acquires carpet from another source and sells or
191	191	17 offers to sell that carpet to retailers in this State.
192	192	18 "Installer" means any person or entity contracted for the
193	193	19 purpose of installing flooring where old carpet is removed.
194	194	20 "Nylon carpet" means carpet made with a uniform face fiber
195	195	21 made with either nylon 6 or nylon 6,6.
196	196	22 "Old carpet" means carpet that is no longer used for its
197	197	23 manufactured purpose.
198	198	24 "Person" means any individual, partnership, copartnership,
199	199	25 firm, company, corporation, association, joint stock company,
200	200	26 trust, estate, political subdivision, State agency, or any
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211	211	1 other legal entity, or their legal representative, agent, or
212	212	2 assign.
213	213	3 "PET carpet" means carpet made from polyethylene
214	214	4 terephthalate.
215	215	5 "Polypropylene carpet" means carpet made from
216	216	6 polypropylene.
217	217	7 "Processor" means a public or private entity approved by
218	218	8 the clearinghouse to prepare old carpet for reutilization,
219	219	9 recovery, or disposal that uses industry recognized processes,
220	220	10 such as shredding, grinding, shearing, depolymerization, or
221	221	11 other methods recognized by the clearinghouse, to convert old
222	222	12 carpet into finished recovered output ready to be used as an
223	223	13 input material for secondary products.
224	224	14 "Producer" means a person who manufactures carpet that is
225	225	15 sold, offered for sale, or distributed in this State. Producer
226	226	16 includes any person who imports carpet into the United States
227	227	17 that is sold, offered for sale, or distributed in this State
228	228	18 and that is manufactured by a person who does not manufacture
229	229	19 the carpet in the United States. "Producer" does not include a
230	230	20 retailer that trademarks or brands carpet that is sold,
231	231	21 offered for sale, or distributed in this State that is
232	232	22 manufactured by a person other than the retailer.
233	233	23 "Program year" means a calendar year. The first program
234	234	24 year is 2026.
235	235	25 "PTT carpet" means carpet made from polytrimethylene
236	236	26 terephthalate.
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247	247	1 "Retailer" means any person engaged in the business of
248	248	2 making sales at retail that generate occupation or use tax
249	249	3 revenue. "Retailer" does not include a distributor, producer,
250	250	4 or wholesaler, as those terms are defined in this Section.
251	251	5 "Roll-off dumpster" means a waste container that holds at
252	252	6 least 40 cubic yards of waste.
253	253	7 "Sale" or "sell" means a transfer of title to carpet for
254	254	8 consideration, including a remote sale conducted through a
255	255	9 sales outlet, catalog, website, or similar electronic means.
256	256	10 "Sale" or "sell" includes a lease through which carpet is
257	257	11 provided to a consumer by a producer, distributor, or
258	258	12 retailer.
259	259	13 "Semitrailer" means any vehicle without motive power,
260	260	14 other than a pole trailer, designed for carrying persons or
261	261	15 property and for being drawn by a motor vehicle and so
262	262	16 constructed that some part of its weight and that of its load
263	263	17 rests upon or is carried by another vehicle.
264	264	18 "Sorter" means a public or private entity approved by the
265	265	19 clearinghouse that performs the sorting of old carpet for
266	266	20 third-party carpet recovery or carpet reutilization.
267	267	21 "Sorting" means the method used for sorting old carpet
268	268	22 into its various backing types or fiber types for carpet
269	269	23 recovery or carpet reutilization.
270	270	24 "Wool carpet" means carpet made from wool.
271	271	25 Section 15. Formation, duties, and powers of the
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282	282	1 clearinghouse.
283	283	2 (a) Within 60 days after the effective date of this Act,
284	284	3 the Director of the Agency shall appoint the following members
285	285	4 to the clearinghouse, which shall be incorporated as a
286	286	5 nonprofit, to administer and implement the carpet stewardship
287	287	6 program, and the Director of the Agency shall appoint members
288	288	7 that reflect the racial and gender diversity of this State:
289	289	8 (1) one individual who is a representative of a
290	290	9 statewide association representing retailers;
291	291	10 (2) two individuals who are representatives of carpet
292	292	11 producers;
293	293	12 (3) one individual who is a representative of a
294	294	13 national association representing manufacturers of carpet;
295	295	14 (4) two individuals who are representatives of carpet
296	296	15 processors;
297	297	16 (5) two individuals who are representatives of a
298	298	17 statewide association representing waste disposal
299	299	18 companies;
300	300	19 (6) two individuals who are representatives of
301	301	20 environmental organizations;
302	302	21 (7) two individuals who are representatives of county
303	303	22 or municipal joint action agency waste management
304	304	23 programs;
305	305	24 (8) one individual who is a representative of a
306	306	25 company that utilizes old carpet to manufacture a new
307	307	26 product, not including new carpet; and
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318	318	1 (9) one individual who is a representative of an
319	319	2 association representing installers of carpet.
