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90_HB3201
415 ILCS 20/3 from Ch. 111 1/2, par. 7053
Amends the Illinois Solid Waste Management Act. Requires
the Environmental Protection Agency to conduct a waste audit
of each State agency and recommend waste reduction measures.
Requires State agencies to practice waste reduction, whenever
possible. Requires State agencies to use both sides of paper
sheets. Requires the Department of Central Management
Services to establish a list of designated recycled products
that shall be purchased by the State and adopt minimum
recycled content standards for these products. Allows the
Department to offer price preferences for these products.
Requires suppliers submitting bids to the Department to
provide recycled paper to maintain records documenting the
source and postconsumer material content. Requires the
Department to specify the use of printing inks made with
soy-based material and limit the use of printing made of
pigments using heavy metals. Requires the Department to
establish guidelines requiring printed materials submitted to
the State to be submitted on recycled paper and to utilize
double sided printing. Makes other changes.
LRB9009399NTsb
LRB9009399NTsb
1 AN ACT to amend the Illinois Solid Waste Management Act
2 by changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Solid Waste Management Act is
6 amended by changing Section 3 as follows:
7 (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
8 (Text of Section before amendment by P.A. 90-372)
9 Sec. 3. State agency materials recycling program.
10 (a) All State agencies responsible for the maintenance
11 of public lands in the State shall, to the maximum extent
12 feasible, give due consideration and preference to the use of
13 compost materials in all land maintenance activities which
14 are to be paid with public funds.
15 (b) The Department of Central Management Services, in
16 coordination with the Department of Commerce and Community
17 Affairs, shall implement waste reduction programs, including
18 source separation and collection, for office wastepaper,
19 corrugated containers, newsprint and mixed paper, in all
20 State buildings as appropriate and feasible. Such waste
21 reduction programs shall be designed to achieve waste
22 reductions of at least 25% of all such waste by December 31,
23 1995, and at least 50% of all such waste by December 31,
24 2000. Any source separation and collection program shall
25 include, at a minimum, procedures for collecting and storing
26 recyclable materials, bins or containers for storing
27 materials, and contractual or other arrangements with buyers
28 of recyclable materials. If market conditions so warrant,
29 the Department of Central Management Services, in
30 coordination with the Department of Commerce and Community
31 Affairs, may modify programs developed pursuant to this
-2- LRB9009399NTsb
1 Section.
2 The Department of Commerce and Community Affairs shall
3 conduct waste categorization studies of all State facilities
4 for calendar years 1991, 1995 and 2000. Such studies shall
5 be designed to assist the Department of Central Management
6 Services to achieve the waste reduction goals established in
7 this subsection.
8 (c) Each State agency shall, upon consultation with the
9 Department of Commerce and Community Affairs, periodically
10 review its procurement procedures and specifications related
11 to the purchase of products or supplies. Such procedures and
12 specifications shall be modified as necessary to require the
13 procuring agency to seek out products and supplies that
14 contain recycled materials, and to ensure that purchased
15 products or supplies are reusable, durable or made from
16 recycled materials whenever economically and practically
17 feasible. In choosing among products or supplies that
18 contain recycled material, consideration shall be given to
19 products and supplies with the highest recycled material
20 content that is consistent with the effective and efficient
21 use of the product or supply.
22 (d) Wherever economically and practically feasible, the
23 Department of Central Management Services shall procure
24 recycled paper and paper products as follows:
25 (1) Beginning July 1, 1989, at least 10% of the
26 total dollar value of paper and paper products purchased
27 by the Department of Central Management Services shall be
28 recycled paper and paper products.
29 (2) Beginning July 1, 1992, at least 25% of the
30 total dollar value of paper and paper products purchased
31 by the Department of Central Management Services shall be
32 recycled paper and paper products.
33 (3) Beginning July 1, 1996, at least 40% of the
34 total dollar value of paper and paper products purchased
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1 by the Department of Central Management Services shall be
2 recycled paper and paper products.
3 (4) Beginning July 1, 2000, at least 50% of the
4 total dollar value of paper and paper products purchased
5 by the Department of Central Management Services shall be
6 recycled paper and paper products.
