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| 1 | | of the United Nations, 31% of land on earth is covered in |
| 2 | | forests, but that area is rapidly decreasing. An estimated |
| 3 | | 1,600,000 square miles of forest have been converted to |
| 4 | | other land uses since 1990, with 42,500 square miles |
| 5 | | converted annually since 2010. |
| 6 | | (2) Studies show that preventing deforestation is |
| 7 | | among the most cost-effective climate mitigation |
| 8 | | strategies with large global mitigation benefits. |
| 9 | | Preventing deforestation is also one of the few large |
| 10 | | mitigation options that does not risk trade-offs to |
| 11 | | solving other challenges. On the contrary, it provides |
| 12 | | co-benefits, such as enhanced health, clean water, and |
| 13 | | sanitation. |
| 14 | | (3) Cost-effective greenhouse gas emission mitigation |
| 15 | | from forests and land use can provide roughly one-third of |
| 16 | | the mitigation required by 2030 to hold the increase in |
| 17 | | the global average temperature to below 2 degrees Celsius |
| 18 | | above preindustrial levels. Studies also suggest that |
| 19 | | protecting existing forests and allowing them to mature |
| 20 | | could potentially store 151.7 gigatons of carbon or about |
| 21 | | a quarter of the excess carbon emissions since |
| 22 | | industrialization. |
| 23 | | (4) Deforestation and forest degradation generate |
| 24 | | between 4.3 and 5.5 gigatons of carbon dioxide equivalent |
| 25 | | emissions annually. This amount is between 7% and 10% of |
| 26 | | all carbon dioxide equivalent emissions from all sources |
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| 1 | | globally. Emissions associated with deforestation and |
| 2 | | forest degradation contribute most of the 13% of total |
| 3 | | anthropogenic carbon dioxide emissions attributed to |
| 4 | | agriculture. |
| 5 | | (5) The Intergovernmental Science-Policy Platform on |
| 6 | | Biodiversity and Ecosystem Services found, in 2019, that |
| 7 | | (i) the rate of global species extinction is accelerating |
| 8 | | and is now tens to hundreds of times higher than the |
| 9 | | average rate over the last 10,000,000 years, threatening |
| 10 | | the loss of 1,000,000 species, and (ii) rampant land-use |
| 11 | | change has an overwhelming relative impact on terrestrial |
| 12 | | ecosystems. |
| 13 | | (6) Most forest destruction is caused by a few |
| 14 | | high-risk commodities, including, but not limtied to, |
| 15 | | cocoa, coffee, soy, palm oil, paper, rubber, and foreign |
| 16 | | cattle products. |
| 17 | | (b) The State should endeavor to use and purchase products |
| 18 | | from supply chains that do not contribute to deforestation, |
| 19 | | forest degradation, and interrelated human rights abuses. |
| 20 | | (30 ILCS 500/54-3 new) |
| 21 | | Sec. 54-3. Definitions. As used in this Article: |
| 22 | | "Contractor" means any person or entity that receives |
| 23 | | grant moneys from the State or has a contract with a State |
| 24 | | agency for any of the following: |
| 25 | | (1) public works or improvements; |
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| 1 | | (2) a franchise, concession, or lease of property; or |
| 2 | | (3) goods and services or supplies to be purchased at |
| 3 | | the expense of the State agency or to be paid for out of |
| 4 | | moneys deposited into the State treasury or out of trust |
| 5 | | fund moneys that are under the control of or collected by |
| 6 | | the State agency. |
| 7 | | "Deforestation" means direct, human-induced conversion of |
| 8 | | forest to a tree plantation or other agricultural or |
| 9 | | non-forest land use. |
| 10 | | "Foreign beef" means beef that does not qualify for the |
| 11 | | voluntary "Product of U.S.A." label under rules adopted by the |
| 12 | | Food Safety and Inspection Service of the U.S. Department of |
| 13 | | Agriculture. |
| 14 | | "Forest degradation" means changes to forest structure |
| 15 | | that result from human intervention and negatively impact |
| 16 | | species composition or natural ecological functions, as |
| 17 | | indicated by factors, including reductions in carbon storage |
| 18 | | and other ecosystem services, abundance of native species, or |
| 19 | | distribution of trees by age class. |
| 20 | | "Forest-risk commodity" means: |
| 21 | | (1) any commodity, including any agricultural or |
| 22 | | nonagricultural commodity, whether in raw or processed |
| 23 | | form, that is commonly extracted from or grown, derived, |
| 24 | | harvested, reared, or produced on land where deforestation |
| 25 | | or primary forest or old-growth forest degradation has |
| 26 | | occurred or is likely to occur; or |
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| 1 | | (2) any product derived from a product described in |
| 2 | | paragraph (1). |
| 3 | | "Forest-risk commodity" includes: cocoa, foreign beef, and |
| 4 | | any other commodity identified as a forest-risk commodity by |
| 5 | | the State Procurement Task Force in consultation with the |
| 6 | | Director of Central Management Services in accordance with |
| 7 | | Section 54-13. "Forest-risk commodity" does not include (i) |
| 8 | | primary, secondary, or tertiary packaging used for the purpose |
| 9 | | of containment, protection, handling, delivery, transport, |
| 10 | | distribution, or presentation of a covered product or (ii) a |
| 11 | | product made entirely from recycled or reused material, |
| 12 | | including recovered fiber. For any product made partially from |
| 13 | | recovered or reused material, the contractor must confirm only |
| 14 | | that the components that were not derived from recycled or |
