Missouri Revised Statutes
Chapter 34 - State Purchasing and Printing
Section 34.031 - Recycled products, preference for products made from solid waste — elimination of purchase of products made from polystyrene foam — commissioner of administration, duties — report.

Effective - 28 Aug 2014
34.031. Recycled products, preference for products made from solid waste — elimination of purchase of products made from polystyrene foam — commissioner of administration, duties — report. — 1. The commissioner of administration, in consultation with the environmental improvement and energy resources authority of the department of natural resources, shall give full consideration to the purchase of products made from materials recovered from solid waste and to the reduction and ultimate elimination of purchases of products manufactured in whole or in part of thermoformed or other extruded polystyrene foam manufactured using any fully halogenated chlorofluorocarbon (CFC). Products that utilize recovered materials of a price and quality comparable to products made from virgin materials shall be sought and purchased, with particular emphasis on recycled oil, retread tires, compost materials and recycled paper products. The commissioner shall exercise a preference for such products if their use is technically feasible and, where a bid is required, their price is equal to, or less than, the price of items which are manufactured or produced from virgin materials. Products that would be inferior, violate safety standards or violate product warranties if the provisions of this section are followed may be excluded from the provisions of this section.
2. The commissioner of administration shall:
(1) Review the procurement specifications in order to eliminate discrimination against the procurement of recycled products;
(2) Review and modify the contract specifications for paper products and increase the minimum required percentage of recycled paper in each product as follows:
(a) Forty percent recovered materials for newsprint;
(b) Eighty percent recovered materials for paperboard;
(c) Fifty percent waste paper in high grade printing and writing paper;
(d) Five to forty percent in tissue products;
(3) Support federal incentives and policy guidelines designed to promote these goals;
(4) Develop and implement a cooperative procurement policy to facilitate bulk order purchases and to increase availability of recycled products. The policy shall be distributed to all state agencies and shall be made available to political subdivisions of the state;
(5) Conduct a survey using existing staff of those items customarily required by the state that are manufactured in whole or part from polystyrene plastic, and report its findings, together with an analysis of environmentally acceptable alternatives thereto, prepared in collaboration with the department of natural resources, to the general assembly and every state agency within six months of August 28, 1995.
3. Notwithstanding the provisions of this section, no state agency may purchase any food or beverage containers or wrapping manufactured from any polystyrene foam manufactured using any fully halogenated chlorofluorocarbon (CFC) found by the United States Environmental Protection Agency (EPA) to be an ozone-depleting chemical.
4. No state agency may purchase any items made in whole or part of thermoformed or other extruded polystyrene foam manufactured using any fully halogenated chlorofluorocarbon (CFC) found by the United States Environmental Protection Agency (EPA) to be an ozone-depleting chemical without approval from the commissioner of administration. Approval shall not be granted unless the purchasing agency demonstrates to the satisfaction of the director of the department of natural resources and the commissioner that there is no environmentally more acceptable alternatives or the quality of such alternatives is not adequate for the purpose intended.
5. For each paper product type and corresponding recycled paper content standard pursuant to subdivision (2) of subsection 2 of this section, attainment goals for the percentage of paper products to be purchased that utilize post-consumer recovered materials shall be:
(1) Ten percent in 1991 and 1992;
(2) Twenty-five percent in 1993 and 1994;
(3) Forty percent in 1995; and
(4) Sixty percent by 2000.
6. In the review of capital improvement projects for buildings and facilities of state government, the commissioner of administration shall direct the division of facilities management, design and construction to give full consideration to alternatives which use solid waste, as defined in section 260.200, as a fuel for energy production or which use products composed of materials recovered from solid waste.
7. The commissioner of administration, in consultation with the environmental improvement and energy resources authority of the department of natural resources, shall prepare and provide by January first of each year an annual report summarizing past activities and accomplishments of the program and proposed goals of the program including projections for each affected agency. The report shall also include a list of products utilizing recovered materials that could substitute for products currently purchased and a schedule of amounts purchased of products utilizing recovered materials compared to purchases of similar products utilizing virgin materials for the period covered by the annual report.
8. The office of administration, department of natural resources and department of economic development shall cooperate jointly and share to the greatest extent possible, information and other resources to promote:
(1) Producers or potential producers of secondary material goods to expand or develop their product lines;
(2) Increased demand for secondary materials recovered in Missouri; and
(3) Increased demand by state government for products which contain secondary materials recovered in Missouri.
9. The commissioner of administration may increase minimum recycled content percentages for paper products, minimum recycled content percentages for other recycled products and establish minimum post-consumer content as such products become available. The preference provided in subsection 1 of this section shall apply to the minimum standards established by the commissioner.
­­--------
(L. 1986 S.B. 475, A.L. 1989 H.B. 438, et al., A.L. 1990 S.B. 530, A.L. 1995 H.B. 562, A.L. 2014 H.B. 1299 Revision)

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title IV - Executive Branch

Chapter 34 - State Purchasing and Printing

Section 34.010 - Definitions.

