104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3518

 

Introduced 2/5/2026, by Sen. Rachel Ventura

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/Art. 54 heading new
30 ILCS 500/54-1 new
30 ILCS 500/54-2 new
30 ILCS 500/54-3 new
30 ILCS 500/54-4 new
30 ILCS 500/54-6 new
30 ILCS 500/54-7 new
30 ILCS 500/54-8 new
30 ILCS 500/54-9 new
30 ILCS 500/54-10 new
30 ILCS 500/54-11 new
30 ILCS 500/54-12 new
30 ILCS 500/54-13 new
30 ILCS 500/54-14 new
30 ILCS 500/54-15 new
30 ILCS 500/54-16 new
30 ILCS 500/54-17 new

    Amends the Illinois Procurement Code. Creates the Deforestation-Free Illinois Law within the Code. Provides that neither the State nor any State agency shall allow any person having a contract with the State or with a State agency to purchase, at wholesale or retail, or obtain any tropical hardwood or tropical hardwood product for use in completing a contract with the State or with any State agency, subject to certain exceptions. Requires contractors who enter into contracts with the State to certify that the commodity furnished to the State was not extracted from, grown, derived, harvested, reared, or produced on land where deforestation or primary forest and old-growth forest degradation occurred. Effective immediately.


LRB104 20326 HLH 33777 b

 

 

A BILL FOR

 

SB3518LRB104 20326 HLH 33777 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5adding Article 54 as follows:
 
6    (30 ILCS 500/Art. 54 heading new)
7
ARTICLE 54. DEFORESTATION-FREE ILLINOIS LAW

 
8    (30 ILCS 500/54-1 new)
9    Sec. 54-1. Short title. This Article 54 may be cited as the
10Deforestation-Free Illinois Law.
 
11    (30 ILCS 500/54-2 new)
12    Sec. 54-2. Legislative findings.
13    (a) The General Assembly finds and declares the following:
14        (1) According to the Food and Agriculture Organization
15    of the United Nations, 31% of land on earth is covered in
16    forests, but that area is rapidly decreasing. An estimated
17    1,600,000 square miles of forest have been converted to
18    other land uses since 1990, with 42,500 square miles
19    converted annually since 2010
20        (2) Studies show that preventing deforestation is
21    among the most cost-effective climate mitigation

 

 

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1    strategies with large global mitigation benefits.
2    Preventing deforestation is also one of the few large
3    mitigation options that does not risk trade-offs to
4    solving other challenges. On the contrary, it provides
5    co-benefits, such as enhanced health, clean water, and
6    sanitation.
7        (3) Cost-effective greenhouse gas emission mitigation
8    from forests and land use can provide roughly one-third of
9    the mitigation required by 2030 to hold the increase in
10    the global average temperature below 2 degrees Celsius
11    above preindustrial levels. Studies also suggest that
12    protecting existing forests and allowing them to mature
13    could potentially store 151.7 gigatons of carbon or about
14    a quarter of the excess carbon emissions since
15    industrialization.
16        (4) Deforestation and forest degradation generates
17    between 4.3 and 5.5 GtCO2eq annually. This amount is
18    between 7% and 10% of all CO2 equivalent emissions from all
19    sources globally. Emissions associated with deforestation
20    and forest degradation contribute most of the 13% of total
21    anthropogenic CO2 emissions attributed to agriculture.
22        (5) The Intergovernmental Science-Policy Platform on
23    Biodiversity and Ecosystem Services found, in 2019, that
24    (i) the rate of global species extinction is accelerating
25    and is now tens to hundreds of times higher than the
26    average rate over the last 10,000,000 years, threatening

 

 

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1    the loss of 1,000,000 species, and (ii) rampant land-use
2    change has an overwhelming relative impact on terrestrial
3    ecosystems.
4        (6) Most forest destruction is caused by a few
5    high-risk commodities, including, but not limtied to,
6    cattle products, cocoa, coffee, soy, palm oil, paper, and
7    rubber.
8    (b) The State should endeavor to use and purchase products
9from supply chains that do not contribute to deforestation,
10forest degradation, and interrelated human rights abuses.
 
11    (30 ILCS 500/54-3 new)
12    Sec. 54-3. Definitions. As used in this Article:
13    "Contractor" means any person or entity that receives
14grant moneys from the State or has a contract with a State
15agency for any of the following:
16        (1) public works or improvements;
17        (2) a franchise, concession, or lease of property; or
18        (3) goods and services or supplies to be purchased at
19    the expense of the State agency or to be paid for out of
20    moneys deposited into the State treasury or out of trust
21    fund moneys that are under the control of or collected by
22    the State agency.
23    "Deforestation" means direct, human-induced conversion of
24forest to a tree plantation or other agricultural or
25non-forest land use.

