HF 2203

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:48pm

A bill for an act
relating to state government; creating the Buy Clean Minnesota Act; requiring
reports; proposing coding for new law in Minnesota Statutes, chapter 16C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [16C.0726] BUY CLEAN MINNESOTA ACT.
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new text begin Subdivision 1. new text end

new text begin Legislative intent. new text end

new text begin The legislature finds and declares the following:
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new text begin (1) climate change will have devastating global impacts;
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new text begin (2) all scientific evidence points to the need for Minnesota and the world to reduce
greenhouse gas emissions to avert the worst effects of climate change. Climate change
impacts are already apparent in Minnesota, where scientists have determined that climate
change is impacting Minnesota's wildlife, plants, water, historic resources, and infrastructure;
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new text begin (3) the legislature has committed to reducing greenhouse gas emissions, through numerous
statutes requiring regulatory and other actions by public agencies;
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new text begin (4) state agencies must take climate change into account in their planning and investment
decisions and employ full life-cycle cost accounting to evaluate and compare infrastructure
investments and alternatives. Full life-cycle cost accounting includes accounting for the
impacts across the life cycle of a product or life-cycle assessment;
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new text begin (5) large quantities of emissions are released during the manufacture and transport of
products used in public infrastructure projects;
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new text begin (6) Minnesota, through its extensive purchasing power, can improve environmental
outcomes and accelerate necessary greenhouse gas reductions to protect public health, the
environment, and conserve a livable climate by incorporating emissions information
throughout the supply chain and product life cycle into procurement decisions, and using
that information to help direct expenditures; and
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new text begin (7) incorporating emissions information will acknowledge those companies that have
invested in emissions reduction technologies and practices. It will encourage other companies
to take action to reduce emissions to become more competitive in Minnesota's bidding
process.
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new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
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new text begin (b) "Awarding authority" means any of the following:
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new text begin (1) the Department of Administration;
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new text begin (2) institutions of higher education, including state colleges and universities and
community and technical colleges;
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new text begin (3) natural resource agencies, including the Department of Natural Resources and the
Pollution Control Agency;
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new text begin (4) any other state governmental entity that receives funding from capital appropriations
for a public works project; and
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new text begin (5) any nonprofit organization receiving funding from capital appropriations for a public
works project.
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new text begin (c) "Department" means the Department of Administration.
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new text begin (d) "Eligible materials" include any of the following:
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new text begin (1) carbon steel rebar;
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new text begin (2) flat glass;
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new text begin (3) mineral wool board insulation;
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new text begin (4) structural steel;
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new text begin (5) cement;
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new text begin (6) structural timber;
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new text begin (7) solar panels;
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new text begin (8) refrigerants in new equipment;
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new text begin (9) aluminum;
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new text begin (10) gypsum; and
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new text begin (11) concrete.
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new text begin (e) "Eligible project" means:
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new text begin (1) a construction project larger than 5,000 gross square feet of occupied or conditioned
space; or
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new text begin (2) a building renovation project when the cost is greater than 50 percent of the assessed
value and the project is larger than 5,000 gross square feet.
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new text begin (f) "Greenhouse gas" has the meaning given in section 216H.01.
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new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin (a) By January 1, 2019, the commissioner shall establish and
publish a maximum acceptable global warming potential for each category of eligible
materials in accordance with both of the following requirements:
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new text begin (1) the commissioner shall set the maximum acceptable global warming potential at the
industry average of facility-specific global warming potential emissions for that material.
The department shall determine the industry average by consulting nationally or
internationally recognized databases of environmental product declaration; and
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new text begin (2) the commissioner shall express the maximum acceptable global warming potential
as a number that states the maximum acceptable facility-specific global warming potential
for each category of eligible materials. The global warming potential shall be provided in
a manner that is consistent with criteria in an environmental product declaration.
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new text begin (b) By January 1, 2020, the commissioner shall submit a report to the legislature that
describes the method that the commissioner used to develop the maximum global warming
potential for each category of eligible materials.
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new text begin (c) By January 1, 2022, and every three years thereafter, the commissioner shall review
the maximum acceptable global warming potential for each category of eligible materials
established pursuant to paragraph (a), and may adjust that number downward for any eligible
material to reflect industry improvements if the commissioner, based on the process described
in paragraph (a), clause (1), determines that the industry average has changed, but the
commissioner may not adjust that number upward for any eligible material. At that time,
the commissioner shall update the requirements to reflect that adjustment.
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new text begin (d) The awarding authorities may amend their fee schedule to accommodate this section.
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new text begin Subd. 4. new text end

new text begin Awarding authority. new text end

new text begin (a) An awarding authority shall require the successful
bidder for a contract described in paragraph (c) to submit a current facility-specific
environmental product declaration, type III, as defined by the international organization for
standardization standard 14025, or similarly robust life-cycle assessment methods that have
uniform standards in data collection consistent with international organization for
standardization standard 14025, industry acceptance, and integrity for each eligible material
proposed to be used.
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new text begin (b) An awarding authority shall include in a specification for bids for an eligible project
that the facility-specific global warming potential for any eligible material does not exceed
the maximum acceptable global warming potential for that material determined pursuant
to subdivision 3. An awarding authority may include in a specification for bids for an eligible
project a facility-specific global warming potential for any eligible material that is lower
than the maximum acceptable global warming potential for that material determined pursuant
to subdivision 3.
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new text begin (c) A successful bidder for a contract described in paragraph (b) may not install any
eligible materials on the project until that bidder submits a facility-specific environmental
product declaration for that material pursuant to paragraph (a).
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new text begin (d) This subdivision applies only to a contract entered into on or after July 1, 2019.
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new text begin Subd. 5. new text end

new text begin Reduction goal. new text end

new text begin In carrying out its duties under this section, an awarding
authority shall strive to achieve a continuous reduction of emissions over time.
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new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 1, 2022, the commissioner shall submit a report to the
chairs and ranking members of the legislative committees on energy and state government
on any obstacles to the implementation of this section, and the effectiveness of this section
to reduce global warming potential.
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new text begin Subd. 7. new text end

new text begin Citation. new text end

new text begin This section may be known and cited as the Buy Clean Minnesota
Act.
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