Bill Text: IL SB0102 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Creates the Plastic Bag and Film Recycling Act. Requires manufacturers of plastic carryout bags to register with the Illinois Environmental Protection Agency and pay to the Agency an initial registration fee and annual registration renewal fee. Prohibits a manufacturer from selling or offering to sell a plastic bag in the State unless its name is printed on the bag. Requires the manufacturers to develop an Agency-approved plan for the recycling of plastic carryout bags and plastic film product wrap. Prohibits, under certain circumstances, a retailer from purchasing plastic carryout bags for use or distribution in the State. Requires the Agency to post certain information on its website. Requires specified percentages of post-consumer recycled content in plastic carryout bags manufactured for use in the State. Specifies civil penalties for violations of the Act. Amends the State Finance Act to create the Plastic Bag Recycling Fund as a special fund in the State treasury. Provides that moneys in the Fund are to be used by the Agency to implement the Act and to carryout certain educational missions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0102 Detail]

Download: Illinois-2011-SB0102-Amended.html

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Sen. Terry Link

Filed: 3/11/2011

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AMENDMENT TO SENATE BILL 102
AMENDMENT NO. ______. Amend Senate Bill 102 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Plastic Bag and Film Recycling Act.
Section 5. Findings and purpose.
(a) The General Assembly finds all of the following:
(1) Senate Bill 303 of the 95th General Assembly, as
amended, became law in August of 2007 (effective January 1,
2008) and was referred to as the Plastic Bag Recycling Act
(P.A. 095-0268).
(2) The Plastic Bag Recycling Act required a Task Force
to be assembled to administer a pilot collection program
for plastic bags and plastic film within the confines of
Lake County, Illinois that would engage retail businesses
that operated stores of 10,000 square feet or greater to

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voluntarily participate in the pilot program, and, in May
of 2010, the Task Force submitted a report of the pilot
program findings to the Governor and the leadership of the
General Assembly.
(3) The Task Force findings referred to data contained
in the Illinois Commodity Waste Generation and
Characterization Study commissioned in 2008 by the
Illinois Department of Commerce and Economic Opportunity
which indicate that nearly 500,000 tons of plastic film
material is generated each year in Illinois that has a
potential market value of $100 million; however, 98.5% of
this plastic film is landfilled. The Study also found that
plastic grocery bags represent only about 15% of all
plastic film disposed of in Illinois landfills, which led
the Task Force to focus attention on not only the recovery
of plastic grocery bags, but also the recovery of plastic
film product wrap that is used to package numerous consumer
products.
(4) The Task Force concluded that the disposal of
plastic bags and film represents a tremendous waste of
non-renewable resources that can be recycled, but that lack
an adequate collection infrastructure, and that
participating retailers responded favorably overall to the
pilot program and intended to continue collecting plastic
bags from their customers with the majority of them
indicating that their overall costs to operate the

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collection program were minimal and were built into daily
operational procedures.
(5) Markets for plastic bags and film do exist, and, if
this material can be successfully diverted from final
disposal, it has the potential to conserve a non-renewable
resource by reusing it as a feedstock for new plastic bags
and plastic lumber, as well as for other beneficial uses.
In addition to conserving resources the recycling of
plastic bags and film reduces air, land, and water
pollution.
(6) The 2010 Recycling Economic Information Study
Update for Illinois estimates that the plastics industry
employs approximately 3,114 people in Illinois, generating
an annual payroll of $98,887,000, and, based on this data,
it is estimated that a statewide plastic bag and film
recycling program would generate over 300 jobs with an
estimated payroll of $9,500,000.
(7) The plastic bag industry has taken great strides in
promoting increased recycling of plastic bags in the State,
and this Act recognizes that continued and increased
responsibility of industry to support increased plastic
bag recycling is in the State's and the public's interests.
(8) A consistent and uniform statewide approach to
collecting, processing, and recycling plastic bags and
film is preferable to legislation enacted by local
jurisdictions that may conflict with this Act.

