Sen. Terry Link
Filed: 2/28/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 303




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    AMENDMENT NO. ______. Amend Senate Bill 303 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Plastic Bag Recycling Act.
 
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    Section 5. Definitions. As used in this Act:
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    "Agency" means the Illinois Environmental Protection 
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Agency.
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    "Consumer" means any person who makes a purchase at retail 
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for any purpose other than resale.
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    "Distributing plastic bags to consumers" means the act of a 
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retailer giving to a consumer a plastic bag to store or 
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transport goods purchased at retail.
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    "Plastic bag" means any plastic, latex,  or polypropylene 
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bag.
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    "Purchase at retail" means the acquisition of the ownership 
 


 






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of or title to tangible personal property through a sale at 
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retail.
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    "Retailer" means a person engaged in the business of
making 
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sales at retail that owns or controls more than 10,000 square 
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feet of retail space in Lake County.
 
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    Section 10. Recycling pilot program in Lake County. 
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    (a) Within 90 days after the first meeting of the Plastic 
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Bag Recycling Task Force, the Task Force shall promulgate 
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procedures and guidelines implementing a voluntary plastic bag 
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recycling pilot program for retailers in Lake County. The 
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Agency shall administer the pilot program under the procedures 
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and guidelines adopted by the Task Force.  
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    Beginning August 1, 2007, retailers, as defined by Section 
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5 of this Act,  that are participating in the pilot program and 
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distributing plastic bags to consumers free of charge as part 
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of a purchase at retail may:
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        (1) implement a plastic bag collection program that 
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    facilitates the return and recycling of plastic bags 
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    distributed to consumers by that retailer;
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        (2) provide a clearly marked receptacle  for the 
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    collection of plastic bags that is in a convenient location 
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    for that retailer's consumers; and
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        (3) arrange for the pick-up, transport, and recycling 
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    of plastic bags deposited in the collection receptacles by 
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    consumers. 
 


 






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    (b) In meeting the pilot program guidelines, retailers may 
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work individually or as part of a group.
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    (c) The provisions of this Section are subject to 
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appropriation.

 
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    Section 15. Task Force. 
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    (a) The Plastic Bag Recycling Task Force is created.  The 
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Task Force shall consist of one legislator appointed by each of 
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the following:  the President of the Senate, the Minority Leader 
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of the Senate, the Speaker of the House of Representatives, and 
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the Minority Leader of the House of Representatives; 3 
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representatives of a statewide association exclusively 
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representing retailers; and one representative from each of the 
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following:
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        (1) a plastic film recycler;
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        (2) an entity operating as a recycling operator of 
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    Material Recovery Facilities receiving material from Lake 
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    County; the entity shall be agreed upon by a representative 
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    of the statewide association exclusively representing 
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    retailers and a representative of the Solid Waste Agency of 
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    Lake County;
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        (3) a national waste hauler operating in Lake County 
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    appointed by a national group representing solid waste 
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    management entities;
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        (4) the Solid Waste Agency of Lake County;
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        (5) the Illinois Environmental Protection Agency; and
 


 






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        (6) the Lake County Board.
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    Within 90 days after the effective date of this Act the 
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Plastic Bag Recycling Task Force shall be formed. The Task 
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Force shall meet at least twice a year. The Agency shall chair 
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the meetings and facilitate the Task Force.
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    (b) On or before March 1, 2011, the Task Force, in 
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collaboration with the Agency, shall compile and submit a 
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report to the Governor, the President of the Senate, the 
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Minority Leader of the Senate, the Speaker of the House of 
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Representatives, and the Minority Leader of the House of 
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Representatives, discussing, but not limited to, the following 
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topics:
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        (1) enrollment in the pilot program;
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        (2) benefits and costs to the environment, retailers, 
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    residents of Lake County;
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        (3) cost-benefit analysis of the pilot program;
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        (4) any burden suffered as a result of the pilot 
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    program; and
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        (5) any unforeseen transportation issues, liability, 
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    or costs for participants in the pilot program.
 
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    Section 90. Repealer. This Act is repealed June 1, 2011.".