Senate File 2361 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2361
  1  2
  1  3                             AN ACT
  1  4 PROVIDING FOR THE PROCUREMENT OF DESIGNATED BIOBASED PRODUCTS
  1  5    BY STATE GOVERNMENT.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 8A.311, subsection 14, Code Supplement
  1 10 2007, is amended by adding the following new paragraph:
  1 11    NEW PARAGRAPH.  c.  The procurement of designated biobased
  1 12 products in accordance with the requirements of section
  1 13 8A.317.
  1 14    Sec. 2.  NEW SECTION.  8A.317  STATE PURCHASES ==
  1 15 DESIGNATED BIOBASED PRODUCTS.
  1 16    1.  As used in this section, unless the context otherwise
  1 17 requires:
  1 18    a.  "Biobased material" means the same as defined in
  1 19 section 469.31.
  1 20    b.  "Designated biobased product" means a biobased product
  1 21 as defined in section 469.31, and includes a product
  1 22 determined by the United States department of agriculture to
  1 23 be a commercial or industrial product, other than food or
  1 24 feed, that is composed, in whole or in significant part, of
  1 25 biological products, including renewable domestic agricultural
  1 26 materials including plant, animal, and marine materials, or
  1 27 forestry materials as provided in 7 U.S.C. } 8102.
  1 28    2.  The department shall do all of the following:
  1 29    a.  Develop procedures and specifications for the purchase
  1 30 of designated biobased products.  The department may develop
  1 31 specifications after consulting guidelines or regulations
  1 32 promulgated by the United States department of agriculture
  1 33 pursuant to section 7 U.S.C. } 8102.
  1 34    b.  Require that a purchase of a designated biobased
  1 35 product be made from the seller whose designated biobased
  2  1 product contains the greatest percentage of biobased
  2  2 materials, unless any of the following applies:
  2  3    (1)  The designated biobased product is not available
  2  4 within a reasonable period of time or in quantities necessary
  2  5 or in container sizes appropriate to meet a state agency's
  2  6 needs.
  2  7    (2)  The designated biobased product does not meet
  2  8 performance requirements or standards recommended by a
  2  9 manufacturer, including any warranty requirements.
  2 10    (3)  The designated biobased product does not meet the
  2 11 functional requirements and evaluation criteria identified in
  2 12 bid documents.  Functional requirements to be considered may
  2 13 include but are not limited to the designated biobased
  2 14 product's conformance with ASTM (American society for testing
  2 15 and materials) international standards.
  2 16    (4)  The purchase of the designated biobased product
  2 17 conflicts with section 8A.311, subsection 1, paragraph "a".
  2 18    (5)  The designated biobased product is available only at a
  2 19 cost greater than one hundred five percent of the cost of
  2 20 comparable products which are not biobased.
  2 21    c.  Establish and maintain a preference program for
  2 22 procuring the maximum content of biobased materials in
  2 23 biobased products.  The preference program shall include but
  2 24 is not limited to all of the following:
  2 25    (1)  The inclusion of preferences for designated biobased
  2 26 products in publications used to solicit bids from suppliers.
  2 27    (2)  The provision of a description of the preference
  2 28 program at bidders' conferences.
  2 29    (3)  Discussion of the preference program in requests for
  2 30 proposals or invitations to bid.
  2 31    (4)  Efforts to inform industry trade associations about
  2 32 the preference program.
  2 33    3.  This section does not apply to a biobased product which
  2 34 is subject to requirements for procurement in another
  2 35 provision of this chapter including but not limited to any of
  3  1 the following:
  3  2    a.  Soybean=based ink as provided in section 8A.315.
  3  3    b.  Degradable loose foam packing material manufactured
  3  4 from grain starches or other renewable resources as provided
  3  5 in section 8A.315.
  3  6    c.  A biobased hydraulic fluid, grease, or other industrial
  3  7 lubricant as provided in section 8A.316.
  3  8    4.  When evaluating a bid for the purchase of designated
  3  9 biobased products, the department may take into consideration
  3 10 warranty provisions and life cycle cost estimates.
  3 11    Sec. 3.  Section 216B.3, Code Supplement 2007, is amended
  3 12 by adding the following new subsection:
  3 13    NEW SUBSECTION.  17A.  Give preference to purchasing
  3 14 designated biobased products in the same manner as provided in
  3 15 section 8A.317.
  3 16    Sec. 4.  NEW SECTION.  260C.19C  PURCHASE OF DESIGNATED
  3 17 BIOBASED PRODUCTS.
  3 18    The board of directors providing services to a merged area
  3 19 shall give preference to purchasing designated biobased
  3 20 products in the same manner as provided in section 8A.317.
  3 21    Sec. 5.  NEW SECTION.  262.25C  PURCHASE OF DESIGNATED
  3 22 BIOBASED PRODUCTS.
  3 23    The state board of regents and institutions under the
  3 24 control of the board purchasing products shall give preference
  3 25 to purchasing designated biobased products in the same manner
  3 26 as provided in section 8A.317.
  3 27    Sec. 6.  Section 307.21, subsection 4, paragraph b, Code
  3 28 Supplement 2007, is amended by adding the following new
  3 29 subparagraph:
  3 30    (5)  Give preference to purchasing designated biobased
  3 31 products in the same manner as provided in section 8A.317.
  3 32    Sec. 7.  NEW SECTION.  904.312C  PURCHASE OF DESIGNATED
  3 33 BIOBASED PRODUCTS.
  3 34    The department shall give preference to purchasing
  3 35 designated biobased products in the same manner as provided in
  4  1 section 8A.317.
  4  2
  4  3
  4  4                                                             
  4  5                               JOHN P. KIBBIE
  4  6                               President of the Senate
  4  7
  4  8
  4  9                                                             
  4 10                               PATRICK J. MURPHY
  4 11                               Speaker of the House
  4 12
  4 13    I hereby certify that this bill originated in the Senate and
  4 14 is known as Senate File 2361, Eighty=second General Assembly.
  4 15
  4 16
  4 17                                                             
  4 18                               MICHAEL E. MARSHALL
  4 19                               Secretary of the Senate
  4 20 Approved                , 2008
  4 21
  4 22
  4 23                                
  4 24 CHESTER J. CULVER
  4 25 Governor