Public Act 098-0348
 
SB2183 EnrolledLRB098 10589 JDS 40851 b


  
    AN ACT concerning transportation procurement.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title.  This Act shall be cited as the 
Transportation Sustainability Procurement Program Act.
 
    Section 5. Legislative purpose. It is the purpose of this 
Act and the policy of this State to provide the structure and 
criteria necessary to ensure that the State processes for  
procuring freight, small package delivery, and other forms of 
cargo transport and shipping services take into consideration 
not only cost and quality, but also  vendors' commitment to, and 
execution of,  best environmental practices.
 
    Section 10. Contracts for the procurement of freight, small 
package delivery, and other cargo shipping and transportation 
services. 
    (a) The State's Chief Procurement Officers shall, in 
consultation with the Illinois Environmental Protection 
Agency,  develop a sustainability program for the State's 
procurement of shipping and transportation services for 
freight, small package delivery, and other forms of cargo. 
    (b) State contracts for the procurement of freight, small 
package delivery, and other cargo shipping and transportation 
services shall require providers to report, using generally 
accepted reporting protocols adopted by the Agency  for that 
purpose:
        (1) the amount of energy the service provider consumed 
    to provide those services to the State and the amount of 
    associated greenhouse gas emissions, including energy use 
    and greenhouse gases emitted as a result of the provider's 
    use of electricity in its facilities;


        (2) the energy use and greenhouse gas emissions by the 
    service provider's subcontractors in the performance of 
    those services.
    (c) The State's solicitation for  the procurement of 
freight, small package delivery, and other cargo shipping and 
transportation services shall be subject to the Illinois 
Procurement Code and shall:


        (1) specify how the bidder will report its energy use 
    and associated greenhouse gas emissions under the 
    contract;

and
        (2) call for bidders to disclose in their responses to 
    the solicitation:


            (A) measures they use to reduce vehicle engine 
        idling;

            (B) their use of multi-modal transportation, such 
        as rail, trucks, or air transport, and how the use of 
        those types of transportation is anticipated to reduce 
        costs for the State;

            (C) the extent of their use of (i) cleaner, less 
        expensive fuels as an alternative to petroleum or (ii) 
        more efficient vehicle propulsion systems;

            (D) the level of transparency of the provider's 
        reporting under subsection (b), and what independent 
        verification and assurance measures exist for this 
        reporting;

            (E) their use of speed governors on heavy trucks;

            (F) their use of recyclable packaging;

            (G) measures of their network efficiency, 
        including the in-vehicle use of telematics or other 
        related technologies that provide for improved vehicle 
        and network optimization and efficiencies;

            (H) their energy intensity per unit of output 
        delivered;

            (I) how they will advance the environmental goals 
        of the State; and

            (J) opportunities to effectively neutralize the 
        greenhouse gas emissions reported under subsection 
        (b).


    (d) In selecting providers for such services, the State, as 
part of a best value analysis of the responses to the State's 
solicitation:


        (1) shall give appropriate weight to the disclosures in 
    subdivision (c)(2) of this Section;


        (2) shall give appropriate weight to the price and 
    quality of the services being offered; and
        (3) may accept from the service provider an optional 
    offer at a reasonable cost of carbon neutral shipping in 
    which the provider calculates the direct and indirect 
    greenhouse gas emissions of the provider that are specified 
    under subsection (b) above, and obtains independently 
    verified carbon credits to offset those emissions and then 
    retires the carbon credits.



    (e) The Chief Procurement Officer identified under item (5) 
of Section 1-15.15 of the Illinois Procurement Code shall adopt 
rules to encourage all State agencies to use the least costly 
level of service or mode of transport (while distinguishing 
between express or air versus ground delivery) that can achieve 
on-time delivery for the product being transported and 
delivered.
 
    Section 90. The Illinois Procurement Code is amended by 
adding Section 20-165 as follows:
 
    (30 ILCS 500/20-165 new)
    Sec. 20-165. Compliance with Transportation Sustainability 
Procurement Program Act. When procuring freight, small package 
delivery, and other forms of cargo shipping and transportation 
services, appropriate weight shall be given to the requirements 
of the Transportation Sustainability Procurement Program Act.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.