Bill Text: IL SB3953 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Plastic Pollution and Recycling Modernization Act. Provides that producers of specified covered products must register with and be a member of a producer responsibility organization that administers a producer responsibility program. Requires producer responsibility organizations to work with recycling system participants in order to ensure that covered products collected by a recycling collection service are recycled by responsible end markets applying to specified covered products. Exempts small producers from the requirement to be a member of a producer responsibility organization. Requires producer responsibility organizations to submit to the Environmental Protection Agency a plan for the development and implementation of a producer responsibility program with specified requirements. Provides that producer responsibility organizations shall establish a schedule of membership fees to be paid by members of the organization. Provides that producer responsibility organizations must submit to the Agency for approval by the Agency an annual report on the development, implementation, and operation of the producer responsibility program. Contains provisions regarding compensation to units of local government and unit of local government service providers. Establishes the Illinois Recycling System Advisory Council to perform specified duties. Creates the Producer Responsibility Fund and the Waste Prevention and Reuse Fund and makes conforming changes in the State Finance Act. Provides that specified moneys shall be deposited into the Funds. Establishes the Truth in Labeling Task Force to study and evaluate misleading or confusing claims regarding the recyclability of products made on a product or product packaging. Contains other provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-12-31 - Chief Sponsor Changed to Sen. Don Harmon [SB3953 Detail]

Download: Illinois-2021-SB3953-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3953 Introduced 1/21/2022, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
See Index
Creates the Plastic Pollution and Recycling Modernization Act. Provides that producers of specified covered products must register with and be a member of a producer responsibility organization that administers a producer responsibility program. Requires producer responsibility organizations to work with recycling system participants in order to ensure that covered products collected by a recycling collection service are recycled by responsible end markets applying to specified covered products. Exempts small producers from the requirement to be a member of a producer responsibility organization. Requires producer responsibility organizations to submit to the Environmental Protection Agency a plan for the development and implementation of a producer responsibility program with specified requirements. Provides that producer responsibility organizations shall establish a schedule of membership fees to be paid by members of the organization. Provides that producer responsibility organizations must submit to the Agency for approval by the Agency an annual report on the development, implementation, and operation of the producer responsibility program. Contains provisions regarding compensation to units of local government and unit of local government service providers. Establishes the Illinois Recycling System Advisory Council to perform specified duties. Creates the Producer Responsibility Fund and the Waste Prevention and Reuse Fund and makes conforming changes in the State Finance Act. Provides that specified moneys shall be deposited into the Funds. Establishes the Truth in Labeling Task Force to study and evaluate misleading or confusing claims regarding the recyclability of products made on a product or product packaging. 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
Plastic Pollution and Recycling Modernization Act.
Section 5. Findings. The General Assembly finds that:
(1) It is necessary to adopt a policy that will
minimize unintended consequences, such as the
deterioration of natural systems regionally and worldwide,
as well as increased levels of pollution and greenhouse
gas emissions that contribute to global climate change and
reductions in human well-being, especially for the most
vulnerable populations, across the entire life cycle of
products and that will require producers of packaging and
printed paper sold or distributed in Illinois to help
finance the management of, and ensure an environmentally
sound stewardship program for, their products.
(2) It is the State of Illinois's policy to prioritize
practices that prevent and reduce the negative
environmental, social, economic, and health impacts of
production, consumption, and end-of-use management of
products and packaging across their life cycles, and that
it is the obligation of producers to share in the

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responsibility to reduce those impacts.
Section 10. Definitions. In this Act:
"Agency" means the Environmental Protection Agency.
"Brand" means any mark, word, name, symbol, design,
device, or graphical element, or a combination thereof,
including a registered or unregistered trademark, that
identifies a product and distinguishes the product from other
products.
"Commingled recycling" means the recycling or recovery of
2 or more materials that are mixed together and that generally
would be separated into individual materials at a commingled
recycling processing facility in order to be marketed.
"Commingled recycling processing facility" means a
facility that:
(1) receives source separated commingled recyclable
materials that are collected, commingled, from a
collection program providing the opportunity to recycle;
and
(2) separates the recyclable materials described in
paragraph (1) into marketable commodities or streams of
materials that are intended for use or further processing
by others.
"Commingled recycling processing facility" does not
include any of the following:
(1) Scrap metal recycling facilities.

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(2) Scrap automotive or appliance recycling
facilities.
(3) Recycling facilities handling covered electronic
devices.
(4) Recycling processing facilities that process only
noncommingled, source separated recyclable material from
commercial entities.
(5) Recycling processing facilities that recover
commingled recyclable material primarily from the
construction and demolition debris waste stream.
(6) Recycling depots.
(7) Recycling reload facilities.
(8) Limited sort facilities, as defined by rule by the
Agency.
"Contaminant" means:
(1) a material set out for recycling collection that
is not properly prepared and on the list of materials
accepted for recycling collection by a recycling
collection program; or
(2) a material shipped to a recycling end market that
is not accepted or desired by that end market.
"Contamination" means the presence of one or more
contaminants in a recycling collection or commodity stream in
an amount or concentration that negatively impacts the value
of the material or negatively impacts a processor's ability to
sort that material.

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"Covered electronic device" means:
(1) a computer monitor of any type having a viewable
area greater than 4 inches measured diagonally;
(2) a desktop computer or portable computer;
(3) a television;
(4) a computer peripheral; or
(5) a printer.
"Covered product" means any of the following:
(1) Packaging.
(2) Printing and writing paper.
(3) Food serviceware.
"Covered product" does not include the following:
(1) A beverage container.
(2) Bound books.
(3) Napkins, paper towels, or other paper intended to
be used for cleaning or the absorption of liquids.
(4) Rigid pallets used as the structural foundation
for transporting goods lifted by a forklift, pallet jack,
or similar device.
(5) Specialty packaging items that are used
exclusively in industrial or manufacturing processes,
including, but not limited to:
(A) cores and wraps for rolls of packaging sold by
a mill to a packaging converter or food processor; and
(B) trays, whether designed for a single use or
multiple uses, used for the transport of component

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parts from a parts supplier to a manufacturer that
assembles those parts.
(6) Liquefied petroleum gas containers that are
designed to be refilled.
(7) A material that the producer demonstrates is
exempt under subsection (m) of Section 20.
(8) Pallet wrap or similar packaging used to secure a
palletized load if added by a person that is not the
producer of the palletized covered products.
(9) Packaging related to containers for architectural
paint that has been collected by a producer responsibility
organization.
(10) Any item that is not ultimately discarded inside
this State, whether for purposes of recovery or disposal.
(11) Items sold on a farm or used on a farm, including
items used for farm use or for processing on a farm,
provided that an item used on a farm is not subsequently
sold at a retail establishment that is not located on a
farm.
(12) Items used by a nursery dealer with a valid
nursery dealer's certificate issued by the Department of
Agriculture under Section 7 of the Insect Pest and Plant
Disease Act that generates the majority of the nursery
dealer's revenue through the sale of nursery stock, as
defined in Section 2 of the Insect Pest and Plant Disease
Act, provided that the items are not sold through retail

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sales.
(13) Packaging and paper products sold or supplied in
connection with any of the following:
(A) Prescription drugs.
(B) Nonprescription drugs.
(C) Drugs marketed under a brand name.
(D) Drugs marketed under a generic name.
(14) Packaging and paper products sold or supplied in
connection with drugs that are used for animal medicines,
including, but not limited to, parasiticide drugs for
animals.
(15) Packaging and paper products sold or supplied in
connection with any of the following:
(A) Infant formula as defined in 21 U.S.C. 321(z).
(B) Medical food as defined in 21 U.S.C.
360ee(b)(3).
(C) Fortified oral nutritional supplements used
for individuals who require supplemental or sole
source nutrition to meet nutritional needs due to
special dietary needs directly related to cancer,
chronic kidney disease, diabetes, malnutrition, or
failure to thrive, as those terms are defined as by the
International Classification of Diseases, Tenth
Revision, or other medical conditions as determined by
the Agency.
(16) Wine and spirit containers for which a refund

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value is established under Illinois law.
(17) Packaging for products:
(A) that are required under State or other federal
regulation pertaining to toxic or hazardous materials
to state on the label or container that the packaging
should not be recycled or should be disposed of in a
manner other than recycling; or
(B) identified by the Agency by rule as a product
that is required by law to state on the label or
container that the packaging should not be recycled or
should be disposed of in a manner other than
recycling.
(18) Any other material, as determined by the Agency
by rule, after consultation with the Illinois Recycling
System Advisory Council.
"Food serviceware" means paper or plastic plates, wraps,
cups, bowls, pizza boxes, cutlery, straws, lids, bags,
aluminum foil, clamshells, or similar containers that are:
(1) generally intended for single use; and
(2) sold to a retailer or a dine-in food establishment
or a take-out food establishment, regardless of whether
the item is used to prepackage food for resale, is filled
on-site for food ordered by a customer or is resold as is.
"Large producer" means a producer that is among the 25
largest producers of covered products based on market share.
"Licensee" means a person who is licensed by a brand and

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manufactures a covered product or a packaged item under that
brand.
"Litter" means waste that is improperly placed so as to be
a nuisance or an aesthetic, health, or environmental concern.
"Market share" means a producer's percentage of all
covered products sold in or into this State during a specified
time period, as calculated in accordance with methods
established by the Agency by rule.
"Mechanical recycling" means a form of recycling that does
not change the basic molecular structure of the material being
recycled.
"Nonprofit organization" means an organization or group of
organizations described in Section 501(c)(3) of the Internal
Revenue Code that is exempt from income tax under Section
501(a) of the Internal Revenue Code.
"Packaging" means:
(1) materials used for the containment or protection
of products, including, but not limited to, paper,
plastic, glass, or metal or a mixture thereof;
(2) single-use bags, including, but not limited to,
shopping bags; and
(3) nondurable materials used in storage, shipping, or
moving, including, but not limited to, packing materials,
moving boxes, file boxes, and folders.
"Packaging" does not include:
(1) food serviceware; or

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(2) sharps.
"Printing and writing paper" includes, but is not limited
to, newspaper, magazines, flyers, brochures, booklets,
catalogs, telephone directories, and paper used for copying,
writing, or other general use.
"Processor" means a person who owns or operates a
commingled recycling processing facility.
"Producer" means a person that is determined to be the
producer of a covered product under Section 15.
"Producer responsibility organization" means a nonprofit
organization established by a producer or group of producers
to administer a producer responsibility program.
"Producer responsibility program" means a statewide
program for the responsible management of covered products
that is administered by a producer responsibility organization
pursuant to a plan approved by the Agency under Section 35.
"Recycling collection" means the act or process of
gathering recyclable materials by any of the following:
(1) On-route residential collection from the generator
at the place of generation.
(2) On-site nonresidential collection from the
generator at the place of generation.
(3) Multifamily on-route residential collection from
each multifamily dwelling that has 5 or more units.
(4) Recycling depots at a disposal site or another
designated location that is more convenient to the