 

 

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1    "Forest degradation" means changes to forest structure
2that results from human intervention and negatively impact
3species composition or natural ecological functions, as
4indicated by factors, including reductions in carbon storage
5and other ecosystem services, abundance of native species, or
6distribution of trees by age class.
7    "Forest-risk commodity" means:
8        (1) any commodity, including any agricultural or
9    nonagricultural commodity, whether in raw or processed
10    form, that is commonly extracted from or grown, derived,
11    harvested, reared, or produced on land where deforestation
12    or primary forest or old-growth forest degradation has
13    occurred or is likely to occur; or
14        (2) any product derived from a product described in
15    paragraph (1).
16    "Forest-risk commodity" includes: beef, cocoa, and any
17other commodity identified as a forest-risk commodity by the
18State Procurement Task Force in consultation with the Director
19of Central Management Services in accordance with Section
2054-13. "Forest-risk commodity" does not include primary,
21secondary, or tertiary packaging used for the purpose of
22containment, protection, handling, delivery, transport,
23distribution, or presentation of a covered product, nor does
24it include a product made entirely from recycled or reused
25material, including recovered fiber. For any product made
26partially from recovered or reused material, the contractor

 

 

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1must confirm only that the components that were not derived
2from recycled or reused materials were not extracted from,
3grown, derived, harvested, reared, or produced on land where
4deforestation or primary forest or old-growth forest
5degradation occurred upon the issuance of rules as described
6in Section 54-13.
7    "Free, prior, and informed consent" means an authorization
8that embodies the principle that a community has the right to
9give or withhold its approval of a proposed development that
10may affect the land and waters it legally or customarily owns,
11occupies, or otherwise uses, as described in the United
12Nations Declaration on the Rights of Indigenous Peoples, the
13Indigenous and Tribal Peoples Convention of 1989, and other
14international instruments. "Free, prior, and informed consent"
15includes informed, noncoercive negotiations between investors,
16companies, or governments and indigenous peoples prior to
17project development, and the formalized ability for impacted
18indigenous peoples to say no if projects do not meet their
19needs and, where the risk of harm to indigenous peoples'
20rights is significant, projects should not proceed without the
21affected people's consent.
22    "Illinois State product" means:
23        (1) a product that is grown, harvested, or produced in
24    this State; or
25        (2) a product that is processed inside or outside of
26    this State comprising over 51%, by weight or volume, raw

 

 

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1    materials that are grown, harvested, or produced in this
2    State.
3    "Industrial development" means the processes and
4operations involved in the large-scale production of goods,
5including, but not limited to, manufacturing, processing,
6warehousing, transporting, or repairing. "Industrial
7development" also means the creation of facilities and
8transportation infrastructure for these activities, such as
9power generation, ship building, road development, and waste
10storage and treatment.
11    "Large contractor" means any contractor whose annual
12revenue, or that of its parent company, is equal to or greater
13than $100,000,000.
14    "Master contract" has the meaning given to that term in
15Section 1-15.47.
16    "Medium-sized business" means a business that operates in
17this State, is independently owned and operated, not dominant
18in its field, and employs between 100 and 500 persons.
19    "Minority-owned business" has the meaning given to that
20term in Section 2 of the Business Enterprise for Minorities,
21Women, and Persons with Disabilities Act.
22    "Old-growth forest" means a forest ecosystem distinguished
23by old trees and related structural attributes, encompassing
24the later stages of stand development that typically differ
25from earlier stages in a variety of characteristics, which may
26include advanced tree size, accumulations of large dead woody

 

 

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1material, multiple canopy layers, later successional species
2composition, and ecosystem function. In the United States, the
3attributes of old-growth forests vary depending on forest
4type, geography and history, but typically contain trees over
5120 years of age and least 40 centimeters in diameter.
6    "Peat" means a soil that is rich in organic matter
7composed of partially decomposed and decaying plant materials,
8and comprises 40 centimeters of the top 100 centimeters of the
9soil profile.
10    "Peatlands" means wetlands with a layer of peat.
11"Peatlands" includes moors, bogs, mires, peat swamp forests,
12and permafrost tundra.
13    "Primary forest" or "pre-industrial forest" means a forest
14that has never been disturbed by industrial development or
15large-scale harvesting and has developed following natural
16disturbances and under natural processes, regardless of its
17age. "Primary forest" includes a forest in any geography that
18has experienced nonindustrial-scale human impacts, including
19traditional or subsistence activities carried out by
20indigenous communities.
21    "Recovered fiber" means postconsumer fiber such as paper,
22paperboard, and fibrous materials from places including retail
23stores, office buildings, and homes, after having passed
24through its end usage, including used corrugated boxes, old
25newspapers, old magazines, mixed waste paper, tabulating
26cards, and used cordage, and all paper, paperboard, and

