Bill Text: IL HB5117 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Deforestation-Free Procurement Act. Prohibits the State and any governmental agency, political subdivision, or public benefit corporation of the State from purchasing or obtaining for any purpose any tropical hardwoods or tropical hardwood products. Prohibits a 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 and any government agency, political subdivision, or public benefit corporation of the State from requiring or permitting the use of any tropical hardwood or tropical wood product. Provides that every contract entered into by a State agency or authority that includes the procurement of any product comprised of a tropical 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 tropical or boreal deforestation or primary forest degradation occurred on or after January 1, 2022. Sets forth forest policies that large contractors must adopt. Provides for sanctions against a contractor or subcontractor who violates the Act. Requires the Department of Central Management Services to adopt rules to implement the Act. Requires the Director of the Department to submit an assessment to the General Assembly regarding the details of all contracts certified under the Act. Requires the Environmental Protection Agency to complete a study to determine whether the requirements of the Act shall apply to tropical forest-risk commodities originating in boreal forests. Requires the Director to issue a report every 2 years on the implementation of the Act. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-04-29 - Added Co-Sponsor Rep. Margaret Croke [HB5117 Detail]

Download: Illinois-2023-HB5117-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5117 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
New Act
Creates the Deforestation-Free Procurement Act. Prohibits the State and any governmental agency, political subdivision, or public benefit corporation of the State from purchasing or obtaining for any purpose any tropical hardwoods or tropical hardwood products. Prohibits a 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 and any government agency, political subdivision, or public benefit corporation of the State from requiring or permitting the use of any tropical hardwood or tropical wood product. Provides that every contract entered into by a State agency or authority that includes the procurement of any product comprised of a tropical 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 tropical or boreal deforestation or primary forest degradation occurred on or after January 1, 2022. Sets forth forest policies that large contractors must adopt. Provides for sanctions against a contractor or subcontractor who violates the Act. Requires the Department of Central Management Services to adopt rules to implement the Act. Requires the Director of the Department to submit an assessment to the General Assembly regarding the details of all contracts certified under the Act. Requires the Environmental Protection Agency to complete a study to determine whether the requirements of the Act shall apply to tropical forest-risk commodities originating in boreal forests. Requires the Director to issue a report every 2 years on the implementation of the Act. Makes other changes. Effective immediately.
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A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Deforestation-Free Procurement Act.
Section 5. Legislative findings. The General Assembly
finds and declares the following:
(1) Tropical forests cover roughly 7% of Earth's
surface, but harbor close to 50% of all species on Earth.
(2) Boreal forests represent about 30% of the global
forest area, help regulate the climate through the
exchange of energy and water, and are a large reservoir of
biogenic carbon.
(3) It has been estimated that at least 30% of the
world's greenhouse gas emissions come from deforestation
and forest degradation. Taking into account carbon
sequestration potential, experts estimate that stopping
the loss of tropical forests, mangroves, and wetlands will
achieve over 20% of climate mitigation by 2030.
Section 10. Definitions. As used in this Section:
"Boreal countries" include Russia, Canada, the United
States, Finland, Sweden, Norway, Iceland, China, and Japan.

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"Boreal forest" means a forest growing in high-latitude
environments where freezing temperatures occur for 6 to 8
months and in which trees are capable of reaching a minimum
height of 5 meters and a canopy cover of 10%.
"Contractor" means any person or entity that has a
contract with a State agency or authority for public works or
improvements to be performed, for a franchise, concession, or
lease of property, for grant moneys or goods and services or
supplies to be purchased at the expense of the State agency or
authority or to be paid out of moneys deposited into the State
treasury or out of trust moneys under the control of or
collected by the State agency or authority.
"Deforestation" means direct human-induced conversion of
tropical or boreal forests to agriculture, a tree plantation,
or other nonforest land use.
"Forest-risk commodity" means any commodity and its
derived products, including agricultural and nonagricultural
commodities but excluding tropical hardwood and tropical wood
products, whether in raw or processed form, that commodity is
commonly extracted from or grown, derived, harvested, reared,
or produced on land where tropical or boreal deforestation or
intact forest degradation has occurred or is likely to occur.
"Forest-risk commodity" includes palm oil, soy, beef, coffee,
leather, wood pulp, paper, logs, lumber, and any additional
commodities identified as such by the Director of Central
Management Services by rule. "Tropical forest-risk commodity"

