Public Act 0951 100TH GENERAL ASSEMBLY

HB4790 Enrolled LRB100 18836 LNS 34078 b

Public Act 100-0951

AN ACT concerning State government.

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

Section 5. The Illinois Procurement Code is amended by adding Section 45-22 as follows:

(30 ILCS 500/45-22 new)

Sec. 45-22. Compost-amended soil.

(a) As used in this Section:

"Compost-amended soil" means soil that has been mixed with source separated landscape waste or a mixture of both source separated landscape waste and source separated food scraps to meet an organic matter content of not less than 25%, where the compost component meets the certification requirements of the U.S. Composting Council's Seal of Testing Assurance (STA) program or any other equivalent, nationally recognized program.

"State agency" means: all officers, boards, commissions and agencies created by the Constitution in the executive branch; all officers, departments, boards, commissions, agencies, institutions, authorities, bodies politic and corporate of the State; and administrative units or corporate outgrowths of the State government which are created by or pursuant to statute, other than universities, units of local government and their officers, school districts, and boards of election commissioners; and all administrative units and corporate outgrowths of the above and as may be created by executive order of the Governor.

(b) Notwithstanding any provision of this Code or any other law to the contrary, any State agency that undertakes a landscaping project requiring the use of new or offsite soil for landscape-related use and that is located within 10 miles of any Illinois Environmental Protection Agency-permitted compost facility shall request a base bid with an alternative for compost-amended soil as a part of that project. The State agency shall consider whether compost-amended soil should be used for that project based upon the costs. The State agency shall incorporate compost-amended soil into a landscaping project if the cost of using compost-amended soil is equal to or less than the cost of using other new offsite soil.

The Illinois Environmental Protection Agency shall maintain a list of the locations of all permitted compost facilities in the State and post the list on its website.

(c) Prior to December 31, 2019, the Department of Transportation shall conduct 2 pilot demonstration projects using compost-amended soil. The Department shall determine the costs and advantages and disadvantages of using compost-amended soil. Within one year of substantial completion of both projects, the Department shall report to the General Assembly stating the immediate costs of the projects, long-term operational cost savings, and advantages and disadvantages of using compost-amended soil. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.

(d) This Section is repealed on January 1, 2022.

Effective Date: 1/1/2019