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Full Text of SB2157
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SB2157 - 104th General Assembly
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Introduced
Senate Amendment 001
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Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2157
Introduced 2/7/2025, by Sen. Rachel Ventura
SYNOPSIS AS INTRODUCED:
New Act
Creates the Deforestation-Free Illinois Act. Provides that neither
the State nor any government agency of the State shall purchase, at
wholesale or retail, or obtain for any purpose any tropical hardwood or
tropical hardwood product. Provides that no bid proposal or solicitation,
request for bid or proposal, or contract for the construction of any public
work, building maintenance, or improvement for or on behalf of the State or
any government agency of the State shall require or permit the use of any
tropical hardwood or tropical hardwood product. Provides that every
contract entered into by a State agency that includes the procurement of
any product that consists, in whole or in part, of a forest-risk commodity
shall require the contractor to confirm that the commodity furnished to
the State under the contract was not extracted from, grown, derived,
harvested, reared, or produced on land where deforestation or forest
degradation occurred. Effective immediately.
LRB104 09412 HLH 19471 b
A BILL FOR
SB2157
LRB104 09412 HLH 19471 b
1
AN ACT concerning finance.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Deforestation-Free Illinois Act.
6
Section 5.
Legislative findings.
The General Assembly
7
finds and declares the following:
8
(1) Studies show that preventing deforestation is
9
among the most cost-effective climate mitigation
10
strategies with large global mitigation benefits.
11
Preventing deforestation is also one of the few large
12
mitigation options that does not risk trade-offs to
13
solving other challenges; on the contrary, it provides
14
co-benefits like enhancing health, clean water, and
15
sanitation.
16
(2) Studies also suggest that protecting existing
17
forests and allowing them to mature could potentially
18
store 151.7 gigatons of carbon, or about a quarter of
19
excess emissions since industrialization.
20
(3) Deforestation and forest degradation generates
21
between 4.3 and 5.5 GtCO2eq annually. This is between 7%
22
and 10% of all CO
2
equivalent emissions from all sources
23
globally. Emissions associated with deforestation and
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forest degradation contribute most of the 13% of total
2
anthropogenic CO
2
emissions attributed to agriculture.
3
(4) Most forest destruction is caused by a few
4
high-risk commodities we can avoid - cattle products,
5
cocoa, coffee, soy, palm oil, paper, and rubber - by
6
selecting products from supply chains not contributing to
7
deforestation, forest degradation, and interrelated human
8
rights abuses.
9
Article 60.
Deforestation-Free Procurement.
10
Section 60-1.
Definitions.
As used in this Section:
11
"Contractor" means any person or entity that has a
12
contract with a State agency for any of the following:
13
(1) public works or improvements;
14
(2) a franchise, concession, or lease of property; or
15
(3) grant moneys or goods and services or supplies to
16
be purchased at the expense of the State agency or to be
17
paid for out of moneys deposited into the State treasury
18
or out of trust moneys under the control of or collected by
19
the State agency.
20
"Deforestation" means direct human-induced conversion of
21
forest to agriculture, a tree plantation, or other non-forest
22
land use.
23
"Forest degradation" means structural changes to forest
24
cover that result in a change in species composition,
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structure, or ecological function of that forest, as indicated
2
by factors including impacts to carbon storage and other
3
ecosystem services, native species abundance and composition,
4
forest structure, and tree age class distribution. "Forest
5
degradation" includes converting primary forest or naturally
6
regenerating forest into plantation forest or into other
7
wooded land and the conversion of primary forest into planted
8
forests.
9
"Forest-risk commodity" means:
10
(1) any commodity, including any agricultural or
11
nonagricultural commodity, whether in raw or processed
12
form, that is commonly extracted from or grown, derived,
13
harvested, reared, or produced on land where deforestation
14
or forest degradation has occurred or is likely to occur;
15
or
16
(2) any product derived from a product described in
17
paragraph (1).
18
"Forest-risk commodity" includes beef, cocoa, coffee,
19
leather, logs, lumber, palm oil, paper, soy, rubber, wood
20
pulp, and any other commodity identified as such by the
21
Director of Central Management Services by rule. "Forest-risk
22
commodity" does not include wood pulp or paper made entirely
23
from recovered fiber. For any wood pulp or paper product made
24
partially from recovered fiber, the contractor must only
25
confirm that the components that were not derived from
26
recovered fibers were not extracted from, grown, derived,
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harvested, reared, or produced on land where deforestation or
2
forest degradation occurred in accordance with rules as
3
provided in Section 60-11.
