HB3568 103RD GENERAL ASSEMBLY

LRB103 30116 MXP 56540 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3568

Introduced 2/17/2023, by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

605 ILCS 5/4-224 new

Amends the Illinois Highway Code. Defines "covered materials" and "environmental product declaration". Provides that by January 1, 2024, the Department of Transportation shall establish a technical advisory committee to assist the Department with the development and implementation of policies and procedure to implement the provisions. Provides that prior to January 1, 2027, the Department may collect environmental product declarations on covered materials on a select number of projects as determined by the technical advisory committee to assess the greenhouse gas emissions attributable to covered materials. Provides that after January 1, 2027, the Department may establish a policy with the goal of reducing greenhouse gas emissions attributable to covered materials the Department uses in the construction and maintenance activities. Limits the Department's ability to use environmental product declarations in determining the lowest responsible bidder or to compare covered materials with different product category rules.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Highway Code is amended by adding Section 4-224 as follows:

(605 ILCS 5/4-224 new)

Sec. 4-224. Reduction of greenhouse gas emissions for materials used in State transportation projects.

(a) As used in this Section:

"Covered materials" includes:

(1) concrete, including ready mix concrete, shotcrete, precast concrete, and concrete masonry units;

(2) asphalt paving mixtures;

(3) steel, including rebar, reinforcing steel and structural steel, hot-rolled sections, hollow sections, plate steel, and cold-formed steel; and

(4) other materials the Department designates by rule after consultation with the technical advisory committee.

"Environmental product declaration" means a product-specific label developed in accordance with ISO Standard 14025 that presents quantified environmental information on independently verified life cycle assessment data, life cycle inventory and analysis data, or information modules in accordance with the ISO 14040 series of standards.

(b) By January 1, 2024, the Department shall establish a technical advisory committee to assist the Department with the development and implementation of policies and procedure to implement this section. The technical advisory committee shall include, but need not be limited to, representatives from the Department representing construction, materials, research, and districts, the Environmental Protection Agency, trade associations representing covered materials, construction firms prequalified in categories using covered materials, material suppliers certified for covered materials, environmental organizations, and institutions of higher education.

The technical advisory committee shall:

(1) recommend construction and maintenance activities appropriate for the use of environmental product declarations;

(2) recommend quantities of covered materials appropriate for the use of environmental product declarations;

(3) advise to the extent to which environmental product declarations are available or are in development; and

(4) advise how to properly analyze or interpret environmental product declarations.

The technical advisory committee shall be cochaired by a Department representative and a trade association representative.

(c) Prior to January 1, 2027, the Department may collect environmental product declarations on covered materials on a select number of projects as determined by the technical advisory committee to assess the greenhouse gas emissions attributable to covered materials. This assessment data collected shall not be evaluated by using industry-wide or product category rule averages.

(d) After January 1, 2027, the Department may establish a policy with the goal of reducing greenhouse gas emissions attributable to covered materials the Department uses in the construction and maintenance activities for the Department's transportation system that shall:

(1) require measurement of any reductions of greenhouse gas emissions of covered materials by the use of nationally or internationally recognized databases of environmental product declarations submitted to the Department after bid opening;

(2) conduct life cycle assessments of a selected set of the Department's construction and maintenance activities as determined by the technical advisory committee;

(3) recognize regional and geographic differences;

(4) devise strategies for reducing greenhouse gas emissions that include, but are not limited to:

(A) improving pavement and bridge conditions through performance testing and asset management;

(B) providing incentives for contractors that implement innovations with documented and quantifiable greenhouse gas emission reductions;

(C) increasing sustainability of the covered materials;

(D) establishing processes to research, develop, and implement new technologies; and

(E) encouraging best practices.

The Department shall estimate the time required to implement the greenhouse gas emission reduction strategies, any associated monetary costs or savings, uncertainties in data, and analysis on which the strategies are based. 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.

(e) The Department shall not use environmental product declarations in determining the lowest responsible bidder.

(f) The Department shall not use environmental product declarations to compare covered materials with different product category rules.