HB 59

1	A bill to be entitled
2	An act relating to state procurement; amending s. 287.045,
3	F.S.; revising provisions relating to the procurement of
4	products and materials with recycled content by the
5	Department of Management Services to include procurement
6	of remanufactured products, equipment, and instruments;
7	providing procedures and requirements with respect to such
8	procurement; requiring the department to adopt specified
9	rules; removing obsolete language; defining
10	"remanufactured"; providing an additional requirement upon
11	a decision by the Department of Management Services not to
12	procure recycled or remanufactured products, materials,
13	equipment, or instruments; amending s. 403.7065, F.S.;
14	expanding provisions which require state agencies to
15	procure products or materials with recycled content to
16	include the procurement of remanufactured products,
17	equipment, and instruments; providing an additional
18	requirement upon a decision by the Department of
19	Management Services not to procure recycled or
20	remanufactured products, materials, equipment, or
21	instruments; defining "remanufactured"; amending s.
22	403.7061, F.S.; revising provisions with respect to
23	criteria for the construction of new or the expansion of
24	existing waste-to-energy facilities, to conform; providing
25	an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 287.045, Florida Statutes, is amended
30	to read:
31	287.045  Procurement of products and materials with
32	recycled content; procurement of remanufactured products,
33	equipment, and instruments.--
34	(1)(a)  The department, in cooperation with the Department
35	of Environmental Protection, shall review and revise existing
36	procurement procedures and specifications for the purchase of
37	products, equipment, and materials, and instruments to eliminate
38	any procedures and specifications that explicitly discriminate
39	against products and materials with recycled content, or
40	remanufactured products, equipment, or instruments, except where
41	such procedures and specifications are necessary to protect the
42	public health, safety, and welfare.
43	(b)  Each agency shall review and revise its procurement
44	procedures and specifications for the purchase of products,
45	equipment, and materials, and instruments to eliminate any
46	procedures and specifications that explicitly discriminate
47	against products and materials with recycled content, or
48	remanufactured products, equipment, or instruments, except if
49	such procedures and specifications are necessary to protect the
50	public health, safety, and welfare.
51	(2)(a)  The department and each agency shall review and
52	revise its procurement procedures and specifications for the
53	purchase of products, equipment, and materials, and instruments
54	to ensure to the maximum extent feasible that each agency uses
55	state contracts to purchase products, equipment, or materials,
56	or instruments that may be recycled, or reused, or
57	remanufactured when such these products, equipment, or
58	materials, or instruments are discarded.
59	(b)  The Auditor General shall assist in monitoring the
60	product procurement requirements of this section.
61	(3)  As part of the review and revision required in
62	subsection (2), the department and each agency shall review its
63	procurement provisions and specifications for the purchase of
64	products, equipment, and materials, and instruments to determine
65	which products or materials with recycled content, and which
66	remanufactured products, equipment, or instruments, could be
67	procured by the department or other agencies and, where
68	applicable, the amount of recycled content that can
69	technologically be contained in procured such products or
70	materials. The department and other agencies must use the
71	amounts of recycled content and postconsumer recovered material
72	determined by the department, or state that products, equipment,
73	or instruments are remanufactured, in issuing solicitations for
74	contracts for the purchase of such products, equipment, or
75	materials, or instruments.
76	(4)  Upon completion of the review required in subsection
77	(3), the department and other agencies shall require that a
78	person who submits a bid, proposal, or reply for a contract for
79	the purchase of products, equipment, or materials, or
80	instruments identified in subsection (3) and who wishes to be
81	considered for the price preference described in subsection (5)
82	certify in writing the percentage of recycled content in the
83	product or material that is subject to the bid, proposal, or
84	reply or certify in writing that the products, equipment, or
85	instruments that are subject to the bid, proposal, or reply are
86	remanufactured. A person may certify that the product or
87	material contains no recycled content or that the product,
88	equipment, or instrument is original equipment.