4
"Free, prior, and informed consent" means an authorization
5
that embodies the principle that a community has the right to
6
give or withhold its approval of a proposed development that
7
may affect the land and waters it legally or customarily owns,
8
occupies, or otherwise uses, as described in the United
9
Nations Declaration on the Rights of Indigenous Peoples, the
10
Indigenous and Tribal Peoples Convention of 1989, and other
11
international instruments. "Free, prior, and informed consent"
12
includes informed, noncoercive negotiations between investors,
13
companies, or governments and Indigenous peoples prior to
14
project development, and the formalized ability for impacted
15
Indigenous peoples to say no if projects do not meet their
16
needs and, where the risk of harm to Indigenous Peoples'
17
rights is significant, projects should not proceed without the
18
affected People's consent.
19
"Illinois State product" means:
20
(1) a product that is grown, harvested, or produced in
21
this State; or
22
(2) a product that is processed inside or outside of
23
this State comprising over 51%, by weight or volume, raw
24
materials that are grown, harvested, or produced in this
25
State.
26
"Industrial development" means the processes and
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operations involved in the large-scale production of goods,
2
including, but not limited to, manufacturing, processing,
3
warehousing, transporting, or repairing. "Industrial
4
development" also means the creation of facilities and
5
transportation infrastructure for these activities, such as
6
power generation, ship building, road development, and waste
7
storage and treatment.
8
"Large contractor" means any contractor whose annual
9
revenue, or that of its parent company, is equal to or greater
10
than $100,000,000.
11
"Medium-sized business" means a business that operates in
12
this State, is independently owned and operated, not dominant
13
in its field, and employs between 100 and 500 persons.
14
"Minority-owned business" has the meaning given to that
15
term in Section 2 of the Business Enterprise for Minorities,
16
Women, and Persons with Disabilities Act.
17
"Peat" means a soil that is rich in organic matter
18
composed of partially decomposed and decaying plant materials,
19
and comprises 40 centimeters of the top 100 centimeters of the
20
soil profile.
21
"Peatlands" means wetlands with a layer of peat.
22
"Peatlands" includes moors, bogs, mires, peat swamp forests,
23
and permafrost tundra.
24
"Point of origin" means the geographic location, as
25
identified by the smallest administrative unit of land, where
26
a commodity is grown, derived, harvested, reared, or produced.
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"Primary forest" or "pre-industrial forest" means a forest
2
that has never been disturbed by industrial development or
3
large-scale harvesting and has developed following natural
4
disturbances and under natural processes, regardless of its
5
age. "Primary forest" includes a forest in any geography that
6
has experienced nonindustrial-scale human impacts, including
7
traditional or subsistence activities carried out by
8
Indigenous communities.
9
"Recovered fiber" means postconsumer fiber such as paper,
10
paperboard, and fibrous materials from places including retail
11
stores, office buildings, and homes, after having passed
12
through its end usage, including used corrugated boxes, old
13
newspapers, old magazines, mixed waste paper, tabulating
14
cards, and used cordage, and all paper, paperboard, and
15
fibrous materials that enter and are collected from municipal
16
solid waste, and manufacturing wastes such as dry paper and
17
paperboard waste generated after completion of the papermaking
18
process, including envelope cuttings, bindery trimmings, and
19
other paper and paperboard waste resulting from printing,
20
cutting, forming, and other converting operations, bag, box,
21
and carton manufacturing wastes, and butt rolls, mill
22
wrappers, and rejected unused stock, and repulped finished
23
paper and paperboard from obsolete inventories of paper and
24
paperboard manufacturers, merchants, wholesalers, dealers,
25
printers, converters, and others.
26
"Secondary material" means any material recovered from or
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otherwise destined for the waste stream, including, but not
2
limited to, post-consumer material, industrial scrap material
3
and overstock or obsolete inventories from distributors,
4
wholesalers and other companies. "Secondary material" does not
5
include those materials and byproducts generated from, and
6
commonly reused within, an original manufacturing process.
7
"Small business" has the same meaning given to that term
8
in Section 45-45 of the Illinois Procurement Code.
