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Sen. Laura Fine
Filed: 1/11/2022
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| 1 | | AMENDMENT TO SENATE BILL 1973
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1973 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Environmental Protection Act is amended by |
| 5 | | adding Section 52.11 as follows:
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| 6 | | (415 ILCS 5/52.11 new) |
| 7 | | Sec. 52.11. Disposable food service containers. |
| 8 | | (a) As used in this Section: |
| 9 | | "Disposable food service container" means serviceware |
| 10 | | designed for one-time use. "Disposable food service container" |
| 11 | | includes, but is not limited to, serviceware for takeout |
| 12 | | foods, packaged meat, eggs, bakery products, and leftovers |
| 13 | | from partially consumed meals. |
| 14 | | "Polystyrene foam" means blown polystyrene and expanded or |
| 15 | | extruded foams using a styrene monomer. |
| 16 | | "Serviceware" means a container, bowl, plate, tray, |
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| 1 | | carton, cup, lid, or other item designed to be used for |
| 2 | | prepared foods. |
| 3 | | "Store" means a retail establishment in the State, |
| 4 | | including, but not limited to, a convenience store, |
| 5 | | restaurant, grocery store, pharmacy, seasonal or temporary |
| 6 | | business, farm stand, or other retail seller of goods to the |
| 7 | | ultimate consumer for direct use or consumption and not for |
| 8 | | resale. |
| 9 | | (b) Beginning January 1, 2023, a store may not sell or |
| 10 | | distribute in this State a disposable food service container |
| 11 | | that is composed in whole or in part of polystyrene foam. |
| 12 | | (c) The Agency shall establish a 12-month financial waiver |
| 13 | | request form. The request for financial waiver is only |
| 14 | | applicable to the following entities: |
| 15 | | (1) A food pantry. |
| 16 | | (2) A soup kitchen. |
| 17 | | (3) A not-for-profit corporation that provides food to |
| 18 | | needy individuals at no or nominal charge. |
| 19 | | (4) A federal, State, or local government agency that |
| 20 | | provides food to needy individuals at no or nominal |
| 21 | | charge. |
| 22 | | (5) A restaurant with an annual gross income under |
| 23 | | $500,000 per location as stated on the restaurant's income |
| 24 | | tax filing for the most recent tax year. |
| 25 | | (d) The Agency shall review each financial waiver request |
| 26 | | submitted under subsection (c) and shall grant a waiver if any |
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| 1 | | entity listed in subsection (c) demonstrates that there is no |
| 2 | | alternative product of comparable cost that is not composed of |
| 3 | | expanded polystyrene foam and that the purchase or use of an |
| 4 | | alternative product that is not composed of expanded |
| 5 | | polystyrene foam would create an undue financial hardship. A |
| 6 | | financial waiver request may apply to one or more disposable |
| 7 | | food service containers sold, offered for sale, or distributed |
| 8 | | by any entity listed in subsection (c). |
| 9 | | (e) The Agency shall adopt rules to implement the |
| 10 | | provisions of this Section.
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| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law.".
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