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Environmentally Preferable Purchasing
State of WA EPP Laws & Directives
The State of Washington has a broad legislative and policy mandate
for environmentally preferable purchasing (EPP) activities. This EPP
mandate is articulated in executive orders, laws, and statewide plans,
which require state agencies to:
- Increase purchases of environmentally preferable products.
- Reduce energy use.
- Reduce greenhouse gas emissions.
- Reduce water use.
- Institute green building practices.
Local governments, school districts and political subdivisions are
also required in some cases to institute EPP practices to help reduce
their impact on Washington’s environment and human health.
EPP and Sustainability Practices
Chapter 43.19 RCW Department of General Administration 1965
This statute, the Department of General Administration’s (GA) enabling
legislation, provides a broad legislative basis for state purchases
of recycled-content and energy-saving products. It also provides flexibility
for GA’s Office of State Procurement (OSP) to award state contracts
based on environmental considerations. It establishes that factors
beyond price, including past performance and life cycle costing, are
to be used in determining the lowest responsible bidder.
Executive Order 02-03
SUSTAINABLE PRACTICES BY STATE AGENCIES 2002
Executive Order 02-03, signed in 2002 by Governor Locke, calls for
each state agency to establish sustainability objectives and prepare
a biennial Sustainability Plan to modify its practices regarding resource
consumption, vehicle use, purchase of goods and services, and facility
construction, operation and maintenance. Agency plans are to be guided
by these long-term goals:
- Expand markets for environmentally preferable products and services.
- Shift to clean energy for both facilities and vehicles.
- Minimize energy and water use.
- Shift to non-toxic, recycled and remanufactured materials in purchasing and construction.
- Reduce and eliminate waste as an inefficient or improper use of resources.
- Institutionalize sustainability as an agency value.
- Raise employee awareness of sustainable practices in the workplace.
The Executive Order requires each agency to submit an annual report
on progress in implementing its Sustainability Plan. The Office of
Financial Management designates a Sustainability Coordinator to help
state agencies meet the goals of the Executive Order (see Sustainable
Washington).
Executive Order 05-01 ESTABLISHING SUSTAINABILITY AND EFFICIENCY
GOALS FOR STATE OPERATIONS 2005
This Executive Order, signed by Governor Locke in 2005, directs state
agencies to:
- Incorporate green building practices based on Leadership in Energy
and Environmental Design (LEED)standards
into all building construction projects and major remodeling projects.
- Achieve a 20 percent reduction in petroleum use in the operation
of state vehicles by 2009, by:
- Giving priority to the purchase and use of hybrid gas/electric,
other fuel-efficient and low-emission vehicles, and new petroleum-efficient
vehicles.
- Giving priority to replacement of low-efficiency pre-1996 vehicles.
- Replacing standard diesel with a 20 percent biodiesel blend by 2009.
- Using a minimum 5 percent biodiesel blend as soon as practicable.
- Freeze purchases of four-wheel drive SUVs.
- Use professional fleet management practices to achieve more fuel-
efficient and low- emission agency fleets.
- Reduce total energy purchases by 10 percent from FY 2003 levels
by 2009 and report annually on total energy usage.
- Reduce impact of agency paper purchases by:
- Decreasing the overall use of office paper by 30 percent.
- Increasing the purchase of environmentally preferable paper to
at least 50 percent of all paper purchases. This paper is defined
as 100 percent recycled-content paper with at least 50 percent post-consumer
content, which means paper that has completed its life cycle as
a consumer item, and does not include manufacturing wastes.
- Recycling all used office paper.
- Significantly increasing the purchase of janitorial paper products
with post-consumer content.
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Climate Change and Energy
Chapter
43.19.642 RCW Biodiesel 2006
This statute was established to develop markets for less polluting
biodiesel fuels by encouraging state agencies to purchase this fuel.
State agencies are:
- Encouraged to use a fuel blend of 20 percent biodiesel in diesel-powered
vehicles and equipment.
- Required to use biodiesel as an additive to ultra-low sulfur diesel
for lubricity if: 1) use of the additive is warranted, and 2) biodiesel
is comparable in performance and cost with other available lubricity
additives.
- Required to use at least 20 percent biodiesel for the operation
of the agencies' diesel-powered vessels, vehicles, and construction
equipment by June 1, 2009.