 

 

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1fibrous materials that enter and are collected from municipal
2solid waste, and manufacturing wastes such as dry paper and
3paperboard waste generated after completion of the papermaking
4process, including envelope cuttings, bindery trimmings, and
5other paper and paperboard waste resulting from printing,
6cutting, forming, and other converting operations, bag, box,
7and carton manufacturing wastes, and butt rolls, mill
8wrappers, and rejected unused stock, and repulped finished
9paper and paperboard from obsolete inventories of paper and
10paperboard manufacturers, merchants, wholesalers, dealers,
11printers, converters, and others.
12    "Small business" has the meaning given to that term in
13Section 45-45.
14    "Tropical forest" means a natural ecosystem within the
15tropical regions, approximately bounded geographically by the
16tropics of Cancer and Capricorn, but possibly affected by
17other factors such as prevailing winds, containing native
18species composition, structure, and ecological function, with
19a tree canopy cover of more than 10% over an area of at least
200.5 hectares. "Tropical forest" includes all of the following:
21(i) human-managed tropical forests or partially degraded
22tropical forests that are regenerating; and (ii) tropical
23forests identified by multi-objective conservation-based
24assessment methodologies, such as High Conservation Value
25areas (HCV), as defined by the HCV Resource Network, or High
26Carbon Stock Forests, as defined by the High Carbon Stock

 

 

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1Approach, or by another methodology with equivalent or higher
2standards that includes primary forests and tropical peatlands
3of any depth. "Tropical forest" does not include plantations
4of any type.
5    "Tropical hardwood" means any and all hardwood,
6specifically classified as angiosperm, that grows in any
7tropical forest. "Tropical hardwood" includes, but is not
8limited to, the following species:
9        (1) Prunus Africana (African cherry, red stinkwood);
10        (2) Caryocar Costaricense (garlic tree);
11        (3) Calophyllum species (bintangor);
12        (4) Cedrela species (cedar, Spanish cedar, South
13    American cedar);
14        (5) Neobalanocarpus Heimii (chengal);
15        (6) Octomeles Sumatrana (Benuang);
16        (7) Myroxylon Balsamum (balsamo);
17        (8) Apuleia Leiocarpa (garapa);
18        (9) Parastemon Urophyllus (malas);
19        (10) Spicatus Ridley Hopea species (merawan);
20        (11) Araucaria Araucana (monkey puzzle, Chilean pine);
21        (12) Senna Siamea (Siamese cassia);
22        (13) Pometia Pinnata (taun);
23        (14) Millettia Leucantha, Millettia Stuhlmannii,
24    Millettia Laurentii (sathon, panga panga, wenge);
25        (15) Bulnesia Arborea, Bulnesia Sarmientoi (verawood,
26    Argentine lignum vitae);

 

 

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1        (16) Tristaniopsis Laurina (water gum);
2        (17) Terminalia species (limba, afara, ofram, idigbo,
3    framire, black afara, amarillo, nargusta);
4        (18) Homalium Foetidum (malas);
5        (19) Dillenia Papuana (dillenia);
6        (20) Canarium species (red canarium, grey canarium);
7        (21) Burkrella Macropoda (rang rang);
8        (22) Dracontomelon Dao (New Guinea walnut);
9        (23) Planchonella species (white planchonella, red
10    planchonella);
11        (24) Lophopetalum species (perupok);
12        (25) Cariniana Pyriformis (Colombian mahogany, abarco,
13    jequitiba);
14        (26) Mitragyna Ciliata (abura);
15        (27) Vouacapoua Americana (acapu);
16        (28) Amburana Cearensis (amburana, cerejeira, cumare);
17        (29) Lovoa species (African walnut, tigerwood);
18        (30) Pericopsis Elata (afrormosia);
19        (31) Peltogyne species (amaranth, purpleheart);
20        (32) Pterogyne Nitens (amendoim);
21        (33) Carapa Guianensis, Dicorynia Guianensis, Bagassa
22    Guianensis, Couratari Guianensis (andiroba, angelique,
23    tatajuba, bagasse);
24        (34) Aningeria species (aningeria, anegre, anigre);
25        (35) Dipterocarpus species (apitong, keruing);
26        (36) Centrolobium species (arariba);

 

 

