Illinois General Assembly - Full Text of SB0058
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Full Text of SB0058  103rd General Assembly


Sen. Laura Fine

Filed: 2/28/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 58 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the State
5Entities Single-Use Plastic Reporting Act.
6    Section 5. Definitions. As used in this Act:
7    "Single-use food serviceware" includes the following:
8        (1) Trays, plates, bowls, clamshells, lids, cups,
9    utensils, stirrers, hinged or lidded containers, and
10    straws.
11        (2) Wraps, wrappers, or bags sold to food service
12    establishments.
13        (3) Styrofoam containers.
14        (4) Plastic bottles.
15    "Single-use plastic" means all of the following:
16        (1) Packaging that is routinely recycled, disposed of,



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1    or discarded after its contents have been used or
2    unpackaged and that is not typically refilled or otherwise
3    reused by its producer.
4        (2) Plastic single-use food serviceware, including,
5    but not limited to, plastic-coated paper or plastic-coated
6    paperboard, paper or paperboard with plastic intentionally
7    added during the manufacturing process, and multi-layer
8    flexible material.
9        (3) Any item described under paragraph (1) or (2) that
10    is purchased by a State agency for use by an employee of
11    that State agency or that is purchased to be provided to a
12    member of the public by that State agency or by another
13    State agency.
14    "Single-use plastic" does not include any of the
16        (1) Packaging used for any of the following products:
17            (A) Products meeting the definitions set forth
18        under 21 U.S.C. 321(g), 21 U.S.C. 321(h), or 21 U.S.C.
19        353(b)(1).
20            (B) Drugs that are used for animal medicines,
21        including, but not limited to, parasiticide products
22        for animals.
23            (C) Products intended for animals that are
24        regulated as animal drugs, biologics, parasiticides,
25        medical devices, or diagnostics used to treat, or to
26        be administered to, animals under the Federal Food,



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1        Drug, and Cosmetic Act, the federal Virus-Serum-Toxin
2        Act, or the Federal Insecticide, Fungicide, and
3        Rodenticide Act.
4            (D) Infant formula, as defined under 21 U.S.C.
5        321(z).
6            (E) Medical food, as defined under 21 U.S.C.
7        360ee(b)(3).
8            (F) Fortified oral nutritional supplements used
9        for persons who require supplemental or sole source
10        nutrition to meet nutritional or special dietary needs
11        directly related to cancer, chronic kidney disease,
12        diabetes, malnutrition, or failure to thrive, as those
13        terms are defined by the International Classification
14        of Diseases, Tenth Revision, published by the World
15        Health Organization.
16            (G) Plastic used in a health care setting for
17        patient care.
18        (2) Packaging used to contain products regulated under
19    the Federal Insecticide, Fungicide, and Rodenticide Act.
20        (3) Plastic packaging containers used to contain and
21    ship products that must be classified for transportation
22    as dangerous goods or hazardous materials under 49 CFR
23    178.
24        (4) Packaging used to contain hazardous or flammable
25    products regulated under 29 CFR 1910.1200.
26    "State agency" means any department, commission, council,



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1board, bureau, committee, institution, agency, university,
2government corporation, authority, or other establishment or
3official of this State. "State agency" includes any
4establishment or official of the State that directly or
5indirectly oversees the State's purchase of any product for
6use in the State.
7    Section 10. State agencies tracking single-use plastic.
8Beginning July 1, 2024, each State agency shall track the
9purchase of single-use plastics on behalf of the State agency
10that do not require procurement contracts. Each State agency
11shall track such information for one year and establish goals
12on reducing single-use plastic purchases based on such
13information. Each State agency shall submit a report of its
14findings to the Governor and the General Assembly on or before
15October 1, 2025.
16    Section 15. The Illinois Procurement Code is amended by
17changing Section 45-26 as follows:
18    (30 ILCS 500/45-26)
19    Sec. 45-26. Environmentally preferable procurement.
20    (a) Definitions. For the purposes of this Section:
21        (1) "Supplies" means all personal property, including
22    but not limited to equipment, materials, printing, and
23    insurance, and the financing of those supplies.



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1        (2) "Services" means the furnishing of labor, time, or
2    effort by a contractor, not involving the delivery of a
3    specific end product other than reports or supplies that
4    are incidental to the required performance.
5        (3) "Environmentally preferable supplies" means
6    supplies that are less harmful to the natural environment
7    and human health than substantially similar supplies for
8    the same purpose. Attributes of environmentally preferable
9    supplies include, but are not limited to, the following:
10                (i) made of recycled materials, to the maximum
11            extent feasible;
12                (ii) not containing, emitting, or producing
13            toxic substances;
14                (iii) constituted so as to minimize the
15            production of waste; and
16                (iv) constituted so as to conserve energy and
17            water resources over the course of production,
18            transport, intended use, and disposal.
19        (4) "Environmentally preferable services" means
20    services that are less harmful to the natural environment
21    and human health than substantially similar services for
22    the same purpose. Attributes of "environmentally
23    preferable services" include, but are not limited to, the
24    following:
25                (i) use of supplies made of recycled
26            materials, to the maximum extent feasible;



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1                (ii) use of supplies that do not contain,
2            emit, or produce toxic substances;
3                (iii) employment of methods that minimize the
4            production of waste; and
5                (iv) employment of methods that conserve
6            energy and water resources or use energy and water
7            resources more efficiently than substantially
8            similar methods.
9    (b) Award of contracts for environmentally preferable
10supplies or services. Notwithstanding any rule, regulation,
11statute, order, or policy of any kind, with the exceptions of
12Sections 45-20 and 45-25 of this Code, State agencies shall
13contract for supplies and services that are environmentally
15    When a State agency is to award a contract to the lowest
16responsible bidder, an otherwise qualified bidder who will
17fulfill the contract through the use of compostable foodware
18or recyclable foodware may be given preference over other
19bidders unable to do so, as long as the bid is not more than 5%
20greater than the cost of products that are single-use plastic
21disposable foodware. The contract awarded the cost preference
22in this subsection (b) shall also include the option of
23providing the State agency with single-use plastic straws.
24    If, however, contracting for an environmentally preferable
25supply or service would impose an undue economic or practical
26hardship on the contracting State agency, or if an



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1environmentally preferable supply or service cannot be used to
2meet the requirements of the State agency, then the State
3agency need not contract for an environmentally preferable
4supply or service. Specifications for contracts, at the
5discretion of the contracting State agency, may include a
6price preference of up to 10% for environmentally preferable
7supplies or services.
8(Source: P.A. 96-197, eff. 1-1-10.)".