9
"Tropical hardwood" means any and all hardwood,
10
specifically classified as angiosperm, that grows in any
11
tropical forest. "Tropical hardwood" includes, but is not
12
limited to, the following species:
13
(1) Prunus Africana (African cherry, red stinkwood)
14
(2) Caryocar Costaricense (garlic tree)
15
(3) Calophyllum species (bintangor)
16
(4) Cedrela species (cedar, Spanish cedar, South
17
American cedar)
18
(5) Neobalanocarpus Heimii (chengal)
19
(6) Octomeles Sumatrana (Benuang)
20
(7) Myroxylon Balsamum (balsamo)
21
(8) Apuleia Leiocarpa (garapa)
22
(9) Parastemon Urophyllus (malas)
23
(10) Spicatus Ridley Hopea species (merawan)
24
(11) Araucaria Araucana (monkey puzzle, Chilean pine)
25
(12) Senna Siamea (Siamese cassia)
26
(13) Pometia Pinnata (taun)
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(14) Millettia Leucantha, Millettia Stuhlmannii,
2
Millettia Laurentii (sathon, panga panga, wenge)
3
(15) Bulnesia Arborea, Bulnesia Sarmientoi (verawood,
4
Argentine lignum vitae)
5
(16) Tristaniopsis Laurina (water gum)
6
(17) Terminalia species (limba, afara, ofram, idigbo,
7
framire, black afara, amarillo, nargusta)
8
(18) Homalium Foetidum (malas)
9
(19) Dillenia Papuana (dillenia)
10
(20) Canarium species (red canarium, grey canarium)
11
(21) Burkrella Macropoda (rang rang)
12
(22) Dracontomelon Dao (New Guinea walnut)
13
(23) Planchonella species (white planchonella, red
14
planchonella)
15
(24) Lophopetalum species (perupok)
16
(25) Cariniana Pyriformis (Colombian mahogany, abarco,
17
jequitiba)
18
(26) Mitragyna Ciliata (abura)
19
(27) Vouacapoua Americana (acapu)
20
(28) Amburana Cearensis (amburana, cerejeira, cumare)
21
(29) Lovoa species (African walnut, tigerwood)
22
(30) Pericopsis Elata (afrormosia)
23
(31) Peltogyne species (amaranth, purpleheart)
24
(32) Pterogyne Nitens (amendoim)
25
(33) Carapa Guianensis, Dicorynia Guianensis, Bagassa
26
Guianensis, Couratari Guianensis (andiroba, angelique,
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tatajuba, bagasse)
2
(34) Aningeria species (aningeria, anegre, anigre)
3
(35) Dipterocarpus species (apitong, keruing)
4
(36) Centrolobium species (arariba)
5
(37) Brosimum Utile, Brosimum Alicastrum (baco,
6
breadnut)
7
(38) Ochroma Lagopus, Ochroma Pyramidale (balsa)
8
(39) Berlinia species (berlinia, rose zebrano)
9
(40) Symphonia Globulifera (boarwood)
10
(41) Detarium Senegalense (boire)
11
(42) Caesalpinia Echinata, Paubrasilia Echinata
12
(Brazilwood, pernambuco)
13
(43) Bertholletia Excelsa (Brazil nut, mora)
14
(44) Guibourtia species (bubinga, African rosewood,
15
kevazingo, amazique)
16
(45) Toona Calantas (calantas)
17
(46) Prioria copaifera (cativo)
18
(47) Ceiba Pentandra (ceiba)
19
(48) Antiaris africana (chechen, antiaris)
20
(49) Tabebuia Donnell-Smithii (copal)
21
(50) Daniellia species (daniellia)
22
(51) Cordia species (cordia wood, bocote, ziricote,
23
louro, freijo)
24
(52) Hymenaea Courbaril (courbaril, West Indian
25
locust)
26
(53) Dipteryx Odorata (cumaru, Brazilian teak)
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(54) Piptadeniastrum Africanum (dahoma)
2
(55) Calycophyllum Candidissimum (dagame, lemonwood)
3
(56) Afzelia species (doussie)
4
(57) Diospyros species (ebony, ceylon ebony,
5
marblewood)
6
(58) Lophira Alata (ekki, azobe, red ironwood)
7
(59) Combretodendron Macrocarpum (esia)
8
(60) Chlorophora Tinctoria, Chlorophora Excelsa
9
(fustic, iroko, African teak)
10
(61) Aucoumea Klaineana (gaboon, okoume)
11
(62) Astronium species (goncalo alves, tigerwood)
12
(63) Ocotea Rodiei (greenheart)
13
(64) Enterolobium Cyclocarpum (guanacaste,
14
elephant-ear tree)
15
(65) Guarea species (guarea, bosse)
16
(66) Phoebe Porosa (imbuia, Brazilian walnut)
17
(67) Handroanthus species (ipe, pau d'arco, lapacho)
18
(68) Jacaranda Copaia (jacaranda)
19
(69) Machaerium Villosum (jacaranda pardo)
20
(70) Dyera Costulata (jelutong)
21
(71) Dryobalanops species (kapur, keladan)
22
(72) Koompassia Malaccensis (kempas)
23
(73) Acacia Koa (koa)
24
(74) Pterygota Macrocarpa (koto, African pterygota)
25
(75) Oxandra Lanceolata (lancewood)
26
(76) Shorea species (lauan, luan, lawaan, meranti,
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seraya, Philippine mahogany, balau)
2
(77) Nothofagus Pumilio, Nothofagus Obliqua (lenga
3
beech, roble)
4
(78) Guaiacum Officinale (roughbark lignum-vitae)
5
(79) Aniba Rosaeodora, Aniba Duckei (pau rosa)
6
(80) Nectandra species (louro preto)
7
(81) Khaya species (African mahogany)
8
