HB4448 103RD GENERAL ASSEMBLY

LRB103 36836 JAG 66947 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4448

Introduced 1/16/2024, by Rep. Suzanne M. Ness

SYNOPSIS AS INTRODUCED:

415 ILCS 15/14 new

Amends the Solid Waste Planning and Recycling Act. Provides that, beginning 18 months after the amendatory Act's effective date, (1) no store or food service business shall provide or sell a single-use plastic carryout bag to a customer and (2) no grocery store shall provide or sell a single-use paper carryout bag to a customer. Preempts home rule. Contains other provisions. Effective immediately.

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Solid Waste Planning and Recycling Act is amended by adding Section 14 as follows:

(415 ILCS 15/14 new)

Sec. 14. Plastic bag reduction.

(a) In this Section:

"Carryout bag" means a bag that is provided by a store or food service business to a customer for the purpose of transporting groceries, prepared foods, or retail goods. "Carryout bag" does not include:

(1) a bag used solely to contain or wrap uncooked meat, fish, or poultry;

(2) a bag used solely to package loose items such as fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers, or small hardware items;

(3) a bag used solely to contain live animals, such as fish or insects, sold in a pet store;

(4) a bag used solely to contain food that is sliced or prepared to order, including, but not limited to, soup or hot food;

(5) a laundry, drycleaning, or garment bag;

(6) a bag provided by a pharmacy to carry prescription drugs;

(7) a newspaper bag; and

(8) any bag similar to those listed above, as determined by the Agency by rule, regulation, or guidance.

"Food service business" means a business that sells or provides food for consumption on or off the business' premises. "Food service business" includes, but is not limited to, any restaurant, cafe, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, movie theater, business cafeteria, or institutional cafeteria such as those operated by or on behalf of a governmental entity.

"Grocery store" means a self-service retail establishment that occupies at least 2,500 square feet and that sells household foodstuffs for off-site consumption, including, but not limited to, fresh produce, meat, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. "Grocery store" does not include an establishment that handles only prepackaged food that does not require time or temperature controls for food safety.

"Hemp product" means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% that is derived from or made by processing a hemp plant or hemp plant part and prepared in a form that is available for commercial sale.

"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 and retain their defined shapes during their life cycle and after disposal.

"Reusable carryout bag" means a carryout bag that:

(1) is made of polypropylene, PET nonwoven fabric, nylon, cloth, a hemp product, or another machine-washable fabric;

(2) has stitched handles; and

(3) is designed and manufactured for multiple reuses.

"Single-use paper carryout bag" means a carryout bag made of paper that is not a reusable carryout bag.

"Single-use plastic carryout bag" means a carryout bag made of plastic that is not a reusable carryout bag.

"Store" means a grocery store, convenience store, liquor store, pharmacy, drug store, or other retail establishment.

(b) Beginning 18 months after the effective date of this amendatory Act of the 103rd General Assembly:

(1) no store or food service business shall provide or sell a single-use plastic carryout bag to a customer; and

(2) no grocery store shall provide or sell a single-use paper carryout bag to a customer.

(c) The regulation of single-use plastic carryout bags and single-use paper carryout bags is an exclusive power and function of the State. A home rule unit may not regulate single-use plastic carryout bags or single-use paper carryout bags. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 99. Effective date. This Act takes effect upon becoming law.