7 (e) Paper and paper products purchased from private
8 vendors pursuant to printing contracts are not considered
9 paper products for the purposes of subsection (d). However,
10 the Department of Central Management Services shall report to
11 the General Assembly on an annual basis the total dollar
12 value of printing contracts awarded to private sector vendors
13 that included the use of recycled paper.
14 (f)(1) Wherever economically and practically feasible,
15 the recycled paper and paper products referred to in
16 subsection (d) shall contain postconsumer or recovered
17 paper materials as specified by paper category in this
18 subsection:
19 (i) Recycled high grade printing and writing
20 paper shall contain at least 50% recovered paper
21 material. Such recovered paper material, until July
22 1, 1994, shall consist of at least 20% deinked stock
23 or postconsumer material; and beginning July 1,
24 1994, shall consist of at least 25% deinked stock or
25 postconsumer material; and beginning July 1, 1996,
26 shall consist of at least 30% deinked stock or
27 postconsumer material; and beginning July 1, 1998,
28 shall consist of at least 40% deinked stock or
29 postconsumer material; and beginning July 1, 2000,
30 shall consist of at least 50% deinked stock or
31 postconsumer material.
32 (ii) Recycled tissue products, until July 1,
33 1994, shall contain at least 25% postconsumer
34 material; and beginning July 1, 1994, shall contain
-4- LRB9009399NTsb
1 at least 30% postconsumer material; and beginning
2 July 1, 1996, shall contain at least 35%
3 postconsumer material; and beginning July 1, 1998,
4 shall contain at least 40% postconsumer material;
5 and beginning July 1, 2000, shall contain at least
6 45% postconsumer material.
7 (iii) Recycled newsprint, until July 1, 1994,
8 shall contain at least 40% postconsumer material;
9 and beginning July 1, 1994, shall contain at least
10 50% postconsumer material; and beginning July 1,
11 1996, shall contain at least 60% postconsumer
12 material; and beginning July 1, 1998, shall contain
13 at least 70% postconsumer material; and beginning
14 July 1, 2000, shall contain at least 80%
15 postconsumer material.
16 (iv) Recycled unbleached packaging, until July
17 1, 1994, shall contain at least 35% postconsumer
18 material; and beginning July 1, 1994, shall contain
19 at least 40% postconsumer material; and beginning
20 July 1, 1996, shall contain at least 45%
21 postconsumer material; and beginning July 1, 1998,
22 shall contain at least 50% postconsumer material;
23 and beginning July 1, 2000, shall contain at least
24 55% postconsumer material.
25 (v) Recycled paperboard, until July 1, 1994,
26 shall contain at least 80% postconsumer material;
27 and beginning July 1, 1994, shall contain at least
28 85% postconsumer material; and beginning July 1,
29 1996, shall contain at least 90% postconsumer
30 material; and beginning July 1, 1998, shall contain
31 at least 95% postconsumer material.
32 (2) For the purposes of this Section, "postconsumer
33 material" includes:
34 (i) paper, paperboard, and fibrous wastes from
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1 retail stores, office buildings, homes, and so
2 forth, after the waste has passed through its end
3 usage as a consumer item, including used corrugated
4 boxes, old newspapers, mixed waste paper, tabulating
5 cards, and used cordage; and
6 (ii) all paper, paperboard, and fibrous wastes
7 that are diverted or separated from the municipal
8 solid waste stream.
9 (3) For the purposes of this Section, "recovered
10 paper material" includes:
11 (i) postconsumer material;
12 (ii) dry paper and paperboard waste generated
13 after completion of the papermaking process (that
14 is, those manufacturing operations up to and
15 including the cutting and trimming of the paper
16 machine reel into smaller rolls or rough sheets),
17 including envelope cuttings, bindery trimmings, and
18 other paper and paperboard waste resulting from
19 printing, cutting, forming, and other converting
20 operations, or from bag, box and carton
21 manufacturing, and butt rolls, mill wrappers, and
22 rejected unused stock; and
23 (iii) finished paper and paperboard from
24 obsolete inventories of paper and paperboard
25 manufacturers, merchants, wholesalers, dealers,
26 printers, converters, or others.
27 (g) The Department of Central Management Services may
28 adopt regulations to carry out the provisions and purposes of
29 this Section.
