HB5117 103RD GENERAL ASSEMBLY

LRB103 37077 JAG 67195 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5117

Introduced 2/8/2024, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

New Act

Creates the Deforestation-Free Procurement Act. Prohibits the State and any governmental agency, political subdivision, or public benefit corporation of the State from purchasing or obtaining for any purpose any tropical hardwoods or tropical hardwood products. Prohibits a bid proposal or solicitation, request for bid or proposal, or contract for the construction of any public work, building maintenance, or improvement for or on behalf of the State and any government agency, political subdivision, or public benefit corporation of the State from requiring or permitting the use of any tropical hardwood or tropical wood product. Provides that every contract entered into by a State agency or authority that includes the procurement of any product comprised of a tropical forest-risk commodity shall require the contractor to confirm that the commodity furnished to the State under the contract was not extracted from, grown, derived, harvested, reared, or produced on land where tropical or boreal deforestation or primary forest degradation occurred on or after January 1, 2022. Sets forth forest policies that large contractors must adopt. Provides for sanctions against a contractor or subcontractor who violates the Act. Requires the Department of Central Management Services to adopt rules to implement the Act. Requires the Director of the Department to submit an assessment to the General Assembly regarding the details of all contracts certified under the Act. Requires the Environmental Protection Agency to complete a study to determine whether the requirements of the Act shall apply to tropical forest-risk commodities originating in boreal forests. Requires the Director to issue a report every 2 years on the implementation of the Act. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning finance.

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

Section 1. Short title. This Act may be cited as the Deforestation-Free Procurement Act.

Section 5. Legislative findings. The General Assembly finds and declares the following:

(1) Tropical forests cover roughly 7% of Earth's surface, but harbor close to 50% of all species on Earth.

(2) Boreal forests represent about 30% of the global forest area, help regulate the climate through the exchange of energy and water, and are a large reservoir of biogenic carbon.

(3) It has been estimated that at least 30% of the world's greenhouse gas emissions come from deforestation and forest degradation. Taking into account carbon sequestration potential, experts estimate that stopping the loss of tropical forests, mangroves, and wetlands will achieve over 20% of climate mitigation by 2030.

Section 10. Definitions. As used in this Section:

"Boreal countries" include Russia, Canada, the United States, Finland, Sweden, Norway, Iceland, China, and Japan.

"Boreal forest" means a forest growing in high-latitude environments where freezing temperatures occur for 6 to 8 months and in which trees are capable of reaching a minimum height of 5 meters and a canopy cover of 10%.

"Contractor" means any person or entity that has a contract with a State agency or authority for public works or improvements to be performed, for a franchise, concession, or lease of property, for grant moneys or goods and services or supplies to be purchased at the expense of the State agency or authority or to be paid out of moneys deposited into the State treasury or out of trust moneys under the control of or collected by the State agency or authority.

"Deforestation" means direct human-induced conversion of tropical or boreal forests to agriculture, a tree plantation, or other nonforest land use.

"Forest-risk commodity" means any commodity and its derived products, including agricultural and nonagricultural commodities but excluding tropical hardwood and tropical wood products, whether in raw or processed form, that commodity is commonly extracted from or grown, derived, harvested, reared, or produced on land where tropical or boreal deforestation or intact forest degradation has occurred or is likely to occur. "Forest-risk commodity" includes palm oil, soy, beef, coffee, leather, wood pulp, paper, logs, lumber, and any additional commodities identified as such by the Director of Central Management Services by rule. "Tropical forest-risk commodity" does not include wood pulp or paper made entirely from recovered fiber.

"Forest-risk commodity" means any commodity and its derived products, including agricultural and nonagricultural commodities but excluding tropical hardwood and tropical wood products, whether in raw or processed form, that commodity is commonly extracted from or grown, derived, harvested, reared, or produced on land where tropical or boreal deforestation or intact forest degradation has occurred or is likely to occur. "Tropical forest-risk commodity" includes palm oil, soy, beef, coffee, leather, wood pulp, paper, logs, lumber, and any additional commodities identified as such by the Director of Central Management Services by rule. "Tropical forest-risk commodity" does not include wood pulp or paper made entirely from recovered fiber.

