§103D-1005  Recycled products.  (a)  To
encourage the use of recycled products, contracts shall be awarded to the
lowest responsible and responsive bidders, with preference being given to the
products containing recycled material.  The policy board shall adopt rules in
accordance with chapter 91 governing preference for recycled products.  The
rules shall establish percentages of preference and the method of determining
the contents of recycled material to qualify various products for preference.



(b)  The state procurement office, with the
assistance of the office of solid waste management in the department of health
as provided in section 342G-42, shall develop a recycled product procurement
program that shall require state purchasing agencies and urge county purchasing
agencies to:



(1)  Apply preference to the purchase of products with
recycled content before purchasing products without any recycled content;



(2)  Be consistent with applicable federal
specification standards incorporated in Executive Order No. 12873, signed by
the President of the United States on October 20, 1993, and any subsequent
amendments to that order; and



(3)  Ensure, to the maximum extent economically
feasible, the purchase of materials that may be recycled or reused when
discarded, and to avoid the purchase of products deemed environmentally
harmful.



(c)  In addition to the requirements for the
purchase of office paper and printed material under subsection (e), and when
appropriate, purchase specifications shall include, but not be limited to,
paper, paper products, glass and glass by-products, plastic products, mulch and
soil amendments, tires, batteries, oil, paving materials and base, subbase, and
pervious backfill materials.  Paving materials to be considered shall include,
but are not limited to, asphalt, tires, crushed concrete for base, subbase, and
paving materials.  The standards and specifications shall provide for the use
of recycled materials and shall not reduce the quality standards for highway
and road construction.



(d)  The chief procurement officers shall
periodically review their specifications to determine whether discrimination
against procured goods with recycled contents exists and shall revise these
specifications to eliminate any such discrimination.



(e)  When purchasing office paper and printed
material, state purchasing agencies shall, and county purchasing agencies are
urged to, purchase only office paper and printed material with recycled
content, except when statutory, regulatory, or contractual requirements
preclude the purchase of office paper or printed material with recycled
contents of the same type and quantity as the office paper or printed material
without recycled content. [L 1994, c 186, pt of §1; am L 1997, c 352, §23]