Bill Text: OR SB353 | 2013 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB353 Detail]

Download: Oregon-2013-SB353-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1801

                         Senate Bill 353

Sponsored by Senator ROBLAN (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 give preference to procuring
paper made from recycled materials and manufactured by paper
mills located within this state if cost does not exceed by more
than 10 percent cost of paper made from nonrecycled materials or
manufactured by paper mills not located within this state.
  Becomes operative January 1, 2014.
  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.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279A.125 is amended to read:
  279A.125. (1) Notwithstanding provisions of law
 { - requiring - }  { +  that require + } a contracting agency to
award a contract to the lowest responsible bidder or   { - best
proposer or provider of a quotation - }   { + the person that
submits the best proposal or provides the best quotation, + } and
subject to subsection (2) of this section, a contracting agency
charged with   { - the procurement of - }  { +  procuring + }
goods for any public use shall give preference to   { - the
procurement of goods - }  { +  procuring goods + } manufactured
from recycled materials. { +  If the contracting agency procures
paper manufactured from recycled materials, the contracting
agency shall give preference to paper manufactured by paper mills
located within 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 { +
by + } a higher percentage if { +  the contracting agency
makes + } a written determination
  { - is made by the contracting agency. - }   { + that a
percentage greater than five percent is necessary or appropriate;
or

  (B) The recycled product is paper that is made from recycled
materials and manufactured by paper mills located within this
state and the cost of the recycled product does not exceed the
cost of paper manufactured from nonrecycled materials, or
manufactured by paper mills that are not located within this
state, by more than 10 percent. + }
  SECTION 2.  { + (1) The amendments to ORS 279A.125 by section 1
of this 2013 Act become operative January 1, 2014.
  (2) The Attorney General, the Director of the Oregon Department
of Administrative Services, the Director of Transportation or a
contracting agency that adopts rules under ORS 279A.065 may take
any action before the operative date specified in subsection (1)
of this section that is necessary to enable the Attorney General,
the director or the contracting agency to exercise, on and after
the operative date specified in subsection (1) of this section,
all of the duties, functions and powers conferred on the Attorney
General, the director or the contracting agency by the amendments
to ORS 279A.125 by section 1 of this 2013 Act.
  (3) The amendments to ORS 279A.125 by section 1 of this 2013
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 a contract that the
contracting agency first enters into on or after the operative
date specified in subsection (1) of this section. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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