(82) Swietenia species (mahogany, West Indian
9
mahogany, Honduran mahogany, Cuban mahogany, big-leaf
10
mahogany)
11
(83) Tieghemella Heckelii (makora)
12
(84) Intsia Bijuga, Intsia Palembanica (Borneo teak,
13
merbau)
14
(85) Anisoptera species (mersawa, krabak, palosapis)
15
(86) Distemonanthus Benthamianus (movingui, ayan)
16
(87) Pterocarpus species (narra, amboyna, Papua New
17
Guinea rosewood, mukula, kosso, zitan, hongmu, padauk,
18
vermillion wood)
19
(88) Palaquium species (nyatoh)
20
(89) Triplochiton Scleroxylon (African whitewood,
21
obeche, sambawawa)
22
(90) Nauclea Diderrichii (opepe)
23
(91) Balfourodendron Riedelianum (marfim)
24
(92) Aspidosperma species (peroba rosa)
25
(93) Paratecoma Peroba (peroba branca)
26
(94) Gonystylus species (ramin)
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(95) Melanorrhoea Curtisii (rengas, Borneo rosewood)
2
(96) Hevea Brasiliensis (rubber tree)
3
(97) Dalbergia species (rosewood, Indian rosewood,
4
Honduras rosewood, cocobolo, granadillo, pinkwood,
5
tulipwood, African blackwood)
6
(98) Entandrophragma cylindricum, Entandrophragma
7
Candollei, Entandrophragma Utile (sapele, sapelli, kosipo,
8
omu, utile, sipo)
9
(99) Acanthopanax Ricinofolius (sen)
10
(100) Brosimum Aubletti, Piratinera (snakewood,
11
letterwood, leopardwood)
12
(101) Juglans species (South American walnut, Peruvian
13
walnut)
14
(102) Sterculia Rhinopetalia (sterculia)
15
(103) Tectona Grandis (teak)
16
(104) Virola species (virola, cumala)
17
(105) Pentacme Contorta (white lauan)
18
(106) Microberlinia species (zebrawood, zingana)
19
"Tropical forest" means a natural ecosystem within the
20
tropical regions, approximately bounded geographically by the
21
tropics of Cancer and Capricorn, but possibly affected by
22
other factors such as prevailing winds, containing native
23
species composition, structure, and ecological function, with
24
a tree canopy cover of more than 10% over an area of at least
25
0.5 hectares. "Tropical forest" includes all of the following:
26
(i) human-managed tropical forests or partially degraded
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tropical forests that are regenerating; and (ii) tropical
2
forests identified by multi-objective conservation-based
3
assessment methodologies, such as High Conservation Value
4
areas (HCV), as defined by the HCV Resource Network, or High
5
Carbon Stock Forests, as defined by the High Carbon Stock
6
Approach, or by another methodology with equivalent or higher
7
standards that includes primary forests and tropical peatlands
8
of any depth. "Tropical forest" does not include plantations
9
of any type.
10
"Tropical hardwood product" means any product that
11
contains tropical hardwood, regardless of whether it is sold
12
at wholesale or retail, including, but not limited to,
13
plywood, veneer, furniture, cabinets, paneling, siding,
14
moldings, doors, doorskins, joinery, flooring, or sawnwood.
15
"Tropical peatland" means tropical wetlands with a layer
16
of peat. "Tropical peatland" includes moors, bogs, mires, and
17
peat swamp forests.
18
"Women-owned business" has the meaning given to that term
19
in Section 2 of the Business Enterprise for Minorities, Women,
20
and Persons with Disabilities Act.
21
Section 60-2.
Purchase of tropical hardwoods prohibited.
22
(a) Except as otherwise provided in this Act, neither the
23
State nor any government agency of the State shall purchase,
24
at wholesale or retail, or obtain for any purpose any tropical
25
hardwood or tropical hardwood product.
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(b) Subsection (a) shall not apply to:
2
(1) any binding contractual obligations for the
3
purchase of commodities entered into prior to issuance of
4
rules as described in Section 60-11; or
5
(2) any grant, subvention, or contract with an agency
6
of the United States or instruction of an authorized
7
representative of any such agency if the inclusion or
8
application of such provisions violates or is inconsistent
9
with the terms or conditions of the grant, subvention,
10
contract, or instruction.
11
Section 60-3.
Use of tropical hardwood or tropical
12
hardwood products prohibited.
13
(a) No bid proposal or solicitation, request for bid or
14
proposal, or contract for the construction of any public work,
15
building maintenance, or improvement for or on behalf of the
16
State or any government agency of the State shall require or
17
permit the use of any tropical hardwood or tropical hardwood
18
product.