320	320	3 (b) Members of the clearinghouse shall serve without
321	321	4 compensation but shall be reimbursed for travel expenses and
322	322	5 any other contingent expenses related to the formation of the
323	323	6 clearinghouse as a legal and functioning entity as part of the
324	324	7 budget for the clearinghouse program approved in the
325	325	8 clearinghouse plan. Members shall serve on the clearinghouse
326	326	9 until a successor is appointed and qualified.
327	327	10 (c) The clearinghouse's duties include, but are not
328	328	11 limited to:
329	329	12 (1) selection of a Chairperson, Vice-Chairperson,
330	330	13 Secretary, and Treasurer, the creation of bylaws, and
331	331	14 organizing itself into committees to implement this Act;
332	332	15 (2) incorporating itself as a 501c(3) nonprofit
333	333	16 organization and establishing financial accounts for use
334	334	17 by the clearinghouse under this Act;
335	335	18 (3) preparing the clearinghouse plan, and any required
336	336	19 amendments, in compliance with this Act;
337	337	20 (4) implementing the clearinghouse plan;
338	338	21 (5) submitting to the Agency in the clearinghouse plan
339	339	22 a funding mechanism that will generate sufficient funds to
340	340	23 implement the clearinghouse plan and meet the performance
341	341	24 goals established in paragraph (12) of subsection (a) of
342	342	25 Section 25; in determining the level of funding necessary
343	343	26 the clearinghouse may take into account program costs in
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354	354	1 other jurisdictions' approved carpet stewardship plans,
355	355	2 annual reports, audits, and other information;
356	356	3 (6) approving collectors, sorters, and processors to
357	357	4 provide services under this Act;
358	358	5 (7) creating and administering a grant program to
359	359	6 assist in covering the costs to collect, process, or
360	360	7 market old carpet for carpet reutilization or carpet
361	361	8 recovery;
362	362	9 (8) being responsible for meeting the performance
363	363	10 goals specified by this Act;
364	364	11 (9) submitting annual program reports as required by
365	365	12 this Act;
366	366	13 (10) overseeing an annual audit conducted by a
367	367	14 third-party entity of the carpet stewardship program's
368	368	15 revenues and expenditures, and reporting those findings to
369	369	16 the Comptroller; and
370	370	17 (11) holding meetings that are open to the public with
371	371	18 reasonable notice of the meeting made publicly available.
372	372	19 (d) The clearinghouse shall hire a director and necessary
373	373	20 staff within 150 days after the effective date of this Act,
374	374	21 which shall be funded as part of the budget for the
375	375	22 clearinghouse program approved in the clearinghouse plan.
376	376	23 Section 20. Carpet stewardship program and sale
377	377	24 requirement.
378	378	25 (a) For all carpet sold in this State, the clearinghouse
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389	389	1 shall implement, and producers shall finance, a statewide
390	390	2 carpet stewardship program that: manages carpet by reducing
391	391	3 its waste generation; promotes its carpet recovery and carpet
392	392	4 reutilization; and provides for negotiation and execution of
393	393	5 agreements to collect, transport, process, or market the old
394	394	6 carpet for end-of-life carpet recovery or carpet
395	395	7 reutilization.
396	396	8 (b) On and after January 1, 2026, a producer or
397	397	9 distributor may not offer for sale any carpet to any person in
398	398	10 this State unless the producer has registered with the
399	399	11 clearinghouse and has provided its share of funding, on an
400	400	12 annual basis, necessary to implement the clearinghouse plan as
401	401	13 approved by the Agency pursuant to Section 45 and is subject to
402	402	14 penalties under Section 70.
403	403	15 Section 25. Clearinghouse plan.
404	404	16 (a) By July 1, 2026 and by July 1 every 3 years thereafter,
405	405	17 beginning with program year 2027, the clearinghouse shall
406	406	18 submit a 3-year plan to the Agency and receive approval of the
407	407	19 plan. The clearinghouse plan shall include, at a minimum, each
408	408	20 of the following:
409	409	21 (1) Certification that the carpet stewardship program
410	410	22 will accept for collection all old carpet, regardless of
411	411	23 type or which producer manufactured the product and its
412	412	24 individual components.
