|
|||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||
1 | AN ACT concerning finance.
| ||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||
4 | Section 5. The State Finance Act is amended by changing | ||||||||||||||||||||||||||||||||
5 | Sections 6p-3 and 8.8a as follows:
| ||||||||||||||||||||||||||||||||
6 | (30 ILCS 105/6p-3) (from Ch. 127, par. 142p3)
| ||||||||||||||||||||||||||||||||
7 | Sec. 6p-3. (a) All The State Surplus Property Revolving | ||||||||||||||||||||||||||||||||
8 | Fund shall be initially
financed by a transfer of funds from | ||||||||||||||||||||||||||||||||
9 | the General Revenue Fund. Thereafter
all fees and other monies | ||||||||||||||||||||||||||||||||
10 | received by the Department of Central Management
Services from | ||||||||||||||||||||||||||||||||
11 | the sale or transfer of surplus or transferable property | ||||||||||||||||||||||||||||||||
12 | pursuant
to the "State Property Control Act" and "An Act to | ||||||||||||||||||||||||||||||||
13 | create and establish
a State Agency for Federal Surplus | ||||||||||||||||||||||||||||||||
14 | Property, to prescribe its powers, duties
and functions", | ||||||||||||||||||||||||||||||||
15 | approved August 2, 1965, as amended, shall be paid into
the | ||||||||||||||||||||||||||||||||
16 | Facilities Management State Surplus Property Revolving Fund. | ||||||||||||||||||||||||||||||||
17 | Except as provided in
paragraph (e) of this Section, the money | ||||||||||||||||||||||||||||||||
18 | in this fund shall be used by the
Department of Central | ||||||||||||||||||||||||||||||||
19 | Management Services as reimbursement for expenditures
incurred | ||||||||||||||||||||||||||||||||
20 | in relation to the sale of surplus or transferable property.
| ||||||||||||||||||||||||||||||||
21 | (b) Blank. If at the end of the lapse period the balance in | ||||||||||||||||||||||||||||||||
22 | the State Surplus
Property Revolving Fund exceeds the amount of | ||||||||||||||||||||||||||||||||
23 | $500,000, all monies in
excess of that amount shall be |
| |||||||
| |||||||
1 | transferred and deposited into the
General Revenue Fund.
| ||||||
2 | (c) Provided, however, that the Facilities Management | ||||||
3 | Revolving Fund fund established by this Section shall
contain a | ||||||
4 | separate account for the deposit of all proceeds resulting from
| ||||||
5 | the sale of Federal surplus property, and the proceeds of this | ||||||
6 | separate
account shall be used solely to reimburse the | ||||||
7 | Department of Central
Management Services for expenditures | ||||||
8 | incurred in relation to the sale of
Federal surplus property.
| ||||||
9 | (d) (Blank). Any funds on deposit in the State Agency for | ||||||
10 | Surplus Property
Utilization Fund on the effective date of this | ||||||
11 | amendatory Act of 1983 shall
be transferred to the Federal | ||||||
12 | account of the State Surplus Property
Revolving Fund.
| ||||||
13 | (e) Revenues received from the sale of wastepaper through | ||||||
14 | paper
recycling programs shall be placed into a separate | ||||||
15 | account in the Fund and
shall be used to offset costs to the | ||||||
16 | Department of establishing and
operating wastepaper recycling | ||||||
17 | programs. At the end of each calendar
quarter, any amounts in | ||||||
18 | the separate account that have not been used or
designated for | ||||||
19 | use shall be transferred to the Paper and Printing
Revolving | ||||||
20 | Fund.
| ||||||
21 | (f) Any disbursements on or after July 1, 2009 for | ||||||
22 | liabilities incurred on or after July 1, 2009 that otherwise | ||||||
23 | would be made from the State Surplus Property Revolving Fund | ||||||
24 | shall be made from the Facilities Management Revolving Fund. | ||||||
25 | Any moneys that otherwise would be paid into the State Surplus | ||||||
26 | Property Revolving Fund on or after July 1, 2009 shall be |
| |||||||
| |||||||
1 | deposited into the Facilities Management Revolving Fund. The | ||||||
2 | State Surplus Property Revolving Fund shall cease to exist on | ||||||
3 | October 1, 2009. Any balance in the Fund as of that date shall | ||||||
4 | be transferred into the Facilities Management Revolving Fund. | ||||||
5 | (Source: P.A. 85-1197.)