"Free, prior, and informed consent" means the principle that a community has the right to give or withhold its consent to proposed developments that may affect the land and waters it legally or customarily owns, occupies, or otherwise uses, as described in the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention of 1989, and other international instruments. "Free, prior, and informed consent" also means informed, noncoercive negotiations between investors, companies, or governments and indigenous peoples and local communities prior to project development.

"Illinois State Product" means products that are grown, harvested, or produced in this State or processed inside or outside this State comprising over 51% raw materials grown, harvested, or produced in this State, by weight or volume.

"Intact forest" means a forest that has never been industrially logged and has developed following natural disturbances and under natural processes, regardless of its age. "Intact forest" includes a forest that has experienced nonindustrial-scale human impacts, including traditional or subsistence activities carried out by indigenous communities.

"Intact forest degradation" means severe and sustained degradation of a tropical or boreal forest resulting in significant intact forest loss or a profound change in species composition, structure, or ecological function of that forest.

"Large contractor" means any contractor whose annual revenue, or that of its parent company, is equal to or greater than $100,000,000.

"Medium-sized business" means a business that operates in this State, is independently owned and operated, not dominant in its field, and employs between 100 and 500 persons.

"Minority-owned business" has the meaning given to that term in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Peat" means a soil that is rich in organic matter composed of partially decomposed plant materials equal to or greater than 40 centimeters of the top 100 centimeters of the soil.

"Peatlands" means wetlands with a layer of peat made up of dead and decaying plant material. "Peatlands" includes moors, bogs, mires, peat swamp forests, and permafrost tundra.

"Point-of-origin" means the geographic location, as identified by the smallest administrative unit of land, where a commodity was grown, derived, harvested, reared, or produced.

"Recovered fiber" means postconsumer fiber such as paper, paperboard, and fibrous materials from retail stores, office buildings, and homes, after having passed through their end usage, including used corrugated boxes, old newspapers, old magazines, mixed waste paper, tabulating cards, and used cordage, and all paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste, and manufacturing wastes such as dry paper and paperboard waste generated after completion of the papermaking process, including envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting from printing, cutting, forming, and other converting operations, bag, box, and carton manufacturing wastes, and butt rolls, mill wrappers, and rejected unused stock, and repulped finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, and others.

"Secondary material" means any material recovered from or otherwise destined for the wastestream, including, but not limited to, post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

"Small business" has the meaning given to that term in Section 45-45 of the Illinois Procurement Code.

"Tropical hardwood" means any and all hardwood, scientifically classified as angiosperm, that grows in any tropical forest. "Tropical hardwood" shall include but shall not be limited to the following species:

(1) Prunus Africana (African cherry, red stinkwood)

(2) Caryocar Costaricense (garlic tree)

(3) Calophyllum species (bintangor)

(4) Cedrela species (cedar, Spanish cedar, South American cedar)

(5) Neobalanocarpus Heimii (chengal)

(6) Octomeles Sumatrana (Benuang)

(7) Myroxylon Balsamum (balsamo)

(8) Apuleia Leiocarpa (garapa)

(9) Parastemon Urophyllus (malas)

(10) Spicatus Ridley Hopea species (merawan)

(11) Araucaria Araucana (monkey puzzle, Chilean pine)

(12) Senna Siamea (Siamese cassia)

(13) Pometia Pinnata (taun)

(14) Millettia Leucantha, Millettia Stuhlmannii, Millettia Laurentii (sathon, panga panga, wenge)

(15) Bulnesia Arborea, Bulnesia Sarmientoi (verawood, Argentine lignum vitae)

(16) Tristaniopsis Laurina (water gum)

(17) Terminalia species (limba, afara, ofram, idigbo, framire, black afara, amarillo, nargusta)

(18) Homalium Foetidum (malas)

(19) Dillenia Papuana (dillenia)

(20) Canarium species (red canarium, grey canarium)

(21) Burkrella Macropoda (rang rang)

(22) Dracontomelon Dao (New Guinea walnut)

(23) Planchonella species (white planchonella, red planchonella)

(24) Lophopetalum species (perupok)

(25) Cariniana Pyriformis (Colombian mahogany, abarco, jequitiba)

(26) Mitragyna Ciliata (abura)

(27) Vouacapoua Americana (acapu)