| 15 | | reused materials were not extracted from, grown, derived, |
| 16 | | harvested, reared, or produced on land where deforestation or |
| 17 | | primary forest or old-growth forest degradation occurred upon |
| 18 | | the issuance of rules as described in Section 54-13. |
| 19 | | "Free, prior, and informed consent" means an authorization |
| 20 | | that embodies the principle that a community has the right to |
| 21 | | give or withhold its approval of a proposed development that |
| 22 | | may affect the land and waters it legally or customarily owns, |
| 23 | | occupies, or otherwise uses, as described in the United |
| 24 | | Nations Declaration on the Rights of Indigenous Peoples, the |
| 25 | | Indigenous and Tribal Peoples Convention of 1989, and other |
| 26 | | international instruments. "Free, prior, and informed consent" |
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| 1 | | includes informed, noncoercive negotiations between investors, |
| 2 | | companies, or governments and indigenous peoples prior to |
| 3 | | project development, and the formalized ability for impacted |
| 4 | | indigenous peoples to say no if projects do not meet their |
| 5 | | needs and, where the risk of harm to indigenous peoples' |
| 6 | | rights is significant, projects should not proceed without the |
| 7 | | affected people's consent. |
| 8 | | "Illinois State product" means: |
| 9 | | (1) a product that is grown, harvested, or produced in |
| 10 | | this State; or |
| 11 | | (2) a product that is processed inside or outside of |
| 12 | | this State and is composed of over 51%, by weight or |
| 13 | | volume, raw materials that are grown, harvested, or |
| 14 | | produced in this State. |
| 15 | | "Industrial development" means the processes and |
| 16 | | operations involved in the large-scale production of goods, |
| 17 | | including, but not limited to, manufacturing, processing, |
| 18 | | warehousing, transporting, or repairing. "Industrial |
| 19 | | development" also means the creation of facilities and |
| 20 | | transportation infrastructure for these activities, such as |
| 21 | | power generation, ship building, road development, and waste |
| 22 | | storage and treatment. |
| 23 | | "Large contractor" means any contractor whose annual |
| 24 | | revenue, or that of its parent company, is equal to or greater |
| 25 | | than $100,000,000. |
| 26 | | "Master contract" has the meaning given to that term in |
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| 1 | | Section 1-15.47. |
| 2 | | "Medium-sized business" means a business that operates in |
| 3 | | this State, is independently owned and operated, not dominant |
| 4 | | in its field, and employs between 100 and 500 persons. |
| 5 | | "Minority-owned business" has the meaning given to that |
| 6 | | term in Section 2 of the Business Enterprise for Minorities, |
| 7 | | Women, and Persons with Disabilities Act. |
| 8 | | "Old-growth forest" means a forest ecosystem distinguished |
| 9 | | by old trees and related structural attributes, encompassing |
| 10 | | the later stages of stand development that typically differ |
| 11 | | from earlier stages in a variety of characteristics, which may |
| 12 | | include advanced tree size, accumulations of large dead woody |
| 13 | | material, multiple canopy layers, later successional species |
| 14 | | composition, and ecosystem function. In the United States, the |
| 15 | | attributes of old-growth forests vary depending on forest |
| 16 | | type, geography and history, but typically contain trees over |
| 17 | | 120 years of age and least 40 centimeters in diameter. |
| 18 | | "Peat" means a soil that is rich in organic matter |
| 19 | | composed of partially decomposed and decaying plant materials, |
| 20 | | and comprises 40 centimeters of the top 100 centimeters of the |
| 21 | | soil profile. |
| 22 | | "Peatlands" means wetlands with a layer of peat. |
| 23 | | "Peatlands" includes moors, bogs, mires, peat swamp forests, |
| 24 | | and permafrost tundra. |
| 25 | | "Primary forest" or "pre-industrial forest" means a forest |
| 26 | | that has never been disturbed by industrial development or |
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| 1 | | large-scale harvesting and has developed following natural |
| 2 | | disturbances and under natural processes, regardless of its |
| 3 | | age. "Primary forest" includes a forest in any geography that |
| 4 | | has experienced nonindustrial-scale human impacts, including |
| 5 | | traditional or subsistence activities carried out by |
| 6 | | indigenous communities. |
| 7 | | "Recovered fiber" means postconsumer fiber such as paper, |
| 8 | | paperboard, and fibrous materials from places, including |
| 9 | | retail stores, office buildings, and homes, after having |
| 10 | | passed through its end usage, including used corrugated boxes, |
| 11 | | old newspapers, old magazines, mixed waste paper, tabulating |
| 12 | | cards, and used cordage, and all paper, paperboard, and |
| 13 | | fibrous materials that enter and are collected from municipal |
| 14 | | solid waste, and manufacturing wastes, such as dry paper and |
| 15 | | paperboard waste generated after completion of the papermaking |
| 16 | | process, including envelope cuttings, bindery trimmings, and |
| 17 | | other paper and paperboard waste resulting from printing, |
| 18 | | cutting, forming, and other converting operations, bag, box, |
| 19 | | and carton manufacturing wastes, and butt rolls, mill |
| 20 | | wrappers, and rejected unused stock, and repulped finished |
| 21 | | paper and paperboard from obsolete inventories of paper and |
| 22 | | paperboard manufacturers, merchants, wholesalers, dealers, |
