SB3518sam002 104TH GENERAL ASSEMBLY

Sen. Rachel Ventura

Filed: 4/10/2026

10400SB3518sam002 LRB104 20326 HLH 36461 a

AMENDMENT TO SENATE BILL 3518

AMENDMENT NO. ______. Amend Senate Bill 3518 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Deforestation-Free Illinois Act.

Section 2. Legislative findings.

(a) The General Assembly finds and declares the following:

(1) According to the Food and Agriculture Organization of the United Nations, 31% of land on earth is covered in forests, but that area is rapidly decreasing. An estimated 1,600,000 square miles of forest have been converted to other land uses since 1990, with 42,500 square miles converted annually since 2010.

(2) Studies show that preventing deforestation is among the most cost-effective climate mitigation strategies with large global mitigation benefits. Preventing deforestation is also one of the few large mitigation options that does not risk trade-offs to solving other challenges. On the contrary, it provides co-benefits, such as enhanced health, clean water, and sanitation.

(3) Cost-effective greenhouse gas emission mitigation from forests and land use can provide roughly one-third of the mitigation required by 2030 to hold the increase in the global average temperature below 2 degrees Celsius above pre-industrial levels. Studies also suggest that protecting existing forests and allowing them to mature could potentially store 151.7 gigatons of carbon or about a quarter of the excess carbon emissions since industrialization.

(4) Deforestation and forest degradation generates between 4.3 and 5.5 gigatons of carbon dioxide equivalent emissions annually. This amount is between 7% and 10% of all carbon dioxide equivalent emissions from all sources globally. Emissions associated with deforestation and forest degradation contribute most of the 13% of total anthropogenic carbon dioxide emissions attributed to agriculture.

(5) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found, in 2019, that (i) the rate of global species extinction is accelerating and is now tens to hundreds of times higher than the average rate over the last 10,000,000 years, threatening the loss of 1,000,000 species, and (ii) rampant land-use change has an overwhelming relative impact on terrestrial ecosystems.

(6) Most forest destruction is caused by a few high-risk commodities, including, but not limited to, cocoa, coffee, soy, palm oil, paper, rubber, and foreign cattle products.

(b) The State should endeavor to use and purchase products from supply chains that do not contribute to deforestation, forest degradation, and interrelated human rights abuses.

Section 3. Definitions. As used in this Act:

"Beef" means any product that contains beef as an ingredient.

"Cocoa" means any product that contains chocolate, cocoa, or cocoa butter.

"Contractor" means any person or entity that receives grant moneys from the State or has a contract with a State agency for any of the following:

(1) public works or improvements;

(2) a franchise, concession, or lease of property; or

(3) goods and services or supplies to be purchased at the expense of the State agency or to be paid for out of moneys deposited into the State treasury or out of trust fund moneys that are under the control of or collected by the State agency.

"Deforestation" means direct, human-induced conversion of forest to a tree plantation or other agricultural or non-forest land use.

"Foreign beef" means beef that does not qualify for the voluntary "Product of U.S.A." label under rules adopted by the Food Safety and Inspection Service of the U.S. Department of Agriculture.

"Forest degradation" means changes to forest structure that result from human intervention and negatively impact species composition or natural ecological functions, as indicated by factors, including reductions in carbon storage and other ecosystem services, abundance of native species, or distribution of trees by age class.

"Forest-risk commodity" means:

(1) any commodity, including any agricultural or nonagricultural commodity, whether in raw or processed form, that is commonly extracted from or grown, derived, harvested, reared, or produced on land where deforestation or primary forest or old-growth forest degradation has occurred or is likely to occur; or

(2) any product derived from a product described in paragraph (1).

"Forest-risk commodity" includes cocoa and foreign beef.

"Illinois State product" means:

(1) a product that is grown, harvested, or produced in this State; or

(2) a product that is processed inside or outside of this State comprising over 51%, by weight or volume, raw materials that are grown, harvested, or produced in this State.

