Full Text of SB2344 95th General Assembly
SB2344eng 95TH GENERAL ASSEMBLY
|
|
|
SB2344 Engrossed |
|
LRB095 18839 RCE 44966 b |
|
| 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 |
|
|
|
SB2344 Engrossed |
- 2 - |
LRB095 18839 RCE 44966 b |
|
| 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, 2008 for | 22 |
| liabilities incurred on or after July 1, 2008 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, 2008 shall be |
|
|
|
SB2344 Engrossed |
- 3 - |
LRB095 18839 RCE 44966 b |
|
| 1 |
| deposited into the Facilities Management Revolving Fund. The | 2 |
| State Surplus Property Revolving Fund shall cease to exist on | 3 |
| October 1, 2008. 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)
|
|
|
|
SB2344 Engrossed |
- 4 - |
LRB095 18839 RCE 44966 b |
|
| 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.
|
|
|
|
SB2344 Engrossed |
- 5 - |
LRB095 18839 RCE 44966 b |
|
| 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 |
|
|
|
SB2344 Engrossed |
- 6 - |
LRB095 18839 RCE 44966 b |
|
| 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
|
|
|
|
SB2344 Engrossed |
- 7 - |
LRB095 18839 RCE 44966 b |
|
| 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, |
|
|
|
SB2344 Engrossed |
- 8 - |
LRB095 18839 RCE 44966 b |
|
| 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 |
|
|
|
SB2344 Engrossed |
- 9 - |
LRB095 18839 RCE 44966 b |
|
| 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 |
|
|
|
SB2344 Engrossed |
- 10 - |
LRB095 18839 RCE 44966 b |
|
| 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.
|
|
|
|
SB2344 Engrossed |
- 11 - |
LRB095 18839 RCE 44966 b |
|
| 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 |
|
|
|
SB2344 Engrossed |
- 12 - |
LRB095 18839 RCE 44966 b |
|
| 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.
|
|
|
|
SB2344 Engrossed |
- 13 - |
LRB095 18839 RCE 44966 b |
|
| 1 |
| (Source: P.A. 94-793, eff. 5-19-06.)
| 2 |
| Section 99. Effective date. This Act takes effect July 1, | 3 |
| 2008, except that Section 10 takes effect November 1, 2008.
|
|