Bill Text: IL SB0345 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Carpet Stewardship Act. Provides that the Director of the Environmental Protection Agency shall appoint specified members to a clearinghouse to administer and implement the 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 finance a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its carpet recycling and reuse, 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 reuse. Requires the clearinghouse to submit, by July 1, 2020 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-12-31 - Chief Sponsor Changed to Sen. Don Harmon [SB0345 Detail]

Download: Illinois-2021-SB0345-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0345 Introduced 2/19/2021, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
See Index
Creates the Carpet Stewardship Act. Provides that for all carpet sold in this State, producers shall, through a clearinghouse, implement and finance a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its reuse and recycling, and provides for negotiation and execution of agreements to collect, transport, process, and market the product for end-of-life carpet recycling and carpet reuse. Requires the clearinghouse to be incorporated as a nonprofit. Provides that the Illinois Environmental Protection Agency must approve the carpet stewardship plan for the plan to be valid. Establishes requirements for review of the plan, carpet stewardship assessments, and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Provides enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains other provisions. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Carpet
Stewardship Act.
Section 5. Findings and purpose. The General Assembly
finds that:
(1) Based on data contained in the Illinois Commodity
Waste Generation and Characterization Study, commissioned
in 2014 by the Illinois Department of Commerce and
Economic Opportunity, approximately 229,000 tons of carpet
and carpet padding are landfilled each year, 1.5% of the
total waste landfilled in this State.
(2) Old carpet and padding are currently being
recycled in this State at a carpet recycling rate
estimated to be less than 1%, compared to a 15.6% carpet
recycling rate for the fourth quarter of 2018 in
California, which has enacted Extended Producer
Responsibility legislation for carpet.
(3) Carpet recycling can be significantly expanded by
utilizing an Extended Producer Responsibility approach
which will lead to job creation through the collection,
processing, and marketing of old carpet and padding. In

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California, this approach has created approximately 150
direct jobs.
(4) According to the U.S. Environmental Protection
Agency, the carpet recycling of old carpet has a positive
impact on the reduction of greenhouse gases when compared
to the landfilling or incineration of old carpet, which
increases the generation of greenhouse gases.
Section 10. 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
commercial buildings or single or multifamily residential
buildings, (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

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commercial or residential broadloom carpet, modular carpet
tiles, and artificial turf. "Carpet" includes a pad or
underlayment used in conjunction with a carpet. "Carpet" does
not include handmade rugs, area rugs, or mats.
"Carpet recycling" 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
recycling" is further defined to include only those pounds of
old carpet that are an output of a recycling facility destined
for an end market or carpet reuse and is not meant to mean the
gross input pounds of old carpet accepted by a recycling
facility. "Carpet recycling" 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 recycling rate" means the percentage of old carpet
that is managed through carpet recycling or carpet reuse, as
defined by this Act, and is computed by dividing the amount of
old carpet that is collected and recycled or reused by the
total amount of old carpet that is generated over a program
year. To determine the annual carpet recycling 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

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back into the market for its original intended use, when the
old carpet retains its original purpose and performance
characteristics.
"Clearinghouse" means the entity incorporated as a
nonprofit within the meaning of 26 U.S.C. 501 representing
carpet producers, and other designated representatives who are
cooperating with one another to collectively establish and
operate an old carpet carpet recycling and carpet reuse
program for the purpose of complying with this Act.
"Clearinghouse plan" means a single, detailed plan
prepared by the clearinghouse 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
clearinghouse-approved collector to collect and temporarily
store old carpet as provided by this Act.
"Collector" means any public or private entity approved by
the clearinghouse that provides old carpet collection
services.
"Comptroller" means the Comptroller of the State of
Illinois.
"Consumer" means any person who makes a purchase at
retail.
"Distributor" or "wholesaler" means a person who buys or
otherwise acquires carpet from another source and sells or

