SF 3006

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; requiring certain 
  1.3             purchases of products with recovered materials; 
  1.4             requiring the commissioner of administration to 
  1.5             establish a process for consideration of environmental 
  1.6             factors in state purchasing; amending Minnesota 
  1.7             Statutes 1998, sections 16B.121; and 16B.122, 
  1.8             subdivisions 1 and 2; proposing coding for new law in 
  1.9             Minnesota Statutes, chapter 16C. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 16B.121, is 
  1.12  amended to read: 
  1.13     16B.121 [PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE 
  1.14  MATERIALS.] 
  1.15     The commissioner shall take the recycled content and 
  1.16  recyclability of commodities to be purchased into consideration 
  1.17  in bid specifications.  When feasible and when the price of 
  1.18  recycled materials does not exceed the price of nonrecycled 
  1.19  materials by more than ten percent, the commissioner, and state 
  1.20  agencies when purchasing under delegated authority, shall 
  1.21  purchase recycled materials.  In order to maximize the quantity 
  1.22  and quality of recycled materials purchased, the commissioner, 
  1.23  and state agencies when purchasing under delegated authority, 
  1.24  may also use other appropriate procedures to acquire recycled 
  1.25  materials at the most economical cost to the state. 
  1.26     When purchasing commodities and services, the commissioner, 
  1.27  and state agencies when purchasing under delegated authority, 
  2.1   shall apply and promote the preferred waste management practices 
  2.2   listed in section 115A.02, with special emphasis on reduction of 
  2.3   the quantity and toxicity of materials in waste.  The 
  2.4   commissioner, and state agencies when purchasing under delegated 
  2.5   authority, in developing bid specifications, shall consider the 
  2.6   extent to which a commodity or product is durable, reusable, or 
  2.7   recyclable and marketable through the state resource recovery 
  2.8   program and the extent to which the commodity or product 
  2.9   contains postconsumer material. 
  2.10     Sec. 2.  Minnesota Statutes 1998, section 16B.122, 
  2.11  subdivision 1, is amended to read: 
  2.12     Subdivision 1.  [DEFINITIONS.] The definitions in this 
  2.13  subdivision apply to this section. 
  2.14     (a) "Copier paper" means paper purchased for use in copying 
  2.15  machines. 
  2.16     (b) "Office paper" means notepads, loose-leaf fillers, 
  2.17  tablets, and other paper commonly used in offices. 
  2.18     (c) "Postconsumer material" means a finished material that 
  2.19  would normally be discarded as a solid waste, having completed 
  2.20  its life cycle as a consumer item. 
  2.21     (d) "Practicable" means capable of being used, consistent 
  2.22  with performance, in accordance with applicable specifications, 
  2.23  and availability within a reasonable time. 
  2.24     (e) "Printing paper" means paper designed for printing, 
  2.25  other than newsprint, such as offset and publication paper. 
  2.26     (f) (b) "Public entity" means the state, an office, agency, 
  2.27  or institution of the state, the metropolitan council, a 
  2.28  metropolitan agency, the metropolitan mosquito control district, 
  2.29  the legislature, the courts, a county, a statutory or home rule 
  2.30  charter city, a town, a school district, another special taxing 
  2.31  district, or any contractor acting pursuant to a contract with a 
  2.32  public entity. 
  2.33     (g) (c) "Soy-based ink" means printing ink made from soy 
  2.34  oil. 
  2.35     (h) "Uncoated" means not coated with plastic, clay, or 
  2.36  other material used to create a glossy finish. 
  3.1      Sec. 3.  Minnesota Statutes 1998, section 16B.122, 
  3.2   subdivision 2, is amended to read: 
  3.3      Subd. 2.  [PURCHASES; PRINTING.] (a) Whenever practicable, 
  3.4   a public entity shall:  
  3.5      (1) purchase uncoated office paper and printing paper; 
  3.6      (2) purchase recycled content paper with at least ten 
  3.7   percent postconsumer material by weight; 
  3.8      (3) purchase paper which has not been dyed with colors, 
  3.9   excluding pastel colors; 
  3.10     (4) purchase recycled content paper that is manufactured 
  3.11  using little or no chlorine bleach or chlorine derivatives; and 
  3.12     (5) use no more than two colored inks, standard or 
  3.13  processed, except in formats where they are necessary to convey 
  3.14  meaning; 
  3.15     (6) use reusable binding materials or staples and bind 
  3.16  documents by methods that do not use glue; 
  3.17     (7) (2) use soy-based inks; and 
  3.18     (8) produce reports, publications, and periodicals that are 
  3.19  readily recyclable within the state resource recovery program. 
  3.20     (b) Paragraph (a), clause (1), does not apply to coated 
  3.21  paper that is made with at least 50 percent postconsumer 
  3.22  material. 
  3.23     (c) A public entity shall print documents on both sides of 
  3.24  the paper where commonly accepted publishing practices allow. 
  3.25     (d) Notwithstanding paragraph (a), clause (2), and section 
  3.26  16B.121, copier paper purchased by a state agency must contain 
  3.27  at least ten percent postconsumer material by fiber content. 
  3.28     Sec. 4.  [16C.125] [ENVIRONMENTAL CONSIDERATIONS.] 
  3.29     Subdivision 1.  [RECOVERED MATERIALS.] When the 
  3.30  commissioner or an agency to whom the commissioner has delegated 
  3.31  contracting authority is acquiring a product designated by the 
  3.32  United States Environmental Protection Agency in its 
  3.33  Comprehensive Procurement Guidelines (CPG), the levels of 
  3.34  recovered materials and postconsumer content designated in the 
  3.35  CPG, as amended, must be the minimum standard for state 
  3.36  purchases.  An exception may be made to this requirement if the 
  4.1   commissioner or the commissioner of the agency to whom the 
  4.2   commissioner has delegated contracting authority determines with 
  4.3   respect to a specific designated item that: 
  4.4      (1) the price of an item made with recovered materials is 
  4.5   unreasonably high; 
  4.6      (2) there are not enough suppliers of the item to ensure 
  4.7   adequate competition; 
  4.8      (3) unusual and unreasonable delays would result from 
  4.9   obtaining the item; or 
  4.10     (4) the item does not meet the agency's reasonable 
  4.11  performance standards. 
  4.12     Subd. 2.  [ENVIRONMENTAL CONSIDERATIONS.] The commissioner 
  4.13  shall establish a process for examining the feasibility and 
  4.14  desirability of considering environmental factors when 
  4.15  purchasing different categories of products.  The process must 
  4.16  involve consultation with representatives of environmental 
  4.17  organizations, state agencies, and representatives of affected 
  4.18  industries.