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State Paper Procurement Laws

State

Description of State Law or Purchasing Practice

Alabama

There is no state statute mandating purchase of recycled paper. Individual agency purchases are at the discretion of each agency purchaser.

Alaska

1994 state law requires that 25% of all paper purchased by state agencies be recycled. In order to be considered recycled, paper must include 50% "waste paper." Both pre and postconsumer materials qualify as "waste paper." State law also specifies that a 5% price preference be afforded to recycled paper.

Arizona

There is no state statute mandating purchase of recycled paper; however, the state procurement code allows for a 5% price preference for recycled paper.

Arkansas

1991 state law requires that 60% of all paper purchased by state agencies be recycled and allows for a 10% price preference for recycled paper. In order to qualify as recycled, paper must include either 50% recycled content, 10% of which must be post consumer, or 20% recycled content, all of which must be postconsumer. An additional 1% price preference is allowed for postconsumer materials recovered within the state.

California

State procurement code mandates that 25% of all fine paper purchased be recycled, which is defined as paper containing 50% postconsumer and secondary material (at least 30% postconsumer). Furthermore, the state allows a 10% price preference for recycled paper products.

Colorado

State procurement code mandates that 50% of paper purchased be recycled, which is defined as paper containing 50% postconsumer and secondary material, with at least 10% postconsumer waste.

Connecticut

State procurement conforms with specifications of President Clinton's Executive Order 12873, as amended March 28, 1996. The Executive Order is currently set at a 30% postconsumer content requirement for high speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white wove envelopes, writing and office paper, book paper, cotton fiber paper and text and cover paper.

Delaware

Governor's Executive Order suggests purchasing recycled paper, but procurement decisions are at the discretion of individual agency purchasing agents. There are no statutory mandates or guidelines.

Florida

State procurement code mandates that 50% of all paper purchased be recycled, which is defined as paper containing at least 10% postconsumer material. State code also mandates that the state purchase 65% recycled paper by 1998. Procurement statutes also allow for a 10% price preference for recycled paper, and a 15% price preference for paper containing material recovered within the state.

Georgia

State law requires that state governmental entities afford an 8% price preference for recycled paper products. Further, the law requires that each government entity meet an annual aggregate rate for purchasing recycled fiber for printing and writing paper and computer paper. The aggregate rate is currently 50%. Recycled fiber content is defined as those materials and by-products that are recovered or diverted from the solid waste stream. The term does not include the virgin portion of mill broke, sawdust, wood chips or wood slabs.

Hawaii

1993 state law requires state agencies to conform to specifications of President Clinton's Executive Order 12873, as amended March 28, 1996. The Executive Order is currently set at a 30% postconsumer content requirement for high speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white wove envelopes, writing and office paper, book paper, cotton fiber paper and text and cover paper.

Idaho

There is no state policy on purchasing or affording preference to recycled products. Purchasing preferences are at the discretion of each state agency.

Illinois

State procurement code mandates that, whenever it is economically and practically feasible, 50% of the dollar amount of paper purchased by the state be recycled. For high grade printing and writing paper to qualify as recycled, it must contain at least 50% recovered material, 50% of which must be postconsumer waste.

Indiana

State law authorizes state agencies to afford a price preference of 10% to 15% for paper products that contain at least 20% post consumer content.

Iowa

Executive Order 56 adopted in 1995 requires that 90% of the printing and writing paper purchased by state agencies be recycled paper. In order to qualify as recycled, printing and writing products must meet EPA's minimum content guidelines specified in the federal Recycled Materials Advisory Notice (RMAN).

Kansas

State procurement code mandates that 25% of the total dollar amount of newsprint and bleached printing and writing paper purchased be recycled. To qualify as recycled, paper must contain 50% recovered material, 10% of which must be postconsumer. State statute also allows for a 5% price preference for recycled paper.

Kentucky

State law requires that paper products purchased by state purchasing units must be recycled. To qualify as recycled, paper products must contain at least 50% recovered fiber, 10% of which must be postconsumer waste.

Louisiana

1989 state law requires state agencies to encourage purchases of recycled paper and paper products, tissue and paper towels. A recycled paper purchasing goal of 30% is also established in the law. Minimum content standards must conform to EPA's content guidelines specified in the federal Recycled Materials Advisory Notice (RMAN). The state allows for a 5% price preference for recycled paper products which contain material recovered within the state.