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population being served, and expanded depots.
(5) Other collection methods included in an approved
producer responsibility program plan.
"Recycling depot" means a location where recyclable
materials are accepted from the public or commercial
businesses and transported to a location for processing or to
an end market.
"Recycling reload facility" means a facility other than a
recycling depot where recyclable materials are received,
consolidated, and made ready for transport to another location
for processing or to a responsible end market.
"Recycling system" means all aspects of the programs and
participants that have a role in Illinois' statewide recycling
structure, including producers of products sold in or into
Illinois, generators of recyclable materials, governments that
regulate materials management programs, businesses that
collect and process recyclable materials, and persons who
receive recyclable materials to convert to new feedstock or
products.
"Responsible end market" means a materials market in which
the recycling or recovery of materials or the disposal of
contaminants is conducted in a way that benefits the
environment and minimizes risks to public health and worker
health and safety.
"Responsible management" means the handling, tracking, and
disposition of covered products from the point of collection

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through the final destination of the collected material in a
way that benefits the environment and minimizes risks to
public health and worker health and safety.
"Responsible recycling" means the handling of covered
products for recycling and removal of contaminants by a
certified or permitted processor and disposition to a
responsible end market.
"Sharps" includes needles, IV tubing with needles
attached, scalpel blades, lancets, glass tubes that could be
broken during handling and syringes that have been removed
from their original sterile containers.
"Small producer" means a producer that:
(1) is a nonprofit organization;
(2) is a public body;
(3) has a gross revenue of less than $5 million for the
organization's most recent fiscal year;
(4) sold in or into Illinois less than one metric ton
of covered products for use in this State in the most
recent calendar year;
(5) is a manufacturer of a beverage sold in a beverage
container that sold in or into Illinois less than 5 metric
tons of covered products, including, but not limited to,
secondary and tertiary packaging for beverage containers,
for use in this State in the most recent calendar year;
(6) is:
(A) a restaurant, food cart, or similar business

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establishment that primarily sells to members of the
public food that is generally intended to be consumed
immediately and without the need for further
preparation, either on or off the premises; and
(B) is not a producer of food serviceware as
described in Section 15; or
(7) operates a single retail sales establishment, has
no online sales, and is not supplied or operated as part of
a franchise or a chain.
"Specifically identified material" means a material or
covered product identified by the Agency under Section 100.
"Uniform statewide collection list" means the list of
materials established in accordance with the requirements of
subsection (d) of Section 95.
"Unit of local government service provider" means any of
the following:
(1) A collection service franchise holder.
(2) Any person authorized by a city or county to
provide recycling collection services described in
paragraphs (1) through (4) of the definition of "recycling
collection".
(3) Any person authorized by a unit of local
government to provide recycling collection services
described in paragraph (4) of the definition of "recycling
collection".

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Section 15. Determining producers of covered products.
(a) For purposes of this Act, the producer of a covered
product shall be determined as follows:
(1) For items sold in packaging at a physical retail
location in this State:
(A) If the item is sold in packaging under the
manufacturer's own brand or is sold in packaging that
lacks identification of a brand, the producer of the
packaging is the person that manufactures the packaged
item.
(B) If the item is manufactured by a person other
than the brand owner, the producer of the packaging is
the person that is the licensee of a brand or trademark
under which a packaged item is used in a commercial
enterprise, sold, offered for sale, or distributed in
or into this State, whether or not the trademark is
registered in this State.
(C) If there is no person described in
subparagraph (A) or (B) of this paragraph within the
United States, the producer of the packaging is the
person that imports the packaged item into the United
States for use in a commercial enterprise that sells,
offers for sale, or distributes the item in this
State.
(2) For items sold or distributed in packaging in or
into this State via remote sale or distribution:

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(A) The producer of packaging used to directly
protect or contain the item is the same as the producer
for purposes of paragraph (1).
(B) The producer of packaging used to ship the
item to a consumer is the person that packages and
ships the item to the consumer.
(3) For all other packaging that is a covered product,
the producer of the packaging is the person that first
distributes the packaged item in or into this State.
(b) For printing and writing paper that is a magazine,
newspaper, catalog, telephone directory, or similar
publication, the producer is the publisher. For all other
printing and writing paper, the producer is as follows:
(1) The person who manufactures the printing and
writing paper under the manufacturer's own brand.
(2) If the printing and writing paper is manufactured
by a person other than the brand owner, the person whom the
owner or licensee of a brand or trademark under which the
printing and writing paper is used in a commercial
enterprise, sold, offered for sale, or distributed in or
into this State, whether or not the trademark is
registered in this State.
(3) If there is no person described in subparagraph
(1) or (2) within the United States, the person who
imports the printing and writing paper into the United
States for use in a commercial enterprise that sells,

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offers for sale, or distributes the printing and writing
paper in this State.
(c) The producer of food serviceware is the person that
first sells the food serviceware in or into this State.
Section 20. Producers and producer responsibility
organizations.
(a) Except as provided in subsection (d) of this Section
and Section 25, each producer must register with and be a
member of a producer responsibility organization that
administers a producer responsibility program.
(b) A producer is required to pay an annual membership fee
to a producer responsibility organization as described in
Section 45. Fees established under this Act that are charged
to a producer responsibility organization must be paid by the
producer responsibility organization.
(c) A producer is not required to pay membership fees to a
producer responsibility organization for any covered product
if another person has registered with a producer
responsibility organization as the producer responsible for
that covered product under this Act.
(d) A producer is not required to be a member of a producer
responsibility organization if, for all covered products the
producer sells, offers to sell, or distributes in or into this
State, another person has registered with a producer
responsibility organization as the producer responsible for

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that covered product under this Act.
(e) A producer that is registered with a producer
responsibility organization must:
(1) pay the membership fee calculated under the
schedule established by the producer responsibility
organization pursuant to Section 45; and
(2) upon request, provide the producer responsibility
organization with records or other information necessary
for the organization to meet the organization's
obligations under this Act.
(f) A person who sells a covered product in or into this
State via remote means and who is only the producer of the
packaging used to ship the covered product, as determined
under subparagraph (B) of paragraph (2) of subsection (a) of
Section 15, must notify the producer of the covered product,
as determined under paragraph (1) of subsection (a) of Section
15, and the seller's producer responsibility organization of
the sale of a packaged product in or into this State.
(g) A producer responsibility organization's obligations
under this Act are to work with recycling system participants
in order to ensure, to the extent practicable, that covered
products collected by a recycling collection service are
recycled by responsible end markets apply to covered products
that are:
(1) collected for recycling pursuant to Section 65;
(2) identified on the uniform statewide collection

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list and collected pursuant to a collection program
providing the opportunity to recycle;
(3) identified on the list of specifically identified
materials; or
(4) recycled in an effort to achieve the statewide
plastic recycling goal established under Section 125.
(h) A producer responsibility organization shall make the
following available on the organization's website and update
it at least once per calendar quarter:
(1) A searchable registry of the organization's
compliant members.
(2) The identity of any members who are currently not
in compliance with this Act and the reason for
noncompliance.
(i) If the Agency approves more than one producer
responsibility program, the producer responsibility
organizations with approved programs shall establish a
producer responsibility organization coordinating body and
submit a coordination plan to the Agency for approval. If
requested by the producer responsibility organizations, the
Agency may serve as the coordinating body or may form or
oversee the coordinating body. The Agency shall establish the
following by rule:
(1) Methods for calculating market share.
(2) Standards and requirements for coordination plans
and coordination between producer responsibility

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organizations.
(3) A process for submittal, review, approval, or
rejection and revocation of coordination plans.
(4) A process for the Agency to issue an order
requiring a coordination plan.
A coordination plan approved or ordered by the Agency
shall be implemented by all producer responsibility
organizations. If the coordination plan conflicts with an
approved program plan, the details of the coordination plan
prevail.
A coordination plan approved or ordered by the Agency is
valid until revoked or a new coordination plan is approved by
the Agency.
The producer responsibility organization coordinating body
shall submit for approval a new coordination plan on a
schedule that coincides with the schedule for producer
responsibility organizations to submit new producer
responsibility program plans.
(j) A producer responsibility organization must ensure
that each member of its organization complies with subsection
(e). The organization shall notify the Agency within 30 days
after:
(1) the end of a 3-month period in which the
organization unsuccessfully attempted to obtain a
membership fee, records, or information from a producer
under subsection (e); or

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(2) the date a producer member leaves the organization
for any reason.
(k) A producer responsibility organization must provide
contact information for any of the organization's registered
members to the Agency upon request.
(l) No later than December 31 of each year in which an
approved producer responsibility program plan is required to
be operated in this State, a producer responsibility
organization must have members with a combined market share,
calculated in accordance with rules established under this
Section, that is at least 10% of the total combined market
share of all producers of covered products.
(m) A producer may demonstrate to the Agency that a
material is exempt from the requirements for a covered product
if the material:
(1) is collected through a recycling collection
service not provided under the opportunity to recycle;
(2) does not undergo separation from other materials
at a commingled recycling processing facility; and
(3) is recycled at a responsible end market.
If only a portion of the material sold in or into this
State by a producer meets the criteria of this subsection, the
portion that meets the criteria is exempt and the portion that
does not meet the criteria is a covered product.
Section 25. Exemptions.

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(a) A small producer is exempt from the requirement to be a
member of a producer responsibility organization under Section
20.
(b) The Agency may adopt rules to exempt from the
requirements of Section 20 producers that do not exceed a
minimum market share of covered products sold in or into this
State.
Section 30. Producer responsibility program plan.
(a) A producer responsibility organization shall submit to
the Agency, in a form and manner prescribed by the Agency, a
plan for the development and implementation of a producer
responsibility program.
(b) Using objective and measurable criteria whenever
possible, a producer responsibility program plan must comply
with all of the following:
(1) Describe how the producer responsibility
organization will manage and administer a producer
responsibility program to meet the organization's
obligations under this Act, including a description of how
the organization will comply with all of the following:
(A) Support the collection and recycling of
covered products that are included on the uniform
statewide collection list or as necessary to meet the
statewide plastic recycling goal established under
Section 125.

