34.031. Recycled products, preference for products made from solid waste--elimination of purchase of products made from polystyrene foam--commissioner of administration, duties--report.

MISSOURI STATUTES AND CODES

34.031. Recycled products, preference for products made from solid waste--elimination of purchase of products made from polystyrene foam--commissioner of administration, duties--report.

Recycled products, preference for products made from solidwaste--elimination of purchase of products made from polystyrenefoam--commissioner of administration, duties--report.

34.031. 1. The commissioner of administration, in consultation withthe environmental improvement and energy resources authority of thedepartment of natural resources, shall give full consideration to thepurchase of products made from materials recovered from solid waste and tothe reduction and ultimate elimination of purchases of productsmanufactured in whole or in part of thermoformed or other extrudedpolystyrene foam manufactured using any fully halogenatedchlorofluorocarbon (CFC). Products that utilize recovered materials of aprice and quality comparable to products made from virgin materials shallbe sought and purchased, with particular emphasis on recycled oil, retreadtires, compost materials and recycled paper products. The commissionershall exercise a preference for such products if their use is technicallyfeasible and, where a bid is required, their price is equal to, or lessthan, the price of items which are manufactured or produced from virginmaterials. Products that would be inferior, violate safety standards orviolate product warranties if the provisions of this section are followedmay be excluded from the provisions of this section.

2. The commissioner of administration shall:

(1) Review the procurement specifications in order to eliminatediscrimination against the procurement of recycled products;

(2) Review and modify the contract specifications for paper productsand increase the minimum required percentage of recycled paper in eachproduct as follows:

(a) Forty percent recovered materials for newsprint;

(b) Eighty percent recovered materials for paperboard;

(d) Five to forty percent in tissue products;

(3) Support federal incentives and policy guidelines designed topromote these goals;

(4) Develop and implement a cooperative procurement policy tofacilitate bulk order purchases and to increase availability of recycledproducts. The policy shall be distributed to all state agencies and shallbe made available to political subdivisions of the state;

(5) Conduct a survey using existing staff of those items customarilyrequired by the state that are manufactured in whole or part frompolystyrene plastic, and report its findings, together with an analysis ofenvironmentally acceptable alternatives thereto, prepared in collaborationwith the department of natural resources, to the general assembly and everystate agency within six months of August 28, 1995.

3. Notwithstanding the provisions of this section, no state agencymay purchase any food or beverage containers or wrapping manufactured fromany polystyrene foam manufactured using any fully halogenatedchlorofluorocarbon (CFC) found by the United States EnvironmentalProtection Agency (EPA) to be an ozone-depleting chemical.

4. No state agency may purchase any items made in whole or part ofthermoformed or other extruded polystyrene foam manufactured using anyfully halogenated chlorofluorocarbon (CFC) found by the United StatesEnvironmental Protection Agency (EPA) to be an ozone-depleting chemicalwithout approval from the commissioner of administration. Approval shallnot be granted unless the purchasing agency demonstrates to thesatisfaction of the director of the department of natural resources and thecommissioner that there is no environmentally more acceptable alternativesor the quality of such alternatives is not adequate for the purposeintended.

5. For each paper product type and corresponding recycled papercontent standard pursuant to subdivision (2) of subsection 2 of thissection, attainment goals for the percentage of paper products to bepurchased that utilize post-consumer recovered materials shall be:

(1) Ten percent in 1991 and 1992;

(2) Twenty-five percent in 1993 and 1994;

(3) Forty percent in 1995; and

(4) Sixty percent by 2000.

6. In the review of capital improvement projects for buildings andfacilities of state government, the commissioner of administration shalldirect the division of design and construction to give full considerationto alternatives which use solid waste, as defined in section 260.200, RSMo,as a fuel for energy production or which use products composed of materialsrecovered from solid waste.

7. The commissioner of administration, in consultation with theenvironmental improvement and energy resources authority of the departmentof natural resources, shall prepare and provide by January first of eachyear an annual report summarizing past activities and accomplishments ofthe program and proposed goals of the program including projections foreach affected agency. The report shall also include a list of productsutilizing recovered materials that could substitute for products currentlypurchased and a schedule of amounts purchased of products utilizingrecovered materials compared to purchases of similar products utilizingvirgin materials for the period covered by the annual report.

8. The office of administration, department of natural resources anddepartment of economic development shall cooperate jointly and share to thegreatest extent possible, information and other resources to promote:

(1) Producers or potential producers of secondary material goods toexpand or develop their product lines;

(2) Increased demand for secondary materials recovered in Missouri;and

(3) Increased demand by state government for products which containsecondary materials recovered in Missouri.

9. The commissioner of administration may increase minimum recycledcontent percentages for paper products, minimum recycled contentpercentages for other recycled products and establish minimum post-consumercontent as such products become available. The preference provided insubsection 1 of this section shall apply to the minimum standardsestablished by the commissioner.