IC 5-22-5-1 Rules; policies
Sec. 1. (a) A governmental body may adopt rules or establish
policies for the preparation, maintenance, and content of
specifications.
(b) Rules or policies may include a description of requirements
for inspecting, testing, or preparing an item for delivery. As added by P.L.49-1997, SEC.1.
IC 5-22-5-2 Duties of purchasing agents
Sec. 2. A purchasing agent shall prepare, issue, revise, maintain,
and monitor the use of specifications. As added by P.L.49-1997, SEC.1.
IC 5-22-5-3 Purposes of specifications
Sec. 3. A specification must do the following:
(1) Promote overall economy for the purposes intended.
(2) Encourage competition in satisfying the governmental
body's needs. As added by P.L.49-1997, SEC.1.
IC 5-22-5-4 Indexed file of specifications
Sec. 4. The purchasing agency shall maintain an indexed file of
specifications prepared by or under the authority of its purchasing
agents. As added by P.L.49-1997, SEC.1.
IC 5-22-5-5 Request for specifications
Sec. 5. (a) The procedure described in this section may be used by
a purchasing agent when both of the following are satisfied:
(1) The purchasing agent makes a written determination that the
development of specifications by the governmental body is not
feasible.
(2) The executive of the governmental body approves of the use
of this section.
(b) The purchasing agent may issue a request for specifications
that must include the following:
(1) The factors or criteria that will be used in evaluating the
specifications.
(2) A statement concerning the relative importance of
evaluation factors.
(3) A statement concerning whether discussions may be
conducted with persons proposing specifications to clarify the
specification requirements.
(c) The purchasing agent shall give notice of the request for
specifications under IC 5-3-1.
(d) As provided in the request for specifications, the purchasing
agent may discuss proposed specifications with persons proposing
specifications to clarify specification requirements.
(e) Persons proposing specifications must be accorded fair and
equal treatment with respect to any opportunity for discussion and
revisions of proposed specifications. As added by P.L.49-1997, SEC.1.
IC 5-22-5-6 Purchase of degradable and disposable plastic products
Sec. 6. (a) This section does not apply to a political subdivision.
(b) As used in this section, "biodegradation" means the conversion
of all constituents of a plastic into miscellaneous component parts by
the microbial action of fungi and bacteria upon natural materials such
as cornstarch.
(c) As used in this section, "chemical degradation" means the
conversion of all constituents of a plastic into miscellaneous
component parts through the chemical reactions of additives such as
auto-oxidants and the environment with the plastic.
(d) As used in this section, "degradable" means capable of being
broken down by one (1) or more of the following degradation
processes:
(1) Biodegradation.
(2) Photodegradation.
(3) Chemical degradation.
(e) As used in this section, "photodegradation" means the
conversion of all constituents of a plastic product into miscellaneous
component parts through the physical breakdown of the plastic
product upon sufficient exposure to ultraviolet radiation.
(f) As used in this section, "plastic" includes a hybrid material
containing plastic as a major component.
(g) As used in this section, "refuse bag" means a disposable
plastic bag that is designed to hold garbage, grass clippings, fallen
leaves, or other refuse. The term includes a disposable plastic bag
that is designed to be placed inside and to catch the refuse deposited
in a rigid refuse receptacle.
(h) When purchasing disposable plastic products, including refuse
bags, a governmental body shall purchase disposable plastic products
that are degradable if all the following apply:
(1) Degradable products are available at the time of the
purchase.
(2) It is economically feasible to purchase degradable products.
(3) The purchase of degradable products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses.
(4) The degradable product to be purchased is economically and
functionally the equivalent of disposable plastic products that:
(A) meet applicable specifications; and
(B) are not degradable.
(5) The degradable product to be purchased is, in the
determination of the purchasing agent, a type of product for
which the use of degradable materials is appropriate based
upon:
(A) the functional use of the product; and
(B) whether the product will probably be recycled or
disposed of in a final disposal facility. As added by P.L.49-1997, SEC.1.
