Bill Amendment: IL SB0837 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SAFETY-TECH

Status: 2023-06-26 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0837 Detail]

Download: Illinois-2023-SB0837-Senate_Amendment_001.html

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Sen. Julie A. Morrison

Filed: 5/5/2023

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AMENDMENT TO SENATE BILL 837
AMENDMENT NO. ______. Amend Senate Bill 837 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Carpet Stewardship Pilot Program Act.
Section 5. Definitions. In this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Blended carpet" means carpet with a nonuniform face
fiber, which is manufactured with multiple polymer types,
fiber types, or both, in the face of the constructed material.
"Brand" means a name, symbol, word, or mark that
identifies the carpet, rather than its components, and
attributes the product to the owner or licensee of the brand as
the producer.
"Carpet" means a manufactured article that is (i) used in

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commercial buildings, single or multifamily residential
buildings, or trade shows, (ii) affixed or placed on the floor
or building walking surface as a decorative or functional
building interior or exterior feature, and (iii) primarily
constructed of a top visible surface of synthetic face fibers
or yarns or tufts attached to a backing system derived from
synthetic or natural materials. "Carpet" includes, but is not
limited to, a commercial or residential broadloom carpet and
modular carpet tiles. "Carpet" does not include handmade rugs,
area rugs, or mats.
"Carpet recovery" means the process by which old carpet is
collected, processed, and returned to the economic mainstream
in the form of raw materials or products. "Carpet recovery" is
further defined to include only those pounds of old carpet
that are an output of a processor destined for an end market or
carpet reutilization and is not meant to mean the gross input
pounds of old carpet accepted by a processor. "Carpet
recovery" does not include energy recovery or energy
generation by means of combusting old carpet, and it does not
include any disposal or use of old carpet within the permitted
boundaries of a municipal solid waste landfill unit.
"Carpet recovery rate" means the percentage of old carpet
that is an output of a processor destined for carpet recovery
or reutilization and is computed by dividing the amount of old
carpet that is an output of a processor destined for carpet
recovery or reutilization by the total amount of old carpet

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that is generated over a program year. To determine the annual
carpet recovery rates required by this Act the amount of old
carpet generated shall be calculated using an industry
standard calculation based on annual sales, replacement rate,
and the average weight of carpet.
"Carpet reuse" means donating or selling an old carpet
back into the market for its original intended use, when the
old carpet retains its original purpose and performance
characteristics.
"Carpet stewardship pilot program" means a program
established and operated by the representative organization
for the collection of old carpet and environmentally sound
management of old carpet in counties with a population greater
than 300,000 people.
"Carpet stewardship pilot program plan" means a single,
detailed plan prepared by the representative organization that
includes all the information required by this Act.
"Collection" means any method of consolidating and
temporarily storing old carpet.
"Collection site" means a site managed by a representative
organization-approved collector to collect and temporarily
store old carpet as provided by this Act.
"Collector" means any public or private entity approved by
the representative organization that provides old carpet
collection services.
"Consumer" means any person who makes a purchase at

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retail.
"Distributor" or "wholesaler" means a person who buys or
otherwise acquires carpet from another source and sells or
offers to sell that carpet to retailers in the pilot program
counties.
"Installer" means any person or entity contracted for the
purpose of installing flooring where old carpet is removed.
"Nylon carpet" means carpet made with a uniform face fiber
made with either nylon 6 or nylon 6,6.
"Old carpet" means carpet that is no longer used for its
manufactured purpose.
"Person" means any individual, partnership, copartnership,
firm, company, corporation, association, joint stock company,
trust, estate, political subdivision, State agency, or any
other legal entity, or their legal representative, agent, or
assign.
"PET carpet" means carpet made from polyethylene
terephthalate.
"Polypropylene carpet" means carpet made from
polypropylene.
"Processor" means a public or private entity approved by
the representative organization to prepare old carpet for
reutilization, recovery, or disposal that uses industry
recognized processes, such as shredding, grinding, shearing,
depolymerization, or other methods recognized by the
representative organization, to convert old carpet into

