Public Act 096-0197
 		





HB4035 Enrolled
LRB096 10122 JAM 20288 b






    AN ACT concerning finance.

 
    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 
changing Sections 45-20 and 45-25 and  by adding Section 45-26 
as follows:
 



    (30 ILCS 500/45-20)



    Sec. 45-20. Recycled supplies materials. When a public 
contract
is to be awarded to the
lowest responsible bidder, an 
otherwise qualified bidder who will
fulfill the contract 
through the
use of products made of recycled supplies materials 
may, on a pilot basis
or in accordance with a pilot study,
be 
given preference over other bidders unable to do so, provided

that the cost included in the
bid of supplies products made of 
recycled materials does not constitute an undue economic or 
practical hardship is not more than 10%
greater than the cost 
of
products not made of recycled materials.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

 



    (30 ILCS 500/45-25)



    Sec. 45-25. Recyclable supplies paper. All supplies paper 
purchased for
use by State agencies must
be recyclable paper 
unless a recyclable substitute paper cannot be used to meet
the 
requirements of the State
agencies or would constitute an undue 
economic or practical hardship.  State agencies shall determine 
their paper requirements
to allow the use of recyclable
paper 
whenever possible, including without limitation using plain

paper rather than colored paper
that is not recyclable.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

 
    (30 ILCS 500/45-26  new)
    Sec. 45-26. Environmentally preferable procurement.
    (a) Definitions.  For the purposes of this Section:
        (1) "Supplies" means all personal property, including 
    but not limited to equipment, materials, printing, and 
    insurance, and the financing of those supplies.
        (2) "Services" means the furnishing of labor, time, or 
    effort by a contractor, not involving the delivery of a 
    specific end product other than reports or supplies that 
    are incidental to the required performance.
        (3) "Environmentally preferable supplies" means 
    supplies that are less harmful to the natural environment 
    and   human health than substantially similar supplies for 
    the same purpose.  Attributes of environmentally preferable 
    supplies include, but are not limited to, the following:
                (i) made of recycled materials, to the maximum 
            extent feasible;
                (ii) not containing, emitting, or producing 
            toxic substances;
                (iii) constituted so as to minimize the 
            production of waste; and
                (iv) constituted so as to conserve energy and 
            water resources over the course of production, 
            transport, intended use, and disposal.
        (4) "Environmentally preferable services" means 
    services that are less harmful to the natural environment 
    and human health than substantially similar services for 
    the same purpose.  Attributes of "environmentally 
    preferable services" include, but are not limited to, the 
    following:
                (i) use of supplies made of recycled 
            materials, to the maximum extent feasible;
                (ii) use of supplies that do not contain, emit, 
            or produce toxic substances;
                (iii) employment of methods that minimize the 
            production of waste; and
                (iv) employment of methods that conserve 
            energy and water resources or use energy and water 
            resources more efficiently than substantially 
            similar methods.
    (b) Award of contracts for environmentally preferable 
supplies or services.  Notwithstanding any rule, regulation, 
statute, order, or policy of any kind, with the exceptions of 
Sections 45-20 and 45-25 of this Code, State agencies shall 
contract for supplies and services that are environmentally 
preferable.
    If, however,  contracting for an environmentally preferable 
supply or service would impose an undue economic or practical 
hardship on the contracting State agency, or if an 
environmentally preferable supply or service cannot be used to 
meet the requirements of the State agency, then the State 
agency need not contract for an environmentally preferable 
supply or service.

Specifications for contracts, at the 
discretion of the contracting State agency, may include a price 
preference of up to 10% for environmentally preferable supplies 
or services. 

 
    Section 99. Effective date. This Act takes effect January 
1, 2010.