ROBERT L. EHRLICH, JR., Governor

H.B. 325

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Finance and Procurement

14-405.

(a)     (1) In this section the following words have the meanings indicated.

(2)     (i) "Recycled materials" means material recovered from or
otherwise destined for the waste stream.

(ii) "Recycled materials" includes post-consumer material,
industrial scrap material, compost, PROCESSED AND PASTEURIZED CHICKEN LITTER,
and obsolete inventories.

(3)     "Percentage price preference" means the percent by which a
responsive bid from a responsible bidder whose product contains recycled materials
may exceed the lowest responsive bid submitted by a responsible bidder whose
products do not contain recycled materials.

(b)     No later than January 1, 1994, the Board shall adopt regulations that
require the Secretary of General Services, the Secretary of Transportation, and the
Chancellor of the University System of Maryland to establish a percentage price
preference, not to exceed 5%, for the purchase of products made from recycled
materials.

(c)     A percentage price preference under this section may not be used in
conjunction with any other percentage price preference established under this title.

(d)     (1) To encourage the maximum purchase of commodities utilizing
recycled materials, the Department of General Services, in consultation with the
Department of the Environment, the University of Maryland, the Maryland
Environmental Service, the Department of Transportation, the Department of
Natural Resources, the Department of Health and Mental Hygiene, and as necessary
with representatives of the recycling industry and environmental organizations, shall
establish a list of acceptable products which contain recycled materials.

(2) The list shall be published for use by State agencies at least twice
each year.

(e)     By January 1, 1991, each State unit shall review the procurement
specifications currently used by the unit and, to the extent practicable, require the
use of a percentage price preference in their purchase of supplies and commodities
containing recycled materials.

(f)      (1) Except as provided in paragraph (2) of this subsection, this section is
broadly applicable to all procurements by the State if the quality of the product is
consistent with the requirements of the bid specifications.

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