19
(b) Every bid proposal, solicitation, request for bid or
20
proposal, and contract for the construction of any public
21
work, building maintenance, or improvement shall contain a
22
statement that any bid, proposal, or other response to a
23
solicitation for bid or proposal which proposes or calls for
24
the use of any tropical hardwood or tropical hardwood product
25
in performance of the contract shall be void.
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1
(c) The use of any tropical hardwood or tropical hardwood
2
product on lands owned or managed by the State or by any
3
governmental agency of the State is prohibited.
4
(d) Subsections (a) and (b) shall not apply to the
5
following:
6
(1) bid packages advertised and made available to the
7
public or any competitive and sealed bids received or
8
entered into prior to issuance of rules as described in
9
Section 60-11;
10
(2) any amendment, modification, or renewal of a
11
contract if the contract was entered into prior to the
12
issuance of rules as described in Section 60-11, and in
13
which such application would delay timely completion of a
14
project or involve an increase in the total moneys to be
15
paid under that contract; or
16
(3) any grant, subvention, contract with any agency of
17
the United States or instruction of an authorized
18
representative of any such agency if the contracting
19
officer finds that the inclusion or application of such
20
provisions violates or is inconsistent with the terms or
21
conditions of a grant, subvention, contract, or
22
instruction.
23
Section 60-4.
Forest-risk commodity procurement.
24
(a) Every contract entered into by a State agency that
25
includes the procurement of any product that consists, in
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1
whole or in part, of a forest-risk commodity shall require the
2
contractor to confirm that the commodity furnished to the
3
State under the contract was not extracted from, grown,
4
derived, harvested, reared, or produced on land where
5
deforestation or forest degradation occurred on or after the
6
date of issuance of the rules adopted under Section 60-11. The
7
contractor shall agree to comply with this provision of the
8
contract.
9
(b) This Section does not apply to any grant, subvention,
10
or contract with an agency of the United States or instruction
11
of an authorized representative of any such agency if the
12
inclusion or application of such provisions violates or is
13
inconsistent with the terms or conditions of the grant,
14
subvention, contractor, or instruction.
15
Section 60-5.
Compliance.
16
(a) Every contract shall specify that the contractor is
17
required to cooperate fully in providing access to the
18
contractor's records, documents, agents, employees, or
19
premises if required by authorized officials of the
20
contracting State agency, Central Management Services, or the
21
Office of the Attorney General to determine the contractor's
22
compliance with the requirements under Section 60-4.
23
(b) Contractors shall exercise due diligence in ensuring
24
that their subcontractors comply with Section 60-4.
25
Contractors shall require each subcontractor to certify in
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1
writing that the subcontractor complies with Section 60-4.
2
Section 60-6.
Required forest policies.
In addition to the
3
requirements of Sections 60-4 and 60-5, large contractors
4
subject to Section 60-4 must confirm that they have adopted a
5
forest policy that complies with the rules issued under
6
paragraph (f) of Section 60-11. The adoption of a forest
7
policy by a contractor, subcontractor, or supplier is not
8
required for compliance with this Section if that entity is
9
not a large contractor, but the adoption of such a policy may
10
be used to demonstrate the entity's compliance with Section
11
60-6. Such a forest policy and all corresponding data shall be
12
made publicly available and shall contain, at a minimum, all
13
of the following:
14
(1) due diligence measures on the point of origin of
15
forest-risk commodities that ensure compliance with the
16
policy where supply chain risks are present;
17
(2) data detailing the complete list of direct and
18
indirect suppliers and supply chain traceability
19
information, including refineries, processing plants,
20
farms, and plantations, and their respective owners,
21
parent companies, and farmers, maps, and geolocations, for
22
each forest-risk commodity found in products that may be
23
furnished to the State;
24
(3) measures to be taken to ensure that the product
25
does not contribute to deforestation or forest
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1
degradation, including measures to ensure:
2
(A) no industrial development or logging in
3
primary forests;
4
(B) no origination from a site where commodity
5
production has replaced primary forests in accordance
6
with this Act;
7
(C) no industrial development of high carbon stock
8
forests;
9
(D) no industrial development of high conservation
10
value areas;
11
(E) no industrial development on forests deemed
12
critical habitat for threatened or endangered species;
13
(F) no burning for the purposes of clearing land
14
for agriculture and cultivation of land for non-wood
15
products regulated by this Act;
16
(G) progressive reductions of greenhouse gas
17
emissions on existing plantations;
18
(H) no development of peat, regardless of depth;
19
(I) best management practices for existing
20
plantations on peat; and
21
(J) where feasible, activities are oriented toward
22
peat restoration; and
23
(4) measures taken to prevent exploitation and redress
24
grievances of Indigenous peoples, workers and local
25
communities, including measures to ensure:
26
(A) respect for and recognition of the rights of
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1
all workers including contract, temporary, and migrant
2
workers;
3
(B) respect for and recognition of land tenure of
4
rights of communities;
5
(C) respect for the rights of Indigenous peoples
6
to give or withhold their free, prior, and informed
7
consent to operations on lands to which they hold
8
legal, communal, or customary rights;
9
(D) explicit policies and processes to prevent
10
violence, intimidation, and coercion of workers and
11
local communities; and
12
(E) formal, open, transparent, and consultative
13
processes to address all complaints and conflicts;
14
(5) measures to be taken to protect biodiversity and
15
prevent the poaching of endangered species in all
16
operations and adjacent areas;
17
(6) measures to be taken to ensure compliance with the
18
laws of countries where forest-risk commodities in a
19
company's supply chain were produced; and
20
(7) measures to deter violence, threats, and
21
harassment against environmental human rights defenders,
22
including respecting internationally recognized human
23
rights standards, and educating employees, contractors,
24
and partners on the rights of EHRDs to express their
25
views, conduct peaceful protests, and criticize practices
26
without intimidation or retaliation.
