104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1087 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.88 new105 ILCS 5/34-18.88 new Amends the School Code. Provides that, after January 1, 2027, a school district may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any school and instead shall offer only compostable foodware or recyclable foodware for use at the school. Provides that, after January 1, 2028 or at the renewal of its next contract, whichever occurs later, no vendor contracted through a school district may provide a school with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the school district and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the school district. LRB104 05569 LNS 15599 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1087 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.88 new105 ILCS 5/34-18.88 new 105 ILCS 5/10-20.88 new 105 ILCS 5/34-18.88 new Amends the School Code. Provides that, after January 1, 2027, a school district may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any school and instead shall offer only compostable foodware or recyclable foodware for use at the school. Provides that, after January 1, 2028 or at the renewal of its next contract, whichever occurs later, no vendor contracted through a school district may provide a school with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the school district and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the school district. LRB104 05569 LNS 15599 b LRB104 05569 LNS 15599 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1087 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.88 new105 ILCS 5/34-18.88 new 105 ILCS 5/10-20.88 new 105 ILCS 5/34-18.88 new 105 ILCS 5/10-20.88 new 105 ILCS 5/34-18.88 new Amends the School Code. Provides that, after January 1, 2027, a school district may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any school and instead shall offer only compostable foodware or recyclable foodware for use at the school. Provides that, after January 1, 2028 or at the renewal of its next contract, whichever occurs later, no vendor contracted through a school district may provide a school with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the school district and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the school district. LRB104 05569 LNS 15599 b LRB104 05569 LNS 15599 b LRB104 05569 LNS 15599 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR HB1087LRB104 05569 LNS 15599 b HB1087 LRB104 05569 LNS 15599 b HB1087 LRB104 05569 LNS 15599 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by adding Sections 5 10-20.88 and 34-18.88 as follows: 6 (105 ILCS 5/10-20.88 new) 7 Sec. 10-20.88. Single-use plastics prohibition. 8 (a) As used in this Section: 9 "Compostable" means that the item meets the ASTM D6400 10 standard of compostability and has been certified by the 11 Biodegradable Products Institute as compostable. 12 "Compostable foodware" means containers, bowls, straws, 13 plates, trays, cartons, cups, lids, forks, spoons, knives, and 14 other items that are designed for one-time use for beverages, 15 prepared food, or leftovers from meals that are compostable. 16 "Disposable food service container" means serviceware 17 designed for one-time use. "Disposable food service container" 18 includes, but is not limited to, serviceware for take-out 19 foods, bakery products, and leftovers from partially consumed 20 meals. "Disposable food service container" does not include 21 polystyrene foam coolers, egg carton containers, ice chests 22 that are used for the processing or shipping of seafood, or 23 serviceware that is used to contain, transport, or otherwise 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1087 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.88 new105 ILCS 5/34-18.88 new 105 ILCS 5/10-20.88 new 105 ILCS 5/34-18.88 new 105 ILCS 5/10-20.88 new 105 ILCS 5/34-18.88 new Amends the School Code. Provides that, after January 1, 2027, a school district may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any school and instead shall offer only compostable foodware or recyclable foodware for use at the school. Provides that, after January 1, 2028 or at the renewal of its next contract, whichever occurs later, no vendor contracted through a school district may provide a school with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the school district and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the school district. LRB104 05569 LNS 15599 b LRB104 05569 LNS 15599 b LRB104 05569 LNS 15599 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 105 ILCS 5/10-20.88 new 105 ILCS 5/34-18.88 new LRB104 05569 LNS 15599 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY HB1087 LRB104 05569 LNS 15599 b HB1087- 2 -LRB104 05569 LNS 15599 b HB1087 - 2 - LRB104 05569 LNS 15599 b HB1087 - 2 - LRB104 05569 LNS 15599 b 1 package raw, uncooked, or butchered meat, poultry, fish, or 2 seafood. 3 "Polystyrene foam" means blown polystyrene and expanded or 4 extruded foams using a styrene monomer. 5 "Recyclable foodware" means items that are designed for 6 one-time use for beverages, prepared food, or leftovers from 7 meals and that are commonly accepted in local curbside 8 residential recycling pick up. 9 "Serviceware" means a container, bowl, plate, tray, 10 carton, cup, lid, or other item designed to contain, 11 transport, serve, or aid in the consumption of food or 12 beverages. 13 (b) After January 1, 2027, a school district may not 14 procure disposable food service containers that are composed 15 in whole or in part from polystyrene foam for use at any school 16 and instead shall offer only compostable foodware or 17 recyclable foodware for use at the school. 18 (c) After January 1, 2028 or at the renewal of its next 19 contract, whichever occurs later, no vendor contracted through 20 a school district may provide a school with disposable food 21 service containers that are composed in whole or in part from 22 polystyrene foam at any site owned or leased by the school 23 district and instead shall offer only compostable foodware or 24 recyclable foodware for use at sites owned or leased by the 25 school district. HB1087 - 2 - LRB104 05569 LNS 15599 b HB1087- 3 -LRB104 05569 LNS 15599 b HB1087 - 3 - LRB104 05569 LNS 15599 b HB1087 - 3 - LRB104 05569 LNS 15599 b 1 (105 ILCS 5/34-18.88 new) 2 Sec. 34-18.88. Single-use plastics prohibition. 3 (a) As used in this Section: 4 "Compostable" means that the item meets the ASTM D6400 5 standard of compostability and has been certified by the 6 Biodegradable Products Institute as compostable. 7 "Compostable foodware" means containers, bowls, straws, 8 plates, trays, cartons, cups, lids, forks, spoons, knives, and 9 other items that are designed for one-time use for beverages, 10 prepared food, or leftovers from meals that are compostable. 11 "Disposable food service container" means serviceware 12 designed for one-time use. "Disposable food service container" 13 includes, but is not limited to, serviceware for take-out 14 foods, bakery products, and leftovers from partially consumed 15 meals. "Disposable food service container" does not include 16 polystyrene foam coolers, egg carton containers, ice chests 17 that are used for the processing or shipping of seafood, or 18 serviceware that is used to contain, transport, or otherwise 19 package raw, uncooked, or butchered meat, poultry, fish, or 20 seafood. 21 "Polystyrene foam" means blown polystyrene and expanded or 22 extruded foams using a styrene monomer. 23 "Recyclable foodware" means items that are designed for 24 one-time use for beverages, prepared food, or leftovers from 25 meals and that are commonly accepted in local curbside 26 residential recycling pick up. HB1087 - 3 - LRB104 05569 LNS 15599 b HB1087- 4 -LRB104 05569 LNS 15599 b HB1087 - 4 - LRB104 05569 LNS 15599 b HB1087 - 4 - LRB104 05569 LNS 15599 b HB1087 - 4 - LRB104 05569 LNS 15599 b