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.


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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB1087LRB104 05569 LNS 15599 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Sections
510-20.88 and 34-18.88 as follows:
 
6    (105 ILCS 5/10-20.88 new)
7    Sec. 10-20.88. Single-use plastics prohibition.
8    (a) As used in this Section:
9    "Compostable" means that the item meets the ASTM D6400
10standard of compostability and has been certified by the
11Biodegradable Products Institute as compostable.
12    "Compostable foodware" means containers, bowls, straws,
13plates, trays, cartons, cups, lids, forks, spoons, knives, and
14other items that are designed for one-time use for beverages,
15prepared food, or leftovers from meals that are compostable.
16    "Disposable food service container" means serviceware
17designed for one-time use. "Disposable food service container"
18includes, but is not limited to, serviceware for take-out
19foods, bakery products, and leftovers from partially consumed
20meals. "Disposable food service container" does not include
21polystyrene foam coolers, egg carton containers, ice chests
22that are used for the processing or shipping of seafood, or
23serviceware that is used to contain, transport, or otherwise

 

 

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1package raw, uncooked, or butchered meat, poultry, fish, or
2seafood.
3    "Polystyrene foam" means blown polystyrene and expanded or
4extruded foams using a styrene monomer.
5    "Recyclable foodware" means items that are designed for
6one-time use for beverages, prepared food, or leftovers from
7meals and that are commonly accepted in local curbside
8residential recycling pick up.
9    "Serviceware" means a container, bowl, plate, tray,
10carton, cup, lid, or other item designed to contain,
11transport, serve, or aid in the consumption of food or
12beverages.
13    (b) After January 1, 2027, a school district may not
14procure disposable food service containers that are composed
15in whole or in part from polystyrene foam for use at any school
16and instead shall offer only compostable foodware or
17recyclable foodware for use at the school.
18    (c) After January 1, 2028 or at the renewal of its next
19contract, whichever occurs later, no vendor contracted through
20a school district may provide a school with disposable food
21service containers that are composed in whole or in part from
22polystyrene foam at any site owned or leased by the school
23district and instead shall offer only compostable foodware or
24recyclable foodware for use at sites owned or leased by the
25school district.
 

 

 

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1    (105 ILCS 5/34-18.88 new)
2    Sec. 34-18.88. Single-use plastics prohibition.
3    (a) As used in this Section:
4    "Compostable" means that the item meets the ASTM D6400
5standard of compostability and has been certified by the
6Biodegradable Products Institute as compostable.
7    "Compostable foodware" means containers, bowls, straws,
8plates, trays, cartons, cups, lids, forks, spoons, knives, and
9other items that are designed for one-time use for beverages,
10prepared food, or leftovers from meals that are compostable.
11    "Disposable food service container" means serviceware
12designed for one-time use. "Disposable food service container"
13includes, but is not limited to, serviceware for take-out
14foods, bakery products, and leftovers from partially consumed
15meals. "Disposable food service container" does not include
16polystyrene foam coolers, egg carton containers, ice chests
17that are used for the processing or shipping of seafood, or
18serviceware that is used to contain, transport, or otherwise
19package raw, uncooked, or butchered meat, poultry, fish, or
20seafood.
21    "Polystyrene foam" means blown polystyrene and expanded or
22extruded foams using a styrene monomer.
23    "Recyclable foodware" means items that are designed for
24one-time use for beverages, prepared food, or leftovers from
25meals and that are commonly accepted in local curbside
26residential recycling pick up.

 

 

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1    "Serviceware" means a container, bowl, plate, tray,
2carton, cup, lid, or other item designed to contain,
3transport, serve, or aid in the consumption of food or
4beverages.
5    (b) After January 1, 2027, the school district may not
6procure disposable food service containers that are composed
7in whole or in part from polystyrene foam for use at any school
8and instead shall offer only compostable foodware or
9recyclable foodware for use at the school.
10    (c) After January 1, 2028 or at the renewal of its next
11contract, whichever occurs later, no vendor contracted through
12the school district may provide a school with disposable food
13service containers that are composed in whole or in part from
14polystyrene foam at any site owned or leased by the school
15district and instead shall offer only compostable foodware or
16recyclable foodware for use at sites owned or leased by the
17school district.