Public Act 0348 98TH GENERAL ASSEMBLY

SB2183 Enrolled LRB098 10589 JDS 40851 b

Public Act 098-0348

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