Bill Text: IL HB5504 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Department of Transportation Law of the Civil Administrative Code of Illinois and the Capital Development Board Act. Requires the Department of Transportation and the Capital Development Board to develop policies regarding maximum acceptable global warming potential for specified eligible materials used in public projects. Provides for review and adjustment of the respective policies. Provides requirements for contractors awarded public project contracts. Requires the Department and the Board to strive to achieve a continuous reduction of greenhouse gas emissions over time. Provides for annual reporting requirements by the Department and the Board. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5504 Detail]

Download: Illinois-2021-HB5504-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5504

Introduced , by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:
20 ILCS 2705/2705-620 new
20 ILCS 3105/21 new

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois and the Capital Development Board Act. Requires the Department of Transportation and the Capital Development Board to develop policies regarding maximum acceptable global warming potential for specified eligible materials used in public projects. Provides for review and adjustment of the respective policies. Provides requirements for contractors awarded public project contracts. Requires the Department and the Board to strive to achieve a continuous reduction of greenhouse gas emissions over time. Provides for annual reporting requirements by the Department and the Board. Defines terms. Effective immediately.
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A BILL FOR

HB5504LRB102 25476 RJF 34764 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by adding
6Section 2705-620 as follows:
7 (20 ILCS 2705/2705-620 new)
8 Sec. 2705-620. Maximum global warming potential for
9materials used in public projects.
10 (a) By January 1, 2025, the Department shall establish a
11policy to determine and record greenhouse gas emissions from
12eligible materials used in a public project with the goal of
13reducing greenhouse gas emissions in accordance with the
14following requirements:
15 (1) the Department shall use the nationally or
16 internationally recognized databases of Environmental
17 Product Declarations and may include
18 transportation-related emissions as part of the global
19 warming potential emissions; and
20 (2) the Department shall develop a tracking and
21 reporting process in a manner that is consistent with
22 criteria in an Environmental Product Declaration. The
23 Department may establish additional subcategories within

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1 each eligible material with distinct maximum global
2 warming potential limits.
3 (b) In establishing the policy pursuant to this Section,
4the Department may consult with any other relevant department
5or division of State government.
6 (c) By January 1, 2027, and every 4 years thereafter, the
7Department shall review the policy created under this Section
8and may adjust the policy to reflect industry conditions. The
9Department shall not adjust the policy for any eligible
10material to be less stringent.
11 (d) For invitation for bids for contracts for public
12projects issued on or after July 1, 2022, the Department shall
13require the contractor who is awarded the contract to submit a
14current Environmental Product Declaration, Type III, as
15defined by the International Organization for Standardization
16Standard 14025:2006, or similarly robust life cycle assessment
17methods that have uniform standards in data collection, for
18each eligible material proposed to be used in the public
19project.
20 (e) For invitation for bids for contracts for public
21projects issued on or after July 1, 2025, the Department shall
22require the contractor who is awarded the contract to submit a
23current Environmental Product Declaration, Type III, as
24defined by the International Organization for Standardization
25Standard 14025:2006, or similarly robust life cycle assessment
26methods that have uniform standards in data collection, as set

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1by policy by the Department for each eligible material
2proposed to be used in the public project.
3 (f) For invitation for bids for contracts for publicly bid
4public projects issued on or after July 1, 2025, the
5Department shall specify the eligible materials that will be
6used in the project based on the policy and reasonable minimum
7usage thresholds for which the requirements of this Section
8shall not apply.
9 (g) A contractor that is awarded a contract for a public
10project shall not install any eligible materials on the
11project until the contractor submits an Environmental Product
12Declaration for that material. The Environmental Product
13Declaration shall be deemed approved if it complies with the
14policy established by the Department under this Section. If an
15Environmental Product Declaration is not available for an
16eligible material, the contractor shall notify the Department
17and install an alternative eligible material with an
18Environmental Product Declaration. If a product meeting the
19policy requirements for a category of eligible materials is
20not reasonably priced or is not available to the contractor on
21a reasonable basis, the Department may waive the requirements
22of this Section for that product.
23 (h) In administering this Section, the Department shall
24strive to achieve a continuous reduction of greenhouse gas
25emissions over time.
26 (i) Beginning in 2026, the Department shall annually

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1present the following information to the Governor and the
2General Assembly:
3 (1) for the presentation in 2026 only, a description
4 of the method that the Department used to develop the
5 policy requirements for each category of eligible
6 materials;
7 (2) what the Department has learned about how to
8 identify and quantify embodied carbon in building
9 materials, including life cycle costs; and
10 (3) any obstacles the Department as well as bidding
11 contractors have encountered in identifying and
12 quantifying embodied carbon in building materials.
13 (j) For purposes of this Section:
14 "Eligible material" means materials used in the
15construction of a public project, including, but not limited
16to: (i) asphalt and asphalt mixtures; (ii) cement and concrete
17mixtures; and (iii) steel.
18 "Public project" means all publicly bid construction
19projects, projects from within the asset management plan, or
20other projects as determined by the Department.
21 Section 10. The Capital Development Board Act is amended
22by adding Section 21 as follows:
23 (20 ILCS 3105/21 new)
24 Sec. 21. Maximum global warming potential for materials

