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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Sections 45-20 and 45-25 and by adding Section 45-26 | ||||||
6 | as follows:
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7 | (30 ILCS 500/45-20)
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8 | Sec. 45-20. Recycled supplies materials . When a public | ||||||
9 | contract
is to be awarded to the
lowest responsible bidder, an | ||||||
10 | otherwise qualified bidder who will
fulfill the contract | ||||||
11 | through the
use of products made of recycled supplies materials | ||||||
12 | may , on a pilot basis
or in accordance with a pilot study,
be | ||||||
13 | given preference over other bidders unable to do so, provided
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14 | that the cost included in the
bid of supplies products made of | ||||||
15 | recycled materials does not constitute an undue economic or | ||||||
16 | practical hardship is not more than 10%
greater than the cost | ||||||
17 | of
products not made of recycled materials .
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18 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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19 | (30 ILCS 500/45-25)
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20 | Sec. 45-25. Recyclable supplies paper . All supplies paper | ||||||
21 | purchased for
use by State agencies must
be recyclable paper | ||||||
22 | unless a recyclable substitute paper cannot be used to meet
the |
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1 | requirements of the State
agencies or would constitute an undue | ||||||
2 | economic or practical hardship . State agencies shall determine | ||||||
3 | their paper requirements
to allow the use of recyclable
paper | ||||||
4 | whenever possible, including without limitation using plain
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5 | paper rather than colored paper
that is not recyclable.
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6 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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7 | (30 ILCS 500/45-26 new) | ||||||
8 | Sec. 45-26. Environmentally preferable procurement. | ||||||
9 | (a) Definitions. For the purposes of this Section: | ||||||
10 | (1) "Supplies" means all personal property, including | ||||||
11 | but not limited to equipment, materials, printing, and | ||||||
12 | insurance, and the financing of those supplies. | ||||||
13 | (2) "Services" means the furnishing of labor, time, or | ||||||
14 | effort by a contractor, not involving the delivery of a | ||||||
15 | specific end product other than reports or supplies that | ||||||
16 | are incidental to the required performance. | ||||||
17 | (3) "Environmentally preferable supplies" means | ||||||
18 | supplies that are less harmful to the natural environment | ||||||
19 | and human health than substantially similar supplies for | ||||||
20 | the same purpose. Attributes of environmentally preferable | ||||||
21 | supplies include, but are not limited to, the following: | ||||||
22 | (i) made of recycled materials, to the maximum | ||||||
23 | extent feasible; | ||||||
24 | (ii) not containing, emitting, or producing | ||||||
25 | toxic substances; |
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1 | (iii) constituted so as to minimize the | ||||||
2 | production of waste; and | ||||||
3 | (iv) constituted so as to conserve energy and | ||||||
4 | water resources over the course of production, | ||||||
5 | transport, intended use, and disposal. | ||||||
6 | (4) "Environmentally preferable services" means | ||||||
7 | services that are less harmful to the natural environment | ||||||
8 | and human health than substantially similar services for | ||||||
9 | the same purpose. Attributes of "environmentally | ||||||
10 | preferable services" include, but are not limited to, the | ||||||
11 | following: | ||||||
12 | (i) use of supplies made of recycled | ||||||
13 | materials, to the maximum extent feasible; | ||||||
14 | (ii) use of supplies that do not contain, emit, | ||||||
15 | or produce toxic substances; | ||||||
16 | (iii) employment of methods that minimize the | ||||||
17 | production of waste; and | ||||||
18 | (iv) employment of methods that conserve | ||||||
19 | energy and water resources or use energy and water | ||||||
20 | resources more efficiently than substantially | ||||||
21 | similar methods. | ||||||
22 | (b) Award of contracts for environmentally preferable | ||||||
23 | supplies or services. Notwithstanding any rule, regulation, | ||||||
24 | statute, order, or policy of any kind, with the exceptions of | ||||||
25 | Sections 45-20 and 45-25 of this Code, State agencies shall | ||||||
26 | contract for supplies and services that are environmentally |
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1 | preferable. | ||||||
2 | If, however, contracting for an environmentally preferable | ||||||
3 | supply or service would impose an undue economic or practical | ||||||
4 | hardship on the contracting State agency, or if an | ||||||
5 | environmentally preferable supply or service cannot be used to | ||||||
6 | meet the requirements of the State agency, then the State | ||||||
7 | agency need not contract for an environmentally preferable | ||||||
8 | supply or service.
Specifications for contracts, at the | ||||||
9 | discretion of the contracting State agency, may include a price | ||||||
10 | preference of up to 10% for environmentally preferable supplies | ||||||
11 | or services.
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12 | Section 99. Effective date. This Act takes effect January | ||||||
13 | 1, 2010.
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