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offers to sell that carpet to retailers in this State.
"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,
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 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 clearinghouse to prepare old carpet for reuse, recycling,
or disposal that uses industry recognized processes, such as
shredding, grinding, sheering, depolymerization, or other
methods recognized by the clearinghouse, to convert old carpet
into finished recycled output ready to be used as an input
material for secondary products.
"Producer" means a person who manufactures carpet that is
sold, offered for sale, or distributed in this State. Producer
includes any person who imports carpet into the United States

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that is sold, offered for sale, or distributed in this State
and that is manufactured by a person 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 this State that is
manufactured by a person other than the retailer.
"Program year" means a calendar year. The first program
year is 2021.
"PTT carpet" means carpet made from polytrimethylene
terephthalate.
"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,
or wholesaler, as those terms are defined in this Section.
"Roll-off dumpster" means a waste container that holds at
least 40 cubic yards or 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

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rests upon or is carried by another vehicle.
"Sorter" means a public or private entity approved by the
clearinghouse that performs the sorting of old carpet for
third-party reuse.
"Sorting" means the method used for sorting old carpet
into its various backing types or fiber types.
"Stewardship assessment" means the amount added to the
purchase price of carpet sold in this State that is necessary
to cover the cost of collecting, transporting, processing and
marketing old carpet by the clearinghouse pursuant to the
clearinghouse plan, and shall not be used to pay for any fines
or penalties levied pursuant to this Act or for the final
disposal or incineration of old carpet.
"Wool carpet" means carpet made from wool.
Section 15. Formation, duties and powers of the
Clearinghouse.
(a) To administer the carpet stewardship program a
clearinghouse shall be incorporated as a nonprofit, and shall
consist of the following members, to be appointed by the
Director of the Agency:
(1) one individual who is a representative of a
statewide association representing retailers;
(2) two individuals who are representatives of carpet
producers;
(3) one individual who is a representative of a

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national association representing manufacturers of carpet;
(4) two individuals who are representatives of carpet
recyclers;
(5) two individuals who are representatives of a
statewide association representing waste disposal
companies;
(6) two individuals who are representatives of
environmental organizations;
(7) two individuals who are representatives of county
or municipal joint action agency waste management
programs;
(8) one individual who is a representative of a
company that utilizes old carpet to manufacture a new
product, not including new carpet; and
(9) one individual who is a representative of an
association representing installers of carpet.
(b) Members of the clearinghouse shall serve without
compensation but shall be reimbursed for travel expenses with
proceeds from the stewardship assessment, and the Agency shall
be responsible for monitoring these expenses. Members shall
serve on the clearinghouse until a successor is appointed and
qualified.
(c) The clearinghouse's duties include, but are not
limited to:
(1) preparing the clearinghouse plan, and any required
amendments, in compliance with this Act;

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(2) implementing the clearinghouse plan;
(3) approving collectors, sorters, and processors to
provide services under this Act;
(4) creating and administering a grant program to
assist in subsidizing the costs to collect, process, or
market old carpet for carpet reuse or carpet recycling;
(5) being responsible for meeting the performance
goals specified by this Act;
(6) submitting annual program reports as required by
this Act;
(7) submitting to the Agency in the clearinghouse plan
any increases or decreases in the stewardship assessment;
and
(8) overseeing an annual audit of the carpet
stewardship program's revenues and expenditures, and
reporting those findings to the Comptroller.
(d) The clearinghouse may hire a director and necessary
staff, and may organize itself into committees to implement
this Act, which shall be funded by the stewardship assessment.
The Agency shall monitor these expenses.
Section 20. Carpet stewardship program and sale
requirement.
(a) For all carpet sold in this State, the clearinghouse
shall implement and finance a statewide carpet stewardship
program that: manages carpet by reducing its waste generation;