89	(5)  Upon evaluation of bids, proposals, or replies for
90	every public contract that involves the purchase of products,
91	equipment, or materials, or instruments identified in subsection
92	(3), the department or other agency shall identify the lowest
93	responsible and responsive vendor and other responsible and
94	responsive vendors who have certified that the products or
95	materials contain at least the minimum percentage of recycled
96	content and postconsumer recovered material, or who have
97	certified that the products, equipment, or instruments are
98	remanufactured, as that is set forth in the solicitation. The
99	department or agency may consider life-cycle costing when
100	evaluating a bid, proposal, or reply on a product that consists
101	of recycled materials or on remanufactured products, equipment,
102	or instruments. The department shall adopt rules that specify
103	the criteria to be used when considering life-cycle costing in
104	evaluating bids, proposals, or replies. The rules must take into
105	consideration the specified warranty periods for products,
106	equipment, or instruments and the comparative expected service
107	life relative to the cost of the products, equipment, or
108	instruments. In awarding a contract for the purchase of
109	products, equipment, or materials, or instruments, the
110	department or other agency may allow up to a 10-percent price
111	preference to a responsible and responsive vendor who has
112	certified that the products or materials contain at least the
113	minimum percentage of recycled content and postconsumer
114	recovered material, or are remanufactured products, equipment,
115	or instruments, and up to an additional 5-percent price
116	preference to a responsible and responsive vendor who has
117	certified that the products or materials material are made of
118	materials recovered in this state or that the products,
119	equipment, or instruments are remanufactured in this state. The
120	amount of the price preference must be commensurate with the
121	certified amounts of recycled material and postconsumer
122	recovered material and materials recycled from products in this
123	state, contained in the product or materials, or with the
124	certification that the products, equipment, or instruments are
125	remanufactured or remanufactured in this state, on a sliding
126	scale as established by department rule, which rule shall not
127	become effective prior to November 1, 1994. Reusable materials
128	and products and remanufactured products, equipment, and
129	instruments shall be used where economically and technically
130	feasible. If no vendors offer products or materials with
131	measurable life-cycle costing factors or the minimum prescribed
132	recycled and postconsumer content, or remanufactured products,
133	equipment, or instruments, the contract must be awarded to the
134	lowest qualified responsible and responsive vendor.
135	(6)  For the purposes of this section, the term:
136	(a)  "Recycled content" means materials that have been
137	recycled that are contained in the products or materials to be
138	procured, including, but not limited to, paper, aluminum, steel,
139	glass, plastics, and composted material. The term does not
140	include the virgin component of internally generated scrap that
141	is commonly used in industrial or manufacturing processes or
142	such waste or scrap purchased from another manufacturer who
143	manufactures the same or a closely related product. Recycled
144	content printing and fine writing grades of paper shall contain
145	at least 10 percent postconsumer recovered materials.
146	(b)  "Remanufactured" refers to a product, equipment, or
147	instrument that has undergone rebuilding, repair, or restoration
148	to meet or exceed the original equipment manufacturer's
149	specifications and which may be sold and serviced by a third
150	party and may carry a warranty that is different from the
151	warranty provided by the original equipment manufacturer.
152	(7)  Any person may request the department to evaluate a
153	product or material with recycled content, or remanufactured
154	product, equipment, or instrument, if the product, equipment, or
155	material, or instrument is eligible for inclusion under state
156	contracts. The department shall review each reasonable proposal
157	to determine its merit and, if it finds that the product,
158	equipment, or material, or instrument may be used beneficially,
159	it may incorporate that product, equipment, or material, or
160	instrument into its procurement procedures.
161	(8)  The department and each agency shall review and revise
162	its procedures and specifications on a continuing basis to
163	encourage the use of products and materials with recycled
164	content and postconsumer recovered material, and remanufactured
165	products, equipment, and instruments, and shall, in developing
166	new procedures and specifications, encourage the use of products
167	and materials with recycled content and postconsumer recovered
168	material and remanufactured products, equipment, and
169	instruments.
170	(9)  After November 1, 1994, The department may discontinue
171	contracting for products or materials the recycled content of
172	which does not meet the requirements of subsection (3), and may
173	discontinue contracting for remanufactured products, equipment,
174	or instruments which do not meet the requirements of subsection
175	(3), if it determines that products, equipment, or materials, or
176	instruments meeting those requirements are available at a cost
177	not to exceed an additional 10 percent of comparable virgin
178	products or original equipment products, equipment, or
179	instruments.
180	(10)(a)  An agency, or a vendor contracting with such
181	agency with respect to work performed under contract, must
182	procure products or materials with recycled content, or
183	remanufactured products, equipment, or instruments, if the
184	department determines that those products, equipment, or
185	materials, or instruments are available pursuant to subsection
186	(5).