Chapter
43.19.637 RCW Clean-fuel vehicles - Purchasing requirements 2003
- At least thirty percent of all new vehicles purchased through
state contracts shall be clean-fuel vehicles.
- The percentage of clean-fuel vehicles purchased through a state
contract shall increase at the rate of five percent each year.
- The Department of General Administration shall seek to increase
the purchasing levels of clean-fuel vehicles above the minimum.
GA is also directed to investigate all opportunities to aggregate
their purchasing with local governments to determine whether or
not they can lower their costs and make it cost-efficient to increase
the percentage of clean-fuel or high gas mileage vehicles in both
the state and local fleets.
Executive Order 07-02 WASHINGTON CLIMATE CHANGE CHALLENGE 2007
This Executive Order, signed by Governor Gregoire in 2007, establishes
goals for reducing greenhouse gas (GHG) emissions and building a clean
energy economy for Washington State. The legislature passed Chapter
80.50 RCW to establish these goals as Washington State law and executive
cabinet agencies are directed to provide their full assistance in
developing the initiative. The goals are:
- Reduce greenhouse gas emissions in the state of Washington to
1990 levels by 2020.
- Reduce greenhouse gas emissions in the state of Washington to
25 percent below 1990 levels by 2035.
- Reduce emissions to 50 percent below 1990 levels by 2050, or 70
percent below the state’s expected emissions for that year.
- Increase the number of clean energy sector jobs from the 8,400
jobs existing in 2004 to 25,000 by 2020.
- Reduce expenditures on fuel imported into the state by 20 percent
by developing Washington resources and supporting efficient energy
use by 2020.
These goals are to be met in part by fully implementing recent EPP-related
policy actions outlined in existing Executive Orders and legislation:
- By 2009, reduce total energy purchases by state agencies by 10
percent from 2003 levels, thus achieving the goals established in
Executive Order 05-01.
- Retrofit the most polluting diesel engines in school buses and
local government vehicles.
- Construct high performance green buildings.
The Washington Climate Change Challenge
This initiative, established in April 2007
by the executive order, will identify new actions to help achieve
the goals. One of these new actions will be to determine how the state
of Washington, as an entity, will reduce its generation of greenhouse
gas emissions, which may impact purchasing practices in the future.
HB 1303 Encouraging the use of cleaner energy 2007
This statute encourages in-state production of sustainable bio-fuels,
helping to create new jobs and a clean energy economy. The EPP-related
provisions of this bill are summarized below:
- School Bus Fleets
- Authorizes an additional $2.3 million to retrofit public-sector
diesel vehicles to reduce highly toxic emissions. The Legislature
authorized $2 million in 2005 to retrofit 20 percent of local government
diesel engine vehicles. The new legislation also allows a portion
of existing retrofit funding to be used for privately-owned diesel
vehicles.
- Directs the Superintendent of Public Instruction to develop a
school bus replacement program.
- Hybrids and Electric Vehicles
- Authorizes the state to use plug-in hybrid vehicles and to provide
plug-in capability with state-purchased power at state locations.
- Creates the Green Energy Incentive subaccount to fund the state
use of plug-in hybrid vehicles and provision of plug-in capability
at state locations. Tax and fee incentives can be provided to encourage
individual and fleet purchases of plug-in hybrid vehicles.
- Establishes a grant program for purchase of or conversion of existing
vehicles to plug-in hybrid electric vehicles or battery electric
vehicles by state and local entities.
- Provides a business and occupation state tax deduction from the
sale, lease, or rental of auxiliary power to heavy-duty diesel vehicles
to minimize idling. The bill also supports the provision of incentives
to encourage the use of plug-in truck auxiliary power units and
truck stop electrification.
- Port Electrification
- Supports port electrification through the use of plug-in shore
power and cargo and cruise ship terminals, shipside technology,
and use of electric power alternatives for port-related operations
and equipment.
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Green Building
Chapter
39.35D RCW High-Performance Public Buildings 2005
This statute requires all new state-funded facilities over 5,000 square
feet to meet green building criteria. Major office and higher education
facility projects are required to achieve LEED™ Silver certification.
New K-12 schools are required to meet the Washington Sustainable Schools
Protocol (WSSP) or achieve LEED certification.
One focus of this statute is to increase demand for building materials
and products that are extracted and manufactured locally, thereby
reducing environmental impacts and supporting the local economy. As
a result, it establishes the use of Washington State-based resources,
building materials, products, industries, manufacturers, and other
businesses as a priority. In most cases, the Department of General
Administration's Sustainable
Design and Construction program oversees construction of new state
facilities built to LEED standards.
