Full Text of SB3764 101st General Assembly
SB3764 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced 2/14/2020, by Sen. Julie A. Morrison
SYNOPSIS AS INTRODUCED:
Amends the Illinois Procurement Code. Provides that when a State
contract is to be awarded to the lowest responsible bidder, an otherwise
qualified bidder who will fulfill the contract through the use of
compostable foodware or recyclable foodware may be given preference over
other bidders unable to do so. Prohibits the procurement and use of
single-use plastic disposable foodware at State parks, natural areas, and
the Illinois State Fair. Provides that the prohibition does not apply to
the procurement of single-use plastic disposable straws if a State agency
is servicing medically vulnerable persons. Defines terms.
A BILL FOR
|SB3764||LRB101 20222 RJF 69762 b|
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Procurement Code is amended by
adding Section 45-23 as follows:
(30 ILCS 500/45-23 new)
Single-use plastics prohibition; preference.
(a) For the purposes of 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.
"Plastic" means a synthetic material made from linking
monomers through a chemical reaction to create an organic
polymer chain that can be molded or extruded at high heat into
various solid forms retaining their defined shapes during their
life cycle and after disposal.
"Recyclable foodware" means items that are designed for
one-time use for beverages, prepared food, or leftovers from
meals that are commonly accepted in local curbside residential
|SB3764||- 2 -||LRB101 20222 RJF 69762 b|
recycling pick up.
"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 that
are made of plastic, are not compostable, and are not accepted
in residential curbside recycling pick up.
(b) When a State contract is to be awarded to the lowest
responsible bidder, an otherwise qualified bidder who will
fulfill the contract through the use of compostable foodware or
recyclable foodware may be given preference over other bidders
unable to do so; provided that the bid is not more than 5%
greater than the cost of products that are single-use plastic
(c) After January 1, 2022, State agencies and departments
may not procure single-use plastic disposable foodware for use
at any State parks, natural areas, or for use at the Illinois
State Fair, and instead shall offer only compostable foodware
or recyclable foodware.
(d) After January 1, 2023, or at the renewal of its next
contract, no vendor contracted through a State agency or
department may provide customers with single-use plastic
disposable foodware at any site located at a State park, a
natural area, or at the Illinois State Fair, and instead shall
offer only compostable foodware or recyclable foodware.
(e) This Section does not apply to the procurement of
|SB3764||- 3 -||LRB101 20222 RJF 69762 b|
single-use plastic disposable straws if a State agency is
servicing medically vulnerable persons. Single-use plastic
disposable straws procured by a State agency or department for
the purpose of servicing medically vulnerable persons may only
be given to the person by the State agency, department, or
vendor if the person requests a single-use plastic disposable