| 1 | Representative Gibbons offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 32-33, insert: |
| 5 | Section 1. Section 287.045, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 287.045 Procurement of products and materials with |
| 8 | recycled content; procurement of remanufactured products, |
| 9 | equipment, and instruments.-- |
| 10 | (1)(a) The department, in cooperation with the Department |
| 11 | of Environmental Protection, shall review and revise existing |
| 12 | procurement procedures and specifications for the purchase of |
| 13 | products, equipment, and materials, and instruments to eliminate |
| 14 | any procedures and specifications that explicitly discriminate |
| 15 | against products and materials with recycled content, or |
| 16 | remanufactured products, equipment, or instruments, except where |
| 17 | such procedures and specifications are necessary to protect the |
| 18 | public health, safety, and welfare. |
| 19 | (b) Each agency shall review and revise its procurement |
| 20 | procedures and specifications for the purchase of products, |
| 21 | equipment, and materials, and instruments to eliminate any |
| 22 | procedures and specifications that explicitly discriminate |
| 23 | against products and materials with recycled content, or |
| 24 | remanufactured products, equipment, or instruments, except if |
| 25 | such procedures and specifications are necessary to protect the |
| 26 | public health, safety, and welfare. |
| 27 | (2)(a) The department and each agency shall review and |
| 28 | revise its procurement procedures and specifications for the |
| 29 | purchase of products, equipment, and materials, and instruments |
| 30 | to ensure to the maximum extent feasible that each agency uses |
| 31 | state contracts to purchase products, equipment, or materials, |
| 32 | or instruments that may be recycled, or reused, or |
| 33 | remanufactured when such these products, equipment, or |
| 34 | materials, or instruments are discarded. |
| 35 | (b) The Auditor General shall assist in monitoring the |
| 36 | product procurement requirements of this section. |
| 37 | (3) As part of the review and revision required in |
| 38 | subsection (2), the department and each agency shall review its |
| 39 | procurement provisions and specifications for the purchase of |
| 40 | products, equipment, and materials, and instruments to determine |
| 41 | which products or materials with recycled content, and which |
| 42 | remanufactured products, equipment, or instruments, could be |
| 43 | procured by the department or other agencies and, where |
| 44 | applicable, the amount of recycled content that can |
| 45 | technologically be contained in procured such products or |
| 46 | materials. The department and other agencies must use the |
| 47 | amounts of recycled content and postconsumer recovered material |
| 48 | determined by the department, or state that products, equipment, |
| 49 | or instruments are remanufactured, in issuing solicitations for |
| 50 | contracts for the purchase of such products, equipment, or |
| 51 | materials, or instruments. |
| 52 | (4) Upon completion of the review required in subsection |
| 53 | (3), the department and other agencies shall require that a |
| 54 | person who submits a bid, proposal, or reply for a contract for |
| 55 | the purchase of products, equipment, or materials, or |
| 56 | instruments identified in subsection (3) and who wishes to be |
| 57 | considered for the price preference described in subsection (5) |
| 58 | certify in writing the percentage of recycled content in the |
| 59 | product or material that is subject to the bid, proposal, or |
| 60 | reply or certify in writing that the products, equipment, or |
| 61 | instruments that are subject to the bid, proposal, or reply are |
| 62 | remanufactured. A person may certify that the product or |
| 63 | material contains no recycled content or that the product, |
| 64 | equipment, or instrument is original equipment. |
| 65 | (5) Upon evaluation of bids, proposals, or replies for |
| 66 | every public contract that involves the purchase of products, |
| 67 | equipment, or materials, or instruments identified in subsection |
| 68 | (3), the department or other agency shall identify the lowest |
| 69 | responsible and responsive vendor and other responsible and |
| 70 | responsive vendors who have certified that the products or |
| 71 | materials contain at least the minimum percentage of recycled |
| 72 | content and postconsumer recovered material, or who have |