30 (h) Every State agency shall, in its procurement
31 documents, specify that, whenever economically and
32 practically feasible, a product to be procured must consist,
33 wholly or in part, of recycled materials, or be recyclable or
34 reusable in whole or in part. When applicable, if state
-6- LRB9009399NTsb
1 guidelines are not already prescribed, State agencies shall
2 follow USEPA guidelines for federal procurement.
3 (i) All State agencies shall cooperate with the
4 Department of Central Management Services in carrying out
5 this Section. The Department of Central Management Services
6 may enter into cooperative purchasing agreements with other
7 governmental units in order to obtain volume discounts, or
8 for other reasons in accordance with the Governmental Joint
9 Purchasing Act, or in accordance with the Intergovernmental
10 Cooperation Act if governmental units of other states or the
11 federal government are involved.
12 (j) The Department of Central Management Services shall
13 submit an annual report to the General Assembly concerning
14 its implementation of the State's collection and recycled
15 paper procurement programs. This report shall include a
16 description of the actions that the Department of Central
17 Management Services has taken in the previous fiscal year to
18 implement this Section. This report shall be submitted on or
19 before November 1 of each year.
20 (k) The Department of Central Management Services, in
21 cooperation with all other appropriate departments and
22 agencies of the State, shall institute whenever economically
23 and practically feasible the use of re-refined motor oil in
24 all State-owned motor vehicles and the use of remanufactured
25 and retread tires whenever such use is practical, beginning
26 no later than July 1, 1992.
27 (l) The Illinois Department of Transportation shall
28 study the feasibility of using recycled asphalt, rubberized
29 asphalt, concrete and demolition materials in road
30 construction projects undertaken by the Department. In
31 conducting the study, the Department of Transportation shall
32 (i) consider development of bid specifications to promote the
33 use of recycled asphalt, rubberized asphalt, concrete and
34 demolition materials, and (ii) analyze the costs and
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1 availability thereof. On or before July 1, 1992, the
2 Department shall submit a report of its findings and
3 recommendations to the Governor and the General Assembly.
4 (m) The Department of Central Management Services, in
5 coordination with the Department of Commerce and Community
6 Affairs, shall implement an aluminum can recycling program in
7 all State buildings within 270 days of the effective date of
8 this amendatory Act of 1997. The program shall provide for
9 (1) the collection and storage of used aluminum cans in bins
10 or other appropriate containers made reasonably available to
11 occupants and visitors of State buildings and (2) the sale of
12 used aluminum cans to buyers of recyclable materials.
13 Proceeds from the sale of used aluminum cans shall be
14 deposited into I-CYCLE accounts maintained in the State
15 Surplus Property Revolving Fund and, subject to
16 appropriation, shall be used by the Department of Central
17 Management Services and any other State agency to offset the
18 costs of implementing the aluminum can recycling program
19 under this Section.
20 All State agencies having an aluminum can recycling
21 program in place shall continue with their current plan. If a
22 State agency has an existing recycling program in place,
23 proceeds from the aluminum can recycling program may be
24 retained and distributed pursuant to that program, otherwise
25 all revenue resulting from these programs shall be forwarded
26 to Central Management Services, I-CYCLE for placement into
27 the appropriate account within the State Surplus Property
28 Revolving Fund, minus any operating costs associated with the
29 program.
30 (Source: P.A. 89-445, eff. 2-7-96; 90-180, eff. 7-23-97.)
31 (Text of Section after amendment by P.A. 90-372)
32 Sec. 3. State agency materials recycling program.
33 (a) All State agencies responsible for the maintenance
34 of public lands in the State shall, to the maximum extent
-8- LRB9009399NTsb
1 feasible, give due consideration and preference to the use of
2 compost materials in all land maintenance activities which
3 are to be paid with public funds.