IC 5-22-5-7 Purchase of recycled paper products
Sec. 7. (a) This section does not apply to a political subdivision.
(b) A governmental body purchasing paper products shall
purchase recycled paper products if all of the following apply:
(1) Recycled paper products are available at the time of a
purchase.
(2) It is economically feasible to purchase recycled paper
products.
(3) The purchase of recycled paper products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses. As added by P.L.49-1997, SEC.1.
IC 5-22-5-8 Purchase of mid-level blend fuel, E85, and blended biodiesel fuel by
governmental bodies; exemptions
Sec. 8. (a) This section does not apply to a political subdivision,
except a school corporation (as defined in IC 20-18-2-16(a)).
(b) As used in this section, "blended biodiesel" has the meaning
set forth in IC 6-3.1-27-2.
(c) As used in this section, "diesel fueled vehicle" refers to a
vehicle that is capable of using diesel to fuel its primary motor.
(d) As used in this section, "ethanol" means agriculturally derived
ethyl alcohol.
(e) As used in this section, "E85" has the meaning set forth in
IC 6-6-1.1-103.
(f) As used in this section, "gasoline fueled vehicle" refers to a
vehicle that is capable of using gasoline to fuel its primary motor.
(g) As used in this section "mid-level blend fuel" means a fuel
blend consisting of:
(1) at least twenty percent (20%) but not more than
seventy-three percent (73%) ethanol; and
(2) gasoline as the balance.
(h) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(i) Except as provided by subsections (k) and (l), a governmental
body shall whenever possible purchase mid-level blend fuel or E85
to fuel the gasoline fueled vehicles owned or operated by the
governmental body.
(j) Except as provided by subsections (k) and (l), a governmental
body shall whenever possible purchase blended biodiesel fuel to fuel
the diesel fueled vehicles owned or operated by the governmental
body.
(k) The following vehicles are exempt from the requirements of
subsections (i) and (j):
(1) A vehicle that is leased by the governmental body for thirty
(30) days or less.
(2) A vehicle that:
(A) is primarily powered by an electric motor; or
(B) can use only propane, compressed or liquified natural
gas, or methanol as its fuel source.
(l) The following vehicles are exempt from the requirements of
subsection (i) or (j), whichever is appropriate:
(1) A gasoline fueled vehicle in which the use of mid-level
blend fuel or E85 has not been approved by the manufacturer.
(2) A diesel fueled vehicle in which the use of blended
biodiesel fuel has not been approved by the manufacturer.
(3) A gasoline fueled vehicle in which the use of mid-level
blend fuel is prohibited by the federal Clean Air Act (42 U.S.C.
7401 et seq.). As added by P.L.274-2001, SEC.1. Amended by P.L.6-2005, SEC.1;
P.L.148-2009, SEC.1.
IC 5-22-5-8.5 State entities required to purchase or lease clean energy vehicles;
exceptions; rules; reports
Sec. 8.5. (a) As used in this section, "clean energy vehicle" means
any of the following:
(1) A vehicle that operates on one (1) or more of the following
energy sources:
(A) A rechargeable energy storage system.
(B) Hydrogen.
(C) Compressed air.
(D) Compressed or liquid natural gas.
(E) Solar energy.
(F) Liquefied petroleum gas.
(G) Any other alternative fuel (as defined in
IC 6-3.1-31.9-1).
(2) A vehicle that operates on gasoline and one (1) or more of
the energy sources listed in subdivision (1).
(3) A vehicle that operates on diesel fuel and one (1) or more of
the energy sources listed in subdivision (1).
(b) As used in this section, "state entity" means the following:
(1) A state agency.
(2) Any other authority, board, branch, commission, committee,
department, division, or other instrumentality of the executive
(including the administrative), legislative, or judicial
department of state government.