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Section 60-7.
Stakeholder advisory group.
The Director of
2
Central Management Services shall convene a stakeholder
3
advisory group, which shall be consulted on the creation of
4
rules for the implementation of this Act. Members of the
5
advisory group shall be selected by the Director of Central
6
Management Services and shall consist of at least:
7
(1) representatives of current or former contractors
8
dealing in each of the forest-risk commodities, with an
9
emphasis on small and medium-sized businesses;
10
(2) representatives from civil society with relevant
11
expertise in supply chain traceability, forest
12
sustainability, biodiversity, forest carbon dynamics,
13
natural history, climate science, human and labor rights,
14
and indigenous rights; members selected under this
15
paragraph should be of at least equal number to members
16
selected under paragraph (1); and
17
(3) a minimum of 2 additional representatives from
18
indigenous communities residing within forests covered by
19
this Act.
20
The advisory group shall meet virtually. Membership in the
21
group shall be voluntary, and, therefore, members shall
22
receive no salary or compensation for participation.
23
Section 60-8.
Violations and sanctions.
24
(a) If it is determined that any contractor contracting
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1
with the State knew or should have known that a product that
2
consists, in whole or in part, of a forest-risk commodity was
3
furnished to the State in violation of Sections 60-4, 60-5, or
4
60-6, the contracting State agency shall issue a written
5
notice of violation and provide an opportunity for the
6
contractor to come into compliance with the Act. If, after
7
such notice, a contractor fails to come into compliance with a
8
timeframe established by the Department of Central Management
9
Services after consultation with the advisory group, the
10
contractor may have either one or both of the following
11
sanctions imposed:
12
(1) the contract under which the prohibited
13
forest-risk commodity was furnished may be voided at the
14
option of the State agency to which the commodity was
15
furnished; or
16
(2) the contractor may be assessed a penalty that
17
shall be the greater of $1,000 or an amount equaling 20% of
18
the value of the product that the State agency
19
demonstrates was comprised, in whole or in part, of a
20
forest-risk commodity and furnished to the State in
21
violation of Sections 60-4, 60-5, or 60-6.
22
A hearing or opportunity to be heard shall be provided
23
prior to the assessment of any penalty.
24
(b) Notwithstanding subsection (a), a contractor that
25
complies with Section 60-5 shall not be subject to sanctions
26
for violations if the contractor had no knowledge of the
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1
requirements of Sections 60-4, 60-5, and 60-6, and if the
2
violations were committed solely by a subcontractor. Under
3
this subsection (b), sanctions described under subsection (a)
4
shall instead be imposed against the subcontractor that
5
committed the violation.
6
Section 60-9.
Investigation of violations.
7
(a) Any State agency that investigates a complaint against
8
a contractor or subcontractor for violation of this Act may
9
limit its investigation to evaluating the information provided
10
by the person or entity submitting the complaint and the
11
information provided by the contractor or subcontractor.
12
(b) Whenever a contracting officer of the contracting
13
State agency has reason to believe that the contractor failed
14
to comply with Sections 60-4, 60-5, or 60-6, the State Agency
15
shall refer the matter for investigation to the head of the
16
State agency and, as the head of the State agency determines
17
appropriate, to the Office of the Attorney General, in
18
consultation with the stakeholder advisory group established
19
under Section 60-7.
20
Section 60-10.
Preference for Illinois State products.
