H.B. 811                                                 VETOES

(VI) (VII) WASTE MINIMIZATION.

(3) (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)] (4) "Percentage price preference" means the percent by which a
responsive bid from a responsible bidder whose product IS AN ENVIRONMENTALLY
PREFERABLE PRODUCT OR EQUIPMENT OR contains recycled materials may exceed
the lowest responsive bid submitted by a responsible bidder whose products ARE NOT
ENVIRONMENTALLY PREFERABLE PRODUCTS OR EQUIPMENT OR do not contain
recycled materials.

(b)     [No later than January 1, 1994, the] 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 ENVIRONMENTALLY PREFERABLE
PRODUCTS OR EQUIPMENT AND 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 ENVIRONMENTALLY
PREFERABLE PRODUCTS OR EQUIPMENT AND 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 ENVIRONMENTALLY PREFERABLE PRODUCTS OR EQUIPMENT AND
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] 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 ENVIRONMENTALLY
PREFERABLE PRODUCTS OR EQUIPMENT AND 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.

(2) Only to the extent necessary to prevent the denial of federal moneys
or eliminate the inconsistency with federal law, this section does not apply to a
procurement by the State if the procurement officer determines that compliance with
this section would:

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