State of Washington EPP Laws, Rules and Directives
The State of Washington has a broad legislative and policy mandate for environmentally preferable purchasing (EPP) activities. This EPP mandate is articulated in laws, executive orders and statewide plans, which require state agencies to:
Local governments, school districts and political subdivisions frequently adopt EPP practices to help reduce their impact on Washington's environment and human health.
RulesChapter 173-333 WAC - Persistant Bioaccumulative Toxins (PBTs)
The goal of this rule is to reduce and phase-out PBT uses, releases and exposures in Washington. The rule establishes a process that the Department of Ecology will use to evaluate and identify actions that should be taken for particular PBTs.
The purpose of the rule is to:
Bills and LawsChapter 70.270 RCW Replacement of Lead Wheel Weights
This statute provides that on and after January 1, 2011, a person (including governmental entities) who replaces or balances motor vehicle tires must replace lead wheel weights with environmentally preferred wheel weights on all vehicles when they replace or balance tires in Washington.
Chapter 70.285 RCW - Brake Friction Material
Beginning January 1, 2014, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing any of the following constituents in an amount exceeding the specified concentrations:
Prohibition on the manufacturing and sale of children's products containing lead, cadmium, or phthalates. Beginning July 1, 2009, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state a children's product or product component containing lead, cadmium or phthalates. The department of ecology, in consultation with the department of health, shall identify high priority chemicals that are of high concern for children after considering a child's or developing fetus's potential for exposure to each chemical.
Chapter 70.280 RCW - Bisphenol A - Restrictions on Sale
Beginning July 1, 2011, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, any bottle, cup, or other container, except a metal can, that contains bisphenol A if that container is designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container by children three years of age or younger and is sold or distributed at retail without containing any liquid, food, or beverage.
Beginning July 1, 2012, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, sports bottles that contain bisphenol A.
Chapter 70.295 RCW - Storm Water Pollution - Coal Tar
After January 1, 2012, no person may sell at wholesale or retail a coal tar pavement product that is labeled as containing coal tar.
After July 1, 2013, a person may not apply a coal tar pavement product on a driveway or parking area.
Chapter 70.76 RCW - Polybrominated Diphenyl Ethers - Flame Retardants
After January 1, 2008, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state noncomestible products containing polybrominated diphenyl ethers (PBDEs). The statute applies to all uses of penta-bde and octa-bde, and specific uses of deca-bde. The department shall assist state agencies to give priority and preference to the purchase of equipment, supplies, and other products that do not contain PBDEs.
Chapter 70.95G RCW - Packages Containing Metals
This statute restricts the amount of lead, mercury, cadmium, and hexavalent chromium that can be intentionally introduced to packaging during manufacturing or distribution.
Chapter 70.95M RCW - Mercury Education Reduction Act
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:
This statute states that the department of enterprise services shall establish purchasing and procurement policies that provide a preference for products and products in packaging that does not contain polychlorinated biphenyls.
No agency may knowingly purchase products or products in packaging containing polychlorinated biphenyls above the practical quantification limit except when it is not cost-effective or technically feasible to do so.
Chapter 39.26.160 RCW - Procurement of Goods and Services
Bid awards -- Considerations -- Requirements and criteria to be set forth -- Negotiations -- Use of enterprise vendor registration and bid notification system. This statute amends several statutes to the effect that in determining the lowest responsive and responsible bidder, an agency may consider best value criteria, including but not limited to whether the bid considers human health and environmental impacts.
Chapter 43.19 RCW - Department of Enterprise Services
This statute, the Department of Enterprise Services enabling legislation, provides a broad legislative basis for state purchases of recycled-content and energy-saving products. It also provides flexibility for the 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 responsible bidder.
Chapter 43.19A RCW Recycled product procurement
Chapter 43.19A.022 RCW - Recycled
content paper for printers and copiers - Purchasing Priority
Chapter 70.95.725 RCW - Paper conservation program -
Paper recycling program
This statute requires that:
(16) All governmental entities in the state should set an example by implementing aggressive waste reduction and recycling programs at their workplaces and by purchasing products that are made from recycled materials and are recyclable.
Chapter 43.19.642 RCW - Biodiesel
Chapter 43.19.637 RCW - Clean-fuel vehicles -
Chapter 39.35D RCW - High-Performance Public
This statute establishes the use of Washington State-based resources, building materials, products, industries, manufacturers, and other businesses as a priority in green building projects.
Executive Order 02-03 Sustainable
practices by State Agencies
Executive Order 04-01 Persistent
Executive Order 05-01 Establishing
Sustainability and Efficiency Goals for State Operations
Executive Order 13-06 Improving
the Health and Productivity of State Employees and Access to Healthy Food in State Facilities
Beyond Waste Plan
Beyond Waste Plan is the state plan for solid and
hazardous waste management. It sets a vision to
reduce or eliminate most wastes and toxics by 2035, and use any remaining wastes as resources. The plan
provides guidance for reducing the use of products with toxic substances, decreasing waste, increasing
recycling and properly managing remaining wastes, and focuses on some of the largest and most risky
portions of our waste stream. The Plan promotes EPP as an important strategy.
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