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finished recovered output ready to be used as an input
material for secondary products.
"Producer" means a person or entity who manufactures
carpet that is sold, offered for sale, or distributed in the
pilot program counties. Producer includes any person or entity
who imports carpet into the United States that is sold,
offered for sale, or distributed in the pilot program counties
and that is manufactured by a person or entity who does not
manufacture the carpet in the United States. "Producer" does
not include a retailer that trademarks or brands carpet that
is sold, offered for sale, or distributed in the pilot program
counties and that is manufactured by a person other than the
retailer.
"Program year" means a calendar year. The first program
year is 2026.
"PTT carpet" means carpet made from polytrimethylene
terephthalate.
"Representative organization" means the entity
incorporated as a nonprofit within the meaning of 26 U.S.C.
501(c)(3) representing carpet producers who are cooperating
with one another to collectively establish and operate a
carpet recovery and carpet reutilization program for old
carpet for the purpose of complying with this Act.
"Retailer" means any person engaged in the business of
making sales at retail that generate occupation or use tax
revenue. "Retailer" does not include a distributor, producer,

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or wholesaler, as those terms are defined in this Section.
"Roll-off dumpster" means a waste container that holds at
least 40 cubic yards of waste.
"Sale" or "sell" means a transfer of title to carpet for
consideration, including a remote sale conducted through a
sales outlet, catalog, website, or similar electronic means.
"Sale" or "sell" includes a lease through which carpet is
provided to a consumer by a producer, distributor, or
retailer.
"Semitrailer" means any vehicle without motive power,
other than a pole trailer, designed for carrying persons or
property and for being drawn by a motor vehicle and so
constructed that some part of its weight and that of its load
rests upon or is carried by another vehicle.
"Sorter" means a public or private entity approved by the
representative organization that performs the sorting of old
carpet for third-party carpet recovery or carpet reuse.
"Sorting" means the method used for sorting old carpet
into its various backing types or fiber types for carpet
recovery or carpet reuse.
"Wool carpet" means carpet made from wool.
Section 10. Formation, duties, and powers of the
representative organization.
(a) Within 120 days after the effective date of this Act, a
representative organization shall be incorporated by the

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producers in the State of Illinois as a nonprofit, to
administer and implement the carpet stewardship pilot program.
(b) The representative organization's duties include, but
are not limited to:
(1) selecting a Chairperson, Vice-Chairperson,
Secretary, and Treasurer, creating bylaws, and organizing
itself into committees to implement this Act;
(2) incorporating itself as a 501(c)(3) nonprofit
organization and establishing financial accounts for use
by the representative organization under this Act;
(3) preparing the representative organization plan,
and any required amendments, in compliance with this Act;
(4) implementing the representative organization plan;
(5) submitting to the Agency in the representative
organization plan a funding mechanism that will generate
sufficient funds to implement the representative
organization plan and meet the performance goals
established in paragraphs (11) and (12) of subsection (a)
of Section 25; in determining the level of funding
necessary, the representative organization may take into
account program costs in other jurisdictions' approved
carpet stewardship plans, annual reports, audits, and
other information;
(6) approving collectors, sorters, and processors to
provide services under this Act;
(7) creating and administering a grant program to

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assist in covering the costs to collect, process, or
market old carpet for carpet reutilization or carpet
recovery;
(8) being responsible for meeting the performance
goals specified by this Act;
(9) submitting annual program reports as required by
this Act;
(10) overseeing an annual audit conducted by a
third-party entity of the carpet stewardship program's
revenues and expenditures; and
(11) holding meetings that are open to the public with
reasonable notice of the meeting made publicly available.
(c) The representative organization shall hire a director
and staff within 150 days after the effective date of this Act,
which shall be funded as part of the budget for the
representative organization program approved in the
representative organization plan.
Section 15. Carpet Stewardship Advisory Committee.
(a) The Carpet Stewardship Advisory Committee ("Advisory
Committee") is hereby created. Within 120 days of the
effective date of this Act, the Director of the Agency shall
appoint members to the Advisory Committee who reflect the
racial and gender diversity of this State. The duties of the
Advisory Committee include, but are not limited to reviewing
and commenting on the carpet stewardship pilot program plan,

