Full Text of HB4035 096th General Assembly
HB4035enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| changing Sections 45-20 and 45-25 and by adding Section 45-26 | 6 |
| as follows:
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| (30 ILCS 500/45-20)
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| 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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| 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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| (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 | 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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| 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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| 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) | 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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| (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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| 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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| Section 99. Effective date. This Act takes effect January | 13 |
| 1, 2010.
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