HB 4356

Abstract

Creates the Carpet Stewardship Act. Provides that within 60 days after the effective date of the Act, the Director of the Environmental Protection Agency shall appoint specified members to a clearinghouse to administer and implement a carpet stewardship program. Specifies the duties of the clearinghouse. Requires the clearinghouse to be incorporated as a nonprofit. Provides that for all carpet sold in this State, the clearinghouse shall implement, and producers shall finance, a statewide carpet stewardship program that manages the product by reducing the product's waste generation, promotes its carpet recovery and reutilization, and provides for negotiation and execution of agreements to collect, transport, process, and market the old carpet for end-of-life carpet recovery or carpet reutilization. Requires the clearinghouse to submit, by July 1, 2023 and by July 1 every 3 years thereafter, a 3-year plan to the Agency for approval. Specifies the requirements for the plan. Establishes requirements for review of the plan and requirements for producers, retailers, and distributors of carpet. Requires the clearinghouse to submit annual reports to the Agency and pay specified administrative fees. Includes enforcement provisions for the Act. Establishes requirements for State procurement of carpet in the future. Contains other provisions. Effective immediately. State Debt Impact Note (Government Forecasting & Accountability) HB 4356 would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 4356, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that the Director of the Environmental Protection Agency shall (rather than shall attempt to) appoint members of the clearinghouse that reflect the racial and gender diversity of this State. Requires the clearinghouse to hold meetings that are open to the public with reasonable notice of the meeting made publicly available. Requires the clearinghouse's funding mechanism to: (i) be sufficient (rather than to be approved by the Agency as sufficient) to cover the annual costs of the clearinghouse program; and (ii) not charge specified fees to consumers. Provides that the clearinghouse shall remit to the Agency an annual fee of $250,000 to be used for administrative costs (rather than pay the Agency an annual administrative fee of not less than $200,000 and not more than $500,000). Adds a severability provision. Makes other changes. Effective immediately. Home Rule Note (Dept. of Commerce & Economic Opportunity) HB 4356 does not pre-empt home rule authority. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) HB 4356 does not create a State Mandate. Fiscal Note (Illinois Environmental Protection Agency) HB 4356 requires the clearinghouse to pay the Illinois EPA an annual administrative fee between $200,000 and $500,000 for expenses consistent with the Agency's responsibilities under the Act. Illinois EPA anticipates that this administrative fee would cover the resources needed by the Agency. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 4356, as amended by HA 1, will have no impact upon any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 4356, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in House Bill 4356 House Amendment #1; therefore, there are no appraisals to be filed. Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 4356, [as amended by House Amendment l] as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, the legislation will not increase or decrease the number of judges needed in the state of Illinois. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Home Rule Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate under the State Mandates Act Fiscal Note, House Floor Amendment No. 1 (Illinois Environmental Protection Agency) House Amendment #1 to HB 4356 (Gabel) requires the clearinghouse to remit to the Illinois EPA an annual fee of $250,000 to be used for administrative costs pursuant to the Carpet Stewardship Act. Illinois EPA anticipates that this administrative fee would cover the resources needed by the Agency to carry out its responsibilities under the Act.