The term includes a state elected official's office and excludes a state
educational institution.
(c) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(d) Except as provided in subsection (e), if a state entity purchases
or leases a vehicle after December 31, 2009, it must purchase or
lease a clean energy vehicle unless the Indiana department of
administration determines that the purchase or lease of a clean
energy vehicle:
(1) is inappropriate because of the purposes for which the
vehicle will be used; or
(2) would cost at least ten percent (10%) more than the
purchase or lease of a vehicle that:
(A) is not a clean energy vehicle; and
(B) is designed and equipped comparably to the clean energy
vehicle.
(e) The requirements of subsection (d) do not apply to the:
(1) purchase or lease of vehicles by or for the state police
department; and
(2) short term or temporary lease of vehicles.
(f) The Indiana department of administration shall, before January
1, 2010, adopt rules or guidelines to provide a preference for the
purchase or lease by state entities of clean energy vehicles
manufactured wholly or partially in Indiana or containing parts
manufactured in Indiana.
(g) Before August 1 of 2010 and each year thereafter, each state
entity shall submit to the Indiana department of administration
information regarding the use of clean energy vehicles by the state
entity. The information must specify the following for the preceding
state fiscal year:
(1) The amount of alternative fuels purchased by the state
entity.
(2) The amount of conventional fuels purchased by the state
entity.
(3) The average price per gallon paid by the state entity for each
type of fuel purchased by the state entity.
(4) The total number of vehicles purchased or leased by the
state agency that were clean energy vehicles and the total
number of vehicles purchased or leased by the state agency that
were not clean energy vehicles.
(5) Any other information required by the Indiana department
of administration.
(h) Before September 1 of 2010 and each year thereafter, the
Indiana department of administration shall submit to the general
assembly in an electronic format under IC 5-14-6 and to the governor
a report that lists the information required under subsection (g) for
each state entity and for all state agencies in the aggregate. As added by P.L.151-2009, SEC.3.
IC 5-22-5-9 Purchases of biobased products
Sec. 9. (a) This section applies to a purchase of supplies by any of
the following:
(1) A governmental body.
(2) A state educational institution.
(b) As used in this section, "biobased product" refers to an item
designated by the United States Department of Agriculture as a
biobased product for federal procurement under Section 9002 of the
federal Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8102).
(c) A governmental body or a state educational institution shall,
whenever possible, purchase biobased products if all of the following
apply:
(1) Biobased products are available at the time of the purchase.
(2) It is economically feasible to purchase biobased products.
(3) The purchase of biobased products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses. As added by P.L.19-2007, SEC.2.
IC 5-22-5-1 Rules; policies
Sec. 1. (a) A governmental body may adopt rules or establish
policies for the preparation, maintenance, and content of
specifications.
(b) Rules or policies may include a description of requirements
for inspecting, testing, or preparing an item for delivery. As added by P.L.49-1997, SEC.1.
IC 5-22-5-2 Duties of purchasing agents
Sec. 2. A purchasing agent shall prepare, issue, revise, maintain,
and monitor the use of specifications. As added by P.L.49-1997, SEC.1.
IC 5-22-5-3 Purposes of specifications
Sec. 3. A specification must do the following:
(1) Promote overall economy for the purposes intended.
(2) Encourage competition in satisfying the governmental
body's needs. As added by P.L.49-1997, SEC.1.
IC 5-22-5-4 Indexed file of specifications
Sec. 4. The purchasing agency shall maintain an indexed file of
specifications prepared by or under the authority of its purchasing
agents. As added by P.L.49-1997, SEC.1.
IC 5-22-5-5 Request for specifications
Sec. 5. (a) The procedure described in this section may be used by
a purchasing agent when both of the following are satisfied:
(1) The purchasing agent makes a written determination that the
development of specifications by the governmental body is not
feasible.
(2) The executive of the governmental body approves of the use
of this section.
