1.1                          A bill for an act 
  1.2             relating to the environment; providing direction to 
  1.3             public entities for developing bid specifications and 
  1.4             procurement of commodities and services to promote 
  1.5             recycled materials; amending Minnesota Statutes 2000, 
  1.6             sections 16B.121; 16B.122, subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 16B.121, is 
  1.9   amended to read: 
  1.10     16B.121 [PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE 
  1.11  MATERIALS.] 
  1.12     (a) The commissioner shall take the recycled content and 
  1.13  recyclability of commodities to be purchased into consideration 
  1.14  in bid specifications.  When feasible and when the price of 
  1.15  recycled materials does not exceed the price of nonrecycled 
  1.16  materials by more than ten percent and the recycled material 
  1.17  provides comparable quality and performance, the commissioner, 
  1.18  and state agencies when purchasing under delegated authority, 
  1.19  shall purchase recycled materials.  In order to maximize the 
  1.20  quantity and quality of recycled materials purchased, the 
  1.21  commissioner, and state agencies when purchasing under delegated 
  1.22  authority, may also use other appropriate procedures to acquire 
  1.23  recycled materials at the most economical cost to the state. 
  1.24     When purchasing (b) In writing specifications for the 
  1.25  purchase of commodities and services, and in purchasing those 
  1.26  commodities and services, the commissioner, and state agencies 
  2.1   when purchasing under delegated authority, shall: 
  2.2      (1) incorporate requirements relating to the recyclability 
  2.3   and ultimate disposition of products; 
  2.4      (2) write specifications so as to minimize the amount of 
  2.5   solid waste generated by the state; 
  2.6      (3) apply and promote the preferred waste management 
  2.7   practices listed in section 115A.02, with special emphasis on 
  2.8   reduction of the quantity and toxicity of materials in waste.  
  2.9   The commissioner, and state agencies when purchasing under 
  2.10  delegated authority, in developing bid specifications, shall; 
  2.11     (4) consider the extent to which a commodity or product is 
  2.12  durable, reusable, or recyclable and marketable through the 
  2.13  state resource recovery program and the extent to which the 
  2.14  commodity or product contains postconsumer material; 
  2.15     (5) discourage the purchase of single-use, disposable 
  2.16  products and require, whenever practicable, the purchase of 
  2.17  multiple-use, durable products. 
  2.18     (c) The commissioner, and state agencies when purchasing 
  2.19  under delegated authority, shall amend its procurement 
  2.20  procedures to provide for a reasonable preference for 
  2.21  commodities and services that promote the policies described in 
  2.22  paragraph (b), clauses (1) to (5). 
  2.23     Sec. 2.  Minnesota Statutes 2000, section 16B.122, 
  2.24  subdivision 3, is amended to read: 
  2.25     Subd. 3.  [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding 
  2.26  section 365.37, 375.21, 412.311, or 473.705, a public entity may 
  2.27  shall purchase recycled materials when:  (1) the price of the 
  2.28  recycled materials does not exceed the price of nonrecycled 
  2.29  materials by more than ten five percent; and (2) the recycled 
  2.30  material provides comparable quality and performance.  In order 
  2.31  to maximize the quantity and quality of recycled materials 
  2.32  purchased, a public entity also may use other appropriate 
  2.33  procedures to acquire recycled materials at the most economical 
  2.34  cost to the public entity. 
  2.35     (b) When purchasing In writing specifications for the 
  2.36  purchase of commodities and services, and in purchasing those 
  3.1   commodities and services, a public entity shall: 
  3.2      (1) incorporate requirements relating to the recyclability 
  3.3   and ultimate disposition of products; 
  3.4      (2) write specifications so as to minimize the amount of 
  3.5   solid waste generated by the state; 
  3.6      (3) apply and promote the preferred waste management 
  3.7   practices listed in section 115A.02, with special emphasis on 
  3.8   reduction of the quantity and toxicity of materials in waste.  A 
  3.9   public entity, in developing bid specifications, shall; 
  3.10     (4) consider the extent to which a commodity or product is 
  3.11  durable, reusable, or recyclable and marketable through the 
  3.12  applicable local or regional recycling program and the extent to 
  3.13  which the commodity or product contains postconsumer material; 
  3.14     (5) discourage the purchase of single-use, disposable 
  3.15  products and require, whenever practicable, the purchase of 
  3.16  multiple-use, durable products. 
  3.17     (c) A public entity shall amend its procurement procedures 
  3.18  to provide for a reasonable preference for commodities and 
  3.19  services that promote the policies described in paragraph (b), 
  3.20  clauses (1) to (5).  The commissioner shall monitor and assist 
  3.21  the implementation of these policies and shall provide progress 
  3.22  reports and recommendations for legislative action in the 
  3.23  biennial report required under section 115A.15, subdivision 5.  
  3.24     (d) When a project by a public entity involves the 
  3.25  replacement of carpeting, the public entity may require all 
  3.26  persons who wish to bid on the project to designate a carpet 
  3.27  recycling company in their bids.