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