Sen. Rachel Ventura

Filed: 4/1/2026

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3518

2    AMENDMENT NO. ______. Amend Senate Bill 3518 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5adding Article 54 as follows:
 
6    (30 ILCS 500/Art. 54 heading new)
7
ARTICLE 54. DEFORESTATION-FREE ILLINOIS LAW

 
8    (30 ILCS 500/54-1 new)
9    Sec. 54-1. Short title. This Article 54 may be cited as the
10Deforestation-Free Illinois Law.
 
11    (30 ILCS 500/54-2 new)
12    Sec. 54-2. Legislative findings.
13    (a) The General Assembly finds and declares the following:
14        (1) According to the Food and Agriculture Organization

 

 

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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
18from supply chains that do not contribute to deforestation,
19forest 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
23grant moneys from the State or has a contract with a State
24agency 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
8forest to a tree plantation or other agricultural or
9non-forest land use.
10    "Foreign beef" means beef that does not qualify for the
11voluntary "Product of U.S.A." label under rules adopted by the
12Food Safety and Inspection Service of the U.S. Department of
13Agriculture.
14    "Forest degradation" means changes to forest structure
15that result from human intervention and negatively impact
16species composition or natural ecological functions, as
17indicated by factors, including reductions in carbon storage
18and other ecosystem services, abundance of native species, or
19distribution 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
4any other commodity identified as a forest-risk commodity by
5the State Procurement Task Force in consultation with the
6Director of Central Management Services in accordance with
7Section 54-13. "Forest-risk commodity" does not include (i)
8primary, secondary, or tertiary packaging used for the purpose
9of containment, protection, handling, delivery, transport,
10distribution, or presentation of a covered product or (ii) a
11product made entirely from recycled or reused material,
12including recovered fiber. For any product made partially from
13recovered or reused material, the contractor must confirm only
14that the components that were not derived from recycled or
15reused materials were not extracted from, grown, derived,
16harvested, reared, or produced on land where deforestation or
17primary forest or old-growth forest degradation occurred upon
18the issuance of rules as described in Section 54-13.
19    "Free, prior, and informed consent" means an authorization
20that embodies the principle that a community has the right to
21give or withhold its approval of a proposed development that
22may affect the land and waters it legally or customarily owns,
23occupies, or otherwise uses, as described in the United
24Nations Declaration on the Rights of Indigenous Peoples, the
25Indigenous and Tribal Peoples Convention of 1989, and other
26international instruments. "Free, prior, and informed consent"

 

 

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1includes informed, noncoercive negotiations between investors,
2companies, or governments and indigenous peoples prior to
3project development, and the formalized ability for impacted
4indigenous peoples to say no if projects do not meet their
5needs and, where the risk of harm to indigenous peoples'
6rights is significant, projects should not proceed without the
7affected 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
16operations involved in the large-scale production of goods,
17including, but not limited to, manufacturing, processing,
18warehousing, transporting, or repairing. "Industrial
19development" also means the creation of facilities and
20transportation infrastructure for these activities, such as
21power generation, ship building, road development, and waste
22storage and treatment.
23    "Large contractor" means any contractor whose annual
24revenue, or that of its parent company, is equal to or greater
25than $100,000,000.
26    "Master contract" has the meaning given to that term in

 

 

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1Section 1-15.47.
2    "Medium-sized business" means a business that operates in
3this State, is independently owned and operated, not dominant
4in its field, and employs between 100 and 500 persons.
5    "Minority-owned business" has the meaning given to that
6term in Section 2 of the Business Enterprise for Minorities,
7Women, and Persons with Disabilities Act.
8    "Old-growth forest" means a forest ecosystem distinguished
9by old trees and related structural attributes, encompassing
10the later stages of stand development that typically differ
11from earlier stages in a variety of characteristics, which may
12include advanced tree size, accumulations of large dead woody
13material, multiple canopy layers, later successional species
14composition, and ecosystem function. In the United States, the
15attributes of old-growth forests vary depending on forest
16type, geography and history, but typically contain trees over
17120 years of age and least 40 centimeters in diameter.
18    "Peat" means a soil that is rich in organic matter
19composed of partially decomposed and decaying plant materials,
20and comprises 40 centimeters of the top 100 centimeters of the
21soil profile.
22    "Peatlands" means wetlands with a layer of peat.
23"Peatlands" includes moors, bogs, mires, peat swamp forests,
24and permafrost tundra.
25    "Primary forest" or "pre-industrial forest" means a forest
26that has never been disturbed by industrial development or