4 (b) The Department of Central Management Services, in
5 coordination with the Department of Commerce and Community
6 Affairs, shall implement waste reduction programs, including
7 source separation and collection, for office wastepaper,
8 corrugated containers, newsprint and mixed paper, in all
9 State buildings as appropriate and feasible. Such waste
10 reduction programs shall be designed to achieve waste
11 reductions of at least 25% of all such waste by December 31,
12 1995, and at least 50% of all such waste by December 31,
13 2000. Any source separation and collection program shall
14 include, at a minimum, procedures for collecting and storing
15 recyclable materials, bins or containers for storing
16 materials, and contractual or other arrangements with buyers
17 of recyclable materials. If market conditions so warrant,
18 the Department of Central Management Services, in
19 coordination with the Department of Commerce and Community
20 Affairs, may modify programs developed pursuant to this
21 Section.
22 To reduce the volume of paper purchased, all State
23 agencies shall use both sides of paper sheets used for
24 copying and printing purposes on documents that exceed 5
25 pages in length. Each State agency shall ensure that all
26 staff are informed of this requirement.
27 The Department of Commerce and Community Affairs shall
28 conduct waste categorization studies of all State facilities
29 for calendar years 1991, 1995 and 2000. Such studies shall
30 be designed to assist the Department of Central Management
31 Services to achieve the waste reduction goals established in
32 this subsection.
33 On or before January 1, 2000, the Environmental
34 Protection Agency shall conduct a waste audit of each State
-9- LRB9009399NTsb
1 agency and recommend waste reduction measures for common
2 waste-producing activities and equipment. Each State agency
3 shall practice waste reduction, whenever possible. On or
4 before June 1, 2001 and twice a year thereafter, the
5 Environmental Protection Agency shall review the waste
6 reduction activities of each State agency and prepare a
7 report that summarizes the impact of those activities.
8 (c) Each State agency shall, upon consultation with the
9 Department of Commerce and Community Affairs, twice a year
10 periodically review its procurement procedures and
11 specifications related to the purchase of products or
12 supplies. Such procedures and specifications shall be
13 modified as necessary (i) to require the procuring agency to
14 seek out products and supplies that contain recycled
15 materials, (ii) and to ensure that purchased products or
16 supplies are recyclable, reusable, durable, or made from
17 recycled materials whenever economically and practically
18 feasible, (iii) to ensure that performance standards,
19 specifications, and a product's intended end use are related
20 and that specifications are not overly stringent for a
21 particular end use or performance standard, (iv) to revise or
22 eliminate any standards or specifications unrelated to
23 performance that present barriers to the purchase of paper or
24 paper products made by production processes that eliminate
25 discharges of dioxin and other harmful by-products, including
26 a review of unnecessary brightness and stock clause
27 provisions, such as lignin content and chemical pulp
28 requirements, and (v) to promote, whenever economically and
29 practically feasible, the purchase of paper and paper
30 products made with postconsumer and chlorine-free materials
31 and the use of equipment that can operate with these
32 materials, such as copying and printing machines. In
33 choosing among products or supplies that contain recycled
34 material, consideration shall be given to products and
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1 supplies with the highest recycled material content that is
2 consistent with the effective and efficient use of the
3 product or supply.
4 (d) Wherever economically and practically feasible, the
5 Department of Central Management Services shall procure
6 recycled and chlorine-free paper and paper products as
7 follows:
8 (1) Beginning July 1, 1989, at least 10% of the
9 total dollar value of paper and paper products purchased
10 by the Department of Central Management Services shall be
11 recycled paper and paper products.
12 (2) Beginning July 1, 1992, at least 25% of the
13 total dollar value of paper and paper products purchased
14 by the Department of Central Management Services shall be
15 recycled paper and paper products.
16 (3) Beginning July 1, 1996, at least 45% 40% of the
17 total dollar value of paper and paper products purchased
18 by the Department of Central Management Services shall be
19 recycled paper and paper products.
20 (4) Beginning July 1, 2000, at least 60% 50% of the
21 total dollar value of paper and paper products purchased
22 by the Department of Central Management Services shall be
23 recycled paper and paper products.
24 (e) Paper and paper products purchased from private
25 vendors pursuant to printing contracts are not considered
26 paper products for the purposes of subsection (d). However,
27 the Department of Central Management Services shall report to
28 the General Assembly on an annual basis the total dollar
29 value of printing contracts awarded to private sector vendors
30 that included the use of recycled paper.
