HF 2047

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  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; providing for certain 
  1.6             environmental requirements; amending Minnesota 
  1.7             Statutes 2000, sections 16B.121; 16B.122, subdivision 
  1.8             2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 16B.121, is 
  1.11  amended to read: 
  1.12     16B.121 [PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE 
  1.13  MATERIALS.] 
  1.14     (a) The commissioner and state agencies shall take the 
  1.15  recycled content and recyclability of commodities to be 
  1.16  purchased into consideration in bid specifications.  When 
  1.17  feasible and when the price of recycled materials does not 
  1.18  exceed the price of nonrecycled materials by more than ten 
  1.19  percent and the recycled material provides comparable quality 
  1.20  and performance, the commissioner, and state agencies when 
  1.21  purchasing under delegated authority, shall purchase recycled 
  1.22  materials.  In order to maximize the quantity and quality of 
  1.23  recycled materials purchased, the commissioner, and state 
  1.24  agencies when purchasing under delegated authority, may also use 
  1.25  other appropriate procedures to acquire recycled materials at 
  1.26  the most economical cost to the state. 
  1.27     When purchasing (b) In writing specifications for the 
  2.1   purchase of commodities and services, and in purchasing those 
  2.2   commodities and services, the commissioner, and state agencies 
  2.3   when purchasing under delegated authority, shall, to the extent 
  2.4   practicable: 
  2.5      (1) incorporate requirements relating to the recyclability 
  2.6   and ultimate disposition of products; 
  2.7      (2) write specifications so as to minimize the amount of 
  2.8   solid waste generated by the state; 
  2.9      (3) apply and promote the preferred waste management 
  2.10  practices listed in section 115A.02, with special emphasis on 
  2.11  reduction of the quantity and toxicity of materials in waste.  
  2.12  The commissioner, and state agencies when purchasing under 
  2.13  delegated authority, in developing bid specifications, shall; 
  2.14     (4) consider the extent to which a commodity or product is 
  2.15  durable, reusable, or recyclable and marketable through the 
  2.16  state resource recovery program and the extent to which the 
  2.17  commodity or product contains postconsumer material; 
  2.18     (5) discourage the purchase of single-use, disposable 
  2.19  products and require, whenever practicable, the purchase of 
  2.20  multiple-use, durable products. 
  2.21     (c) The commissioner, and state agencies when purchasing 
  2.22  under delegated authority, shall provide for a reasonable 
  2.23  preference for commodities and services that promote the 
  2.24  policies described in paragraph (b), clauses (1) to (5). 
  2.25     (d) The commissioner shall rescind the delegated purchasing 
  2.26  authority of an agency or an individual that fails to comply 
  2.27  with the requirements of this section. 
  2.28     Sec. 2.  Minnesota Statutes 2000, section 16B.122, 
  2.29  subdivision 2, is amended to read: 
  2.30     Subd. 2.  [PURCHASES; PRINTING.] (a) Whenever practicable, 
  2.31  a public entity shall:  
  2.32     (1) purchase uncoated office paper and printing paper; 
  2.33     (2) purchase recycled content paper with at least ten 
  2.34  percent postconsumer material by weight; 
  2.35     (3) purchase paper which has not been dyed with colors, 
  2.36  excluding pastel colors; 
  3.1      (4) until July 1, 2004, purchase recycled content paper 
  3.2   that is manufactured using little or no chlorine bleach or 
  3.3   chlorine derivatives; 
  3.4      (5) use no more than two colored inks, standard or 
  3.5   processed, except in formats where they are necessary to convey 
  3.6   meaning; 
  3.7      (6) use reusable binding materials or staples and bind 
  3.8   documents by methods that do not use glue; 
  3.9      (7) use soy-based inks; and 
  3.10     (8) produce reports, publications, and periodicals that are 
  3.11  readily recyclable within the state resource recovery program. 
  3.12     (b) Paragraph (a), clause (1), does not apply to coated 
  3.13  paper that is made with at least 50 percent postconsumer 
  3.14  material. 
  3.15     (c) A public entity shall print documents on both sides of 
  3.16  the paper where commonly accepted publishing practices allow. 
  3.17     (d) Notwithstanding paragraph (a), clause (2), and section 
  3.18  16B.121, copier paper purchased by a state agency must contain 
  3.19  at least ten 30 percent postconsumer material by fiber content. 
  3.20     (e) Beginning July 1, 2004, a state agency shall purchase 
  3.21  paper that is manufactured without chlorine or chlorine 
  3.22  compounds, including but not limited to chlorine dioxide. 
  3.23     [EFFECTIVE DATE.] Paragraph (d) is effective the day 
  3.24  following final enactment.