 

 

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1large-scale harvesting and has developed following natural
2disturbances and under natural processes, regardless of its
3age. "Primary forest" includes a forest in any geography that
4has experienced nonindustrial-scale human impacts, including
5traditional or subsistence activities carried out by
6indigenous communities.
7    "Recovered fiber" means postconsumer fiber such as paper,
8paperboard, and fibrous materials from places, including
9retail stores, office buildings, and homes, after having
10passed through its end usage, including used corrugated boxes,
11old newspapers, old magazines, mixed waste paper, tabulating
12cards, and used cordage, and all paper, paperboard, and
13fibrous materials that enter and are collected from municipal
14solid waste, and manufacturing wastes, such as dry paper and
15paperboard waste generated after completion of the papermaking
16process, including envelope cuttings, bindery trimmings, and
17other paper and paperboard waste resulting from printing,
18cutting, forming, and other converting operations, bag, box,
19and carton manufacturing wastes, and butt rolls, mill
20wrappers, and rejected unused stock, and repulped finished
21paper and paperboard from obsolete inventories of paper and
22paperboard manufacturers, merchants, wholesalers, dealers,
23printers, converters, and others.
24    "Small business" has the meaning given to that term in
25Section 45-45.
26    "Tropical forest" means a natural ecosystem within the

 

 

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1tropical regions, approximately bounded geographically by the
2tropics of Cancer and Capricorn, but possibly affected by
3other factors, such as prevailing winds, containing native
4species composition, structure, and ecological function, with
5a tree canopy cover of more than 10% over an area of at least
60.5 hectares. "Tropical forest" includes all of the following:
7(i) human-managed tropical forests or partially degraded
8tropical forests that are regenerating; and (ii) tropical
9forests identified by multi-objective conservation-based
10assessment methodologies, such as High Conservation Value
11areas (HCV), as defined by the HCV Resource Network, or High
12Carbon Stock Forests, as defined by the High Carbon Stock
13Approach, or by another methodology with equivalent or higher
14standards that includes primary forests and tropical peatlands
15of any depth. "Tropical forest" does not include plantations
16of any type.
17    "Tropical hardwood" means a hardwood that is classified as
18an angiosperm and that grows in a tropical forest. "Tropical
19hardwood" includes, but is not limited to, the following
20species:
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
2plantation.
3    "Tropical hardwood product" means any product that
4contains tropical hardwood, regardless of whether it is sold
5at wholesale or retail, including, but not limited to,
6plywood, veneer, furniture, cabinets, paneling, siding,
7moldings, doors, doorskins, joinery, flooring, or sawnwood.
8    "Tropical peatland" means tropical wetlands with a layer
9of peat. "Tropical peatland" includes moors, bogs, mires, and
10peat swamp forests.
11    "Wholly or in part" has the meaning given to that term by
12rule, as described in Section 54-13. The term shall be defined
13in a manner designed to limit the administrative burden on the
14State while maximizing this Article's effectiveness at
15preventing deforestation and primary forest and old-growth
16forest degradation.
17    "Women-owned business" has the meaning given to that term
18in Section 2 of the Business Enterprise for Minorities, Women,
19and 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
23after January 1, 2028, neither the State nor any State agency
24shall allow any person having a contract with the State or with
25a State agency to purchase, at wholesale or retail, or obtain

 

 

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1any tropical hardwood or tropical hardwood product for use in
2completing 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
14sourced via a small-scale harvesting operation by indigenous
15communities on their traditional lands may be exempted from
16this Section and Section 54-6 if the extraction rates are
17demonstrated to be ecologically sustainable. Any exemptions
18and associated justifications under this subsection (c) shall
19be 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
2354-13, every master contract entered into by the Department of
24Central Management Services that includes the procurement of
25any covered product made, in whole or in part, of a forest-risk

 

 

