SB3764 101ST GENERAL ASSEMBLY

LRB101 20222 RJF 69762 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3764

Introduced 2/14/2020, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

30 ILCS 500/45-23 new

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

AN ACT concerning finance.

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

Section 5. The Illinois Procurement Code is amended by adding Section 45-23 as follows:

(30 ILCS 500/45-23 new)

Sec. 45-23. 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 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 disposable foodware.

(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 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 straw.