187	(b)  Notwithstanding any other provision to the contrary,
188	for the purpose of this section, the term "agency" means any of
189	the various state officers, departments, boards, commissions,
190	divisions, bureaus, and councils and any other unit of
191	organization, however designated, of the executive branch
192	including the Department of the Lottery, the legislative branch,
193	the judicial branch, the university and college boards of
194	trustees, and the state universities and colleges.
195	(c)  A decision not to procure such items must be:
196	1.  Based on the department's determination that such
197	procurement:
198	a.  Is not reasonably available within an acceptable period
199	of time; or
200	b.  Fails to meet the performance standards set forth in
201	the applicable specifications; or
202	c.  Fails to meet the performance standards of the agency.
203	2.  Accompanied by a detailed technological justification
204	prepared by the department explaining the need to use or obtain
205	products or materials that do not contain recycled content or
206	original equipment manufacturers' products, equipment, or
207	instruments instead of products or materials containing recycled
208	content or remanufactured products, equipment, or instruments.
209	(11)  Each agency shall report annually to the department
210	its total expenditures on, and use of, products with recycled
211	content and remanufactured products, equipment, or instruments
212	and the percentage of its budget that represents purchases of
213	similar products made from virgin materials or original
214	equipment products, equipment, or instruments. The department
215	shall design a uniform reporting mechanism and prepare annual
216	summaries of statewide purchases delineating those with recycled
217	content or consisting of remanufactured products, equipment, or
218	instruments to be submitted to the Governor, the President of
219	the Senate, and the Speaker of the House of Representatives.
220	Section 2.  Section 403.7065, Florida Statutes, is amended
221	to read:
222	403.7065  Procurement of products or materials with
223	recycled content; procurement of remanufactured products,
224	equipment, or instruments.--
225	(1)(a)  Except as provided in s. 287.045, any state agency
226	or agency of a political subdivision of the state which is using
227	state funds, or any person contracting with any such agency with
228	respect to work performed under contract, is required to procure
229	products or materials with recycled content, or, where
230	applicable, remanufactured products, equipment, or instruments,
231	when the Department of Management Services determines that such
232	those products, or materials, equipment, or instruments are
233	available.
234	(b)  A decision not to procure such items described in
235	paragraph (a) must be:
236	1.  Based on the Department of Management Services'
237	determination that such procurement:
238	a.  Is not reasonably available within an acceptable period
239	of time; or,
240	b.  Fails to meet the performance standards set forth in
241	the applicable specifications;, or
242	c.  Fails to meet the performance standards of the agency.
243	2.  Accompanied by a detailed technological justification
244	prepared by the department explaining the need to use or obtain
245	products or materials that do not contain recycled content or
246	original equipment manufacturers' products, equipment, or
247	instruments instead of products or materials containing recycled
248	content or remanufactured products, equipment, or instruments.
249	(c)  When the requirements of s. 287.045 are met, agencies
250	shall be subject to the procurement requirements of that section
251	for procuring products or materials with recycled content.
252	(2)  For the purposes of this section:,
253	(a)  "Recycled content" means materials that have been
254	recycled that are contained in the products or materials to be
255	procured, including, but not limited to, paper, aluminum, steel,
256	plastic, glass, and composted material. The term does not
257	include the virgin component of internally generated scrap that
258	is commonly used in the industrial or manufacturing processes
259	from which it was generated or waste or scrap purchased from
260	another manufacturer who manufactures the same or a closely
261	related product.
262	(b)  "Remanufactured" refers to a product, equipment, or
263	instrument that has undergone rebuilding, repair, or restoration
264	to meet or exceed the original equipment manufacturer's
265	specifications and which may be sold and serviced by a third
266	party and may carry a warranty that is different from the
267	warranty provided by the original equipment manufacturer.
268	Section 3.  Paragraph (f) of subsection (3) of section
269	403.7061, Florida Statutes, is amended to read:
270	403.7061  Requirements for review of new waste-to-energy
271	facility capacity by the Department of Environmental
272	Protection.--
273	(3)  An applicant must provide reasonable assurance that
274	the construction of a new waste-to-energy facility or the
275	expansion of an existing waste-to-energy facility will comply
276	with the following criteria:
277	(f)  The local government in which the facility is located
278	has implemented a program to procure products or materials with
279	recycled content and remanufactured products, equipment, or
280	instruments, pursuant to s. 403.7065.
281	Section 4.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.