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does not include wood pulp or paper made entirely from
recovered fiber.
"Forest-risk commodity" means any commodity and its
derived products, including agricultural and nonagricultural
commodities but excluding tropical hardwood and tropical wood
products, whether in raw or processed form, that commodity is
commonly extracted from or grown, derived, harvested, reared,
or produced on land where tropical or boreal deforestation or
intact forest degradation has occurred or is likely to occur.
"Tropical forest-risk commodity" includes palm oil, soy, beef,
coffee, leather, wood pulp, paper, logs, lumber, and any
additional commodities identified as such by the Director of
Central Management Services by rule. "Tropical forest-risk
commodity" does not include wood pulp or paper made entirely
from recovered fiber.
"Free, prior, and informed consent" means the principle
that a community has the right to give or withhold its consent
to proposed developments that may affect the land and waters
it legally or customarily owns, occupies, or otherwise uses,
as described in the United Nations Declaration on the Rights
of Indigenous Peoples, the Indigenous and Tribal Peoples
Convention of 1989, and other international instruments.
"Free, prior, and informed consent" also means informed,
noncoercive negotiations between investors, companies, or
governments and indigenous peoples and local communities prior
to project development.

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"Illinois State Product" means products that are grown,
harvested, or produced in this State or processed inside or
outside this State comprising over 51% raw materials grown,
harvested, or produced in this State, by weight or volume.
"Intact forest" means a forest that has never been
industrially logged and has developed following natural
disturbances and under natural processes, regardless of its
age. "Intact forest" includes a forest that has experienced
nonindustrial-scale human impacts, including traditional or
subsistence activities carried out by indigenous communities.
"Intact forest degradation" means severe and sustained
degradation of a tropical or boreal forest resulting in
significant intact forest loss or a profound change in species
composition, structure, or ecological function of that forest.
"Large contractor" means any contractor whose annual
revenue, or that of its parent company, is equal to or greater
than $100,000,000.
"Medium-sized business" means a business that operates in
this State, is independently owned and operated, not dominant
in its field, and employs between 100 and 500 persons.
"Minority-owned business" has the meaning given to that
term in Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
"Peat" means a soil that is rich in organic matter
composed of partially decomposed plant materials equal to or
greater than 40 centimeters of the top 100 centimeters of the

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soil.
"Peatlands" means wetlands with a layer of peat made up of
dead and decaying plant material. "Peatlands" includes moors,
bogs, mires, peat swamp forests, and permafrost tundra.
"Point-of-origin" means the geographic location, as
identified by the smallest administrative unit of land, where
a commodity was grown, derived, harvested, reared, or
produced.
"Recovered fiber" means postconsumer fiber such as paper,
paperboard, and fibrous materials from retail stores, office
buildings, and homes, after having passed through their end
usage, including used corrugated boxes, old newspapers, old
magazines, mixed waste paper, tabulating cards, and used
cordage, and all paper, paperboard, and fibrous materials that
enter and are collected from municipal solid waste, and
manufacturing wastes such as dry paper and paperboard waste
generated after completion of the papermaking process,
including envelope cuttings, bindery trimmings, and other
paper and paperboard waste resulting from printing, cutting,
forming, and other converting operations, bag, box, and carton
manufacturing wastes, and butt rolls, mill wrappers, and
rejected unused stock, and repulped finished paper and
paperboard from obsolete inventories of paper and paperboard
manufacturers, merchants, wholesalers, dealers, printers,
converters, and others.
"Secondary material" means any material recovered from or