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1        (37) Brosimum Utile, Brosimum Alicastrum (baco,
2    breadnut);
3        (38) Ochroma Lagopus, Ochroma Pyramidale (balsa);
4        (39) Berlinia species (berlinia, rose zebrano);
5        (40) Symphonia Globulifera (boarwood);
6        (41) Detarium Senegalense (boire);
7        (42) Caesalpinia Echinata, Paubrasilia Echinata
8    (Brazilwood, pernambuco);
9        (43) Bertholletia Excelsa (Brazil nut, mora)
10        (44) Guibourtia species (bubinga, African rosewood,
11    kevazingo, amazique);
12        (45) Toona Calantas (calantas);
13        (46) Prioria copaifera (cativo);
14        (47) Ceiba Pentandra (ceiba);
15        (48) Antiaris africana (chechen, antiaris);
16        (49) Tabebuia Donnell-Smithii (copal);
17        (50) Daniellia species (daniellia);
18        (51) Cordia species (cordia wood, bocote, ziricote,
19    louro, freijo);
20        (52) Hymenaea Courbaril (courbaril, West Indian
21    locust, brazilian cherry);
22        (53) Dipteryx Odorata (cumaru, Brazilian teak);
23        (54) Piptadeniastrum Africanum (dahoma);
24        (55) Calycophyllum Candidissimum (dagame, lemonwood);
25        (56) Afzelia species (doussie);
26        (57) Diospyros species (ebony, ceylon ebony,

 

 

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1    marblewood);
2        (58) Lophira Alata (ekki, azobe, red ironwood);
3        (59) Combretodendron Macrocarpum (esia);
4        (60) Chlorophora Tinctoria, Chlorophora Excelsa
5    (fustic, iroko, African teak);
6        (61) Aucoumea Klaineana (gaboon, okoume);
7        (62) Astronium species (goncalo alves, tigerwood);
8        (63) Ocotea Rodiei (greenheart);
9        (64) Enterolobium Cyclocarpum (guanacaste,
10    elephant-ear tree);
11        (65) Guarea species (guarea, bosse);
12        (66) Phoebe Porosa (imbuia, Brazilian walnut);
13        (67) Handroanthus species (ipe, pau d'arco, lapacho);
14        (68) Jacaranda Copaia (jacaranda);
15        (69) Machaerium Villosum (jacaranda pardo);
16        (70) Dyera Costulata (jelutong);
17        (71) Dryobalanops species (kapur, keladan);
18        (72) Koompassia Malaccensis (kempas);
19        (73) Acacia Koa (koa);
20        (74) Pterygota Macrocarpa (koto, African pterygota);
21        (75) Oxandra Lanceolata (lancewood);
22        (76) Shorea species (lauan, luan, lawaan, meranti,
23    seraya, Philippine mahogany, balau);
24        (77) Nothofagus Pumilio, Nothofagus Obliqua (lenga
25    beech, roble);
26        (78) Guaiacum Officinale (roughbark lignum-vitae);

 

 

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1        (79) Aniba Rosaeodora, Aniba Duckei (pau rosa);
2        (80) Nectandra species (louro preto);
3        (81) Khaya species (African mahogany);
4        (82) Swietenia species (mahogany, West Indian
5    mahogany, Honduran mahogany, Cuban mahogany, big-leaf
6    mahogany);
7        (83) Tieghemella Heckelii (makora);
8        (84) Intsia Bijuga, Intsia Palembanica (Borneo teak,
9    merbau);
10        (85) Anisoptera species (mersawa, krabak, palosapis);
11        (86) Distemonanthus Benthamianus (movingui, ayan);
12        (87) Pterocarpus species (narra, amboyna, Papua New
13    Guinea rosewood, mukula, kosso, zitan, hongmu, padauk,
14    vermillion wood);
15        (88) Palaquium species (nyatoh);
16        (89) Triplochiton Scleroxylon (African whitewood,
17    obeche, sambawawa);
18        (90) Nauclea Diderrichii (opepe);
19        (91) Balfourodendron Riedelianum (marfim);
20        (92) Aspidosperma species (peroba rosa);
21        (93) Paratecoma Peroba (peroba branca);
22        (94) Gonystylus species (ramin);
23        (95) Melanorrhoea Curtisii (rengas, Borneo rosewood);
24        (96) Hevea Brasiliensis (rubber tree);
25        (97) Dalbergia species (rosewood, Indian rosewood,
26    Honduras rosewood, cocobolo, granadillo, pinkwood,

 

 