Maine

State procurement code mandates that 50% of the dollar value of paper purchased by the state be spent on recycled paper. To qualify as recycled, paper products must meet or exceed EPA's content guidelines specified in the federal Recycled Materials Advisory Notice (RMAN). Furthermore, state law allows for a 10% price preference for recycled paper.

Maryland

State procurement code requires state agencies to purchase at least 40% recycled paper and paper products and allows up to a 5% price preference. There are no recycled content specifications.

Massachusetts

State law requires annual preparation of a Recycled Materials Procurement Plan to be based on recycled material market analysis. The law requires state agencies to purchase recycled products to an extent practicable. The law also authorizes a price preference for recycled products not to exceed 10%.

Michigan

1988 law requires the state to purchase recycled paper products, to the extent available, if the cost is no greater than 110% of paper not containing recycled fibers. The percentage of recycled paper purchased must represent at least 50% of the total amount of paper purchased. In addition, at least 50% of the recycled paper must be "wastepaper." This term is defined as discarded paper that is generated after the completion of the paper manufacturing process, and includes, but is not limited to, trimmings, printed paper, cutting and converting paper and post-consumer paper. The definition specifically excludes mill-broke or other in-plant residual wastes.

Minnesota

State law requires that, beginning July 1, 1996, the state must purchase copier paper which contains at least 10% postconsumer recycled content. For other paper products, state entities are required to purchase recycled products with at least 10% postconsumer material when practicable. State law also recommends that the state purchase recycled paper that is manufactured using little or no chlorine bleach or chlorine derivatives. The state allows for a 10% price preference for recycled paper.

Mississippi

State law requires state agencies to purchase recycled products if the recycled product is within 10% of the purchase price for virgin products. In order to qualify as recycled, the product must contain at least 50% recycled content, 10% of which must be postconsumer material.

Missouri

State procurement code requires state agencies to purchase recycled materials, including paper, if price and quality are comparable to virgin products. To qualify as recycled, high grade printing and writing paper must contain at least 50% "waste paper." The content standard for newsprint is 40%; 80% for paperboard; and 5-40% for tissue. Also established in the law are goals for purchasing recycled paper. The current goal is 60%.

Montana

State goal for paper procurement is that 95% of paper purchased will contain 20% postconsumer waste. Goal applies to printing and writing papers, computer paper and tissue. There is no policy or mandate. Goal is strictly voluntary.

Nebraska

1990 state law and 1991 Executive Order requires state agencies to give preference to products, materials and supplies that are manufactured or produced from recycled material. No recycled content percentages or price preferences are specified.

Nevada

State law specifies that state agencies may afford a 10% price preference to recycled paper products.

New Hampshire

State procurement conforms with specifications of President Clinton's Executive Order 12873, as amended March 28, 1996. The Executive Order is currently set at a 30% postconsumer content requirement for high speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white wove envelopes, writing and office paper, book paper, cotton fiber paper and text and cover paper.

New Jersey

A 1993 Executive Order signed by Gov. Florio (Executive Order 91) requires state agencies to purchase recycled paper and paper products that are of comparable quality and are competitive with virgin products. If mill or vendor supplies make compliance with this requirement problematic, purchases of recycled paper must comprise at least 65% of each state agency's total dollar amount of paper purchased. In order to qualify as recycled, paper must be composed of at least 50% secondary waste paper material and a least 25% post consumer.

New Mexico

A 1990 state law stipulates that state agencies must buy recycled paper products when the price is within 5% of the price for virgin products. The law specifies a minimum 50% wastepaper content.

New York

State procurement conforms with specifications of President Clinton's Executive Order 12873, as amended March 28, 1996. The Executive Order is currently set at a 30% postconsumer content requirement for high speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white wove envelopes, writing and office paper, book paper, cotton fiber paper and text and cover paper.

North Carolina

A 1993 Executive Order requires that at least 65% of the total dollar amount of paper products purchased by the state be recycled paper products. It is a state goal that all state agencies purchase paper with at least 50% recycled content.

North Dakota

A 1991 law specifies that at least 80% of all paper purchased by state agencies must contain at least 25% recycled content.

Ohio

1995 state law requires state agencies to purchase paper with recycled content when cost and quality are comparable. Allows for a 5% price preference, but does not specify standards for qualifying as recycled.