31 (f)(1) Wherever economically and practically feasible,
32 the recycled paper and paper products referred to in
33 subsection (d) shall contain postconsumer or recovered
34 paper materials as specified by paper category in this
-11- LRB9009399NTsb
1 subsection:
2 (i) Recycled high grade printing and writing
3 paper shall contain at least 50% recovered paper
4 material. Such recovered paper material, until July
5 1, 1994, shall consist of at least 20% deinked stock
6 or postconsumer material; and beginning July 1,
7 1994, shall consist of at least 25% deinked stock or
8 postconsumer material; and beginning July 1, 1996,
9 shall consist of at least 30% deinked stock or
10 postconsumer material; and beginning July 1, 1998,
11 shall consist of at least 40% deinked stock or
12 postconsumer material; and beginning July 1, 2000,
13 shall consist of at least 50% deinked stock or
14 postconsumer material.
15 (ii) Recycled tissue products, until July 1,
16 1994, shall contain at least 25% postconsumer
17 material; and beginning July 1, 1994, shall contain
18 at least 30% postconsumer material; and beginning
19 July 1, 1996, shall contain at least 35%
20 postconsumer material; and beginning July 1, 1998,
21 shall contain at least 40% postconsumer material;
22 and beginning July 1, 2000, shall contain at least
23 45% postconsumer material.
24 (iii) Recycled newsprint, until July 1, 1994,
25 shall contain at least 40% postconsumer material;
26 and beginning July 1, 1994, shall contain at least
27 50% postconsumer material; and beginning July 1,
28 1996, shall contain at least 60% postconsumer
29 material; and beginning July 1, 1998, shall contain
30 at least 70% postconsumer material; and beginning
31 July 1, 2000, shall contain at least 80%
32 postconsumer material.
33 (iv) Recycled unbleached packaging, until July
34 1, 1994, shall contain at least 35% postconsumer
-12- LRB9009399NTsb
1 material; and beginning July 1, 1994, shall contain
2 at least 40% postconsumer material; and beginning
3 July 1, 1996, shall contain at least 45%
4 postconsumer material; and beginning July 1, 1998,
5 shall contain at least 50% postconsumer material;
6 and beginning July 1, 2000, shall contain at least
7 55% postconsumer material.
8 (v) Recycled paperboard, until July 1, 1994,
9 shall contain at least 80% postconsumer material;
10 and beginning July 1, 1994, shall contain at least
11 85% postconsumer material; and beginning July 1,
12 1996, shall contain at least 90% postconsumer
13 material; and beginning July 1, 1998, shall contain
14 at least 95% 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
19 forth, after the waste has passed through its end
20 usage as a consumer item, including used corrugated
21 boxes, old newspapers, mixed waste paper, tabulating
22 cards, and used cordage; and
23 (ii) all paper, paperboard, and fibrous wastes
24 that are diverted or separated from the municipal
25 solid waste stream.
26 (3) For the purposes of this Section, "recovered
27 paper material" includes:
28 (i) postconsumer material;
29 (ii) dry paper and paperboard waste generated
30 after completion of the papermaking process (that
31 is, those manufacturing operations up to and
32 including the cutting and trimming of the paper
33 machine reel into smaller rolls or rough sheets),
34 including envelope cuttings, bindery trimmings, and
-13- LRB9009399NTsb
1 other paper and paperboard waste resulting from
2 printing, cutting, forming, and other converting
3 operations, or from bag, box and carton
4 manufacturing, and butt rolls, mill wrappers, and
5 rejected unused stock; and
6 (iii) finished paper and paperboard from
7 obsolete inventories of paper and paperboard
8 manufacturers, merchants, wholesalers, dealers,
9 printers, converters, or others.
10 (g) The Department of Central Management Services may
11 adopt regulations to carry out the provisions and purposes of
12 this Section.
13 (h) Every State agency shall, in its procurement
14 documents, specify that, whenever economically and
15 practically feasible, a product to be procured must consist,
16 wholly or in part, of recycled materials, or be recyclable or
17 reusable in whole or in part. State guidelines may not be
18 less stringent than USEPA guidelines for federal procurement.
19 When applicable, if State guidelines are not already
20 prescribed, State agencies shall follow USEPA guidelines for
21 federal procurement.