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(B) Provide for the collection of covered products
identified by the Agency under paragraph (2) of
subsection (a) of Section 95 and meet convenience and
performance standards for those covered products.
(C) Maximize the use of existing infrastructure.
(D) Ensure the responsible management of covered
products identified in subsection (g) of Section 20
and other contaminants collected with those covered
products.
(E) Establish, calculate, and charge membership
fees, including incentives, as described in Section
45.
(F) Encourage producers to make continual
reductions in the environmental and human health
impacts of covered products through a graduated fee
structure as described in Section 45.
(G) Ensure that covered products identified in
subsection (g) of Section 20 and collected for
recycling, and contaminants collected with those
covered products, are managed and disposed of
consistent with the goals, standards, and practices
required by this Act.
(H) Ensure that covered products collected for
recycling will be transferred to responsible end
markets, including the following:
(i) The type and general locations of

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responsible end markets that may use the material
collected from covered products in the manufacture
of new products.
(ii) Whether any of those responsible end
markets are certified for environmental and social
sustainability by certification programs approved
by the Agency under Section 180.
(iii) How the organization will ensure that
responsible management is maintained through final
disposition of the covered product.
(iv) Arrangements the producer responsibility
organization has made with processors to ensure
that covered products identified under paragraph
(2) of subsection (a) of Section 95 are recycled
at a responsible end market, including any
investment intended to be made to support
processors.
(I) Ensure that any material that will be marketed
for use through a method other than mechanical
recycling will be transferred to a responsible end
market, including the following:
(i) A description of how the proposed method
will affect the ability of the material to be
recycled into feedstock for the manufacture of new
products.
(ii) A description of how the proposed method

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will affect the types and amounts of plastic
recycled for food and pharmaceutical-grade
applications.
(iii) A description of any applicable air,
water, and waste permitting compliance
requirements.
(iv) An analysis of the environmental impacts
of the proposed method compared to the
environmental impacts of mechanical recycling,
incineration, and landfill disposal as solid
waste.
(J) Provide public outreach and education,
including the following:
(i) A communications program for responding to
questions involving the uniform statewide
collection list and recycling services provided
under Section 65.
(ii) Outreach to units of local government to
ensure information is accurate and consistent
across this State.
(iii) Statewide promotional campaigns as
described in Section 60.
(2) Identify and provide contact information for the
producer responsibility organization and identify each
producer registered with the proposed program.
(3) Describe the structure of the producer

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responsibility organization, including the management
structure and roles and functions of committees.
(4) Describe how the producer responsibility
organization will communicate and coordinate with the
Agency, the Illinois Recycling System Advisory Council,
units of local government, unit of local government
service providers, processors, and any other producer
responsibility organizations and the topics of
communication or coordination.
(5) Describe a process, including the process
timeline, for how the producer responsibility organization
will resolve any disputes involving compensation of units
of local government and unit of local government service
providers under Section 55 and disputes involving
commingled recycling processing facilities under Sections
105 and 110.
(6) Include projections on recycling rates for
plastic.
(7) Describe any efforts the producer responsibility
organization will make to support collection, processing,
or responsible recycling of specifically identified
materials, including the following:
(A) Any efforts to support or provide recycling
depots or mobile collection of specifically identified
materials.
(B) Any efforts to use education and promotion to

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encourage proper participation in recycling collection
of specifically identified materials.
(C) Any investments to support the successful
processing of specifically identified materials.
(D) Any efforts to develop or support responsible
end markets for specifically identified materials.
(E) Any other efforts to ensure successful and
responsible recycling of specifically identified
materials.
(8) Describe the membership fee structure of the
producer responsibility organization, including a schedule
of the membership fees actually charged to members.
(9) Demonstrate that the membership fees collected by
the producer responsibility organization will provide
adequate revenue to fund all costs associated with the
producer responsibility program.
(10) For any program plan submitted by a producer
responsibility organization following its initial program
plan, describe how adjustments to membership fees offered
in response to the requirements of Section 45 have been
modified in order to meet the objectives described in
subparagraph (F) of paragraph (1) of this subsection and
Section 45 or in response to any evaluation conducted
under Section 50 during the time period covered by the
prior program plan.
(11) Describe how the producer responsibility

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organization will provide funding to allow units of local
government to protect ratepayers from increased costs
associated with the processing and marketing of
recyclables identified in Section 95.
(12) Include a process for promptly notifying the
Agency, the Illinois Recycling System Advisory Council,
and producers of potential noncompliance with the
requirements of this Act by a producer or producer
responsibility organization.
(13) Describe reserve funds or other contingency plans
for responding to changes in markets or other
circumstances that could affect the effectiveness of the
program, including the amount of funds in reserve and a
description of what contingencies those reserve funds will
be sufficient to address.
(14) Include a closure plan to settle the affairs of
the producer responsibility organization that ensures that
producers will continue to meet their obligations in the
event of dissolution of the organization and that
describes a process for notifying the Agency, the Illinois
Recycling System Advisory Council, and units of local
government of the dissolution. The closure plan must
include sufficient reserve funds to allow the producer
responsibility organization to satisfy all obligations
until producer members have joined a different producer
responsibility organization.

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(15) Include methods for advance funding,
reimbursements, and making payments to units of local
government or unit of local government service providers
under Section 55.
(16) Describe how the producer responsibility
organization will implement the requirements of Section 55
by establishing the following:
(A) A schedule for implementing collection program
expansions and improvements throughout this State.
(B) A method for determining funding or
reimbursement amounts under subsection (f) of Section
55, consistent with rules adopted by the Agency.
(C) The total amount of funds that will be made
available to units of local government under Section
55 each year.
(17) Include any other information required by the
Agency to determine that a producer responsibility
organization is capable of meeting its obligations and
ensuring the outcomes required under this Act.
(c) Upon approval of the plan or a plan amendment by the
Agency, a producer responsibility organization must implement
the approved plan or plan amendment.
Section 35. Approval by the Agency.
(a) The Agency shall approve, approve with conditions, or
reject a plan submitted under Section 30 or an amendment to a

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plan submitted under Section 40 no later than 120 days after
the date on which the Agency receives the plan or plan
amendment from the producer responsibility organization. The
Agency shall approve a plan or a plan amendment if the Agency
determines to the satisfaction of the Agency that the plan or
plan amendment complies with the requirements of Section 30.
If the Agency rejects the plan or plan amendment, the Agency
shall provide in writing the reason for the rejection.
If the Agency rejects a plan or plan amendment under this
subsection, the producer responsibility organization must
submit a revised plan or revised plan amendment to the Agency
no later than 60 days from the date of the rejection. The
Agency shall either approve, approve with conditions, or
reject the revised plan or revised plan amendment no later
than 90 days after receiving the revised plan or revised plan
amendment. The Agency shall approve the revised plan or plan
amendment if the Agency determines that the revised plan or
plan amendment complies with the requirements of Section 30.
If the Agency rejects the revised plan or revised plan
amendment, the Agency shall provide in writing the reason for
the rejection and: (i) direct changes to the revised plan or
plan amendment; or (ii) require the producer responsibility
organization to submit a second revision no later than 60 days
after the date of the rejection.
If the Agency directs changes to a revised plan or plan
amendment pursuant to this subsection, the producer

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responsibility organization must implement the changes or
request a hearing under the Illinois Administrative Procedure
Act.
The Agency may bring an enforcement action if the Agency
requires a second revision pursuant to this subsection and:
(i) the second revision is not timely submitted; or (ii) the
second revision does not, to the satisfaction of the Agency,
comply with the requirements of Section 30.
If a producer responsibility organization requests a
hearing or is subject to enforcement pursuant to this
subsection, the producer responsibility organization shall
continue to implement a previously approved plan or, if there
is no previously approved plan in place, implement a plan at
the direction of the Agency until a plan is approved under this
Section.
(b) Before approving, approving with conditions, or
rejecting a plan or plan amendment under this Section, the
Agency shall solicit feedback on the plan or plan amendment
from the Illinois Recycling System Advisory Council. The
Agency must make the plan or plan amendment available for
public comment for a period of not less than 30 days before
approving, approving with conditions, or rejecting the plan or
plan amendment. The Agency must respond to the council's
written recommendations if received within 75 days after the
date the Agency transmitted the plan or plan amendment to the
council.

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(c) A plan approved by the Agency under this Section is
valid for 3 years. The Agency's rejection of a plan or plan
amendment submitted for approval under this Section does not
relieve the producer responsibility organization from
continuing to implement the producer responsibility program in
compliance with the approved plan pending a final action by
the Agency on the plan amendment.
(d) No less than 180 days before a plan approved under this
Section expires, a producer responsibility organization shall
submit a plan to be approved under this Section for an
additional 5 years. A plan submitted for approval under this
subsection must satisfy the requirements of Section 30 and
describe any substantive changes from the previously approved
plan. Until a plan submitted under this subsection is
approved, the previously approved plan remains in effect.
Section 40. Producer responsibility program plan
amendments.
(a) A producer responsibility organization shall submit an
amendment to a producer responsibility program plan as
follows:
(1) When proposing to change an approved producer
responsibility program plan as it relates to the producer
responsibility organization's obligations:
(A) under paragraphs (1), (7) through (9), (12)
through (14), (16), and (17) of Section 30; or

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(B) under Section 95.
(2) When changing methods used to establish membership
fees under Section 45.
(3) When changing methods of compensating units of
local government or unit of local government service
providers as required under Section 55.
(4) When the Agency identifies or removes one or more
specifically identified materials under Section 100.
(5) When required to do so under Section 125.
(6) When required to do so by rules adopted by the
Agency.
(b) Not less than once per calendar quarter, a producer
responsibility organization shall provide written notice to
the Agency and the Illinois Recycling System Advisory Council
of any changes made during the previous month to a producer
responsibility program plan that are changes for which an
amendment is not required under subsection (a).
Section 45. Membership fees charged by producer
responsibility organization.
(a) A producer responsibility organization shall establish
a schedule of membership fees to be paid by members of the
organization. Membership fees established pursuant to this
Section must be sufficient to meet the financial obligations
of the organization under this Act. Membership fees must be
designed to differentiate between types of covered products

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and the materials and formats that comprise those covered
products. Membership fees charged for different covered
product types, materials, and formats must be proportional to
the costs to the producer responsibility organization for that
covered product type, material, or format.
(b) A schedule established under this Section must
establish material-specific base fee rates for all covered
products sold or distributed in or into this State by a member
of the producer responsibility organization. The base fee paid
by each producer member shall be calculated by multiplying the
material-specific base fee rate by the total amount of covered
products of each material sold or distributed by the producer
in or into this State.
(c) Covered products sold or distributed in or into this
State that are not accepted by recycling collection programs
in this State shall be assessed base fee rates as follows:
(1) First, the average base fee rates for covered
products described in this subsection must be higher than
the average for covered products that are accepted by
recycling collection programs in this State.
(2) Second, provided that the requirements of
paragraph (1) of this subsection are satisfied, the base
fee rate shall be approximately proportional to the
covered products' relative contribution to the financial
obligations of the producer responsibility organization.
(d) In addition to the base fees described in subsections

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(b) and (c), a producer responsibility organization's
membership fee schedule must incentivize producers to
continually reduce the environmental and human health impacts
of covered products by offering fee adjustments to producers
that make or have made changes to the ways in which they
produce, use, and market covered products. Fee adjustments
developed under this subsection must include lower fees for
covered products with a lower environmental impact and higher
fees for covered products with a higher environmental impact.
In establishing the criteria for the graduated fee structure,
a producer responsibility organization must consider factors
that include, but are not limited to, the following:
(1) The post-consumer content of the material, if the
use of post-consumer content in the covered product is not
prohibited by federal law.
(2) The product-to-package ratio.
(3) The producer's choice of material.
(4) Life cycle environmental impacts, as demonstrated
by an evaluation performed in accordance with Section 155.
(5) The recycling rate of the material relative to the
recycling rate of other covered products.
(e) Notwithstanding subsections (b) through (d), a
producer responsibility organization may propose to the Agency
in a plan or plan amendment an alternative membership fee
structure. The Agency may approve an alternative membership
fee structure if the Agency determines that the structure:

