Text: SF00281 Text: SF00283 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 282 1 2 1 3 AN ACT 1 4 RELATING TO PRACTICES AND PROCEDURES OF THE DEPARTMENT OF 1 5 GENERAL SERVICES, REGULATING STATE PURCHASING OF RECYCLED 1 6 PAPER, MODIFYING AN APPROPRIATION TO THE DEPARTMENT, AND 1 7 PROVIDING AN EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 18.6, subsection 9, paragraph b, Code 1 12 1999, is amended to read as follows: 1 13 b. In awarding a contract, the department shall let the 1 14 work to the lowest responsible bidder submitting a sealed 1 15 proposal. However, if the department considers the bids 1 16 received not to be acceptable, all bids may be rejected and 1 17 new bids requested. A bid shall be accompanied by a certified 1 18 or cashier's check or bid bond in an amount designated in the 1 19 advertisement for bids as security that the bidder will enter 1 20 into a contract for thedoing of thework requested. The 1 21 department shall establish the bid security in an amount equal 1 22 to at least five percent, but not more than ten percent of the 1 23 estimated total cost of the work. The certified or cashier's 1 24 checks or bid bonds of unsuccessful bidders shall be returned 1 25 as soon as the successful bidder is determined. The certified 1 26 or cashier's check or bid bond of the successful bidder shall 1 27 be returned upon execution of the contract. This section does 1 28 not apply to the construction, erection, demolition, 1 29 alteration, or repair of a public improvement when the 1 30 contracting procedure for the work requested is otherwise 1 31 provided for in law. 1 32 Sec. 2. Section 18.12, subsection 9, paragraph a, Code 1 33 1999, is amended to read as follows: 1 34 a. Lease all buildings and office space necessary to carry 1 35 out the provisions of this chapter or necessary for the proper 2 1 functioning of any state agency at the seat of government,2 2with the approval of the executive council if. For state 2 3 agencies at the seat of government, the director may lease 2 4 buildings and office space in Polk county or in a county 2 5 contiguous to Polk county. If no specific appropriation has 2 6 been made, the proposed lease shall be submitted to the 2 7 executive council for approval. The cost of any lease for 2 8 which no specific appropriation has been made shall be paid 2 9 from the fund provided in section 7D.29. 2 10 Sec. 3. Section 18.18, Code 1999, is amended to read as 2 11 follows: 2 12 18.18 STATE PURCHASES – RECYCLED PRODUCTS – SOYBEAN- 2 13 BASED INKS. 2 14 1. When purchasing paper products other than printing and 2 15 writing paper, the department shall, when the price is 2 16 reasonably competitive and the quality as intended, purchase 2 17 the recycled product. The department shall also purchase, 2 18 when the price is reasonably competitive and the quality as 2 19 intended, and in keeping with the schedule established in this 2 20 subsection, soybean-based inks and plastic products with 2 21 recycled content including but not limited to plastic garbage 2 22 can liners. 2 23 a. One hundred percent of the purchases of inks which are 2 24 used for newsprint printing services performed internally or 2 25 contracted for by the department shall be soybean-based. 2 26 b. One hundred percent of the purchases of inks, other 2 27 than inks which are used for newsprint printing services, and 2 28 which are used internally or contracted for by the department, 2 29 shall be soybean-based to the extent formulations for such 2 30 inks are available. 2 31 c. A minimum of ten percent of the purchases of garbage 2 32 can liners made by the department shall be plastic garbage can 2 33 liners with recycled content. The percentage shall increase 2 34 by ten percent annually until fifty percent of the purchases 2 35 of garbage can liners are plastic garbage can liners with 3 1 recycled content. 3 2 d. The department shall report to the general assembly on 3 3 February 1 of each year the following: 3 4 (1) A listing of plastic products which are regularly 3 5 purchased by the department and other state agencies for which 3 6 recycled content product alternatives are available, including 3 7 the cost of the plastic products purchased and the cost of the 3 8 recycled content product alternatives. 3 9 (2) Information relating to soybean-based inks and plastic 3 10 garbage can liners with recycled content regularly purchased 3 11 by the department and other state agencies, including the cost 3 12 of purchasing soybean-based inks and plastic garbage can 3 13 liners with recycled content and the percentages of soybean- 3 14 based inks and plastic garbage can liners with recycled 3 15 content that have been purchased. 3 16 e. For purposes of thissectionsubsection "recycled 3 17 content" means that the content of the product contains a 3 18 minimum of thirty percent postconsumer material. 