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1used in public projects.
2 (a) By January 1, 2025, the Board shall establish by
3policy a maximum acceptable global warming potential for each
4category of eligible materials used in a public project in
5accordance with the following requirements:
6 (1) The Board shall base the maximum acceptable global
7 warming potential on the industry average of global
8 warming potential emissions for that material. The Board
9 shall determine the industry average by consulting
10 nationally or internationally recognized databases of
11 Environmental Product Declarations and may include
12 transportation-related emissions as part of the global
13 warming potential emissions.
14 (2) The Board shall express the maximum acceptable
15 global warming potential as a number that states the
16 maximum acceptable global warming potential for each
17 category of eligible materials. The global warming
18 potential shall be provided in a manner that is consistent
19 with criteria in an Environmental Product Declaration. The
20 Board may establish additional subcategories within each
21 eligible material with distinct maximum acceptable global
22 warming potential limits. The policy may permit maximum
23 acceptable global warming potential for each material
24 category in the aggregate.
25 (b) In establishing the maximum acceptable global warming
26potential for each category of eligible materials used in a

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1public project, the Board may consult with any other relevant
2department or division of State government.
3 (c) By January 1, 2027, and every 4 years thereafter, the
4Board shall review the maximum acceptable global warming
5potential for each category of eligible materials and may
6adjust the number to reflect industry conditions. The Board
7shall not adjust the number upward for any eligible material.
8 (d) For any solicitation for a contract for the design of a
9public project, a State agency shall require the designer who
10is awarded the contract to include, in project specifications
11when final construction documents are released, a current
12Environmental Product Declaration, Type III, as defined by the
13International Organization for Standardization Standard
1414025:2006, or similarly robust life cycle assessment methods
15that have uniform standards in data collection, as set by
16policy by the Board for each eligible material proposed to be
17used in the public project that meet the maximum acceptable
18global warming potential for each category of eligible
19materials.
20 (e) If a product that meets the maximum acceptable global
21warming potential for a category of eligible materials is not
22reasonably priced or is not available on a reasonable basis at
23the time of design or construction, the Board may waive the
24requirements of this Section for that product.
25 (f) For any solicitation for a contract for a public
26project, a State agency shall specify the eligible materials

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1that will be used in the project and reasonable minimum usage
2thresholds for which the requirements of this Section shall
3not apply. A State agency may include in a specification for
4solicitations for a public project, a global warming potential
5for any eligible material that is lower than the maximum
6acceptable global warming potential for that material as
7determined under this Section.
8 (g) A contractor that is awarded a contract for a public
9project shall not install any eligible materials on the
10project until the contractor submits an Environmental Product
11Declaration for that material. The Environmental Product
12Declaration shall be deemed approved if it complies with the
13original specification required by this Section. If an
14Environmental Product Declaration is not available for an
15eligible material, the contractor shall notify the State
16agency and install an alternative eligible material with an
17Environmental Product Declaration. If a product meeting the
18maximum acceptable global warming potential for a category of
19eligible materials is not reasonably priced or is not
20available to the contractor on a reasonable basis, the State
21agency may waive the requirements of this Section for that
22product. The State agency shall report the waivers it awards
23to the Board.
24 (h) In administering this Section, the Board shall strive
25to achieve a continuous reduction of greenhouse gas emissions
26over time.

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1 (i) Beginning in 2026, the Board shall annually present
2the following information to the Governor and the General
3Assembly:
4 (1) for the presentation in 2026 only, a description
5 of the method that the Board used to develop the maximum
6 acceptable global warming potential for each category of
7 eligible materials;
8 (2) what the Board has learned about how to identify
9 and quantify embodied carbon in building materials,
10 including life cycle costs; and
11 (3) any obstacles the Board as well as bidding
12 contractors have encountered in identifying and
13 quantifying embodied carbon in building materials.
14 (j) For purposes of this Section:
15 "Eligible material" means materials used in the
16construction of a public project, including, but not limited
17to: (i) asphalt and asphalt mixtures; (ii) cement and concrete
18mixtures; (iii) glass; (iv) post-tension steel; (v)
19reinforcing steel; (vi) structural steel; and (vii) wood
20structural elements.
21 "Public project" means any construction, alteration,
22repair, demolition, or improvement of any land, building,
23structure, facility, or other public improvement suitable for
24and intended for use in the promotion of the public health,
25welfare, or safety, but not including any maintenance program
26for the upkeep of a public project or any road, highway, or

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1bridge project.
2 Section 99. Effective date. This Act takes effect upon
3becoming law.
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