413	413	25 (2) Contact information for each individual
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424	424	1 representing the clearinghouse, designation of a program
425	425	2 manager responsible for administering the program in this
426	426	3 State, a list of all producers participating in the carpet
427	427	4 stewardship program, and the brands covered by the product
428	428	5 stewardship program.
429	429	6 (3) A description of the methods by which old carpet
430	430	7 will be collected in this State, including an explanation
431	431	8 of how the collection system will achieve a convenience
432	432	9 standard of having collection sites in all counties with a
433	433	10 population density of greater than or equal to 100
434	434	11 individuals per square mile in this State by January 1,
435	435	12 2026 for program year 2026, and all counties with a
436	436	13 population density of greater than or equal to 50
437	437	14 individuals per square mile for program year 2027 and
438	438	15 thereafter.
439	439	16 (4) An evaluation, beginning with the second 3-year
440	440	17 plan submitted by July 1, 2028, of the feasibility and
441	441	18 cost of expanding the convenience standard to at least one
442	442	19 collection site in every county in the State.
443	443	20 (5) A description of how the adequacy of the
444	444	21 collection program will be monitored, evaluated, and
445	445	22 maintained.
446	446	23 (6) The names and locations of collectors, sorters,
447	447	24 and processors who have been approved by the clearinghouse
448	448	25 to manage old carpet.
449	449	26 (7) A description of how the old carpet and the
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460	460	1 products' components will be safely and securely
461	461	2 transported, tracked, and handled from collection through
462	462	3 final carpet recovery and processing.
463	463	4 (8) A description of the methods to be used to
464	464	5 reutilize, deconstruct, or recover old carpet to ensure
465	465	6 that the products' components, to the extent feasible, are
466	466	7 transformed or remanufactured into finished products for
467	467	8 use.
468	468	9 (9) A description of the methods to be used to manage
469	469	10 or dispose of old carpet that cannot be carpet recovered
470	470	11 or carpet reutilized.
471	471	12 (10) A description of the promotion and outreach
472	472	13 activities and proposed budget that will be used to
473	473	14 encourage participation in the collection and carpet
474	474	15 recovery programs and how the activities' effectiveness
475	475	16 will be evaluated and the program modified, if necessary.
476	476	17 (11) Certification that any person who may be involved
477	477	18 in collection, handling, or disposal operations possesses
478	478	19 adequate insurance, as determined by the clearinghouse,
479	479	20 including, but not limited to, workers compensation and
480	480	21 liability coverage.
481	481	22 (12) A 3-year rolling performance goal, including an
482	482	23 estimate of the percentage of old carpet that will be
483	483	24 collected, carpet reutilized, and carpet recovered during
484	484	25 each of the next 3 years of the stewardship plan, with a
485	485	26 minimum goal of achieving a 25% carpet recovery rate by
486	486
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496	496	1 December 31, 2028. The performance goals shall include a
497	497	2 specific goal for the amount of old carpet that will be
498	498	3 collected, carpet recovered, and carpet reutilized during
499	499	4 each year of the plan.
500	500	5 The clearinghouse shall achieve a carpet recovery rate
501	501	6 goal of 50% by December 31, 2031 for the 3-year plan period
502	502	7 beginning January 1, 2029. Thereafter, the clearinghouse
503	503	8 shall establish a carpet recovery rate goal for each
504	504	9 subsequent 3-year plan period by March 1 of the calendar
505	505	10 year preceding the first year of that 3-year plan period.
506	506	11 (13) A discussion of the status of end markets for old
507	507	12 carpet and what, if any, additional end markets are needed
508	508	13 to improve the functioning of the program.
509	509	14 (14) A discussion of carpet design and manufacturing
510	510	15 changes that the producers are considering or have
511	511	16 implemented in order to reduce toxicity, water use, or
512	512	17 energy use associated with the production of carpet and
513	513	18 efforts to increase the recoverable content,
514	514	19 recoverability, or carpet longevity.
515	515	20 (15) A funding mechanism that demonstrates sufficient
516	516	21 producer funding to carry out the plan, including the
517	517	22 administrative, operational, and capital costs of
518	518	23 implementing the plan, and payment of incentive payments
519	519	24 to carpet collectors, processors, and end use markets to
520	520	25 assist with the implementation of this Act.