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promotes its carpet recycling and carpet reuse; and provides
for negotiation and execution of agreements to collect,
transport, process, or market the old carpet for end-of-life
carpet recycling or carpet reuse.
(b) On and after January 1, 2021, a producer or
distributor that offers carpet for sale in this State is not in
compliance with this Act and is subject to penalties under
Section 70 if the carpet stewardship assessment fee is not
added to the purchase price of the carpet offered for sale
pursuant to Section 35.
Section 25. Clearinghouse plan.
(a) By July 1, 2020 and by July 1 every 3 years thereafter,
beginning with program year 2021, the clearinghouse shall
submit a 3-year plan to the Agency and receive approval of the
plan. The clearinghouse plan shall include, at a minimum, each
of the following:
(1) Certification that the carpet stewardship 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 clearinghouse, designation of a program
manager responsible for administering the program in this
State, a list of all producers participating in the carpet
stewardship program, and the brands covered by the product

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stewardship program.
(3) A description of the methods by which old carpet
will be collected in this State, including an explanation
of how the collection system will achieve a convenience
standard of having collection sites in all counties with a
population density of greater than or equal to 100
individuals per square mile in this State by January 1,
2021 for program year 2021, and all counties with a
population density of greater than or equal to 50
individuals per square mile for program year 2022 and
thereafter.
(4) An evaluation, beginning with the second
three-year plan submitted by July 1, 2023, of the
feasibility and cost of expanding the convenience standard
to at least one collection site in 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 clearinghouse
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 recycling and processing.

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(8) A description of the methods to be used to reuse,
deconstruct, or recycle 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 cannot be carpet recycled or
carpet reused.
(10) A description of the promotion and outreach
activities and proposed budget that will be used to
encourage participation in the collection and carpet
recycling programs and how the activities' effectiveness
will be evaluated and the program modified, if necessary.
(11) Evidence of adequate insurance or financial
assurance for any person that may be involved in
collection, handling, or disposal operations.
(12) A 3-year rolling performance goal, including an
estimate of the percentage of old carpet that will be
collected, carpet reused, and carpet recycled during each
of the next 3 years of the stewardship plan, with a minimum
goal of achieving a 25% carpet recycling rate by December
31, 2023. The performance goals shall include a specific
goal for the amount of old carpet that will be collected,
carpet recycled, and carpet reused during each year of the
plan. The performance goals must be based on:
(A) the most recent collection data available for

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this State;
(B) the estimated amount of old carpet disposed of
annually;
(C) the weight of the old carpet that is expected
to be available for collection annually; and
(D) actual collection data from other existing
carpet stewardship programs.
The clearinghouse plan must state the methodology used
to determine these goals. By March 1, 2023, the
clearinghouse shall establish a recycling rate goal for
the 3-year plan period beginning January 1, 2024.
Thereafter, the clearinghouse shall establish a carpet
recycling rate goal for each subsequent 3-year plan period
by March 1 of the calendar year preceding the first year of
that 3-year plan period.
(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 discussion of carpet design and manufacturing
changes that the producers are considering or have
implemented in order to reduce toxicity, water use, or
energy use associated with the production of carpet and
efforts to increase the recycled content, recyclability,
or carpet longevity.
(15) A funding mechanism consistent with Section 35
that demonstrates sufficient funding to carry out the

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plan, including the administrative, operational, and
capital costs of the plan, and payment of incentive
payments to carpet collectors, processors, and end use
markets to assist with the implementation of this Act.
(16) Annual budgets showing revenue and expenditure
projections for the current program year and projected for
the next 2 years of the program.
(17) A process by which the financial activities of
the clearinghouse that are related to the implementation
of the plan shall be subject to an annual independent
audit, which shall be reviewed by the Comptroller.
(18) A description of an 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. At no time shall a
collection site be subject to a fine or extra charge for
contamination by either the clearinghouse 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 clearinghouse.
(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 this State, by type of polymer
or non-polymer material used to make the carpet.
(20) A discussion of the feasibility, cost, and
effectiveness of labeling the backside of new carpet with