| 23 | | printers, converters, and others. |
| 24 | | "Small business" has the meaning given to that term in |
| 25 | | Section 45-45. |
| 26 | | "Tropical forest" means a natural ecosystem within the |
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| 1 | | tropical regions, approximately bounded geographically by the |
| 2 | | tropics of Cancer and Capricorn, but possibly affected by |
| 3 | | other factors, such as prevailing winds, containing native |
| 4 | | species composition, structure, and ecological function, with |
| 5 | | a tree canopy cover of more than 10% over an area of at least |
| 6 | | 0.5 hectares. "Tropical forest" includes all of the following: |
| 7 | | (i) human-managed tropical forests or partially degraded |
| 8 | | tropical forests that are regenerating; and (ii) tropical |
| 9 | | forests identified by multi-objective conservation-based |
| 10 | | assessment methodologies, such as High Conservation Value |
| 11 | | areas (HCV), as defined by the HCV Resource Network, or High |
| 12 | | Carbon Stock Forests, as defined by the High Carbon Stock |
| 13 | | Approach, or by another methodology with equivalent or higher |
| 14 | | standards that includes primary forests and tropical peatlands |
| 15 | | of any depth. "Tropical forest" does not include plantations |
| 16 | | of any type. |
| 17 | | "Tropical hardwood" means a hardwood that is classified as |
| 18 | | an angiosperm and that grows in a tropical forest. "Tropical |
| 19 | | hardwood" includes, but is not limited to, the following |
| 20 | | species: |
| 21 | | (1) Prunus Africana (African cherry, red stinkwood); |
| 22 | | (2) Caryocar Costaricense (garlic tree); |
| 23 | | (3) Calophyllum species (bintangor); |
| 24 | | (4) Cedrela species (cedar, Spanish cedar, South |
| 25 | | American cedar); |
| 26 | | (5) Neobalanocarpus Heimii (chengal); |
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| 1 | | (6) Octomeles Sumatrana (Benuang); |
| 2 | | (7) Myroxylon Balsamum (balsamo); |
| 3 | | (8) Apuleia Leiocarpa (garapa); |
| 4 | | (9) Parastemon Urophyllus (malas); |
| 5 | | (10) Spicatus Ridley Hopea species (merawan); |
| 6 | | (11) Araucaria Araucana (monkey puzzle, Chilean pine); |
| 7 | | (12) Senna Siamea (Siamese cassia); |
| 8 | | (13) Pometia Pinnata (taun); |
| 9 | | (14) Millettia Leucantha, Millettia Stuhlmannii, |
| 10 | | Millettia Laurentii (sathon, panga panga, wenge); |
| 11 | | (15) Bulnesia Arborea, Bulnesia Sarmientoi (verawood, |
| 12 | | Argentine lignum vitae); |
| 13 | | (16) Tristaniopsis Laurina (water gum); |
| 14 | | (17) Terminalia species (limba, afara, ofram, idigbo, |
| 15 | | framire, black afara, amarillo, nargusta); |
| 16 | | (18) Homalium Foetidum (malas); |
| 17 | | (19) Dillenia Papuana (dillenia); |
| 18 | | (20) Canarium species (red canarium, grey canarium); |
| 19 | | (21) Burkrella Macropoda (rang rang); |
| 20 | | (22) Dracontomelon Dao (New Guinea walnut); |
| 21 | | (23) Planchonella species (white planchonella, red |
| 22 | | planchonella); |
| 23 | | (24) Lophopetalum species (perupok); |
| 24 | | (25) Cariniana Pyriformis (Colombian mahogany, abarco, |
| 25 | | jequitiba); |
| 26 | | (26) Mitragyna Ciliata (abura); |
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| 1 | | (27) Vouacapoua Americana (acapu); |
| 2 | | (28) Amburana Cearensis (amburana, cerejeira, cumare); |
| 3 | | (29) Lovoa species (African walnut, tigerwood); |
| 4 | | (30) Pericopsis Elata (afrormosia); |
| 5 | | (31) Peltogyne species (amaranth, purpleheart); |
| 6 | | (32) Pterogyne Nitens (amendoim); |
| 7 | | (33) Carapa Guianensis, Dicorynia Guianensis, Bagassa |
| 8 | | Guianensis, Couratari Guianensis (andiroba, angelique, |
| 9 | | tatajuba, bagasse); |
| 10 | | (34) Aningeria species (aningeria, anegre, anigre); |
| 11 | | (35) Dipterocarpus species (apitong, keruing); |
| 12 | | (36) Centrolobium species (arariba); |
| 13 | | (37) Brosimum Utile, Brosimum Alicastrum (baco, |
| 14 | | breadnut); |
| 15 | | (38) Ochroma Lagopus, Ochroma Pyramidale (balsa); |
| 16 | | (39) Berlinia species (berlinia, rose zebrano); |
| 17 | | (40) Symphonia Globulifera (boarwood); |
| 18 | | (41) Detarium Senegalense (boire); |
| 19 | | (42) Caesalpinia Echinata, Paubrasilia Echinata |
| 20 | | (Brazilwood, pernambuco); |
| 21 | | (43) Bertholletia Excelsa (Brazil nut, mora); |
| 22 | | (44) Guibourtia species (bubinga, African rosewood, |
| 23 | | kevazingo, amazique); |
| 24 | | (45) Toona Calantas (calantas); |
| 25 | | (46) Prioria copaifera (cativo); |
| 26 | | (47) Ceiba Pentandra (ceiba); |
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| 1 | | (48) Antiaris africana (chechen, antiaris); |
| 2 | | (49) Tabebuia Donnell-Smithii (copal); |
| 3 | | (50) Daniellia species (daniellia); |
| 4 | | (51) Cordia species (cordia wood, bocote, ziricote, |
| 5 | | louro, freijo); |
| 6 | | (52) Hymenaea Courbaril (courbaril, West Indian |
| 7 | | locust, brazilian cherry); |
| 8 | | (53) Dipteryx Odorata (cumaru, Brazilian teak); |
| 9 | | (54) Piptadeniastrum Africanum (dahoma); |
| 10 | | (55) Calycophyllum Candidissimum (dagame, lemonwood); |
| 11 | | (56) Afzelia species (doussie); |
| 12 | | (57) Diospyros species (ebony, ceylon ebony, |
| 13 | | marblewood); |
| 14 | | (58) Lophira Alata (ekki, azobe, red ironwood); |
| 15 | | (59) Combretodendron Macrocarpum (esia); |
| 16 | | (60) Chlorophora Tinctoria, Chlorophora Excelsa |
| 17 | | (fustic, iroko, African teak); |
| 18 | | (61) Aucoumea Klaineana (gaboon, okoume); |
| 19 | | (62) Astronium species (goncalo alves, tigerwood); |
| 20 | | (63) Ocotea Rodiei (greenheart); |
| 21 | | (64) Enterolobium Cyclocarpum (guanacaste, |
| 22 | | elephant-ear tree); |