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1    tulipwood, African blackwood);
2        (98) Entandrophragma cylindricum, Entandrophragma
3    Candollei, Entandrophragma Utile (sapele, sapelli, kosipo,
4    omu, utile, sipo);
5        (99) Acanthopanax Ricinofolius (sen);
6        (100) Brosimum Aubletti, Piratinera (snakewood,
7    letterwood, leopardwood);
8        (101) Juglans species (South American walnut, Peruvian
9    walnut);
10        (102) Sterculia Rhinopetalia (sterculia);
11        (103) Tectona Grandis (teak);
12        (104) Virola species (virola, cumala);
13        (105) Pentacme Contorta (white lauan);
14        (106) Microberlinia species (zebrawood, zingana);
15    "Tropical hardwood" does not include wood grown in a tree
16plantation.
17    "Tropical hardwood product" means any product that
18contains tropical hardwood, regardless of whether it is sold
19at wholesale or retail, including, but not limited to,
20plywood, veneer, furniture, cabinets, paneling, siding,
21moldings, doors, doorskins, joinery, flooring, or sawnwood.
22    "Tropical peatland" means tropical wetlands with a layer
23of peat. "Tropical peatland" includes moors, bogs, mires, and
24peat swamp forests.
25    "Wholly or in part" shall have the meaning given to that
26term by rule, as described in Section 54-13. The term shall be

 

 

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1defined in a manner designed to limit the administrative
2burden on the State while maximizing this Article's
3effectiveness at preventing deforestation and primary forest
4and old-growth forest degradation.
5    "Women-owned business" has the meaning given to that term
6in Section 2 of the Business Enterprise for Minorities, Women,
7and Persons with Disabilities Act.
 
8    (30 ILCS 500/54-4 new)
9    Sec. 54-4. Purchase of tropical hardwoods prohibited.
10    (a) Except as otherwise provided in this Code, on and
11after January 1, 2028, neither the State nor any State agency
12shall allow any person having a contract with the State or with
13a State agency to purchase, at wholesale or retail, or obtain
14any tropical hardwood or tropical hardwood product for use in
15completing a contract with the State or with any State agency.
16    (b) Subsection (a) shall not apply to:
17        (1) any binding contractual obligation for the
18    purchase of commodities entered into before the adoption
19    of rules under Section 54-13; or
20        (2) any grant, subvention, or contract with an agency
21    of the United States, or any instruction of an authorized
22    representative of an agency of the United States, if the
23    application of subsection (a) violates or is inconsistent
24    with the terms or conditions of the grant, subvention,
25    contract, or instruction.

 

 

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1    (c) Tropical hardwood or tropical hardwood products
2sourced via a small-scale harvesting operation by indigenous
3communities on their traditional lands, may be exempted from
4this Section and Section 54-6 if the extraction rates are
5demonstrated to be ecologically sustainable. Any exemptions
6and associated justifications under this subsection (c) shall
7be posted publicly on the Illinois eProcurement BidBuy
8website.
 
9    (30 ILCS 500/54-6 new)
10    Sec. 54-6. Phase-in of forest-risk commodity procurement.
11    (a) One year after the adoption of rules under Section
1254-13, every master contract entered into by the Department of
13Central Management Services that includes the procurement of
14any covered product made, in whole or in part, of a covered
15forest-risk commodity shall require the contractor to certify
16that the product furnished to the State under the contract was
17not extracted from, grown, derived, harvested, reared, or
18produced on land where deforestation or primary forest or
19old-growth forest degradation occurred. The contractor shall
20agree to comply with this provision of the contract.
21    (b) Two years after the adoption of rules under Section
2254-13 of this Article, every contract entered into by a State
23agency that includes the procurement of any product that
24consists, in whole or in part, of a forest-risk commodity
25shall require the contractor to confirm that the commodity

 

 

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1furnished to the State under the contract was not extracted
2from, grown, derived, harvested, reared, or produced on land
3where deforestation or primary forest or old-growth forest
4degradation occurred on or after the adoption of rules
5described in Section 54-13. The contractor shall agree to
6comply with this provision of the contract.
7    (c) This Section does not apply to any grant, subvention,
8or contract with an agency of the United States, or to any
9instruction of an authorized representative of an agency of
10the United States, if the application of subsection (a)
11violates or is inconsistent with the terms or conditions of
12the grant, subvention, contract, or instruction.
 
13    (30 ILCS 500/54-7 new)
14    Sec. 54-7. Compliance.
15    (a) Every bid and resulting contract award shall specify
16that the contractor is required to cooperate fully in
17providing access to the contractor's records, documents,
18agents, employees, or premises if required by authorized
19officials of the contracting State agency, the Department of
20Central Management Services, or the Office of the Attorney
21General to determine the contractor's compliance with the
22requirements of this Article.
23    (b) Contractors shall exercise due diligence in ensuring
24that their subcontractors comply with Section 54-6.
25Contractors shall require each subcontractor to certify in

 

 

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1writing that the subcontractor complies with this Article.
 
