HB2376sam001 103RD GENERAL ASSEMBLY

Sen. Laura Fine

Filed: 4/21/2023

10300HB2376sam001 LRB103 25377 LNS 60768 a

AMENDMENT TO HOUSE BILL 2376

AMENDMENT NO. ______. Amend House Bill 2376 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 52.11 as follows:

(415 ILCS 5/52.11 new)

Sec. 52.11. Disposable food service containers.

(a) In this Section:

"Disposable food service container" means service ware designed for one-time use. "Disposable food service container" includes, but is not limited to, service ware for take-out foods, bakery products, and leftovers from partially consumed meals. "Disposable food service container" does not include polystyrene foam coolers or 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.

"Service ware" 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 facility" means any facility (i) that is owned and operated by the State or leased and operated by the State and (ii) that is the primary stationary work location for 25 or more State employees. "State facility" does not include any facility under the jurisdiction of the legislative branch, including the Auditor General, or the judicial branch.

(b) Beginning January 1, 2024, a State facility may not sell or distribute a disposable food service container that is composed in whole or in part of polystyrene foam.

(c) The prohibition in subsection (b) does not apply to (i) an entity that receives State funds to provide food to needy individuals at no or nominal charge or (ii) a State agency that provides food to needy individuals at no or nominal charge.

Section 99. Effective date. This Act takes effect upon becoming law.".