| 23 | | (65) Guarea species (guarea, bosse); |
| 24 | | (66) Phoebe Porosa (imbuia, Brazilian walnut); |
| 25 | | (67) Handroanthus species (ipe, pau d'arco, lapacho); |
| 26 | | (68) Jacaranda Copaia (jacaranda); |
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| 1 | | (69) Machaerium Villosum (jacaranda pardo); |
| 2 | | (70) Dyera Costulata (jelutong); |
| 3 | | (71) Dryobalanops species (kapur, keladan); |
| 4 | | (72) Koompassia Malaccensis (kempas); |
| 5 | | (73) Acacia Koa (koa); |
| 6 | | (74) Pterygota Macrocarpa (koto, African pterygota); |
| 7 | | (75) Oxandra Lanceolata (lancewood); |
| 8 | | (76) Shorea species (lauan, luan, lawaan, meranti, |
| 9 | | seraya, Philippine mahogany, balau); |
| 10 | | (77) Nothofagus Pumilio, Nothofagus Obliqua (lenga |
| 11 | | beech, roble); |
| 12 | | (78) Guaiacum Officinale (roughbark lignum-vitae); |
| 13 | | (79) Aniba Rosaeodora, Aniba Duckei (pau rosa); |
| 14 | | (80) Nectandra species (louro preto); |
| 15 | | (81) Khaya species (African mahogany); |
| 16 | | (82) Swietenia species (mahogany, West Indian |
| 17 | | mahogany, Honduran mahogany, Cuban mahogany, big-leaf |
| 18 | | mahogany); |
| 19 | | (83) Tieghemella Heckelii (makora); |
| 20 | | (84) Intsia Bijuga, Intsia Palembanica (Borneo teak, |
| 21 | | merbau); |
| 22 | | (85) Anisoptera species (mersawa, krabak, palosapis); |
| 23 | | (86) Distemonanthus Benthamianus (movingui, ayan); |
| 24 | | (87) Pterocarpus species (narra, amboyna, Papua New |
| 25 | | Guinea rosewood, mukula, kosso, zitan, hongmu, padauk, |
| 26 | | vermillion wood); |
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| 1 | | (88) Palaquium species (nyatoh); |
| 2 | | (89) Triplochiton Scleroxylon (African whitewood, |
| 3 | | obeche, sambawawa); |
| 4 | | (90) Nauclea Diderrichii (opepe); |
| 5 | | (91) Balfourodendron Riedelianum (marfim); |
| 6 | | (92) Aspidosperma species (peroba rosa); |
| 7 | | (93) Paratecoma Peroba (peroba branca); |
| 8 | | (94) Gonystylus species (ramin); |
| 9 | | (95) Melanorrhoea Curtisii (rengas, Borneo rosewood); |
| 10 | | (96) Hevea Brasiliensis (rubber tree); |
| 11 | | (97) Dalbergia species (rosewood, Indian rosewood, |
| 12 | | Honduras rosewood, cocobolo, granadillo, pinkwood, |
| 13 | | tulipwood, African blackwood); |
| 14 | | (98) Entandrophragma cylindricum, Entandrophragma |
| 15 | | Candollei, Entandrophragma Utile (sapele, sapelli, kosipo, |
| 16 | | omu, utile, sipo); |
| 17 | | (99) Acanthopanax Ricinofolius (sen); |
| 18 | | (100) Brosimum Aubletti, Piratinera (snakewood, |
| 19 | | letterwood, leopardwood); |
| 20 | | (101) Juglans species (South American walnut, Peruvian |
| 21 | | walnut); |
| 22 | | (102) Sterculia Rhinopetalia (sterculia); |
| 23 | | (103) Tectona Grandis (teak); |
| 24 | | (104) Virola species (virola, cumala); |
| 25 | | (105) Pentacme Contorta (white lauan); |
| 26 | | (106) Microberlinia species (zebrawood, zingana); |
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| 1 | | "Tropical hardwood" does not include wood grown in a tree |
| 2 | | plantation. |
| 3 | | "Tropical hardwood product" means any product that |
| 4 | | contains tropical hardwood, regardless of whether it is sold |
| 5 | | at wholesale or retail, including, but not limited to, |
| 6 | | plywood, veneer, furniture, cabinets, paneling, siding, |
| 7 | | moldings, doors, doorskins, joinery, flooring, or sawnwood. |
| 8 | | "Tropical peatland" means tropical wetlands with a layer |
| 9 | | of peat. "Tropical peatland" includes moors, bogs, mires, and |
| 10 | | peat swamp forests. |
| 11 | | "Wholly or in part" has the meaning given to that term by |
| 12 | | rule, as described in Section 54-13. The term shall be defined |
| 13 | | in a manner designed to limit the administrative burden on the |
| 14 | | State while maximizing this Article's effectiveness at |
| 15 | | preventing deforestation and primary forest and old-growth |
| 16 | | forest degradation. |
| 17 | | "Women-owned business" has the meaning given to that term |
| 18 | | in Section 2 of the Business Enterprise for Minorities, Women, |
| 19 | | and Persons with Disabilities Act. |
| 20 | | (30 ILCS 500/54-4 new) |
| 21 | | Sec. 54-4. Purchase of tropical hardwoods prohibited. |
| 22 | | (a) Except as otherwise provided in this Code, on and |
| 23 | | after January 1, 2028, neither the State nor any State agency |
| 24 | | shall allow any person having a contract with the State or with |
| 25 | | a State agency to purchase, at wholesale or retail, or obtain |
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| 1 | | any tropical hardwood or tropical hardwood product for use in |
| 2 | | completing a contract with the State or with any State agency. |
| 3 | | (b) Subsection (a) shall not apply to: |
| 4 | | (1) any binding contractual obligation for the |
| 5 | | purchase of commodities entered into before the adoption |
| 6 | | of rules under Section 54-13; or |
| 7 | | (2) any grant, subvention, or contract with an agency |
| 8 | | of the United States, or any instruction of an authorized |
| 9 | | representative of an agency of the United States, if the |
| 10 | | application of subsection (a) violates or is inconsistent |
| 11 | | with the terms or conditions of the grant, subvention, |
| 12 | | contract, or instruction. |
| 13 | | (c) Tropical hardwood or tropical hardwood products |
| 14 | | sourced via a small-scale harvesting operation by indigenous |
| 15 | | communities on their traditional lands may be exempted from |
| 16 | | this Section and Section 54-6 if the extraction rates are |
| 17 | | demonstrated to be ecologically sustainable. Any exemptions |
| 18 | | and associated justifications under this subsection (c) shall |