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reviewing and commenting on the annual report, providing
recommendations to the representative organization on the
implementation of the carpet stewardship pilot program plan,
and providing recommendations to the General Assembly by
December 31, 2029 on whether the carpet stewardship pilot
program should be continued beyond this Act's repeal date and
whether it should be expanded to the rest of the State. Such
appointments shall include:
(1) one individual who is a representative of a
statewide association representing retailers;
(2) one individual who is a representative of a
national association representing manufacturers of carpet;
(3) two individuals who are representatives of carpet
processors;
(4) two individuals who are representatives of a
statewide association representing waste disposal
companies;
(5) two individuals who are representatives of
environmental organizations;
(6) two individuals who are representatives of county
or municipal joint action agency waste management
programs;
(7) one individual who is a representative of a
company that uses old carpet to manufacture a new product,
not including new carpet; and
(8) one individual who is a representative of an

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association representing installers of carpet.
(b) Members of the Advisory Committee shall serve without
compensation but shall be reimbursed for travel expenses and
any other contingent expenses related to the formation of the
Advisory Committee as a legal and functioning entity as part
of the budget for the carpet stewardship pilot program
approved in the carpet stewardship pilot program plan. Members
shall serve on the Advisory Committee until a successor is
appointed and qualified. The Advisory Committee shall select a
chair and vice chair, shall meet as needed, and may establish
bylaws.
Section 20. Carpet stewardship pilot program and sale
requirement.
(a) The carpet stewardship pilot program established under
this Act applies only to counties in the pilot program with a
population of 300,000 or more.
(b) For all carpet sold in areas of the State described in
subsection (a), the representative organization shall
implement a carpet stewardship program that (i) manages carpet
by reducing its waste generation; (ii) promotes carpet
recovery and carpet reuse; and (iii) provides for negotiation
and execution of agreements to collect, transport, process, or
market the old carpet for end-of-life carpet recovery or
carpet reuse.
(c) On and after January 1, 2026, a producer or

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distributor may not offer for sale any carpet to any person in
this State, unless the producer has registered with the
representative organization, has provided its share of
funding, on an annual basis, to implement the representative
organization plan as approved by the Agency pursuant to
Section 45, and is subject to penalties under Section 70.
Section 25. Stewardship plan.
(a) By July 1, 2025, and by July 1 every 3 years
thereafter, the representative organization shall submit a
3-year carpet stewardship pilot program plan to the Agency for
the geographic area defined in subsection (a) of Section 20
and shall receive approval of the plan. The plan shall
include, at a minimum, each of the following:
(1) Certification that the carpet stewardship pilot
program will accept for collection all old carpet,
regardless of type or which producer manufactured the
product and its individual components.
(2) Contact information for each individual
representing the representative organization, a
designation of a program manager responsible for
administering the program in the pilot program counties,
and a list of all producers participating in the carpet
stewardship pilot program and the brands covered by the
program.
(3) A description of the methods by which old carpet

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will be collected in the pilot program counties, including
an explanation of how the collection system will achieve a
convenience standard of having collection sites in all
counties covered by this Act.
(4) An evaluation, beginning with the second 3-year
plan submitted by July 1, 2028, of the feasibility and
cost of expanding the pilot program to additional counties
in the State of Illinois, with the eventual goal of
serving every county in the State.
(5) A description of how the adequacy of the
collection program will be monitored, evaluated, and
maintained.
(6) The names and locations of collectors, sorters,
and processors who have been approved by the
representative organization to manage old carpet.
(7) A description of how the old carpet and the
products' components will be safely and securely
transported, tracked, and handled from collection through
final carpet recovery and processing.
(8) A description of the methods to be used to reuse,
deconstruct, or recover old carpet to ensure that the
products' components, to the extent feasible, are
transformed or remanufactured into finished products for
use.
(9) A description of the methods to be used to manage
or dispose of old carpet that is not eligible for carpet