(28) Amburana Cearensis (amburana, cerejeira, cumare)

(29) Lovoa species (African walnut, tigerwood)

(30) Pericopsis Elata (afrormosia)

(31) Peltogyne species (amaranth, purpleheart)

(32) Pterogyne Nitens (amendoim)

(33) Carapa Guianensis, Dicorynia Guianensis, Bagassa Guianensis, Couratari Guianensis (andiroba, angelique, tatajuba, bagasse)

(34) Aningeria species (aningeria, anegre, anigre)

(35) Dipterocarpus species (apitong, keruing)

(36) Centrolobium species (arariba)

(37) Brosimum Utile, Brosimum Alicastrum (baco, breadnut)

(38) Ochroma Lagopus, Ochroma Pyramidale (balsa)

(39) Berlinia species (berlinia, rose zebrano)

(40) Symphonia Globulifera (boarwood)

(41) Detarium Senegalense (boire)

(42) Caesalpinia Echinata, Paubrasilia Echinata (Brazilwood, pernambuco)

(43) Bertholletia Excelsa (Brazil nut, mora)

(44) Guibourtia species (bubinga, African rosewood, kevazingo, amazique)

(45) Toona Calantas (calantas)

(46) Prioria copaifera (cativo)

(47) Ceiba Pentandra (ceiba)

(48) Antiaris africana (chechen, antiaris)

(49) Tabebuia Donnell-Smithii (copal)

(50) Daniellia species (daniellia)

(51) Cordia species (cordia wood, bocote, ziricote, louro, freijo)

(52) Hymenaea Courbaril (courbaril, West Indian locust)

(53) Dipteryx Odorata (cumaru, Brazilian teak)

(54) Piptadeniastrum Africanum (dahoma)

(55) Calycophyllum Candidissimum (dagame, lemonwood)

(56) Afzelia species (doussie)

(57) Diospyros species (ebony, ceylon ebony, marblewood)

(58) Lophira Alata (ekki, azobe, red ironwood)

(59) Combretodendron Macrocarpum (esia)

(60) Chlorophora Tinctoria, Chlorophora Excelsa (fustic, iroko, African teak)

(61) Aucoumea Klaineana (gaboon, okoume)

(62) Astronium species (goncalo alves, tigerwood)

(63) Ocotea Rodiei (greenheart)

(64) Enterolobium Cyclocarpum (guanacaste, elephant-ear tree)

(65) Guarea species (guarea, bosse)

(66) Phoebe Porosa (imbuia, Brazilian walnut)

(67) Handroanthus species (ipe, pau d'arco, lapacho)

(68) Jacaranda Copaia (jacaranda)

(69) Machaerium Villosum (jacaranda pardo)

(70) Dyera Costulata (jelutong)

(71) Dryobalanops species (kapur, keladan)

(72) Koompassia Malaccensis (kempas)

(73) Acacia Koa (koa)

(74) Pterygota Macrocarpa (koto, African pterygota)

(75) Oxandra Lanceolata (lancewood)

(76) Shorea species (lauan, luan, lawaan, meranti, seraya, Philippine mahogany, balau)

(77) Nothofagus Pumilio, Nothofagus Obliqua (lenga beech, roble)

(78) Guaiacum Officinale (roughbark lignum-vitae)

(79) Aniba Rosaeodora, Aniba Duckei (pau rosa)

(80) Nectandra species (louro preto)

(81) Khaya species (African mahogany)

(82) Swietenia species (mahogany, West Indian mahogany, Honduran mahogany, Cuban mahogany, big-leaf mahogany)

(83) Tieghemella Heckelii (makora)

(84) Intsia Bijuga, Intsia Palembanica (Borneo teak, merbau)

(85) Anisoptera species (mersawa, krabak, palosapis)

(86) Distemonanthus Benthamianus (movingui, ayan)

(87) Pterocarpus species (narra, amboyna, Papua New Guinea rosewood, mukula, kosso, zitan, hongmu, padauk, vermillion wood)

(88) Palaquium species (nyatoh)

(89) Triplochiton Scleroxylon (African whitewood, obeche, sambawawa)

(90) Nauclea Diderrichii (opepe)

(91) Balfourodendron Riedelianum (marfim)