| 19 | | be posted publicly on the BidBuy eProcurement system. |
| 20 | | (30 ILCS 500/54-6 new) |
| 21 | | Sec. 54-6. Phase-in of forest-risk commodity procurement. |
| 22 | | (a) One year after the adoption of rules under Section |
| 23 | | 54-13, every master contract entered into by the Department of |
| 24 | | Central Management Services that includes the procurement of |
| 25 | | any covered product made, in whole or in part, of a forest-risk |
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| 1 | | commodity shall require the contractor to certify that the |
| 2 | | product furnished to the State under the contract was not |
| 3 | | extracted from, grown, derived, harvested, reared, or produced |
| 4 | | on land where deforestation or primary forest or old-growth |
| 5 | | forest degradation occurred. The contractor shall agree to |
| 6 | | comply with this provision of the contract. |
| 7 | | (b) Two years after the adoption of rules under Section |
| 8 | | 54-13 of this Article, every contract entered into by a State |
| 9 | | agency that includes the procurement of any product that |
| 10 | | consists, in whole or in part, of a forest-risk commodity |
| 11 | | shall require the contractor to confirm that the commodity |
| 12 | | furnished to the State under the contract was not extracted |
| 13 | | from, grown, derived, harvested, reared, or produced on land |
| 14 | | where deforestation or primary forest or old-growth forest |
| 15 | | degradation occurred on or after the adoption of rules |
| 16 | | described in Section 54-13. The contractor shall agree to |
| 17 | | comply with this provision of the contract. |
| 18 | | (c) This Section does not apply to any grant, subvention, |
| 19 | | or contract with an agency of the United States, or to any |
| 20 | | instruction of an authorized representative of an agency of |
| 21 | | the United States, if the application of subsection (a) |
| 22 | | violates or is inconsistent with the terms or conditions of |
| 23 | | the grant, subvention, contract, or instruction. |
| 24 | | (30 ILCS 500/54-7 new) |
| 25 | | Sec. 54-7. Compliance. |
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| 1 | | (a) Every bid and resulting contract award shall specify |
| 2 | | that the contractor is required to cooperate fully in |
| 3 | | providing access to the contractor's records, documents, |
| 4 | | agents, employees, or premises if required by authorized |
| 5 | | officials of the contracting State agency, the Department of |
| 6 | | Central Management Services, or the Office of the Attorney |
| 7 | | General to determine the contractor's compliance with the |
| 8 | | requirements of this Article. |
| 9 | | (b) Contractors shall exercise due diligence in ensuring |
| 10 | | that their subcontractors comply with Section 54-6. |
| 11 | | Contractors shall require each subcontractor to certify in |
| 12 | | writing that the subcontractor complies with this Article. |
| 13 | | (30 ILCS 500/54-8 new) |
| 14 | | Sec. 54-8. Required forest policies. In addition to the |
| 15 | | requirements of Sections 54-6 and 54-7, large contractors that |
| 16 | | are subject to Section 54-6 must confirm that they have |
| 17 | | adopted a forest policy that includes, at a minimum, the |
| 18 | | following for each forest-risk commodity: |
| 19 | | (1) procedures for identifying and mitigating the risk |
| 20 | | of deforestation and primary forest and old-growth forest |
| 21 | | degradation in forest-risk commodity supply chains; and |
| 22 | | (2) procedures to ensure compliance with source |
| 23 | | country laws regarding forest-risk commodity supply chains |
| 24 | | and respect for national and international human rights |
| 25 | | standards, including recognized rights of indigenous |
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| 1 | | peoples and local communities; the principle of free, |
| 2 | | prior, and informed consent; the rights and safety of |
| 3 | | local environmental and human rights defenders; and the |
| 4 | | rights of workers. |
| 5 | | The forest policy shall be published on the bid in |
| 6 | | addition to information demonstrating implementation of the |
| 7 | | policy, disaggregated by product and updated at least |
| 8 | | annually, as well as publicly on the BidBuy eProcurement |
| 9 | | system when a large contractor has received a contract award. |
| 10 | | (30 ILCS 500/54-9 new) |
| 11 | | Sec. 54-9. Stakeholder advisory group. As needed |
| 12 | | throughout the rulemaking process and throughout the process |
| 13 | | of implementing this Article, including during the |
| 14 | | investigation of violations as outlined in Section 54-11, the |
| 15 | | State Procurement Task Force shall consult with a stakeholder |
| 16 | | advisory group and the Director of Central Management Services |
| 17 | | on the adoption of rules for the implementation of this |
| 18 | | Article. Members of the advisory group shall be selected by |
| 19 | | the Director of Central Management Services and shall consist |
| 20 | | of at least: |
| 21 | | (1) representatives of current or former contractors |
| 22 | | dealing in each of the forest-risk commodities, with an |
| 23 | | emphasis on small and medium-sized businesses; |
| 24 | | (2) representatives from civil society with relevant |
| 25 | | expertise in supply chain traceability, forest |
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| 1 | | sustainability, biodiversity, forest carbon dynamics, |
| 2 | | natural history, climate science, human and labor rights, |
| 3 | | and indigenous rights; members selected under this |
| 4 | | paragraph should be of at least equal number to members |
| 5 | | selected under paragraph (1); and |