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the polymer type or non-polymer 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 can be carpet reused or carpet
recycled pursuant to this Act, including, but not limited
to, the development of videos and written materials
regarding the carpet recycling program.
(b) An update to the plan shall be submitted, at a minimum,
every 3 years, or if the Agency determines that a plan update
is needed, prior to the minimum of once every 3 years.
(c) The clearinghouse shall notify the Agency within 30
days of any significant changes or modifications to the plan
or its implementation. Within 30 days of the notification, a
written plan revision shall be submitted to the Agency for
review and approval.
Section 30. Review and approval of the clearinghouse plan
and plan updates.
(a) Within 90 days after receipt of the proposed plan or
plan update, the Agency shall determine whether the plan or
plan update complies with Section 25. If the Agency approves a
plan or plan update, the Agency shall notify the clearinghouse
of the plan approval in writing within 14 days of receipt. If

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the Agency rejects a plan or plan update, the Agency shall
notify the clearinghouse in writing of the reasons for
rejecting the plan within 14 days of receipt. The
clearinghouse shall submit a revised plan to the Agency within
60 days after receiving notice of rejection. Any proposed
changes to a plan or plan update must be approved by the Agency
in writing.
(b) The clearinghouse 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
within 30 days of the Agency's approval.
Section 32. Implementation of clearinghouse plan. The
clearinghouse shall implement the clearinghouse plan
components under subsection (a) of Section 25 upon approval of
the clearinghouse plan or plan update by the Agency under
Section 30. The Agency shall monitor the clearinghouse's
implementation of the clearinghouse plan and shall have the
authority to require specific action by the clearinghouse to
meets its clearinghouse plan implementation requirements under
this Section.
Section 35. Carpet stewardship assessment.
(a) On and after January 1, 2020 a producer of carpet shall
add a carpet stewardship assessment fee of 4 cents per square
foot to the purchase price of nylon carpet, polypropylene

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carpet, and wool carpet, and 6 cents per square foot to the
purchase price of PET carpet, PTT carpet, and blended carpet
sold in this State by that producer. The assessment added
under this Section shall be remitted by the producer on a
quarterly basis to the clearinghouse. The amount each producer
pays in assessments shall be considered proprietary
information that is privileged or confidential and shall not
be disclosed to the clearinghouse or the public. However, in
order to determine if each producer is paying the proper
assessments, an independent professional accounting firm shall
be hired by the clearinghouse to review and verify the
quarterly square foot sales data by carpet type provided by
each producer and the quarterly payments remitted to the
clearinghouse by each producer.
(b) Notwithstanding any provision of law to the contrary,
the assessment established under this Section is exempt from
taxes imposed by the Illinois Department of Revenue and shall
meet both of the following requirements:
(1) The assessment shall be added by the producer to
the purchase price of all carpet sold by producers to an
Illinois retailer or distributor or otherwise sold for use
in this State. Retailers and distributors shall have at
least 120 calendar days after the date the carpet is sold
to provide producers with the assessment. The assessment
shall be clearly visible on all invoices or functionally
equivalent billing documents as a separate line item and

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shall be accompanied by a brief description of the
assessment.
(2) Each retailer and distributor shall add the
assessment to the purchase price of all carpet sold in
this State. The assessment shall be clearly visible on all
invoices or functionally equivalent billing documents as a
separate line item and shall be accompanied by a brief
description of the assessment.
(c) It is the intent of the General Assembly that the
amount of the assessment fee be reduced by the clearinghouse
as the carpet stewardship program is implemented over time and
becomes more efficient.
(d) If the amount of the assessment is too low to properly
fund the carpet stewardship program the clearinghouse may
adopt rules increasing the assessment fee, which must be
approved by the Joint Committee on Administrative Rules prior
to the fee being increased.
(e) The assessment shall be lowered if at any time the fee
generates a fund balance at the end of a program year that is
greater than one year's operating costs of the carpet
stewardship program. If a fund balance greater than one year's
operating cost is reached, the clearinghouse shall adopt rules
decreasing the assessment fee, which must be approved by the
Joint Committee on Administrative Rules prior to the fee being
decreased.
(f) The assessment fee shall be deposited by the