(b) The purchasing agent may issue a request for specifications
that must include the following:
(1) The factors or criteria that will be used in evaluating the
specifications.
(2) A statement concerning the relative importance of
evaluation factors.
(3) A statement concerning whether discussions may be
conducted with persons proposing specifications to clarify the
specification requirements.
(c) The purchasing agent shall give notice of the request for
specifications under IC 5-3-1.
(d) As provided in the request for specifications, the purchasing
agent may discuss proposed specifications with persons proposing
specifications to clarify specification requirements.
(e) Persons proposing specifications must be accorded fair and
equal treatment with respect to any opportunity for discussion and
revisions of proposed specifications. As added by P.L.49-1997, SEC.1.
IC 5-22-5-6 Purchase of degradable and disposable plastic products
Sec. 6. (a) This section does not apply to a political subdivision.
(b) As used in this section, "biodegradation" means the conversion
of all constituents of a plastic into miscellaneous component parts by
the microbial action of fungi and bacteria upon natural materials such
as cornstarch.
(c) As used in this section, "chemical degradation" means the
conversion of all constituents of a plastic into miscellaneous
component parts through the chemical reactions of additives such as
auto-oxidants and the environment with the plastic.
(d) As used in this section, "degradable" means capable of being
broken down by one (1) or more of the following degradation
processes:
(1) Biodegradation.
(2) Photodegradation.
(3) Chemical degradation.
(e) As used in this section, "photodegradation" means the
conversion of all constituents of a plastic product into miscellaneous
component parts through the physical breakdown of the plastic
product upon sufficient exposure to ultraviolet radiation.
(f) As used in this section, "plastic" includes a hybrid material
containing plastic as a major component.
(g) As used in this section, "refuse bag" means a disposable
plastic bag that is designed to hold garbage, grass clippings, fallen
leaves, or other refuse. The term includes a disposable plastic bag
that is designed to be placed inside and to catch the refuse deposited
in a rigid refuse receptacle.
(h) When purchasing disposable plastic products, including refuse
bags, a governmental body shall purchase disposable plastic products
that are degradable if all the following apply:
(1) Degradable products are available at the time of the
purchase.
(2) It is economically feasible to purchase degradable products.
(3) The purchase of degradable products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses.
(4) The degradable product to be purchased is economically and
functionally the equivalent of disposable plastic products that:
(A) meet applicable specifications; and
(B) are not degradable.
(5) The degradable product to be purchased is, in the
determination of the purchasing agent, a type of product for
which the use of degradable materials is appropriate based
upon:
(A) the functional use of the product; and
(B) whether the product will probably be recycled or
disposed of in a final disposal facility. As added by P.L.49-1997, SEC.1.
IC 5-22-5-7 Purchase of recycled paper products
Sec. 7. (a) This section does not apply to a political subdivision.
(b) A governmental body purchasing paper products shall
purchase recycled paper products if all of the following apply:
(1) Recycled paper products are available at the time of a
purchase.
(2) It is economically feasible to purchase recycled paper
products.
(3) The purchase of recycled paper products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses. As added by P.L.49-1997, SEC.1.
IC 5-22-5-8 Purchase of mid-level blend fuel, E85, and blended biodiesel fuel by
governmental bodies; exemptions
Sec. 8. (a) This section does not apply to a political subdivision,
except a school corporation (as defined in IC 20-18-2-16(a)).
(b) As used in this section, "blended biodiesel" has the meaning
set forth in IC 6-3.1-27-2.
(c) As used in this section, "diesel fueled vehicle" refers to a
vehicle that is capable of using diesel to fuel its primary motor.
(d) As used in this section, "ethanol" means agriculturally derived
ethyl alcohol.
(e) As used in this section, "E85" has the meaning set forth in
IC 6-6-1.1-103.
(f) As used in this section, "gasoline fueled vehicle" refers to a
vehicle that is capable of using gasoline to fuel its primary motor.
