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    AN ACT concerning finance.

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


 
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    Section 5. The Illinois Procurement Code is amended  by 
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changing Sections 45-20 and 45-25 and  by adding Section 45-26 
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as follows:
 



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    (30 ILCS 500/45-20)



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    Sec. 45-20. Recycled supplies materials. When a public 
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contract
is to be awarded to the
lowest responsible bidder, an 
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otherwise qualified bidder who will
fulfill the contract 
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through the
use of products made of recycled supplies materials 
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may, on a pilot basis
or in accordance with a pilot study,
be 
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given preference over other bidders unable to do so, provided

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that the cost included in the
bid of supplies products made of 
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recycled materials does not constitute an undue economic or 
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practical hardship is not more than 10%
greater than the cost 
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of
products not made of recycled materials.

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(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

 



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    (30 ILCS 500/45-25)



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    Sec. 45-25. Recyclable supplies paper. All supplies paper 
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purchased for
use by State agencies must
be recyclable paper 
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unless a recyclable substitute paper cannot be used to meet
the 
 


 






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requirements of the State
agencies or would constitute an undue 
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economic or practical hardship.  State agencies shall determine 
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their paper requirements
to allow the use of recyclable
paper 
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whenever possible, including without limitation using plain

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paper rather than colored paper
that is not recyclable.

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(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

 
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    (30 ILCS 500/45-26  new)
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    Sec. 45-26. Environmentally preferable procurement.
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    (a) Definitions.  For the purposes of this Section:
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        (1) "Supplies" means all personal property, including 
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    but not limited to equipment, materials, printing, and 
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    insurance, and the financing of those supplies.
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        (2) "Services" means the furnishing of labor, time, or 
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    effort by a contractor, not involving the delivery of a 
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    specific end product other than reports or supplies that 
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    are incidental to the required performance.
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        (3) "Environmentally preferable supplies" means 
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    supplies that are less harmful to the natural environment 
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    and   human health than substantially similar supplies for 
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    the same purpose.  Attributes of environmentally preferable 
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    supplies include, but are not limited to, the following:
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                (i) made of recycled materials, to the maximum 
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            extent feasible;
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                (ii) not containing, emitting, or producing 
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            toxic substances;
 


 






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                (iii) constituted so as to minimize the 
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            production of waste; and
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                (iv) constituted so as to conserve energy and 
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            water resources over the course of production, 
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            transport, intended use, and disposal.
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        (4) "Environmentally preferable services" means 
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    services that are less harmful to the natural environment 
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    and human health than substantially similar services for 
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    the same purpose.  Attributes of "environmentally 
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    preferable services" include, but are not limited to, the 
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    following:
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                (i) use of supplies made of recycled 
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            materials, to the maximum extent feasible;
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                (ii) use of supplies that do not contain, emit, 
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            or produce toxic substances;
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                (iii) employment of methods that minimize the 
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            production of waste; and
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                (iv) employment of methods that conserve 
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            energy and water resources or use energy and water 
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            resources more efficiently than substantially 
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            similar methods.
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    (b) Award of contracts for environmentally preferable 
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supplies or services.  Notwithstanding any rule, regulation, 
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statute, order, or policy of any kind, with the exceptions of 
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Sections 45-20 and 45-25 of this Code, State agencies shall 
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contract for supplies and services that are environmentally 
 


 






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preferable.
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    If, however,  contracting for an environmentally preferable 
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supply or service would impose an undue economic or practical 
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hardship on the contracting State agency, or if an 
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environmentally preferable supply or service cannot be used to 
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meet the requirements of the State agency, then the State 
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agency need not contract for an environmentally preferable 
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supply or service.

Specifications for contracts, at the 
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discretion of the contracting State agency, may include a price 
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preference of up to 10% for environmentally preferable supplies 
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or services. 

 
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    Section 99. Effective date. This Act takes effect January 
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1, 2010.