Environmentally Preferable Products Policy from King County, WA

Type: [Sample] Policy
Source File: http://www.metrokc.gov/procure/green/mdpolicy.htm
Sample Text:
This guide provides a model procurement policy for cities and other organizations wishing to ensure that local policy supports markets for recycled and other environmentally preferable products.
The model directs agencies to purchase recycled and other environmentally preferable products whenever practicable.
A POLICY establishing procedures and programs to encourage and increase the procurement of recycled and other environmentally preferable products by (City) agencies and contractors.
 
Jurisdictions may elect to implement this procurement policy in a number of ways, depending on local administrative practices. This model calls upon purchasers in all agencies to use recycled and other environmentally preferable products whenever possible, while recognizing that their principal requirements must be product performance and fiscal responsibility.
Purpose
This policy shall be known as the "(City) Environmentally Preferable Procurement Policy." Its purpose is to support markets for recycled and other environmentally preferable products by encouraging (City) agencies and contractors to buy such products whenever practicable.
Options: This policy might be entitled the "Recycled Product Procurement Policy," "Environmentally Responsible Purchasing Policy," or others, depending on its scope and intent. The language used in this model refers to "Environmentally Preferable Products."
Definitions
The following terms shall have the assigned definitions for all purposes under this policy:
 
 A. "Agency" means... [insert definition for City agency]. 
 
 B. "Environmentally preferable products" means products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.
 
 C. "Post-consumer recycled material" means only those products generated by a business or consumer which have served their intended end uses, and which have been separated or diverted from the solid waste stream for the purposes of collection, recycling and disposition.
 D. "Practicable" means sufficient in performance and available at a reasonable price.
 Final determination of the practicability of any given product must lie with the users of the product, since it is they who understand their performance and budgetary requirements. Evaluation should consider life-cycle and replacement costs.
 E. "Recyclable product" means a product which, after its intended end use, can demonstrably be diverted from (City)'s solid waste stream for use as a raw material in the manufacture of another product.
 
 F. "Recycled material" means material and byproducts that have been recovered or diverted from solid waste and that can be utilized in place of raw or virgin material in manufacturing a product. It is derived from post- consumer recycled material, manufacturing waste, industrial scrap, agricultural waste, and other waste material, but does not include material or byproducts generated from, and commonly reused within, an original manufacturing process.
 
 G. "Recycled product" means a product containing recycled material.
Responsibilities of (Lead) Agency
The (Lead) Agency shall:
 
 A. Develop and maintain information about environmentally preferable products and recycled products containing the maximum practicable amount of recycled materials, to be purchased by agencies whenever possible;
 
 B. Inform agencies of their responsibilities under this policy and provide implementation assistance;
 
 C. Disseminate information on recycled and environmentally preferable product procurement opportunities, specifications, and performance, to agencies;
 
 D. Communicate with agencies to review policy requirements and new procurement opportunities, and to monitor the status of policy implementation product research results; 
 
 E. Publicize the progress of policy implementation; and
 F. Submit an annual report to the (City) Council reflecting the implementation status of the procurement program, including:
 1. A compilation of procurement data collected from all agencies and other parties charged with implementation responsibility under this policy;
 At King County, contracts require vendors to furnish purchase data periodically.
 2. An account of the current status of product evaluations conducted by agencies;
 
 3. An assessment of procurement program effectiveness, an evaluation of program goals, and projections of future procurement opportunities; and 
 
 4. Recommendations for changes in procurement policy.
Responsibilities of all (City) Agencies.
Each (City) Agency shall:
 
 A. Evaluate each recycled or environmentally preferable product designated by the (lead) agency to determine the extent to which the product may be practicably used by the agency and its contractors;
 
 B. Purchase recycled products with the maximum amount of recycled material practicable;
 
 C. Ensure that contracts issued by the agency require recycled and environmentally preferable products whenever practicable.
 
 D. Ensure that contracts issued by the agency for recycled products require the maximum practicable amount of recycled material and that contractors provide certification of this content and report amounts used;
 
 E. Ensure that all printing by (City) agencies uses recycled paper and bears the chasing arrow logo or other imprint identifying it as such;
 
 F. Use both sides of paper sheets whenever practicable in printing and copying;
 
 G. Ensure that requests for bids and proposals issued by (City) require that contractors and consultants use recycled paper and both sides of paper sheets whenever practicable;
 
 H. Report the progress of policy implementation by the agency to the (Lead) agency, including the status of product evaluations conducted by the agency and types of environmentally preferable products purchased by the agency and its contractors; and
 
 I. Report total purchases of environmentally preferable, recycled, and non-recycled products by the agency and its contractors annually to the (Lead) agency.
Exemptions
 A. Nothing in this policy shall be construed as requiring an agency or contractor to procure products that do not perform adequately for their intended use or are not available at a reasonable price in a reasonable period of time.
 
 B. Nothing contained in this policy shall preclude user agencies from requiring recycled material content as a bid specification.
Category:Buy Green Policy
Category:Model Legislation