2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 14-410 - Maryland Green Purchasing Committee

§14-410.

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

(2) “Committee” means the Maryland Green Purchasing Committee.

(3) “Environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose, based on the raw materials, manufacturing, packaging, distribution, use, reuse, operation, maintenance, and disposal of the goods or services.

(b) (1) There is a Maryland Green Purchasing Committee.

(2) The Committee consists of the following members:

(i) the Secretary of General Services, or the Secretary’s designee;

(ii) the Secretary of Budget and Management, or the Secretary’s designee;

(iii) the Secretary of Natural Resources, or the Secretary’s designee;

(iv) the Secretary of the Environment, or the Secretary’s designee;

(v) the Secretary of Health and Mental Hygiene, or the Secretary’s designee;

(vi) the Secretary of Business and Economic Development, or the Secretary’s designee;

(vii) the Secretary of Transportation, or the Secretary’s designee;

(viii) the Secretary of Public Safety and Correctional Services, or the Secretary’s designee; and

(ix) the Chancellor of the University System of Maryland, or the Chancellor’s designee.

(3) The Secretary of General Services, or the Secretary’s designee, shall serve as the Chair of the Committee.

(c) The Committee shall provide the State with information and assistance regarding environmentally preferable purchasing, including:

(1) the promotion of environmentally preferable purchasing;

(2) the development and implementation of a strategy to increase environmentally preferable purchasing that may include the development of statewide policies, guidelines, programs, and regulations;

(3) coordination with other State or federal agencies, task forces, workgroups, regulatory efforts, research and data collection efforts, or other programs and services relating to environmentally preferable purchasing; and

(4) the development of an environmentally preferable purchasing best practices manual that may be adopted from other governmental or nongovernmental institutions.

(d) In developing the best practices manual and strategy to increase environmentally preferable purchasing under subsection (c) of this section, the Committee shall consider:

(1) greater use and procurement of meters used to measure electricity consumption that are:

(i) capable of measuring the flow of electricity in two directions; and

(ii) compatible with advanced metering infrastructure;

(2) achievement of greater energy efficiency through implementation of policies that reduce operating times for heating, ventilation, and air-conditioning systems in State-owned or State-operated buildings;

(3) increasing the energy efficiency of new and existing computer servers and data storage center operations; and

(4) procurement of food and beverage containers and utensils that are made of biodegradable materials or plant-based plastics or recyclable products that may contain post consumer recycled contents.

(e) The Committee shall designate a single point of contact for State agencies, suppliers, and other interested parties to contact regarding environmentally preferable purchasing issues.

(f) On or before October 1 of each year, the Committee shall report to the General Assembly, in accordance with § 2-1246 of the State Government Article, on the Committee’s activities and the progress made as a result of the implementation of this section.

(g) This section may not be construed to:

(1) limit or supersede recycled content requirements under any other provision of law; or

(2) require the acquisition of goods or services that:

(i) do not perform adequately for the intended use;

(ii) exclude adequate competition; or

(iii) are not available at a reasonable price in a reasonable period of time.

(h) A bidder or offeror for a procurement contract with the Department of General Services shall certify in writing that any claims of environmental attributes made relating to a product or service are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms.