Bill Text: IL SB2211 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Solid Waste Planning and Recycling Act. Provides that, beginning 18 months after the amendatory Act's effective date, (1) no store or food service business shall provide or sell a single-use plastic carryout bag to a customer and (2) no grocery store shall provide or sell a single-use paper carryout bag to a customer. Preempts home rule. Contains other provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-09-19 - Added as Co-Sponsor Sen. David Koehler [SB2211 Detail]

Download: Illinois-2023-SB2211-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2211 Introduced 2/10/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
415 ILCS 15/14 new
Amends the Solid Waste Planning and Recycling Act. Provides that, beginning 18 months after the amendatory Act's effective date, (1) no store or food service business shall provide or sell a single-use plastic carryout bag to a customer and (2) no grocery store shall provide or sell a single-use paper carryout bag to a customer. Preempts home rule. Contains other provisions. Effective immediately.
LRB103 27479 CPF 53851 b
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Solid Waste Planning and Recycling Act is
amended by adding Section 14 as follows:
(415 ILCS 15/14 new)
Sec. 14. Plastic bag reduction.
(a) In this Section:
"Carryout bag" means a bag that is provided by a store or
food service business to a customer for the purpose of
transporting groceries, prepared foods, or retail goods.
"Carryout bag" does not include:
(1) a bag used solely to contain or wrap uncooked
meat, fish, or poultry;
(2) a bag used solely to package loose items such as
fruits, vegetables, nuts, coffee, grains, baked goods,
candy, greeting cards, flowers, or small hardware items;
(3) a bag used solely to contain live animals, such as
fish or insects, sold in a pet store;
(4) a bag used solely to contain food that is sliced or
prepared to order, including, but not limited to, soup or
hot food;
(5) a laundry, dry cleaning, or garment bag;

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(6) a bag provided by a pharmacy to carry prescription
drugs;
(7) a newspaper bag; and
(8) any bag similar to those listed above, as
determined by the Agency by rule, regulation, or guidance.
"Food service business" means a business that sells or
provides food for consumption on or off the business'
premises. "Food service business" includes, but is not limited
to, any restaurant, cafe, delicatessen, coffee shop,
convenience store, grocery store, vending truck or cart, food
truck, movie theater, business cafeteria, or institutional
cafeteria such as those operated by or on behalf of a
governmental entity.
"Grocery store" means a self-service retail establishment
that occupies at least 2,500 square feet and that sells
household foodstuffs for off-site consumption, including, but
not limited to, fresh produce, meat, poultry, fish, deli
products, dairy products, canned foods, dry foods, beverages,
baked foods, and prepared foods. "Grocery store" does not
include an establishment that handles only prepackaged food
that does not require time or temperature controls for food
safety.
"Hemp product" means a finished product with a delta-9
tetrahydrocannabinol concentration of not more than 0.3% that
is derived from or made by processing a hemp plant or hemp
plant part and prepared in a form that is available for

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commercial sale.
"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 and retain their defined shapes during
their life cycle and after disposal.
"Reusable carryout bag" means a carryout bag that:
(1) is made of polypropylene, PET nonwoven fabric,
nylon, cloth, a hemp product, or another machine-washable
fabric;
(2) has stitched handles; and
(3) is designed and manufactured for multiple reuses.
"Single-use paper carryout bag" means a carryout bag made
of paper that is not a reusable carryout bag.
"Single-use plastic carryout bag" means a carryout bag
made of plastic that is not a reusable carryout bag.
"Store" means a grocery store, convenience store, liquor
store, pharmacy, drug store, or other retail establishment.
(b) Beginning 18 months after the effective date of this
amendatory Act of the 103rd General Assembly:
(1) no store or food service business shall provide or
sell a single-use plastic carryout bag to a customer; and
(2) no grocery store shall provide or sell a
single-use paper carryout bag to a customer.
(c) The regulation of single-use plastic carryout bags and
single-use paper carryout bags is an exclusive power and

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function of the State. A home rule unit may not regulate
single-use plastic carryout bags or single-use paper carryout
bags. 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 99. Effective date. This Act takes effect upon
becoming law.