2    (30 ILCS 500/54-8 new)
3    Sec. 54-8. Required forest policies. In addition to the
4requirements of Sections 54-6 and 54-7, large contractors that
5are subject to Section 54-6 must confirm that they have
6adopted a forest policy that includes, at a minimum, the
7following for each product covered by this Article:
8        (1) procedures for identifying and mitigating the risk
9    of deforestation and primary forest and old-growth forest
10    degradation in forest-risk commodity supply chains; and
11        (2) procedures to ensure compliance with source
12    country laws regarding forest-risk commodity supply chains
13    and respect for national and international human rights
14    standards, including recognized rights of indigenous
15    peoples and local communities; the principle of Free,
16    Prior and Informed Consent; the rights and safety of local
17    environmental and human rights defenders; and the rights
18    of workers.
19    The forest policy shall be published on the bid in
20addition to information demonstrating implementation of the
21policy, disaggregated by product and updated at least
22annually, as well as publicly on the Illinois eProcurement
23BidBuy website when a large contractor has received a contract
24award.
 

 

 

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1    (30 ILCS 500/54-9 new)
2    Sec. 54-9. Stakeholder advisory group. As needed
3throughout the rulemaking process and throughout the process
4of implementing this Article, including during the
5investigation of violations as outlined in Section 54-11, the
6State Procurement Task Force shall consult with a stakeholder
7advisory group and the Director of Central Management Services
8on the adoption of rules for the implementation of this
9Article. Members of the advisory group shall be selected by
10the Director of Central Management Services and shall consist
11of at least:
12        (1) representatives of current or former contractors
13    dealing in each of the forest-risk commodities, with an
14    emphasis on small and medium-sized businesses;
15        (2) representatives from civil society with relevant
16    expertise in supply chain traceability, forest
17    sustainability, biodiversity, forest carbon dynamics,
18    natural history, climate science, human and labor rights,
19    and indigenous rights; members selected under this
20    paragraph should be of at least equal number to members
21    selected under paragraph (1); and
22        (3) a minimum of 2 additional representatives from
23    indigenous communities residing within forests covered by
24    this Article.
25    The advisory group shall meet virtually. Membership in the
26group shall be voluntary, and members shall receive no salary

 

 

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1or compensation for participation in the advisory group.
 
2    (30 ILCS 500/54-10 new)
3    Sec. 54-10. Violations and sanctions.
4    (a) If it is determined that any contractor contracting
5with the State knew or should have known that a product made,
6wholly or in part, of a forest-risk commodity was furnished to
7the State in violation of Sections 54-4, 54-5, 54-6, 54-7, or
854-8, the contracting State agency shall issue a written
9notice of violation and provide an opportunity for the
10contractor to come into compliance with the Act. If, after
11such notice, a contractor fails to come into compliance within
12a timeframe established by the Department of Central
13Management Services and the Capital Development Board, the
14contractor may have either one or both of the following
15sanctions imposed:
16        (1) the contract under which the prohibited
17    forest-risk commodity was furnished may be voided at the
18    option of the State agency to which the commodity was
19    furnished; or
20        (2) the contractor may be assessed a penalty that
21    shall be the greater of $1,000 or an amount equaling 20% of
22    the value of the product that the State agency
23    demonstrates was made, wholly or in part, of a forest-risk
24    commodity and furnished to the State in violation of
25    Sections 54-4, 54-5, 54-6, 54-7, and 54-8.

 

 

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1    A hearing or opportunity to be heard shall be provided
2prior to the assessment of any penalty.
3    (b) Notwithstanding subsection (a), a contractor that
4complies with Section 54-7 shall not be subject to sanctions
5for violations if the contractor had no knowledge of the
6requirements of Sections 54-4, 54-5, 54-6, 54-7, and 54-8, and
7if the violations were committed solely by a subcontractor. In
8that case, the sanctions described under subsection (a) shall
9instead be imposed on the subcontractor that committed the
10violation.
 
11    (30 ILCS 500/54-11 new)
12    Sec. 54-11. Investigation of violations.
13    (a) Any State agency that investigates a complaint against
14a contractor or subcontractor for a violation of this Article
15may limit its investigation to evaluating the information
16provided by the person or entity submitting the complaint and
17the information provided by the contractor or subcontractor.
18    (b) Whenever a contracting officer of the contracting
19State agency has reason to believe that the contractor failed
20to comply with Sections 54-4, 54-5, 54-6, 54-7, and 54-8, the
21State agency shall refer the matter for investigation to the
22head of the State agency and, if the head of the State agency
23determines appropriate, in consultation with the stakeholder
24advisory group established under Section 54-9, to the Office
25of the Attorney General, who may consult with the stakeholder

 

 

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1advisory group established under Section 54-9.
 