21
(a) When a State's agency's contract for the purchase of a
22
commodity or product covered by this Act is to be awarded to
23
the lowest responsible bidder, an otherwise qualified bidder
24
who is a small business, medium-sized business, minority-owned
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1
business, women-owned business, or who will fulfill the
2
contract through the use of Illinois State products may be
3
given preference over other bidders, as long as (i) the
4
product does not contribute to deforestation or forest
5
degradation and (ii) the cost included in the bid is not more
6
than 10% greater than the cost included in a bid that is not
7
from a small business, medium-sized business, minority-owned
8
business, women-owned business, or fulfilled through the use
9
of Illinois State products.
10
(b) This Section shall not apply if the head of the
11
contracting State agency purchasing the products determines
12
that giving preference to bidders under this Section:
13
(1) would be against the public interest;
14
(2) would increase the cost of the contract by an
15
unreasonable amount; or
16
(3) would be impracticable because Illinois State
17
products cannot be obtained in sufficient and reasonable
18
available quantities and of satisfactory quality to meet
19
the contracting State agency's requirements.
20
(c) Nothing in this Section shall be construed to conflict
21
with or otherwise limit the goals and requirements set forth
22
by Article 45 of the Illinois Procurement Code and the
23
Business Enterprise for Minorities, Women, and Persons with
24
Disabilities Act.
25
Section 60-11.
Rules.
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1
(a) The Department of Central Management Services shall
2
facilitate a rule-making process outlined below and issue
3
rules for the implementation of this Act to be completed on or
4
before July 1, 2026. The rules shall be developed in
5
consultation with the stakeholder advisory group established
6
under Section 60-7. The rules shall include, but shall not be
7
limited to, all of the following:
8
(1) Rules establishing a list of forest-risk
9
commodities that are subject to the requirements of this
10
Act, including, but not limited to, beef, cocoa, coffee,
11
leather, palm oil, rubber, soy, and wood and paper
12
products, referring to any product derived from wood,
13
including lumber, pulp, paper, fuel wood, particle board,
14
and cardboard; the list shall be reviewed and updated at
15
least every 4 years by the Department of Central
16
Management Services in consultation with the stakeholder
17
advisory group established under 60-7. When evaluating
18
inclusion of additional commodities in the list, the
19
Director of Central Management Services and the
20
stakeholder advisory group shall consider the impact of
21
the commodity as a driver of deforestation or forest
22
degradation, the state of existing supply chain
23
transparency and traceability systems for the commodity
24
across all the regions from which it is sourced, and the
25
feasibility of including the commodity in the requirements
26
of Section 60-4. The first issuance of rules on or before
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1
July 1, 2026, shall include, but not be limited to, the
2
additional evaluation of bananas; corn; mining products,
3
including bauxite, coal, copper, diamonds, gold, iron,
4
manganese, nickel, petroleum, and tin; and other
5
cattle-derived products. Following review of the list of
6
forest-risk commodities, the Director of Central
7
Management Services shall issue a report to the Governor
8
and the General Assembly outlining the reasons for the
9
inclusion or non-inclusion of any reviewed commodities.
10
(2) Rules establishing a list of products derived, in
11
whole or in part, from forest-risk commodities.
12
(3) Rules establishing a list of products furnished to
13
the State or used by State contractors in high-volume
14
purchases that contain or are comprised in whole or in
15
part of forest-risk commodities.
16
(4) Rules establishing a set of responsible sourcing
17
guidelines and policies derived from best practices in
18
supply chain transparency to the point-of-origin.
19
(5) Rules establishing guidance to assist contractors
20
in identifying forest-risk commodities in their supply
21
chain, performing necessary due diligence to meet the
22
requirements of this Act, and certifying that the
23
commodity did not contribute to deforestation or forest
24
degradation.
25
(6) Rules establishing the full set of requirements
26
for a large contractor's forest policy under Section 60-6.
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1
(7) Rules establishing the process through which
2
contractors shall certify to the Department of Central
3
Management Services that they are in compliance with
4
Sections 60-4, 60-5, and 60-6.
5
(8) Rules establishing a process to ensure that
6
details of certified contracts are made available for
7
public inspection of the website of the Department of
8
Central Management Services.
9
(9) Rules establishing an easily accessible system
10
through which members of the public may make complaints
11
and submit information regarding violations of this Act.
12
(10) Rules establishing an information-sharing system
13
between State Agencies purchasing products subject to the
14
regulations under this Act and the Department of Central
15
Management Services regarding contracts involving
16
purchases of hardwoods and forest-risk commodities after
17
the effective date of this Act.
18
(11) Rules establishing any information-sharing
19
systems with external partners implementing regulations
20
comparable to this Act.