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recovery or carpet reuse.
(10) A description of the promotion and outreach
activities and proposed budget that will be used to
encourage participation in the collection and carpet
recovery programs and how the activities' effectiveness
will be evaluated and the program modified, if necessary.
(11) A 3-year rolling performance goal, including an
estimate of the percentage of old carpet that will be
collected and managed through carpet reuse or carpet
recovery during each of the next 3 years of the
stewardship plan, with a minimum goal of achieving a 25%
carpet recovery rate in the pilot program counties
described in subsection (a) of Section 20 by December 31,
2028. The performance goals shall include a specific goal
for the amount of old carpet that will be collected and
managed through carpet recovery and carpet reuse during
each year of the plan.
(12) The representative organization shall achieve a
carpet recovery rate goal of 40% by December 31, 2031 for
the 3-year plan period beginning January 1, 2029.
(13) A discussion of the status of end markets for old
carpet and what, if any, additional end markets are needed
to improve the functioning of the program.
(14) A funding mechanism that demonstrates sufficient
producer funding to carry out the plan, including the
administrative, operational, and capital costs of

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implementing the plan, and payment of incentive payments
to carpet collectors, processors, and end use markets to
assist with the implementation of this Act.
(15) Annual budgets showing revenue and expenditure
projections for the current program year and projected for
the next 2 program years.
(16) A process by which the financial activities of
the representative organization that are related to the
implementation of the plan shall be subject to an annual
independent audit, conducted by a third party.
(17) A description of the educational program and
materials that shall be implemented and used to train
operators of collection sites on how to properly collect
old carpet and reduce contamination. Such program shall
include consumer education materials that shall be
distributed by retailers who sell new carpet in the areas
of the State described in subsection (a) of Section 20 at
the point of sale of new carpet. Such materials may
include the following: (i) notification to the consumer
that the cost of new carpet may incorporate producer
funding used to responsibly collect and dispose of old
carpet and (ii) general information about the carpet
stewardship pilot program, including information about the
collection sites, information about the collection
process, and contact information for key staff and
management of the representative organization.

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(18) At no time shall a collection site be subject to a
fine or extra charge for contamination by either the
representative organization or a carpet processor.
However, collection sites that continue to ship
contaminated old carpet to processors may be removed from
the stewardship program by the representative
organization.
(19) Baseline information, for the most current year
for which data is available, on the amount of square feet
and pounds of carpet sold in the pilot program counties,
by type of polymer or nonpolymer material used to make the
carpet.
(20) A discussion of the feasibility, cost, and
effectiveness of labeling the backside of new carpet with
the polymer type or nonpolymer material used to
manufacture the carpet to assist processors in more easily
identifying the type of old carpet collected for
processing.
(21) A description of the program that shall be
implemented to train carpet installers on how to properly
manage old carpet so that it is eligible to be managed
through carpet reuse or carpet recovery under this Act,
including, but not limited to, the development of videos
and written materials regarding the carpet recovery
program.
(b) An update to the plan shall be submitted, at a minimum,

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every 3 years, or if the representative organization
determines that a plan update is needed, prior to that time.
(c) If the representative organization determines that any
proposed significant changes or modifications to the plan or
its implementation are needed, within 30 days of that
determination the representative organization shall submit to
the Agency a written plan update for review and approval in
accordance with Section 30.
Section 30. Review and approval of the carpet stewardship
pilot program and plan updates.
(a) After receipt of a proposed plan or plan update, the
Agency shall determine whether the plan or plan update
complies with Section 25. If the Agency determines that the
plan or plan update complies with Section 25, the Agency shall
notify the representative organization of the plan or plan
update approval in writing within 90 days of receipt of the
plan or plan update. If the Agency determines that the plan or
plan update does not comply with Section 25, the Agency shall
notify the representative organization of the plan or plan
update rejection in writing within 90 days of receipt of the
plan or plan update and include the reasons why the plan or
plan update does not comply with Section 25. The
representative organization shall submit a revised plan to the
Agency within 60 days after receiving a notice of rejection.
Any proposed changes to a plan or plan update must be reviewed

