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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Procurement Code is amended by
adding Section 45-23 as follows:
(30 ILCS 500/45-23 new)
Single-use plastics prohibition; preference.
(a) For the purposes of 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.
"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 retaining their defined shapes during
their life cycle and after disposal.
"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
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residential recycling pick up.
"Single-use plastic disposable 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 and
that are made of plastic, are not compostable, and are not
accepted in residential curbside recycling pick up.
(b) When a State agency or institution of higher education
is to award a contract 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;
provided that the bid is not more than 5% greater than the cost
of products that are single-use plastic disposable foodware.
The contract awarded the cost preference in this subsection
(b) shall also include the option of providing the State
agency or institution of higher education with single-use
(c) After January 1, 2023, State agencies and departments
may not procure single-use plastic disposable foodware for use
at any State parks or natural areas, and instead shall offer
only compostable foodware or recyclable foodware for use at
State parks or natural areas.
(d) After January 1, 2024, or at the renewal of its next
contract, whichever occurs later, no vendor contracted through
a State agency or department may provide customers with