[atlas:bill]

AN ACT Relating to increasing the purchase of Washington grown or raised agricultural products; adding a new chapter to Title 43 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. It is the purpose of this chapter to:

(1) Substantially increase the procurement of Washington grown or raised agricultural products by all local and state governmental agencies and public schools, and encourage a comparable commitment by Washington state citizens and businesses in their purchasing practices;

(2) Target government procurement policies and goals toward those Washington grown or raised agricultural products for which there are significant market development needs or that may substantially contribute to increasing the economic viability of the state's agricultural industry;

(3) Provide the authority for all governmental agencies to adopt preferential purchasing policies for Washington grown or raised agricultural products;

(4) Direct state agencies to develop strategies to increase purchases of Washington grown or raised agricultural products, and provide specific goals for procurement of these products; and

(5) Provide guidance and direction for local governments and other public agencies to develop plans for increasing the procurement of Washington grown or raised agricultural products.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Agricultural products" means any horticultural, viticultural, dairy, livestock, fish, poultry, poultry product, bee, grain, and farm products that are grown or raised in Washington.

(2) "Department" means the department of general administration.

(3) "Director" means the director of the department of general administration.

(4) "Local government" means a city, town, county, special purpose district, school district, or other municipal corporation.

(5) "Procurement officer" means the person that has the primary responsibility for procurement of materials or products.

(6) "State agency" means all units of state government, including divisions of the governor's office, the legislature, the judiciary, state agencies and departments, correctional institutions, vocational-technical institutions, and universities and colleges.

NEW SECTION. Sec. 3. A state agency, when purchasing agricultural products:

(1) Must purchase products grown or raised in Washington state when the products are readily available and can be delivered in time for its intended purpose;

(2) May, when Washington state agricultural products are not available, buy agricultural products grown or raised in the United States; and

(3) May only purchase agricultural products grown or raised outside the United States when products grown, raised, or produced in Washington state or the United States are not available.

NEW SECTION. Sec. 4. (1) By July 1, 2003, state agencies must comply with section 3 of this act. State agencies that fail to comply shall be issued a warning by the department and provided ninety days to bring their purchasing policies into compliance. After this warning, the department may issue a penalty of up to ten thousand dollars for each additional violation.

(2) The department shall develop a data base of available agricultural products grown or raised in Washington state, and vendors supplying those products.

NEW SECTION. Sec. 5. (1) By January 1, 2003, each local government shall review its existing procurement policies and specifications to determine whether Washington grown or raised agricultural products are excluded. The policies and specifications shall be revised to include those products.

(2) By January 1, 2004, each local government shall adopt a minimum purchasing goal for Washington grown or raised agricultural products as a percentage of the total dollar value of agricultural products purchased. To assist in achieving this goal, each local government shall adopt a strategy by January 1, 2003, and shall submit a description of the strategy to the department. All public agencies shall respond to requests for information from the department for the purpose of the 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 applies only to local governments with expenditures for supplies exceeding five hundred thousand dollars for fiscal year 1998. Expenditures for capital goods and for electricity, water, or gas for resale are not considered a supply expenditure.

NEW SECTION. Sec. 6. Each local government shall consider the adoption of policies, rules, or ordinances to provide for the preferential purchase of Washington grown or raised agricultural products. Any local government may adopt the preferential purchasing policy of the department, or portion of such policy, or another policy that provides a preference for Washington grown or raised agricultural products.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 43 RCW.