Report Title:

Product Procurement Preferences by State Agencies

Description:

Encourages all agencies to purchase locally made recycled-content products and provides procurement preferences to bidders on state agency contracts.

THE SENATE

S.B. NO.

1290

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PRODUCT PROCUREMENT PREFERENCES BY STATE AGENCIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the use of recycled-content and other products made in Hawaii would serve several worthy pursuits. The use of materials with recycled content encourages the diversion of recyclable waste from our limited landfill space and stimulates our economy. Both of these goals are admirable and should be pursued. The legislature finds that the purchasing power of state agencies can positively impact the market for recycled products in Hawaii. Annual reports to the legislature by the Department of Health pursuant to Section 342G-15, Hawaii Revised Statutes, relating to solid waste management, indicate that there is considerable potential for improving the State's purchasing record related to recycled products. Section 103D-1005, Hawaii Revised Statutes, relating to recycled products, encourages the use of recycled products. Section 103D-1007, Hawaii Revised Statutes, relating to preferences to bidders on state agency contracts, allows in-state contractors to use a preference for public works contracts. The purpose of this bill is to create incentives within the procurement code that would support the procurement of recycled products.

SECTION 2. Section 103D-1005, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"§103D-1005 Recycled products.

(b) The state procurement office, with the assistance of the office of solid waste management in the department of health as provided in section 342G-42, shall develop a recycled product procurement program that shall require state purchasing agencies and urge county purchasing agencies to:

(1) Apply preference to the purchase of products with recycled content before purchasing products without any recycled content;

(2) Be consistent with applicable federal specification standards incorporated in Executive Order No. 12873, signed by the President of the United States on October 20, 1993, and any subsequent amendments to that order; [and]

(3) Ensure, to the maximum extent economically feasible, the purchase of materials that may be recycled or reused when discarded, and to avoid the purchase of products deemed environmentally harmful[.]; and

(4) All state agencies shall require all contractors to certify in writing the percentage of post consumer and secondary material in the materials and goods manufactured in Hawaii that are provided or used. This certification shall be furnished under penalty of perjury."

(c) In addition to the requirements for the purchase of office paper and printed material under subsection (e), and when appropriate, purchase specifications shall include, but not be limited to, paper, paper products, nonpaper office products, vehicular and transportation products, parks and recreation products, construction products, glass and glass by-products, plastic products, mulch and soil amendments, tires, batteries, oil, paving materials and base, subbase, and pervious backfill materials. Paving materials to be considered shall include, but are not limited to, asphalt, tires, crushed concrete for base, subbase, and paving materials. The standards and specifications shall provide for the use of recycled materials and shall not reduce the quality standards for highway and road construction. "

SECTION 3. Section 103D-1007, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The preference in this section may not be used in combination with any other preference otherwise available to a bidder under state or federal law[.], except the preferences offered under sections 103D-1002 and 103D-1005."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST