[CORRECTION] Illinois bag recycling bill back in Senate

By Henry Leineweber, Resource Recycling

Plastics Recycling Update spoke too soon when it declared Illinois Senate Bill 3442 dead. The extended producer responsibility program for plastic bags initially failed a vote in the state's House of Representatives on May 24, but has since passed and been sent back to the Illinois Senate for concurrence.

Senate Bill 3442 creates a producer responsibility system requiring plastic bag, film and wrap manufacturers to register with the Illinois Environmental Protection Agency, pay initial and annual fees, and develop a collection and recycling program. Manufacturers would be required to prove improved access to recycling and collection services for plastic bags and film. Failing to register for the program would bar manufacturers from selling or distributing their items in the state.

The bill has a controversial provision regarding "home rule" powers outlined in the bill. The plastic bag and film industry had supported SB 3442 and lobbied for the passage of the bill. However, while SB 3442 would have allowed any local government with a ban on plastic bags or film prior to January 1, 2012 to continue their ban, the bill would have limited the ability of new bans to be enacted. Because the bill would have preempted home rule authority, a supermajority of 71 votes was needed to pass the Illinois House. SB 3442 missed this threshold by one vote, with many House Democrats voting against final passage on May 24. On May 30, however — after Plastics Recycling Update went to press — the bill passed with 72 votes.

SB 3442 now heads back to the Senate for concurrence on amendments made in the Illinois House, which relate to home rule powers and the expansion of the bill to include dry cleaning bags and newspaper bags.

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