SF 1963

1st 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             the commissioner of administration for developing bid 
  1.4             specifications and procurement of commodities and 
  1.5             services to promote recycled materials; amending 
  1.6             Minnesota Statutes 2000, section 16B.121. 
  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 and state agencies shall take the 
  1.13  recycled content and recyclability of commodities to be 
  1.14  purchased into consideration in bid specifications.  When 
  1.15  feasible and when the price of recycled materials does not 
  1.16  exceed the price of nonrecycled materials by more than ten 
  1.17  percent and the recycled material provides comparable quality 
  1.18  and performance, the commissioner, and state agencies when 
  1.19  purchasing under delegated authority, shall purchase recycled 
  1.20  materials.  In order to maximize the quantity and quality of 
  1.21  recycled materials purchased, the commissioner, and state 
  1.22  agencies when purchasing under delegated authority, may also use 
  1.23  other appropriate procedures to acquire recycled materials at 
  1.24  the most economical cost to the state. 
  1.25     (b) By January 18, 2002, the commissioner, in consultation 
  1.26  with the director of the office of environmental assistance, 
  2.1   shall establish sustainability purchasing policies, targets, and 
  2.2   benchmarks for each of the following product areas:  paper 
  2.3   products; building construction products; computers and other 
  2.4   electronic products; cleaning products; coatings; plastic 
  2.5   lumber; general purpose motor vehicles; "clean fuel," including 
  2.6   CNG, E85, LNG, and propane, as those terms are defined in 
  2.7   section 296A.01, B20, consisting of 20 percent biodiesel, 
  2.8   E-Diesel/Oxy-Diesel; office furniture; and other products 
  2.9   considered appropriate by the commissioner and the director. 
  2.10     When purchasing (c) In writing specifications for the 
  2.11  purchase of commodities and services, and in purchasing those 
  2.12  commodities and services, the commissioner, and state agencies 
  2.13  when purchasing under delegated authority, shall, to the extent 
  2.14  practicable: 
  2.15     (1) incorporate requirements relating to the recyclability 
  2.16  and ultimate disposition of products; 
  2.17     (2) write specifications so as to minimize the amount of 
  2.18  solid waste generated by the state; 
  2.19     (3) apply and promote the preferred waste management 
  2.20  practices listed in section 115A.02, with special emphasis on 
  2.21  reduction of the quantity and toxicity of materials in waste.  
  2.22  The commissioner, and state agencies when purchasing under 
  2.23  delegated authority, in developing bid specifications, shall; 
  2.24     (4) consider the extent to which a commodity or product is 
  2.25  durable, reusable, or recyclable and marketable through the 
  2.26  state resource recovery program and the extent to which the 
  2.27  commodity or product contains postconsumer material; and 
  2.28     (5) discourage the purchase of single-use, disposable 
  2.29  products and require, whenever practicable, the purchase of 
  2.30  multiple-use, durable products. 
  2.31     (d) The commissioner, and state agencies when purchasing 
  2.32  under delegated authority, shall provide for a reasonable 
  2.33  preference for commodities and services that promote the 
  2.34  policies described in paragraph (c), clauses (1) to (5).  
  2.35     (e) The commissioner shall rescind the delegated purchasing 
  2.36  authority of an agency or an individual that fails to comply 
  3.1   with the requirements of this section.