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otherwise destined for the wastestream, including, but not
limited to, post-consumer material, industrial scrap material
and overstock or obsolete inventories from distributors,
wholesalers and other companies but such term does not include
those materials and by-products generated from, and commonly
reused within, an original manufacturing process.
"Small business" has the meaning given to that term in
Section 45-45 of the Illinois Procurement Code.
"Tropical hardwood" means any and all hardwood,
scientifically classified as angiosperm, that grows in any
tropical forest. "Tropical hardwood" shall include but shall
not be limited to the following species:
(1) Prunus Africana (African cherry, red stinkwood)
(2) Caryocar Costaricense (garlic tree)
(3) Calophyllum species (bintangor)
(4) Cedrela species (cedar, Spanish cedar, South
American cedar)
(5) Neobalanocarpus Heimii (chengal)
(6) Octomeles Sumatrana (Benuang)
(7) Myroxylon Balsamum (balsamo)
(8) Apuleia Leiocarpa (garapa)
(9) Parastemon Urophyllus (malas)
(10) Spicatus Ridley Hopea species (merawan)
(11) Araucaria Araucana (monkey puzzle, Chilean pine)
(12) Senna Siamea (Siamese cassia)
(13) Pometia Pinnata (taun)

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(14) Millettia Leucantha, Millettia Stuhlmannii,
Millettia Laurentii (sathon, panga panga, wenge)
(15) Bulnesia Arborea, Bulnesia Sarmientoi (verawood,
Argentine lignum vitae)
(16) Tristaniopsis Laurina (water gum)
(17) Terminalia species (limba, afara, ofram, idigbo,
framire, black afara, amarillo, nargusta)
(18) Homalium Foetidum (malas)
(19) Dillenia Papuana (dillenia)
(20) Canarium species (red canarium, grey canarium)
(21) Burkrella Macropoda (rang rang)
(22) Dracontomelon Dao (New Guinea walnut)
(23) Planchonella species (white planchonella, red
planchonella)
(24) Lophopetalum species (perupok)
(25) Cariniana Pyriformis (Colombian mahogany, abarco,
jequitiba)
(26) Mitragyna Ciliata (abura)
(27) Vouacapoua Americana (acapu)
(28) Amburana Cearensis (amburana, cerejeira, cumare)
(29) Lovoa species (African walnut, tigerwood)
(30) Pericopsis Elata (afrormosia)
(31) Peltogyne species (amaranth, purpleheart)
(32) Pterogyne Nitens (amendoim)
(33) Carapa Guianensis, Dicorynia Guianensis, Bagassa
Guianensis, Couratari Guianensis (andiroba, angelique,

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tatajuba, bagasse)
(34) Aningeria species (aningeria, anegre, anigre)
(35) Dipterocarpus species (apitong, keruing)
(36) Centrolobium species (arariba)
(37) Brosimum Utile, Brosimum Alicastrum (baco,
breadnut)
(38) Ochroma Lagopus, Ochroma Pyramidale (balsa)
(39) Berlinia species (berlinia, rose zebrano)
(40) Symphonia Globulifera (boarwood)
(41) Detarium Senegalense (boire)
(42) Caesalpinia Echinata, Paubrasilia Echinata
(Brazilwood, pernambuco)
(43) Bertholletia Excelsa (Brazil nut, mora)
(44) Guibourtia species (bubinga, African rosewood,
kevazingo, amazique)
(45) Toona Calantas (calantas)
(46) Prioria copaifera (cativo)
(47) Ceiba Pentandra (ceiba)
(48) Antiaris africana (chechen, antiaris)
(49) Tabebuia Donnell-Smithii (copal)
(50) Daniellia species (daniellia)
(51) Cordia species (cordia wood, bocote, ziricote,
louro, freijo)
(52) Hymenaea Courbaril (courbaril, West Indian
locust)
(53) Dipteryx Odorata (cumaru, Brazilian teak)