3 19 2. a.As used in this subsection, unless the context3 20otherwise requires:3 21(1) "Postconsumer material" means only those products3 22generated by a business or consumer which have served their3 23intended end uses, and which have been separated or diverted3 24from solid waste for the purposes of collection, recycling,3 25and disposition. Postconsumer material does not include3 26manufacturing wastes.3 27(2) "Recycled paper" means a paper product with not less3 28than fifty percent of its total weight consisting of secondary3 29and postconsumer material. At least ten percent of the total3 30weight of recycled paper shall be postconsumer materials.3 31(3) "Secondary material" means fragments of finished3 32products or finished products of a manufacturing process which3 33has converted a resource into a commodity of real economic3 34value, and includes postconsumer material but does not include3 35excess virgin resources of the manufacturing process.4 1b. TheExcept as otherwise provided in this section, the 4 2 department, in conjunction with recommendations made by the4 3department of natural resources,shall purchase and use 4 4 recycled printing and writing paper so thatfifty percent by4 5January 1, 1992, seventy-five percent by January 1, 1996, and4 6 ninety percent by January 1, 2000, of the volume of printing 4 7 and writing paper purchased is recycled paper. The recycled 4 8 printing and writing paper shall meet the requirements for 4 9 procuring recycled printing and writing paper set forth in 40 4 10 C.F.R., pt. 247, and in related recovered materials advisory 4 11 notices issued by the United States environmental protection 4 12 agency. 4 13c. The department shall adopt standards for the allowable4 14content of postconsumer and secondary material of recycled4 15paper which shall conform with but may be more stringent than4 16the American society for testing and materials standards.4 17d.b. The department shall establish a prioritization 4 18 procedure for the purchase of recycled paper which provides 4 19 for a five percent differential in the cost of the purchase of 4 20 paper which has been recycled through the use of a 4 21 nonchlorinated process. 4 22e.c. If a provision under this subsection results in the 4 23 limitation of sources for the purchase of printing and writing 4 24 paper to three or fewer sources, the department may waive the 4 25 requirement in order to purchase necessary amounts of printing 4 26 and writing paper. 4 27f. The department of general services, in conjunction with4 28the department of natural resources, shall review the4 29availability of a higher percentage content of postconsumer4 30content printing and writing paper and shall, by rule, adjust4 31the percentage requirement accordingly.4 32g.d. Notwithstanding the requirements of this subsection 4 33 regarding the purchase of recycled printing and writing paper, 4 34 the department shall purchase acid-free permanent paper in the 4 35 amount necessary for the production or reproduction of 5 1 documents, papers, or similar materials produced or reproduced 5 2 for permanent preservation pursuant to law. 5 3 3. The department of general services, in conjunction with 5 4 the department of natural resources, shall review the 5 5 procurement specifications currently used by the state to 5 6 eliminate, wherever possible, discrimination against the 5 7 procurement of products manufactured with recovered materials 5 8 and soybean-based inks. 5 9 4. The department of natural resources shall assist the 5 10 department of general services in locating suppliers of 5 11 recycled products and soybean-based inks and collecting data 5 12 on recycled content and soybean-based ink purchases. 5 13 5. Information on recycled content shall be requested on 5 14 all bids for paper products other than printing and writing 5 15 paper issued by the state and on other bids for products which 5 16 could have recycled content such as oil, plastic products, 5 17 including but not limited to compost materials, aggregate, 5 18 solvents, soybean-based inks, and rubber products. Except for 5 19 purchases of printing and writing paper made pursuant to 5 20 subsection 2, paragraphs "c" and "d", the department of 5 21 general services shall require persons submitting bids for 5 22 printing and writing paper to certify that the printing and 5 23 writing paper proposed complies with the requirements referred 5 24 to in subsection 2, paragraph "a". 5 25 6. The department of general services, in conjunction with 5 26 the department of natural resources, shall adopt rulesand5 27regulationstocarry out the provisions ofadminister this 5 28 section. 5 29 7. All state agencies shall fully cooperate with the 5 30 departments of general services and natural resources in all 5 31 phases of implementing this section. 5 32 8. The department, whenever technically feasible, shall 5 33 purchase and use degradable loose foam packing material 5 34 manufactured from grain starches or other renewable resources, 5 35 unless the cost of the packing material is more than ten 6 1 percent greater than the cost of packing material made from 6 2 nonrenewable resources. For the purposes of this subsection, 6 3 "packing material" means material, other than an exterior 6 4 packing shell, that is used to stabilize, protect, cushion, or 6 5 brace the contents of a package. 6 6 Sec. 4. Section 18.27, subsection 5, Code 1999, is amended 6 7 by striking the subsection. 6 8 Sec. 5. Section 18.28, Code 1999, is amended to read as 6 9 follows: 6 10 18.28 "PRINTING" DEFINED. 