SB0058sam001 103RD GENERAL ASSEMBLY

Sen. Laura Fine

Filed: 2/28/2023

10300SB0058sam001 LRB103 04642 LNS 58029 a

AMENDMENT TO SENATE BILL 58

AMENDMENT NO. ______. Amend Senate Bill 58 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the State Entities Single-Use Plastic Reporting Act.

Section 5. Definitions. As used in this Act:

"Single-use food serviceware" includes the following:

(1) Trays, plates, bowls, clamshells, lids, cups, utensils, stirrers, hinged or lidded containers, and straws.

(2) Wraps, wrappers, or bags sold to food service establishments.

(3) Styrofoam containers.

(4) Plastic bottles.

"Single-use plastic" means all of the following:

(1) Packaging that is routinely recycled, disposed of, or discarded after its contents have been used or unpackaged and that is not typically refilled or otherwise reused by its producer.

(2) Plastic single-use food serviceware, including, but not limited to, plastic-coated paper or plastic-coated paperboard, paper or paperboard with plastic intentionally added during the manufacturing process, and multi-layer flexible material.

(3) Any item described under paragraph (1) or (2) that is purchased by a State agency for use by an employee of that State agency or that is purchased to be provided to a member of the public by that State agency or by another State agency.

"Single-use plastic" does not include any of the following:

(1) Packaging used for any of the following products:

(A) Products meeting the definitions set forth under 21 U.S.C. 321(g), 21 U.S.C. 321(h), or 21 U.S.C. 353(b)(1).

(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.

(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or to be administered to, animals under the Federal Food, Drug, and Cosmetic Act, the federal Virus-Serum-Toxin Act, or the Federal Insecticide, Fungicide, and Rodenticide Act.

(D) Infant formula, as defined under 21 U.S.C. 321(z).

(E) Medical food, as defined under 21 U.S.C. 360ee(b)(3).

(F) Fortified oral nutritional supplements used for persons who require supplemental or sole source nutrition to meet nutritional or special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined by the International Classification of Diseases, Tenth Revision, published by the World Health Organization.

(G) Plastic used in a health care setting for patient care.

(2) Packaging used to contain products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act.

(3) Plastic packaging containers used to contain and ship products that must be classified for transportation as dangerous goods or hazardous materials under 49 CFR 178.

(4) Packaging used to contain hazardous or flammable products regulated under 29 CFR 1910.1200.

"State agency" means any department, commission, council, board, bureau, committee, institution, agency, university, government corporation, authority, or other establishment or official of this State. "State agency" includes any establishment or official of the State that directly or indirectly oversees the State's purchase of any product for use in the State.

Section 10. State agencies tracking single-use plastic. Beginning July 1, 2024, each State agency shall track the purchase of single-use plastics on behalf of the State agency that do not require procurement contracts. Each State agency shall track such information for one year and establish goals on reducing single-use plastic purchases based on such information. Each State agency shall submit a report of its findings to the Governor and the General Assembly on or before October 1, 2025.

Section 15. The Illinois Procurement Code is amended by changing Section 45-26 as follows:

(30 ILCS 500/45-26)

Sec. 45-26. Environmentally preferable procurement.

(a) Definitions. For the purposes of this Section:

(1) "Supplies" means all personal property, including but not limited to equipment, materials, printing, and insurance, and the financing of those supplies.

(2) "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports or supplies that are incidental to the required performance.

(3) "Environmentally preferable supplies" means supplies that are less harmful to the natural environment and human health than substantially similar supplies for the same purpose. Attributes of environmentally preferable supplies include, but are not limited to, the following:

(i) made of recycled materials, to the maximum extent feasible;

(ii) not containing, emitting, or producing toxic substances;

(iii) constituted so as to minimize the production of waste; and

(iv) constituted so as to conserve energy and water resources over the course of production, transport, intended use, and disposal.

(4) "Environmentally preferable services" means services that are less harmful to the natural environment and human health than substantially similar services for the same purpose. Attributes of "environmentally preferable services" include, but are not limited to, the following:

(i) use of supplies made of recycled materials, to the maximum extent feasible;

(ii) use of supplies that do not contain, emit, or produce toxic substances;

(iii) employment of methods that minimize the production of waste; and

(iv) employment of methods that conserve energy and water resources or use energy and water resources more efficiently than substantially similar methods.

(b) Award of contracts for environmentally preferable supplies or services. Notwithstanding any rule, regulation, statute, order, or policy of any kind, with the exceptions of Sections 45-20 and 45-25 of this Code, State agencies shall contract for supplies and services that are environmentally preferable.

When a State agency 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, as long as 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 with single-use plastic straws.

If, however, contracting for an environmentally preferable supply or service would impose an undue economic or practical hardship on the contracting State agency, or if an environmentally preferable supply or service cannot be used to meet the requirements of the State agency, then the State agency need not contract for an environmentally preferable supply or service. Specifications for contracts, at the discretion of the contracting State agency, may include a price preference of up to 10% for environmentally preferable supplies or services.

(Source: P.A. 96-197, eff. 1-1-10.)".