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1commodity shall require the contractor to certify that the
2product furnished to the State under the contract was not
3extracted from, grown, derived, harvested, reared, or produced
4on land where deforestation or primary forest or old-growth
5forest degradation occurred. The contractor shall agree to
6comply with this provision of the contract.
7    (b) Two years after the adoption of rules under Section
854-13 of this Article, every contract entered into by a State
9agency that includes the procurement of any product that
10consists, in whole or in part, of a forest-risk commodity
11shall require the contractor to confirm that the commodity
12furnished to the State under the contract was not extracted
13from, grown, derived, harvested, reared, or produced on land
14where deforestation or primary forest or old-growth forest
15degradation occurred on or after the adoption of rules
16described in Section 54-13. The contractor shall agree to
17comply with this provision of the contract.
18    (c) This Section does not apply to any grant, subvention,
19or contract with an agency of the United States, or to any
20instruction of an authorized representative of an agency of
21the United States, if the application of subsection (a)
22violates or is inconsistent with the terms or conditions of
23the 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
2that the contractor is required to cooperate fully in
3providing access to the contractor's records, documents,
4agents, employees, or premises if required by authorized
5officials of the contracting State agency, the Department of
6Central Management Services, or the Office of the Attorney
7General to determine the contractor's compliance with the
8requirements of this Article.
9    (b) Contractors shall exercise due diligence in ensuring
10that their subcontractors comply with Section 54-6.
11Contractors shall require each subcontractor to certify in
12writing 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
15requirements of Sections 54-6 and 54-7, large contractors that
16are subject to Section 54-6 must confirm that they have
17adopted a forest policy that includes, at a minimum, the
18following 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
6addition to information demonstrating implementation of the
7policy, disaggregated by product and updated at least
8annually, as well as publicly on the BidBuy eProcurement
9system 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
12throughout the rulemaking process and throughout the process
13of implementing this Article, including during the
14investigation of violations as outlined in Section 54-11, the
15State Procurement Task Force shall consult with a stakeholder
16advisory group and the Director of Central Management Services
17on the adoption of rules for the implementation of this
18Article. Members of the advisory group shall be selected by
19the Director of Central Management Services and shall consist
20of 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
10group shall be voluntary, and members shall receive no salary
11or 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
15with the State knew or should have known that a product made,
16wholly or in part, of a forest-risk commodity was furnished to
17the State in violation of Sections 54-4, 54-5, 54-6, 54-7, or
1854-8, the contracting State agency shall issue a written
19notice of violation and provide an opportunity for the
20contractor to come into compliance with this Article. If,
21after such notice, a contractor fails to come into compliance
22within a timeframe established by the Department of Central
23Management Services and the Capital Development Board, the
24contractor may have either one or both of the following
25sanctions 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
12prior to the assessment of any penalty.
13    (b) Notwithstanding subsection (a), a contractor that
14complies with Section 54-7 shall not be subject to sanctions
15for violations if the contractor had no knowledge of the
16requirements of Sections 54-4, 54-5, 54-6, 54-7, and 54-8, and
17if the violations were committed solely by a subcontractor. In
18that case, the sanctions described under subsection (a) shall
19instead be imposed on the subcontractor that committed the
20violation.
 
21    (30 ILCS 500/54-11 new)
22    Sec. 54-11. Investigation of violations.
23    (a) Any State agency that investigates a complaint against
24a contractor or subcontractor for a violation of this Article
25may limit its investigation to evaluating the information

 

 

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1provided by the person or entity submitting the complaint and
2the information provided by the contractor or subcontractor.
3    (b) Whenever a contracting officer of the contracting
4State agency has reason to believe that the contractor failed
5to comply with Sections 54-4, 54-5, 54-6, 54-7, and 54-8, the
6State agency shall refer the matter for investigation to the
7head of the State agency and, if the head of the State agency
8determines appropriate, in consultation with the stakeholder
9advisory group established under Section 54-9, to the Office
10of the Attorney General, who may consult with the stakeholder
11advisory 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
15product covered by this Article is to be awarded to the lowest
16responsible bidder, an otherwise qualified bidder who is a
17small business, medium-sized business, minority-owned
18business, women-owned business, or who will fulfill the
19contract through the use of Illinois State products may be
20given preference over other bidders, as long as (i) the
21product does not contribute to deforestation or primary forest
22or old-growth forest degradation and (ii) the cost included in
23the bid is not more than 10% greater than the cost included in
24a bid that is not from a small business, medium-sized
25business, minority-owned business, women-owned business, or

