72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 512
House Bill 2158
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Department of Administrative Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Revises intent of Legislative Assembly regarding state
recycling programs. Authorizes Oregon Department of
Administrative Services to contract as necessary for recycling of
products collected for recycling by state government. Deletes
requirement for separate recycling plan for Legislative Assembly.
Deletes provisions concerning use of revenues or savings realized
from recycling programs.
A BILL FOR AN ACT
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. - }
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