Public Act 096-0197
 
HB4035 Enrolled LRB096 10122 JAM 20288 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Sections 45-20 and 45-25 and by adding Section 45-26
as follows:
 
    (30 ILCS 500/45-20)
    Sec. 45-20. Recycled supplies materials. When a public
contract is to be awarded to the lowest responsible bidder, an
otherwise qualified bidder who will fulfill the contract
through the use of products made of recycled supplies materials
may, on a pilot basis or in accordance with a pilot study, be
given preference over other bidders unable to do so, provided
that the cost included in the bid of supplies products made of
recycled materials does not constitute an undue economic or
practical hardship is not more than 10% greater than the cost
of products not made of recycled materials.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/45-25)
    Sec. 45-25. Recyclable supplies paper. All supplies paper
purchased for use by State agencies must be recyclable paper
unless a recyclable substitute paper cannot be used to meet the
requirements of the State agencies or would constitute an undue
economic or practical hardship. State agencies shall determine
their paper requirements to allow the use of recyclable paper
whenever possible, including without limitation using plain
paper rather than colored paper that is not recyclable.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/45-26 new)
    Sec. 45-26. Environmentally preferable procurement.
    (a) Definitions. For the purposes of this Section:
        (1) "Supplies" means all personal property, including
    but not limited to equipment, materials, printing, and
    insurance, and the financing of those supplies.
        (2) "Services" means the furnishing of labor, time, or
    effort by a contractor, not involving the delivery of a
    specific end product other than reports or supplies that
    are incidental to the required performance.
        (3) "Environmentally preferable supplies" means
    supplies that are less harmful to the natural environment
    and human health than substantially similar supplies for
    the same purpose. Attributes of environmentally preferable
    supplies include, but are not limited to, the following:
                (i) made of recycled materials, to the maximum
            extent feasible;
                (ii) not containing, emitting, or producing
            toxic substances;
                (iii) constituted so as to minimize the
            production of waste; and
                (iv) constituted so as to conserve energy and
            water resources over the course of production,
            transport, intended use, and disposal.
        (4) "Environmentally preferable services" means
    services that are less harmful to the natural environment
    and human health than substantially similar services for
    the same purpose. Attributes of "environmentally
    preferable services" include, but are not limited to, the
    following:
                (i) use of supplies made of recycled
            materials, to the maximum extent feasible;
                (ii) use of supplies that do not contain, emit,
            or produce toxic substances;
                (iii) employment of methods that minimize the
            production of waste; and
                (iv) employment of methods that conserve
            energy and water resources or use energy and water
            resources more efficiently than substantially
            similar methods.
    (b) Award of contracts for environmentally preferable
supplies or services. Notwithstanding any rule, regulation,
statute, order, or policy of any kind, with the exceptions of
Sections 45-20 and 45-25 of this Code, State agencies shall
contract for supplies and services that are environmentally
preferable.
    If, however, 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. Specifications for contracts, at the
discretion of the contracting State agency, may include a price
preference of up to 10% for environmentally preferable supplies
or services.
 
    Section 99. Effective date. This Act takes effect January
1, 2010.