Chapter 55 Oregon Laws 2003

AN ACT

HB 2158

Relating to state government recycling programs; amending ORS 182.375, 279.573, 279.621, 279.630 and 279.635; and repealing ORS 279.640 and 279.645.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 279.635 is amended to read:

279.635. (1) It is the intent of the Legislative Assembly that:

[(1)] (a) For the current state waste paper collection program, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide participating locations with public awareness information and training to state and legislative employees, including but not limited to the proper separation and disposal of recycled resources. Additionally, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide training for personnel, including but not limited to state buildings and grounds personnel responsible for the collection of waste materials. This training shall include but not be limited to educating and training the personnel concerning the separation and collection of recyclable materials.

(b) The Oregon Department of Administrative Services continue the current state recycling programs for employees of state government, as defined in ORS 174.111. The programs shall include recycling opportunities for office paper, corrugated cardboard, newsprint, beverage containers as defined in ORS 459A.700, container glass, clay-coated materials, mixed waste paper, plastic bottles, waste oil, batteries, toner and printer cartridges and any other material at the discretion of the Director of the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality.

(2) The Oregon Department of Administrative Services may contract as necessary for the recycling of products collected under subsection (1)(b) of this section.

[(2) The department continue the current state waste paper collection program and use this program as a model to develop a plan for other waste materials generated by state and legislative employees.]

[(3) The department, in consultation with the Department of Environmental Quality, shall submit a new recycling plan, which includes but is not limited to the collection and sale of waste materials generated by state and legislative employees. The plan shall include for each state agency, specific goals relating to office materials recovered from the waste stream, and waste not recovered on a per capita basis. This plan shall be submitted to the appropriate legislative policy committees on or before August 31, 1992. The plan may be phased in using those office facilities and collecting those waste materials most conducive to operation of a source separation program, but shall be fully implemented by June 1, 1993.]

[(4) The collection program for each product shall be reevaluated by the director on or before January 1, 1994. Subsequently, the director, in consultation with the Department of Environmental Quality, upon the determination that inclusion of any particular material type would result in a net revenue loss to the state, may exclude that material from the program, and shall include the director’s conclusions and recommendations in the report required under ORS 279.630 (6) and (7). In determining the net revenue loss for the collection of a specified waste material, the director shall include the avoided cost to dispose of the waste material.]

[(5) No individual, group of individuals, state office, agency or its employees shall establish a similar collection program or enter into agreement for a similar program unless approved by the director.]

[(6)(a) If any single activity or facility of state agency fails to meet the specific goals of the plan within six months after implementation of the plan, the department shall require the agency to implement at the activity or facility actions which:]

[(A) Shall include but need not be limited to:]

[(i) A waste audit to specifically determine the best way to meet the goals;]

[(ii) An employee information and education program to inform and encourage employee participation; and]

[(iii) A timetable for these remedial measures to take place; and]

[(B) May include a plan or contract for janitorial services that includes collection of source separated recyclables.]

[(b) As used in this subsection, “waste audit” means a systematic survey of the waste generation characteristics of a facility or agency that produces recommendations on how to most effectively reduce the volume of waste materials being generated through the applied techniques of source reduction, reuse and recycling.]

SECTION 2. ORS 279.640 and 279.645 are repealed.

SECTION 3. ORS 182.375 is amended to read:

182.375. (1) There is created in the State Treasury, separate and distinct from the General Fund, an Oregon State Productivity Improvement Revolving Fund. All moneys in the fund are appropriated continuously to the Oregon Department of Administrative Services for making loans, grants, matching funds or cash awards available to state agencies or units for implementation of productivity improvement projects, including training and workforce development, upon authorization of the [Oregon Department of Administrative Services] department, subject to ORS 243.650 to 243.782 when applicable. Interest on earnings of the fund shall be credited to the fund.

(2) The Oregon State Productivity Improvement Revolving Fund shall consist of:

(a) Moneys transferred from the Oregon Department of Administrative Services Operating Fund, as provided in ORS 240.170, in a sum not to exceed $500,000 to establish the fund.

(b) Savings realized from implementation of productivity improvement projects [which] that may include existing and future projects authorized by the department.

[(c) Any unexpended revenues transferred in accordance with ORS 279.645 (2).]

(3) Fifty percent of the agency or unit budget savings resulting from improved efficiency shall be credited to the Oregon State Productivity Improvement Revolving Fund to be used for program improvement by the agency or unit. If not used in the biennium in which the savings occur, the amount of credit to an agency or unit may be treated as if it were continuously appropriated to the agency or unit and may be expended in the following biennium without resulting in any budget justification for the agency or unit. Expenditures from the fund are not subject to allotment or other budgetary procedures.

(4) None of the expenditures in a biennium by the agency or unit under this section shall be considered to be within any appropriation or expenditure limitation in the agency’s base budget for the biennium.

(5) A productivity improvement project may include training and employee development authorized by the department and intended to lead to improved productivity.

(6) The department may require a different repayment schedule for training and employee development than for other productivity improvement projects.

(7) Agencies and units shall report to the department quarterly on project implementation, savings realized to date, or projected, and repayment of moneys to the fund.

SECTION 4. ORS 279.573 is amended to read:

279.573. The Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall prepare an annual report to the Legislative Assembly describing the purchase and procurement of products purchased by state agencies [before and after January 1, 1992]. The report shall detail, as much as possible, the amount of recycled product used by state contractors [before and after July 1, 1991]. The report shall include but not be limited to the following:

(1) Listed by department, the total dollar amounts, volume and number of contracts of individual products purchased by the department and any other state agency having delegated procurement authority.