(g) As used in this section "mid-level blend fuel" means a fuel
blend consisting of:
(1) at least twenty percent (20%) but not more than
seventy-three percent (73%) ethanol; and
(2) gasoline as the balance.
(h) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(i) Except as provided by subsections (k) and (l), a governmental
body shall whenever possible purchase mid-level blend fuel or E85
to fuel the gasoline fueled vehicles owned or operated by the
governmental body.
(j) Except as provided by subsections (k) and (l), a governmental
body shall whenever possible purchase blended biodiesel fuel to fuel
the diesel fueled vehicles owned or operated by the governmental
body.
(k) The following vehicles are exempt from the requirements of
subsections (i) and (j):
(1) A vehicle that is leased by the governmental body for thirty
(30) days or less.
(2) A vehicle that:
(A) is primarily powered by an electric motor; or
(B) can use only propane, compressed or liquified natural
gas, or methanol as its fuel source.
(l) The following vehicles are exempt from the requirements of
subsection (i) or (j), whichever is appropriate:
(1) A gasoline fueled vehicle in which the use of mid-level
blend fuel or E85 has not been approved by the manufacturer.
(2) A diesel fueled vehicle in which the use of blended
biodiesel fuel has not been approved by the manufacturer.
(3) A gasoline fueled vehicle in which the use of mid-level
blend fuel is prohibited by the federal Clean Air Act (42 U.S.C.
7401 et seq.). As added by P.L.274-2001, SEC.1. Amended by P.L.6-2005, SEC.1;
P.L.148-2009, SEC.1.
IC 5-22-5-8.5 State entities required to purchase or lease clean energy vehicles;
exceptions; rules; reports
Sec. 8.5. (a) As used in this section, "clean energy vehicle" means
any of the following:
(1) A vehicle that operates on one (1) or more of the following
energy sources:
(A) A rechargeable energy storage system.
(B) Hydrogen.
(C) Compressed air.
(D) Compressed or liquid natural gas.
(E) Solar energy.
(F) Liquefied petroleum gas.
(G) Any other alternative fuel (as defined in
IC 6-3.1-31.9-1).
(2) A vehicle that operates on gasoline and one (1) or more of
the energy sources listed in subdivision (1).
(3) A vehicle that operates on diesel fuel and one (1) or more of
the energy sources listed in subdivision (1).
(b) As used in this section, "state entity" means the following:
(1) A state agency.
(2) Any other authority, board, branch, commission, committee,
department, division, or other instrumentality of the executive
(including the administrative), legislative, or judicial
department of state government.
The term includes a state elected official's office and excludes a state
educational institution.
(c) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(d) Except as provided in subsection (e), if a state entity purchases
or leases a vehicle after December 31, 2009, it must purchase or
lease a clean energy vehicle unless the Indiana department of
administration determines that the purchase or lease of a clean
energy vehicle:
(1) is inappropriate because of the purposes for which the
vehicle will be used; or
(2) would cost at least ten percent (10%) more than the
purchase or lease of a vehicle that:
(A) is not a clean energy vehicle; and
(B) is designed and equipped comparably to the clean energy
vehicle.
(e) The requirements of subsection (d) do not apply to the:
(1) purchase or lease of vehicles by or for the state police
department; and
(2) short term or temporary lease of vehicles.
(f) The Indiana department of administration shall, before January
1, 2010, adopt rules or guidelines to provide a preference for the
purchase or lease by state entities of clean energy vehicles
manufactured wholly or partially in Indiana or containing parts
manufactured in Indiana.
(g) Before August 1 of 2010 and each year thereafter, each state
entity shall submit to the Indiana department of administration
information regarding the use of clean energy vehicles by the state
entity. The information must specify the following for the preceding
state fiscal year:
(1) The amount of alternative fuels purchased by the state
entity.
(2) The amount of conventional fuels purchased by the state
entity.