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(54) Piptadeniastrum Africanum (dahoma)
(55) Calycophyllum Candidissimum (dagame, lemonwood)
(56) Afzelia species (doussie)
(57) Diospyros species (ebony, ceylon ebony,
marblewood)
(58) Lophira Alata (ekki, azobe, red ironwood)
(59) Combretodendron Macrocarpum (esia)
(60) Chlorophora Tinctoria, Chlorophora Excelsa
(fustic, iroko, African teak)
(61) Aucoumea Klaineana (gaboon, okoume)
(62) Astronium species (goncalo alves, tigerwood)
(63) Ocotea Rodiei (greenheart)
(64) Enterolobium Cyclocarpum (guanacaste,
elephant-ear tree)
(65) Guarea species (guarea, bosse)
(66) Phoebe Porosa (imbuia, Brazilian walnut)
(67) Handroanthus species (ipe, pau d'arco, lapacho)
(68) Jacaranda Copaia (jacaranda)
(69) Machaerium Villosum (jacaranda pardo)
(70) Dyera Costulata (jelutong)
(71) Dryobalanops species (kapur, keladan)
(72) Koompassia Malaccensis (kempas)
(73) Acacia Koa (koa)
(74) Pterygota Macrocarpa (koto, African pterygota)
(75) Oxandra Lanceolata (lancewood)
(76) Shorea species (lauan, luan, lawaan, meranti,

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seraya, Philippine mahogany, balau)
(77) Nothofagus Pumilio, Nothofagus Obliqua (lenga
beech, roble)
(78) Guaiacum Officinale (roughbark lignum-vitae)
(79) Aniba Rosaeodora, Aniba Duckei (pau rosa)
(80) Nectandra species (louro preto)
(81) Khaya species (African mahogany)
(82) Swietenia species (mahogany, West Indian
mahogany, Honduran mahogany, Cuban mahogany, big-leaf
mahogany)
(83) Tieghemella Heckelii (makora)
(84) Intsia Bijuga, Intsia Palembanica (Borneo teak,
merbau)
(85) Anisoptera species (mersawa, krabak, palosapis)
(86) Distemonanthus Benthamianus (movingui, ayan)
(87) Pterocarpus species (narra, amboyna, Papua New
Guinea rosewood, mukula, kosso, zitan, hongmu, padauk,
vermillion wood)
(88) Palaquium species (nyatoh)
(89) Triplochiton Scleroxylon (African whitewood,
obeche, sambawawa)
(90) Nauclea Diderrichii (opepe)
(91) Balfourodendron Riedelianum (marfim)
(92) Aspidosperma species (peroba rosa)
(93) Paratecoma Peroba (peroba branca)
(94) Gonystylus species (ramin)

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(95) Melanorrhoea Curtisii (rengas, Borneo rosewood)
(96) Hevea Brasiliensis (rubber tree)
(97) Dalbergia species (rosewood, Indian rosewood,
Honduras rosewood, cocobolo, granadillo, pinkwood,
tulipwood, African blackwood)
(98) Entandrophragma cylindricum, Entandrophragma
Candollei, Entandrophragma Utile (sapele, sapelli, kosipo,
omu, utile, sipo)
(99) Acanthopanax Ricinofolius (sen)
(100) Brosimum Aubletti, Piratinera (snakewood,
letterwood, leopardwood)
(101) Juglans species (South American walnut, Peruvian
walnut)
(102) Sterculia Rhinopetalia (sterculia)
(103) Tectona Grandis (teak)
(104) Virola species (virola, cumala)
(105) Pentacme Contorta (white lauan)
(106) Microberlinia species (zebrawood, zingana)
"Tropical forest" a natural ecosystem within the tropical
regions, approximately bounded geographically by the tropics
of Cancer and Capricorn, but possibly affected by other
factors such as prevailing winds, containing native species
composition, structure, and ecological function, with a tree
canopy cover of more than 10% over an area of at least 0.5
hectares. "Tropical forest" includes all of the following: (i)
human-managed tropical forests or partially degraded tropical