21
(b) The Director of Central Management Services may
22
establish a voluntary certification process for current or
23
aspiring contractors to be recognized as supplying
24
deforestation-free products as a part of the rulemaking
25
process if the Director of Central Management Services, in
26
consultation with the stakeholder advisory group established
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1
under Section 60-7, deems it would be advantageous to the
2
ongoing implementation of this Act. If the Director of Central
3
Management Services, in consultation with the stakeholder
4
advisory group established under Section 60-7, deems it would
5
be advantageous to establish a voluntary certification process
6
for current or aspiring contractors to be recognized as
7
supplying deforestation-free products, certification shall
8
include the following purchase restrictions:
9
(1) that the certification requirements set forth in
10
this Act shall not apply to a purchase of goods of $2,500
11
or less; and
12
(2) that the total amount of goods exempted under
13
paragraph (1) shall not exceed $7,500 per year for each
14
contractor from which a State agency is purchasing goods.
15
It shall be the responsibility of each State agency to
16
monitor the use of this exemption and adhere to these
17
restrictions on these purchases.
18
Section 60-12.
Assessment.
19
(a) At any time after issuance of rules as described in
20
Section 60-11, but no less frequently than every 6 months
21
thereafter, the Director of Central Management Services shall
22
submit to the General Assembly the details of all contracts
23
certified under this Act. The Director of Central Management
24
Services shall assess the compliance of all or a
25
representative subject of all contracts with the requirements
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1
of this Act. Following such assessment, and subject to the
2
approval by a majority of members, the General Assembly may:
3
(1) make recommendations to the Director of Central
4
Management Services regarding changes to the rules
5
implementing this Act; or
6
(2) make recommendations to the Director of Central
7
Management Services, the Office of the Attorney General,
8
the Office of the State Comptroller, or a contracting
9
State agency regarding deficiencies in contract
10
certifications, violations of this Act, or enforcement
11
actions.
12
(b) All work products produced under Section 60-4 shall be
13
made available to the public on the website of the Department
14
of Central Management Services.
15
Section 60-13.
The supply chain transparency assistance
16
program.
17
(a) As used in this Section, "eligible business" means a
18
small business, medium-sized business, minority-owned
19
business, or woman-owned business seeking to comply with the
20
requirements of this Act.
21
(b) In partnership with the Department of Central
22
Management Services, the stakeholder advisory group
23
established under Section 60-7 of this Act is hereby
24
authorized and directed, within one year after the effective
25
date of this Act, to establish, develop, and issue, within
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1
available appropriations, a supply chain transparency
2
assistance program to assist small businesses, medium-sized
3
businesses, and minority-owned and women-owned businesses in
4
achieving supply chains that comply with the requirements of
5
this Act.
6
(c) The purpose of the program developed under this
7
Section is to compile and share resources that:
8
(1) help participating eligible businesses with
9
compliance with supply chain related regulations,
10
procurement standards, or contracting requirements
11
established under this Act; and
12
(2) identify funding streams, grant moneys, financial
13
assistance and other resources that may be available to
14
help participating eligible businesses achieve
15
transparent, traceable, ethical, and sustainable supply
16
chains as it pertains to this Act.
17
(d) The Department of Central Management Services is
18
responsible for publishing the resources compiled by the
19
stakeholder advisory group and facilitating communications
20
between eligible businesses and the stakeholder advisory
21
group.
22
Section 60-14.
Report.
Beginning 2 years after the
23
effective date of this Act and biennially thereafter, the
24
Director of Central Management Services shall issue a report
25
to the State Procurement Task Force, the Governor, and the
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1
General Assembly on the implementation of this Act.
2
Section 60-15.
Applicability.
3
(a) This Act shall apply to all contracts entered into,
4
extended, or renewed on or after issuance of rules as
5
described in Section 60-11.
6
(b) If the Governor or the Director of the Department of
7
Public Health has issued a disaster declaration because of a
8
disaster as defined in Section 4 of the Illinois Emergency
9
Management Act and compliance with all the terms of this Act
10
would be impracticable because critical commodities cannot be
11
obtained in sufficient and reasonable available quantities and
12
of satisfactory quality to meet the contracting State agency's
13
requirements, then the comprehensive requirements of this Act
14
shall be suspended for a period of 60 days beginning the day
15
the disaster declaration, in accordance with which critical
16
commodities regulated by this Act cannot be obtained in
17
sufficient and reasonable available quantities and of
18
satisfactory quality to meet the contracting State agency's
19
requirements.
20
(b) Ongoing suspension of the comprehensive requirements
21
of this Act for terms beyond the initial 60 days must be
22
formally renewed by the Department of Central Management
23
Services and
24
(1) must be dependent upon the existence of an ongoing
25
disaster declaration as defined in Section 4 of the
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1
Illinois Emergency Management Act, and
2
(2) a reality where compliance with all of the terms
3
of this Act would be impracticable because critical
4
commodities cannot be obtained in sufficient and
5
reasonable available quantities and of satisfactory
6
quality to meet the contracting State agency's
7
requirements.
8
Section 99.
Effective date.
This Act takes effect upon
9
becoming law.
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