Bill Text: IL HB3568 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Highway Code. Defines "covered materials" and "environmental product declaration". Provides that by January 1, 2024, the Department of Transportation shall establish a technical advisory committee to assist the Department with the development and implementation of policies and procedure to implement the provisions. Provides that prior to January 1, 2027, the Department may collect environmental product declarations on covered materials on a select number of projects as determined by the technical advisory committee to assess the greenhouse gas emissions attributable to covered materials. Provides that after January 1, 2027, the Department may establish a policy with the goal of reducing greenhouse gas emissions attributable to covered materials the Department uses in the construction and maintenance activities. Limits the Department's ability to use environmental product declarations in determining the lowest responsible bidder or to compare covered materials with different product category rules.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-17 - Referred to Rules Committee [HB3568 Detail]

Download: Illinois-2023-HB3568-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3568 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
605 ILCS 5/4-224 new
Amends the Illinois Highway Code. Defines "covered materials" and "environmental product declaration". Provides that by January 1, 2024, the Department of Transportation shall establish a technical advisory committee to assist the Department with the development and implementation of policies and procedure to implement the provisions. Provides that prior to January 1, 2027, the Department may collect environmental product declarations on covered materials on a select number of projects as determined by the technical advisory committee to assess the greenhouse gas emissions attributable to covered materials. Provides that after January 1, 2027, the Department may establish a policy with the goal of reducing greenhouse gas emissions attributable to covered materials the Department uses in the construction and maintenance activities. Limits the Department's ability to use environmental product declarations in determining the lowest responsible bidder or to compare covered materials with different product category rules.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Highway Code is amended by adding
Section 4-224 as follows:
(605 ILCS 5/4-224 new)
Sec. 4-224. Reduction of greenhouse gas emissions for
materials used in State transportation projects.
(a) As used in this Section:
"Covered materials" includes:
(1) concrete, including ready mix concrete, shotcrete,
precast concrete, and concrete masonry units;
(2) asphalt paving mixtures;
(3) steel, including rebar, reinforcing steel and
structural steel, hot-rolled sections, hollow sections,
plate steel, and cold-formed steel; and
(4) other materials the Department designates by rule
after consultation with the technical advisory committee.
"Environmental product declaration" means a
product-specific label developed in accordance with ISO
Standard 14025 that presents quantified environmental
information on independently verified life cycle assessment
data, life cycle inventory and analysis data, or information

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modules in accordance with the ISO 14040 series of standards.
(b) By January 1, 2024, the Department shall establish a
technical advisory committee to assist the Department with the
development and implementation of policies and procedure to
implement this section. The technical advisory committee shall
include, but need not be limited to, representatives from the
Department representing construction, materials, research, and
districts, the Environmental Protection Agency, trade
associations representing covered materials, construction
firms prequalified in categories using covered materials,
material suppliers certified for covered materials,
environmental organizations, and institutions of higher
education.
The technical advisory committee shall:
(1) recommend construction and maintenance activities
appropriate for the use of environmental product
declarations;
(2) recommend quantities of covered materials
appropriate for the use of environmental product
declarations;
(3) advise to the extent to which environmental
product declarations are available or are in development;
and
(4) advise how to properly analyze or interpret
environmental product declarations.
The technical advisory committee shall be cochaired by a

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Department representative and a trade association
representative.
(c) Prior to January 1, 2027, the Department may collect
environmental product declarations on covered materials on a
select number of projects as determined by the technical
advisory committee to assess the greenhouse gas emissions
attributable to covered materials. This assessment data
collected shall not be evaluated by using industry-wide or
product category rule averages.
(d) After January 1, 2027, the Department may establish a
policy with the goal of reducing greenhouse gas emissions
attributable to covered materials the Department uses in the
construction and maintenance activities for the Department's
transportation system that shall:
(1) require measurement of any reductions of
greenhouse gas emissions of covered materials by the use
of nationally or internationally recognized databases of
environmental product declarations submitted to the
Department after bid opening;
(2) conduct life cycle assessments of a selected set
of the Department's construction and maintenance
activities as determined by the technical advisory
committee;
(3) recognize regional and geographic differences;
(4) devise strategies for reducing greenhouse gas
emissions that include, but are not limited to:

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(A) improving pavement and bridge conditions
through performance testing and asset management;
(B) providing incentives for contractors that
implement innovations with documented and quantifiable
greenhouse gas emission reductions;
(C) increasing sustainability of the covered
materials;
(D) establishing processes to research, develop,
and implement new technologies; and
(E) encouraging best practices.
The Department shall estimate the time required to
implement the greenhouse gas emission reduction strategies,
any associated monetary costs or savings, uncertainties in
data, and analysis on which the strategies are based. The
Department shall develop a tracking and reporting process in a
manner that is consistent with criteria in an environmental
product declaration. The Department may establish additional
subcategories within each eligible material with distinct
maximum global warming potential limits.
(e) The Department shall not use environmental product
declarations in determining the lowest responsible bidder.
(f) The Department shall not use environmental product
declarations to compare covered materials with different
product category rules.