22 (i) All State agencies shall cooperate with the
23 Department of Central Management Services in carrying out
24 this Section. The Department of Central Management Services
25 may enter into cooperative purchasing agreements with other
26 governmental units in order to obtain volume discounts, or
27 for other reasons in accordance with the Governmental Joint
28 Purchasing Act, or in accordance with the Intergovernmental
29 Cooperation Act if governmental units of other states or the
30 federal government are involved.
31 (j) The Department of Central Management Services shall
32 submit an annual report to the General Assembly concerning
33 its implementation of the State's collection and recycled
34 paper procurement programs and evaluating the effectiveness
-14- LRB9009399NTsb
1 of this Section. This report shall include a description of
2 the actions that the Department of Central Management
3 Services has taken in the previous fiscal year to implement
4 this Section and information on the total quantities, by
5 volume and dollar amount, of products that have been
6 purchased with recycled and chlorine-free materials. This
7 report shall be submitted on or before November 1 of each
8 year.
9 (k) The Department of Central Management Services, in
10 cooperation with all other appropriate departments and
11 agencies of the State, shall institute whenever economically
12 and practically feasible the use of re-refined motor oil in
13 all State-owned motor vehicles and the use of remanufactured
14 and retread tires whenever such use is practical, beginning
15 no later than July 1, 1992.
16 (l) (Blank).
17 (m) The Department of Central Management Services, in
18 coordination with the Department of Commerce and Community
19 Affairs, shall implement an aluminum can recycling program in
20 all State buildings within 270 days of the effective date of
21 this amendatory Act of 1997. The program shall provide for
22 (1) the collection and storage of used aluminum cans in bins
23 or other appropriate containers made reasonably available to
24 occupants and visitors of State buildings and (2) the sale of
25 used aluminum cans to buyers of recyclable materials.
26 Proceeds from the sale of used aluminum cans shall be
27 deposited into I-CYCLE accounts maintained in the State
28 Surplus Property Revolving Fund and, subject to
29 appropriation, shall be used by the Department of Central
30 Management Services and any other State agency to offset the
31 costs of implementing the aluminum can recycling program
32 under this Section.
33 All State agencies having an aluminum can recycling
34 program in place shall continue with their current plan. If a
-15- LRB9009399NTsb
1 State agency has an existing recycling program in place,
2 proceeds from the aluminum can recycling program may be
3 retained and distributed pursuant to that program, otherwise
4 all revenue resulting from these programs shall be forwarded
5 to Central Management Services, I-CYCLE for placement into
6 the appropriate account within the State Surplus Property
7 Revolving Fund, minus any operating costs associated with the
8 program.
9 (n) The Department of Central Management Services shall
10 establish, adopt, and, twice a year thereafter, update a list
11 of designated recycled products that shall be purchased by
12 the State whenever practicable. This list shall, at a
13 minimum, contain the products specified in this subsection
14 (n). The Department of Central Management Services, in
15 cooperation with the Environmental Protection Agency, may add
16 recycled products to the list that are not specifically
17 designated in this subsection (n).
18 The Department of Central Management Service shall adopt
19 minimum recycled content standards for designated recycled
20 products that have not been otherwise specified in this
21 Section. Except as otherwise provided in this Section,
22 minimum recycled content standards for designated recycled
23 products shall require no less than 10% postconsumer
24 material. The Department of Central Management Services may
25 raise the postconsumer content above 10% when the increase
26 will result in an increase in the total utilization of
27 postconsumer material within the products purchased, used, or
28 submitted. For goods, supplies, and materials for which the
29 United States Environmental Protection Agency has adopted
30 procurement guidelines under the Resource Conservation and
31 Recovery Act of 1976 (P.L. 94-580, 42 U.S.C. 6901 et seq.),
32 as amended, the minimum recycled content standard may not be
33 less than content standards specified in these guidelines.
34 Invitations to bid for the purchase of products specified by
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1 this Section shall set forth minimum recycled content
2 standards that must be certified by the bidder in order to
3 qualify for the price preference provisions in subsections
4 (o) and (p) of this Section.
