HF 2204

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

A bill for an act
relating to state government; requiring the commissioner of administration to adopt
a maximum acceptable global warming potential standard for certain projects;
requiring documentation from certain successful bidders related to the standard;
requiring legislative 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.0732] MAXIMUM ACCEPTABLE GLOBAL WARMING
POTENTIAL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the terms in this subdivision have
the meanings given.
new text end

new text begin (1) "Agency" means an agency as defined in section 16B.01, subdivision 2, and includes
the Board of Trustees of the Minnesota State Colleges and Universities and the University
of Minnesota.
new text end

new text begin (2) "Eligible material" means any of the following:
new text end

new text begin (i) carbon steel rebar;
new text end

new text begin (ii) flat glass;
new text end

new text begin (iii) mineral wool board insulation; or
new text end

new text begin (iv) structural steel.
new text end

new text begin (3) "Eligible project" means any building or construction, including highway construction,
that the agency determines will require the use of eligible materials.
new text end

new text begin (4) "Environmental product declaration" means an Environmental Product Declaration,
Type III, as defined by the International Organization for Standardization (ISO) standard
14025, or similarly robust life cycle assessment methods that have uniform standards in
data collection consistent with ISO standard 14025, industry acceptance, and integrity.
new text end

new text begin (5) "Standard" means the maximum acceptable global warming potential standard
established by the commissioner under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Maximum acceptable global warming potential; standard required. new text end

new text begin No
later than January 1, 2021, the commissioner shall establish a maximum acceptable global
warming potential standard for each eligible material. The standard shall be published in
the State Register, the state contracting manual, and on the commissioner's website. Each
standard is subject to the requirements in this subdivision.
new text end

new text begin (1) The commissioner shall set the standard at the industry average of facility-specific
global warming potential emissions for that material with a phase-in period of not more
than two years. The commissioner shall determine the industry average by consulting
recognized databases of environmental product declarations. When determining the industry
averages, the commissioner should include all stages of manufacturing required by the
relevant product category rule; however, when setting the initial industry average, the
commissioner may exclude emissions that occur during fabrication stages and make
reasonable judgments aligned with the product category rule.
new text end

new text begin (2) The commissioner shall express the standard as a number that states the maximum
acceptable facility-specific global warming potential for each category of eligible materials.
The commissioner may set different maximums for different products within each material
type and, when more than one set of product category rules exists for a category or set of
products, may set a different standard for each set of product category rules. The standard
shall be stated in a manner that is consistent with criteria in an environmental product
declaration.
new text end

new text begin Subd. 3. new text end

new text begin Solicitations and submission requirements. new text end

new text begin (a) For contracts entered into on
or after July 1, 2021, an agency shall include in the solicitation for an eligible project that
the facility-specific global warming potential for any eligible material used may not exceed
either:
new text end

new text begin (1) the standard for that material determined under subdivision 2; or
new text end

new text begin (2) a lower standard as specified by the agency.
new text end

new text begin The solicitation must require the successful bidder to submit a current facility-specific
environmental product declaration for each eligible material proposed to be used. The
successful bidder may not install an eligible material on the project until it submits a
facility-specific environmental product declaration for that material.
new text end

new text begin (b) For contracts entered into on or after July 1, 2019, but before January 1, 2020, the
solicitation must request that the successful bidder submit a current facility-specific
environmental product declaration.
new text end

new text begin (c) For contracts entered into on or after January 1, 2020, but before July 1, 2021, the
solicitation must require that the successful bidder submit a current facility-specific
environmental product declaration.
new text end

new text begin (d) Paragraph (a) does not apply to the use of an eligible material for a specific eligible
project if the agency determines, upon written justification published in the State Register
and on its website, that compliance with the standard would be technically infeasible, would
result in a significant increase in the project cost or a significant delay in completion, or
would result in only one source or manufacturer being able to provide the type of material
required.
new text end

new text begin Subd. 4. new text end

new text begin Continuous reduction of emissions; goal. new text end

new text begin In carrying out the duties of this
section, the commissioner and each agency shall strive to achieve a continuous reduction
of emissions over time in the implementation of state contracts.
new text end

new text begin Subd. 5. new text end

new text begin Three-year review of standards. new text end

new text begin No later than January 1, 2024, and every
three years thereafter, the commissioner shall review the standard for each category of
eligible material and may adjust that number downward to reflect industry improvements
if the commissioner, consistent with subdivision 2, determines that the industry average has
changed. The commissioner may not adjust a standard upward. If a standard is changed,
the commissioner shall publish a notice in the State Register and update the information in
the state contracting manual and on the commissioner's website accordingly.
new text end

new text begin Subd. 6. new text end

new text begin Legislative reports. new text end

new text begin The commissioner shall submit reports to the committees
of the legislature with jurisdiction over state government operations and climate change
policy as follows:
new text end

new text begin (1) no later than January 15, 2021, a report describing the method used to develop the
standard for each category of eligible materials pursuant to subdivision 2; and
new text end

new text begin (2) no later than January 15, 2022, a report describing any obstacles to implementation
of this section and the effectiveness of this section in reducing global warming potential in
state contracts.
new text end