Bill Text: OR HB4151 | 2012 | Regular Session | Introduced
Bill Title: Relating to environmentally preferable procurements.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4151 Detail]
Download: Oregon-2012-HB4151-Introduced.html
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 172
House Bill 4151
Sponsored by Representative READ; Representatives BAILEY,
KENY-GUYER, WAND, Senators BOQUIST, STEINER HAYWARD (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 Oregon Department of Administrative Services to create
chemical disclosure form. Becomes operative January 1, 2014.
If certain conditions are met, requires contracting state
agencies charged with procuring goods or services for public use
to give preference to procurement of goods or services that are
environmentally preferable. Becomes operative January 1, 2014.
Allows bidders and proposers to submit information on pilot
products on or after January 1, 2014. Expands types of pilot
product categories and requires bidders and proposers to submit
chemical disclosure forms for all pilot products on or after
January 1, 2016.
A BILL FOR AN ACT
Relating to environmentally preferable procurements.
Be It Enacted by the People of the State of Oregon:
{ +
PROVISIONS THAT BECOME OPERATIVE IN 2014 + }
SECTION 1. { + Creation of chemical disclosure form. + }
{ + (1) The Oregon Department of Administrative Services shall
create a chemical disclosure form for use in the department's
solicitation and award process. The purpose of the chemical
disclosure form is to provide information about products
identified under section 2 of this 2012 Act. The chemical
disclosure form must contain all of the following information:
(a) A description of the product, including the brand name and
manufacturer.
(b) An inventory of ingredients, including all intentionally
added chemical ingredients, as well as residuals and contaminants
found in the final product at concentrations above 100 parts per
million, the percentage amount of each ingredient, the ingredient
name and the Chemical Abstracts Service registry number.
(c) The signature of the bidder or proposer, certifying that
all information contained in the chemical disclosure form is
true, accurate and complete.
(d) The health and environmental hazards that are intrinsic to
the chemicals used in the product.
(e) A description of the product's impacts on health and the
environment. Health impacts include carcinogenicity,
mutagenicity, genotoxicity, reproductive toxicity, developmental
toxicity, endocrine activity, acute toxicity, systemic toxicity,
adverse effects to organs, neurotoxicity, respiratory
sensitization, skin sensitization and eye irritation.
Environmental impacts include acute and chronic aquatic toxicity.
(f) The contact information for the manufacturer of the
product, including a phone number, an electronic mail address, a
mailing address and a product website.
(g) Whether the goods or services are designed and manufactured
using the following principles of green chemistry:
(A) They avoid the use of hazardous chemicals.
(B) They maximize the incorporation of all materials used to
create the final product.
(C) They use and generate substances that minimize toxicity to
health and the environment.
(D) They effect their desired function while minimizing the
toxicity of the product.
(E) They minimize the use of extraneous substances.
(F) They minimize the amount of energy used when creating
chemical products.
(G) They use renewable raw material or feedstock.
(H) They minimize or avoid the conversion of a chemical
compound into a derivative.
(I) They use catalytic reagents instead of stoichiometric
reagents.
(J) They are designed so that chemicals used in the goods and
services break down into innocuous substances.
(K) They use a chemical process that minimizes the potential
for chemical accidents, including chemical releases, explosions
and fires.
(2) The department shall adopt rules for the implementation of
this section. + }
SECTION 2. { + Pilot product categories. + } { + (1) The
Oregon Department of Administrative Services shall select two
pilot product categories. The types of product categories may
include janitorial supplies or building materials.
(2) Each bidder or proposer of a product included in the pilot
product categories selected under subsection (1) of this section
may submit a chemical disclosure form described in section 1 of
this 2012 Act in a manner provided by the department by rule. + }
SECTION 3. { + Section 4 of this 2012 Act is added to and made
a part of ORS chapter 279A. + }
SECTION 4. { + Health and environmental considerations in
state purchasing decisions. (1) As used in this section:
(a) 'Contracting state agency' means every state officer,
board, commission, department, institution, branch or agency of
the state government.
(b) 'Environmentally preferable' means goods and services that
have a lesser or reduced negative effect on health and the
environment when compared with competing goods and services that
serve the same purpose. This comparison may consider acquisition
of raw materials or production, manufacturing, packaging,
distribution, reuse, operation, maintenance or disposal of the
goods or services.
(2) Notwithstanding any provision of the Public Contracting
Code requiring a contracting state agency to award a contract to
the lowest responsible bidder or best proposer or provider of a
quotation, and subject to subsection (3) of this section, a
contracting state agency charged with the procurement of goods
and services for any public use shall give preference to the
procurement of goods and services that are environmentally
preferable.
(3) A contracting state agency shall give preference under this
section to goods and services that are environmentally preferable
if the costs do not exceed the costs of goods or services that
are not environmentally preferable by more than five percent, or
by a higher percentage if a written determination is made by the
contracting state agency.
(4) The Oregon Department of Administrative Services may
provide any information on best practices or appropriate training
materials for environmentally preferable purchasing that are
necessary for contracting state agencies to procure
environmentally preferable goods and services.
