(a) Definitions. In this Section, unless the context indicates otherwise, the following terms have the following meanings:
(1) Paper includes paper board, bleached or unbleached paper, bond paper, computer paper, cotton fiber content paper, ledger and tabulating paper, offset printing or mimeo paper, office paper, printing paper, newsprint, stationery, writing paper, and xerographic or copy paper.
(2) Paper product means any item manufactured from paper or paperboard. It includes corrugated and fiberboard boxes, folding boxboard, envelopes, facial or toilet tissue, paper towels, and paper napkins.
(3) Percentage price preference means the percent by which a responsive bid from a responsible bidder whose product contains recycled materials (or a greater use of recycled materials) may exceed the lowest responsive bid submitted by a responsible bidder whose product does not contain recycled materials (or a lesser use of recycled materials).
(4) Post-consumer waste means an item that has passed through its end-usage as a consumer item such as old newspapers, magazines, used corrugated containers, and office waste material. It does not include waste generated during production of an end product such as printer's waste.
(5) Recycled material means material recovered from or otherwise diverted from the waste stream, including recycled paper. It includes post-consumer waste, industrial scrap material, and obsolete inventories. It does not include mill broke or similar paper waste generated in a paper mill before completion of the paper making process or, in other industries, those materials and by-products generated in and commonly reused within an original manufacturing process.
(6) Recycled paper means:
(A) paper or a paper product that contains recycled materials with a total gross content of post-consumer waste of at least 80%;
(B) if a paper or paper product meeting the requirements of subparagraph (A) is unavailable or otherwise impracticable to procure, the paper or paper product has been de-inked or contains a level of post-consumer waste that exceeds the then current minimum content standards of the U.S. Environmental Protection Agency for paper and paper products containing recovered materials (40 CFR 250); or
(C) if a paper or paper product meeting the requirements of subparagraphs (A) or (B) is unavailable or otherwise impracticable to procure, the paper or paper product conforms to the then current minimum content standards adopted by the U.S. Environmental Protection Agency for paper and paper products containing recovered materials (40 CFR 250).
(b) Procurement specification review; use of recycled materials.
(1) Notwithstanding any other provision of this Chapter, each Using Department must review the procurement specifications used or to be used by the department and, to the extent practicable:
(A) require use of goods containing recycled materials;
(B) provide for use of a percentage price preference not to exceed 10%;
(C) or both.
If the Using Department is unable to determine whether or not a desired good containing recycled materials is available, the procurement specifications should include a provision that a specified percentage price preference, not to exceed 10%, will be given to a bidder offering an acceptable requested good containing recycled materials consistent with this Section.
(2) In an assessment of the practicability of a procurement specification for goods containing recycled materials the Using Department must consider, among other relevant factors:
(A) product availability;
(B) product suitability for intended County use, including whether the product meets established performance standards; and
(C) cost.
A procurement specification for a good containing recycled materials may be considered impracticable if the estimated cost of the good containing recycled materials exceeds the average cost of similar products that have not been recycled by more than 10 percent.
(3) If the Using Department makes a determination that a specification for a good containing recycled materials is not practicable, written documentation must be placed in the contract file. The documentation must explain the agency determination and reference any specific tests used to evaluate performance.
(4) A decision on use of a specification for a good containing recycled materials or a percentage price preference is within the sole discretion of the County and is not appealable under Article VII.
(c) Recycled Paper Goal. Procurement of paper and paper products should be structured to attempt to achieve the goal that at least 50% of the total dollar value of paper and paper products purchased by or for County government is recycled paper. To the extent possible, any cooperative purchasing agreement with the Montgomery County Schools or other entity should be similarly structured.
(d) Role of Office of Procurement and Department of Environmental Protection; Executive Regulations; Indirect Purchases.
(1) The Office of Procurement must review all specifications of the Using Departments and all cooperative purchasing agreements to ensure compliance with this Section, appropriate use of percentage price preferences, and consistency among Using Departments procuring similar goods. To the extent available, the Office of Procurement must provide the Using Departments with lists of acceptable products containing recycled materials published by the State of Maryland for use by state agencies or any similar information developed by the County.
(2) The Department of Environmental Protection must provide technical assistance, when requested by the Office of Procurement or a Using Department, concerning recycled material content in any product, or similar matters.
(3) In adopting any regulations to administer this Section, the County Executive may, to the extent consistent with this Section, incorporate guidelines of the U.S. Environmental Protection Agency concerning the use of products containing materials recovered from solid waste, including cement and concrete containing fly ash, paper and paper products, asphalt materials, oils and hydraulic fluids, and retread tires.
(4) Regulations or contract specifications may be adopted that provide minimum recycled content requirements. In addition, provision should be made for estimates by vendors, certification, and verification of the amount of recycled content in goods supplied to the County under this Section.
(5) The County may require use of recycled materials for purchases by contractors or grantees using appropriated County funds.
(e) Report by Office of Procurement. The Director, in consultation with the Director of Environmental Protection, must submit a report to the County Council and County Executive by September 30 each year about implementation of this Section for the prior fiscal year. The report must describe County government efforts to encourage the maximum purchase of goods containing recycled materials under this Section and recommend measures that could increase County purchases of goods containing recycled materials. The report should specifically provide:
(1) the dollar value of recycled paper purchased and the dollar value of all other paper and paper products purchased;
(2) to the extent ascertainable, the quantity and dollar value of recycled paper purchased with:
(A) at least 80% post-consumer waste content; and
(B) other post-consumer waste or waste paper characteristics determined relevant by the County Executive;
(3) a summary of major specification revisions made during the year by the Using Departments and in any cooperative purchasing arrangement;
(4) the dollar value of goods procured under this Section containing recycled materials, other than recycled paper;
(5) a summary of determinations that compliance with this Section is impracticable;
(6) a review of the variation, if any, between estimates and certifications concerning the recycled content in goods supplied to the County under this Section;
(7) the cost to the County of implementing this Section;
(8) suggested legislative or administrative changes; and
(9) any other relevant information. (1994 L.M.C., ch. 30, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, states: Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.