"Industrial development" means the processes and operations involved in the large-scale production of goods, including, but not limited to, manufacturing, processing, warehousing, transporting, or repairing. "Industrial development" also means the creation of facilities and transportation infrastructure for these activities, such as power generation, ship building, road development, and waste storage and treatment.

"Large contractor" means any contractor whose annual revenue, or that of its parent company, is equal to or greater than $100,000,000.

"Master contract" has the meaning given to that term in Section 1-15.47 of the Illinois Procurement Code.

"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.

"Old-growth forest" means a forest ecosystem distinguished by old trees and related structural attributes, encompassing the later stages of stand development that typically differ from earlier stages in a variety of characteristics, which may include advanced tree size, accumulations of large dead woody material, multiple canopy layers, later successional species composition, and ecosystem function. In the United States, the attributes of old-growth forests vary depending on forest type, geography and history, but typically contain trees that are over 120 years of age and at least 40 centimeters in diameter.

"Peat" means a soil that is rich in organic matter composed of partially decomposed and decaying plant materials, and comprises 40 centimeters of the top 100 centimeters of the soil profile.

"Peatlands" means wetlands with a layer of peat. "Peatlands" includes moors, bogs, mires, peat swamp forests, and permafrost tundra.

"Primary forest" or "pre-industrial forest" means a forest that has never been disturbed by industrial development or large-scale harvesting and has developed following natural disturbances and under natural processes, regardless of its age. "Primary forest" includes a forest in any geography that has experienced nonindustrial-scale human impacts, including traditional or subsistence activities carried out by indigenous communities.

"Recovered fiber" means postconsumer fiber such as paper, paperboard, and fibrous materials from places including retail stores, office buildings, and homes, after having passed through its 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 waste, 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.

"Small business" has the meaning given to that term in Section 45-45 of the Illinois Procurement Code.

"Tropical forest" means 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 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 hardwood" means any of 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);

(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, 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, brazilian cherry);

(53) Dipteryx Odorata (cumaru, Brazilian teak);

(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, 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);

(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); and

(106) Microberlinia species (zebrawood, zingana).

"Tropical hardwood" does not include wood grown in a tree plantation.

"Tropical hardwood product" means any product that contains tropical hardwood, regardless of whether it is sold at wholesale or retail, including, but not limited to, plywood, veneer, furniture, cabinets, paneling, siding, moldings, doors, doorskins, joinery, flooring, or sawnwood.

"Tropical peatland" means tropical wetlands with a layer of peat. "Tropical peatland" includes moors, bogs, mires, and peat swamp forests.

"Wholly or in part" shall have the meaning given to that term by rule. The term shall be defined in a manner designed to limit the administrative burden on the State while maximizing this Act's effectiveness at preventing deforestation and primary forest and old-growth forest degradation.

"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 4. Purchase of tropical hardwoods prohibited.

(a) Except as otherwise provided, on and after January 1, 2028, neither the State nor any State agency shall allow any person having a contract with the State or with a State agency to purchase, at wholesale or retail, or obtain any tropical hardwood or tropical hardwood product for use in completing a contract with the State or with any State agency.

(b) Subsection (a) shall not apply to:

(1) any binding contractual obligation for the purchase of commodities entered into before January 1, 2028; or

(2) any grant, subvention, or contract with an agency of the United States, or any instruction of an authorized representative of an agency of the United States, if the application of subsection (a) violates or is inconsistent with the terms or conditions of the grant, subvention, contract, or instruction.

(c) Tropical hardwood or tropical hardwood products sourced via a small-scale harvesting operation by indigenous communities on their traditional lands may be exempted from this Section and Section 6 if the extraction rates are demonstrated to be ecologically sustainable. Any exemptions and associated justifications under this subsection (c) shall be posted publicly in the Illinois Procurement Bulletin published by the chief procurement officer appointed pursuant to paragraph (4) of subsection (a) of Section 10-20 of the Illinois Procurement Code.

