Illinois General Assembly - Full Text of Public Act 098-0348
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Public Act 098-0348


 

Public Act 0348 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0348
 
SB2183 EnrolledLRB098 10589 JDS 40851 b

    AN ACT concerning transportation procurement.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act shall be cited as the
Transportation Sustainability Procurement Program Act.
 
    Section 5. Legislative purpose. It is the purpose of this
Act and the policy of this State to provide the structure and
criteria necessary to ensure that the State processes for
procuring freight, small package delivery, and other forms of
cargo transport and shipping services take into consideration
not only cost and quality, but also vendors' commitment to, and
execution of, best environmental practices.
 
    Section 10. Contracts for the procurement of freight, small
package delivery, and other cargo shipping and transportation
services.
    (a) The State's Chief Procurement Officers shall, in
consultation with the Illinois Environmental Protection
Agency, develop a sustainability program for the State's
procurement of shipping and transportation services for
freight, small package delivery, and other forms of cargo.
    (b) State contracts for the procurement of freight, small
package delivery, and other cargo shipping and transportation
services shall require providers to report, using generally
accepted reporting protocols adopted by the Agency for that
purpose:
        (1) the amount of energy the service provider consumed
    to provide those services to the State and the amount of
    associated greenhouse gas emissions, including energy use
    and greenhouse gases emitted as a result of the provider's
    use of electricity in its facilities;
        (2) the energy use and greenhouse gas emissions by the
    service provider's subcontractors in the performance of
    those services.
    (c) The State's solicitation for the procurement of
freight, small package delivery, and other cargo shipping and
transportation services shall be subject to the Illinois
Procurement Code and shall:
        (1) specify how the bidder will report its energy use
    and associated greenhouse gas emissions under the
    contract; and
        (2) call for bidders to disclose in their responses to
    the solicitation:
            (A) measures they use to reduce vehicle engine
        idling;
            (B) their use of multi-modal transportation, such
        as rail, trucks, or air transport, and how the use of
        those types of transportation is anticipated to reduce
        costs for the State;
            (C) the extent of their use of (i) cleaner, less
        expensive fuels as an alternative to petroleum or (ii)
        more efficient vehicle propulsion systems;
            (D) the level of transparency of the provider's
        reporting under subsection (b), and what independent
        verification and assurance measures exist for this
        reporting;
            (E) their use of speed governors on heavy trucks;
            (F) their use of recyclable packaging;
            (G) measures of their network efficiency,
        including the in-vehicle use of telematics or other
        related technologies that provide for improved vehicle
        and network optimization and efficiencies;
            (H) their energy intensity per unit of output
        delivered;
            (I) how they will advance the environmental goals
        of the State; and
            (J) opportunities to effectively neutralize the
        greenhouse gas emissions reported under subsection
        (b).
    (d) In selecting providers for such services, the State, as
part of a best value analysis of the responses to the State's
solicitation:
        (1) shall give appropriate weight to the disclosures in
    subdivision (c)(2) of this Section;
        (2) shall give appropriate weight to the price and
    quality of the services being offered; and
        (3) may accept from the service provider an optional
    offer at a reasonable cost of carbon neutral shipping in
    which the provider calculates the direct and indirect
    greenhouse gas emissions of the provider that are specified
    under subsection (b) above, and obtains independently
    verified carbon credits to offset those emissions and then
    retires the carbon credits.
    (e) The Chief Procurement Officer identified under item (5)
of Section 1-15.15 of the Illinois Procurement Code shall adopt
rules to encourage all State agencies to use the least costly
level of service or mode of transport (while distinguishing
between express or air versus ground delivery) that can achieve
on-time delivery for the product being transported and
delivered.
 
    Section 90. The Illinois Procurement Code is amended by
adding Section 20-165 as follows:
 
    (30 ILCS 500/20-165 new)
    Sec. 20-165. Compliance with Transportation Sustainability
Procurement Program Act. When procuring freight, small package
delivery, and other forms of cargo shipping and transportation
services, appropriate weight shall be given to the requirements
of the Transportation Sustainability Procurement Program Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2013