2    (30 ILCS 500/54-12 new)
3    Sec. 54-12. Preference for Illinois State products.
4    (a) If a contract for the purchase of a commodity or
5product covered by this Article is to be awarded to the lowest
6responsible bidder, an otherwise qualified bidder who is a
7small business, medium-sized business, minority-owned
8business, women-owned business, or who will fulfill the
9contract through the use of Illinois State products may be
10given preference over other bidders, as long as (i) the
11product does not contribute to deforestation or primary forest
12or old-growth forest degradation and (ii) the cost included in
13the bid is not more than 10% greater than the cost included in
14a bid that is not from a small business, medium-sized
15business, minority-owned business, women-owned business, or
16fulfilled through the use of Illinois State products.
17    (b) This Section shall not apply if the head of the
18contracting State agency purchasing the products determines
19that giving preference to bidders under this Section:
20        (1) would be against the public interest;
21        (2) would increase the cost of the contract by an
22    unreasonable amount; or
23        (3) would be impracticable because Illinois products
24    cannot be obtained in sufficient and reasonable available
25    quantities and of satisfactory quality to meet the

 

 

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1    contracting State agency's requirements.
2    (c) Nothing in this Section shall be construed to conflict
3with or otherwise limit the goals and requirements set forth
4by Article 45 of the Illinois Procurement Code or the Business
5Enterprise for Minorities, Women, and Persons with
6Disabilities Act.
 
7    (30 ILCS 500/54-13 new)
8    Sec. 54-13. Rules.
9    (a) On or before July 1, 2026, the Department of Central
10Management Services shall adopt rules for the implementation
11of this Article. The rules shall be developed in consultation
12with the stakeholder advisory group established under Section
1354-9 and shall allow for public input. The rules shall
14include, but shall not be limited to, all of the following:
15        (1) Rules establishing a list of products that are
16    made in whole or in part from forest-risk commodities that
17    are furnished to the State or used by State contractors
18    and that are subject to the requirements of this Article,
19    designed in a manner to limit the administrative burden of
20    the State while deterring deforestation and primary forest
21    and old-growth forest degradation.
22        (2) Rules establishing what certifications or other
23    standards are sufficient or necessary for contractors to
24    supply products that meet the requirements of this
25    Article.

 

 

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1        (3) Rules establishing review of and additions to the
2    list of covered forest-risk commodities and products made
3    in whole or in part of those forest-risk commodities,
4    which shall occur no less often than every 2 years. When
5    evaluating the inclusion of additional commodities in the
6    list, the State Procurement Task Force, in consultation
7    with a stakeholder advisory group and the Director of
8    Central Management Services, shall consider (i) the impact
9    of the commodity as a driver of deforestation or primary
10    forest or old-growth forest degradation, (ii) the state of
11    existing supply chain transparency and traceability
12    systems for the commodity across all the regions from
13    which it is sourced, and (iii) the feasibility of
14    including the commodity in the requirements of Section
15    54-6. Rules adopted under this item (3) shall not be made
16    to weaken existing deforestation-free procurement
17    provisions. The first review of the list of covered
18    forest-risk commodities shall include, but not be limited
19    to, the addition of palm oil, coffee, avocados, and all
20    wood products, including pulp and paper, that are not
21    currently covered by the regulation.
22        (4) Rules establishing guidance to assist contractors
23    in identifying covered forest-risk commodities supplied to
24    the State, performing necessary risk-based supply chain
25    due diligence to meet the requirements of this Division,
26    and certifying that the commodity did not contribute to

 

 

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1    deforestation or primary forest or old-growth forest
2    degradation. For any product made wholly or in part of
3    beef that was produced on land in a country where the
4    production of beef is not a direct cause of deforestation
5    or primary or old growth forest degradation, according to
6    scientific assessments of recent land use trends, the
7    contractor shall be required only to demonstrate that the
8    beef originated in that country.
9        (5) Rules establishing the full set of requirements
10    for a large contractor's forest policy under Section 54-8,
11    including parameters around what information must be
12    publicly disclosed in compliance with the regulations of
13    this Article.
14        (6) Rules establishing a process to ensure that
15    details of certified contracts are made available for
16    public inspection on the website of the Department of
17    Central Management Services after approval of the
18    contract, including the specific covered products included
19    in the contract and the basis for its certification.
20        (7) Rules establishing an easily accessible system
21    through which members of the public may make complaints
22    and submit information regarding violations of this
23    Article.
24        (8) Rules establishing an information-sharing system
25    between State Agencies purchasing products subject to the
26    regulations under this Article and the Department of

 

 