| 73 | certified that the products, equipment, or instruments are |
| 74 | remanufactured, as that is set forth in the solicitation. The |
| 75 | department or agency may consider life-cycle costing when |
| 76 | evaluating a bid, proposal, or reply on a product that consists |
| 77 | of recycled materials or on remanufactured products, equipment, |
| 78 | or instruments. The department shall adopt rules that specify |
| 79 | the criteria to be used when considering life-cycle costing in |
| 80 | evaluating bids, proposals, or replies. The rules must take into |
| 81 | consideration the specified warranty periods for products, |
| 82 | equipment, or instruments and the comparative expected service |
| 83 | life relative to the cost of the products, equipment, or |
| 84 | instruments. In awarding a contract for the purchase of |
| 85 | products, equipment, or materials, or instruments, the |
| 86 | department or other agency may allow up to a 10-percent price |
| 87 | preference to a responsible and responsive vendor who has |
| 88 | certified that the products or materials contain at least the |
| 89 | minimum percentage of recycled content and postconsumer |
| 90 | recovered material, or are remanufactured products, equipment, |
| 91 | or instruments, and up to an additional 5-percent price |
| 92 | preference to a responsible and responsive vendor who has |
| 93 | certified that the products or materials material are made of |
| 94 | materials recovered in this state or that the products, |
| 95 | equipment, or instruments are remanufactured in this state. The |
| 96 | amount of the price preference must be commensurate with the |
| 97 | certified amounts of recycled material and postconsumer |
| 98 | recovered material and materials recycled from products in this |
| 99 | state, contained in the product or materials, or with the |
| 100 | certification that the products, equipment, or instruments are |
| 101 | remanufactured or remanufactured in this state, on a sliding |
| 102 | scale as established by department rule, which rule shall not |
| 103 | become effective prior to November 1, 1994. Reusable materials |
| 104 | and products and remanufactured products, equipment, and |
| 105 | instruments shall be used where economically and technically |
| 106 | feasible. If no vendors offer products or materials with |
| 107 | measurable life-cycle costing factors or the minimum prescribed |
| 108 | recycled and postconsumer content, or remanufactured products, |
| 109 | equipment, or instruments, the contract must be awarded to the |
| 110 | lowest qualified responsible and responsive vendor. |
| 111 | (6) For the purposes of this section, the term: |
| 112 | (a) "Recycled content" means materials that have been |
| 113 | recycled that are contained in the products or materials to be |
| 114 | procured, including, but not limited to, paper, aluminum, steel, |
| 115 | glass, plastics, and composted material. The term does not |
| 116 | include the virgin component of internally generated scrap that |
| 117 | is commonly used in industrial or manufacturing processes or |
| 118 | such waste or scrap purchased from another manufacturer who |
| 119 | manufactures the same or a closely related product. Recycled |
| 120 | content printing and fine writing grades of paper shall contain |
| 121 | at least 10 percent postconsumer recovered materials. |
| 122 | (b) "Remanufactured" refers to a product, equipment, or |
| 123 | instrument that has undergone rebuilding, repair, or restoration |
| 124 | to meet or exceed the original equipment manufacturer's |
| 125 | specifications and which may be sold and serviced by a third |
| 126 | party and may carry a warranty that is different from the |
| 127 | warranty provided by the original equipment manufacturer. |
| 128 | (7) Any person may request the department to evaluate a |
| 129 | product or material with recycled content, or remanufactured |
| 130 | product, equipment, or instrument, if the product, equipment, or |
| 131 | material, or instrument is eligible for inclusion under state |
| 132 | contracts. The department shall review each reasonable proposal |
| 133 | to determine its merit and, if it finds that the product, |
| 134 | equipment, or material, or instrument may be used beneficially, |
| 135 | it may incorporate that product, equipment, or material, or |
| 136 | instrument into its procurement procedures. |
| 137 | (8) The department and each agency shall review and revise |
| 138 | its procedures and specifications on a continuing basis to |
| 139 | encourage the use of products and materials with recycled |