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forests that are regenerating; and (ii) tropical forests
identified by multi-objective conservation-based assessment
methodologies, such as High Conservation Value areas (HCV), as
defined by the HCV Resource Network, or High Carbon Stock
Forests, as defined by the High Carbon Stock Approach, or by
another methodology with equivalent or higher standards that
includes primary forests and tropical peatlands of any depth.
"Tropical forest" does not include plantations of any type.
(1) human-managed tropical forests or partially
degraded tropical forests that are regenerating; and
(2) forests identified by multiobjective conservation
based assessment methodologies, such as high conservation
value areas, as defined by the High Conservation Value
Resource Network, or high carbon stock forests, as defined
by the High Carbon Stock Approach, or by another
methodology with equivalent or higher standards that
includes primary forests and peatlands of any depth.
"Tropical hardwood product" means any wood product,
wholesale or retail, in any form, including, but not limited
to, plywood, veneer, furniture, cabinets, paneling, siding,
moldings, doors, doorskins, joinery, flooring, or sawnwood,
which are composed, in whole or in part, of tropical hardwood.
"Tropical peatland" means wetlands with a layer of peat
made up of dead and decaying plant material. "Tropical
peatland" includes moors, bogs, mires, and peat swamp forests.
"Tropical forest" does not include plantations of any type.

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"Women-owned business" has the meaning given to that term
in Section 2 of the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act.
Section 15. Purchase of tropical hardwoods prohibited.
(a) Except as otherwise provided, the State and any
governmental agency, political subdivision, or public benefit
corporation of the State shall not purchase or obtain for any
purpose any tropical hardwoods or tropical hardwood products,
wholesale or in retail, in any form.
(b) Subsection (a) shall not apply to:
(1) any binding contractual obligations for purchase
of commodities entered into prior to September 1, 2024; or
(2) any grant, subvention, or contract with an agency
of the United States or instruction of an authorized
representative of any such agency if the inclusion or
application of such provisions violate or are inconsistent
with the terms or conditions of the grant, subvention,
contract, or instruction.
Section 20. Use of tropical hardwood or wood product
prohibited.
(a) 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 and any government agency, political subdivision, or

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public benefit corporation of the State shall require or
permit the use of any tropical hardwood or tropical wood
product.
(b) Every bid proposal, solicitation, request for bid or
proposal, and contract for the construction of any public
work, building maintenance, or improvement shall contain a
statement that any bid, proposal, or other response to a
solicitation for bid or proposal which proposes or calls for
the use of any tropical hardwood or tropical wood product in
performance of the contract shall be void.
(c) Subsections (a) and (b) shall not apply to:
(1) to bid packages advertised and made available to
the public or any competitive and sealed bids received or
entered into prior to September 1, 2024;
(2) to any amendment, modification, or renewal of a
contract, which contract was entered into prior to
September 1, 2024, where such application would delay
timely completion of a project or involve an increase in
the total monies to be paid under that contract; or
(3) to any grant, subvention, or contract with any
agency of the United States or instruction of an
authorized representative of any such agency if the
contracting officer finds that the inclusion or
application of such provisions violate or are inconsistent
with the terms or conditions of a grant, subvention,
contract, or instruction.

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Section 25. Forest-risk commodity procurement.
(a) Every contract entered into by a State agency or
authority that includes the procurement of any product
comprised, 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 tropical or boreal deforestation or intact forest
degradation occurred on or after January 1, 2022. The
contractor shall agree to comply with this provision of the
contract.
(b) This Section shall not apply to any grant, subvention,
or contract with an agency of the United States or instruction
of an authorized representative of any such agency if the
inclusion or application of such provisions violate or are
inconsistent with the terms or conditions of the grant,
subvention, contract, or instruction.
Section 30. Compliance.
(a) Every contract shall specify that the contractor is
required to cooperate fully in providing reasonable access to
the contractor's records, documents, agents, employees, or
premises if reasonably required by authorized officials of the
contracting State agency or authority, the Department of
Central Management Services, the Office of the Attorney