(92) Aspidosperma species (peroba rosa)

(93) Paratecoma Peroba (peroba branca)

(94) Gonystylus species (ramin)

(95) Melanorrhoea Curtisii (rengas, Borneo rosewood)

(96) Hevea Brasiliensis (rubber tree)

(97) Dalbergia species (rosewood, Indian rosewood, Honduras rosewood, cocobolo, granadillo, pinkwood, tulipwood, African blackwood)

(98) Entandrophragma cylindricum, Entandrophragma Candollei, Entandrophragma Utile (sapele, sapelli, kosipo, omu, utile, sipo)

(99) Acanthopanax Ricinofolius (sen)

(100) Brosimum Aubletti, Piratinera (snakewood, letterwood, leopardwood)

(101) Juglans species (South American walnut, Peruvian walnut)

(102) Sterculia Rhinopetalia (sterculia)

(103) Tectona Grandis (teak)

(104) Virola species (virola, cumala)

(105) Pentacme Contorta (white lauan)

(106) Microberlinia species (zebrawood, zingana)

"Tropical forest" a natural ecosystem within the tropical regions, approximately bounded geographically by the tropics of Cancer and Capricorn, but possibly affected by other factors such as prevailing winds, containing native species composition, structure, and ecological function, with a tree canopy cover of more than 10% over an area of at least 0.5 hectares. "Tropical forest" includes all of the following: (i) human-managed tropical forests or partially degraded tropical forests that are regenerating; and (ii) tropical forests identified by multi-objective conservation-based assessment methodologies, such as High Conservation Value areas (HCV), as defined by the HCV Resource Network, or High Carbon Stock Forests, as defined by the High Carbon Stock Approach, or by another methodology with equivalent or higher standards that includes primary forests and tropical peatlands of any depth. "Tropical forest" does not include plantations of any type.

(1) human-managed tropical forests or partially degraded tropical forests that are regenerating; and

(2) forests identified by multiobjective conservation based assessment methodologies, such as high conservation value areas, as defined by the High Conservation Value Resource Network, or high carbon stock forests, as defined by the High Carbon Stock Approach, or by another methodology with equivalent or higher standards that includes primary forests and peatlands of any depth.

"Tropical hardwood product" means any wood product, wholesale or retail, in any form, including, but not limited to, plywood, veneer, furniture, cabinets, paneling, siding, moldings, doors, doorskins, joinery, flooring, or sawnwood, which are composed, in whole or in part, of tropical hardwood.

"Tropical peatland" means wetlands with a layer of peat made up of dead and decaying plant material. "Tropical peatland" includes moors, bogs, mires, and peat swamp forests. "Tropical forest" does not include plantations of any type.

"Women-owned business" has the meaning given to that term in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

Section 15. Purchase of tropical hardwoods prohibited.

(a) Except as otherwise provided, the State and any governmental agency, political subdivision, or public benefit corporation of the State shall not purchase or obtain for any purpose any tropical hardwoods or tropical hardwood products, wholesale or in retail, in any form.

(b) Subsection (a) shall not apply to:

(1) any binding contractual obligations for purchase of commodities entered into prior to September 1, 2024; or

(2) any grant, subvention, or contract with an agency of the United States or instruction of an authorized representative of any such agency if the inclusion or application of such provisions violate or are inconsistent with the terms or conditions of the grant, subvention, contract, or instruction.

Section 20. Use of tropical hardwood or wood product prohibited.

(a) No bid proposal or solicitation, request for bid or proposal, or contract for the construction of any public work, building maintenance, or improvement for or on behalf of the State and any government agency, political subdivision, or public benefit corporation of the State shall require or permit the use of any tropical hardwood or tropical wood product.

(b) Every bid proposal, solicitation, request for bid or proposal, and contract for the construction of any public work, building maintenance, or improvement shall contain a statement that any bid, proposal, or other response to a solicitation for bid or proposal which proposes or calls for the use of any tropical hardwood or tropical wood product in performance of the contract shall be void.