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clearinghouse into an Illinois chartered bank, and if for any
reason this Act is repealed, the entire assessment fund
balance shall be transferred by the clearinghouse to the State
of Illinois to be deposited into the Solid Waste Management
Fund.
Section 36. Collection of discarded carpet.
(a) No later than June 1, 2023, in any county with a
population of greater than 200,000 people, any installer
engaged in removing old carpet from a residence or business
must transport, or contract to transport, all old carpet to a
clearinghouse-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 clearinghouse plan. The conditions
must also include, but are not limited to, the following
requirements:
(1) Discarded 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 non-carpet discarded waste items.
(3) Prior to shipment to a recycler, containers
holding discarded carpet must be filled to the following
minimum standards:
(A) Roll off dumpsters shall be filled to a

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minimum of 8 tons.
(B) Semitrailers shall be filled to a minimum of
13 tons.
(4) Approved collection sites must permit an approved
recycler'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 clearinghouse plan and whose full
container volume is not removed by a registered recycler upon
3-business day's electronic notice to the recycler stating
that collected old carpet is ready for removal may dispose of
that container's contents in a landfill. For purposes of this
Act, old carpet collected by a clearinghouse certified entity
at a regulated waste transfer station or landfill shall not be
considered as being stored under the terms of any applicable
waste disposal permit, and shall not impact the status of an
existing waste disposal permit, until the seventh business day
after electronic notice has been given to the recycler stating
that collected old carpet is ready for removal.
Section 37. Economic support for approved carpet
collection sites. The clearinghouse shall use revenues from
the carpet stewardship assessment fee to pay approved old
carpet collection sites for costs, services, and
infrastructure improvements as follows:

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(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 to not
disrupt the normal flow of activity at the collection
site.
(2) A recovery fee equivalent to $20.00 per ton for
all 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 every 3 years as
clearinghouse plans are submitted to the Agency.
Section 40. State action antitrust exemption. Each

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producer and the clearinghouse 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, to the
extent the producer or clearinghouse is exercising authority
under the provisions of this Act.
Section 45. Requirements applicable to producers.
(a) On and after January 1, 2020, a producer of carpet
shall add the stewardship assessment, as established in
Section 35, to the cost of carpet sold to retailers and
distributors in this State by the producer.
(b) Producers, working with the clearinghouse, shall
provide consumers with educational materials regarding the
stewardship assessment and carpet stewardship program as
required by paragraph (1) of subsection (b) of Section 35 of
this Act. The materials shall include, but are not limited to,
(i) information regarding available end-of-life management
options for old carpet offered through the carpet stewardship
program and (ii) information that notifies the consumers that
a charge for the operation of the carpet stewardship program
is included in the purchase price of carpet sold in this State.
(c) Producers who sell carpet in this State shall register
with the Agency by January 1, 2020 and annually thereafter for
as long as that producer sells carpet in this State.
Section 50. Requirements applicable to retailers and

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distributors.
(a) On and after January 1, 2020, no carpet may be sold in
this State unless the carpet's producer has registered with
the Agency under subsection (c) of Section 45.
(b) Any retailer or distributor may participate, on a
voluntary basis, as a designated collection point pursuant to
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 Agency's website in accordance with this
Act.
(d) Retailers shall provide consumers with educational
materials, developed by producers and the clearinghouse, that
shall include, but are not limited to, information that (i)
regards available end-of-life management options for old
carpet, and (ii) notifies the consumer that a charge for the
operation of the stewardship program is included in the
purchase price of carpet sold in the State.
Section 55. Requirements applicable to the Agency.
(a) Beginning March 1, 2020, and annually thereafter, the
Agency shall post on its website the list of carpet producers
that registered with the Agency, in accordance with subsection
(c) of Section 45.

