[atlas:bill]

AN ACT Relating to recycled product procurement; amending RCW 43.19A.020, 43.19A.030, 43.19A.050, and 43.19A.070; and adding a new section to chapter 43.19A RCW.

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

Sec. 1. RCW 43.19A.020 and 1996 c 198 s 1 are each amended to read as follows:

(1) The USEPA product standards, as now or hereafter amended, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in ((~~(a) and (b) of~~)) this subsection (1) by ((~~the dates indicated~~)) July 1, 1997, unless the ((~~director~~)) state procurement officer finds that a different standard would significantly increase recycled product availability or competition. The products include:

(a) ((~~By July 1, 1997:~~

~~(i)~~)) Paper and paper products;

((~~(ii)~~)) (b) Organic recovered materials; ((~~and~~

~~(iii)~~)) (c) Latex paint products;

((~~(b) By July 1, 1997:~~

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

((~~(ii)~~)) (e) Retread and remanufactured tires;

((~~(iii)~~)) (f) Lubricating oils;

((~~(iv)~~)) (g) Automotive batteries;

((~~(v)~~)) (h) Building insulation;

((~~(vi)~~)) (i) Panelboard; and

((~~(vii)~~)) (j) Compost products.

(2) 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 1998 c 245 s 57 are each amended to read as follows:

(1) By January 1, ((~~1993~~)) 2001, 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~~)) 2002, 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~~)) 2001, and shall submit a description of the strategy to the ((~~department~~)) state procurement officer. All public agencies shall respond to requests for information from the ((~~department~~)) state procurement officer 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 hundred thousand dollars for fiscal year 1989. 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 1996 c 198 s 2 are each amended to read as follows:

The ((~~department~~)) state procurement officer shall prepare a strategy to increase purchases of recycled-content products by the department and all state agencies, including higher education institutions. The strategy shall include purchases from public works contracts. The strategy 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 strategy 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 sixty percent by 1996;

(b) At least seventy percent by 1997;

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

(a) At least forty percent by 1996;

(b) At least sixty percent by 1997;

Sec. 4. RCW 43.19A.070 and 1991 c 297 s 9 are each amended to read as follows:

(1) The department shall implement an education program to encourage maximum procurement of recycled products by state and local government entities. The program shall include at least the following:

(a) Technical assistance to all state and local governments and their designated procurement officers on the requirements of this chapter, including preparation of model purchase contracts, the preparation of procurement plans, and the availability of recycled products;

(b) Two or more workshops annually in which all state and local government entities are invited;

(2) The ((~~director~~)) state procurement officer shall, in consultation with the department of ecology, make available to the public, local jurisdictions, and the private sector, a comprehensive list of substitutes for extremely hazardous, hazardous, toxic, and nonrecyclable products, and disposable products intended for a single use. The department and all state agencies exercising the purchasing authorities of the department shall include the substitute products on bid notifications, except where the department allows an exception based upon product availability, price, suitability for intended use, or similar reasons.

(3) The department shall prepare model procurement guidelines for use by local governments.

NEW SECTION. Sec. 5. A new section is added to chapter 43.19A RCW to read as follows:

The director shall designate a state procurement officer who shall monitor recycled product procurement by the department and state agencies, as defined in RCW 43.19A.010. The responsibilities of this officer include:

(1) Preparing a biennial report to the appropriate standing committees of the legislature on the progress by local governments in implementing this chapter, and the progress by state agencies in recycled product purchasing. The first biennial report shall be made on January 1, 2001. The requirement to make biennial reports under this subsection expires July 1, 2011;

(2) Researching recycled products and recycled product performance. This information shall be used to update the data base created in RCW 43.19A.060 on an annual basis; and

(3) Contacting local procurement officers and working with these officers to review and revise local recycled product purchasing standards and goals to meet or exceed those provided by law.