HB1087 104TH GENERAL ASSEMBLY

LRB104 05569 LNS 15599 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1087

Introduced 1/9/2025, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.88 new
105 ILCS 5/34-18.88 new

Amends the School Code. Provides that, after January 1, 2027, a school district may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any school and instead shall offer only compostable foodware or recyclable foodware for use at the school. Provides that, after January 1, 2028 or at the renewal of its next contract, whichever occurs later, no vendor contracted through a school district may provide a school with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the school district and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the school district.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by adding Sections 10-20.88 and 34-18.88 as follows:

(105 ILCS 5/10-20.88 new)

Sec. 10-20.88. Single-use plastics prohibition.

(a) As used in 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.

"Disposable food service container" means serviceware designed for one-time use. "Disposable food service container" includes, but is not limited to, serviceware for take-out foods, bakery products, and leftovers from partially consumed meals. "Disposable food service container" does not include polystyrene foam coolers, egg carton containers, ice chests that are used for the processing or shipping of seafood, or serviceware 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.

"Recyclable foodware" means items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are commonly accepted in local curbside residential recycling pick up.

"Serviceware" 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.

(b) After January 1, 2027, a school district may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any school and instead shall offer only compostable foodware or recyclable foodware for use at the school.

(c) After January 1, 2028 or at the renewal of its next contract, whichever occurs later, no vendor contracted through a school district may provide a school with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the school district and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the school district.

(105 ILCS 5/34-18.88 new)

Sec. 34-18.88. Single-use plastics prohibition.

(a) As used in 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.

"Disposable food service container" means serviceware designed for one-time use. "Disposable food service container" includes, but is not limited to, serviceware for take-out foods, bakery products, and leftovers from partially consumed meals. "Disposable food service container" does not include polystyrene foam coolers, egg carton containers, ice chests that are used for the processing or shipping of seafood, or serviceware 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.

"Recyclable foodware" means items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are commonly accepted in local curbside residential recycling pick up.

"Serviceware" 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.

(b) After January 1, 2027, the school district may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any school and instead shall offer only compostable foodware or recyclable foodware for use at the school.

(c) After January 1, 2028 or at the renewal of its next contract, whichever occurs later, no vendor contracted through the school district may provide a school with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the school district and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the school district.