(c) Subsections (a) and (b) shall not apply to:

(1) to bid packages advertised and made available to the public or any competitive and sealed bids received or entered into prior to September 1, 2024;

(2) to any amendment, modification, or renewal of a contract, which contract was entered into prior to September 1, 2024, where such application would delay timely completion of a project or involve an increase in the total monies to be paid under that contract; or

(3) to any grant, subvention, or contract with any agency of the United States or instruction of an authorized representative of any such agency if the contracting officer finds that the inclusion or application of such provisions violate or are inconsistent with the terms or conditions of a grant, subvention, contract, or instruction.

Section 25. Forest-risk commodity procurement.

(a) Every contract entered into by a State agency or authority that includes the procurement of any product comprised, in whole or in part, of a forest-risk commodity shall require the contractor to confirm that the commodity furnished to the State under the contract was not extracted from, grown, derived, harvested, reared, or produced on land where tropical or boreal deforestation or intact forest degradation occurred on or after January 1, 2022. The contractor shall agree to comply with this provision of the contract.

(b) This Section shall not apply to any grant, subvention, or contract with an agency of the United States or instruction of an authorized representative of any such agency if the inclusion or application of such provisions violate or are inconsistent with the terms or conditions of the grant, subvention, contract, or instruction.

Section 30. Compliance.

(a) Every contract shall specify that the contractor is required to cooperate fully in providing reasonable access to the contractor's records, documents, agents, employees, or premises if reasonably required by authorized officials of the contracting State agency or authority, the Department of Central Management Services, the Office of the Attorney General, or the Environmental Protection Agency to determine the contractor's compliance with the requirements under Section 25.

(b) Contractors shall exercise due diligence in ensuring that their subcontractors comply with the requirements under Section 35. Contractors shall require each subcontractor to certify that the subcontractor is in compliance with the requirements under Section 25.

Section 35. Required forest policies. In addition to the requirements of Sections 25 and 30, large contractors subject to Section 25 must confirm that they have adopted a forest policy that complies with rules issued under paragraph (6) of Section 70. The adoption of forest policy by a contractor, subcontractor, or supplier that is not a large contractor is not required to comply with this Section but may be used to demonstrate compliance with Section 25. Such forest policy and all corresponding data shall be made publicly available, and shall contain, at a minimum, all of the following:

(1) due diligence measures on the point-of-origin of forest-risk commodities and ensures compliance with the policy where supply chain risks are present;

(2) data detailing the complete list of direct and indirect suppliers and supply chain traceability information, including refineries, processing plants, farms, and plantations, and their respective owners, parent companies, and farmers, maps, and geolocations, for each forest-risk commodity found in products that may be furnished to the State;

(3) measures taken to ensure the product does not contribute to tropical or boreal deforestation or primary forest degradation, including:

(A) no development in tropical or boreal primary forests;

(B) no origination from a site where commodity production has replaced tropical or boreal primary forests after January 1, 2023;"

(C) no development of high carbon stock forests;

(D) no development of high conservation value areas;

(E) no burning;

(F) efforts to ensure progressive reductions of greenhouse gas emissions on existing plantations;

(G) no development of peat, regardless of depth;

(H) best management practices for existing plantations on peat; and

(I) where feasible, activities oriented toward peat restoration;

(4) measures taken to prevent exploitation and redress grievances of workers and local communities, including:

(A) respect for and recognition of the rights of all workers including contract, temporary, and migrant workers;

(B) respect for and recognition of land tenure rights of communities;

(C) respect for the rights of indigenous and local communities to give or withhold their free, prior, and informed consent to operations on lands to which they hold legal, communal, or customary rights;

(D) explicit policies and processes to prevent violence, intimidation, and coercion of workers and local communities; and

(E) formal, open, transparent, and consultative processes to address all complaints and conflicts;

(5) measures taken to protect biodiversity and prevent the poaching of endangered species in all operations and adjacent areas;

(6) measures taken to ensure compliance with the laws of countries where forest-risk commodities in a company's supply chain were produced; and

(7) measures to deter violence, threats, and harassment against environmental human rights defenders (EHRDs), including respecting internationally recognized human rights standards, and educating employees, contractors, and partners on the rights of EHRDs to express their views, conduct peaceful protests, and criticize practices without intimidation or retaliation.

Section 40. Violations and sanctions.