6 11 As used in chapter 7A and sections 18.26 to 18.103, 6 12 "printing" means the reproduction of an image from a printing 6 13 surface made generally by a contact impression that causes a 6 14 transfer of ink,orthe reproduction of an impression by a 6 15 photographic process, or the reproduction of an image by 6 16 electronic means and shall include binding and may include 6 17 material, processes, or operations necessary to produce a 6 18 finished printed product, but shall not include binding, 6 19 rebinding or repairs of books, journals, pamphlets, magazines 6 20 and literary articles by any library of the state or any of 6 21 its offices, departments, boards and commissions held as a 6 22 part of their library collection. 6 23 Sec. 6. Section 18.37, Code 1999, is amended to read as 6 24 follows: 6 25 18.37 DEPOSIT WITH BID OR YEARLY BOND. 6 26 When a bidder submits a bid to the department, the director 6 27 may require the bidder to file a bid bond or a certified or 6 28 cashier's check payable to the state treasurer in an amount to 6 29 be fixed in the bid specifications, either covering all 6 30 classes or items or services, or separate certified or 6 31 cashier's checks for each bid in case the bidder makes more 6 32 than one bid. In lieu of a certified or cashier's check, the 6 33 bidder may furnish a yearly bond in an amount to be 6 34 established by the director. Certified or cashier's checks 6 35 deposited by unsuccessful bidders, and by successful bidders 7 1 when they have entered into the contract, shall be returned to 7 2 them. 7 3 Sec. 7. Section 18.43, Code 1999, is amended to read as 7 4 follows: 7 5 18.43 DUTY TO ENTER INTO CONTRACT – FORFEITURE. 7 6 If the department requires a bid bond or certified or 7 7 cashier's check as provided in section 18.37, a successful 7 8 bidder shall, within ten days after the award, enter into a 7 9 contract in accordance with the bid. Unless this is done, or 7 10 the delay is for reasons satisfactory to the director, the bid 7 11 bond or certified or cashier's check submitted with the bid 7 12 shall be forfeited to the state. The bid specifications on 7 13 which the bid is made constitute a part of the contract. 7 14 Sec. 8. Section 216B.3, subsection 14, Code 1999, is 7 15 amended to read as follows: 7 16 14.In conjunction with the recommendations made by the7 17department of natural resources, purchasePurchase and use 7 18 recycled printing and writing paper in accordance with the 7 19 schedule established in section 18.18; establish a wastepaper 7 20 recycling program, by January 1, 1990, in accordance with the 7 21 recommendations made by the department of natural resources 7 22 and requirements of section 18.20; and, in accordance with 7 23 section 18.6, require product content statements, the 7 24 provision of information regarding on-site review of waste 7 25 management in product bidding and contract procedures, and 7 26 compliance with requirements regarding contract bidding. 7 27 Sec. 9. Section 262.9, subsection 6, Code 1999, is amended 7 28 to read as follows: 7 29 6.In conjunction with the recommendations made by the7 30department of natural resources, purchasePurchase and use 7 31 recycled printing and writing paper, with the exception of 7 32 specialized paper when no recyclable product is available, in 7 33 accordance with the schedule established in section 18.18; 7 34 establish a wastepaper recycling program for all institutions 7 35 governed by the board in accordance with recommendations made 8 1 by the department of natural resources and the requirements of 8 2 section 18.20; shall, in accordance with the requirements of 8 3 section 18.6, require product content statements, the 8 4 provision of information regarding on-site review of waste 8 5 management in product bidding and contract procedures, and 8 6 compliance with requirements regarding procurement 8 7 specifications; and shall comply with the requirements for the 8 8 purchase of lubricating oils and industrial oils as 8 9 established pursuant to section 18.22. 8 10 Sec. 10. Section 307.21, subsection 4, paragraph b, 8 11 subparagraph (1), Code 1999, is amended to read as follows: 8 12 (1) Purchase and use recycled printing and writing paper 8 13 in accordance with the schedule established in section 18.18 8 14and in conjunction with recommendations made by the department8 15of natural resources. 8 16 Sec. 11. 1998 Iowa Acts, chapter 1219, section 6, 8 17 subsection 1, unnumbered paragraph 3, is amended to read as 8 18 follows: 8 19 Of the amount appropriated in this subsection, up to 8 20 $1,250,000 may be used by the department for the purchase of 8 21 property located at the southwest corner of Lyon street and 8 22 East Tenth street, together with the contiguous property south 8 23 of the southwest corner property and the property between East 8 24 Tenth street and East Eleventh street between Lyon street and 8 25 Des Moines street, all in the city of Des Moines. 8 26 Sec. 12. EFFECTIVE DATE. Section 11 of this Act, being 8 27 deemed of immediate importance, takes effect upon enactment. 8 28 8 29 8 30 8 31 MARY E. KRAMER 8 32 President of the Senate 8 33 8 34 8 35 9 1 RON J. CORBETT 9 2 Speaker of the House 9 3 9 4 I hereby certify that this bill originated in the Senate and 9 5 is known as Senate File 282, Seventy-eighth General Assembly. 9 6 9 7 9 8 9 9 MICHAEL E. MARSHALL 9 10 Secretary of the Senate 9 11 Approved , 1999 9 12 9 13 9 14 9 15 THOMAS J. VILSACK 9 16 Governor
Text: SF00281 Text: SF00283 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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