521	521	26 (16) Annual budgets showing revenue and expenditure
522	522
523	523
524	524
525	525
526	526
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528	528
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532	532	1 projections for the current program year and projected for
533	533	2 the next 2 years of the program.
534	534	3 (17) A process by which the financial activities of
535	535	4 the clearinghouse that are related to the implementation
536	536	5 of the plan shall be subject to an annual independent
537	537	6 audit, conducted by a third party, which shall be reviewed
538	538	7 by the Comptroller.
539	539	8 (18) A description of an educational program and
540	540	9 materials that shall be implemented and used to train
541	541	10 operators of collection sites on how to properly collect
542	542	11 old carpet and reduce contamination. At no time shall a
543	543	12 collection site be subject to a fine or extra charge for
544	544	13 contamination by either the clearinghouse or a carpet
545	545	14 processor. However, collection sites that continue to ship
546	546	15 contaminated old carpet to processors may be removed from
547	547	16 the stewardship program by the clearinghouse.
548	548	17 (19) Baseline information, for the most current year
549	549	18 for which data is available, on the amount of square feet
550	550	19 and pounds of carpet sold in this State, by type of polymer
551	551	20 or nonpolymer material used to make the carpet.
552	552	21 (20) A discussion of the feasibility, cost, and
553	553	22 effectiveness of labeling the backside of new carpet with
554	554	23 the polymer type or nonpolymer material used to
555	555	24 manufacture the carpet to assist processors in more easily
556	556	25 identifying the type of old carpet collected for
557	557	26 processing.
558	558
559	559
560	560
561	561
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564	564
565	565
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568	568	1 (21) A description of the program that shall be
569	569	2 implemented to train carpet installers on how to properly
570	570	3 manage old carpet so that it can be carpet reutilized or
571	571	4 carpet recovered under this Act, including, but not
572	572	5 limited to, the development of videos and written
573	573	6 materials regarding the carpet recovery program.
574	574	7 (b) An update to the plan shall be submitted, at a minimum,
575	575	8 every 3 years, or if the clearinghouse determines that a plan
576	576	9 update is needed, prior to the minimum of once every 3 years.
577	577	10 (c) If the clearinghouse determines that any proposed
578	578	11 significant changes or modifications to the plan or its
579	579	12 implementation are needed, within 30 days of that
580	580	13 determination the clearinghouse shall submit to the Agency a
581	581	14 written plan update for review and approval in accordance with
582	582	15 Section 30.
583	583	16 Section 30. Review and approval of the clearinghouse plan
584	584	17 and plan updates.
585	585	18 (a) After receipt of a proposed plan or plan update, the
586	586	19 Agency shall determine whether the plan or plan update
587	587	20 complies with Section 25. If the Agency determines that the
588	588	21 plan or plan update complies with Section 25, the Agency shall
589	589	22 notify the clearinghouse of the plan or plan update approval
590	590	23 in writing within 90 days of receipt of the plan or plan
591	591	24 update. If the Agency determines that the plan or plan update
592	592	25 does not comply with Section 25, the Agency shall notify the
593	593
594	594
595	595
596	596
597	597
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603	603	1 clearinghouse of the plan or plan update rejection in writing
604	604	2 within 90 days of receipt of the plan or plan update and
605	605	3 include the reasons why the plan or plan update does not comply
606	606	4 with Section 25. The clearinghouse shall submit a revised plan
607	607	5 to the Agency within 60 days after receiving a notice of
608	608	6 rejection. Any proposed changes to a plan or plan update must
609	609	7 be reviewed and approved by the Agency in accordance with this
610	610	8 subsection (a).
611	611	9 (b) The clearinghouse plan and plan updates approved by
612	612	10 the Agency shall be placed on the Agency's website and made
613	613	11 available at the Agency's headquarters for public review in
614	614	12 accordance with the Freedom of Information Act.
615	615	13 Section 32. Implementation of clearinghouse plan. The
616	616	14 clearinghouse shall implement the clearinghouse plan
617	617	15 components under subsection (a) of Section 25 upon approval of
618	618	16 the clearinghouse plan or plan update by the Agency under
619	619	17 Section 30. The clearinghouse shall monitor the implementation
620	620	18 of the clearinghouse plan and shall have the authority to
621	621	19 require specific action by its director and staff to meet the
622	622	20 clearinghouse plan implementation requirements under this
623	623	21 Section.
624	624	22 Section 36. Collection of old carpet.