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(1) satisfies the requirements of subsection (a); and
(2) provides incentives to members to change the way
the members produce, use, and market materials in order to
reduce environmental impacts.
(f) Notwithstanding subsections (b) through (d), a
producer responsibility organization shall establish uniform
membership fees for members that had a gross revenue of less
than $10 million for the organization's most recent fiscal
year, or sold in or into Illinois less than 5 metric tons of
covered products for use in this State in the most recent
calendar year.
(g) A producer responsibility organization shall accept
the value of print and online advertising services in lieu of
all or a portion of a membership fee described in this Section
from members that are newspaper or magazine publishers. The
producer responsibility organization may consider the in-State
reach of the advertising when determining the value of the
advertising.
Section 50. Annual report.
(a) No later than July 1 of each year, a producer
responsibility organization must submit to the Agency for
approval by the Agency an annual report on the development,
implementation, and operation of the producer responsibility
program. The annual report must:
(1) cover the prior calendar year;

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(2) present information in a manner that can be
understood by the general public; and
(3) be otherwise prepared in the form and manner
prescribed by the Agency.
(b) The annual report must include the following:
(1) A list of the producers that participated in the
producer responsibility program.
(2) A list of any producers found to be out of
compliance with the producer responsibility program plan
and steps taken to bring those producers into compliance.
(3) The total amount, by weight and type of material,
of covered products sold or distributed in or into this
State by participating producers in the prior calendar
year.
(4) A description of the producer responsibility
organization's efforts, including work with processors, to
ensure that the collected covered products were
responsibly managed and delivered to responsible end
markets.
(5) A complete accounting and summary of payments
requested by units of local government and unit of local
government service providers and paid by the producer
responsibility organization under Section 55.
(6) A description of all expansions and improvements
to recycling collection systems that have been paid for by
the producer responsibility organization, whether those

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expansions or improvements have been implemented, the
funds provided for such expansions and improvements, and
what collection programs are still scheduled for
expansions or improvements in the remaining duration of
the producer responsibility program plan.
(7) A summary of payments paid by the producer
responsibility organization under Sections 105 and 110.
(8) A summary of payments requested by units of local
government or unit of local government service providers
that were denied or reduced by the producer responsibility
organization.
(9) A summary of all other payments made to satisfy
the producer responsibility organization's obligations
under this Act, including, but not limited to, payments
made to support responsible recycling of specifically
identified materials, as described in Section 100.
(10) A summary of the financial status of the producer
responsibility organization, including annual
expenditures, revenues, and assets.
(11) The membership fee schedule described in Section
45.
(12) The fees collected pursuant to the membership fee
schedule for the reporting year.
(13) A description of how the current membership fee
schedule meets the requirements of Section 45.
(14) A description of activities undertaken by the

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producer responsibility organization that relate to the
uniform statewide collection list and the specifically
identified materials list.
(15) An assessment of whether the producer
responsibility organization has met collection targets,
convenience standards and performance standards
established by the Agency under Section 95 and efforts
planned to meet or continue meeting such targets and
standards.
(16) A summary of efforts taken by the producer
responsibility organization to meet the statewide plastic
recycling goal established under Section 125 and efforts
planned to maintain performance in meeting the goal or, if
the goal has not been met, efforts planned to meet the
goal.
(17) The results of any in-person site inspections,
material tracking, or other audits conducted during the
reporting year, including whether any major safety or
environmental management practices were not properly
followed and, if so, the corrective actions taken.
(18) Recommendations for any changes to the producer
responsibility organization's plan to improve recovery and
recycling.
(19) A summary of the quarterly reports described in
subsection (f) and an evaluation of the adequacy of
responsible end markets.

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(20) A summary of actions actually taken or planned by
the producer responsibility organization to improve
responsible end markets, pay for improvements in
processing infrastructure, or improve the resiliency of
the producer responsibility program.
(21) The number of producers that received each type
of membership fee adjustment offered under Section 45 and
the amount of covered products, by material and format,
for which producers received each type of adjustment.
(22) An evaluation of the effectiveness of membership
fee adjustments at encouraging producers to reduce the
environmental and human health impacts of covered
products, with relation to the factors and criteria used
by the producer responsibility organization's membership
fee structure.
(23) An evaluation of the producer responsibility
organization's compliance with this Act and, if necessary,
actions that will be taken to achieve compliance.
(24) A report by an independent certified public
accountant, retained by the producer responsibility
organization at the organization's expense, on the
accountant's audit of the organization's financial
statements.
(25) The results of any nonfinancial audits or
assessments measuring performance or outcomes.
(26) A description of activities undertaken by the

SB3953 - 39 - LRB102 21315 CPF 30427 b
producer responsibility organization that relate to the
educational resources and promotional campaigns described
in Section 60.
(27) Any other information required by the Agency.
(c) A producer responsibility organization shall include
in a report submitted under this Section a confidential
addendum containing information on the membership fees paid to
the producer responsibility organization by individual members
and information that can be used to calculate the market share
of individual members in accordance with rules adopted by the
Agency under Section 20. Information included in the
confidential addendum is not subject to public disclosure
under the Freedom of Information Act, except that the Agency
may disclose summarized information or aggregated data if the
information or data do not directly or indirectly identify the
amount of membership fees paid by or market share of any
individual producer.
The report must also aggregate and summarize the
information described in this subsection in a manner that does
not directly or indirectly identify the amount of membership
fees paid by any individual producer.
(d) The Agency shall review reports submitted under this
Section and solicit feedback on each report from the Illinois
Recycling System Advisory Council. The Agency shall make each
report available for public comment for a period of not less
than 30 days. The Agency shall submit the comments of the

SB3953 - 40 - LRB102 21315 CPF 30427 b
Agency, the council, and the public to the producer
responsibility organization. The Agency shall approve reports
that meet the requirements of this Section to the satisfaction
of the Agency.
(e) If the Agency does not approve a report under
subsection (d), the Agency must provide the producer
responsibility organization with written notice of revisions
necessary for approval and the timeline for resubmittal.
The Agency may bring an enforcement action if:
(1) the revised report required under this subsection
is not timely submitted; or
(2) the revised report does not meet the requirements
of this Section to the satisfaction of the Agency.
(f) No later than 45 days after the end of each calendar
quarter, a producer responsibility organization shall provide
a materials disposition report to the Agency describing the
final disposition during that calendar quarter of all
materials for which the organization is responsible. The
report required under this subsection must include the
following:
(1) The final end markets of the materials.
(2) The location of all facilities used to process the
materials.
(3) A description of any disposition that does not
meet the standards described in subsection (b) of Section
65.

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(4) The amount of materials processed and the final
disposition by weight or volume of all materials,
including materials that were not used by the end markets.
Section 55. Compensation to units of local government and
unit of local government service providers.
(a) A producer responsibility organization shall, upon
request, fund in advance or reimburse, as appropriate, the
eligible expenses of a unit of local government or the unit of
local government service provider for eligible costs as
provided in this Section.
(b) The costs of transporting covered products from a
recycling depot or recycling reload facility to a commingled
recycling processing facility or a responsible end market,
including the cost to receive, consolidate, load, and
transport covered products, are eligible costs for funding or
reimbursement by a producer responsibility organization.
Eligible costs under this subsection do not include costs
for the following:
(1) The transport of covered products directly from a
generator to a recycling processing facility or a
responsible end market.
(2) The transport of covered products from a recycling
depot if the recycling depot is not designated or
authorized by a unit of local government as part of the
recycling program operated by the unit of local government

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or the unit of local government's service provider.
(3) The proportion of a shipment of recyclable
material that is not covered products.
(4) The transport of covered products for distances
greater than the distance to the closest commingled
recycling processing facility or responsible end market
with capacity to accept the covered products.
(5) The transport of covered products for less than 50
miles or for a greater de minimis distance, as established
by the Agency by rule.
The Agency shall establish by rule methods for determining
funding or reimbursement amounts under this subsection.
Methods may include payments based on zones and must account
for proximity to an appropriate commingled recycling
processing facility or responsible end market that has
capacity to process or recycle the material and other factors
that could affect transportation costs.
(c) The costs of periodically evaluating the quality and
contamination of collected materials as required by Section
130, if the evaluation occurs at a location other than a
commingled recycling processing facility, are eligible costs
for funding or reimbursement by a producer responsibility
organization.
(d) The costs of contamination reduction programming for
residential and commercial customers required by Section 130
and the cost of similar contamination reduction programming

SB3953 - 43 - LRB102 21315 CPF 30427 b
provided by unit of local governments not subject to the
requirements of Section 130 are eligible costs for funding or
reimbursement by a producer responsibility organization.
The Agency shall establish by rule methods for determining
funding or reimbursement amounts under this subsection. Rules
adopted under this subsection may not require producer
responsibility organizations to provide funding or
reimbursement of more than $3 per capita per year, based on the
population of a unit of local government or, if the unit of
local government is a county, the population of the
unincorporated area of the county.
(e) Costs associated with the expansion and provision of
recycling collection services for covered products as provided
in this subsection are eligible costs for funding or
reimbursement by a producer responsibility organization.
A unit of local government that commits to expanding
recycling opportunities during the needs assessment conducted
under subsection (h) is eligible for funding or reimbursements
under this subsection. A producer responsibility organization
shall work with units of local government to determine the
services the unit of local government is requesting and the
schedule by which the new program will be implemented, and
shall provide funding for the new programs in advance of or
concurrent with implementation.
A producer responsibility organization shall provide
funding for activities requested by units of local government

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through the periodic needs assessment conducted under
subsection (h).
Eligible costs under this subsection include the
following:
(1) For on-route programs, start-up costs, including,
but not limited to, trucks, containers, promotional
literature and, if necessary and none other is available,
a recycling reload facility for reloading recyclables,
including any compaction equipment necessary for the
recycling reload facility.
(2) For recycling depots, containers, on-site
monitoring equipment, site preparation, or other start-up
costs and operational costs, including staffing.
(f) The costs of complying with Section 90, to the extent
that the use of post-consumer recycled material is more
expensive than the lowest priced alternative, are eligible
costs for funding or reimbursement by a producer
responsibility organization.
(g) The costs associated with other recycling system
improvements for covered products as determined by the Agency
by rule are eligible costs for funding or reimbursement by a
producer responsibility organization.
(h) The Agency shall conduct a statewide needs assessment
in partnership with units of local government and unit of
local government service providers to determine local interest
in expanding collection options and recycling depots in areas

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not served with those collection opportunities, provided that
funds are made available to the local programs for expansion.
The needs assessment shall include a process for units of
local government to request services and commit to providing
additional services.
The Agency shall periodically repeat the assessment and
may conform the timing of the assessment to coincide with the
schedule for producer responsibility organizations to submit
new producer responsibility program plans.
(i) A unit of local government or the unit of local
government service provider requesting reimbursement under
this Section shall submit an accounting of its costs to a
producer responsibility organization, if the reimbursement is
not otherwise determined according to a formula.
(j) A producer responsibility organization shall remit
payment for expenses under this Section to a unit of local
government or the unit of local government service provider or
other person authorized by the unit of local government to
receive payment within 60 days after receiving a request for
payment. A producer responsibility organization shall provide
written notification to the unit of local government of any
payments remitted to a person authorized by the unit of local
government to receive payment.
(k) The Agency may review or audit the cost accounting and
reimbursement request records of a producer responsibility
organization, a unit of local government, or the unit of local