| 140 | content and postconsumer recovered material, and remanufactured |
| 141 | products, equipment, and instruments, and shall, in developing |
| 142 | new procedures and specifications, encourage the use of products |
| 143 | and materials with recycled content and postconsumer recovered |
| 144 | material and remanufactured products, equipment, and |
| 145 | instruments. |
| 146 | (9) After November 1, 1994, The department may discontinue |
| 147 | contracting for products or materials the recycled content of |
| 148 | which does not meet the requirements of subsection (3), and may |
| 149 | discontinue contracting for remanufactured products, equipment, |
| 150 | or instruments which do not meet the requirements of subsection |
| 151 | (3), if it determines that products, equipment, or materials, or |
| 152 | instruments meeting those requirements are available at a cost |
| 153 | not to exceed an additional 10 percent of comparable virgin |
| 154 | products or original equipment products, equipment, or |
| 155 | instruments. |
| 156 | (10)(a) An agency, or a vendor contracting with such |
| 157 | agency with respect to work performed under contract, must |
| 158 | procure products or materials with recycled content, or |
| 159 | remanufactured products, equipment, or instruments, if the |
| 160 | department determines that those products, equipment, or |
| 161 | materials, or instruments are available pursuant to subsection |
| 162 | (5). |
| 163 | (b) Notwithstanding any other provision to the contrary, |
| 164 | for the purpose of this section, the term "agency" means any of |
| 165 | the various state officers, departments, boards, commissions, |
| 166 | divisions, bureaus, and councils and any other unit of |
| 167 | organization, however designated, of the executive branch |
| 168 | including the Department of the Lottery, the legislative branch, |
| 169 | the judicial branch, the university and college boards of |
| 170 | trustees, and the state universities and colleges. |
| 171 | (c) A decision not to procure such items must be: |
| 172 | 1. Based on the department's determination that such |
| 173 | procurement: |
| 174 | a. Is not reasonably available within an acceptable period |
| 175 | of time; or |
| 176 | b. Fails to meet the performance standards set forth in |
| 177 | the applicable specifications; or |
| 178 | c. Fails to meet the performance standards of the agency. |
| 179 | 2. Accompanied by a detailed technological justification |
| 180 | prepared by the department explaining the need to use or obtain |
| 181 | products or materials that do not contain recycled content or |
| 182 | original equipment manufacturers' products, equipment, or |
| 183 | instruments instead of products or materials containing recycled |
| 184 | content or remanufactured products, equipment, or instruments. |
| 185 | (11) Each agency shall report annually to the department |
| 186 | its total expenditures on, and use of, products with recycled |
| 187 | content and remanufactured products, equipment, or instruments |
| 188 | and the percentage of its budget that represents purchases of |
| 189 | similar products made from virgin materials or original |
| 190 | equipment products, equipment, or instruments. The department |
| 191 | shall design a uniform reporting mechanism and prepare annual |
| 192 | summaries of statewide purchases delineating those with recycled |
| 193 | content or consisting of remanufactured products, equipment, or |
| 194 | instruments to be submitted to the Governor, the President of |
| 195 | the Senate, and the Speaker of the House of Representatives. |
| 196 | Section 2. Section 403.7065, Florida Statutes, is amended |
| 197 | to read: |
| 198 | 403.7065 Procurement of products or materials with |
| 199 | recycled content; procurement of remanufactured products, |
| 200 | equipment, or instruments.-- |
| 201 | (1)(a) Except as provided in s. 287.045, any state agency |
| 202 | or agency of a political subdivision of the state which is using |
| 203 | state funds, or any person contracting with any such agency with |
| 204 | respect to work performed under contract, is required to procure |
| 205 | products or materials with recycled content, or, where |
| 206 | applicable, remanufactured products, equipment, or instruments, |
| 207 | when the Department of Management Services determines that such |
| 208 | those products, or materials, equipment, or instruments are |
| 209 | available. |
| 210 | (b) A decision not to procure such items described in |
| 211 | paragraph (a) must be: |