625	625	23 (a) No later than June 1, 2026, in any county with a
626	626	24 population of greater than 200,000 people, any installer
627	627
628	628
629	629
630	630
631	631
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633	633
634	634
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636	636	HB1876 - 18 - LRB104 09324 BDA 19382 b
637	637	1 engaged in removing old carpet from a residence or business
638	638	2 shall transport, or contract to transport, all old carpet to a
639	639	3 clearinghouse-approved old carpet collection site as defined
640	640	4 in Section 10.
641	641	5 (b) Approved carpet collection sites as defined in Section
642	642	6 10 shall ensure that old carpet is collected in the prescribed
643	643	7 conditions required by the clearinghouse plan. The conditions
644	644	8 must also include, but are not limited to, the following
645	645	9 requirements:
646	646	10 (1) Old carpet must be kept in a location that allows
647	647	11 it to remain dry at all times.
648	648	12 (2) Containers holding collected old carpet must be
649	649	13 free of all noncarpet discarded waste items.
650	650	14 (3) Prior to shipment to a processor, containers
651	651	15 holding discarded carpet must be filled to the following
652	652	16 minimum standards:
653	653	17 (A) Roll-off dumpsters shall be filled to a
654	654	18 minimum of 8 tons.
655	655	19 (B) Semitrailers shall be filled to a minimum of
656	656	20 13 tons.
657	657	21 (4) Approved collection sites must permit an approved
658	658	22 processor's prescribed container to be housed on site for
659	659	23 loading by the collector for pickup at the collection
660	660	24 site.
661	661	25 (c) Any approved collection site that has collected old
662	662	26 carpet as prescribed by the clearinghouse plan and whose full
663	663
664	664
665	665
666	666
667	667
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669	669
670	670
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673	673	1 container volume is not removed by a registered processor upon
674	674	2 3-business day's electronic notice to the processor stating
675	675	3 that collected old carpet is ready for removal may dispose of
676	676	4 that container's contents in a landfill.
677	677	5 Section 37. Economic support for approved carpet
678	678	6 collection sites. The clearinghouse program shall pay approved
679	679	7 old carpet collection sites for costs, services, and
680	680	8 infrastructure improvements as follows:
681	681	9 (1) Reimbursement for reasonable costs, as
682	682	10 pre-approved by the clearinghouse, to adapt sites for old
683	683	11 carpet collection as required by this Act, including, but
684	684	12 not limited to, one-time costs for constructing the needed
685	685	13 structure to make the collection of carpet safe and
686	686	14 convenient, and to ensure adequate room to maneuver old
687	687	15 carpet collection equipment in such a manner so as to not
688	688	16 disrupt the normal flow of activity at the collection
689	689	17 site.
690	690	18 (2) A recovery fee equivalent to $20 per ton for all
691	691	19 old carpet collected that is subject to this Act and
692	692	20 loaded into trailers at the collector's site in accordance
693	693	21 with subsection (b) of Section 36.
694	694	22 (3) Approved carpet collection sites located at waste
695	695	23 transfer or waste disposal facilities permitted by the
696	696	24 Agency may, at their discretion, charge the generator of
697	697	25 such discarded carpet customary and proprietary collection
698	698
699	699
700	700
701	701
702	702
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704	704
705	705
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708	708	1 and disposal fees.
709	709	2 (4) Approved carpet collection sites may not charge a
710	710	3 processor any fee for removal of carpet discarded from the
711	711	4 collection site location.
712	712	5 (5) Economic support for approved carpet collectors
713	713	6 under this Section shall be reviewed by the clearinghouse
714	714	7 every 3 years as clearinghouse plans are submitted to the
715	715	8 Agency.
716	716	9 Section 40. State action antitrust exemption. Each
717	717	10 producer and the clearinghouse shall be immune from liability
718	718	11 for any claim of violation of antitrust law or unfair trade
719	719	12 practice if the conduct is a violation of antitrust law, to the
720	720	13 extent the producer or clearinghouse is exercising authority
721	721	14 under the provisions of this Act.
722	722	15 Section 45. Requirements applicable to producers.