Oklahoma

1993 state law requires 40% of all paper purchased by state agencies to contain recycled content with at least 10% postconsumer material. State law also affords a 5% price preference for recycled products if these products meet EPA's minimum content guidelines specified in the federal Recycled Materials Advisory Notice (RMAN).

Oregon

State law allows for up to a 12% price preference for recycled paper, which is defined as paper which contains either 50% secondary waste or 25% postconsumer material. At least 35% of all paper purchased by state agencies must contain recycled content.

Pennsylvania

1988 state law (Act 101) requires that state agencies dedicate at least 40% of their total procurement budget to purchasing recycled products. In order to qualify as recycled, paper products must be comprised of at least 50% recycled material, 10% of which must be postconsumer material.

Rhode Island

1990 state law requires that state agencies expend at least 50% of their office paper products budget on recycled products. To qualify as recycled, paper must be composed of 50% recycled content. The law stipulates that the postconsumer portion of this percentage is at the discretion of the Department of Administration and Department of Environmental Management. Current specifications require that 10% of the recycled product be post consumer material. The state also affords a 5% price preference for purchasing recycled paper.

South Carolina

State policy calls for a 25% goal in procurement policies. A 1991 solid waste management act permits state agencies to give preference to recycled paper if it meets specifications and is within 7.5% of the price for virgin.

South Dakota

1992 state law requires state agencies to offer a 10% price preference for recycled products. At least 50% of all paper purchased by the state must be recycled. Recycled paper is defined as having at least 40% postconsumer material and recovered paper material and at least 10% of the total weight of recycled paper is of postconsumer materials.

Tennessee

1989 state law requires that 40% of the total volume of all paper purchased by state agencies must contain recycled material. For newsprint and newsprint products to qualify as recycled, they must contain at least 40% postconsumer waste. For all other paper grades, no recycled content percentage is specified.

Texas

1995 state law requires state agencies to purchase paper containing the highest proportion of recycled fiber to the maximum extent feasible if the price is reasonable. State agencies must spend at least 8% of their consumable procurement budget on products which contain recycled material or that are remanufactured or environmentally sensitive. The state follows EPA guidelines for compliance standards.

Utah

1990 state law requires public procurement units to give preference to recycled paper products if the purchase price for recycled is within 5% of the bid for virgin products. In order to qualify as recycled, the product must contain at least 50% secondary material. For fiscal year 1990-91, the law requires that recycled paper represent at least 50% of each procurement unit's annual paper purchases.

Vermont

1994 executive order requires the state to adopt federal recycled content purchasing guidelines for printing and writing papers which is currently set at 30% postconsumer materials. The order also calls for state purchases of paper products that have not been rebleached with chlorine and that contain at least 20% postconsumer recycled content. Allows for a 5% price preference.

Virginia

State law requires that state agencies give a 10% price preference to recycled paper. To qualify as recycled, paper products must meet specifications in EPA's Recycled Materials Advisory Notice (RMAN). The law does not require state purchasers to buy a percentage of recycled paper, however.

Washington

1996 state law mandates that at least 80% of the dollar value spent on paper purchases be used to purchase recycled paper and allows for a 10% price preference. To qualify as recycled, paper products must meet specifications of EPA's Recycled Materials Advisory Notice (RMAN).

West Virginia

1991 state law requires state agencies to purchase recycled products to the maximum extent possible. The law establishes a goal for state agencies to purchase recycled products at a rate of 40% of the total for all state purchases. The law does not specify criteria for products to qualify as recycled. In addition, recycled paper products receive a 10% price preference, with priority given to those paper products with the highest postconsumer content.

Wisconsin

A 1995 state law (Act 335) requires that state agencies purchase recycled paper with an aggregate recycled or recovered content of fiber, by weight, of at least 40%. The 40% standard does not refer to a percentage of recycled paper, but to the recycled fiber contained in the recycled paper. For example, state agencies purchasing printing and writing papers containing 50% recycled content would have to buy recycled for 80% of their total purchases to comply. Allows for a 10% price preference. However, there are no codified requirements for pre and postconsumer material.

Wyoming

Executive Order 1990-7 requires that state purchasers buy at least 30% recycled paper. Furthermore, a memorandum issued by the governor to the Administrator of Procurement instructs the Procurement Division to fill all orders with recycled paper unless an agency specifically requests virgin paper.


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