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government service provider that receives payment under this
Section.
The Agency shall require a unit of local government or a
unit of local government service provider that receives
advance funding under this subsection and does not use the
moneys for the purposes for which the funding was provided to
return the funding to the producer responsibility
organization, according to standards established by the Agency
by rule.
Information furnished to the Agency under this subsection
may be designated confidential. Information designated
confidential is not subject to public disclosure under the
Freedom of Information Act, except that the Agency may
disclose the information in a summarized or aggregate form.
(l) A unit of local government shall identify to the
Agency the unit of local government service providers that are
authorized to receive funding or reimbursement directly, as
described in this Section, from producer responsibility
organizations in the annual report required under Section 50.
(m) A unit of local government or unit of local government
service provider that has received funds for expansion or
improvements to recycling collection under this Section shall
report to the producer responsibility organization when the
expansion or improvements have been fully implemented. A unit
of local government or unit of local government service
provider must also report the status of implementation to the

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producer responsibility organization on an annual basis for
any funded collection program that has not been fully
implemented, so that the producer responsibility organization
may include that information in the annual report required
under Section 50.
(n) The disposal of covered products by means of
landfilling or incineration may not be an eligible cost for
funding or reimbursement by a producer responsibility
organization under this Section.
Section 60. Development of educational resources.
(a) A producer responsibility organization, in
consultation with the Illinois Recycling System Advisory
Council, shall develop educational resources and promotional
campaigns to promote the uniform statewide collection list.
Resources and campaigns developed under this Section must
include, but need not be limited to, the following:
(1) A description of materials identified for
recycling as described in Section 95.
(2) Requirements to properly prepare materials for
recycling.
(3) Education on the importance of not placing
contaminants in commingled recycling collection.
(4) Container signs or decals.
(b) A producer responsibility organization must provide
opportunities for units of local government and unit of local

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government service providers to review and comment on draft
materials developed under this Section.
(c) Educational resources and campaigns developed under
this Section must be:
(1) culturally responsive to diverse audiences across
this State, including people who speak languages other
than English and persons with disabilities;
(2) printed or produced in languages other than
English; and
(3) accessed easily and at no cost to units of local
government and users of the recycling system.
(d) A producer responsibility organization shall make the
educational resources developed under this Section available
in a form that allows each unit of local government or unit of
local government service provider to customize the resources
to reflect local conditions.
(e) When reviewing and commenting on a producer
responsibility organization's draft materials under subsection
(b), a unit of local government must take responsibility to
ensure that the educational resources and campaigns being
developed by the producer responsibility organization meet the
needs of diverse audiences within the unit of local
government's community.
(f) A unit of local government that provides the
opportunity to recycle or the unit of local government service
provider shall utilize and distribute educational resources

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developed under this Section.
A unit of local government or the unit of local government
service provider may incorporate the educational resources
developed under this Section into an existing recycling
education program required by the Agency.
(g) A producer responsibility organization shall
coordinate and fund the distribution of statewide promotional
campaigns developed under this Section through media channels
that may include, but need not be limited to, print
publications, radio, television, the Internet, and online
streaming services.
A producer responsibility organization must coordinate and
fund the distribution of statewide promotional campaigns
following the first establishment of the uniform statewide
collection list and after each revision of the uniform
statewide collection list, but not more frequently than once
per calendar year.
(h) Except as provided in the second paragraph of this
subsection, educational resources and campaigns developed
under this Section must be reviewed by the council and
approved by the Agency before public distribution.
Changes or alterations to educational resources and
campaigns previously approved by the Agency that do not
materially affect the substance of the information conveyed do
not require review or approval under this subsection.
(i) Educational resources developed under this Section

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must be updated no later than 4 months following any
subsequent changes made by the Agency to the uniform statewide
collection list.
Section 65. Other duties of producer responsibility
organization.
(a) A producer responsibility organization must provide
for the collection and responsible recycling of covered
products identified by the Agency under paragraph (2) of
subsection (a) of Section 95, in a way that meets collection
targets, convenience standards, and performance standards
established under Section 95, by any of the following:
(1) Where possible, first contracting with existing
recycling depots or drop off centers to provide for the
collection of the covered product.
(2) Establishing and operating other drop off centers
for the covered product.
(3) Establishing and operating collection events for
the covered product.
(4) Making other arrangements for the collection of
the covered product as described in a producer
responsibility program plan.
(b) A producer responsibility organization shall, to the
extent practicable, ensure that covered products collected in
this State for the purpose of recovery and described in
subsection (g) of Section 20 will be:

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(1) delivered to responsible end markets;
(2) managed according to the following hierarchy of
materials management options:
(A) first, to reduce the amount of solid waste
generated;
(B) second, to reuse material for the purpose for
which it was originally intended;
(C) third, to recycle material that cannot be
reused;
(D) fourth, to compost material that cannot be
reused or recycled;
(E) fifth, to recover energy from solid waste that
cannot be reused, recycled, or composted so long as
the energy recovery facility preserves the quality of
air, water, and land resources; and
(F) sixth, to dispose of solid waste that cannot
be reused, recycled, composted, or from which energy
cannot be recovered by landfilling or other method
approved by the Agency; and
(3) managed in an environmentally protective way
through to final disposition.
(c) A producer responsibility organization may not take
possession of covered products from a processor for any
purpose without the written consent of the processor.
Section 70. Illinois Recycling System Advisory Council.

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(a) The Illinois Recycling System Advisory Council is
established.
(b) The council shall consist of 19 members appointed as
follows:
(1) The President of the Senate shall appoint one
member from among the members of the Senate, and the
Speaker of the House of Representatives shall appoint one
member from among members of the House of Representatives,
but the members appointed under this paragraph may not be
from the same political party.
(2) The Governor shall appoint 17 members as follows:
(A) Four representatives of unit of local
governments.
(B) Two representatives of community-based
organizations representing the interests of
historically underserved groups.
(C) One owner or operator of a small business that
is not eligible for representation under subparagraph
(E) or (F) of this paragraph.
(D) Two representatives of environmental nonprofit
organizations.
(E) Four representatives of the recycling
industry, including unit of local government service
providers, processors, or material end users.
(F) Four representatives of producers of covered
products or producer trade associations or suppliers.

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Any members appointed to the council under this
subparagraph who are producers of covered products
shall belong to a producer responsibility organization
and represent different industries.
The Governor shall appoint members that reflect the
geographic diversity of this State and the interests of both
large and small communities.
(c) The term of office of each member of the council is 3
years, but members who are not legislators serve at the
pleasure of the Governor.
Before the expiration of the term of a member, the
appointing authority shall appoint a successor whose term
begins on July 1 following the appointment. A member is
eligible for reappointment.
If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective for the unexpired term.
(d) A majority of the voting members of the council
constitutes a quorum.
(e) The council shall elect one of its members to serve as
chairperson and another to serve as vice chairperson, for the
terms and with the duties and powers necessary for the
performance of the functions of such offices as the council
determines. The chairperson and vice chairperson may not both
be members appointed under the same subparagraph of paragraph
(2).

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(f) The council shall meet at least once every 3 months at
times and places specified by the chairperson. The council
also may meet at other times and places specified by the call
of the chairperson or of a majority of the voting members of
the council, as necessary, to carry out the duties of the
council.
(g) The Agency shall provide administrative and staff
support and facilities as necessary for the council to carry
out the duties of the council.
(h) A member of the council who is not a legislator is
entitled to compensation and expenses incurred in performing
their duties. Claims for compensation and expenses incurred in
performing functions of the council shall be paid out of funds
appropriated to the Agency for that purpose.
(i) Members of the General Assembly who are appointed to
the council are nonvoting members of the council and may act in
an advisory capacity only.
(j) The council may adopt rules necessary for the
operation of the council.
Section 75. Duties of the council.
(a) The Illinois Recycling System Advisory Council shall
perform all of the following:
(1) Review activities related to this Act.
(2) Advise the Agency and producer responsibility
organizations on issues related to the implementation of

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this Act.
(3) Review producer responsibility program plans
submitted under Section 30, plan amendments submitted
under Section 40, and program reports submitted under
Section 50.
(4) Make recommendations to the Agency and producer
responsibility organizations related to the establishment
and maintenance of the list of specifically identified
materials.
(5) Make recommendations to the Agency and producer
responsibility organizations about any other material that
should not be included as a covered product.
(6) Make written recommendations to the Agency and
producer responsibility organizations on matters that the
council determines are beneficial to the public interest,
including the following:
(A) Matters related to producer responsibility
program plans created to satisfy the requirements of
Section 30, program plan audits, and reports required
by the plans, including the following:
(i) Producer membership fee structures
described in Section 45.
(ii) Recycling depot or mobile collection
events for recyclable items.
(iii) Other aspects of a producer
responsibility program intended to improve access

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to recycling, including access for residents of
multifamily housing.
(B) The uniform statewide collection list.
(C) The manner in which producer responsibility
organization fees will be distributed to units of
local governments or unit of local government service
providers under Section 55, including the following:
(i) Review of statewide transportation, reload
reimbursement, and other formulaic elements.
(ii) Priorities for system funding where
discretion is provided in statute or in rules
adopted by the Agency.
(D) Statewide educational resources and campaigns.
(E) The manner in which producer responsibility
organization fees will be distributed to processors to
improve infrastructure.
(b) The council may only adopt recommendations upon a vote
of a majority of the members of the council.
(c) No later than September 15 of each even-numbered year,
the council shall submit to the Senate Committee on
Environment and Conservation and the House Committee on Energy
and Environment a report that describes the recommendations of
the council.
(d) Within 45 days after receiving written recommendations
from the council under paragraphs (4), (5), and (6) of
subsection (a), a producer responsibility organization must

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provide a written response to the council, including reasons
why any recommendations were not accepted.
(e) Within 60 days after receipt of written
recommendations provided under paragraphs (4), (5), and (6) of
subsection (a), the Agency shall provide a written response to
the council, including reasons why any recommendations were
not accepted.
Section 80. Prohibition on delivery of commingled
recyclables to certain facilities.
(a) As used in this Section, "commingled recycling reload
facility" means a facility that receives commingled
recyclables collected by a unit of local government or unit of
local government service provider as an intermediate step
prior to delivery to a commingled recycling processing
facility.
(b) A unit of local government, the unit of local
government service provider, or a commingled recycling reload
facility may not deliver to a commingled recycling processing
facility commingled recyclables that were collected pursuant
to the uniform statewide collection list established under
Section 95, unless the following apply:
(1) At the time the unit of local government, the unit
of local government's service provider, or the commingled
recycling reload facility delivered or contracted to
deliver or transport materials to the commingled recycling

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facility:
(A) the commingled recycling facility held a valid
permit issued under Section 175; or
(B) for a commingled recycling facility located
outside of this State:
(i) the facility held a valid certificate
issued under Section 180; or
(ii) the facility certified that it otherwise
met the requirements of Section 175 or 180, even
though the facility did not hold a permit or
certificate.
(2) The processor ensures the health, safety, and
wellness of workers at the facility regardless of whether
the workers are employees, independent contractors, or
employees of another business.
(3) The processor provides workers at the facility
with a living wage and supportive benefits, as defined by
rule by the Agency.
(4) Within 6 months after the Agency completes a
report under subsection (c) of Section 135, the commingled
recycling processing facility has taken steps to implement
any recommendations of the report related to providing
opportunities in the recycling industry for women and
minority individuals.
Section 85. Other duties of units of local government. A

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unit of local government providing the opportunity to recycle
must, for the recycling collection of materials identified on
the uniform statewide collection list at multifamily
properties, comply with all of the following:
(1) Ensure adequate space for collection.
(2) Demonstrate a plan to ensure adequate space and
access for collection vehicles after new construction or
significant remodels.
(3) Update or establish service standards for service
providers to provide adequate service volume or collection
frequency, or a combination of both.
(4) Ensure that container placement is accessible to
residents, including children and individuals who use a
wheelchair.
(5) Report on activities to meet the requirements of
this Section in the annual report required under Section
50.
Section 90. Roll carts. A unit of local government shall
ensure that roll carts, bins, and containers purchased by the
unit of local government's service providers are manufactured
from at least 10% post-consumer recycled material and are
certified by an independent verification standard, such as the
APR Post Consumer Resin (PCR) Certification Program
established by the Association of Plastic Recyclers.