723	723	16 (a) On and after January 1, 2026, producers of carpet
724	724	17 shall provide funding to the clearinghouse sufficient to cover
725	725	18 the administrative costs of establishing the clearinghouse in
726	726	19 calendar year 2026 and annually thereafter to cover the costs
727	727	20 of developing and implementing the clearinghouse plan. The
728	728	21 funding mechanism:
729	729	22 (1) shall take into account the financial burden that
730	730	23 blended carpet, nylon carpet, PET carpet, polypropylene
731	731	24 carpet, and wool carpet have on the clearinghouse program
732	732
733	733
734	734
735	735
736	736
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738	738
739	739
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741	741	HB1876 - 21 - LRB104 09324 BDA 19382 b
742	742	1 costs;
743	743	2 (2) shall be differentiated by the type of material,
744	744	3 recycling cost, recycling content, and other qualities
745	745	4 related to toxicity, resource use, and recyclability;
746	746	5 (3) shall ensure an equitable and efficient allocation
747	747	6 of financial responsibility among producers;
748	748	7 (4) shall be at a level sufficient to cover the annual
749	749	8 costs of the clearinghouse program, as reported to the
750	750	9 Agency in the clearinghouse plan, and based on program
751	751	10 metrics and outcomes; if the Agency determines the level
752	752	11 of funding from the producers is not sufficient to cover
753	753	12 the annual costs of the clearinghouse program, the Agency
754	754	13 may request additional funding from the clearinghouse; and
755	755	14 (5) shall not charge:
756	756	15 (A) a specific point-of-sale fee to consumers to
757	757	16 recoup the costs of the clearinghouse program; or
758	758	17 (B) an increase in the cost of carpet to recoup the
759	759	18 costs of the clearinghouse program.
760	760	19 (b) The amount that each producer pays to fund the
761	761	20 clearinghouse program on an annual basis shall be considered
762	762	21 proprietary information that is privileged or confidential and
763	763	22 shall not be disclosed to the clearinghouse or the public.
764	764	23 However, in order to determine if each producer is paying its
765	765	24 proper share, an independent professional accounting firm
766	766	25 shall be hired by the clearinghouse to review the payments and
767	767	26 verify that the funding provided by each producer is in
768	768
769	769
770	770
771	771
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778	778	1 compliance with the funding mechanism agreed to by the
779	779	2 producers.
780	780	3 (c) Producers, working with the clearinghouse, shall
781	781	4 provide consumers with educational materials regarding the
782	782	5 clearinghouse program. The materials shall include information
783	783	6 regarding available end-of-life management options for old
784	784	7 carpet offered through the carpet stewardship program.
785	785	8 (d) Producers who sell carpet in this State shall register
786	786	9 with the clearinghouse by October 1, 2026 and annually
787	787	10 thereafter for as long as that producer sells carpet in this
788	788	11 State. For the first year of registration, a producer shall
789	789	12 pay a registration fee of $25,000 to the clearinghouse, the
790	790	13 amount of which may be deducted from the producer's quarterly
791	791	14 assessment due to the clearinghouse until such time that the
792	792	15 producer's assessment due exceeds the total cost of the
793	793	16 registration fee.
794	794	17 Section 50. Requirements applicable to retailers and
795	795	18 distributors.
796	796	19 (a) On and after January 1, 2026, no carpet may be sold in
797	797	20 this State unless the carpet's producer has registered with
798	798	21 the clearinghouse under subsection (d) of Section 45.
799	799	22 (b) Any retailer or distributor may participate, on a
800	800	23 voluntary basis, as a designated collection point under a
801	801	24 product stewardship program and in accordance with applicable
802	802	25 law.
803	803
804	804
805	805
806	806
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809	809
810	810
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813	813	1 (c) No retailer or distributor shall be found to be in
814	814	2 violation of this Section if, on the date the carpet was
815	815	3 ordered from the producer or its agent, the producer was
816	816	4 registered on the clearinghouse's website in accordance with
817	817	5 this Act.
818	818	6 (d) Retailers shall provide consumers with educational
819	819	7 materials, developed by producers and the clearinghouse, that
820	820	8 shall include, but are not limited to, information (i)
821	821	9 regarding available end-of-life management options for old
822	822	10 carpet, and (ii) notifying the consumer of the importance of
823	823	11 carpet recovery.
824	824	12 Section 55. Posting of information.
825	825	13 (a) Beginning March 1, 2026, and annually thereafter, the
826	826	14 clearinghouse shall post on its website the list of carpet
827	827	15 producers that registered with the clearinghouse, in
828	828	16 accordance with subsection (d) of Section 45.
829	829	17 (b) Beginning January 1, 2027, and annually thereafter,
830	830	18 for the benefit of assisting consumers who wish to find
831	831	19 collection sites for recovering carpet, the Agency shall post
832	832	20 on its website the location of all collection sites identified
833	833	21 to the Agency by the clearinghouse in its plans and annual
834	834	22 reports.
835	835	23 (c) Beginning May 1, 2028, and annually thereafter, the
836	836	24 Agency shall post on its website copies of the annual reports.