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Toxics Reduction
Chapter
70.95M RCW Mercury Education Reduction Act 2003
In 2003, Washington State began implementing the Washington
Mercury Chemical Action Plan, and the Legislature passed the Mercury
Education Reduction Act (MERA). The law mandates the reduced use of
mercury in consumer products and in some cases the elimination of
mercury-containing products. The law provides that:
- Bulked mercury, thermometers, thermostats, manometers, and novelties
containing mercury are banned from sale in Washington State.
- The Department of General Administration (GA) shall give priority
and preference to the purchase of equipment, supplies, and other
products that contain no mercury-added compounds or components,
with certain designated exceptions.
• Fluorescent lamps containing mercury must be labeled as containing
mercury to be sold in Washington State. The manufacturer has primary
responsibility for affixing these labels.
• Schools may not purchase, use, or possess elemental mercury.
Executive Order 04-01 PERSISTENT TOXIC CHEMICALS 2004
This Executive Order, signed by Governor Locke in 2004, directs state
agencies to take steps to reduce persistent toxic chemicals in Washington
State’s environment. Specifically, it says that:
- Each state agency shall adopt measures to reduce the use of equipment,
supplies and other products that contain persistent toxic chemicals
and include these actions in their Sustainability Plans.
- The Department of General Administration (GA) Office of State
Procurement (OSP) shall make products that do not contain persistent
toxic chemicals available to state agencies. If such products are
not available, preference shall be give to products with the least
amount of persistent toxic chemicals.
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Waste Reduction
Chapter
43.19A RCW Recycled product procurement 1991
This statute was established to substantially increase the purchase
of recycled-content products by all state and local government agencies,
including higher education and public schools. To boost purchases
by state agencies, GA is directed to prepare a strategy for state
agencies to increase purchases of recycled-content plastic products,
retread and remanufactured tires, motor vehicles, lubricants, latex
paint, and lead acid batteries. The strategy is to include actions
so that 80 percent of paper and compost product purchases by state
agencies will be recycled-content products.
Beyond Waste Plan
Adopted November 2004
The Beyond Waste Plan is a statewide strategy for eliminating waste
and the use of toxic substances. The plan provides guidance for reducing
the use of products with toxic substances, decreasing waste, increasing
recycling and properly managing remaining wastes. The Beyond Waste
Plan meets state law requirements for statewide solid- and hazardous-waste
plans for the state of Washington.
The state will lead by example through several EPP-related Beyond
Waste initiatives:
- Reduce Purchases of Hazardous Products and Services
State government will reduce the use and purchase of hazardous products
and services by developing and implementing environmentally preferred
purchasing policies and practices for the following priority areas
and products:
- Automotive products and vehicles (re-refined oil, alternative
fuels and/or hybrid-fuel vehicles, non-mercury switches, antifreeze
and batteries).
- Grounds maintenance/integrated pest management.
- Electronic products.
- Building materials (including paints, carpet, fixtures, and furnishings).
- Cleaning products.
- Safer flame-retardants.
Five
Year Milestone: All of state government and 80 percent of
other entities that are members of the Washington State Purchasing
Cooperative are using EPP for products and services.
- Reduce Industry Waste
State government will develop tools to assist industry in supporting
the economic vitality of Washington State industries as we reduce
wastes and toxic releases, and to increase the use of recyclable materials.
Five
Year Milestone: Government is leading by example, with significantly
less waste generation and less use of toxic substances at the local,
state and federal levels. State agencies are actively implementing
their sustainability plans.
- Support Green Building
Washington State government will:
- Build or renovate all state-funded buildings to Leadership in
Energy and Environmental Design (LEED™) standards, or equivalent
standards.
- Adapt state government procurement processes to ensure green building
materials are purchased.
Five
Year Milestone: All new state government buildings are meeting
green building standards.
- Support Organics
Washington State government will lead by example both through organics
recovery programs as well as through the purchase of more recycled
organic products. Specifically, state government will:
- Maximize procurement of recycled organic products and the use
of products that do not contaminate organic materials.
Five
Year Milestone: Best management practices for organics recycling
at institutions are in use and at least six organics recycling programs
are operating in large institutions and government agencies. Performance-based
product labeling requirements are in place for organic products that
are sold or given away.
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