SB1872sam001 104TH GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 3/12/2025

10400SB1872sam001 LRB104 08580 BDA 23571 a

AMENDMENT TO SENATE BILL 1872

AMENDMENT NO. ______. Amend Senate Bill 1872 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Single-Use Plastic Bag Reduction Act.

Section 5. Definitions. As used in this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Consumer" means any person who makes a purchase at retail.

"Person" means an individual, natural person, public or private corporation, government, partnership, unincorporated association, or other entity.

"Plastic" means an organic or petroleum-derived synthetic or semisynthetic solid material synthesized by the polymerization of organic substances that is moldable into various rigid and flexible forms and to which additives or other substances may have been added. "Plastic" does not include natural polymers that have not been chemically modified.

"Primarily engaged in the sale of ready-to-eat food for immediate consumption" means having sales of ready-to-eat food for immediate consumption comprising at least 51% of the total sales, excluding the sale of liquor.

"Recycled paper bag" means a paper bag that:

(1) is 100% recyclable; and

(2) contains at least 40% post-consumer recycled material.

"Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption.

"Retail mercantile establishment" means a business that makes sales at retail and generates occupation or use tax revenue. "Retail mercantile establishment" does not include a restaurant or a small retail mercantile establishment.

"Reusable bag" means a bag with threaded stitched handles that:

(1) is designed and manufactured for multiple uses;

(2) can carry 22 pounds for a distance of 175 feet; and

(3) is made of cloth, fiber, or other fabric or recycled material that is machine washable and can be cleaned and disinfected regularly.

"Single-use checkout bag" means a single-use plastic bag that is provided by a retail mercantile establishment at the checkout, cash register, or point of sale to a consumer for the purpose of transporting goods out of the retail mercantile establishment and that is not a recycled paper bag or reusable bag. "Single-use checkout bag" does not include:

(1) a bag that is used to package bulk items, such as fruit, vegetables, nuts, grains, or candy;

(2) a bag that is used for greeting cards, balloons, or small hardware items, such as nails and bolts;

(3) a bag that is used to contain or wrap frozen foods, meat, or fish, whether prepackaged or not;

(4) a bag that is used to contain or wrap flowers or potted plants or other items where dampness may be a problem;

(5) a bag that is used to contain unwrapped prepared foods or bakery goods;

(6) a bag that is used to contain prescription drugs;

(7) a bag that is sold in packages containing multiple bags intended for use as garbage bags, pet waste bags, or yard waste bags;

(8) a bag that is brought to a store by the consumer for the consumer's own use or to carry away from the store goods that are not placed in a bag provided by the store;

(9) a bag that is provided by a dine-in or take-out restaurant to contain food or drink purchased by the restaurant's consumers;

(10) a bag containing a plastic liner that is permanently affixed, or designed and intended to be permanently affixed, to the inside of the particular bag;

(11) a newspaper bag, door-hanger bag, laundry cleaning bag, garment bag; or

(12) a bag that is used for online or digital orders where an employee of the retail mercantile establishment packages the goods for curbside pick-up or delivery.

"Small retail mercantile establishment" means a retail mercantile establishment that (i) has 12 or fewer locations in the State and employs 250 or fewer employees in the United States or (ii) is a retailer, as defined under the Motor Fuel and Petroleum Standards Act, and occupies less than 5,000 square feet.

Section 10. Single-use checkout bag prohibition. Beginning January 1, 2028, a retail mercantile establishment shall not offer a single-use checkout bag to consumers at the point of sale or otherwise make a single-use checkout bag available to consumers. A retail mercantile establishment may offer a recycled paper bag or reusable bag to consumers.

Section 15. Recycled paper bag fees.

(a) If a retail mercantile establishment offers a recycled paper bag to consumers, the retail mercantile establishment shall charge a fee of at least $0.10 per recycled paper bag offered to a consumer.

(b) All amounts collected pursuant to this Section are retained by the retail mercantile establishment and may be used for any lawful purpose.

(c) A retail mercantile establishment may not rebate or otherwise reimburse a customer any portion of the fee charged under this Section.

(d) The fee imposed under this Section does not apply to recycled paper bags that are used to carry items purchased pursuant to the Supplemental Nutrition Assistance Program, the special supplemental nutrition program for Women, Infants, and Children, or a similar governmental food assistance program.

Section 20. Education material and signage.

(a) Every retail mercantile establishment subject to the single-use checkout bag prohibition and collection of the recycled paper bag fee shall conspicuously display a sign in a location outside or inside of the establishment, viewable by customers, alerting customers to the state's single-use checkout bag prohibition and recycled paper bag fee.

(b) The Agency shall develop educational and promotional material, including a sign that complies with subsection (a) of this Section, regarding the State's single-use checkout bag prohibition and recycled paper bag fee. The Agency shall make the material available on the Agency's website for use by retail mercantile establishments that are subject to the requirements of this Act.

Section 25. Enforcement.

(a) A person who violates any provision of this Act shall be liable for a civil penalty of up to $250 for the first offense within a 12-month period; a civil penalty of up to $500 for a second offense within a 12-month period; and a civil penalty of up to $1,000 for a third or subsequent offense within a 12-month period.

(b) Any violation of this Act may be enforced by the Attorney General or the State's Attorney of the county in which the violation occurs. The penalties provided for in subsection (a) may be recovered in a civil action brought in the name of the people of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General. Any penalties collected under this Section in an action in which the Attorney General has prevailed shall be deposited into the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. The Attorney General or the State's Attorney of a county in which a violation occurs may institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act or to require such actions as may be necessary to address violations of this Act.

(c) The penalties and injunctions provided in this Act are in addition to any penalties, injunctions, or other relief provided under any other law. Nothing in this Act bars a cause of action by the State for any other penalty, injunction, or other relief provided by any other law.

Section 30. Municipal plastic bag audits; home rule. The power to audit taxes or fees on the collection, remittance, and payment of any taxes on plastic bags, however defined, is an exclusive power and function of the State. A municipality, including a home rule municipality, may not conduct a financial audit, with respect to the provision of plastic bags, of any person that provides a plastic bag to a consumer. 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 35. Regulation of checkout bags; home rule. A municipality or county, including a home rule unit, may not regulate in any manner the use, disposition, content, taxation, or sale of any checkout bag, however defined, that is provided by a retail mercantile establishment at the checkout, cash register, point of sale, or other point of departure to a consumer for the purpose of transporting goods out of the retail mercantile establishment. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.".