837	837
838	838
839	839
840	840
841	841
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843	843
844	844
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847	847	1 Section 60. Annual stewardship reports.
848	848	2 (a) By April 1, 2027, and by April 1 of each year
849	849	3 thereafter, the clearinghouse shall submit a report to the
850	850	4 Agency that includes, for the previous program year, a
851	851	5 description of the carpet stewardship program, including, but
852	852	6 not limited to, the following:
853	853	7 (1) the amount of carpet sold by square feet and
854	854	8 pounds in this State during the reporting period by
855	855	9 polymer type or nonpolymer material;
856	856	10 (2) a description of the methods used to collect,
857	857	11 transport, and process old carpet in regions of this
858	858	12 State, and a listing of the persons used to collect,
859	859	13 transport, and process old carpet;
860	860	14 (3) identification of all old carpet collection sites
861	861	15 in this State and whether the requirement of paragraph (3)
862	862	16 of subsection (a) of Section 25 has been met;
863	863	17 (4) the weight of all old carpet collected and carpet
864	864	18 reutilized or carpet recovered in all regions of this
865	865	19 State, a comparison to the performance goals and carpet
866	866	20 recovery rates established in the clearinghouse plan, and,
867	867	21 if appropriate, an explanation stating the reason or
868	868	22 reasons performance goals were not met;
869	869	23 (5) the weight of old carpet collected in this State
870	870	24 but not carpet reutilized or carpet recovered and its
871	871	25 ultimate disposition, and a comparison to the performance
872	872	26 goals in the clearinghouse plan;
873	873
874	874
875	875
876	876
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883	883	1 (6) the total cost of implementing the clearinghouse
884	884	2 plan and a copy of the independent audit regarding the
885	885	3 financial activities of the clearinghouse;
886	886	4 (7) a proposed budget for implementing the
887	887	5 clearinghouse plan in the subsequent calendar year;
888	888	6 (8) an evaluation of the producers' funding mechanism
889	889	7 and its ability to properly fund the implementation of the
890	890	8 clearinghouse plan, including whether the incentive
891	891	9 payments to collectors, processors, and end markets for
892	892	10 managing carpet are adequate to ensure that the old carpet
893	893	11 can be carpet reutilized or carpet recovered under the
894	894	12 program;
895	895	13 (9) identification of the facilities processing
896	896	14 carpet, the weight processed at each facility, and each
897	897	15 facility's processing capacity;
898	898	16 (10) an evaluation of the effectiveness of the
899	899	17 clearinghouse plan, and anticipated steps, if needed, to
900	900	18 improve performance;
901	901	19 (11) a discussion of progress made toward achieving
902	902	20 carpet design changes according to paragraph (14) of
903	903	21 subsection (a) of Section 25; and
904	904	22 (12) samples of educational materials provided to
905	905	23 consumers and carpet installers, and an evaluation of the
906	906	24 effectiveness of the materials and the methods used to
907	907	25 disseminate the materials. The evaluation shall include,
908	908	26 but shall not be limited to, information on the number of
909	909
910	910
911	911
912	912
913	913
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915	915
916	916
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918	918	HB1876 - 26 - LRB104 09324 BDA 19382 b
919	919	1 consumers and carpet installers that received or viewed
920	920	2 the educational materials, and any consumer and carpet
921	921	3 installer survey data that may have been collected
922	922	4 regarding the educational materials used.
923	923	5 Section 65. Administrative fee.
924	924	6 (a) The clearinghouse shall remit to the Agency an annual
925	925	7 fee of $250,000 to be used for administrative costs pursuant
926	926	8 to this Act. This amount shall be included in the annual budget
927	927	9 for the clearinghouse plan. The clearinghouse shall reimburse
928	928	10 the Comptroller for costs related to reviewing the annual
929	929	11 carpet stewardship program audits.
930	930	12 (b) The clearinghouse shall pay the Agency's
931	931	13 administrative fee under subsection (a) on or before January
932	932	14 1, 2026, and annually thereafter. The clearinghouse shall
933	933	15 reimburse the Comptroller for its costs within 60 days of
934	934	16 receiving notice from the Comptroller.
935	935	17 (c) The Agency shall deposit the fees collected under this
936	936	18 Section into the Solid Waste Management Fund.
937	937	19 Section 70. Enforcement.
