HB5504 102ND GENERAL ASSEMBLY

LRB102 25476 RJF 34764 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5504

Introduced 1/31/2022, by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:

20 ILCS 2705/2705-620 new
20 ILCS 3105/21 new

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois and the Capital Development Board Act. Requires the Department of Transportation and the Capital Development Board to develop policies regarding maximum acceptable global warming potential for specified eligible materials used in public projects. Provides for review and adjustment of the respective policies. Provides requirements for contractors awarded public project contracts. Requires the Department and the Board to strive to achieve a continuous reduction of greenhouse gas emissions over time. Provides for annual reporting requirements by the Department and the Board. Defines terms. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-620 as follows:

(20 ILCS 2705/2705-620 new)

Sec. 2705-620. Maximum global warming potential for materials used in public projects.

(a) By January 1, 2025, the Department shall establish a policy to determine and record greenhouse gas emissions from eligible materials used in a public project with the goal of reducing greenhouse gas emissions in accordance with the following requirements:

(1) the Department shall use the nationally or internationally recognized databases of Environmental Product Declarations and may include transportation-related emissions as part of the global warming potential emissions; and

(2) the Department shall develop a tracking and reporting process in a manner that is consistent with criteria in an Environmental Product Declaration. The Department may establish additional subcategories within each eligible material with distinct maximum global warming potential limits.

(b) In establishing the policy pursuant to this Section, the Department may consult with any other relevant department or division of State government.

(c) By January 1, 2027, and every 4 years thereafter, the Department shall review the policy created under this Section and may adjust the policy to reflect industry conditions. The Department shall not adjust the policy for any eligible material to be less stringent.

(d) For invitation for bids for contracts for public projects issued on or after July 1, 2022, the Department shall require the contractor who is awarded the contract to submit a current Environmental Product Declaration, Type III, as defined by the International Organization for Standardization Standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, for each eligible material proposed to be used in the public project.

(e) For invitation for bids for contracts for public projects issued on or after July 1, 2025, the Department shall require the contractor who is awarded the contract to submit a current Environmental Product Declaration, Type III, as defined by the International Organization for Standardization Standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the Department for each eligible material proposed to be used in the public project.

(f) For invitation for bids for contracts for publicly bid public projects issued on or after July 1, 2025, the Department shall specify the eligible materials that will be used in the project based on the policy and reasonable minimum usage thresholds for which the requirements of this Section shall not apply.

(g) A contractor that is awarded a contract for a public project shall not install any eligible materials on the project until the contractor submits an Environmental Product Declaration for that material. The Environmental Product Declaration shall be deemed approved if it complies with the policy established by the Department under this Section. If an Environmental Product Declaration is not available for an eligible material, the contractor shall notify the Department and install an alternative eligible material with an Environmental Product Declaration. If a product meeting the policy requirements for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the Department may waive the requirements of this Section for that product.

(h) In administering this Section, the Department shall strive to achieve a continuous reduction of greenhouse gas emissions over time.

(i) Beginning in 2026, the Department shall annually present the following information to the Governor and the General Assembly:

(1) for the presentation in 2026 only, a description of the method that the Department used to develop the policy requirements for each category of eligible materials;

(2) what the Department has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; and

(3) any obstacles the Department as well as bidding contractors have encountered in identifying and quantifying embodied carbon in building materials.

(j) For purposes of this Section:

"Eligible material" means materials used in the construction of a public project, including, but not limited to: (i) asphalt and asphalt mixtures; (ii) cement and concrete mixtures; and (iii) steel.

"Public project" means all publicly bid construction projects, projects from within the asset management plan, or other projects as determined by the Department.

Section 10. The Capital Development Board Act is amended by adding Section 21 as follows:

(20 ILCS 3105/21 new)

Sec. 21. Maximum global warming potential for materials used in public projects.

(a) By January 1, 2025, the Board shall establish by policy a maximum acceptable global warming potential for each category of eligible materials used in a public project in accordance with the following requirements:

(1) The Board shall base the maximum acceptable global warming potential on the industry average of global warming potential emissions for that material. The Board shall determine the industry average by consulting nationally or internationally recognized databases of Environmental Product Declarations and may include transportation-related emissions as part of the global warming potential emissions.

(2) The Board shall express the maximum acceptable global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials. The global warming potential shall be provided in a manner that is consistent with criteria in an Environmental Product Declaration. The Board may establish additional subcategories within each eligible material with distinct maximum acceptable global warming potential limits. The policy may permit maximum acceptable global warming potential for each material category in the aggregate.

(b) In establishing the maximum acceptable global warming potential for each category of eligible materials used in a public project, the Board may consult with any other relevant department or division of State government.

(c) By January 1, 2027, and every 4 years thereafter, the Board shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the number to reflect industry conditions. The Board shall not adjust the number upward for any eligible material.

(d) For any solicitation for a contract for the design of a public project, a State agency shall require the designer who is awarded the contract to include, in project specifications when final construction documents are released, a current Environmental Product Declaration, Type III, as defined by the International Organization for Standardization Standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the Board for each eligible material proposed to be used in the public project that meet the maximum acceptable global warming potential for each category of eligible materials.

(e) If a product that meets the maximum acceptable global warming potential for a category of eligible materials is not reasonably priced or is not available on a reasonable basis at the time of design or construction, the Board may waive the requirements of this Section for that product.

(f) For any solicitation for a contract for a public project, a State agency shall specify the eligible materials that will be used in the project and reasonable minimum usage thresholds for which the requirements of this Section shall not apply. A State agency may include in a specification for solicitations for a public project, a global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material as determined under this Section.

(g) A contractor that is awarded a contract for a public project shall not install any eligible materials on the project until the contractor submits an Environmental Product Declaration for that material. The Environmental Product Declaration shall be deemed approved if it complies with the original specification required by this Section. If an Environmental Product Declaration is not available for an eligible material, the contractor shall notify the State agency and install an alternative eligible material with an Environmental Product Declaration. If a product meeting the maximum acceptable global warming potential for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the State agency may waive the requirements of this Section for that product. The State agency shall report the waivers it awards to the Board.

(h) In administering this Section, the Board shall strive to achieve a continuous reduction of greenhouse gas emissions over time.

(i) Beginning in 2026, the Board shall annually present the following information to the Governor and the General Assembly:

(1) for the presentation in 2026 only, a description of the method that the Board used to develop the maximum acceptable global warming potential for each category of eligible materials;

(2) what the Board has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; and

(3) any obstacles the Board as well as bidding contractors have encountered in identifying and quantifying embodied carbon in building materials.

(j) For purposes of this Section:

"Eligible material" means materials used in the construction of a public project, including, but not limited to: (i) asphalt and asphalt mixtures; (ii) cement and concrete mixtures; (iii) glass; (iv) post-tension steel; (v) reinforcing steel; (vi) structural steel; and (vii) wood structural elements.

"Public project" means any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety, but not including any maintenance program for the upkeep of a public project or any road, highway, or bridge project.

Section 99. Effective date. This Act takes effect upon becoming law.