| 6 | | (3) a minimum of 2 additional representatives from |
| 7 | | indigenous communities residing within forests covered by |
| 8 | | this Article. |
| 9 | | The advisory group shall meet virtually. Membership in the |
| 10 | | group shall be voluntary, and members shall receive no salary |
| 11 | | or compensation for participation in the advisory group. |
| 12 | | (30 ILCS 500/54-10 new) |
| 13 | | Sec. 54-10. Violations and sanctions. |
| 14 | | (a) If it is determined that any contractor contracting |
| 15 | | with the State knew or should have known that a product made, |
| 16 | | wholly or in part, of a forest-risk commodity was furnished to |
| 17 | | the State in violation of Sections 54-4, 54-5, 54-6, 54-7, or |
| 18 | | 54-8, the contracting State agency shall issue a written |
| 19 | | notice of violation and provide an opportunity for the |
| 20 | | contractor to come into compliance with this Article. If, |
| 21 | | after such notice, a contractor fails to come into compliance |
| 22 | | within a timeframe established by the Department of Central |
| 23 | | Management Services and the Capital Development Board, the |
| 24 | | contractor may have either one or both of the following |
| 25 | | sanctions imposed: |
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| 1 | | (1) the contract under which the prohibited |
| 2 | | forest-risk commodity was furnished may be voided at the |
| 3 | | option of the State agency to which the commodity was |
| 4 | | furnished; or |
| 5 | | (2) the contractor may be assessed a penalty that |
| 6 | | shall be the greater of $1,000 or an amount equaling 20% of |
| 7 | | the value of the product that the State agency |
| 8 | | demonstrates was made, wholly or in part, of a forest-risk |
| 9 | | commodity and furnished to the State in violation of |
| 10 | | Sections 54-4, 54-5, 54-6, 54-7, and 54-8. |
| 11 | | A hearing or opportunity to be heard shall be provided |
| 12 | | prior to the assessment of any penalty. |
| 13 | | (b) Notwithstanding subsection (a), a contractor that |
| 14 | | complies with Section 54-7 shall not be subject to sanctions |
| 15 | | for violations if the contractor had no knowledge of the |
| 16 | | requirements of Sections 54-4, 54-5, 54-6, 54-7, and 54-8, and |
| 17 | | if the violations were committed solely by a subcontractor. In |
| 18 | | that case, the sanctions described under subsection (a) shall |
| 19 | | instead be imposed on the subcontractor that committed the |
| 20 | | violation. |
| 21 | | (30 ILCS 500/54-11 new) |
| 22 | | Sec. 54-11. Investigation of violations. |
| 23 | | (a) Any State agency that investigates a complaint against |
| 24 | | a contractor or subcontractor for a violation of this Article |
| 25 | | may limit its investigation to evaluating the information |
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| 1 | | provided by the person or entity submitting the complaint and |
| 2 | | the information provided by the contractor or subcontractor. |
| 3 | | (b) Whenever a contracting officer of the contracting |
| 4 | | State agency has reason to believe that the contractor failed |
| 5 | | to comply with Sections 54-4, 54-5, 54-6, 54-7, and 54-8, the |
| 6 | | State agency shall refer the matter for investigation to the |
| 7 | | head of the State agency and, if the head of the State agency |
| 8 | | determines appropriate, in consultation with the stakeholder |
| 9 | | advisory group established under Section 54-9, to the Office |
| 10 | | of the Attorney General, who may consult with the stakeholder |
| 11 | | advisory group established under Section 54-9. |
| 12 | | (30 ILCS 500/54-12 new) |
| 13 | | Sec. 54-12. Preference for Illinois State products. |
| 14 | | (a) If a contract for the purchase of a commodity or |
| 15 | | product covered by this Article is to be awarded to the lowest |
| 16 | | responsible bidder, an otherwise qualified bidder who is a |
| 17 | | small business, medium-sized business, minority-owned |
| 18 | | business, women-owned business, or who will fulfill the |
| 19 | | contract through the use of Illinois State products may be |
| 20 | | given preference over other bidders, as long as (i) the |
| 21 | | product does not contribute to deforestation or primary forest |
| 22 | | or old-growth forest degradation and (ii) the cost included in |
| 23 | | the bid is not more than 10% greater than the cost included in |
| 24 | | a bid that is not from a small business, medium-sized |
| 25 | | business, minority-owned business, women-owned business, or |
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| 1 | | fulfilled through the use of Illinois State products. |
| 2 | | (b) This Section shall not apply if the head of the |
| 3 | | contracting State agency purchasing the products determines |
| 4 | | that giving preference to bidders under this Section: |
| 5 | | (1) would be against the public interest; |
| 6 | | (2) would increase the cost of the contract by an |
| 7 | | unreasonable amount; or |
| 8 | | (3) would be impracticable because Illinois products |
| 9 | | cannot be obtained in sufficient and reasonable available |
| 10 | | quantities and of satisfactory quality to meet the |
| 11 | | contracting State agency's requirements. |
| 12 | | (c) Nothing in this Section shall be construed to conflict |
| 13 | | with or otherwise limit the goals and requirements set forth |
| 14 | | by Article 45 of this Code or the Business Enterprise for |
| 15 | | Minorities, Women, and Persons with Disabilities Act. |
| 16 | | (30 ILCS 500/54-13 new) |
| 17 | | Sec. 54-13. Rules. |
| 18 | | (a) On or before July 1, 2026, the Department of Central |
| 19 | | Management Services shall adopt rules for the implementation |