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(b) The purpose of this Act is to set forth the procedures
by which the collection and recycling of plastic bags and film
will be accomplished in Illinois.
Section 10. Definitions. As used in this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Consumer" means any person who makes a purchase at retail.
"Manufacturer" means a manufacturer of plastic carryout
bags used or distributed in Illinois.
"Percent post-consumer recycled content" means the
percentage of recycled plastic carryout bags, plastic film
product wrap, or both, that is present in a new plastic
carryout bag following an original use of the bag or wrap by a
consumer.
"Person" means any individual, partnership,
co-partnership, firm, company, corporation, association, joint
stock company, trust, estate, political subdivision, State
agency, or any other legal entity, or their legal
representative, agent, or assigns.
"Plastic carryout bag" means any polyethylene bag that is
provided to a consumer by a retailer at checkout.
"Plastic film product wrap" means a polyethylene wrap used
to cover, wrap, or otherwise package consumer goods, such as
paper towels, bathroom tissue, cases of sodas, diapers, and
other dry goods.

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"Recycling" means any process by which plastic carryout
bags, plastic film product wrap, or both, are collected and
processed and returned to the economic mainstream in the form
of raw materials or products. "Recycling" does not include
energy recovery or energy generation by means of combusting
plastic carryout bags and plastic film product wrap, and it
does not include any use within the permitted boundaries of a
municipal solid waste landfill unit.
"Retailer" means a person engaged in the business of making
sales at retail that generates occupation or use tax revenue.
Section 15. Registration and fee required.
(a) Beginning March 15, 2012, each manufacturer shall
register with the Agency annually and, at the time of
registration, shall pay an annual registration fee of $500 to
the Agency. Registrations and registration fees are due by
March 15th of the year for which they are submitted and shall
remain valid until March 15th of the following year. A
manufacturer shall not be considered registered until the
Agency receives a complete registration form, the required
registration fee, and the recycling plan. Registrations must be
submitted on forms and in a format prescribed by the Agency.
The Agency shall deposit all registration fees collected under
this Section into the Environmental Protection Permit and
Inspection Fund.
(b) No manufacturer shall sell or offer to sell plastic

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carryout bags for use or distribution in Illinois unless the
manufacturer is registered with the Agency and has paid the
required registration fee in accordance with subsection (a) of
this Section.
Section 20. Manufacturer label required. Beginning March
15, 2012, no manufacturer shall sell or offer to sell plastic
carryout bags in Illinois unless the name of the manufacturer
is printed on the bag so that the manufacturer's identity is
readily identifiable.
Section 25. Plastic carryout bag and plastic film product
wrap recycling plan.
(a) No later than March 15, 2012, each manufacturer shall
develop and thereafter maintain a plan for supporting the
collection and recycling of carryout plastic bags and plastic
film product wrap and shall submit a copy of the plan to the
Agency for posting to the Agency's website. Manufacturers may
develop and implement the plan individually, or jointly with
other manufacturers. The plan shall:
(1) describe the recycling program to be implemented
throughout the State, including collection locations,
events, or both;
(2) include a detailed description as to how the plan
will be implemented;
(3) describe the performance measures that will be used

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to document collection efforts for plastic carryout bags
and plastic film product wrap;
(4) include a public education plan on the reuse and
recycling of plastic carryout bags and plastic film product
wrap; and
(5) include the mailing address or email address of the
manufacturer for the submission of comments regarding the
plan.
(b) No later than April 15, 2012 or 30 days after receiving
the plan, whichever is later, the Agency shall post the plan on
its website. Within 30 days after the plan is posted on the
Agency's website, a person may provide written comments to the
manufacturer regarding the plan. The manufacturer whose plan is
commented on shall respond in writing to the person making the
comments within 30 days after receipt of the comments, and may
make revisions to the plan if appropriate. If a plan receives
no comments within the 30-day comment period it shall be
considered final after the comment period ends. If comments are
received on a plan it shall be considered final after the
comments have been responded to in writing by the manufacturer
and a revised plan, if applicable, has been submitted, no later
than June 15, 2012, to the Agency for posting on its website no
later than July 15, 2012.
(c) A manufacturer may prepare a revised plan and submit it
to the Agency, for posting on the Agency's website no later
than 30 days after receipt by the Agency, in response to

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changed circumstances or needs.
(d) Each manufacturer is responsible for all costs
associated with the development and implementation of its plan.
(e) By June 1, 2013 and by June 1 of each year thereafter,
each manufacturer shall submit a report to the Agency that
includes, for the previous calendar year, a description of the
manufacturer's collection and recycling program, including,
but not limited to, the collection locations for plastic
carryout bags and plastic film product wrap, the processing
locations for the collected plastic carryout bags and plastic
film product wrap, the weight in pounds of plastic carryout
bags and plastic film product wrap collected and processed for
recycling, the weight in pounds of plastic carryout bags the
manufacturer sold for use or distribution in Illinois, and
samples of the education materials provided to consumers.
Beginning with the annual report due June 1, 2015, the report
shall also state the amounts of pre-consumer recycled content
and post-consumer recycled content in the plastic carryout bags
the manufacturer sold for use or distribution in Illinois.
(f) A manufacturer shall conduct and document due diligence
assessments of any person with whom the manufacturer contracts
or arranges for any one or more of the following: a recycling
collection location; collection, processing or transportation
of plastic carryout bags or plastic film product wrap; or
recycling of plastic carryout bags and plastic film product
wrap.