| ||||||
6 | (30 ILCS 105/8.8a) (from Ch. 127, par. 144.8a)
| ||||||
7 | Sec. 8.8a. Appropriations for the sale or transfer of | ||||||
8 | surplus or
transferable property by the Department of Central | ||||||
9 | Management Services,
and for all other expenses incident to the | ||||||
10 | handling, transportation,
maintenance and storage of such | ||||||
11 | surplus property, including personal
services and contractual | ||||||
12 | services connected therewith and for expenses
incident to the | ||||||
13 | establishment and operation of wastepaper recycling programs
| ||||||
14 | by the Department, are payable from the Facilities Management | ||||||
15 | State Surplus Property Revolving Fund.
| ||||||
16 | (Source: P.A. 85-1197.)
| ||||||
17 | (30 ILCS 105/5.107 rep.)
| ||||||
18 | Section 10. The State Finance Act is amended by repealing | ||||||
19 | Section 5.107. | ||||||
20 | Section 15. The Federal Commodity Disbursement Act is | ||||||
21 | amended by changing Section 2 as follows:
| ||||||
22 | (30 ILCS 255/2) (from Ch. 127, par. 176c)
|
| |||||||
| |||||||
1 | Sec. 2. Any officer, department or agency of this State who | ||||||
2 | or which shall be
designated by the Governor as the State | ||||||
3 | Agency for Surplus Property
Utilization is authorized to | ||||||
4 | promulgate regulations for the carrying out of
its distribution | ||||||
5 | of surplus funds and commodities. All fees and moneys
collected | ||||||
6 | or received by the employees or agents of the State officer or
| ||||||
7 | agency who or which is designated as the receiving agency shall | ||||||
8 | be paid or
turned over to and held by the State Treasurer as ex | ||||||
9 | officio custodian
thereof separate and apart from all public | ||||||
10 | funds or moneys of this State
and shall be known as the Federal | ||||||
11 | account of the Facilities Management State Surplus Property
| ||||||
12 | Revolving Fund, to be administered by the designated State | ||||||
13 | officer or agency. All
disbursements from this fund shall be | ||||||
14 | made only upon warrants of the State
Comptroller drawn upon the | ||||||
15 | Treasurer as custodian of this fund upon
vouchers signed by the | ||||||
16 | designated State officer or agency, and the
Comptroller is | ||||||
17 | hereby authorized to draw such warrants upon vouchers so
| ||||||
18 | signed. The Treasurer shall accept all warrants so signed and | ||||||
19 | shall be
released from liability for all payments made thereon.
| ||||||
20 | (Source: P.A. 83-9.)
| ||||||
21 | Section 20. The Illinois Solid Waste Management Act is | ||||||
22 | amended by changing Section 3 as follows:
| ||||||
23 | (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
| ||||||
24 | Sec. 3. State agency materials recycling program.
|
| |||||||
| |||||||
1 | (a) All State agencies responsible for the maintenance of | ||||||
2 | public lands in
the State shall, to the maximum extent | ||||||
3 | feasible, give due consideration and
preference to the use of | ||||||
4 | compost materials in all land maintenance
activities which are | ||||||
5 | to be paid with public funds.
| ||||||
6 | (b) The Department of Central Management Services, in | ||||||
7 | coordination
with the Department of Commerce and Economic | ||||||
8 | Opportunity, shall implement
waste reduction programs, | ||||||
9 | including source separation and collection, for
office | ||||||
10 | wastepaper, corrugated containers, newsprint and mixed paper, | ||||||
11 | in all
State buildings as appropriate and feasible. Such waste | ||||||
12 | reduction programs
shall be designed to achieve waste | ||||||
13 | reductions of at least 25% of
all such waste by December 31, | ||||||
14 | 1995, and at least 50% of all such waste by
December 31, 2000. | ||||||
15 | Any source separation and collection program
shall include, at | ||||||
16 | a minimum, procedures for collecting and storing
recyclable | ||||||
17 | materials, bins or containers for storing materials, and
| ||||||
18 | contractual or other arrangements with buyers of recyclable | ||||||
19 | materials. If
market conditions so warrant, the Department of | ||||||
20 | Central Management
Services, in coordination with the | ||||||
21 | Department of Commerce and Economic Opportunity, may modify | ||||||
22 | programs developed pursuant to this Section.