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and approved by the Agency in accordance with this subsection.
(b) The plan and plan updates approved by the Agency shall
be placed on the Agency's website and made available at the
Agency's headquarters for public review in accordance with the
Freedom of Information Act.
Section 32. Implementation of the carpet stewardship pilot
plan. The representative organization shall implement the plan
components under subsection (a) of Section 25 upon approval of
the plan or plan update by the Agency under Section 30. The
representative organization shall monitor the implementation
of the plan and shall have the authority to require specific
action by its director and staff to meet the plan
implementation requirements under this Section.
Section 36. Collection of old carpet.
(a) No later than January 1, 2026, in any county with a
population of greater than 300,000 people, any installer
engaged in removing old carpet from a residence or business
shall transport, or contract to transport, all old carpet to a
representative organization-approved old carpet collection
site as defined in Section 10.
(b) Approved carpet collection sites as defined in Section
10 shall ensure that old carpet is collected in the prescribed
conditions required by the representative organization plan.
The conditions must also include, but are not limited to, the

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following requirements:
(1) Old carpet must be kept in a location that allows
it to remain dry at all times.
(2) Containers holding collected old carpet must be
free of all noncarpet discarded waste items.
(3) Prior to shipment to a processor, containers
holding discarded carpet must be filled to the following
minimum standards:
(A) Roll-off dumpsters shall be filled to a
minimum of 8 tons.
(B) Semitrailers shall be filled to a minimum of
13 tons.
(4) Approved collection sites must permit an approved
processor's prescribed container to be housed on site for
loading by the collector for pickup at the collection
site.
(c) Any approved collection site that has collected old
carpet as prescribed by the representative organization plan
and whose full container volume is not removed by a registered
processor upon 3 business days' electronic notice to the
processor stating that collected old carpet is ready for
removal may dispose of that container's contents in a
landfill.
Section 37. Economic support for approved carpet
collection sites. The representative organization program

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shall pay approved old carpet collection sites for costs,
services, and infrastructure improvements as follows:
(1) Reimbursement for reasonable costs, as
pre-approved by the clearinghouse, to adapt sites for old
carpet collection as required by this Act, including, but
not limited to, one-time costs for constructing the needed
structure to make the collection of carpet safe and
convenient, and to ensure adequate room to maneuver old
carpet collection equipment in such a manner so as not to
disrupt the normal flow of activity at the collection
site.
(2) A recovery fee equivalent to $20 per ton for all
old carpet collected that is subject to this Act and
loaded into trailers at the collector's site in accordance
with subsection (b) of Section 36.
(3) Approved carpet collection sites located at waste
transfer or waste disposal facilities permitted by the
Agency may, at their discretion, charge the generator of
such discarded carpet customary and proprietary collection
and disposal fees.
(4) Approved carpet collection sites may not charge a
processor any fee for removal of carpet discarded from the
collection site location.
(5) Economic support for approved carpet collectors
under this Section shall be reviewed by the representative
organization every 3 years as plans are submitted to the

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Agency.
Section 40. State action antitrust exemption.
(a) Except as provided in subsection (b), any action by a
representative organization or its members pursuant to this
Act is not a violation of the Illinois Antitrust Act, the
Uniform Deceptive Trade Practices Act, or the Consumer Fraud
and Deceptive Business Practices Act.
Each producer and the representative organization shall be
immune from liability for any claim of violation of antitrust
law or unfair trade practice if the conduct is a violation of
antitrust law or unfair trade practice law, to the extent the
producer or representative organization is exercising
authority under the provisions of this Act. Such immunity from
claims of antitrust violations and unfair trade practices
applies to all of the following:
(1) the creation, implementation, or management of a
carpet stewardship pilot program plan approved by the
Agency pursuant to Section 30 of this Act and the types or
quantities of carpet being recycled or otherwise managed
as described in this Act;
(2) the cost and structure of an approved carpet
stewardship pilot program plan;
(3) the establishment and administration of a carpet
stewardship pilot program funding as described in Section
45 of this Act.