938	938	20 (a) On and after January 1, 2026, no producer,
939	939	21 distributor, or retailer shall sell or offer for sale carpet
940	940	22 to any person in this State if the producer of the carpet is
941	941	23 not registered with the clearinghouse or has not remitted
942	942	24 adequate funding pursuant to Section 45.
943	943
944	944
945	945
946	946
947	947
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949	949
950	950
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953	953	1 (b) No retailer or distributor shall be found in violation
954	954	2 of the provisions of subsection (a) if, on the date the carpet
955	955	3 was ordered from the producer or its agent, the producer was
956	956	4 listed on the clearinghouse's website in accordance with the
957	957	5 provisions of subsection (a) of Section 55.
958	958	6 (c) The Attorney General or the State's Attorney of the
959	959	7 county in which the violation occurred are authorized to seek
960	960	8 a civil penalty in the amount of $5,000 per day for each
961	961	9 violation against any producer who violates the registration
962	962	10 requirements under subsection (d) of Section 45 or who fails
963	963	11 to remit the funding under Section 45.
964	964	12 (d) The Attorney General or the State's Attorney of the
965	965	13 county in which the violation occurred are authorized to seek
966	966	14 a civil penalty in the amount of $5,000 per day for each
967	967	15 violation against any producer, distributor, or retailer who
968	968	16 sells or offers for sale carpet to any person in this State if
969	969	17 the producer of the carpet is not registered with the
970	970	18 clearinghouse under subsection (d) of Section 45 or has not
971	971	19 remitted the required funding under Section 45.
972	972	20 (e) The penalties provided for in this Section may be
973	973	21 recovered in a civil action. Any penalties collected under
974	974	22 this Section in an action in which the Attorney General has
975	975	23 prevailed shall be deposited in the Environmental Protection
976	976	24 Trust Fund, to be used in accordance with the provisions of the
977	977	25 Environmental Protection Trust Fund Act.
978	978	26 (f) The State's Attorney of the county in which the
979	979
980	980
981	981
982	982
983	983
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985	985
986	986
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989	989	1 violation occurred, or the Attorney General, may, at the
990	990	2 request of the Agency or on his or her own motion, institute a
991	991	3 civil action for an injunction, prohibitory or mandatory, to
992	992	4 restrain violations of this Act or to require such other
993	993	5 actions as may be necessary to address violations of this Act.
994	994	6 (g) The State's Attorney of the county in which the
995	995	7 violation occurred, or the Attorney General, may, at the
996	996	8 request of the Agency or on his or her own motion, institute a
997	997	9 civil action for an injunction, prohibitory or mandatory, to
998	998	10 restrain violations of this Act, any rule or regulation
999	999	11 adopted under this Act, any permit or to require such other
1000	1000	12 actions as may be necessary to address violations of this Act
1001	1001	13 or any rule or regulation adopted under this Act.
1002	1002	14 (h) Nothing in this Act prohibits a retailer or
1003	1003	15 distributor from selling their inventory of carpet existing
1004	1004	16 prior to January 1, 2025.
1005	1005	17 (i) Nothing in this Act mandates or otherwise requires and
1006	1006	18 nothing in the clearinghouse plan shall mandate or otherwise
1007	1007	19 require participation of the waste disposal industry in the
1008	1008	20 carpet stewardship program created by this Act.
1009	1009	21 Section 75. State procurement of carpet. Beginning on
1010	1010	22 January 1, 2027, at least 35% of carpet purchased by State
1011	1011	23 agencies shall be carpet with a minimum of 10% post-consumer
1012	1012	24 recovered content by weight from old carpet and comply with
1013	1013	25 the National Science Foundation/American National Standards
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018
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1020	1020
1021	1021
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1024	1024	1 Institute (NSF/ANSI) 140-2009 Standard, Platinum Level or the
1025	1025	2 most current version in effect as provided by the American
1026	1026	3 National Standards Institute. The carpet shall be purchased
1027	1027	4 from a carpet producer with a third-party certified closed
1028	1028	5 loop recovering facility. Thereafter, those purchases shall
1029	1029	6 increase by a rate of 10% per year until it reaches 75%. Prior
1030	1030	7 to January 1, 2027, the clearinghouse shall provide a report
1031	1031	8 to the Illinois Department of Central Management Services on
1032	1032	9 the other types of products that contain reutilized carpet as
1033	1033	10 a feedstock that the State should consider purchasing.
1034	1034	11 Section 97. Severability. The provisions of this Act are
1035	1035	12 severable under Section 1.31 of the Statute on Statutes.
1036	1036
1037	1037
1038	1038
1039	1039
1040	1040
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