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Section 95. Uniform statewide collection list and
producer-collected materials.
(a) The Agency, in consultation with producer
responsibility organizations and the Illinois Recycling System
Advisory Council, shall by rule identify materials that are
suitable for recycling collection in this State and the
methods for collection of those materials. Rules adopted under
this subsection must distinguish between the following:
(1) Materials collected to provide the opportunity to
recycle.
(2) Covered products of which a producer
responsibility organization must provide for the
collection through recycling depot or mobile collection
events as provided in Section 65.
(b) When identifying materials and collection methods
under paragraph (1) of subsection (a), the same material may
be collected via on-route collection or at recycling depots in
different geographic areas, as determined by units of local
government.
(c) In determining whether a material should be included
in a commingled recycling program for the uniform statewide
collection list, collected separately, collected on-route, or
collected at a recycling depot, or whether a covered product
should be collected by a producer responsibility organization
under paragraph (1) of subsection (a), the Agency shall
consider the following:

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(1) The stability, maturity, accessibility, and
viability of responsible end markets.
(2) Environmental health and safety considerations.
(3) The anticipated yield loss for the material during
the recycling process.
(4) The material's compatibility with existing
recycling infrastructure.
(5) The amount of the material available.
(6) The practicalities of sorting and storing the
material.
(7) Contamination.
(8) The ability for waste generators to easily
identify and properly prepare the material.
(9) Economic factors.
(10) Environmental factors from a life cycle
perspective.
(d) The Agency shall establish and maintain a uniform
statewide collection list of materials that are appropriate to
be collected through a commingled recycling program. The list
established under this subsection must include the following:
(1) The materials identified by the Agency as suitable
for commingled recycling under paragraph (1) of subsection
(a) and subsection (b).
(2) Covered products if any, proposed by a producer
responsibility organization for addition to the uniform
statewide collection list in a producer responsibility

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program plan or plan amendment and approved by the Agency
under Section 35.
(e) Except as provided in subsection (f), a material may
not be collected as part of a commingled recycling program
unless the material is identified for collection as part of a
commingled recycling program on the uniform statewide
collection list.
(f) A material that is not identified for collection as
part of a commingled recycling program on the uniform
statewide collection list may be collected as part of a
commingled recycling program if:
(1) the material is collected as part of a trial or
research program;
(2) the trial or research program is of limited
duration; and
(3) the trial or research program is conducted in a
limited area.
(g) The Agency shall establish by rule collection targets,
convenience standards, and performance standards for producer
responsibility organizations that collect covered products
identified by the Agency under paragraph (2) of subsection
(a).
Section 100. Specifically identified materials.
(a) The Agency, in consultation with producer
responsibility organizations and the Illinois Recycling System

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Advisory Council, shall establish and maintain a list of
specifically identified materials.
(b) In determining whether a covered product is a
specifically identified material, the Agency shall consider
criteria that include, but need not be limited to, the
following:
(1) Whether recycling processing equipment
improvements are needed to sort the material and when
producer responsibility organizations will fund those
improvements.
(2) The availability of viable responsible end markets
for the material.
(3) Economic factors affecting the value of the
material.
(4) Whether the inclusion of the covered product in
recycling collection programs could cause an increase in
costs.
Section 105. Contamination management fee.
(a) The Agency shall by rule adopt and periodically revise
a contamination management fee to be paid by producer
responsibility organizations to commingled recycling
processing facilities to compensate the facilities for the
costs of removing and disposing covered products that are
contaminants. The amount of the fee shall be based on the
result of the study conducted under subsection (b). Rules

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adopted under this Section must:
(1) provide that payment of the fee may not be
required more frequently than once per month and must be
paid within 45 days after a request for payment;
(2) provide that the fee may not be based on
commingled recycling originating outside of Illinois; and
(3) establish a review process to ensure that the fee
is appropriately charged.
(b) The Agency shall contract with an independent
organization to conduct the study under this subsection. The
study must:
(1) estimate the cost to commingled recycling
processing facilities of removing and disposing of covered
products that are contaminants, reported as the cost per
ton of covered products; and
(2) Estimate the costs to commingled recycling
processing facilities of removing and disposing of all
contaminants, reported as the cost per ton of all
contaminants.
(c) A commingled recycling processing facility that does
not participate in the review process described in subsection
(a) or the study described in subsection (b) is not eligible to
receive a contamination management fee.
(d) Any proprietary information provided to the Agency
under subsection (a) or to a person conducting a study under
subsection (b) may be designated confidential by a commingled

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recycling processing facility. Information designated
confidential is not subject to public disclosure under the
Freedom of Information Act, except that information may be
disclosed as summarized or aggregated data if doing so does
not directly or indirectly disclose the proprietary
information of any specific facility.
(e) The Agency shall review the contamination management
fee at least once every 5 years. The Agency may not review the
contamination management fee more frequently than once per
year.
Section 110. Processor commodity risk fee.
(a) In this Section:
"Anticipated program cost" means all additional costs
related to any new requirements of this Act that are
anticipated prior to the next review of the processor
commodity risk fee under subsection (f).
"Average commodity value" means the average revenue paid
by brokers or end markets, after processing by a commingled
recycling processing facility, for a composite ton of
commingled material collected for recycling in Illinois.
"Eligible processing cost" means all costs associated with
owning and operating a commingled recycling processing
facility as determined by the study conducted under subsection
(c), including, but not limited to, sorting, handling,
storing, disposal, marketing, and shipping, administration,

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rent, fees, depreciation, fixed costs, profit, the target
price paid for commingled recycling collected from Illinois as
described in paragraph (4) of subsection (b), and anticipated
program costs.
"Eligible processing cost" does not include revenue from
the sale of recyclables and any costs that are reimbursed by
producer responsibility organizations or other parties,
including the contamination management fee established under
Section 105.
(b) The Agency shall by rule adopt and periodically revise
a processor commodity risk fee to be paid by producer
responsibility organizations to commingled recycling
processing facilities to ensure that producers share in the
costs of fully processing commingled recyclables that are
covered products and to allow units of local government to
reduce the financial impacts on ratepayers. The processor
commodity risk fee shall be based on the eligible processing
costs of facilities less the average commodity value of
recyclable materials processed by facilities. Rules adopted
under this Section must comply with the following:
(1) Provide that payment of the fee may not be
required more frequently than once per month and must be
paid within 45 days after a request for payment.
(2) Provide that the fee may not be based on
commingled recycling originating outside of Illinois.
(3) Establish a review process to ensure that the fee

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is appropriately charged.
(4) For purposes of calculating the processor
commodity risk fee, allow the average fee charged by
commingled recycling processing facilities for acceptance
of commingled recyclables collected from Illinois to
target a price of $0 per ton, expressed on the basis of
compensation per ton of delivered material.
(5) Provide that the fee is to be paid on the basis of
recyclable material received by or sold from a commingled
recycling processing facility.
(6) Ensure that materials handled by more than one
commingled recycling processing facility are not double
counted for purposes of calculating the fee.
(7) Allow units of local government to protect
ratepayers from cost increases associated with the
volatility of commodity markets.
(8) Establish methods to determine and periodically
update, but no more frequently than once per month, the
average commodity value per ton of commingled materials
collected from single-family residences in Illinois and
from all other sources in Illinois. The methods developed
under this paragraph must include the following:
(A) The average composition of materials by
percentage in each mix, multiplied by published market
values.
(B) The sources of the published market values

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used.
(C) Any adjustments to published market values for
each commodity to reflect conditions in Illinois.
(c) Subject to subsection (f), the Agency shall contract
with an independent organization to conduct the study under
this subsection. The study must:
(1) estimate the average eligible processing cost at
commingled recycling facilities that process commingled
recycling generated in Illinois; and
(2) report the costs on the basis of tons of
commingled recycling received and materials shipped to end
markets.
(d) A commingled recycling facility that does not
participate in the review process described in subsection (b)
or the study described in subsection (c) is not eligible to
receive a processor commodity risk fee.
(e) Any proprietary information provided to the Agency
under subsection (b) or to a person conducting a study under
subsection (c) may be designated confidential by a commingled
recycling processing facility. Information designated
confidential is not subject to public disclosure under the
Freedom of Information Act, except that information may be
disclosed as summarized or aggregated data if doing so does
not directly or indirectly disclose the proprietary
information of any specific facility.
(f) The Agency shall contract for the study under

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subsection (c) to be performed at least once every 5 years. The
Agency may contract for the study under subsection (c) to be
performed no more than once per year. If a study under
subsection (c) demonstrates that the average per-ton eligible
processing cost has changed by more than 10% since the Agency
last established the processor commodity risk fee, the Agency
shall by rule revise the processor commodity risk fee.
Section 115. Evaluation of federal laws.
(a) The Agency shall evaluate any federal law that
establishes a national program for the collection and
recycling of paper products or packaging.
(b) If the Agency determines that the federal law
substantially meets or exceeds the requirements and intent of
this Act, the Agency shall include information on the federal
law in a report to the General Assembly.
Section 120. Litter and marine debris cleanup and
prevention needs assessment.
(a) The Agency shall conduct a statewide needs assessment
to identify the contribution of different types of covered
products to litter and marine debris in Illinois, the general
locations where litter and marine debris prevention and
cleanup of covered products is needed, and the extent to which
litter and marine debris prevention and cleanup is needed.
(b) The needs assessment may include recommendations for

