Bill Text: MI HB4246 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: State financing and management; purchasing; biobased procurement plan for state of Michigan purchasing; create. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 261e.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2013-02-13 - Printed Bill Filed 02/13/2013 [HB4246 Detail]

Download: Michigan-2013-HB4246-Introduced.html

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HOUSE BILL No. 4246

 

February 12, 2013, Introduced by Reps. Muxlow, Daley, Pagel, Johnson, Victory, Glardon, Callton and Rendon and referred to the Committee on Oversight.

 

     A bill to amend 1984 PA 431, entitled

 

"The management and budget act,"

 

(MCL 18.1101 to 18.1594) by adding section 261e.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 261e. (1) Except as provided in subsections (4) and (9),

 

when purchasing equipment, material, or supplies, the department

 

shall purchase biobased products in accordance with the biobased

 

product preference program established by the director under this

 

section.

 

     (2) Not later than 180 days after the effective date of this

 

section, the director shall establish a biobased product preference

 

program, which shall give a preference to designated items that are

 

composed of the highest percentage of biobased content practicable

 

or that comply with regulations adopted under 42 USC 6914b-1 by the

 

administrator of the United States environmental protection agency.

 

The purchase of biobased products under the program shall be

 

consistent with other purchasing requirements.

 

     (3) As part of the program, the director shall adopt a policy

 

setting minimum biobased content specifications for awarding

 

contracts in a manner that ensures that the biobased content of

 

products is consistent with the guidelines issued under 7 USC 8102,

 

except when the director determines that subsection (4) or (9)

 

applies.

 

     (4) The director may determine that it is not possible for a

 

biobased product to be purchased in accordance with the biobased

 

product preference program if the director determines that any of

 

the following apply to the product:

 

     (a) The product is not available within a reasonable period of

 

time.

 

     (b) The product fails to meet the performance standards set

 

forth in the applicable specifications for the product.

 

     (c) The price of the product is unreasonable because any of

 

the following apply:

 

     (i) The price exceeds the price of a substantially equivalent

 

nonbiobased product.

 

     (ii) The price exceeds the fair market value of a substantially

 

equivalent nonbiobased product.

 

     (5) In accordance with rules adopted under this section, the

 

director may determine a percentage up to 5% by which the price of

 

a designated biobased product may exceed the price or fair market

 

value of a substantially equivalent nonbiobased product without

 

being considered unreasonable. In doing so, the director shall give

 

consideration to the benefits of expanding the use of biobased

 

products.

 

     (6) For any biobased product offered under the biobased

 

product preference program, a vendor shall certify that the product

 

meets the biobased content requirements for the designated item.

 

Upon request, a vendor shall provide the director with information

 

to verify the biobased content of a biobased product qualifying for

 

purchase in accordance with the program.

 

     (7) The director shall adopt rules in accordance with the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, that prescribe all of the following:

 

     (a) The procedures for giving preference to biobased products

 

in purchases under the program.

 

     (b) The purchasing policy the director adopts under subsection

 

(3).

 

     (c) Procedures and guidelines the director will use in

 

determining percentages for purposes of subsection (5).

 

     (d) Other requirements or procedures that are necessary to

 

implement the biobased product preference program.

 

     (8) The director shall maintain a list of products that

 

qualify as designated items under the biobased product preference

 

program.

 

     (9) If, after assessing the functions of designated items, a

 

state department or agency determines that none of the designated

 

items are functionally capable of meeting a specific need, the

 

department or agency shall notify the director. The department or

 

agency may then proceed with the solicitation and purchase of a

 

nonbiobased product that is functionally capable of meeting that

 

specific need of the department or agency. That purchase does not

 

constitute failure to comply with the biobased product preference

 

program or preclude the department or agency from otherwise

 

participating in the program.

 

     (10) This section does not apply to the purchase of motor

 

vehicle fuel, heating oil, or electricity.

 

     (11) By September 30, 2013 and by September 30 of each year

 

thereafter, the director shall prepare and submit to the governor,

 

the secretary of the senate, and the speaker of the house of

 

representatives a report that describes the number and type of

 

biobased products purchased under this section and the additional

 

amount of money spent by the department and other state agencies

 

for those biobased products.