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General, or the Environmental Protection Agency to determine
the contractor's compliance with the requirements under
Section 25.
(b) Contractors shall exercise due diligence in ensuring
that their subcontractors comply with the requirements under
Section 35. Contractors shall require each subcontractor to
certify that the subcontractor is in compliance with the
requirements under Section 25.
Section 35. Required forest policies. In addition to the
requirements of Sections 25 and 30, large contractors subject
to Section 25 must confirm that they have adopted a forest
policy that complies with rules issued under paragraph (6) of
Section 70. The adoption of forest policy by a contractor,
subcontractor, or supplier that is not a large contractor is
not required to comply with this Section but may be used to
demonstrate compliance with Section 25. Such forest policy and
all corresponding data shall be made publicly available, and
shall contain, at a minimum, all of the following:
(1) due diligence measures on the point-of-origin of
forest-risk commodities and ensures compliance with the
policy where supply chain risks are present;
(2) data detailing the complete list of direct and
indirect suppliers and supply chain traceability
information, including refineries, processing plants,
farms, and plantations, and their respective owners,

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parent companies, and farmers, maps, and geolocations, for
each forest-risk commodity found in products that may be
furnished to the State;
(3) measures taken to ensure the product does not
contribute to tropical or boreal deforestation or primary
forest degradation, including:
(A) no development in tropical or boreal primary
forests;
(B) no origination from a site where commodity
production has replaced tropical or boreal primary
forests after January 1, 2023;"
(C) no development of high carbon stock forests;
(D) no development of high conservation value
areas;
(E) no burning;
(F) efforts to ensure progressive reductions of
greenhouse gas emissions on existing plantations;
(G) no development of peat, regardless of depth;
(H) best management practices for existing
plantations on peat; and
(I) where feasible, activities oriented toward
peat restoration;
(4) measures taken to prevent exploitation and redress
grievances of workers and local communities, including:
(A) respect for and recognition of the rights of
all workers including contract, temporary, and migrant

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workers;
(B) respect for and recognition of land tenure
rights of communities;
(C) respect for the rights of indigenous and local
communities to give or withhold their free, prior, and
informed consent to operations on lands to which they
hold legal, communal, or customary rights;
(D) explicit policies and processes to prevent
violence, intimidation, and coercion of workers and
local communities; and
(E) formal, open, transparent, and consultative
processes to address all complaints and conflicts;
(5) measures taken to protect biodiversity and prevent
the poaching of endangered species in all operations and
adjacent areas;
(6) measures taken to ensure compliance with the laws
of countries where forest-risk commodities in a company's
supply chain were produced; and
(7) measures to deter violence, threats, and
harassment against environmental human rights defenders
(EHRDs), including respecting internationally recognized
human rights standards, and educating employees,
contractors, and partners on the rights of EHRDs to
express their views, conduct peaceful protests, and
criticize practices without intimidation or retaliation.

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Section 40. Violations and sanctions.
(a) If it is determined that any contractor contracting
with the State knew or should have known that a product
comprising, in whole or in part, of a forest-risk commodity
was furnished to the State in violation of Sections 25 and 30,
the contracting State agency or authority shall issue a
written notice of violation and provide an opportunity for
such contractor to come into compliance. If, after such
notice, a contractor fails to come into compliance within a
time established by the Department of Central Management
Services, such contractor may have either or both of the
following sanctions imposed:
(1) the contract under which the prohibited
forest-risk commodity was furnished may be voided at the
option of the State agency or authority to which the
commodity was furnished; or
(2) the contractor may be assessed a penalty that
shall be the greater of $1,000 or an amount equaling 20% of
the value of the product that the State agency or
authority demonstrates was comprised, in whole or in part,
of a forest-risk commodity and furnished to the State in
violation of Sections 25 and 30.
A hearing or opportunity to be heard shall be provided
prior to the assessment of any penalty.
(b) Notwithstanding subsection (a), a contractor that has
complied with the Section 30 shall not be subject to sanctions