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adding litter and marine debris cleanup and prevention to the
responsibilities of producer responsibility organizations and
recommendations for funding such responsibilities. If the
needs assessment does not include recommendations for adding
new responsibilities for producer responsibility
organizations, the report required under subsection (d) must
include an explanation of why such responsibilities are not
needed to address the issue of litter and marine debris.
(c) In conducting the needs assessment, the Agency shall
consult with units of local government, the Department of
Transportation, the Department of Natural Resources, producer
responsibility organizations, and the Illinois Recycling
System Advisory Council.
(d) The Agency shall provide a written report on its
findings and recommendations for legislation to the Senate
Committee on Environment and Conservation and the House
Committee on Energy and Environment no later than September
15, 2026.
Section 125. Recycling rate of plastic.
(a) In this Section:
"Plastic" means a material composed of synthetic polymers
such as polyethylene, polypropylene, polystyrene, polylactic
acid, and other similar polymers.
"Plastic" does not include materials commonly referred to
as rubber or materials that are naturally produced polymers,

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such as proteins or starches.
(b) It is the goal of the State of Illinois that the
statewide recycling rate for plastic packaging and plastic
food serviceware be:
(1) at least 25% by calendar year 2028 and in each
subsequent year;
(2) at least 50% by calendar year 2040 and in each
subsequent year; and
(3) at least 70% by calendar year 2050 and in each
subsequent year.
Notwithstanding the first paragraph of this subsection,
the Agency by rule, on or after January 1, 2038, and after
consideration of environmental, technical, and economic
conditions, may adjust the statewide plastic recycling goal.
An adjustment to the statewide plastic recycling goal under
this paragraph may not adjust the goal to less than 35% or more
than 70%.
(c) The Agency shall annually determine whether the
statewide plastic recycling goal established under subsection
(b) has been met. The Agency may require a producer
responsibility organization to submit aggregated information
necessary for the Agency to make the determination under this
subsection.
(d) If the Agency determines that the statewide plastic
recycling goal has not been met, each producer responsibility
organization shall, in the manner provided in Section 40,

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amend an existing producer responsibility program plan or
submit a new producer responsibility program plan that
includes actions the organization will take to meet the
statewide plastic recycling goal.
Notwithstanding the requirements of the first paragraph of
this subsection, the Agency may not issue an order or impose a
civil penalty against a producer responsibility organization
for failing to update a producer responsibility program plan
or failing to take actions specified in a producer
responsibility program plan to meet the statewide plastic
recycling goal if, at that time, the recycling rate of plastic
packaging and plastic food serviceware exceeds 50%.
(e) The recycling rate of plastic packaging and plastic
food serviceware is calculated by dividing the total plastic
packaging and plastic food serviceware waste generated and
recycled in this State by the total plastic packaging and
plastic food serviceware waste generated in this State using
the following data, unless otherwise specified by rule by the
Agency:
(1) Data on recycling from relevant surveys and
reports.
(2) Data from relevant waste composition studies,
combined with data on the total amount of solid waste
disposed.
(3) Information submitted by a producer responsibility
organization under subsection (c).

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(4) Other information made available to the Agency to
estimate changes in the generation of plastic waste in
years between the years when waste composition studies are
conducted.
(f) For purposes of determining the recycling rate of
plastic packaging and plastic food serviceware, "plastic"
includes post-consumer packaging and food serviceware products
that are made entirely of plastic or that contain small
amounts of easily removed nonplastic items, such as metal lids
or metal handles on plastic buckets.
Section 130. Contamination reduction.
(a) The Agency shall perform the following:
(1) Establish statewide recycling contamination
reduction goals.
(2) Evaluate the relative cost-effectiveness of
different educational programs and other methods for
reducing contamination.
(3) Establish and maintain a list of approved
contamination reduction program elements, including the
following:
(A) Customer-facing contamination reduction
materials and methods that are responsive to the needs
of diverse populations.
(B) Standards for providing feedback to generators
that contribute to contamination that is responsive to

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the needs of diverse populations.
(C) Standards for providing financial or service
consequences to generators that are significant and
repeated sources of contamination and that continue to
contaminate separated recyclables after being subject
to elements described in subparagraphs (A) and (B).
Consequences must be responsive to the conditions of
diverse populations.
(4) Once every 4 years:
(A) review and summarize statewide information on
contamination at the point of collection, using data
provided in accordance with Section 185, and revise
the statewide recycling contamination reduction goals,
as appropriate; and
(B) provide a written report to the Senate
Committee on Environment and Conservation and the
House Committee on Energy and Environment. The report
must include:
(i) a description of the effectiveness of the
contamination reduction program elements;
(ii) recommendations to maintain, revise, or
discontinue programs developed under this Section;
and
(iii) recommendations regarding the funding of
contamination reduction programming under
subsection (d) of Section 55.

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(b) A unit of local government or a unit of local
government service provider that provides for the collection
of source separated recyclables must establish and implement a
program to reduce contamination that:
(1) includes one or more local recycling contamination
reduction goals that are consistent with the statewide
goals established in subsection (a);
(2) causes collected source separated recyclables to
undergo periodic evaluation of collected material quality
and contamination, in accordance with forms and procedures
established by the Agency under Section 185;
(3) includes:
(A) at least one of each of the program elements
described in subparagraphs (A) through (C) of
paragraph (3) of subsection (a); or
(B) uses materials or methods that are at least as
effective as materials or methods approved by the
Agency under paragraph (3) of subsection (a); and
(4) includes, at least once every 5 years, a process
for reviewing, and revising as appropriate, the local
goals established in paragraph (1) and local elements
established under paragraph (3).
(c) A unit of local government or unit of local government
service provider may not be required to provide contamination
reduction programming under this Section to the extent that
doing so would require the use of funds other than advance

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funding or reimbursements available under subsection (d) of
Section 55.
Section 135. Equity study.
(a) The Agency, in consultation with units of local
government and the Illinois Recycling System Advisory Council,
shall conduct a study of equity in Illinois' recycling system
to determine conditions and make recommendations, including
goals to achieve continuous improvement. The Agency shall
provide public involvement opportunities for underserved
communities during the study. The study must include, but need
not be limited to, the following:
(1) An evaluation of commingled recycling processing
facility worker conditions, wages, and benefits.
(2) The availability of opportunities in the recycling
system for women and minority individuals.
(3) The sufficiency of unit of local government
requirements related to multifamily recycling services and
their implementation.
(4) The sufficiency of recycling education programs
relative to desired equity outcomes.
(5) The availability of opportunities in the recycling
system for Illinois and other Midwest businesses.
(6) Recommendations for improving equity and equitable
outcomes for underserved populations in Illinois'
recycling system, including recommendations for new

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responsibilities of producer responsibility organizations
and recommendations for funding such responsibilities.
(b) Except as provided in the second paragraph of this
subsection, a person operating within the recycling system in
this State shall, upon request, furnish the Agency with
information necessary for the Agency to meet the requirements
of paragraphs (1) and (2) of subsection (a). Proprietary
information furnished to the Agency under paragraph (1) of
subsection (a) is not subject to public disclosure under the
Freedom of Information Act, except that the Agency may
disclose summarized information or aggregated data if the
information or data do not directly or indirectly identify the
proprietary information of any specific person.
This subsection does not apply to any person described as
not included in the definition of "commingled recycling
processing facility" in Section 10.
(c) The Agency shall complete the study required under
this Section at least once every 4 years. The Agency shall
report the results of the study and recommendations required
under this Section to the Senate Committee on Environment and
Conservation and the House Committee on Energy and
Environment.
Section 140. Multifamily housing needs assessment.
(a) The Agency, in consultation with the Illinois
Recycling System Advisory Council, shall conduct a statewide

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needs assessment to determine the challenges facing residents
of multifamily housing and make recommendations for
improvements to allow for effective and equitable recycling
opportunities for residents of multifamily housing. The needs
assessment conducted under this Section must include an
evaluation of the placement of and quality of spaces provided
for recycling containers and recommendations for improving
spaces that are determined to be inadequate. The needs
assessment may include recommendations for new
responsibilities of producer responsibility organizations and
recommendations for funding such responsibilities. If the
needs assessment does not include recommendations for adding
new responsibilities for producer responsibility
organizations, the report required under subsection (b) must
include an explanation of why such responsibilities are not
needed to address the challenges facing residents of
multifamily housing.
(b) The Agency shall complete the needs assessment
required under this Section at least once every 4 years. The
Agency shall report the results of the needs assessment and
recommendations required under this Section to the Senate
Committee on Environment and Conservation and the House
Committee on Energy and Environment.
Section 145. Fees.
(a) The Agency shall establish the following fees:

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(1) A fixed, one-time fee for reviewing a producer
responsibility program plan submitted under Section 30.
(2) Subject to the second sentence of this paragraph,
an annual fee charged to each producer responsibility
organization for the purpose of paying the costs to the
Agency of administering, implementing, and enforcing the
provisions of this Act. The costs to the Agency for
purposes of this paragraph do not include costs to the
Agency for administering, implementing, and enforcing
Sections 175, 180, and 185.
(b) The Agency shall provide notice to a producer
responsibility organization no later than September 1 of each
year of the annual fee required under paragraph (2) of
subsection (a) for the upcoming calendar year. Fees collected
by the Agency under this Section shall be deposited in the
Producer Responsibility Fund established under Section 160.
Section 150. Waste prevention and reuse.
(a) In this Section, "public body" has the meaning given
that term in Section 2 of the Freedom of Information Act.
(b) The Agency shall establish a program to reduce the
environmental impacts of covered products through means other
than waste recovery, including waste prevention and reuse. The
Agency may enter into agreements with public bodies to
establish a program to reduce the environmental impacts of
covered products. The Agency may provide grants or loans in

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order to reduce the environmental impacts of covered products.
Entities eligible for a grant or loan include, but are not
limited to, the following:
(1) Public bodies.
(2) Tribal governments.
(3) Nonprofit organizations.
(4) Private organizations, if the Agency determines
that the funds would be used for the public benefit.
(c) In providing grants or loans for programs under this
Section, the Agency must consider criteria that include, but
are not limited to, the following:
(1) The environmental benefits of the program.
(2) The human health benefits of the program.
(3) The social and economic benefits of the program.
(4) The cost-effectiveness of the program.
(5) The needs of economically distressed or
underserved communities.
(d) In addition to the fees established under Section 145,
the Agency shall establish a waste prevention and reuse fee to
be paid by producer responsibility organizations. The fee
established under this subsection must be reasonably
calculated to support the programs established under this
Section. The fee charged to any producer responsibility
organization may not exceed 10% of the 3-year average of the
organization's annual expenditures, excluding payments of the
fee established under this Section, as described in the

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organizations' annual reports submitted under Section 50. Fees
collected under this subsection must be deposited in the Waste
Prevention and Reuse Fund established under Section 165.
Section 155. Life cycle evaluation. The Agency shall
establish by rule standards for the evaluation and disclosure
of the environmental impacts of covered products through the
life cycle of the products. Rules adopted under this Section
must:
(1) establish procedures and requirements to be used
by producers when evaluating the life cycle impacts of
covered products to obtain an incentive under Section 45
or when required to do so under paragraph (2); and
(2) require large producers to:
(A) once every 2 years, perform an evaluation of
the life cycle impacts of at least 1% of covered
products that the large producer sells or distributes
in or into this State;
(B) provide the results of the evaluation to the
Agency; and
(C) make the evaluation available on the website
of the producer responsibility organization of which
the large producer is a member.
Section 160. Producer Responsibility Fund. The Producer
Responsibility Fund is created as a special fund in the State

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treasury. The Fund shall consist of moneys deposited into the
Fund under Section 145. Moneys in the Fund shall be used by the
Agency to implement, administer, and enforce the this Act.
Section 165. Waste Prevention and Reuse Fund. The Waste
Prevention and Reuse Fund is created as a special fund in the
State treasury. The Fund shall consist of moneys deposited
into the Fund under Section 150 and any other moneys deposited
into the Fund by the General Assembly. Moneys in the Fund shall
be used by the Agency for the purposes described in Section
150.
Section 170. Truth in Labeling Task Force.
(a) The Truth in Labeling Task Force is established.
(b) The task force consists of 15 members appointed as
follows:
(1) The President of the Senate shall appoint one
member from among members of the Senate.
(2) The Speaker of the House of Representatives shall
appoint one member from among members of the House of
Representatives.
(3) The Governor shall appoint the following:
(A) Five members to represent producers.
(B) Three members to represent units of local
government of different population sizes and
geographic locations in this State.

