Sec. 1. When procuring disposable plastic products, including refuse bags, a state educational institution shall procure disposable plastic products that are degradable if:
(1) degradable products are available at the time of the procurement;
(2) it is economically feasible to procure degradable products;
(3) the procurement of degradable products is not inappropriate because of:
(A) federal regulations or policy in matters involving the federal government; or
(B) the special requirements of scientific uses;
(4) the degradable product to be procured is economically and functionally the equivalent of disposable plastic products that:
(A) meet applicable specifications; and
(B) are not degradable; and
(5) the degradable product to be procured is, in the determination of the state educational institution, a type of product for which the use of degradable materials is appropriate based upon:
(A) the functional use of the product; and
(B) whether the product will probably be recycled or disposed of in a final disposal facility.
[Pre-2007 Higher Education Recodification Citation: 20-12-68-6.]
As added by P.L.2-2007, SEC.278.