(a) If it is determined that any contractor contracting with the State knew or should have known that a product comprising, in whole or in part, of a forest-risk commodity was furnished to the State in violation of Sections 25 and 30, the contracting State agency or authority shall issue a written notice of violation and provide an opportunity for such contractor to come into compliance. If, after such notice, a contractor fails to come into compliance within a time established by the Department of Central Management Services, such contractor may have either or both of the following sanctions imposed:

(1) the contract under which the prohibited forest-risk commodity was furnished may be voided at the option of the State agency or authority to which the commodity was furnished; or

(2) the contractor may be assessed a penalty that shall be the greater of $1,000 or an amount equaling 20% of the value of the product that the State agency or authority demonstrates was comprised, in whole or in part, of a forest-risk commodity and furnished to the State in violation of Sections 25 and 30.

A hearing or opportunity to be heard shall be provided prior to the assessment of any penalty.

(b) Notwithstanding subsection (a), a contractor that has complied with the Section 30 shall not be subject to sanctions for violations, of which the contractor had no knowledge of the requirements of Sections 25 and 30, that were committed solely by a subcontractor. Sanctions described under subsection (a) shall instead be imposed against the subcontractor that committed the violation.

Section 45. Investigations of violations.

(a) Any State agency or authority that investigates a complaint against a contractor or subcontractor for violation of this Act may limit its investigation to evaluating the information provided by the person or entity submitting the complaint and the information provided by the contractor or subcontractor.

(b) Whenever a contracting officer of the contracting State agency or authority has reason to believe that the contractor failed to comply with Sections 25 and 30, the State agency or authority shall refer the matter for investigation to the head of the State agency or authority and, as the head of the State agency or authority determines appropriate, to either the Department of Central Management Services, the Office of the Attorney General, or the Environmental Protection Agency.

Section 50. Preference.

(a) When a State agency's or authority's contract for the purchase of a commodity or product covered by this Act is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who is a small business or medium-sized business or a minority-owned business or women-owned business, or who will fulfill the contract through the use of Illinois State products may be given preference over other bidders, as long as the cost included in the bid is not more than 10% greater than the cost included in a bid that is not from a small business or medium-sized business or a minority-owned business or women-owned business or fulfilled through the use of Illinois State products.

(b) This Section shall not apply if the head of the contracting State agency or authority purchasing such products, in his or her sole discretion, determines that giving preference to bidders under this Section:

(1) would be against the public interest;

(2) would increase the cost of the contract by an unreasonable amount; or

(3) if Illinois State products cannot be obtained in sufficient and reasonable available quantities and of satisfactory quality to meet the contracting State agency's or authority's requirements.

(c) Nothing in this Section shall be construed to conflict with or otherwise limit the goals and requirements set forth by Article 45 of the Illinois Procurement Code and the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

Section 55. Purchase restrictions.

(a) The certification requirements set forth in this Section shall not apply to a purchase of goods of $2,500 or less.

(b) The total amount of goods exempted under subsection (a) shall not exceed $7,500 per year for each contractor from which a State agency or authority is purchasing goods. It shall be the responsibility of each State agency or authority to monitor the use of this exemption and adhere to these restrictions on these purchases.

Section 60. Voluntary certification process. The Director of Central Management Services shall establish a voluntary certification process for current or aspiring contractors to be recognized as supplying deforestation-free products which shall be consulted on the creation of requirements outlined by the rules in this Act, and shall exercise an oversight role under Section 65.

Section 65. Rules. On or before July 1, 2024, the Department of Central Management Services shall issue rules for the implementation of this Act. The rules shall be developed in consultation with the Director of the Environmental Protection Agency. The rules shall include, but not be limited to, all of the following:

(1) a list of forest-risk commodities subject to the requirements of this Act, including, but not limited to, palm oil, soy, beef, coffee, leather, wood pulp, paper, logs, and lumber. The list shall be reviewed and updated at least every 3 years. When evaluating inclusion of additional commodities in the list, the Director of Central Management Services shall consider the impact of the commodity as a driver of tropical or boreal deforestation or primary forest degradation, the state of existing supply chain transparency and traceability systems for the commodity, and the feasibility of including the commodity in the requirements of Section 25. The first review shall include, but not be limited to, the evaluation of cocoa, rubber, leather, and other cattle-derived products;

(2) a list of products derived, in whole or in part, from forest-risk commodities;