(3) The average price per gallon paid by the state entity for each
type of fuel purchased by the state entity.
(4) The total number of vehicles purchased or leased by the
state agency that were clean energy vehicles and the total
number of vehicles purchased or leased by the state agency that
were not clean energy vehicles.
(5) Any other information required by the Indiana department
of administration.
(h) Before September 1 of 2010 and each year thereafter, the
Indiana department of administration shall submit to the general
assembly in an electronic format under IC 5-14-6 and to the governor
a report that lists the information required under subsection (g) for
each state entity and for all state agencies in the aggregate. As added by P.L.151-2009, SEC.3.
IC 5-22-5-9 Purchases of biobased products
Sec. 9. (a) This section applies to a purchase of supplies by any of
the following:
(1) A governmental body.
(2) A state educational institution.
(b) As used in this section, "biobased product" refers to an item
designated by the United States Department of Agriculture as a
biobased product for federal procurement under Section 9002 of the
federal Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8102).
(c) A governmental body or a state educational institution shall,
whenever possible, purchase biobased products if all of the following
apply:
(1) Biobased products are available at the time of the purchase.
(2) It is economically feasible to purchase biobased products.
(3) The purchase of biobased products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses. As added by P.L.19-2007, SEC.2.
IC 5-22-5-1 Rules; policies
Sec. 1. (a) A governmental body may adopt rules or establish
policies for the preparation, maintenance, and content of
specifications.
(b) Rules or policies may include a description of requirements
for inspecting, testing, or preparing an item for delivery. As added by P.L.49-1997, SEC.1.
IC 5-22-5-2 Duties of purchasing agents
Sec. 2. A purchasing agent shall prepare, issue, revise, maintain,
and monitor the use of specifications. As added by P.L.49-1997, SEC.1.
IC 5-22-5-3 Purposes of specifications
Sec. 3. A specification must do the following:
(1) Promote overall economy for the purposes intended.
(2) Encourage competition in satisfying the governmental
body's needs. As added by P.L.49-1997, SEC.1.
IC 5-22-5-4 Indexed file of specifications
Sec. 4. The purchasing agency shall maintain an indexed file of
specifications prepared by or under the authority of its purchasing
agents. As added by P.L.49-1997, SEC.1.
IC 5-22-5-5 Request for specifications
Sec. 5. (a) The procedure described in this section may be used by
a purchasing agent when both of the following are satisfied:
(1) The purchasing agent makes a written determination that the
development of specifications by the governmental body is not
feasible.
(2) The executive of the governmental body approves of the use
of this section.
(b) The purchasing agent may issue a request for specifications
that must include the following:
(1) The factors or criteria that will be used in evaluating the
specifications.
(2) A statement concerning the relative importance of
evaluation factors.
(3) A statement concerning whether discussions may be
conducted with persons proposing specifications to clarify the
specification requirements.
(c) The purchasing agent shall give notice of the request for
specifications under IC 5-3-1.
(d) As provided in the request for specifications, the purchasing
agent may discuss proposed specifications with persons proposing
specifications to clarify specification requirements.
(e) Persons proposing specifications must be accorded fair and
equal treatment with respect to any opportunity for discussion and
revisions of proposed specifications. As added by P.L.49-1997, SEC.1.
IC 5-22-5-6 Purchase of degradable and disposable plastic products
Sec. 6. (a) This section does not apply to a political subdivision.
(b) As used in this section, "biodegradation" means the conversion
of all constituents of a plastic into miscellaneous component parts by
the microbial action of fungi and bacteria upon natural materials such
as cornstarch.
(c) As used in this section, "chemical degradation" means the
conversion of all constituents of a plastic into miscellaneous
component parts through the chemical reactions of additives such as
auto-oxidants and the environment with the plastic.
(d) As used in this section, "degradable" means capable of being
broken down by one (1) or more of the following degradation
processes:
(1) Biodegradation.
(2) Photodegradation.
