In 2021, the Legislature commissioned the Buy Clean Buy Fair Washington Project pilot study. The pilot study required the Department of Commerce (Commerce) to contract with the University of Washington College of Built Environments to create a database and reporting system to collect product, manufacturer, environmental, and labor information for state-funded construction projects and to conduct a case study using pilot projects.
A final report including recommendations for the reporting system based on lessons learned and findings from the case study was submitted to the Legislature on November 1, 2022.
Reporting Requirements. Beginning July 1, 2024, an awarding authority must require in all newly executed construction contracts that the selected firm for a construction contract for a covered project larger than 100,000 gross square feet to submit the following data for each covered product used before substantial completion, including at a minimum:
Beginning July 1, 2026, these reporting requirements apply to all newly executed construction contracts.
If a supply chain specific EPD is not available, a product and facility specific report may be submitted.
The reporting requirements do not apply to a covered product if the awarding authority determines the requirements would cause significant delay in project completion, significant increase in overall project cost, or result in only on product supplier being able to provide the covered product.
Financial Assistance. Subject to appropriations, Commerce may provide financial assistance to small businesses to help offset the costs of producing an EPD.
Specifications. By July 1, 2024, and to the extent practicable, specifications for a bid or proposal for a project contract by an awarding authority may only include performance-based specifications for concrete used as a structural material. Awarding authorities may continue to use prescriptive specifications on structural elements to support special designs and emerging technology implementation.
Database. Commerce must continue to develop, maintain, and refine the publicly accessible database funded by the Legislature. and may consult with the University of Washington College of Built Environments. The database must publish global warming potential as reported in the EPDs.
By July 1, 2024, Commerce must:
Work Group. By December 1, 2023, Commerce must convene a technical work group (work group). Membership includes industry professionals, manufacturers, state agencies, environmental groups, and labor unions. The purpose of the work group is to identify opportunities for and barriers to growth of the use and production of low carbon materials, promote high labor standards in manufacturing, and preserve and expand low carbon materials manufacturing in Washington.
The work group must submit two reports:
Commerce may update reporting standards and requirements based on input from the work group and must provide updated guidance on reporting standards by January 1, 2026.
Budget Instructions. The Office of Financial Management must include in its capital budget instructions, beginning with the instructions for the 2025-2027 biennium, information informing awarding authorities of the data and information requirements in this act.
Miscellaneous. The bill includes a severability clause.
The committee recommended a different version of the bill than what was heard. PRO: Buy Clean policies are gaining steam across the country as a tool for transforming and strengthening U.S. manufacturing. A pilot project, funded by the Legislature, provided key recommendations to combat the unfair competition responsible manufacturers face from overseas producers not subject to the same standard. Construction incentives to use low-carbon materials, made with fair labor practices, requires further knowledge about the materials used in these buildings. The database created is an important tool for making climate smart purchasing decisions. Data availability concerns are addressed for commodity products. Transparency will show the environmental benefit of using local U.S. materials.
A workgroup will be created under this bill to guarantee ongoing oversight, outreach, and data collection. Integrating reporting ensures the transition to the low-carbon economy is fair and that new clean manufacturing jobs remain the same high-quality jobs that have provided solid economic foundation for millions of communities. The process for collecting EPD's is not new and it’s time to bring to same standard of care to all covered projects.
CON: This bill lacks clarity and scope. It also lacks structural life cycle assessments, which is where the real reductions arise from. It creates significant reporting, administrative, and cost burdens on publicly funded projects. Given the lack of transparency in the two provisos and an unbalanced makeup, there is a lack of confidence in the work groups ability to allow opportunities for fair input. Information can be highly variable so effective, transparent collaboration is much needed.
OTHER: This bill misses the greatest opportunity to decarbonize by ignoring the pivotal role of life cycle assessments. Teams need more than collecting EPDs and material quantities. Supply chain specific data has changed to a request when feasible, allowing manufacturers to escape the policy requirement. Few EPDs disclose their data when given the opportunity not to.
PRO: In 2021, the Legislature recognized the need for policies to tackle greenhouse gas emissions in state construction. The federal government, as well as several other states, have adopted similar policies. Several components of this law were implemented as part of a pilot project and are in place. This is strictly a reporting requirement and does not require the state to change its procurement decisions. A hardship clause allows the reporting requirements to be suspended if needed.
Climate crisis is a threat to our democracy. Transparency is a crucial first step to understanding the decarbonization of the industry and holding construction materials to high standards.
Washington is well positioned to meet the surge of low carbon production and should do its part by passing this law. The law will promote fair competition for companies that implement low carbonization strategies and fair labor standards.
CON: Advocates tout this bill as a reporting only requirement for information that is readily available. If information is easily accessible, there is no need to spend state resources to collect it. The bill started with the admirable goal of reducing carbon. Unfortunately it has split into the dual purpose of attempting to advance labor standards and practices. This is a missed opportunity to look at materials used in a building throughout the entire life cycle, beginning with design. Instead the bill adopts burdensome reporting requirements and does not meet the goal of designing and building structures with a lower carbon footprint.