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for violations, of which the contractor had no knowledge of
the requirements of Sections 25 and 30, that were committed
solely by a subcontractor. Sanctions described under
subsection (a) shall instead be imposed against the
subcontractor that committed the violation.
Section 45. Investigations of violations.
(a) Any State agency or authority that investigates a
complaint against a contractor or subcontractor for violation
of this Act may limit its investigation to evaluating the
information provided by the person or entity submitting the
complaint and the information provided by the contractor or
subcontractor.
(b) Whenever a contracting officer of the contracting
State agency or authority has reason to believe that the
contractor failed to comply with Sections 25 and 30, the State
agency or authority shall refer the matter for investigation
to the head of the State agency or authority and, as the head
of the State agency or authority determines appropriate, to
either the Department of Central Management Services, the
Office of the Attorney General, or the Environmental
Protection Agency.
Section 50. Preference.
(a) When a State agency's or authority's contract for the
purchase of a commodity or product covered by this Act is to be

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awarded to the lowest responsible bidder, an otherwise
qualified bidder who is a small business or medium-sized
business or a minority-owned business or women-owned business,
or who will fulfill the contract through the use of Illinois
State products may be given preference over other bidders, as
long as the cost included in the bid is not more than 10%
greater than the cost included in a bid that is not from a
small business or medium-sized business or a minority-owned
business or women-owned business or fulfilled through the use
of Illinois State products.
(b) This Section shall not apply if the head of the
contracting State agency or authority purchasing such
products, in his or her sole discretion, determines that
giving preference to bidders under this Section:
(1) would be against the public interest;
(2) would increase the cost of the contract by an
unreasonable amount; or
(3) if Illinois State products cannot be obtained in
sufficient and reasonable available quantities and of
satisfactory quality to meet the contracting State
agency's or authority's requirements.
(c) Nothing in this Section shall be construed to conflict
with or otherwise limit the goals and requirements set forth
by Article 45 of the Illinois Procurement Code and the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act.

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Section 55. Purchase restrictions.
(a) The certification requirements set forth in this
Section shall not apply to a purchase of goods of $2,500 or
less.
(b) The total amount of goods exempted under subsection
(a) shall not exceed $7,500 per year for each contractor from
which a State agency or authority is purchasing goods. It
shall be the responsibility of each State agency or authority
to monitor the use of this exemption and adhere to these
restrictions on these purchases.
Section 60. Voluntary certification process. The Director
of Central Management Services shall establish a voluntary
certification process for current or aspiring contractors to
be recognized as supplying deforestation-free products which
shall be consulted on the creation of requirements outlined by
the rules in this Act, and shall exercise an oversight role
under Section 65.
Section 65. Rules. On or before July 1, 2024, the
Department of Central Management Services shall issue rules
for the implementation of this Act. The rules shall be
developed in consultation with the Director of the
Environmental Protection Agency. The rules shall include, but
not be limited to, all of the following:

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(1) a list of forest-risk commodities subject to the
requirements of this Act, including, but not limited to,
palm oil, soy, beef, coffee, leather, wood pulp, paper,
logs, and lumber. The list shall be reviewed and updated
at least every 3 years. When evaluating inclusion of
additional commodities in the list, the Director of
Central Management Services shall consider the impact of
the commodity as a driver of tropical or boreal
deforestation or primary forest degradation, the state of
existing supply chain transparency and traceability
systems for the commodity, and the feasibility of
including the commodity in the requirements of Section 25.
The first review shall include, but not be limited to, the
evaluation of cocoa, rubber, leather, and other
cattle-derived products;
(2) a list of products derived, in whole or in part,
from forest-risk commodities;
(3) a list of products furnished to the State or used
by State contractors in high-volume purchases that contain
or are comprised in whole or in part of forest-risk
commodities;
(4) a set of responsible sourcing guidelines and
policies derived from best practices in supply chain
transparency to the point-of-origin;
(5) guidance to assist contractors in identifying
forest-risk commodities in their supply chain, performing