 

 

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1fulfilled through the use of Illinois State products.
2    (b) This Section shall not apply if the head of the
3contracting State agency purchasing the products determines
4that 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
13with or otherwise limit the goals and requirements set forth
14by Article 45 of this Code or the Business Enterprise for
15Minorities, 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
19Management Services shall adopt rules for the implementation
20of this Article. The rules shall be developed in consultation
21with the stakeholder advisory group established under Section
2254-9 and shall allow for public input. The rules shall
23include, 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
20establish a voluntary certification process for current or
21aspiring contractors to be recognized as supplying
22deforestation-free products as a part of the rulemaking
23process if the Director of Central Management Services, in
24consultation with the stakeholder advisory group established
25under Section 54-9, deems it would be advantageous to the
26ongoing implementation of this Article. If the Director of

 

 

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1Central Management Services, in consultation with the
2stakeholder advisory group established under Section 54-9,
3deems it would be advantageous to establish a voluntary
4certification process for current or aspiring contractors to
5be recognized as supplying deforestation-free products,
6certification shall include the following purchase
7restrictions:
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
15monitor the use of this exemption and adhere to these
16restrictions on these purchases.
 
17    (30 ILCS 500/54-14 new)
18    Sec. 54-14. Assessment. All work products produced under
19Section 54-6 shall be made available to the public on the
20BidBuy eProcurement system.
 
21    (30 ILCS 500/54-15 new)
22    Sec. 54-15. The supply chain transparency assistance
23program.
24    (a) As used in this Section, "eligible business" means a

 

 

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1small business, medium-sized business, minority-owned
2business, or woman-owned business seeking to comply with the
3requirements of this Article.
4    (b) In partnership with the Chief Procurement Officer for
5General Services, the Business Enterprise Program, and the
6Department of Central Management Services, the stakeholder
7advisory group established under Section 54-9 of this Article
8is hereby authorized and directed, within one year after the
9effective date of this amendatory Act of the 104th General
10Assembly, to establish, develop, and issue, within available
11appropriations, a supply chain transparency assistance program
12to assist small businesses, medium-sized businesses, and
13minority-owned and women-owned businesses in achieving supply
14chains that comply with the requirements of this Article.
15    (c) The purpose of the program developed under this
16Section 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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1the Business Enterprise Program, and the Department of Central
2Management Services are responsible for publishing the
3resources compiled under this Article by the stakeholder
4advisory group and facilitating communications between
5eligible businesses and the stakeholder advisory group.
 
6    (30 ILCS 500/54-16 new)
7    Sec. 54-16. Report. Beginning 2 years after the effective
8date of this amendatory Act of the 104th General Assembly and
9biennially thereafter, the Director of Central Management
10Services and the Director of the Capital Development Board
11shall issue a report on the implementation of this Article to
12the State Procurement Task Force, the Governor, and the
13General Assembly.
 
14    (30 ILCS 500/54-17 new)
15    Sec. 54-17. Applicability.
16    (a) This Act applies to all contracts entered into,
17extended, or renewed on or after the adoption of rules as
18described in Section 54-13.
19    (b) If the Governor or the Director of Public Health has
20issued a disaster declaration because of a disaster as defined
21in Section 4 of the Illinois Emergency Management Agency Act
22and compliance with all the terms of this Article would be
23impracticable because critical commodities cannot be obtained
24in sufficient and reasonable available quantities and of

 

 

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1satisfactory quality to meet the contracting State agency's
2requirements, then the comprehensive requirements of this
3Article shall be suspended for a period of 60 days beginning
4the day the disaster declaration, in accordance with which
5critical commodities regulated by this Article cannot be
6obtained in sufficient and reasonable available quantities and
7of satisfactory quality to meet the contracting State agency's
8requirements.
9    (c) Ongoing suspension of the comprehensive requirements
10of this Article for terms beyond the initial 60 days must be
11formally renewed by the Department of Central Management
12Services 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
23becoming law.".