(2) Total dollar amounts, volume and number of contracts of each product purchased by the state, including the Legislative Assembly.

(3) The total dollar amounts, volume and number of contracts of individual products, whether recycled or nonrecycled, purchased by the state.

(4) The total dollar amounts, volume and number of contracts for recycled products, recycled paper and compost products purchased, including whether the paper products commodity [goals] requirements under ORS 279.621 were achieved.

(5) The total dollar amount and volume of compost and cocompost products used by the state under ORS 459A.605 to 459A.620 or any other state program. As used in this subsection, “cocompost” means a process that composts plant materials with organic sludges or a material resulting from such a process.

(6) For recycled paper products purchased by state agencies, the total number of contracts, dollar amounts and volume of those contracts that were eligible for the preference under ORS 279.621. The report shall indicate, for each state agency, the ratio of recycled paper purchased to total paper purchased, and the average percentage of post-consumer content of the recycled paper purchased. The Oregon Department of Administrative Services shall provide technical and educational assistance to those agencies unable to achieve recycled paper purchasing goals set by the department.

(7) For each recycled product, including recycled paper and compost products, the total dollar amounts, volume and number of contracts that were eligible for a preference or a combination thereof under ORS 279.570.

(8) The range of dollar amounts for bids on procurement contracts including but not limited to contracts for the procurement of individual recycled products.

(9) For each waste material, total revenue dollars and volume generated from the state recycling plan under ORS 279.635.

(10) Recommendations to the Legislative Assembly as to revisions of the percentage amounts contained in the secondary waste and post-consumer waste definitions for individual products that will result in greater procurement of recycled products composed of recycled resources that would otherwise be disposed of as solid waste in the state’s disposal facilities.

(11) Recommendations on specific products available containing secondary post-consumer waste that are procured by the state, used in the performance of a service or project for the state and used in state construction contracts. These products shall be recommended as candidates for the application of the recycled paper product preference described in ORS 279.621.

(12) The Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall identify those products purchased in either large volumes or high dollar amounts by the state which are available as a recycled product. The Oregon Department of Administrative Services shall include this list in the department’s annual report and shall revise this list as products purchased by the state become feasibly available in recycled form.

SECTION 5. ORS 279.621 is amended to read:

279.621. (1) The Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall revise its procedures and specifications for state purchases of paper products to give preference to the purchase of paper products that reduce production of solid waste or contain recycled paper.

(2) The Oregon Department of Administrative Services shall give a preference to the suppliers of recycled paper. This preference shall be up to 12 percent of the lowest bid or price quoted by suppliers offering nonrecycled paper products. In any bid in which the state has reserved the right to make multiple awards, the recycled paper preference cost shall be applied, to the extent possible, to maximize the dollar participation of recycled business in the contract award.

(3) To encourage the use of post-consumer waste, the Oregon Department of Administrative Services’ specifications shall require recycled paper contracts to be awarded to the bidder whose paper product contains the greater percentage of post-consumer waste if the fitness, quality and price meet the requirements in this section and the type of recycled content is consistent with the type of virgin material, so that the purchase does not interfere with an existing recycling recovery program. The Director of the Oregon Department of Administrative Services shall determine:

(a) Whether use of any proposed paper constitutes an economic or environmental interference with an existing recycling recovery program; or

(b) If a reasonable modification of the existing recycling recovery program, in accordance with ORS 279.635 [and 279.640], would allow the use of the proposed paper without economic or environmental interference.

(4)[(a) By January 1, 1993, no less than 25 percent of state agency purchases of paper products shall be from recycled paper products.]

[(b) By January 1, 1995,] No less than 35 percent of state agency purchases of paper products shall be from recycled paper products.

SECTION 6. ORS 279.630 is amended to read:

279.630. (1) The Director of the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall review the procurement specifications currently used by the Oregon Department of Administrative Services to eliminate, wherever economically feasible, discrimination against the procurement of recycled paper.

(2) The director, in consultation with the Department of Environmental Quality, shall review the recycled paper specifications at least annually to consider increasing the percentage of recycled paper in paper and woodpulp product purchases. The director’s conclusions and recommendations shall be included in the annual report required under ORS 279.573.

(3) When contracting with the Oregon Department of Administrative Services for the sale of material subject to this section, the contractor shall certify in writing to the contracting officer that the material offered contains the minimum percentage of recycled paper required by ORS 279.545 and shall specify the minimum, if not exact, percentage of secondary and post-consumer waste and fiber type in the paper products. The certification shall be furnished under penalty of perjury.

(4) The Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall establish purchasing practices that, to the maximum extent economically feasible, [assure] ensure purchase of materials that may be recycled or reused when discarded.

(5) The Oregon Department of Administrative Services shall make every effort to eliminate purchases of paper products considered potential contaminants to the state’s recycling plan under [ORS 279.640 (1)] ORS 279.635.

(6) In addition to any other requirement of law, any person or corporation receiving a credit against taxes otherwise due under ORS chapter 316, 317 or 318 for the use of recycled or recyclable materials must show that the person receiving the credit gives preference to Oregon producers of the recycled or recyclable materials used.

[(7) Subsections (6) and (7) of this section apply to tax years beginning on and after January 1, 1992.]

Approved by the Governor April 10, 2003

Filed in the office of Secretary of State April 11, 2003

Effective date January 1, 2004

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