Bill Amendment: IL SB1973 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EPA-POLYSTYRENE FOAM BAN

Status: 2022-04-18 - Added as Co-Sponsor Sen. Jacqueline Y. Collins [SB1973 Detail]

Download: Illinois-2021-SB1973-Senate_Amendment_001.html

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Sen. Laura Fine

Filed: 1/11/2022

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AMENDMENT TO SENATE BILL 1973
AMENDMENT NO. ______. Amend Senate Bill 1973 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
adding Section 52.11 as follows:
(415 ILCS 5/52.11 new)
Sec. 52.11. Disposable food service containers.
(a) As used in this Section:
"Disposable food service container" means serviceware
designed for one-time use. "Disposable food service container"
includes, but is not limited to, serviceware for takeout
foods, packaged meat, eggs, bakery products, and leftovers
from partially consumed meals.
"Polystyrene foam" means blown polystyrene and expanded or
extruded foams using a styrene monomer.
"Serviceware" means a container, bowl, plate, tray,

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carton, cup, lid, or other item designed to be used for
prepared foods.
"Store" means a retail establishment in the State,
including, but not limited to, a convenience store,
restaurant, grocery store, pharmacy, seasonal or temporary
business, farm stand, or other retail seller of goods to the
ultimate consumer for direct use or consumption and not for
resale.
(b) Beginning January 1, 2023, a store may not sell or
distribute in this State a disposable food service container
that is composed in whole or in part of polystyrene foam.
(c) The Agency shall establish a 12-month financial waiver
request form. The request for financial waiver is only
applicable to the following entities:
(1) A food pantry.
(2) A soup kitchen.
(3) A not-for-profit corporation that provides food to
needy individuals at no or nominal charge.
(4) A federal, State, or local government agency that
provides food to needy individuals at no or nominal
charge.
(5) A restaurant with an annual gross income under
$500,000 per location as stated on the restaurant's income
tax filing for the most recent tax year.
(d) The Agency shall review each financial waiver request
submitted under subsection (c) and shall grant a waiver if any

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entity listed in subsection (c) demonstrates that there is no
alternative product of comparable cost that is not composed of
expanded polystyrene foam and that the purchase or use of an
alternative product that is not composed of expanded
polystyrene foam would create an undue financial hardship. A
financial waiver request may apply to one or more disposable
food service containers sold, offered for sale, or distributed
by any entity listed in subsection (c).
(e) The Agency shall adopt rules to implement the
provisions of this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.".