Section 6. Phase-in of forest-risk commodity procurement.

(a) One year after the effective date of this Act, every master contract entered into by the Department of Central Management Services that includes the procurement of any covered product made, in whole or in part, of a covered forest-risk commodity shall require the contractor to certify that the product furnished to the State under the contract was not extracted from, grown, derived, harvested, reared, or produced on land where deforestation or primary forest or old-growth forest degradation occurred. The contractor shall agree to comply with this provision of the contract.

(b) Two years after the effective date of this Act, 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 primary forest or old-growth forest degradation occurred on or after the effective date of this Act. The contractor shall agree to comply with this provision of the contract.

(c) With respect to a certification for foreign beef that consists wholly or in part of beef that was produced on land in a country where the production of beef is not a direct cause of deforestation or primary or old-growth forest degradation, according to scientific assessments of recent land use trends, the contractor shall be required only to demonstrate that the beef originated in that country.

(d) This Section does not apply to any grant, subvention, or contract with an agency of the United States, or to any instruction of an authorized representative of an agency of the United States, if the application of subsection (a) violates or is inconsistent with the terms or conditions of the grant, subvention, contract, or instruction.

(e) Certified contracts shall be made available for public inspection on the website of the Department of Central Management Services after approval of the contract. The listing must include the identity of the contractor, the contract, the products certified, and the basis for its certification.

Section 7. Compliance.

(a) Every bid and resulting contract award shall specify that the contractor is required to cooperate fully in providing access to the contractor's records, documents, agents, employees, or premises if required by authorized officials of the contracting State agency, the Department of Central Management Services, or the Office of the Attorney General to determine the contractor's compliance with the requirements of this Act.

(b) Contractors shall exercise due diligence in ensuring that their subcontractors comply with Section 6. Contractors shall require each subcontractor to certify in writing that the subcontractor complies with this Act.

Section 8. Required forest policies. In addition to the requirements of Sections 6 and 7, large contractors that are subject to Section 6 must confirm that they have adopted a forest policy that includes, at a minimum, the following for each product covered by this Act:

(1) procedures for identifying and mitigating the risk of deforestation and primary forest and old-growth forest degradation in forest-risk commodity supply chains; and

(2) procedures to ensure compliance with source country laws regarding forest-risk commodity supply chains and respect for national and international human rights standards, including recognized rights of indigenous peoples and local communities; the principle of Free, Prior and Informed Consent; the rights and safety of local environmental and human rights defenders; and the rights of workers.

When a large contractor has received a contract award, the forest policy shall be published with the award notice in addition to information demonstrating implementation of the policy, disaggregated by product and updated at least annually, as well as publicly in the Illinois Procurement Bulletin published by the chief procurement officer appointed pursuant to paragraph (4) of subsection (a) of Section 10-20 of the Illinois Procurement Code.

Section 10. Violations and sanctions.

(a) Within 6 months after the effective date of this Act, each chief procurement officer shall establish an easily accessible system through which members of the public may make complaints and submit information regarding violations of this Act and a mechanism to provide feedback to the person making the complaint or submitting the information on any action that was taken.

(b) If it is determined that any contractor contracting with the State knew or should have known that a product made, wholly or in part, of a forest-risk commodity was furnished to the State in violation of Sections 4, 6, 7, or 8, the contracting State agency shall issue a written notice of violation and provide an opportunity for the contractor to come into compliance with the Act. If, after such notice, a contractor fails to come into compliance within a timeframe established by the Department of Central Management Services and the Capital Development Board, the contractor may have either one or both of the following sanctions imposed:

(1) the contract under which the prohibited forest-risk commodity was furnished may be terminated at the option of the State agency 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 demonstrates was made, wholly or in part, of a forest-risk commodity and furnished to the State in violation of Sections 4, 6, 7, and 8.

A hearing or opportunity to be heard shall be provided prior to the assessment of any penalty.