(3) Chemical degradation.
(e) As used in this section, "photodegradation" means the
conversion of all constituents of a plastic product into miscellaneous
component parts through the physical breakdown of the plastic
product upon sufficient exposure to ultraviolet radiation.
(f) As used in this section, "plastic" includes a hybrid material
containing plastic as a major component.
(g) As used in this section, "refuse bag" means a disposable
plastic bag that is designed to hold garbage, grass clippings, fallen
leaves, or other refuse. The term includes a disposable plastic bag
that is designed to be placed inside and to catch the refuse deposited
in a rigid refuse receptacle.
(h) When purchasing disposable plastic products, including refuse
bags, a governmental body shall purchase disposable plastic products
that are degradable if all the following apply:
(1) Degradable products are available at the time of the
purchase.
(2) It is economically feasible to purchase degradable products.
(3) The purchase of degradable products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses.
(4) The degradable product to be purchased is economically and
functionally the equivalent of disposable plastic products that:
(A) meet applicable specifications; and
(B) are not degradable.
(5) The degradable product to be purchased is, in the
determination of the purchasing agent, a type of product for
which the use of degradable materials is appropriate based
upon:
(A) the functional use of the product; and
(B) whether the product will probably be recycled or
disposed of in a final disposal facility. As added by P.L.49-1997, SEC.1.
IC 5-22-5-7 Purchase of recycled paper products
Sec. 7. (a) This section does not apply to a political subdivision.
(b) A governmental body purchasing paper products shall
purchase recycled paper products if all of the following apply:
(1) Recycled paper products are available at the time of a
purchase.
(2) It is economically feasible to purchase recycled paper
products.
(3) The purchase of recycled paper products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses. As added by P.L.49-1997, SEC.1.
IC 5-22-5-8 Purchase of mid-level blend fuel, E85, and blended biodiesel fuel by
governmental bodies; exemptions
Sec. 8. (a) This section does not apply to a political subdivision,
except a school corporation (as defined in IC 20-18-2-16(a)).
(b) As used in this section, "blended biodiesel" has the meaning
set forth in IC 6-3.1-27-2.
(c) As used in this section, "diesel fueled vehicle" refers to a
vehicle that is capable of using diesel to fuel its primary motor.
(d) As used in this section, "ethanol" means agriculturally derived
ethyl alcohol.
(e) As used in this section, "E85" has the meaning set forth in
IC 6-6-1.1-103.
(f) As used in this section, "gasoline fueled vehicle" refers to a
vehicle that is capable of using gasoline to fuel its primary motor.
(g) As used in this section "mid-level blend fuel" means a fuel
blend consisting of:
(1) at least twenty percent (20%) but not more than
seventy-three percent (73%) ethanol; and
(2) gasoline as the balance.
(h) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(i) Except as provided by subsections (k) and (l), a governmental
body shall whenever possible purchase mid-level blend fuel or E85
to fuel the gasoline fueled vehicles owned or operated by the
governmental body.
(j) Except as provided by subsections (k) and (l), a governmental
body shall whenever possible purchase blended biodiesel fuel to fuel
the diesel fueled vehicles owned or operated by the governmental
body.
(k) The following vehicles are exempt from the requirements of
subsections (i) and (j):
(1) A vehicle that is leased by the governmental body for thirty
(30) days or less.
(2) A vehicle that:
(A) is primarily powered by an electric motor; or
(B) can use only propane, compressed or liquified natural
gas, or methanol as its fuel source.
(l) The following vehicles are exempt from the requirements of
subsection (i) or (j), whichever is appropriate:
(1) A gasoline fueled vehicle in which the use of mid-level
blend fuel or E85 has not been approved by the manufacturer.
(2) A diesel fueled vehicle in which the use of blended
biodiesel fuel has not been approved by the manufacturer.
(3) A gasoline fueled vehicle in which the use of mid-level
blend fuel is prohibited by the federal Clean Air Act (42 U.S.C.
