(a) It is the policy of the State of West Virginia that, to the maximum extent possible, all agencies and instrumentalities of the state purchase recycled products. The goal of the state is to achieve a recycled product mix on future purchases.
(b) In furtherance of the aforesaid goal, the Secretary of the Department of Administration in consultation with the Secretary shall develop a comprehensive procurement program for recycled products. The program shall include, but not be limited to:
(1) A review, and subsequent revision, of existing procurement procedures and bid specifications to remove language that discriminates against recycled products;
(2) A review, and subsequent revision, of existing procurement procedures and bid specifications to ensure that, to the maximum extent possible, all agencies and instrumentalities of the state purchase recycled products: Provided, That recycled paper products shall be given a price preference of ten percent: Provided, however, That priority shall be given to paper products with the highest postconsumer content;
(3) A plan to eliminate, to the maximum extent possible, the use of disposable and single-use products; and
(4) A requirement that all agencies and instrumentalities of the state use compost in all land maintenance and landscaping activities: Provided, That the use of composted or deep stacked poultry litter products, certified by the Commissioner of Agriculture as being free from organisms that are not found in poultry litter produced in this state, have priority unless determined to be economically unfeasible by the agency or instrumentality.
(c) The Secretary shall prepare and submit an annual report on the thirty-first day of January of each year summarizing the program's accomplishments, prospects for the future, and any recommendations. The report shall be submitted to the Governor, Speaker of the House of Delegates and President of the Senate.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan
§22-15A-1. Legislative Findings and Purpose
§22-15A-3a. Creation of Adopt-a-Stream Program Required
§22-15A-6. Assistance to Solid Waste Authorities
§22-15A-7. Pollution Prevention and Open Dumps
§22-15A-8. Waste Tires Prohibited in Certain Places; Penalty
§22-15A-11. Disposal of Waste Tires
§22-15A-12. Remediation; Liability for Remediation and Court Costs
§22-15A-13. Injunctive Relief; Additional Remedy
§22-15A-14. Authority of Commissioner of Bureau for Public Health
§22-15A-20. Establishment of State Recycling Program for Solid Waste
§22-15A-21. Procurement of Recycled Products
§22-15A-23. Recycling Facilities Exemption
§22-15A-24. Covered Manufacturers; Prohibited Sales; Effective Date
§22-15A-26. Manufacturers' Takeback Programs
§22-15A-27. Civil Actions and Administrative Fines; Powers and Duties of Secretary
§22-15A-28. Retailer Penalties
§22-15A-30. Reclamation of Abandoned and Dilapidated Properties Program