Public Act 0470 103RD GENERAL ASSEMBLY

SB0058 Enrolled LRB103 04642 CPF 49650 b

Public Act 103-0470

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the State Entities Single-Use Plastic Reporting Act.

Section 5. Definitions. As used in this Act:

"Single-use plastic disposable foodware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are made of plastic, are not compostable, and are not accepted in residential curbside recycling pick up.

"State agency" means any department, commission, council, board, bureau, committee, institution, agency, university, government corporation, authority, or other establishment or official of this State. "State agency" includes any establishment or official of the State that directly or indirectly oversees the State's purchase of any product for use in the State.

Section 10. State agencies tracking single-use plastic disposable foodware.

(a) Beginning July 1, 2024, each State agency shall:

(1) track its own purchases of single-use plastic disposable foodware that are less than $2,000 or otherwise not reduced to writing; and

(2) establish goals on reducing single-use plastic disposable foodware purchases based on the tracked purchases.

(b) Each State agency shall submit a report of its findings regarding the matters in subsection (a) to the Governor and the General Assembly on or before October 1, 2025.

Section 905. The Illinois Procurement Code is amended by adding Section 45-24 as follows:

(30 ILCS 500/45-24 new)

Sec. 45-24. Single-use plastics prohibition; preference.

(a) As used in this Section:

"Compostable" means that the item meets the ASTM D6400 standard of compostability and has been certified by the Biodegradable Products Institute as compostable.

"Compostable foodware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals that are compostable.

"Disposable food service container" means serviceware designed for one-time use. "Disposable food service container" includes, but is not limited to, serviceware for take-out foods, bakery products, and leftovers from partially consumed meals. "Disposable food service container" does not include polystyrene foam coolers, egg carton containers, ice chests that are used for the processing or shipping of seafood or service ware that is used to contain, transport, or otherwise package raw, uncooked, or butchered meat, poultry, fish, or seafood.

"Polystyrene foam" means blown polystyrene and expanded or extruded foams using a styrene monomer.

"Recyclable foodware" means items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are commonly accepted in local curbside residential recycling pick up.

"Serviceware" means a container, bowl, plate, tray, carton, cup, lid, or other item designed to contain, transport, serve, or aid in the consumption of food or beverages.

"State agency" has the meaning given to that term in Section 1-15.100 of this Code.

(b) After January 1, 2025, State agencies and departments may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any State agency or department and instead shall offer only compostable foodware or recyclable foodware for use at the State agency or department.

(c) After January 1, 2026, or at the renewal of its next contract, whichever occurs later, no vendor contracted through a State agency or department may provide customers with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the State, and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the State.

Section 999. Effective date. This Act takes effect upon becoming law.

Effective Date: 8/4/2023