| 20 | | of this Article. The rules shall be developed in consultation |
| 21 | | with the stakeholder advisory group established under Section |
| 22 | | 54-9 and shall allow for public input. The rules shall |
| 23 | | include, but shall not be limited to, all of the following: |
| 24 | | (1) Rules establishing a list of products that are |
| 25 | | made in whole or in part from forest-risk commodities that |
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| 1 | | are furnished to the State or used by State contractors |
| 2 | | and that are subject to the requirements of this Article, |
| 3 | | designed in a manner to limit the administrative burden of |
| 4 | | the State while deterring deforestation and primary forest |
| 5 | | and old-growth forest degradation. |
| 6 | | (2) Rules establishing what certifications or other |
| 7 | | standards are sufficient or necessary for contractors to |
| 8 | | supply products that meet the requirements of this |
| 9 | | Article. |
| 10 | | (3) Rules establishing review of and additions to the |
| 11 | | list of covered forest-risk commodities and products made |
| 12 | | in whole or in part of those forest-risk commodities, |
| 13 | | which shall occur no less often than every 2 years. When |
| 14 | | evaluating the inclusion of additional commodities in the |
| 15 | | list, the State Procurement Task Force, in consultation |
| 16 | | with a stakeholder advisory group and the Director of |
| 17 | | Central Management Services, shall consider (i) the impact |
| 18 | | of the commodity as a driver of deforestation or primary |
| 19 | | forest or old-growth forest degradation, (ii) the state of |
| 20 | | existing supply chain transparency and traceability |
| 21 | | systems for the commodity across all the regions from |
| 22 | | which it is sourced, and (iii) the feasibility of |
| 23 | | including the commodity in the requirements of Section |
| 24 | | 54-6. Rules adopted under this item (3) shall not be made |
| 25 | | to weaken existing deforestation-free procurement |
| 26 | | provisions. The first review of the list of covered |
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| 1 | | forest-risk commodities shall include, but shall not be |
| 2 | | limited to, the addition of palm oil, coffee, avocados, |
| 3 | | and all wood products, including pulp and paper, that are |
| 4 | | not currently covered by the regulation. |
| 5 | | (4) Rules establishing guidance to assist contractors |
| 6 | | in identifying covered forest-risk commodities supplied to |
| 7 | | the State, performing necessary risk-based supply chain |
| 8 | | due diligence to meet the requirements of this Article, |
| 9 | | and certifying that the commodity did not contribute to |
| 10 | | deforestation or primary forest or old-growth forest |
| 11 | | degradation. For any product that contains a component |
| 12 | | part that was produced on land in a country where the |
| 13 | | production of the component part is not a direct cause of |
| 14 | | deforestation or primary or old growth forest degradation, |
| 15 | | according to scientific assessments of recent land use |
| 16 | | trends, the contractor shall be required only to |
| 17 | | demonstrate that the component part originated in that |
| 18 | | country. |
| 19 | | (5) Rules establishing the full set of requirements |
| 20 | | for a large contractor's forest policy under Section 54-8, |
| 21 | | including parameters around what information must be |
| 22 | | publicly disclosed in compliance with the requirements of |
| 23 | | this Article. |
| 24 | | (6) Rules establishing a process to ensure that |
| 25 | | details of certified contracts are made available for |
| 26 | | public inspection on the website of the Department of |
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| 1 | | Central Management Services after approval of the |
| 2 | | contract, including the specific covered products included |
| 3 | | in the contract and the basis for its certification. |
| 4 | | (7) Rules establishing an easily accessible system |
| 5 | | through which members of the public may make complaints |
| 6 | | and submit information regarding violations of this |
| 7 | | Article. |
| 8 | | (8) Rules establishing an information-sharing system |
| 9 | | between State Agencies purchasing products subject to the |
| 10 | | requirements of this Article and the Department of Central |
| 11 | | Management Services regarding contracts involving |
| 12 | | purchases of tropical hardwoods and forest-risk |
| 13 | | commodities after the effective date of this Article. |
| 14 | | (9) Rules establishing any information-sharing systems |
| 15 | | with external partners implementing regulations comparable |
| 16 | | to this Article. |
| 17 | | (10) Rules detailing information provided in |
| 18 | | accordance with Section 54-17. |
| 19 | | (b) The Director of Central Management Services may |
| 20 | | establish a voluntary certification process for current or |
| 21 | | aspiring contractors to be recognized as supplying |
| 22 | | deforestation-free products as a part of the rulemaking |
| 23 | | process if the Director of Central Management Services, in |
| 24 | | consultation with the stakeholder advisory group established |
| 25 | | under Section 54-9, deems it would be advantageous to the |
| 26 | | ongoing implementation of this Article. If the Director of |
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| 1 | | Central Management Services, in consultation with the |
| 2 | | stakeholder advisory group established under Section 54-9, |
| 3 | | deems it would be advantageous to establish a voluntary |
| 4 | | certification process for current or aspiring contractors to |
