103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3865 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 415 ILCS 5/52.11 new Amends the Environmental Protection Act. Provides that, beginning January 1, 2024, 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. Provides that the prohibition regarding polystyrene foam food service containers shall not apply to specified entities until one year after the amendatory Act's effective date. Effective immediately. LRB103 29498 CPF 55893 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3865 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 415 ILCS 5/52.11 new 415 ILCS 5/52.11 new Amends the Environmental Protection Act. Provides that, beginning January 1, 2024, 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. Provides that the prohibition regarding polystyrene foam food service containers shall not apply to specified entities until one year after the amendatory Act's effective date. Effective immediately. LRB103 29498 CPF 55893 b LRB103 29498 CPF 55893 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3865 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 415 ILCS 5/52.11 new 415 ILCS 5/52.11 new 415 ILCS 5/52.11 new Amends the Environmental Protection Act. Provides that, beginning January 1, 2024, 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. Provides that the prohibition regarding polystyrene foam food service containers shall not apply to specified entities until one year after the amendatory Act's effective date. Effective immediately. LRB103 29498 CPF 55893 b LRB103 29498 CPF 55893 b LRB103 29498 CPF 55893 b A BILL FOR HB3865LRB103 29498 CPF 55893 b HB3865 LRB103 29498 CPF 55893 b HB3865 LRB103 29498 CPF 55893 b 1 AN ACT concerning safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended by 5 adding Section 52.11 as follows: 6 (415 ILCS 5/52.11 new) 7 Sec. 52.11. Disposable food service containers. 8 (a) As used in this Section: 9 "Disposable food service container" means serviceware 10 designed for one-time use. "Disposable food service container" 11 includes, but is not limited to, serviceware for takeout 12 foods, packaged meat, eggs, bakery products, and leftovers 13 from partially consumed meals. 14 "Polystyrene foam" means blown polystyrene and expanded or 15 extruded foams using a styrene monomer. 16 "Serviceware" means a container, bowl, plate, tray, 17 carton, cup, lid, or other item designed to be used for 18 prepared foods. 19 "Store" means a retail establishment in the State, 20 including, but not limited to, a convenience store, 21 restaurant, grocery store, pharmacy, seasonal or temporary 22 business, farm stand, or other retail seller of goods to the 23 ultimate consumer for direct use or consumption and not for 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3865 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 415 ILCS 5/52.11 new 415 ILCS 5/52.11 new 415 ILCS 5/52.11 new Amends the Environmental Protection Act. Provides that, beginning January 1, 2024, 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. Provides that the prohibition regarding polystyrene foam food service containers shall not apply to specified entities until one year after the amendatory Act's effective date. Effective immediately. LRB103 29498 CPF 55893 b LRB103 29498 CPF 55893 b LRB103 29498 CPF 55893 b A BILL FOR 415 ILCS 5/52.11 new LRB103 29498 CPF 55893 b HB3865 LRB103 29498 CPF 55893 b HB3865- 2 -LRB103 29498 CPF 55893 b HB3865 - 2 - LRB103 29498 CPF 55893 b HB3865 - 2 - LRB103 29498 CPF 55893 b 1 resale. 2 (b) Beginning January 1, 2024, a store may not sell or 3 distribute in this State a disposable food service container 4 that is composed in whole or in part of polystyrene foam. 5 (c) The prohibition under subsection (b) shall not apply 6 to the following entities until one year after the effective 7 date of this amendatory Act of the 103rd General Assembly: 8 (1) A food pantry. 9 (2) A soup kitchen. 10 (3) A not-for-profit corporation that provides food to 11 needy individuals at no or nominal charge. 12 (4) A federal, State, or local government agency that 13 provides food to needy individuals at no or nominal 14 charge. 15 (5) A restaurant with an annual gross income under 16 $500,000 per location as stated on the restaurant's income 17 tax filing for the most recent tax year. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law. HB3865 - 2 - LRB103 29498 CPF 55893 b