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(C) Four members to represent the recycling
industry, including unit of local government service
providers and processors from different population
sizes and geographic locations in this State.
(D) One member to represent the interests of
environmental organizations.
(c) The task force shall study and evaluate misleading or
confusing claims regarding the recyclability of products made
on a product or product packaging. The study must include
consideration of issues affecting accessibility for diverse
audiences.
(d) A majority of the voting members of the task force
constitutes a quorum for the transaction of business.
(e) Official action by the task force requires the
approval of a majority of the voting members of the task force.
(f) The task force shall elect one of its members to serve
as chairperson.
(g) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(h) The task force shall meet at times and places
specified by the call of the chairperson or of a majority of
the voting members of the task force.
(i) The task force may meet using video conferencing
technology or through some other electronic or virtual means.
(j) The task force may adopt rules necessary for the

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operation of the task force.
(k) The task force shall submit a final report and
recommendations for legislation to the Senate Committee on
Environment and Conservation and the House Committee on Energy
and Environment no later than June 1, 2022.
(l) The Agency shall provide staff support to the task
force.
(m) Members of the General Assembly appointed to the task
force are nonvoting members of the task force and may act in an
advisory capacity only.
(n) Members of the task force who are not members of the
General Assembly are not entitled to compensation or
reimbursement for expenses and serve as volunteers on the task
force.
(o) All agencies of State government are directed to
assist the task force in the performance of the duties of the
task force and, to the extent permitted by laws relating to
confidentiality, to furnish information and advice the members
of the task force consider necessary to perform their duties.
Section 175. Permit required.
(a) On or after the date established by the Agency under
subsection (c), a person may not establish or operate a
commingled recycling processing facility in this State unless
the person obtains a disposal site permit issued by the
Agency.

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(b) A disposal site permit issued to a commingled
recycling processing facility must require the facility to:
(1) sort all materials collected from the public so
that materials do not become contaminants in other waste
streams;
(2) market materials to responsible end markets or to
another commingled recycling processing facility, provided
that the permittee complies with the requirements for a
commingled recycling reload facility under Section 80;
(3) manage contaminants to avoid impacts on other
waste streams or facilities;
(4) refrain from creating a public nuisance or health
hazard, consistent with rules adopted under this Section;
(5) limit air or water pollution or other adverse
impacts on public health or the environment, consistent
with rules adopted under this Section;
(6) evaluate and report on inbound material quality
and contamination, in accordance with forms and procedures
established by the Agency under Section 185;
(7) accurately report outbound contamination levels;
and
(8) for all materials held by the processor:
(A) accurately report the final end market of the
materials; or
(B) obtain a certification that the responsible
end markets for the materials meet standards for

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environmental and social sustainability established by
a program approved by the Agency under subsection (c).
Proprietary information on the final end market of
materials may be designated confidential by the processor and
is not subject to public disclosure under the Freedom of
Information Act, except that the Agency or producer
responsibility organizations may disclose summarized
information or aggregated data if the information or data do
not identify the proprietary information of any specific
processor.
(c) The Agency shall prescribe by rule the requirements
for a permit issued under this Section. Rules adopted under
this subsection shall allow for permitted facilities to
direct, in response to an emergency failure of critical
equipment at their own facility, and on a temporary basis,
small amounts of unsorted inbound materials to other recycling
processing facilities for sorting and recycling so long as
such facilities meet the requirements described in paragraphs
(1), (3), and (7) of subsection (b). Rules adopted under this
Section may include the following:
(1) A schedule for implementing the requirements of
this Section, including the following:
(A) The date by which a person must first obtain a
permit required under this Section.
(B) Dates for the implementation of modified
standards that a person must meet to satisfy the

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requirements of this Section, and the accompanying
standards.
(2) The identification of approved programs for
certifying the environmental and social sustainability of
responsible end markets.
Section 180. Certification program.
(a) The Agency shall establish a program or approve a
program established by a third party to certify commingled
recycling processing facilities located outside of Illinois.
The Agency may issue certificates under the program or develop
a list of approved contractors to issue certificates.
(b) A commingled recycling processing facility certified
under this Section must satisfy the requirements of subsection
(b) of Section 175.
Section 185. Contamination.
(a) The Agency shall establish forms and procedures for
commingled recycling processing and recycling reload
facilities to evaluate and describe levels of inbound
contamination.
(b) Information described in subsection (a) shall be
provided to the Agency and units of local government or unit of
local government service providers responsible for collecting
the materials evaluated.

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Section 190. Enforcement and record keeping.
(a) The Agency has the power to enter upon and inspect, at
any reasonable time, any public or private property, premises,
or place for the purpose of investigating either an actual or
suspected violation of this Act or rules adopted under this
Act.
(b) A producer responsibility organization shall retain
all records related to the implementation and administration
of a producer responsibility program for not less than 5 years
after the time the record was created and make the records
available for inspection by the Agency upon request.
(c) In accordance with the applicable provisions of the
Illinois Administrative Procedures Act relating to contested
case proceedings, the Agency may issue an order requiring
compliance with the provisions of this Act.
(d) In accordance with the applicable provisions of the
Illinois Administrative Procedures Act relating to contested
case proceedings, and in accordance with applicable law, the
Agency may issue civil penalties for violations of the
provisions of this Act. All penalties recovered for violations
of this Act shall be paid into the State Treasury and credited
to the Waste Prevention and Reuse Fund established under
Section 165.
(e) The Agency may issue an order under subsection (c) to
suspend or revoke a producer responsibility program plan if
the Agency determines that:

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(1) a violation or repeated violations of this Act
present a risk to the environment or public health;
(2) a violation has had a material impact on the
implementation and administration of the organization's
producer responsibility program plan; or
(3) a producer responsibility organization is in
violation of subsection (l) of Section 20.
(f) The Attorney General, at the request of the Agency,
may bring an action seeking to prohibit the sale of a covered
product in or into this State against any producer that sells,
offers to sell, or distributes a covered product in or into
this State in violation of Section 20.
(g) Any person with control of materials collected under
this Act shall retain all records related to the person's
responsibilities under this Act for not less than 5 years
after the time the record was created and make the records
available for inspection by the Agency upon request.
(h) A person required to retain records under subsection
(g) shall make the records available to the Agency upon
request of a producer responsibility organization if necessary
to allow the organization to meet its obligations under this
Act.
(i) Proprietary information furnished to the Agency
relating to subsections (g) and (h) may be designated
confidential. Information designated confidential is not
subject to public disclosure under the Freedom of Information

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Act, except that the Agency may disclose summarized
information or aggregated data if the information or data do
not directly or indirectly identify the proprietary
information of a specific person.
Section 195. Truth in composting.
(a) A person who operates or controls a collection program
for yard debris or food waste or that operates or controls a
compost facility may not promote for acceptance any material
that cannot or will not be effectively composted.
(b) The Agency, or entities approved by the Agency, may
conduct research or pilot projects to examine the collection
and compostability of materials and to identify materials that
can and cannot be effectively composted. A pilot or research
project may not exceed 2 years in duration.
(c) Nothing in this Section prevents a composting facility
from accepting materials that are not readily compostable and
are incidentally collected as part of a collection program.
Section 200. Antitrust. The General Assembly declares that
the collaboration of producers through producer responsibility
organizations to develop and implement producer responsibility
program plans is in the best interests of the public.
Therefore, the General Assembly declares its intent that
participating in a producer responsibility organization to
implement a producer responsibility program plan as required

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by this Act shall be exempt from State antitrust laws. The
General Assembly further declares its intent to provide
immunity for participating in a producer responsibility
organization to implement a producer responsibility program
plan as required by this Act from federal antitrust laws. This
Section does not authorize any person to engage in activities
or to conspire to engage in activities that constitute per se
violations of State or federal antitrust laws that are not
authorized under this Act.
Section 205. Rules. The Agency may adopt rules as
necessary to implement this Act.
Section 210. State procurement assessment.
(a) The Department of Central Management Services, in
consultation with the Agency, shall study and assess State
procurement practices as they relate to recycled products,
recycled post-consumer polyethylene terephthalate material
(PETE), and recycled materials. The assessment must include
the following:
(1) An evaluation of State procurement practices
related to recycled materials, including efficacy and
compliance.
(2) A quantitative evaluation of the impact and
effectiveness if a recycled product's costs do not exceed
the costs of nonrecycled products by more than 5% price

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limitation.
(3) A feasibility study of additional opportunities to
increase the purchase of products containing post-consumer
recycled content, including, but not limited to, products
containing post-consumer recycled polyethylene
terephthalate material (PETE) and other plastics.
(4) An evaluation of opportunities for strengthening
traceability and verification requirements associated with
recycled products or recycled materials, especially
recycled plastic.
(5) Recommendations for legislation.
(b) The Department of Central Management Services shall
provide the results of the assessment in a report to the
General Assembly. The Department of Central Management
Services shall revise the initial assessment completed under
this Section every 5 years.
Section 215. Compostability study.
(a) The Agency shall study the compostability of covered
products and the effects of covered products on composting
systems. In conducting the study, the Agency shall:
(1) examine the effects of covered products on compost
facilities and finished compost;
(2) consider trends, challenges, opportunities, and
relevant policies relating to composting and covered
products;

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(3) consider the experience of compost facilities
located in other states; and
(4) develop recommendations for reducing environmental
impacts while maintaining and enhancing the environmental
and economic sustainability of Illinois' compost industry.
(b) In conducting the study, the Agency shall consult with
compost facilities serving Illinois, units of local
government, producer responsibility organizations serving
Illinois, and the Illinois Recycling System Advisory Council.
(c) The Agency shall submit a final report and
recommendations for legislation to the Senate Committee on
Environment and Conservation and the House Committee on Energy
and Environment no later than December 15, 2026.
Section 900. The State Finance Act is amended by adding
Sections 5.970 and 5.971 as follows:
(30 ILCS 105/5.970 new)
Sec. 5.970. The Producer Responsibility Fund.
(30 ILCS 105/5.971 new)
Sec. 5.971. The Waste Prevention and Reuse Fund.
Section 999. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance