HB 399

1	A bill to be entitled
2	An act relating to procurement of environmentally
3	preferable cleaning products; creating s. 287.048, F.S.;
4	providing definitions; directing the Department of
5	Management Services, in cooperation with the Department of
6	Environmental Protection, to review  and revise the
7	statewide procurement procedure and specifications for the
8	purchase of cleaning products; directing each state agency
9	to review and revise procurement procedures and
10	specifications for the purchase of cleaning products;
11	specifying requirements for such review and revision;
12	requiring each agency to make a determination for the
13	procurement of environmentally preferable cleaning
14	products; requiring the Auditor General to assist in
15	monitoring the product procurement requirements; providing
16	requirements for contract solicitation; providing
17	requirements for submission of bids, proposals, and
18	replies; providing requirements for evaluation of bids,
19	proposals, and replies; authorizing the Department of
20	Management Services to adopt rules specifying the criteria
21	for such evaluations; authorizing price preference in
22	contract awards for vendors who offer certified
23	environmentally preferable cleaning products and who are
24	domiciled in the state; requiring the department to
25	establish rules for price preferences; requiring the
26	department to evaluate proposed environmentally preferable
27	products for inclusion in procurement procedures;
28	requiring each agency to purchase environmentally
29	preferable cleaning products if available and meeting
30	certain criteria; providing for the procurement of
31	nonenvironmentally preferable cleaning products under
32	certain circumstances; requiring the department to
33	establish rules for the implementation of environmentally
34	preferable cleaning product procurement; requiring each
35	agency to submit an annual report to the department;
36	providing report requirements; requiring the department to
37	prepare annual summaries and submit a report to the
38	Governor and the Legislature; providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 287.048, Florida Statutes, is created
43	to read:
44	287.048  Procurement of environmentally preferable cleaning
45	products.--
46	(1)  For the purposes of this section, the term
47	"environmentally preferable cleaning products" means cleaning
48	products that have a lesser or reduced effect on human health
49	and the environment than competing cleaning products that serve
50	the same purpose.
51	(2)(a)  The department, in cooperation with the Department
52	of Environmental Protection, shall review and revise statewide
53	procurement procedures and specifications for the purchase of
54	cleaning products to eliminate any procedures and specifications
55	that explicitly discriminate against cleaning products that are
56	environmentally preferable, unless such procedures and
57	specifications are necessary to protect the public health,
58	safety, and welfare.
59	(b)  Each agency shall review and revise its procurement
60	procedures and specifications for the purchase of cleaning
61	products to eliminate any procedures and specifications that
62	explicitly discriminate against cleaning products that are
63	environmentally preferable, unless such procedures and
64	specifications are necessary to protect the public health,
65	safety, and welfare.
66	(3)(a)  The department and each agency shall review its
67	procurement provisions and specifications for the purchase of
68	cleaning products to determine which environmentally preferable
69	cleaning products could be procured by the department and
70	agencies. In making such determination, the department and each
71	agency shall refer to the guidelines for environmentally
72	preferable purchasing set forth by the United States
73	Environmental Protection Agency.
74	(b)  The department and each state agency shall review and
75	revise its procurement procedures and specifications for the
76	purchase of cleaning products to ensure, to the maximum extent
77	feasible, that each agency uses state contracts to purchase
78	environmentally preferable cleaning products. Such review and
79	revision shall include an implementation measure that avoids
80	wasting of existing inventories, accommodates establishment of
81	available vendors and products, enables training of personnel in
82	appropriate work practices, and allows the phase-out of products
83	and practices inconsistent with the provisions of this section.
84	(c)  The Auditor General shall assist in monitoring the
85	product procurement requirements.
86	(4)(a)  Upon completion of the review required in
87	subsection (3), the department and each agency shall require
88	that a person who submits a bid, proposal, or reply for a
89	contract for the purchase of cleaning products must certify in
90	writing whether the cleaning product subject to the bid,
91	proposal, or reply is an environmentally preferable cleaning
92	product. A person may certify that the product is not
93	environmentally preferable.
94	(b)  Upon evaluation of bids, proposals, or replies for
95	each public contract that involves the purchase of products
96	identified in subsection (3), the department or agency shall
97	identify the lowest responsible and responsive vendor and other
98	responsible and responsive vendors who have certified that the
99	products are environmentally preferable as set forth in the
100	solicitation.
101	(c)  The department or agency may consider life-cycle
102	costing when evaluating a bid, proposal, or reply on
103	environmentally preferable cleaning products. The department
104	shall adopt rules that specify the criteria to be used when
105	considering life-cycle costing in evaluating bids, proposals, or
106	replies.
107	(5)(a)  In awarding a contract for the purchase of
108	environmentally preferable cleaning products, the department or
109	agency may allow up to a 10-percent price preference to a
110	responsible and responsive vendor who has certified that the
111	products are environmentally preferable. An additional price
112	preference of up to 5 percent may be allowed if the vendor is
113	also domiciled in the state. The amount of the price preference
114	shall be commensurate with the life cycle of the products,
115	including raw material acquisition, production, manufacturing,
116	packaging, distribution, reuse, operation, maintenance, or final
117	disposal of the products on a sliding scale as established by
118	department rule.
119	(b)  Environmentally preferable cleaning products shall be
120	used where economically and technically feasible. If no vendor
121	offers environmentally preferable cleaning products with
122	measurable life-cycle costing factors, the contract shall be
123	awarded to the lowest bidding qualified responsible and
124	responsive vendor.
125	(6)  Any person may request the department to evaluate a
126	cleaning product to determine if the product is eligible for
127	inclusion under state contracts. The department shall review
128	each reasonable proposal to determine its merit and, if it finds
129	that the product is environmentally preferable, it may
130	incorporate that product into its procurement procedures.
131	(7)  The department and each agency shall review and revise
132	its procedures and specifications on a continuing basis to
133	encourage the use of environmentally preferable cleaning
134	products and shall, in developing new procedures and
135	specifications, encourage the use of environmentally preferable
136	cleaning products.
137	(8)  An agency, or a vendor contracting with such agency
138	with respect to work performed under contract, must procure
139	environmentally preferable cleaning products if the department
140	determines that those products are available pursuant to
141	subsection (3). A decision not to procure such items must be
142	based on the department's determination that such procurement is
143	not reasonably available within an acceptable period of time or
144	fails to meet the performance standards set forth in the
145	applicable specifications or fails to meet the performance
146	standards of the agency.
147	(9)  The department shall establish rules for the
148	implementation of environmentally preferable cleaning product
149	procurement, including a uniform reporting mechanism. Each
150	agency shall report annually to the department its total
151	expenditures on, and use of, environmentally preferable cleaning
152	products. The department shall prepare annual summaries of
153	statewide environmentally preferable purchases to be submitted
154	to the Governor, the President of the Senate, and the Speaker of
155	the House of Representatives.
156	Section 2.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.