7401 et seq.). As added by P.L.274-2001, SEC.1. Amended by P.L.6-2005, SEC.1;
P.L.148-2009, SEC.1.
IC 5-22-5-8.5 State entities required to purchase or lease clean energy vehicles;
exceptions; rules; reports
Sec. 8.5. (a) As used in this section, "clean energy vehicle" means
any of the following:
(1) A vehicle that operates on one (1) or more of the following
energy sources:
(A) A rechargeable energy storage system.
(B) Hydrogen.
(C) Compressed air.
(D) Compressed or liquid natural gas.
(E) Solar energy.
(F) Liquefied petroleum gas.
(G) Any other alternative fuel (as defined in
IC 6-3.1-31.9-1).
(2) A vehicle that operates on gasoline and one (1) or more of
the energy sources listed in subdivision (1).
(3) A vehicle that operates on diesel fuel and one (1) or more of
the energy sources listed in subdivision (1).
(b) As used in this section, "state entity" means the following:
(1) A state agency.
(2) Any other authority, board, branch, commission, committee,
department, division, or other instrumentality of the executive
(including the administrative), legislative, or judicial
department of state government.
The term includes a state elected official's office and excludes a state
educational institution.
(c) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(d) Except as provided in subsection (e), if a state entity purchases
or leases a vehicle after December 31, 2009, it must purchase or
lease a clean energy vehicle unless the Indiana department of
administration determines that the purchase or lease of a clean
energy vehicle:
(1) is inappropriate because of the purposes for which the
vehicle will be used; or
(2) would cost at least ten percent (10%) more than the
purchase or lease of a vehicle that:
(A) is not a clean energy vehicle; and
(B) is designed and equipped comparably to the clean energy
vehicle.
(e) The requirements of subsection (d) do not apply to the:
(1) purchase or lease of vehicles by or for the state police
department; and
(2) short term or temporary lease of vehicles.
(f) The Indiana department of administration shall, before January
1, 2010, adopt rules or guidelines to provide a preference for the
purchase or lease by state entities of clean energy vehicles
manufactured wholly or partially in Indiana or containing parts
manufactured in Indiana.
(g) Before August 1 of 2010 and each year thereafter, each state
entity shall submit to the Indiana department of administration
information regarding the use of clean energy vehicles by the state
entity. The information must specify the following for the preceding
state fiscal year:
(1) The amount of alternative fuels purchased by the state
entity.
(2) The amount of conventional fuels purchased by the state
entity.
(3) The average price per gallon paid by the state entity for each
type of fuel purchased by the state entity.
(4) The total number of vehicles purchased or leased by the
state agency that were clean energy vehicles and the total
number of vehicles purchased or leased by the state agency that
were not clean energy vehicles.
(5) Any other information required by the Indiana department
of administration.
(h) Before September 1 of 2010 and each year thereafter, the
Indiana department of administration shall submit to the general
assembly in an electronic format under IC 5-14-6 and to the governor
a report that lists the information required under subsection (g) for
each state entity and for all state agencies in the aggregate. As added by P.L.151-2009, SEC.3.
IC 5-22-5-9 Purchases of biobased products
Sec. 9. (a) This section applies to a purchase of supplies by any of
the following:
(1) A governmental body.
(2) A state educational institution.
(b) As used in this section, "biobased product" refers to an item
designated by the United States Department of Agriculture as a
biobased product for federal procurement under Section 9002 of the
federal Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8102).
(c) A governmental body or a state educational institution shall,
whenever possible, purchase biobased products if all of the following
apply:
(1) Biobased products are available at the time of the purchase.
(2) It is economically feasible to purchase biobased products.
(3) The purchase of biobased products is not inappropriate
because of:
(A) federal regulations or policy in matters involving the
federal government; or
(B) the special requirements of scientific uses. As added by P.L.19-2007, SEC.2.
