BP BHEAD INT S

AN ACT Relating to promoting the recycled content of products and buildings; amending RCW 43.19A.020, 43.19A.030, 43.19A.050, 43.78.170, 43.19A.090, 43.19A.100, 47.28.220, and 43.19A.110; and adding new sections to chapter 39.04 RCW.

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

Sec. 1. RCW 43.19A.020 and 1991 c 297 s 3 are each amended to read as follows:

(1) The director shall adopt standards specifying the minimum content of recycled materials in products or product categories. The standards shall:

(a) Be consistent with the USEPA product standards, unless the director finds that a different standard would significantly increase recycled product availability or competition;

(b) Consider the standards of other states, to encourage consistency of manufacturing standards;

(d) Address specific products or classes of products; and

(e) Consider postconsumer waste content and the recyclability of the product.

(2) The director shall consult with the supply management board and department of ecology prior to adopting the recycled content standards.

(3) The director shall adopt recycled content standards for at least the following products by the dates indicated:

(a) By July 1, ((~~1992~~)) 1996:

(i) Paper and paper products;

(ii) Organic recovered materials; and

(iii) Latex paint products;

(b) By July 1, ((~~1993~~)) 1996:

(i) Products for lower value uses containing recycled plastics;

(ii) Retread and remanufactured tires;

(iii) Lubricating oils;

(iv) Automotive batteries; ((~~and~~))

(v) Building insulation; and

(vi) Panelboard.

(4) The standards required by this section shall be applied to recycled product purchasing by the department and other state agencies. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.

Sec. 2. RCW 43.19A.030 and 1991 c 297 s 4 are each amended to read as follows:

(1) By January 1, ((~~1993~~)) 1997, each local government shall review its existing procurement policies and specifications to determine whether recycled products are intentionally or unintentionally excluded. The policies and specifications shall be revised to include such products unless a recycled content product does not meet an established performance standard of the agency.

(2) By fiscal year ((~~1994~~)) 1997, each local government shall adopt a minimum purchasing goal for recycled content as a percentage of the total dollar value of supplies purchased. To assist in achieving this goal each local government shall adopt a strategy by January 1, ((~~1993~~)) 1996, and shall submit a description of the strategy to the department. The department shall report to the appropriate standing committees of the legislature by October 1, ((~~1993~~)) 1996, on the progress of implementation by local governments, and shall thereafter ((~~periodically~~)) annually report on the progress of recycled product purchasing by state and other public agencies. All public agencies shall respond to requests for information from the department for the purpose of its reporting requirements under this section.

(3) Each local government shall designate a procurement officer who shall serve as the primary contact with the department for compliance with the requirements of this chapter.

(4) This section shall apply only to local governments with expenditures for supplies exceeding ((~~five~~)) three hundred thousand dollars for fiscal year ((~~1989~~)) 1994. Expenditures for capital goods and for electricity, water, or gas for resale shall not be considered a supply expenditure.

Sec. 3. RCW 43.19A.050 and 1991 c 297 s 7 are each amended to read as follows:

The department shall prepare a mandatory state plan to increase purchases of recycled-content products by the department and all state agencies, including higher education institutions. The plan shall include purchases from public works contracts. The plan shall address the purchase of plastic products, retread and remanufactured tires, motor vehicle lubricants, latex paint, and lead acid batteries having recycled content. In addition, the plan shall incorporate actions to achieve the following purchase level goals of recycled content paper and compost products:

(1) Paper products as a percentage of the total dollar amount purchased on an annual basis:

(a) At least ((~~forty~~)) sixty percent by ((~~1993~~)) 1995;

(b) At least ((~~fifty~~)) seventy percent by ((~~1994~~)) 1996;

(2) Compost products as a percentage of the total dollar amount on an annual basis:

(a) At least ((~~twenty-five~~)) forty percent by ((~~1993~~)) 1995;

(b) At least ((~~forty~~)) sixty percent by ((~~1995~~)) 1997;

Sec. 4. RCW 43.78.170 and 1991 c 297 s 10 are each amended to read as follows:

The public printer shall take all actions consistent with the plan under RCW 43.19A.050 to ensure that seventy-five percent or more of the total dollar amount of printing paper stock used by the printer is recycled content paper by January 1, ((~~1995~~)) 1996, and ninety percent or more of the total dollar amount of printing paper stock used by the printer is recycled content paper by January 1, 1998.

Sec. 5. RCW 43.19A.090 and 1991 c 297 s 12 are each amended to read as follows:

(1) After July 1, ((~~1992~~)) 1996, vendors shall certify the percentage of recycled content in products sold to state and local governments, including the percentage of postconsumer waste that is in the product. The certification shall be in the form of a label on the product or a statement by the vendor attached to the bid documents.