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(b) Subsection (a) does not apply to an agreement that
does any of the following:
(1) fixes a price of carpet, except for any agreement
related to funding the carpet stewardship pilot program or
to a carpet stewardship pilot program plan submitted to
the Agency and otherwise in accordance with this Act;
(2) fixes the output of production of carpet; or
(3) restricts the geographic area in which, or the
customers to whom, carpet will be sold.
Section 45. Requirements applicable to producers.
(a) No later than January 1, 2024, producers of carpet
shall provide funding to the representative organization
sufficient to cover the administrative costs of establishing
the representative organization in calendar year 2024 and
annually thereafter to cover the costs of developing and
implementing the representative organization plan. The funding
mechanism:
(1) shall take into account the financial burden that
blended carpet, nylon carpet, PET carpet, polypropylene
carpet, and wool carpet have on the representative
organization program costs;
(2) shall be differentiated by the type of material,
recycling cost, recycling content, and other qualities
related to toxicity, resource use, and recyclability;
(3) shall ensure an equitable and efficient allocation

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of financial responsibility among producers; and
(4) shall be at a level sufficient to cover the annual
costs of the representative organization program, as
reported to the Agency in the representative organization
plan, and based on program metrics and outcomes; if the
Agency determines the level of funding from the producers
is not sufficient to cover the annual costs of the
representative organization program, the Agency may
request additional funding from the representative
organization.
(b) The amount that each producer pays to fund the
representative organization program on an annual basis shall
be considered proprietary information that is privileged or
confidential and shall not be disclosed to the representative
organization or the public. However, in order to determine if
each producer is paying its proper share, an independent
professional accounting firm shall be hired by the
representative organization to review the payments and verify
that the funding provided by each producer is in compliance
with the funding mechanism agreed to by the producers.
(c) Producers, working with the representative
organization, shall provide consumers with educational
materials to be provided to consumers at the point of sale
regarding the representative organization program. The
materials shall include information regarding available
end-of-life management options for old carpet offered through

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the carpet stewardship program, and may include additional
information as defined in subdivision (a)(18) of Section 20.
(d) Producers who sell carpet in this State shall register
with the representative organization by October 1, 2024 and
annually thereafter for as long as that producer sells carpet
in this State.
Section 50. Requirements applicable to retailers and
distributors.
(a) On and after January 1, 2026, no carpet may be sold in
this State unless the carpet's producer has registered with
the representative organization under subsection (d) of
Section 45.
(b) Any retailer or distributor may participate, on a
voluntary basis, as a designated collection point under a
product stewardship program and in accordance with applicable
law.
(c) No retailer or distributor shall be found to be in
violation of this Section if, on the date the carpet was
ordered from the producer or its agent, the producer was
registered on the representative organization's website in
accordance with this Act.
(d) Retailers shall provide consumers with educational
materials, developed by producers and the representative
organization, that shall include, but are not limited to, (i)
information regarding available end-of-life management options

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for old carpet, (ii) information notifying the consumer of the
importance of carpet recovery, (iii) information notifying the
customer that the cost of carpet is impacted by the costs of
the carpet stewardship program, and (iv) any other information
deemed applicable by the representative organization
consistent with paragraph (17) of subsection (a) of Section
25.
Section 55. Posting of information.
(a) Beginning March 1, 2026, and annually thereafter, the
representative organization shall post on its website the list
of carpet producers that registered with the representative
organization, in accordance with subsection (d) of Section 45.
(b) Beginning January 1, 2026, and annually thereafter,
for the benefit of assisting consumers who wish to find
collection sites for recovering carpet, the Agency shall post
on its website the location of all collection sites identified
to the Agency by the representative organization in its plans
and annual reports.
(c) Beginning May 1, 2027, and annually thereafter, the
Agency shall post on its website copies of the annual reports
required under Section 60.
Section 60. Annual carpet stewardship pilot program
reports. By April 1, 2027, and by April 1 of each year
thereafter, the representative organization shall submit a

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report to the Agency that includes, for the previous program
year, a description of the carpet stewardship pilot program,
including, but not limited to, the following:
(1) the amount of carpet sold by square feet and
pounds in the affected counties during the reporting
period by polymer type or nonpolymer material;
(2) a description of the methods used to collect,
transport, and process old carpet in the affected
counties, and a listing of the persons used to collect,
transport, and process old carpet;
(3) identification of all old carpet collection sites
in the pilot program counties and whether the requirement
of paragraph (3) of subsection (a) of Section 25 has been
met;
(4) the weight of all old carpet collected and managed
through carpet reuse or carpet recovery in the pilot
program counties, a comparison to the performance goals
and carpet recovery rates established in the
representative organization plan, and, if appropriate, an
explanation stating the reason or reasons performance
goals were not met;
(5) the weight of old carpet collected in the pilot
program counties but not eligible for carpet reuse or
carpet recovery and its ultimate disposition, and a
comparison to the performance goals in the representative
organization plan;