| ||||||
23 | The Department of Commerce and Community Affairs (now | ||||||
24 | Department of Commerce and Economic Opportunity) shall conduct | ||||||
25 | waste
categorization studies of all State facilities for | ||||||
26 | calendar years 1991,
1995 and 2000. Such studies shall be |
| |||||||
| |||||||
1 | designed to assist the Department of
Central Management | ||||||
2 | Services to achieve the waste reduction goals
established in | ||||||
3 | this subsection.
| ||||||
4 | (c) Each State agency shall, upon consultation with the | ||||||
5 | Department of
Commerce and Economic Opportunity,
periodically | ||||||
6 | review its procurement procedures and specifications related
| ||||||
7 | to the purchase of products or supplies. Such procedures and
| ||||||
8 | specifications shall be modified as necessary to require the | ||||||
9 | procuring
agency to seek out products and supplies that contain | ||||||
10 | recycled materials,
and to ensure that purchased products or | ||||||
11 | supplies are reusable, durable or
made from recycled materials | ||||||
12 | whenever economically and practically
feasible. In choosing | ||||||
13 | among products or supplies that contain recycled
material, | ||||||
14 | consideration shall be given to products and supplies with the
| ||||||
15 | highest recycled material content that is consistent with the | ||||||
16 | effective and
efficient use of the product or supply.
| ||||||
17 | (d) Wherever economically and practically feasible, the | ||||||
18 | Department of
Central Management Services shall procure | ||||||
19 | recycled paper and paper products
as follows:
| ||||||
20 | (1) Beginning July 1, 1989, at least 10% of the
total | ||||||
21 | dollar value of paper and paper products purchased by
the | ||||||
22 | Department of Central Management Services shall be
| ||||||
23 | recycled paper and paper products.
| ||||||
24 | (2) Beginning July 1, 1992, at least 25% of the
total | ||||||
25 | dollar value of paper and paper products purchased by
the | ||||||
26 | Department of Central Management Services shall be
|
| |||||||
| |||||||
1 | recycled paper and paper products.
| ||||||
2 | (3) Beginning July 1, 1996, at least
40% of the total | ||||||
3 | dollar value of paper and paper products
purchased by the | ||||||
4 | Department of Central Management Services shall be
| ||||||
5 | recycled paper and paper products.
| ||||||
6 | (4) Beginning July 1, 2000, at least 50% of the total | ||||||
7 | dollar value of
paper and paper products purchased by the | ||||||
8 | Department of Central Management
Services shall be | ||||||
9 | recycled paper and paper products.
| ||||||
10 | (e) Paper and paper products purchased from private vendors
| ||||||
11 | pursuant to printing contracts are not considered paper | ||||||
12 | products for the
purposes of subsection (d). However, the | ||||||
13 | Department of Central Management
Services shall report to the | ||||||
14 | General Assembly on an annual
basis the total dollar value of | ||||||
15 | printing contracts awarded to private
sector vendors that | ||||||
16 | included the use of recycled paper.
| ||||||
17 | (f)(1) Wherever economically and practically feasible, the | ||||||
18 | recycled paper
and paper products referred to in subsection | ||||||
19 | (d) shall contain postconsumer
or recovered paper | ||||||
20 | materials as specified by paper category in this | ||||||
21 | subsection:
| ||||||
22 | (i) Recycled high grade printing and writing paper | ||||||
23 | shall contain at
least 50% recovered paper material. | ||||||
24 | Such recovered paper material, until
July 1, 1994, | ||||||
25 | shall consist of at least 20% deinked stock or | ||||||
26 | postconsumer
material; and beginning July 1, 1994, |
| |||||||
| |||||||
1 | shall consist of at least 25%
deinked stock or | ||||||
2 | postconsumer material; and beginning July 1, 1996, | ||||||
3 | shall
consist of at least 30% deinked stock or | ||||||
4 | postconsumer material; and
beginning July 1, 1998, | ||||||
5 | shall consist of at least 40% deinked stock or
| ||||||
6 | postconsumer material; and beginning July 1, 2000, | ||||||
7 | shall consist of at
least 50% deinked stock or | ||||||
8 | postconsumer material.