Section 34.030 - Commissioner to purchase all supplies and lands — requirements for certain land purchases.

Section 34.031 - Recycled products, preference for products made from solid waste — elimination of purchase of products made from polystyrene foam — commissioner of administration, duties — report.

Section 34.032 - Recycled paper to be used, when — recyclable products to be collected by all state agencies — sale proceeds to fund utilicare.

Section 34.040 - Purchases to be made on competitive bids, when, how — standard specifications, when — exception — failure to pay taxes, effect of — reverse auctions, when — rulemaking authority.

Section 34.042 - Competitive bidding may be waived for competitive proposals, when — procedure — contract to be let to the lowest and best offeror.

Section 34.043 - Competitive bidding — waiver of permitted, when.

Section 34.044 - One source of supplies, waiver of competitive bids and proposals — rescission of waiver, when — single source exists, when — advertising waived, when.

Section 34.045 - Emergency procurement, waiver of competitive bids or proposals.

Section 34.046 - Contract directly with other governmental entities for purchase of supplies.

Section 34.047 - Information technology purchases, online bidding/vendor registration system to be used for notice, when.

Section 34.048 - General Services Administration vendors, purchase of supplies authorized.

Section 34.050 - Regulations for purchase of supplies — rules generally, promulgation, procedure.

Section 34.055 - State to pay late charges for supplies and services, when, rate — vendor to apply, exception — energy assistance program for persons of low income, recipients exempt from interest charges.

Section 34.059 - Surety bonds required for public works contracts or construction, public entity cannot require they be obtained from particular insurance or surety company.

Section 34.060 - Requests for bids on supplies and materials to be in general terms — to recite preference for Missouri products.

Section 34.070 - Preference to Missouri products and firms.

Section 34.071 - Commodities defined.

Section 34.073 - Missouri businesses, performance of jobs or services, preference, when.

Section 34.074 - Disabled veterans, state and political subdivision contracts, preference to be given, when — rulemaking authority.

Section 34.076 - Out-of-state contractors or products for public works, requirements, exceptions.

Section 34.080 - Institutions to use coal from Missouri or adjoining states, when — institution defined.

Section 34.090 - Laws requiring purchase from state institutions to be given effect.

Section 34.100 - Direct purchases and emergency purchases, when authorized, procedure.

Section 34.110 - Acceptance of gifts to state — purchase of surplus war materials.

Section 34.115 - Return of gifts made to state to donor, when, how — donation of motor vehicles to assist military veterans, return of title, when.

Section 34.120 - Departments to report supplies on hand, records of purchase.

Section 34.125 - Departments to keep inventories of nonexpendable property.

Section 34.140 - Inventory of removable equipment, when — transfer of supplies between departments, when — distribution to certain donees, definitions, procedure — sale by auction, sealed bid — sidearms and badges, who may purchase, when.

Section 34.150 - Violation by any department renders contract void — liability of head of department.

Section 34.160 - Commissioner not to be interested in concern making bids for furnishing supplies or printing — penalty for violation.

Section 34.165 - Commissioner to give bidding preference to the blind, when — authority to make rules — auditor may examine records, when.

Section 34.170 - Commissioner to purchase all state printing — exceptions.

Section 34.175 - Soybean-based ink to be used for state printing, when — logo requirement — effective when.

Section 34.180 - To determine form of printed matter — exceptions.

Section 34.190 - Determine size and number of reports to be printed.

Section 34.192 - Reports, method of preparation — minimization of volume of printed material produced.

Section 34.350 - Missouri domestic product procurement act — law, how cited — definitions.

Section 34.353 - All public agencies and political subdivisions to purchase or lease only goods or commodities produced in the United States, exceptions, procedure.

Section 34.355 - Vendor to furnish proof of compliance — misrepresentation of facts, penalty.

Section 34.359 - Treaties and law of the United States to supersede.

Section 34.363 - Listing of Missouri products, office of administration to compile and provide access — state agencies to make good faith search for Missouri companies to provide products and services.

Section 34.375 - Purchasing agents for governmental agencies to give preference to food and beverages containing higher levels of calcium, exceptions.

Section 34.376 - Citation of act — definitions.

Section 34.378 - Contingent fee contracts, limitations — written proposals, when — standard addendum — posting of contracts on website — record-keeping requirements — fees, limitation on — report, contents.

Section 34.380 - Contractual authority not expanded.

Section 34.600 - Citation of law — public entity contracts, no boycott of goods or services from Israel — definitions — violation, voiding of contract — rulemaking authority.