| 212 | 1. Based on the Department of Management Services' |
| 213 | determination that such procurement: |
| 214 | a. Is not reasonably available within an acceptable period |
| 215 | of time; or, |
| 216 | b. Fails to meet the performance standards set forth in |
| 217 | the applicable specifications;, or |
| 218 | c. Fails to meet the performance standards of the agency. |
| 219 | 2. Accompanied by a detailed technological justification |
| 220 | prepared by the department explaining the need to use or obtain |
| 221 | products or materials that do not contain recycled content or |
| 222 | original equipment manufacturers' products, equipment, or |
| 223 | instruments instead of products or materials containing recycled |
| 224 | content or remanufactured products, equipment, or instruments. |
| 225 | (c) When the requirements of s. 287.045 are met, agencies |
| 226 | shall be subject to the procurement requirements of that section |
| 227 | for procuring products or materials with recycled content. |
| 228 | (2) For the purposes of this section:, |
| 229 | (a) "Recycled content" means materials that have been |
| 230 | recycled that are contained in the products or materials to be |
| 231 | procured, including, but not limited to, paper, aluminum, steel, |
| 232 | plastic, glass, and composted material. The term does not |
| 233 | include the virgin component of internally generated scrap that |
| 234 | is commonly used in the industrial or manufacturing processes |
| 235 | from which it was generated or waste or scrap purchased from |
| 236 | another manufacturer who manufactures the same or a closely |
| 237 | related product. |
| 238 | (b) "Remanufactured" refers to a product, equipment, or |
| 239 | instrument that has undergone rebuilding, repair, or restoration |
| 240 | to meet or exceed the original equipment manufacturer's |
| 241 | specifications and which may be sold and serviced by a third |
| 242 | party and may carry a warranty that is different from the |
| 243 | warranty provided by the original equipment manufacturer. |
| 244 | Section 3. Paragraph (f) of subsection (3) of section |
| 245 | 403.7061, Florida Statutes, is amended to read: |
| 246 | 403.7061 Requirements for review of new waste-to-energy |
| 247 | facility capacity by the Department of Environmental |
| 248 | Protection.-- |
| 249 | (3) An applicant must provide reasonable assurance that |
| 250 | the construction of a new waste-to-energy facility or the |
| 251 | expansion of an existing waste-to-energy facility will comply |
| 252 | with the following criteria: |
| 253 | (f) The local government in which the facility is located |
| 254 | has implemented a program to procure products or materials with |
| 255 | recycled content and remanufactured products, equipment, or |
| 256 | instruments, pursuant to s. 403.7065. |
| 257 |
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| 258 | ----------------------------------------------------- |
| 259 | T I T L E A M E N D M E N T |
| 260 | Remove line 2 and insert: |
| 261 | An act relating to public procurement contracts; amending |
| 262 | s. 287.045, F.S.; revising provisions relating to the |
| 263 | procurement of products and materials with recycled |
| 264 | content by the Department of Management Services to |
| 265 | include procurement of remanufactured products, equipment, |
| 266 | and instruments; providing procedures and requirements |
| 267 | with respect to such procurement; requiring the department |
| 268 | to adopt specified rules; removing obsolete language; |
| 269 | defining "remanufactured"; providing an additional |
| 270 | requirement upon a decision by the Department of |
| 271 | Management Services not to procure recycled or |
| 272 | remanufactured products, materials, equipment, or |
| 273 | instruments; amending s. 403.7065, F.S.; expanding |
| 274 | provisions which require state agencies to procure |
| 275 | products or materials with recycled content to include the |
| 276 | procurement of remanufactured products, equipment, and |
| 277 | instruments; providing an additional requirement upon a |
| 278 | decision by the Department of Management Services not to |
| 279 | procure recycled or remanufactured products, materials, |
| 280 | equipment, or instruments; defining "remanufactured"; |
| 281 | amending s. 403.7061, F.S.; revising provisions with |
| 282 | respect to criteria for the construction of new or the |
| 283 | expansion of existing waste-to-energy facilities, to |
| 284 | conform; |
| 285 |
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