| ||||||
9 | (ii) Recycled tissue products, until July 1, 1994, | ||||||
10 | shall contain at
least 25% postconsumer material; and | ||||||
11 | beginning July 1, 1994, shall contain
at least 30% | ||||||
12 | postconsumer material; and beginning July 1, 1996, | ||||||
13 | shall
contain at least 35% postconsumer material; and | ||||||
14 | beginning July 1, 1998,
shall contain at least 40% | ||||||
15 | postconsumer material; and beginning July 1,
2000, | ||||||
16 | shall contain at least 45% postconsumer material.
| ||||||
17 | (iii) Recycled newsprint, until July 1, 1994, | ||||||
18 | shall contain at least
40% postconsumer material; and | ||||||
19 | beginning July 1, 1994, shall contain at
least 50% | ||||||
20 | postconsumer material; and beginning July 1, 1996, | ||||||
21 | shall contain
at least 60% postconsumer material; and | ||||||
22 | beginning July 1, 1998, shall
contain at least 70% | ||||||
23 | postconsumer material; and beginning July 1, 2000,
| ||||||
24 | shall contain at least 80% postconsumer material.
| ||||||
25 | (iv) Recycled unbleached packaging, until July 1, | ||||||
26 | 1994, shall
contain at least 35% postconsumer |
| |||||||
| |||||||
1 | material; and beginning July 1, 1994,
shall contain at | ||||||
2 | least 40% postconsumer material; and beginning July 1,
| ||||||
3 | 1996, shall contain at least 45% postconsumer | ||||||
4 | material; and beginning July
1, 1998, shall contain at | ||||||
5 | least 50% postconsumer material; and beginning
July 1, | ||||||
6 | 2000, shall contain at least 55% postconsumer | ||||||
7 | material.
| ||||||
8 | (v) Recycled paperboard, until July 1, 1994, shall | ||||||
9 | contain at least
80% postconsumer material; and | ||||||
10 | beginning July 1, 1994, shall contain at
least 85% | ||||||
11 | postconsumer material; and beginning July 1, 1996, | ||||||
12 | shall contain
at least 90% postconsumer material; and | ||||||
13 | beginning July 1, 1998, shall
contain at least 95% | ||||||
14 | postconsumer material.
| ||||||
15 | (2) For the purposes of this Section, "postconsumer | ||||||
16 | material" includes:
| ||||||
17 | (i) paper, paperboard, and fibrous wastes from | ||||||
18 | retail stores, office
buildings, homes, and so forth, | ||||||
19 | after the waste has passed through its end
usage as a | ||||||
20 | consumer item, including used corrugated boxes, old | ||||||
21 | newspapers,
mixed waste paper, tabulating cards, and | ||||||
22 | used cordage; and
| ||||||
23 | (ii) all paper, paperboard, and fibrous wastes | ||||||
24 | that are diverted or
separated from the municipal solid | ||||||
25 | waste stream.
| ||||||
26 | (3) For the purposes of this Section, "recovered paper |
| |||||||
| |||||||
1 | material" includes:
| ||||||
2 | (i) postconsumer material;
| ||||||
3 | (ii) dry paper and paperboard waste generated | ||||||
4 | after completion of the
papermaking process (that is, | ||||||
5 | those manufacturing operations up to and
including the | ||||||
6 | cutting and trimming of the paper machine reel into | ||||||
7 | smaller
rolls or rough sheets), including envelope | ||||||
8 | cuttings, bindery trimmings, and
other paper and | ||||||
9 | paperboard waste resulting from printing, cutting,
| ||||||
10 | forming, and other converting operations, or from bag, | ||||||
11 | box and carton
manufacturing, and butt rolls, mill | ||||||
12 | wrappers, and rejected unused stock; and
| ||||||
13 | (iii) finished paper and paperboard from obsolete | ||||||
14 | inventories of
paper and paperboard manufacturers, | ||||||
15 | merchants, wholesalers, dealers,
printers, converters, | ||||||
16 | or others.