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1    Central Management Services regarding contracts involving
2    purchases of tropical hardwoods and forest-risk
3    commodities after the effective date of this Article.
4        (9) Rules establishing any information-sharing systems
5    with external partners implementing regulations comparable
6    to this Article.
7        (10) Rules detailing information provided in
8    accordance with Section 54-17.
9    (b) The Director of Central Management Services may
10establish a voluntary certification process for current or
11aspiring contractors to be recognized as supplying
12deforestation-free products as a part of the rulemaking
13process if the Director of Central Management Services, in
14consultation with the stakeholder advisory group established
15under Section 54-9, deems it would be advantageous to the
16ongoing implementation of this Article. If the Director of
17Central Management Services, in consultation with the
18stakeholder advisory group established under Section 54-9,
19deems it would be advantageous to establish a voluntary
20certification process for current or aspiring contractors to
21be recognized as supplying deforestation-free products,
22certification shall include the following purchase
23restrictions:
24        (1) that the certification requirements set forth in
25    this Article shall not apply to a purchase of goods of
26    $2,500 or less; and

 

 

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1        (2) that the total amount of goods exempted under
2    paragraph (1) shall not exceed $7,500 per year for each
3    contractor from which a State agency is purchasing goods.
4    It shall be the responsibility of each State agency to
5    monitor the use of this exemption and adhere to these
6    restrictions on these purchases.
 
7    (30 ILCS 500/54-14 new)
8    Sec. 54-14. Assessment. All work products produced under
9Section 54-6 shall be made available to the public on the
10Illinois eProcurement BidBuy website.
 
11    (30 ILCS 500/54-15 new)
12    Sec. 54-15. The supply chain transparency assistance
13program.
14    (a) As used in this Section, "eligible business" means a
15small business, medium-sized business, minority-owned
16business, or woman-owned business seeking to comply with the
17requirements of this Article.
18    (b) In partnership with the Chief Procurement Officer for
19General Services, the Business Enterprise Program, and the
20Department of Central Management Services, the stakeholder
21advisory group established under Section 54-9 of this Article
22is hereby authorized and directed, within one year after the
23effective date of this amendatory Act of the 104th General
24Assembly, to establish, develop, and issue, within available

 

 

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1appropriations, a supply chain transparency assistance program
2to assist small businesses, medium-sized businesses, and
3minority-owned and women-owned businesses in achieving supply
4chains that comply with the requirements of this Article.
5    (c) The purpose of the program developed under this
6Section is to compile and share resources that:
7        (1) help participating eligible businesses with
8    compliance with supply chain related regulations,
9    procurement standards, or contracting requirements
10    established under this Article; and
11        (2) identify funding streams, grant moneys, financial
12    assistance and other resources that may be available to
13    help participating eligible businesses achieve
14    transparent, traceable, ethical, and sustainable supply
15    chains as it pertains to this Article.
16    (d) The Chief Procurement Officer for General Services,
17the Business Enterprise Program, and the Department of Central
18Management Services are responsible for publishing the
19resources compiled by this Article the stakeholder advisory
20group and facilitating communications between eligible
21businesses and the stakeholder advisory group.
 
22    (30 ILCS 500/54-16 new)
23    Sec. 54-16. Report. Beginning 2 years after the effective
24date of this amendatory Act of the 104th General Assembly and
25biennially thereafter, the Director of Central Management

 

 

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1Services and the Director of the Capital Development Board
2shall issue a report to the State Procurement Task Force, the
3Governor, and the General Assembly on the implementation of
4this Article.
 
5    (30 ILCS 500/54-17 new)
6    Sec. 54-17. Applicability.
7    (a) This Act shall apply to all contracts entered into,
8extended, or renewed on or after the adoption of rules as
9described in Section 54-13.
10    (b) If the Governor or the Director of the Department of
11Public Health has issued a disaster declaration because of a
12disaster as defined in Section 4 of the Illinois Emergency
13Management Act and compliance with all the terms of this
14Article would be impracticable because critical commodities
15cannot be obtained in sufficient and reasonable available
16quantities and of satisfactory quality to meet the contracting
17State agency's requirements, then the comprehensive
18requirements of this Article shall be suspended for a period
19of 60 days beginning the day the disaster declaration, in
20accordance with which critical commodities regulated by this
21Article cannot be obtained in sufficient and reasonable
22available quantities and of satisfactory quality to meet the
23contracting State agency's requirements.
24    (b) Ongoing suspension of the comprehensive requirements
25of this Article for terms beyond the initial 60 days must be

 

 

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1formally renewed by the Department of Central Management
2Services and
3        (1) must be dependent upon the existence of an ongoing
4    disaster declaration as defined in Section 4 of the
5    Illinois Emergency Management Act, and
6        (2) a reality where compliance with all of the terms
7    of this Article would be impracticable because critical
8    commodities cannot be obtained in sufficient and
9    reasonable available quantities and of satisfactory
10    quality to meet the contracting State agency's
11    requirements.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.