(c) Notwithstanding subsection (a), a contractor that complies with Section 7 shall not be subject to sanctions for violations if the contractor had no knowledge of the requirements of Sections 4, 6, 7, and 8, and if the violations were committed solely by a subcontractor. In that case, the sanctions described under subsection (a) shall instead be imposed on the subcontractor that committed the violation.

Section 11. Investigation of violations.

(a) Any State agency that investigates a complaint against a contractor or subcontractor for a 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 State agency has reason to believe that the contractor failed to comply with Sections 4, 6, 7, and 8, the State agency may refer the matter for investigation to the Office of the Attorney General.

Section 12. Preference for Illinois State products.

(a) If a contract for the purchase of a commodity or product covered by this Act is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who is a small business, medium-sized business, minority-owned business, 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 (i) the product does not contribute to deforestation or primary forest or old-growth forest degradation and (ii) 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, medium-sized business, minority-owned business, 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 purchasing the products 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) would be impracticable because Illinois products cannot be obtained in sufficient and reasonable available quantities and of satisfactory quality to meet the contracting State agency'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 or the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

Section 14. Assessment. All work products produced under Section 6 shall be made available to the public in the Illinois Procurement Bulletin published by the chief procurement officer appointed pursuant to paragraph (4) of subsection (a) of Section 10-20 of the Illinois Procurement Code.

Section 15. The supply chain transparency assistance program.

(a) As used in this Section, "eligible business" means a small business, medium-sized business, minority-owned business, or women-owned business seeking to comply with the requirements of this Act.

(b) Each chief procurement officer, in consultation with the Business Enterprise Program and the Department of Central Management Services, is hereby authorized and directed, within one year after the effective date of this Act, to establish, develop, and issue, within available appropriations, a supply chain transparency assistance program to assist small businesses, medium-sized businesses, and minority-owned and women-owned businesses in achieving supply chains that comply with the requirements of this Act.

(c) The purpose of the program developed under this Section is to compile and share resources that:

(1) help participating eligible businesses with compliance with supply chain related regulations, procurement standards, or contracting requirements established under this Act; and

(2) identify funding streams, grant moneys, financial assistance and other resources that may be available to help participating eligible businesses achieve transparent, traceable, ethical, and sustainable supply chains as it pertains to this Act.

(d) The Chief Procurement Officer for General Services, the Business Enterprise Program, and the Department of Central Management Services are responsible for publishing the resources compiled by this Act.

Section 16. Report. Beginning 2 years after the effective date of this Act and biennially thereafter, the Director of Central Management Services and the Director of the Capital Development Board shall issue a report to each chief procurement officer appointed pursuant to Section 10-20 of the Illinois Procurement Code, the Governor, and the General Assembly on the implementation of this Act.

Section 17. Applicability.

(a) This Act shall apply to all contracts entered into, extended, or renewed on or after the effective date of the Act.

(b) If the Governor or the Director of the Department of Public Health has issued a disaster declaration because of a disaster, as defined in Section 4 of the Illinois Emergency Management Agency Act, and compliance with the terms of this Act would be impracticable because critical commodities cannot be obtained in sufficient and reasonable available quantities and of satisfactory quality to meet the contracting State agency's requirements, then the comprehensive requirements of this Act shall be suspended for a period of 60 days beginning on the day of the disaster declaration, in accordance with which critical commodities regulated by this Act cannot be obtained in sufficient and reasonable available quantities and of satisfactory quality to meet the contracting State agency's requirements.

(c) Ongoing suspension of the comprehensive requirements of this Act for terms beyond the initial 60 days must be formally renewed by the Department of Central Management Services and

(1) must be dependent upon the existence of an ongoing disaster declaration as defined in Section 4 of the Illinois Emergency Management Agency Act, and

(2) a reality where compliance with all of the terms of this Act would be impracticable because critical commodities cannot be obtained in sufficient and reasonable available quantities and of satisfactory quality to meet the contracting State agency's requirements.

Section 99. Effective date. This Act takes effect upon becoming law.".