Bill Text: OR HB4142 | 2012 | Regular Session | Introduced

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Bill Title: Relating to preferences in public contracting for paper; declaring an emergency.

Sponsorship: Moderate Partisan Bill (Democrat 14-2)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4142 Detail]

Download: Oregon-2012-HB4142-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 190

                         House Bill 4142

Sponsored by Representatives ROBLAN, HOYLE; Representatives
  BAILEY, BUCKLEY, DEMBROW, FREDERICK, GARRETT, HOLVEY, KENNEMER,
  KOMP, KOTEK, MATTHEWS, READ, WITT (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires contracting agency to apply certain preferences in
awarding contracts related to certain goods manufactured from
recycled materials.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to preferences in public contracting for paper; creating
  new provisions; amending ORS 279A.125; and declaring an
  emergency.
  Whereas the Legislative Assembly, in ORS 459.015, has declared
that the planning, development and operation of recycling
programs is a matter of statewide concern; and
  Whereas sustainability includes economic and social as well as
environmental factors, and it is in the best interest of this
state to encourage local industry and local job creation within
the recycling process; and
  Whereas Oregon's paper mills have traditionally employed
thousands of Oregonians; and
  Whereas over the past few decades many of Oregon's paper mills
have transitioned from making paper from wood chips to making
paper from recovered paper waste, using increasingly energy
efficient and environmentally friendly processes; now, therefore,
Be It Enacted by the People of the State of Oregon:

                               { +
CONTRACT PREFERENCE + }

  SECTION 1. ORS 279A.125 is amended to read:
  279A.125. (1) Notwithstanding provisions of law requiring a
contracting agency to award a contract to the lowest responsible
bidder or best proposer or provider of a quotation and subject to
subsection (2) of this section, a contracting agency charged with
the procurement of goods for any public use shall give preference
to the procurement of goods manufactured from recycled
materials { + , and if the good manufactured from recycled
materials is paper, a contracting agency shall give preference to
paper manufactured at paper mills located in this state + }.
  (2) A contracting agency shall give preference to goods that
are certified to be made from recycled materials if:
  (a) The recycled product is available;
  (b) The recycled product meets applicable standards;
  (c) The recycled product can be substituted for a comparable
nonrecycled product; and
  (d) { + (A) + } The recycled product's costs do not exceed the
costs of nonrecycled products by more than five percent, or a
higher percentage if a written determination is made by the
contracting agency { + ; or
  (B) If the recycled product is paper, the costs of the paper
manufactured from recycled materials at paper mills located in
this state do not exceed the costs of paper manufactured from
nonrecycled materials, or the costs of paper manufactured from
recycled materials at paper mills that are not located in this
state, by more than 10 percent + }.

                               { +
MISCELLANEOUS + }

  SECTION 2.  { + (1) The amendments to ORS 279A.125 by section 1
of this 2012 Act become operative January 1, 2013.
  (2) Before January 1, 2013, the Attorney General, the Oregon
Department of Administrative Services and a contracting agency
that adopts rules under ORS 279A.065 may adopt rules that are
necessary to enable the Attorney General, the department and the
contracting agency to exercise, on and after January 1, 2013, all
the duties, powers and functions conferred on the Attorney
General, the department and the contracting agency by the
amendments to ORS 279A.125 by section 1 of this 2012 Act.
  (3) The amendments to ORS 279A.125 by section 1 of this 2012
Act apply to contracts that a contracting agency first advertises
or otherwise solicits or, if the contracting agency does not
advertise or solicit the contract, to contracts that the
contracting agency enters into on or after the operative date
specified in subsection (1) of this section 2. + }
  SECTION 3.  { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }

                               { +
EMERGENCY + }

  SECTION 4.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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