63G-6-406 - Preference for recycled paper and paper products. - Utah Statutes

63G-6-406. Preference for recycled paper and paper products.
(1) As used in this section:
(a) "Chief procurement officer" is the chief procurement officer appointed under Section63G-6-203.
(b) "Paper" means any newspaper, high-grade office paper, fine paper, bond paper, offsetpaper, xerographic paper, mimeographic paper, duplicator paper, and related types of cellulosicmaterial containing not more than 10% by weight or volume of noncellulosic material such aslaminates, binders, coatings, or saturants.
(c) "Paper product" means any paper items or commodities, including paper napkins,towels, corrugated and other cardboard, toilet tissue, paper and related types of cellulosicproducts containing not more than 10% by weight or volume of noncellulosic material such aslaminates, binders, coatings, or saturants. "Paper product" does not include preprinted cellulosicproducts such as books, newspapers, calendars, and magazines.
(d) "Postconsumer waste," "recycled paper," "recycled paper product," and "secondarywaste paper material" are defined by rule made by the Division of Purchasing, Department ofAdministrative Services. The division rules shall be based on current definitions and standardsemployed by national procurement, product recycling, and other relevant organizations such asthe federal Environmental Protection Agency.
(2) Notwithstanding Section 63G-6-401, which requires public procurement units topurchase products from the lowest responsible bidder, and subject to Subsection (3), every publicprocurement unit shall give preference to the purchase of paper and paper products which aremanufactured or produced from recycled materials.
(3) A public procurement unit shall give preference to purchasing recycled paper andrecycled paper products unless:
(a) the bid or purchase price for recycled paper or paper products exceeds by more than5% the lowest responsive and responsible bidder whose bid meets the requirements and criteriaset forth in the invitation for bids;
(b) there is no recycled paper or paper product reasonably available that meets therequirements and criteria set forth in the invitation for bids; or
(c) the public procurement unit has purchased at least the minimum percentage purchaserequirement of recycled paper or recycled paper products as provided in Subsection (4).
(4) (a) The minimum percentage purchase requirement for fiscal year 1990-91 is 10% ofthe public procurement unit's projected annual paper and paper product purchases.
(b) The minimum percentage purchase requirement shall be increased by 5% each fiscalyear until the minimum percentage purchase requirement is 50%.
(5) Each public procurement unit shall provide the chief procurement officer with areport at the end of each fiscal year documenting:
(a) the dollar amounts of paper and paper products purchased;
(b) the dollar amounts of recycled paper and recycled paper products purchased; and
(c) any additional costs resulting from purchasing recycled paper or recycled paperproducts.
(6) The chief procurement officer shall provide a written report of the informationreceived under Subsection (5) to the Natural Resources, Agriculture, and Environment InterimCommittee prior to November 30 of each year.
(7) (a) Each state agency shall separate and collect all types of recyclable paper for

recycling, except under Subsection (7)(b). The chief procurement officer shall maintain anupdated list of which papers are recyclable.
(b) If the state agency conducts an evaluation under Subsection (8) and determines thecost of recycling a certain type of recyclable paper is more than 10% greater than the cost of thecurrent disposal method, the entity is exempt from the requirements of Subsection (7)(a)regarding that type of paper.
(8) A state agency's evaluation shall:
(a) determine the types and quantities of recyclable paper in the state agency's currentwaste stream;
(b) determine the market value of the recyclable paper;
(c) determine and describe the alternatives for separating recyclable paper from the wastestream;
(d) for each type of paper and for each method of separation, determine the cost ofseparating and collecting the recyclable paper for recycling;
(e) determine the cost of the current disposal method for each type of recyclable paper;
(f) for each type of paper, compare the cost of the current disposal method with the costof separating and collecting the paper for recycling; and
(g) determine the cost of producing the report required under Subsection (13)(b).
(9) Each evaluation conducted under Subsection (8) shall:
(a) be in writing;
(b) justify all estimates;
(c) be retained by the state agency;
(d) be accessible to the public for review; and
(e) be submitted to the chief procurement officer.
(10) Each state agency conducting an evaluation shall revise the evaluation as necessary,at least every 30 months.
(11) A state agency that is required to separate paper for recycling shall:
(a) designate an existing employee as a recycling coordinator to organize and coordinatethe state agency's recycling program;
(b) establish procedures for separating each type of paper required to be separated forrecycling;
(c) establish a system for separating and collecting each type of paper to be recycled,which assures the recyclable paper is sold to appropriate industries for reuse or recycling; and
(d) make participation in the recycling program as easy as practicable for state agencypersonnel by establishing clear policies.
(12) The money received from the sale of recyclable paper shall be retained by theagency for:
(a) reimbursement to the state agency for program administration costs incurred as aresult of recycling, if any; and
(b) funding recycling incentives programs.
(13) (a) The recycling coordinator designated in Subsection (11) shall keep records of:
(i) the quantity of paper recycled by the state agency;
(ii) the costs incurred by the state agency in recycling paper; and
(iii) the money received from the sale of recyclable paper.
(b) Each recycling coordinator shall provide a written report of the state agency's

recycling activities including the information required under Subsection (13)(a) beforeSeptember 30 of each year to the chief procurement officer.
(14) The chief procurement officer shall provide a written report of the informationreceived under Subsection (13) to the Natural Resources, Agriculture, and Environment InterimCommittee prior to November 30 of each year.

Renumbered and Amended by Chapter 382, 2008 General Session