SB 58

Abstract

Amends the Degradable Plastic Act. Provides that, on or before July 1, 2025, each State agency shall establish and implement a plan to reduce the quantity of single-use plastics used or purchased by that State agency by 50% on or before 2031 and by 75% on or before 2036. Exempts specified single-use plastics from the provisions. Provides that on or before May 1, 2026, and on or before May 1 of each year thereafter, each State agency shall deliver to the Department of Central Management Services a status report on its single-use plastics reduction efforts. Requires the Department to compile a report with specified information and submit it to the General Assembly and the public. Provides that each State agency must post specified information on its website. Exempts State agencies that ban their own use or purchase of single-use plastics from the requirements. Defines "single-use plastic" and "State agency". Contains other provisions. Senate Committee Amendment No. 1 Deletes reference to: 415 ILCS 80/6 new Adds reference to: New Act 30 ILCS 500/45-26 Replaces everything after the enacting clause. Creates the State Entities Single-Use Plastic Reporting Act. Requires, beginning July 1, 2024, each State agency to (i) track the purchase of single-use plastics on behalf of the State agency that do not require procurement contracts for one year, (ii) establish goals on reducing single-use plastic purchases based on the information obtained from the purchase tracking, and (iii) submit a report of its findings to the Governor and the General Assembly on or before October 1, 2025. Defines terms. Amends the Illinois Procurement Code. In a provision regarding environmentally preferable procurement: Removes language providing that if 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. Provides instead that 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. Senate Floor Amendment No. 2 Deletes reference to: 30 ILCS 500/45-26 Replaces everything after the enacting clause with the provisions of Senate Amendment No. 1 with the following changes. Removes the definition of "single-use food serviceware". Defines "single-use plastic disposable foodware" as 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. Replaces the term "single-use plastics" with "single-use plastic disposable foodware". Provides that beginning July 1, 2024, each State agency shall (1) track its own purchases of single-use plastic disposable foodware that are less than $2,000 or otherwise not reduced to writing, and (2) establish goals on reducing single-use plastic disposable foodware purchases based on the tracked purchases. Removes the changes made to the Illinois Procurement Code. Repeals the Act on October 1, 2026. House Floor Amendment No. 1 Adds reference to: 20 ILCS 1005/1005-170 new 30 ILCS 500/45-24 new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Adds provisions amending the Illinois Procurement Code. Provides that, after January 1, 2025, State agencies and departments may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at the State agency or department. Adds provisions amending the Department of Employment Security Law of the Civil Administrative Code of Illinois. Provides that the Department of Employment Security shall conduct a study on the potential impact on the workforce of the State of legislation prohibiting the sale and distribution of disposable food service containers composed in whole or in part of polystyrene foam. Effective immediately. House Floor Amendment No. 2 Provides that after January 1, 2026, or at the renewal of its next contract, whichever occurs later, no vendor contracted through a State agency or department may provide customers with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the State, and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the State. Fiscal Note, House Floor Amendment No. 1 (Dept. of Central Management Services) SB 0058, HAM #1, will have a negligible fiscal impact on CMS. However, CMS as an agency does not purchase Styrofoam. The greater impact will come from other State Agencies (ex ... DOC, OHS), that often deal with these types of containers. Compostable Styrofoam could increase across 30-50%, depending on the item. House Floor Amendment No. 3 Deletes reference to: 20 ILCS 1005/1005-170 new Makes changes to the bill as amended by House Amendment No. 1 by removing provisions concerning the polystyrene job study. State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate under the State Mandates Act.