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Environmentally Preferable Purchasing
State of WA EPP Laws & Executive Orders
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:
- Increase purchases of environmentally preferable products.
- Reduce greenhouse gas emissions.
- Reduce toxins.
- Reduce energy use.
- Reduce water use.
- Use 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.
Laws
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 responsible bidder.
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.
Chapter 43.19A.022 Recycled
content paper for printers and copiers – Purchasing Priority
This statute requires state agencies to purchase one hundred percent recycled content white cut sheet bond paper for use in printers and copiers.
Chapter 70.95.725 Paper conservation program -- Paper recycling program
This statute requires state agencies to:
- Develop and implement a paper conservation program to reduce use of printing and copy paper by 30 percent of current use.
- Develop and implement a paper recycling program with the goal of recycling 100 percent of all copy and printing paper in all buildings with 25 employees or more.
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:
- use of the additive is warranted, and
- 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
This statute was established to require that at least thirty percent of all new vehicles
purchased through state contracts be clean-fuel vehicles. It also states that the percentage
of clean-fuel vehicles purchased through a state contract shall increase at the rate of five percent each year.
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.
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.
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 Orders
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.
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 expand markets for environmentally preferable products and services. With the exception of EPP,
these sustainability objectives have been incorporated into legislation.
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 achieve sustainability
goals which have largely been superseded by legislation.
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.
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