(415 ILCS 110/2001)

(from Ch. 96 1/2, par. 9751)

Sec. 2001.

Short title.

This Act may be cited as the

Recycled Newsprint Use Act.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.05)

(from Ch. 96 1/2, par. 9752.05)

Sec. 2002.05.

"Consumer of newsprint" means the entity that publishes that portion of a newspaper that is published or printed in this State at daily, weekly, or other short periodic intervals and that contains current news and information of a general interest to the public, exclusive of information that is solely of a commercial nature.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.10)

(from Ch. 96 1/2, par. 9752.10)

Sec. 2002.10.

"Newsprint" means uncoated paper, whether supercalendered or machine finished, of the type generally used for the publication of newspapers. "Newsprint" includes paper made from old newspapers or postconsumer waste paper that has been deinked, using the recycled pulp in lieu of virgin pulp. "Newsprint" includes all grades of paper sold as newsprint, supercalendered uncoated groundwood, or machine finished uncoated groundwood.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.15)

(from Ch. 96 1/2, par. 9752.15)

Sec. 2002.15.

"Old newspaper" means any newsprint that is separated from other types of solid waste or collected separately from other types of solid waste and made available for reuse in making new newsprint and that meets quality standards for use as a raw material in the manufacture of a new paper product.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.20)

(from Ch. 96 1/2, par. 9752.20)

Sec. 2002.20.

"Postconsumer waste paper" means a finished material that normally would be disposed of as a solid waste, having completed its life cycle as a consumer item, including but not limited to printing plant waste paper and old magazine print.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.25)

(from Ch. 96 1/2, par. 9752.25)

Sec. 2002.25.

"Recycled content newsprint" means newsprint in which some percentage of its fiber is recycled fiber.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.30)

(from Ch. 96 1/2, par. 9752.30)

Sec. 2002.30.

"Recycled fiber" means fiber of old newspaper or postconsumer waste paper dissolved into pulp and deinked and used to create recycled content newsprint.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.35)

(from Ch. 96 1/2, par. 9752.35)

Sec. 2002.35.

"Percent recycled fiber" means the percentage of recycled fiber present in a type of recycled content newsprint.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.40)

(from Ch. 96 1/2, par. 9752.40)

Sec. 2002.40.

"Total newsprint usage" means the total amount of newsprint used by a consumer of newsprint in one year.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.45)

(from Ch. 96 1/2, par. 9752.45)

Sec. 2002.45.

"Recycled fiber usage" means the percentage of recycled fibers present in the total newsprint usage of a consumer of newsprint.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002.50)

(from Ch. 96 1/2, par. 9752.50)

Sec. 2002.50.

"Department" means the Department of Commerce and Community Affairs.

(Source: P.A. 89‑445, eff. 2‑7‑96.)

(415 ILCS 110/2002.55)

(from Ch. 96 1/2, par. 9752.55)

Sec. 2002.55.

"Goals" means the targeted aggregate recycled fiber usage which all consumers of newsprint in Illinois will voluntarily achieve.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2002)

(from Ch. 96 1/2, par. 9752)

Sec. 2002.

Definitions.

As used in this Act, the terms defined in the Sections that follow this Section and precede Section 2003 shall have the meaning therein given.

(Source: P.A. 91‑357, eff. 7‑29‑99.)

(415 ILCS 110/2003)

(from Ch. 96 1/2, par. 9753)

Sec. 2003.

Recycled fiber usage.

On and after January 1, 1991, newsprint used in this State by consumers of newsprint shall have an annual average recycled fiber usage consistent with the goals established in this Section. The goals shall increase each year as follows:

(1) 22% beginning January 1, 1991.

(2) 25% beginning January 1, 1992.

(3) 28% beginning January 1, 1993.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2004)

(from Ch. 96 1/2, par. 9754)

Sec. 2004.

Consumer usage certification.

Each consumer of newsprint within the State shall, on or before March 1 of each year, certify to the Department the amount in tons of every type of newsprint used by the consumer of newsprint the previous year and the percentage of recycled fibers present in each type of newsprint, so that the Department can calculate the recycled fiber usage for that consumer of newsprint. All Illinois consumers of newsprint shall submit the first consumer usage certificate by March 1, 1992, for the calendar year 1991. Only consumers of newsprint who provide timely usage certificates shall receive credit for recycled fiber usage.

