SSB 3099 (LSB 6606XC (2) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER)

A BILL FOR

An Act relating to fire fighting foam purchased by state agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  8A.316A  Fire fighting materials —— preferences.
   The department shall do all of the following:
   1.  Develop procedures and specifications for the purchase of soybean-based fire fighting foam that does not contain perfluoroalkyl or polyfluoroalkyl substances or fluorine components and is certified by the United States department of agriculture as a certified biobased product.
   2.  Require that purchases of fire fighting foam be made from a seller whose product contains the greatest content of soybean-based materials without containing perfluoroalkyl or polyfluoroalkyl substances or fluorine components unless one of the following circumstances regarding a specific fire fighting foam exists:
   a.  The product is not available within a reasonable period of time or in the necessary quantity or appropriate container size to meet a state agency’s needs.
   b.  The product does not meet the class A and class B fire extinguishment performance tests in accordance with the national fire protection association’s standard on wetting agents, NFPA 18.
   c.  The product is only available at a cost greater than one hundred five percent of the cost of comparable fire fighting foam that is not soybean-based or that contains perfluoroalkyl or polyfluoroalkyl substances or fluorine components.
   3.  Establish and maintain a preference program for procuring biobased fire fighting foam containing the greatest content of soybean-based materials without containing perfluoroalkyl or polyfluoroalkyl substances or fluorine components. The preference program must include but is not limited to all of the following:
   a.  The inclusion of the preferences for fire fighting foam products in publications used to solicit bids for fire fighting foam from suppliers.
   b.  The provision of a description of the fire fighting foam procurement program at bidders’ conferences in which bids for the sale of fire fighting foam are sought by the department or an authorized state agency.
   c.  Discussion of the preference requirements in fire fighting foam procurement solicitations or invitations to bid.
   d.  Efforts to inform industry trade associations about the preference program.
   4.  a.  Provide that when purchasing fire fighting foam, the department or a state agency authorized by the department to directly purchase fire fighting foam shall give preference to purchasing biobased fire fighting foam manufactured from soybeans.
   b.  Provide for the implementation of requirements necessary to carry out this subsection, which must include all of the following:
   (1)  Including the preference requirements in publications used to solicit bids for fire fighting foam.
   (2)  Describing the preference requirements at bidders’ conferences in which bids for the sale of fire fighting foam are sought by the department or authorized state agency.
   (3)  Discussing the preference requirements in procurement solicitations or invitations to bid for fire fighting foam.
   (4)  Informing industry trade associations about the preference requirements.
    Sec. 2.  Section 8A.317, subsection 3, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  A soybean-based fire fighting foam as provided in section 8A.316A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the department of administrative services (DAS) to develop procedures and specifications for the purchase of soybean-based fire fighting foam that does not contain perfluoroalkyl or polyfluoroalkyl substances or fluorine components and that is certified by the United States department of agriculture as a biobased product. DAS must require that purchases of fire fighting foam be made from the seller whose product contains the greatest content of soybean-based materials without containing perfluoroalkyl or polyfluoroalkyl substances or fluorine components unless such fire fighting foam is unavailable to meet a state agency’s needs, does not meet the standards of the national fire protection association, or costs more than 105 percent of the cost of fire fighting foam that is not soybean-based or contains perfluoroalkyl or polyfluoroalkyl substances or fluorine components.
   DAS must create a program for procuring the preferred fire fighting foam and must share information about the preferences for fire fighting foam products in publications used to solicit bids, at bidders’ conferences, in procurement solicitations or invitations to bid, and with industry trade associations.
   DAS must provide that when purchasing fire fighting foam, DAS or a state agency authorized by DAS to directly purchase fire fighting foam shall give preference to purchasing biobased fire fighting foam manufactured from soybeans. DAS must provide for the implementation of requirements necessary for DAS or a state agency to carry out the preference requirement, including by distributing the preference requirements to sellers.
   The bill provides that Code section 8A.317 (state purchases —— designated biobased products) does not apply to soybean-based fire fighting foam under the bill.