5 The following products shall be considered as designated
6 recycled products that may be procured if they meet the
7 minimum recycled content standards:
8 (1) recycled paper and paper products, including
9 without limitation writing and copying paper, napkins,
10 tissue and towels, uncoated boxboard, construction paper,
11 computer printout, coffee filters, letterhead stationary,
12 envelopes, and printing;
13 (2) recycled antifreeze;
14 (3) recycled print;
15 (4) building insulation products manufactured using
16 recycled products;
17 (5) lubricating oil and hydraulic oil with
18 rerefined oil content;
19 (6) products made from recycled tire products,
20 including rubber mats and playfield surfaces;
21 (7) recharged laser printer toner cartridges;
22 (8) reusable products or products in reusable
23 packaging; and
24 (9) other recycled products designated by the
25 Department of Central Management Services, in cooperation
26 with the Environmental Protection Agency.
27 (o) For the purpose of determining the lowest
28 responsible bidder, the Department of Central Management
29 Services may offer a price preference of up to 10% for any
30 designated recycled product when it determines that a price
31 preference will significantly increase procurement of that
32 product. The price preference shall be predetermined in the
33 invitations to bid. When there is a tie for the lowest
34 responsible bid among suppliers offering a comparable
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1 recycled product, the recycled product containing the highest
2 percentage of postconsumer material by weight shall be given
3 higher priority, provided the quality is adequate for the
4 purpose intended.
5 (p) Notwithstanding subsection (o) of this Section, in
6 purchasing writing and printing paper, the Department of
7 Central Management Services shall, when the quality is
8 adequate to meet the intended purpose, offer a price
9 preference of up to 20% for the recycled product meeting or
10 exceeding the standards set forth in this Section, except
11 when recycled paper is specifically requested by a State
12 agency. The price preference shall be predetermined in the
13 invitations to bid.
14 (q) Notwithstanding subsections (o) and (p) of this
15 Section, when the purchase price from a supplier of
16 chlorine-free recycled paper or paper product that meets the
17 standards set forth in this Section is equivalent to the
18 price offered by the lowest responsible bidder for recycled
19 paper or paper products also meeting the standards set forth
20 in this Section, the Department of Central Management
21 Services shall, when the quality is adequate to meet the
22 intended purpose, purchase the chlorine-free recycled paper.
23 (r) All suppliers submitting bids to the Department of
24 Central Management Services to provide recycled paper
25 pursuant to this Section shall maintain records documenting
26 the source and postconsumer material content used in the
27 manufacture of the paper, shall submit a signed statement of
28 certification from the manufacturer with each bid attesting
29 to the source and postconsumer material content, and shall
30 provide documentation to the Department of Central Management
31 Services when required. These records shall be maintained
32 for a period of 3 years from the date of the submission of
33 the bid.
34 (s) Whenever the Department of Central Management
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1 Services purchases recycled or chlorine-free paper products
2 for letterhead stationary, business cards, envelopes, or
3 publications by the State, the letterhead stationary,
4 business card, envelope, or other printed material shall
5 include a printed statement or symbol that indicates
6 non-chlorine bleached or recycled paper is being used,
7 including the percentage of postconsumer content.
8 (t) Whenever economically and practically feasible, the
9 Department of Central Management Services shall specify the
10 use of printing inks made with soy-based material and limit
11 the use of printing made of pigments using heavy metals, such
12 as brilliant yellows, reds, and other bright colors.
13 (u) All contractors and consultants doing business with
14 the State shall be advised of the State's policies regarding
15 reusable, recycled, recyclable, and chlorine-free materials.
16 On or before December 31, 1999, the Department of Central
17 Management Services shall establish guidelines requiring all
18 bids, proposals, reports, and other printed materials
19 submitted to the State or its agents pursuant to contractual
20 obligations to be submitted on recycled paper and to utilize
21 double sided printing. The guidelines shall include a
22 provision allowing a contractor or consultant to request a
23 waiver from this subsection (u) if compliance would be
24 technically infeasible.
25 (Source: P.A. 89-445, eff. 2-7-96; 90-180, eff. 7-23-97;
26 90-372, eff. 7-1-98; revised 11-18-97.)
27 Section 95. No acceleration or delay. Where this Act
28 makes changes in a statute that is represented in this Act by
29 text that is not yet or no longer in effect (for example, a
30 Section represented by multiple versions), the use of that
31 text does not accelerate or delay the taking effect of (i)
32 the changes made by this Act or (ii) provisions derived from
33 any other Public Act.