| 5 | | be recognized as supplying deforestation-free products, |
| 6 | | certification shall include the following purchase |
| 7 | | restrictions: |
| 8 | | (1) that the certification requirements set forth in |
| 9 | | this Article shall not apply to a purchase of goods of |
| 10 | | $2,500 or less; and |
| 11 | | (2) that the total amount of goods exempted under |
| 12 | | paragraph (1) shall not exceed $7,500 per year for each |
| 13 | | contractor from which a State agency is purchasing goods. |
| 14 | | It shall be the responsibility of each State agency to |
| 15 | | monitor the use of this exemption and adhere to these |
| 16 | | restrictions on these purchases. |
| 17 | | (30 ILCS 500/54-14 new) |
| 18 | | Sec. 54-14. Assessment. All work products produced under |
| 19 | | Section 54-6 shall be made available to the public on the |
| 20 | | BidBuy eProcurement system. |
| 21 | | (30 ILCS 500/54-15 new) |
| 22 | | Sec. 54-15. The supply chain transparency assistance |
| 23 | | program. |
| 24 | | (a) As used in this Section, "eligible business" means a |
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| 1 | | small business, medium-sized business, minority-owned |
| 2 | | business, or woman-owned business seeking to comply with the |
| 3 | | requirements of this Article. |
| 4 | | (b) In partnership with the Chief Procurement Officer for |
| 5 | | General Services, the Business Enterprise Program, and the |
| 6 | | Department of Central Management Services, the stakeholder |
| 7 | | advisory group established under Section 54-9 of this Article |
| 8 | | is hereby authorized and directed, within one year after the |
| 9 | | effective date of this amendatory Act of the 104th General |
| 10 | | Assembly, to establish, develop, and issue, within available |
| 11 | | appropriations, a supply chain transparency assistance program |
| 12 | | to assist small businesses, medium-sized businesses, and |
| 13 | | minority-owned and women-owned businesses in achieving supply |
| 14 | | chains that comply with the requirements of this Article. |
| 15 | | (c) The purpose of the program developed under this |
| 16 | | Section is to compile and share resources that: |
| 17 | | (1) help participating eligible businesses with |
| 18 | | compliance with supply chain related regulations, |
| 19 | | procurement standards, or contracting requirements |
| 20 | | established under this Article; and |
| 21 | | (2) identify funding streams, grant moneys, financial |
| 22 | | assistance and other resources that may be available to |
| 23 | | help participating eligible businesses achieve |
| 24 | | transparent, traceable, ethical, and sustainable supply |
| 25 | | chains as it pertains to this Article. |
| 26 | | (d) The Chief Procurement Officer for General Services, |
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| 1 | | the Business Enterprise Program, and the Department of Central |
| 2 | | Management Services are responsible for publishing the |
| 3 | | resources compiled under this Article by the stakeholder |
| 4 | | advisory group and facilitating communications between |
| 5 | | eligible businesses and the stakeholder advisory group. |
| 6 | | (30 ILCS 500/54-16 new) |
| 7 | | Sec. 54-16. Report. Beginning 2 years after the effective |
| 8 | | date of this amendatory Act of the 104th General Assembly and |
| 9 | | biennially thereafter, the Director of Central Management |
| 10 | | Services and the Director of the Capital Development Board |
| 11 | | shall issue a report on the implementation of this Article to |
| 12 | | the State Procurement Task Force, the Governor, and the |
| 13 | | General Assembly. |
| 14 | | (30 ILCS 500/54-17 new) |
| 15 | | Sec. 54-17. Applicability. |
| 16 | | (a) This Act applies to all contracts entered into, |
| 17 | | extended, or renewed on or after the adoption of rules as |
| 18 | | described in Section 54-13. |
| 19 | | (b) If the Governor or the Director of Public Health has |
| 20 | | issued a disaster declaration because of a disaster as defined |
| 21 | | in Section 4 of the Illinois Emergency Management Agency Act |
| 22 | | and compliance with all the terms of this Article would be |
| 23 | | impracticable because critical commodities cannot be obtained |
| 24 | | in sufficient and reasonable available quantities and of |
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| 1 | | satisfactory quality to meet the contracting State agency's |
| 2 | | requirements, then the comprehensive requirements of this |
| 3 | | Article shall be suspended for a period of 60 days beginning |
| 4 | | the day the disaster declaration, in accordance with which |
| 5 | | critical commodities regulated by this Article cannot be |
| 6 | | obtained in sufficient and reasonable available quantities and |
| 7 | | of satisfactory quality to meet the contracting State agency's |
| 8 | | requirements. |
| 9 | | (c) Ongoing suspension of the comprehensive requirements |
| 10 | | of this Article for terms beyond the initial 60 days must be |
| 11 | | formally renewed by the Department of Central Management |
| 12 | | Services and: |
| 13 | | (1) must be dependent upon the existence of an ongoing |
| 14 | | disaster declaration as defined in Section 4 of the |
| 15 | | Illinois Emergency Management Agency Act, and |
| 16 | | (2) a reality where compliance with all of the terms |
| 17 | | of this Article would be impracticable because critical |
| 18 | | commodities cannot be obtained in sufficient and |
| 19 | | reasonable available quantities and of satisfactory |
| 20 | | quality to meet the contracting State agency's |
| 21 | | requirements. |
| 22 | | Section 99. Effective date. This Act takes effect upon |
| 23 | | becoming law.". |