(Source: P.A. 91‑583, eff. 1‑1‑00.)

(415 ILCS 110/2005)

(from Ch. 96 1/2, par. 9755)

Sec. 2005.

Audit.

Every consumer of newsprint who submits recycled fiber usage certification may be subject to an audit by the Department to ensure that the recycled fiber percentage requirement was met.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2006)

(from Ch. 96 1/2, par. 9756)

Sec. 2006.

Supplier certification.

Each person who supplies a consumer of newsprint with newsprint shall certify the percentage of recycled fibers contained in each shipment to each consumer of newsprint. If a shipment contains no recycled fibers, the supplier shall so certify.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2007)

(from Ch. 96 1/2, par. 9757)

Sec. 2007.

List identifying consumers and suppliers.

For the purposes of implementing and enforcing this Act, the Department shall develop and maintain a list that identifies every consumer of newsprint in Illinois and every person who supplies a consumer of newsprint with newsprint. The Department may use information from local business permits, trade publications, or any other relevant information to develop the list.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2008)

(from Ch. 96 1/2, par. 9758)

Sec. 2008.

Comparable quality standards.

(a) For the purposes of implementing and enforcing this Act, the Department shall set comparable quality standards for each of the grades of newsprint available from all suppliers of newsprint to determine the comparable quality of recycled content newsprint to virgin material. The standards shall be based on the average numerical standards of printing opacity, brightness level, and cross machine tear strength.

(b) The Department shall review its standards at least once every 2 years and determine whether they should be adjusted to reflect changes in industry standards and practices, and if so, the Department shall set new standards.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2009)

(from Ch. 96 1/2, par. 9759)

Sec. 2009.

(Repealed).

(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)

(415 ILCS 110/2010)

(from Ch. 96 1/2, par. 9760)

Sec. 2010.

Content of delivered newsprint.

If any person knowingly provides a consumer of newsprint with a false or misleading certificate concerning the recycled fiber percentage of the delivered newsprint, the Department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2011)

(from Ch. 96 1/2, par. 9761)

Sec. 2011.

Consumer use certificate.

Any consumer of newsprint who knowingly provides the Department with a false or misleading certificate concerning the percentage of recycled fiber used commits a Class C misdemeanor, and the Department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2012)

(from Ch. 96 1/2, par. 9762)

Sec. 2012.

Prices; confidential proprietary information.

Specific information on newsprint prices included as part of a certificate submitted to the Department by newsprint consumers or suppliers is proprietary information and shall not be made available to the general public.

(Source: P.A. 86‑1443.)

(415 ILCS 110/2013)

(from Ch. 96 1/2, par. 9763)

Sec. 2013.

Mandatory recycling.

(a) If the Department determines that the 1993 annual aggregate average of recycled fiber usage does not meet or exceed the goal established in Section 2003 of this Act, the provisions of this Section shall be implemented.

(b) During the year 1994 every consumer of newsprint in Illinois shall be required to ensure that its recycled fiber usage is at least 28%, unless he complies with subsection (c) or (d).

(c) If recycled content newsprint cannot be found that meets quality standards established by the Department, or if recycled content newsprint cannot be found in sufficient quantities to meet recycled fiber usage requirements within a given year, or if recycled newsprint cannot be found at a price comparable to that of newsprint made from 100% virgin fibers, the consumer of newsprint shall so certify to the Department and provide the Department with the specific reasons for failing to meet recycled fiber usage requirements.

(d) A consumer of newsprint who has made previous contracts with newsprint suppliers before January 1, 1991, may be exempt from the requirements of this Act if those requirements are in conflict with the agreements set forth in the contract. The consumer of newsprint must conform to the conditions of this Act immediately upon expiration or nullification of the contract. Contracts may not be entered into or renewed as an attempt to evade the requirements of this Act.

(e) Any consumer of newsprint who knowingly provides the Department with a false or misleading certificate concerning why the consumer of newsprint was unable to obtain the minimum amount of recycled content newsprint needed to achieve the recycled fiber usage requirements, commits a Class C misdemeanor, and the Department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution.

(f) Any person who knowingly violates subsection (b) of this Section is guilty of a business offense punishable by a fine of not more than $1,000.

(Source: P.A. 90‑655, eff. 7‑30‑98.)