(2) The certification on multicomponent or multimaterial products shall verify the percentage and type of postconsumer waste and recycled content by volume contained in the major constituents of the product.

(3) The procuring agency may state in bid solicitations that permission to verify the certification by review of the bidder or manufacturer's records must be granted as a condition of the bid award, in the event of a bidder's protest or other challenge to the bid accepted.

(4) The department shall adopt rules by May 1, ((~~1992~~)) 1996, describing the contents of the certification required by this section.

Sec. 6. RCW 43.19A.100 and 1991 c 297 s 13 are each amended to read as follows:

(1) The department shall increase the procurement of compost products for all state facilities and grounds that require landscaping or similar work. The department shall survey available vendors and state facilities for which such products are suitable, and attempt to match such supplies and need to lower transportation and other costs. The department shall consider and implement modification of performance standards where appropriate to achieve greater procurement of compost products.

(2) Beginning July 1, ((~~1992~~)) 1996, the total of department contracts awarded in whole or in part for the purchase of landscaping materials or soil amendments shall include compost products as follows:

(a) For the period July 1, ((~~1992~~)) 1996, through June 30, ((~~1994~~)) 1998, twenty-five percent of the total dollar amount of purchases; and

(b) On and after July 1, ((~~1994~~)) 1998, fifty percent of the total annual dollar amount of purchases.

Sec. 7. RCW 47.28.220 and 1992 c 174 s 14 are each amended to read as follows:

(1) A contract awarded in whole or in part for the purchase of compost products as a soil cover or soil amendment to state highway rights of way shall specify that compost products be purchased in accordance with the following schedule:

(a) For the period July 1, ((~~1991~~)) 1995, through June 30, ((~~1993~~)) 1997, twenty-five percent of the total dollar amount purchased;

(b) For the period July 1, ((~~1993~~)) 1997, through June 30, ((~~1995~~)) 1999, fifty percent of the total dollar amount purchased. The percentages in this subsection apply ((~~only~~)) to the materials' value((,)) and ((~~do not~~)) include services or other materials.

(2) In order to carry out the provisions of this section, the department of transportation shall develop and adopt bid specifications for compost products used in state highway construction projects.

(3)(a) For purposes of this section, "compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of biosolids or cellulose-containing waste materials.

(b) For purposes of this section, "biosolids" means municipal sewage sludge or septic tank septage sludge that meets the requirements of chapter 70.95J RCW.

Sec. 8. RCW 43.19A.110 and 1991 c 297 s 17 are each amended to read as follows:

(1) Each county and city required to prepare a strategy under RCW 43.19A.030 shall adopt specifications for compost products to be used in road projects. The specifications developed by the department of transportation under RCW 47.28.220 may be adopted by the city or county in lieu of developing specifications.

(2) After July 1, ((~~1992~~)) 1996, any contract awarded in whole or in part for applying soils, soil covers, or soil amendments to road rights of way shall specify that compost materials be purchased in accordance with the following schedule:

(a) For the period July 1, ((~~1992~~)) 1996, through June 30, ((~~1994~~)) 1998, at least twenty-five percent of the total dollar amount of purchases by the city or county;

(b) On and after July 1, ((~~1994~~)) 1998, at least fifty percent of the annual total dollar amount of purchases by the city or county.

(3) The city or county may depart from the schedule in subsection (2) of this section where it determines that no suitable product is available at a reasonable price.

NEW SECTION. Sec. 9. A new section is added to chapter 39.04 RCW to read as follows:

(1) All state construction, renovation, remodeling, or demolition contracts exceeding five hundred thousand dollars shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all state construction, renovation, remodeling, or demolition contracts exceeding five hundred thousand dollars, or subsequent limits established by the office of financial management.

(2) Beginning July 1, 1997, and on July 1st of each succeeding odd-numbered year, the dollar limit specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.

(3) A bid may be discounted up to ten percent of the total bid price if the bid uses recycled materials. The amount of the discount shall be based on the specifications and rules adopted under RCW 43.19.538(1) for preferential purchase of products containing recycled material.

(4) Except as provided for in section 10 of this act, state contracts for construction, renovation, remodeling, or demolition projects exceeding five hundred thousand dollars shall be awarded to the lowest bidder, after any discount.

(5) This section does not apply to contracts entered into by a municipality.

NEW SECTION. Sec. 10. A new section is added to chapter 39.04 RCW to read as follows:

In awarding a demolition contract, the state shall pay up to an additional ten percent if the contract provides for recycling of debris rather than disposal in a landfill. If the cost to recycle the debris is more than ten percent above the cost of disposal in a landfill, the contractor shall dispose of debris in the normal manner, and the bid shall be awarded in accordance with section 9 of this act.