| ||||||
17 | (g) The Department of Central Management Services may
adopt | ||||||
18 | regulations to carry out the provisions and
purposes of this | ||||||
19 | Section.
| ||||||
20 | (h) Every State agency shall, in its procurement documents, | ||||||
21 | specify
that, whenever economically and practically feasible, | ||||||
22 | a product to be
procured must consist, wholly or in part, of | ||||||
23 | recycled materials, or be
recyclable or reusable in whole or in | ||||||
24 | part. When applicable, if state
guidelines are not already | ||||||
25 | prescribed, State agencies shall follow USEPA
guidelines for | ||||||
26 | federal procurement.
|
| |||||||
| |||||||
1 | (i) All State agencies shall cooperate with the Department | ||||||
2 | of Central
Management Services in carrying out this Section. | ||||||
3 | The Department of
Central Management Services may enter into | ||||||
4 | cooperative purchasing
agreements with other governmental | ||||||
5 | units in order to obtain volume
discounts, or for other reasons | ||||||
6 | in accordance with the Governmental Joint
Purchasing Act, or in | ||||||
7 | accordance with the Intergovernmental Cooperation Act
if | ||||||
8 | governmental units of other states or the federal government | ||||||
9 | are involved.
| ||||||
10 | (j) The Department of Central Management Services shall | ||||||
11 | submit an annual
report to the General Assembly concerning its | ||||||
12 | implementation of the
State's collection and recycled paper | ||||||
13 | procurement programs. This report
shall include a description | ||||||
14 | of the actions that the Department of Central
Management | ||||||
15 | Services has taken in the previous fiscal year to implement | ||||||
16 | this
Section. This report shall be submitted on or before | ||||||
17 | November 1 of each year.
| ||||||
18 | (k) The Department of Central Management Services, in
| ||||||
19 | cooperation with all other appropriate departments and | ||||||
20 | agencies of the
State, shall institute whenever economically | ||||||
21 | and practically feasible the
use of re-refined motor oil in all | ||||||
22 | State-owned motor vehicles and the use
of remanufactured and | ||||||
23 | retread tires whenever such use is practical,
beginning no | ||||||
24 | later than July 1, 1992.
| ||||||
25 | (l) (Blank).
| ||||||
26 | (m) The Department of Central Management Services, in |
| |||||||
| |||||||
1 | coordination with
the Department of Commerce and Community | ||||||
2 | Affairs (now Department of Commerce and Economic Opportunity), | ||||||
3 | shall implement an aluminum
can recycling program in all State | ||||||
4 | buildings within 270 days of the effective
date of this | ||||||
5 | amendatory Act of 1997. The program shall provide for (1) the
| ||||||
6 | collection and storage of used aluminum cans in bins or other | ||||||
7 | appropriate
containers made reasonably available to occupants | ||||||
8 | and visitors of State
buildings and (2) the sale of used | ||||||
9 | aluminum cans to buyers of recyclable
materials.
| ||||||
10 | Proceeds from the sale of used aluminum cans shall be | ||||||
11 | deposited into I-CYCLE
accounts maintained in the Facilities | ||||||
12 | Management State Surplus Property Revolving Fund and, subject
| ||||||
13 | to appropriation, shall be used by the Department of Central | ||||||
14 | Management
Services and any other State agency to offset the | ||||||
15 | costs of implementing the
aluminum can recycling program under | ||||||
16 | this Section.
| ||||||
17 | All State agencies having an aluminum can recycling program | ||||||
18 | in place shall
continue with their current plan. If a State | ||||||
19 | agency has an existing recycling
program in place, proceeds | ||||||
20 | from the aluminum can recycling program may be
retained and | ||||||
21 | distributed pursuant to that program, otherwise all revenue
| ||||||
22 | resulting from these programs shall be forwarded to Central | ||||||
23 | Management
Services, I-CYCLE for placement into the | ||||||
24 | appropriate account within the Facilities Management State
| ||||||
25 | Surplus Property Revolving Fund, minus any operating costs | ||||||
26 | associated with the
program.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
2 | Section 99. Effective date. This Act takes effect July 1, | ||||||
3 | 2009, except that Section 10 takes effect November 1, 2009.
|