(3) a list of products furnished to the State or used by State contractors in high-volume purchases that contain or are comprised in whole or in part of forest-risk commodities;

(4) a set of responsible sourcing guidelines and policies derived from best practices in supply chain transparency to the point-of-origin;

(5) guidance to assist contractors in identifying forest-risk commodities in their supply chain, performing necessary due diligence to meet the requirements of this Act, and certifying that the commodity did not contribute to tropical or boreal deforestation or primary forest degradation;

(6) the full set of requirements for a large contractor's forest policy under Section 35;

(7) the process through which contractors shall certify to the Department of Central Management Services that they are in compliance with Sections 25 and 30;

(8) a process for ensuring that details of certified contracts are made available for public inspection of the website of the Department of Central Management Services; and

(9) an easily accessible procedure to receive public complaints and information regarding violations of this Act.

Section 70. Assessment.

(a) At any time after January 1, 2025, but no less frequently than every 6 months thereafter, the Director of Central Management Services shall submit to the General Assembly the details of all contracts certified under this Act. The Director of Central Management Services shall assess the compliance of all or a representative subset of all contracts with the requirements of this Act. Following such assessment, and subject to approval by a majority of members, the General Assembly may:

(1) make recommendations to the Director of Central Management Services regarding changes to the rules implementing this Act; or

(2) make recommendations to the Director of Central Management Services, the Office of the Attorney General, the Office of the State Comptroller, or a contracting State agency or authority regarding deficiencies in contract certifications, violations of this Act, or enforcement actions.

(b) All work products produced under Section 25 shall be made available to the public on the website of the Department of Central Management Services.

(c) In completing a study under Section 80, the Environmental Protection Agency shall consult with individuals, including academics and experts from nongovernmental organizations, having expertise in forest sustainability, biodiversity, and climate science, as well as representatives of indigenous communities located within boreal regions, and hold at least one public hearing, and may base study findings on existing literature.

Section 75. Study.

(a) Not later than June 1, 2025, the Environmental Protection Agency, in consultation with the Director of Central Management Services, shall complete a study to determine whether the requirements of this Act shall apply to forest-risk commodities originating in boreal forests.

(b) The study shall examine, but not be limited to, the following considerations:

(1) the short-term and long-term impact on greenhouse gas emissions, biodiversity, ecosystem function, and climate resilience, of clearcutting primary boreal forests;

(2) the differential impact on greenhouse gas emissions, biodiversity, ecosystem function, and climate resilience of clearcutting primary boreal forests versus previously logged or second-growth forests, within 30-year, 50-year, and 100-year timeframes;

(3) the differential impact on greenhouse gas emissions, biodiversity, ecosystem function, and climate resilience of clearcutting primary boreal forests versus no industrial forest activity, within 30-year, 50-year, and 100-year timeframes;

(4) the actual carbon storage capacity of various harvested wood products, and the percentage of logged boreal biomass in each of the boreal countries that ends up in long-lasting versus short-term consumable end uses;

(5) the effectiveness of existing available certification schemes in use in each of the boreal countries in ensuring compliance with the goals of this Act;

(6) an independent assessment of the current greenhouse gas footprint of the forest products industry in each of the boreal countries;

(7) an independent assessment of whether current forest management policies in each of the boreal countries are sufficient to prevent the forestry industry's role in the decline of at-risk species;

(8) the effectiveness of the forestry policies of each of the boreal countries in ensuring the free, prior, and informed consent of indigenous peoples affected by industrial logging within the boreal forest; and

(9) the effectiveness of replanting practices in restoring the ecological benefits of primary boreal forests that have been logged, and the timescale for restoring these benefits.

(c) The requirements of this Act shall apply to all forest-risk commodities unless the Director of the Environmental Protection Agency and the Director of Central Management Services have, not later than June 1, 2025, jointly designated the provisions of this Act inapplicable to forest-risk commodities originating in boreal forests based on the results of the study.

Section 80. Applicability. This Act shall apply to all contracts entered into, extended, or renewed on or after January 1, 2025.

Section 95. Report. Beginning 2 years after the effective date of this Act and biennially thereafter, the Director of Central Management Services shall issue a report to the Governor, the Senate President, and the Speaker of the House of Representatives on the implementation of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.