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(6) the total cost of implementing the representative
organization plan and a copy of the independent audit
regarding the financial activities of the representative
organization;
(7) a proposed budget for implementing the
representative organization plan in the subsequent
calendar year;
(8) an evaluation of the producers' funding mechanism
and its ability to properly fund the implementation of the
representative organization plan, including whether the
incentive payments to collectors, processors, and end
markets for managing carpet are adequate to ensure that
the old carpet can be carpet reused or carpet recovered
under the program;
(9) an identification of the facilities processing
carpet, the weight processed at each facility, and each
facility's processing capacity;
(10) an evaluation of the effectiveness of the
representative organization plan, and anticipated steps,
if needed, to improve performance; and
(11) samples of educational materials provided to
consumers and carpet installers, and an evaluation of the
effectiveness of the materials and the methods used to
disseminate the materials. The evaluation shall include,
but shall not be limited to, information on the number of
consumers and carpet installers that received or viewed

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the educational materials, and any consumer and carpet
installer survey data that may have been collected
regarding the educational materials used.
Section 65. Administrative fee.
(a) The representative organization shall remit to the
Agency an annual fee of $100,000 to be used for administrative
costs pursuant to this Act. This amount shall be included in
the annual budget for the representative organization plan.
The representative organization shall reimburse the
Comptroller for costs related to reviewing the annual carpet
stewardship program audits.
(b) The representative organization shall pay the Agency's
administrative fee under subsection (a) on or before January
1, 2026, and annually thereafter.
(c) The Agency shall deposit the fees collected under this
Section into the Solid Waste Management Fund.
Section 70. Enforcement.
(a) On and after January 1, 2026, no producer,
distributor, or retailer shall sell or offer for sale carpet
to any person in this State if the producer of the carpet is
not registered with the representative organization or has not
remitted adequate funding pursuant to Section 45.
(b) No retailer or distributor shall be found in violation
of the provisions of subsection (a) if, on the date the carpet

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was ordered from the producer or its agent, the producer was
listed on the representative organization's website in
accordance with the provisions of subsection (a) of Section
55.
(c) The Attorney General or the State's Attorney of the
affected counties in which the violation occurred are
authorized to seek a civil penalty in the amount of $5,000 per
day for each violation against any producer who violates the
registration requirements under subsection (d) of Section 45
or who fails to remit the funding under Section 45.
(d) The Attorney General or the State's Attorney of the
county in which the violation occurred are authorized to seek
a civil penalty in the amount of $5,000 per day for each
violation against any producer, distributor, or retailer who
sells or offers for sale carpet affected counties in this if
the producer of the carpet is not registered with the
representative organization under subsection (d) of Section 45
or has not remitted the required funding under Section 45.
(e) The penalties provided for in this Section may be
recovered in a civil action. Any penalties collected under
this Section in an action in which the Attorney General has
prevailed shall be deposited into the Environmental Protection
Trust Fund, to be used in accordance with the provisions of the
Environmental Protection Trust Fund Act.
(f) The State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the

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request of the Agency or on his or her own motion, institute a
civil action for an injunction, prohibitory or mandatory, to
restrain violations of this Act or to require such other
actions as may be to address violations of this Act.
(g) The State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his or her own motion, institute a
civil action for an injunction, prohibitory or mandatory, to
restrain violations of this Act, any rule or regulation
adopted under this Act, any permit or to require such other
actions as may be to address violations of this Act or any rule
or regulation adopted under this Act.
(h) Nothing in this Act prohibits a retailer or
distributor from selling its inventory of carpet existing
prior to January 1, 2026.
(i) Nothing in this Act mandates or otherwise requires and
nothing in the representative organization plan shall mandate
or otherwise require participation of the waste disposal
industry in the carpet stewardship program created by this
Act.
Section 95. Repeal. This Act is repealed on January 1,
2032.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

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