Vetoed by Governor Pat Quinn

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that requires manufactures of plastic bags to register with the Environmental Protection Agency and develop recycling plans.

Highlights:

• Requires manufacturers of plastic bags to register with the Illinois Environmental Protection Agency (EPA) and pay an annual registration fee of $500 by July 1 of the year the manufacturer applies, effective July 1, 2013 (Sec. 15).

• Requires a manufacturer to label plastic bags with its name or its EPA assigned vendor number prior to selling or distributing the plastic bags, effective July 1, 2013 (Sec. 20).

• Requires the manufacturer of plastic bags to develop and implement a collection and recycling plan that includes, but is not limited to, the following (Sec. 25):
• A description of the recycling program, including collection locations and events;
• A description of how the plan will be implemented;
• A description of performance measures that will be used to document plastic collection efforts;
• A description of their public education plan for the reuse and recycling of plastic bags and plastic film product wrap; and
• The address of the manufacturer in order for consumers to submit comments on the recycling plan.

• Requires the manufacturer's plan to be posted on the EPA's website for a 30 day public comment period and requires the manufacturer to address the comments and make adjustments accordingly, effective September 1, 2013 (Secs. 25 & 35).

• Requires each manufacturer to submit an annual report that includes, but is not limited to, the following information (Sec. 25):
• Proof that by 2014, 75 percent of the state's population resides within 10 miles of a plastic bag and plastic film product wrap collection site and collection sites are in at least 90 percent of counties; and
• Proof that by 2015, 80 percent of the state's population resides within 10 miles of a plastic bag and plastic film product wrap collection site and collection sites are in at least 90 percent of counties.

• Prohibits any retailer, wholesaler, or distributor from purchasing plastic bags from a manufacturer who has not done any of the following, effective January 1, 2014 (Sec. 30):
• Registered with the EPA;
• Submitted a collection and recycling plan to the EPA; and
• Labeled the bag with the manufacturer’s name or the manufacturer’s vendor number.

• Specifies that any manufacturer, distributer, or wholesaler who violates the provisions of this bill is subject to a civil penalty of no more than $1,000 (Sec. 50).

• Requires the director of the EPA to report to the General Assembly no later than October 1, 2016 on the results of the plastic bag and film wrap collection and recycling program (Sec. 55).

• Specifies that regulating the collection, recycling, sale, or use of plastic bags and film wrap, including the ability to prohibit these products is an exclusive power and function of the State unless the population of a city exceeds 2 million (Sec. 65).

• Exempts cities with a population of over 2 million from the provisions of this bill (Sec. 60).

• Specifies that any municipality that has a plastic bag and film take-back law in effect since January 1, 2012 may continue the program created by the ordinance as long as the following apply (Sec. 65):
• The program is not more restrictive than the provisions of this bill; and
• The ordinance is not altered so that the program is made more restrictive than the one already in effect.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires manufacturers of plastic bags to register with the Environmental Protection Agency and develop recycling plans.

Highlights:

• Requires manufacturers of plastic bags to register with the Illinois Environmental Protection Agency (EPA) and pay an annual registration fee of $500 by July 1 of the year the manufacturer applies, effective July 1, 2013 (Sec. 15).

• Requires a manufacturer to label plastic bags with its name or its EPA assigned vendor number prior to selling or distributing the plastic bags, effective July 1, 2013 (Sec. 20).

• Requires the manufacturer of plastic bags to develop and implement a collection and recycling plan that includes, but is not limited to, the following (Sec. 25):
• A description of the recycling program, including collection locations and events;
• A description of how the plan will be implemented;
• A description of performance measures that will be used to document plastic collection efforts;
• A description of their public education plan for the reuse and recycling of plastic bags and plastic film product wrap; and
• The address of the manufacturer in order for consumers to submit comments on the recycling plan.

• Requires the manufacturer's plan to be posted on the EPA's website for a 30 day public comment period and requires the manufacturer to address the comments and make adjustments accordingly, effective September 1, 2013 (Secs. 25 & 35).

• Requires each manufacturer to submit an annual report that includes, but is not limited to, the following information (Sec. 25):
• Proof that by 2014, 75 percent of the state's population resides within 10 miles of a plastic bag and plastic film product wrap collection site and collection sites are in at least 90 percent of counties; and
• Proof that by 2015, 80 percent of the state's population resides within 10 miles of a plastic bag and plastic film product wrap collection site and collection sites are in at least 90 percent of counties.

• Prohibits any retailer, wholesaler, or distributor from purchasing plastic bags from a manufacturer who has not done any of the following, effective January 1, 2014 (Sec. 30):
• Registered with the EPA;
• Submitted a collection and recycling plan to the EPA; and
• Labeled the bag with the manufacturer’s name or the manufacturer’s vendor number.

• Specifies that any manufacturer, distributer, or wholesaler who violates the provisions of this bill is subject to a civil penalty of no more than $1,000 (Sec. 50).

• Requires the director of the EPA to report to the General Assembly no later than October 1, 2016 on the results of the plastic bag and film wrap collection and recycling program (Sec. 55).

• Specifies that regulating the collection, recycling, sale, or use of plastic bags and film wrap, including the ability to prohibit these products is an exclusive power and function of the State unless the population of a city exceeds 2 million (Sec. 65).

• Exempts cities with a population of over 2 million from the provisions of this bill (Sec. 60).

• Specifies that any municipality that has a plastic bag and film take-back law in effect since January 1, 2012 may continue the program created by the ordinance as long as the following apply (Sec. 65):
• The program is not more restrictive than the provisions of this bill; and
• The ordinance is not altered so that the program is made more restrictive than the one already in effect.

Full Bill Text