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necessary due diligence to meet the requirements of this
Act, and certifying that the commodity did not contribute
to tropical or boreal deforestation or primary forest
degradation;
(6) the full set of requirements for a large
contractor's forest policy under Section 35;
(7) the process through which contractors shall
certify to the Department of Central Management Services
that they are in compliance with Sections 25 and 30;
(8) a process for ensuring that details of certified
contracts are made available for public inspection of the
website of the Department of Central Management Services;
and
(9) an easily accessible procedure to receive public
complaints and information regarding violations of this
Act.
Section 70. Assessment.
(a) At any time after January 1, 2025, but no less
frequently than every 6 months thereafter, the Director of
Central Management Services shall submit to the General
Assembly the details of all contracts certified under this
Act. The Director of Central Management Services shall assess
the compliance of all or a representative subset of all
contracts with the requirements of this Act. Following such
assessment, and subject to approval by a majority of members,

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the General Assembly may:
(1) make recommendations to the Director of Central
Management Services regarding changes to the rules
implementing this Act; or
(2) make recommendations to the Director of Central
Management Services, the Office of the Attorney General,
the Office of the State Comptroller, or a contracting
State agency or authority regarding deficiencies in
contract certifications, violations of this Act, or
enforcement actions.
(b) All work products produced under Section 25 shall be
made available to the public on the website of the Department
of Central Management Services.
(c) In completing a study under Section 80, the
Environmental Protection Agency shall consult with
individuals, including academics and experts from
nongovernmental organizations, having expertise in forest
sustainability, biodiversity, and climate science, as well as
representatives of indigenous communities located within
boreal regions, and hold at least one public hearing, and may
base study findings on existing literature.
Section 75. Study.
(a) Not later than June 1, 2025, the Environmental
Protection Agency, in consultation with the Director of
Central Management Services, shall complete a study to

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determine whether the requirements of this Act shall apply to
forest-risk commodities originating in boreal forests.
(b) The study shall examine, but not be limited to, the
following considerations:
(1) the short-term and long-term impact on greenhouse
gas emissions, biodiversity, ecosystem function, and
climate resilience, of clearcutting primary boreal
forests;
(2) the differential impact on greenhouse gas
emissions, biodiversity, ecosystem function, and climate
resilience of clearcutting primary boreal forests versus
previously logged or second-growth forests, within
30-year, 50-year, and 100-year timeframes;
(3) the differential impact on greenhouse gas
emissions, biodiversity, ecosystem function, and climate
resilience of clearcutting primary boreal forests versus
no industrial forest activity, within 30-year, 50-year,
and 100-year timeframes;
(4) the actual carbon storage capacity of various
harvested wood products, and the percentage of logged
boreal biomass in each of the boreal countries that ends
up in long-lasting versus short-term consumable end uses;
(5) the effectiveness of existing available
certification schemes in use in each of the boreal
countries in ensuring compliance with the goals of this
Act;

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(6) an independent assessment of the current
greenhouse gas footprint of the forest products industry
in each of the boreal countries;
(7) an independent assessment of whether current
forest management policies in each of the boreal countries
are sufficient to prevent the forestry industry's role in
the decline of at-risk species;
(8) the effectiveness of the forestry policies of each
of the boreal countries in ensuring the free, prior, and
informed consent of indigenous peoples affected by
industrial logging within the boreal forest; and
(9) the effectiveness of replanting practices in
restoring the ecological benefits of primary boreal
forests that have been logged, and the timescale for
restoring these benefits.
(c) The requirements of this Act shall apply to all
forest-risk commodities unless the Director of the
Environmental Protection Agency and the Director of Central
Management Services have, not later than June 1, 2025, jointly
designated the provisions of this Act inapplicable to
forest-risk commodities originating in boreal forests based on
the results of the study.
Section 80. Applicability. This Act shall apply to all
contracts entered into, extended, or renewed on or after
January 1, 2025.

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Section 95. Report. Beginning 2 years after the effective
date of this Act and biennially thereafter, the Director of
Central Management Services shall issue a report to the
Governor, the Senate President, and the Speaker of the House
of Representatives on the implementation of this Act.