(5) The Oregon Department of Administrative Services shall use
third-party certifications for the selection of environmentally
preferable goods whenever practicable. The Oregon Department of
Administrative Services, in consultation with the Department of
Environmental Quality, shall identify approved third-party
certifications for products purchased through public
solicitation. + }
SECTION 5. { + (1) Sections 1, 2 and 4 of this 2012 Act become
operative January 1, 2014.
(2) Notwithstanding subsection (1) of this section, the Oregon
Department of Administrative Services may take any action before
the operative date specified in subsection (1) of this section
that is necessary to enable the department to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
department by sections 1, 2 and 4 of this 2012 Act. + }
SECTION 6. { + Section 4 of this 2012 Act applies to contracts
first advertised or otherwise solicited or, if not advertised or
solicited, entered into on or after the operative date specified
in section 5 of this 2012 Act. + }
{ +
PROVISIONS THAT BECOME OPERATIVE IN 2015 + }
SECTION 7. { + Data collection on environmentally preferable
purchasing. (1) The Oregon Department of Administrative Services
shall require contracting state agencies, as defined in section 4
of this 2012 Act, to collect information from bidders and
proposers that will allow the department to determine:
(a) The number of solicitations in which environmentally
preferable specifications are included as a part of the
solicitation.
(b) The approximate total dollar amount spent on
environmentally preferable goods or services by this state.
(2) The department shall make the information collected under
subsection (1) of this section and a description of barriers to
increasing environmentally preferable purchasing by this state
publicly available in an electronic format. + }
SECTION 8. { + (1) Section 7 of this 2012 Act becomes
operative January 1, 2015.
(2) Notwithstanding subsection (1) of this section, the Oregon
Department of Administrative Services may take any action before
the operative date specified in subsection (1) of this section
that is necessary to enable the department to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
department by section 7 of this 2012 Act. + }
{ +
PROVISIONS THAT BECOME OPERATIVE IN 2016 + }
SECTION 9. Section 2 of this 2012 Act is amended to read:
{ + Sec. 2. + } { + Additional pilot product categories. + }
{ + (1) As used in this section, 'chemicals of concern' means
those chemicals identified in the Department of Environmental
Quality's Toxics Focus List included in the department's Toxics
Reduction Strategy. + }
{ - (1) - } { + (2) + } The Oregon Department of
Administrative Services shall select two pilot product
categories. The types of product categories may include
janitorial supplies or building materials.
{ + (3) In addition to the two pilot product categories
selected in subsection (2) of this section, the Oregon Department
of Administrative Services, in consultation with the Department
of Environmental Quality, the Oregon University System and the
Oregon Innovation Council, shall select three additional pilot
product categories. In selecting the additional product
categories, the Oregon Department of Administrative Services
shall consider all of the following:
(a) The annual cost of purchasing a product included in the
product category.
(b) The estimated quantity of a product included in the product
category purchased annually.
(c) The current or anticipated availability of similar products
that contain safer alternatives to chemicals of concern.
(d) The manufacturing location of a product included in the
product category. + }
{ - (2) - } { + (4) + } Each bidder or proposer of a
product included in the pilot product categories selected under
{ - subsection (1) of - } this section { - may - } { +
shall + } submit a chemical disclosure form described in section
1 of this 2012 Act in a manner provided by the { + Oregon + }
Department { + of Administrative Services + } by rule.
SECTION 10. Section 7 of this 2012 Act is amended to read:
{ + Sec. 7. + } { + Data collection on environmentally
preferable purchasing and chemical disclosure form. + } (1) The
Oregon Department of Administrative Services shall require
contracting state agencies, as defined in section 4 of this 2012
Act, to collect information from bidders and proposers that will
allow the department to determine:
(a) The number of solicitations in which environmentally
preferable specifications { + and chemical disclosure forms + }
are included as a part of the solicitation.
(b) The approximate total dollar amount spent on
environmentally preferable goods or services by this state.
(2) The department shall make the information collected under
subsection (1) of this section and a description of barriers to
increasing environmentally preferable purchasing by this state
publicly available in an electronic format.
SECTION 11. { + (1) The amendments to sections 2 and 7 this
2012 Act by sections 9 and 10 of this 2012 Act become operative
January 1, 2016.
(2) Notwithstanding subsection (1) of this section, the Oregon
Department of Administrative Services may take any action before
the operative date specified in subsection (1) of this section
that is necessary to enable the department to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
department by the amendments to sections 2 and 7 of this 2012 Act
by sections 9 and 10 of this 2012 Act. + }
SECTION 12. { + The amendments to sections 2 and 7 of this
2012 Act by sections 9 and 10 of this 2012 Act apply to contracts
first advertised or otherwise solicited or, if not advertised or
solicited, entered into on or after the operative date specified
in section 11 of this 2012 Act. + }
{ +
UNIT AND SECTION CAPTIONS + }
SECTION 13. { + The unit and section 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. + }
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