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(g) A manufacturer may fulfill the requirements of this
Section either individually or in participation with other
manufacturers.
Section 30. Requirements applicable to retailers.
(a) Beginning April 15, 2012, no retailer shall purchase
plastic carryout bags for use or distribution in Illinois
unless the manufacturer of the bags is registered with the
Agency in accordance with Section 15.
(b) Beginning April 15, 2012, no retailer shall purchase
plastic carryout bags for use or distribution in Illinois
unless the bag manufacturer's plan is posted on the Agency's
website in accordance with Section 25.
(c) Beginning March 15, 2012, no retailer shall purchase
plastic carryout bags for use or distribution in Illinois
unless the name of the manufacturer is printed on the bag so
that the manufacturer's identity is readily identifiable.
(d) Beginning March 1, 2015, no retailer shall purchase
plastic carryout bags unless the bag is labeled and is
compliant with Section 40.
Section 35. Responsibilities of the Agency.
(a) Beginning April 15, 2012, for the benefit of assisting
consumers who wish to find collection locations for recycling
plastic bags, the Agency shall post on its website the location
of all collection sites identified to the Agency by

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manufacturers in their plans and annual reports.
(b) Beginning April 15, 2012, the Agency shall post on its
website the list of manufacturers that are registered in
accordance with Section 15.
(c) Beginning April 15, 2012, the Agency shall post on its
website the list of manufacturers for which the Agency has
received a plan in accordance with Section 25.
(d) Beginning September 1, 2013, the Agency shall post on
its website (i) the list of manufacturers for which the Agency
has received an annual report in accordance with Section 25,
and (ii) copies of the annual reports within 30 days after
receipt.
Section 40. Percent recycled content requirements.
(a) Beginning March 1, 2014, no manufacturer shall sell
plastic carryout bags for use or distribution in Illinois
unless each bag is labeled to identify the percent
post-consumer recycled content in the bag.
(b) Beginning March 1, 2015, no manufacturer shall sell
plastic carryout bags for use or distribution in Illinois
unless each bag includes at least 30% total recycled content,
of which at least 15% is pre-consumer recycled content and at
least 15% is post-consumer recycled content.
(c) Beginning with the annual report due in 2015 and
annually thereafter, each manufacturer shall include a
statement in the annual report submitted pursuant to subsection

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(e) of Section 25 that it has met the recycled content and
labeling requirements of this Section. Each manufacturer shall
meet the recycled content requirements of subsection (b) of
this Section unless the manufacturer can demonstrate in its
annual report that there was not a sufficient quantity of
pre-consumer or post-consumer plastic bags and film available
to meet the requirements. The Agency may require additional
information or documentation, from a manufacturer that informs
the Agency that it was unable to meet the recycled content
requirement, to determine compliance with this Section.
Section 50. Penalties. Any manufacturer or retailer who
violates any provision of this Act or fails to perform any duty
under this Act shall be liable for a civil penalty not to
exceed $1,000 and an additional civil penalty not to exceed
$100 per day for each day the violation continues. The
penalties provided for in this Section may be recovered in a
civil action brought in the name of the People of the State of
Illinois by the State's Attorney of the county in which the
violation occurred or by the Attorney General. Any funds
collected under this Section in an action in which the Attorney
General has prevailed shall be deposited in the Environmental
Protection Trust Fund, to be used in accordance with the
provisions of the Environmental Protection Trust Fund Act.
Section 55. Report to the General Assembly. No later than

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October 1, 2016, the Director of the Agency shall submit a
report to the General Assembly describing the results of the
plastic carryout bag and plastic film wrap collection and
recycling program on a statewide basis. The report shall also
contain recommendations regarding whether the program shall be
made permanent and any modifications to improve its function
and efficiency.
Section 99. Effective date. This Act takes effect upon
becoming law.".