Illinois General Assembly - Full Text of SB3764
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Full Text of SB3764  101st General Assembly

SB3764 101ST GENERAL ASSEMBLY

  
  

 


 
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.


LRB101 20222 RJF 69762 b

 

 

A BILL FOR

 

SB3764LRB101 20222 RJF 69762 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5adding Section 45-23 as follows:
 
6    (30 ILCS 500/45-23 new)
7    Sec. 45-23. Single-use plastics prohibition; preference.
8    (a) For the purposes of 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    "Plastic" means a synthetic material made from linking
17monomers through a chemical reaction to create an organic
18polymer chain that can be molded or extruded at high heat into
19various solid forms retaining their defined shapes during their
20life cycle and after disposal.
21    "Recyclable foodware" means items that are designed for
22one-time use for beverages, prepared food, or leftovers from
23meals that are commonly accepted in local curbside residential

 

 

SB3764- 2 -LRB101 20222 RJF 69762 b

1recycling pick up.
2    "Single-use plastic disposable foodware" means containers,
3bowls, straws, plates, trays, cartons, cups, lids, forks,
4spoons, knives, and other items that are designed for one-time
5use for beverages, prepared food, or leftovers from meals that
6are made of plastic, are not compostable, and are not accepted
7in residential curbside recycling pick up.
8    (b) When a State contract is to be awarded to the lowest
9responsible bidder, an otherwise qualified bidder who will
10fulfill the contract through the use of compostable foodware or
11recyclable foodware may be given preference over other bidders
12unable to do so; provided that the bid is not more than 5%
13greater than the cost of products that are single-use plastic
14disposable foodware.
15    (c) After January 1, 2022, State agencies and departments
16may not procure single-use plastic disposable foodware for use
17at any State parks, natural areas, or for use at the Illinois
18State Fair, and instead shall offer only compostable foodware
19or recyclable foodware.
20    (d) After January 1, 2023, or at the renewal of its next
21contract, no vendor contracted through a State agency or
22department may provide customers with single-use plastic
23disposable foodware at any site located at a State park, a
24natural area, or at the Illinois State Fair, and instead shall
25offer only compostable foodware or recyclable foodware.
26    (e) This Section does not apply to the procurement of

 

 

SB3764- 3 -LRB101 20222 RJF 69762 b

1single-use plastic disposable straws if a State agency is
2servicing medically vulnerable persons. Single-use plastic
3disposable straws procured by a State agency or department for
4the purpose of servicing medically vulnerable persons may only
5be given to the person by the State agency, department, or
6vendor if the person requests a single-use plastic disposable
7straw.