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(b) Beginning January 1, 2021, and annually thereafter,
for the benefit of assisting consumers who wish to find
collection sites for recycling carpet, the Agency shall post
on its website the location of all collection sites identified
to the Agency by the clearinghouse in its plans and annual
reports.
(c) The Agency shall post on its website the plan as
approved by the Agency and any subsequent updates within 30
days of approval pursuant to Section 30.
(d) Beginning May 1, 2022, and annually thereafter, the
Agency shall post on its website copies of the annual reports.
Section 60. Annual stewardship reports.
(a) By April 1, 2022, and by April 1 of each year
thereafter, the clearinghouse shall submit a report to the
Agency that includes, for the previous program year, a
description of the carpet stewardship program, including, but
not limited to, the following:
(1) the amount of carpet sold by square feet and
pounds in this State during the reporting period by
polymer type or non-polymer material, including a separate
reporting of the amount of carpet sold in this State for
which the carpet stewardship assessment was collected;
(2) a description of the methods used to collect,
transport, and process old carpet in regions of this
State, and a listing of the persons used to collect,

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transport, and process old carpet;
(3) identification of all old carpet collection sites
in this State 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 carpet
reused or carpet recycled in all regions of this State, a
comparison to the performance goals and carpet recycling
rates established in the clearinghouse plan, and, if
appropriate, an explanation stating the reason or reasons
performance goals were not met;
(5) the weight of old carpet collected in this State
but not carpet reused or carpet recycled and its ultimate
disposition, and a comparison to the performance goals in
the clearinghouse plan;
(6) the total cost of implementing the clearinghouse
plan and a copy of the independent audit regarding the
financial activities of the clearinghouse;
(7) a proposed budget for implementing the
clearinghouse plan in the subsequent calendar year;
(8) an evaluation of the funding mechanism and its
ability to properly fund the implementation of the
clearinghouse 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 recycled under the program;
(9) identification of the facilities processing

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carpet, the weight processed at each facility, and each
facility's processing capacity;
(10) an evaluation of the effectiveness of the
clearinghouse plan, and anticipated steps, if needed, to
improve performance;
(11) a discussion of progress made toward achieving
carpet design changes according to paragraph (14) of
subsection (a) of Section 25; and
(12) 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
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 clearinghouse shall pay the Agency an annual
administrative fee of $200,000 which may be paid for from
revenue from the carpet stewardship assessment.
(b) The clearinghouse shall pay the Agency's
administrative fee under subsection (a) on or before January
1, 2021, and annually thereafter.
(c) The Agency shall deposit the fees collected under this

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Section into the Solid Waste Management Fund.
Section 70. Enforcement.
(a) On and after January 1, 2020, 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 Agency pursuant to subsection (c) of
Section 45 or has not remitted the assessment pursuant to
Section 35.
(b) No retailer or distributor shall be found in violation
of the provisions of subsection (a) if, on the date the carpet
was ordered from the producer or its agent, the producer was
listed on the Agency's website in accordance with the
provisions of subsection (a) of Section 55.
(c) The Attorney General or State's Attorney may request,
and a Court may impose, after providing notice and opportunity
to be heard, a civil penalty in the amount of $5,000 per day
per violation against any producer who violates the
registration requirements under subsection (c) of Section 45
or who fails to remit the assessment under Section 35.
(d) Nothing in this Act prohibits a retailer or
distributor from selling their inventory of carpet existing
prior to January 1, 2020.
(e) 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

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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 Trust Fund Act.
(f) Nothing in this Act mandates or otherwise requires and
nothing in the clearinghouse plan shall mandate or otherwise
require participation of the waste disposal industry in the
carpet stewardship program created by this Act.
Section 75. State procurement of carpet. Beginning on
January 1, 2022, at least 35% of carpet purchased by State
agencies shall be carpet with a minimum of 10% post-consumer
recycled content by weight from old carpet and comply with the
National Science Foundation/American National Standards
Institute (NSF/ANSI) 140-2009 Standard, Platinum Level or the
most current version in effect as provided by the American
National Standards Institute. The carpet shall be purchased
from a carpet producer with a third party certified closed
loop recycling facility. Thereafter, those purchases shall
increase by a rate of 10% per year until it reaches 75%. Prior
to January 1, 2022, the clearinghouse shall provide a report
to the Illinois Department of Central Management Services on
the other types of products that contain recycled carpet as a
feedstock that the State should consider purchasing.
Section 99. Effective date. This Act takes effect upon

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becoming law.
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INDEX
Statutes amended in order of appearance