Final
Bill B-Purchase of Env. Preferable Products
STATE PROCUREMENT PROCESS
Votes:
Action Taken:
Adopt draft Bill B (Attachment B). The motion was
PASS
09:10 AM
Representative Weissmann explained draft Bill B - Concerning a Preference for the Purchase of Environmentally Preferable Products by Governmental Entities (Attachment B). Bill B requires governmental bodies to award contracts for the purchase of services or supplies to a bidder who is able to offer environmentally preferable products. This preference only applies if the quality of the environmentally preferable products is equal to the quality to products that are not environmentally preferable, the environmentally preferable products are suitable for use by the purchasing entity, the bidder can supply the environmentally preferable products in sufficient quantity, and the billed or quoted price for the environmentally preferable products does not exceed the lowest bid or quoted price for products that are not environmentally preferable. The bill authorizes the head of the governmental body to accept the bid of a company for environmentally friendly products if the bid is higher than similar, nonenvironmentally friendly products only if the governmental body can absorb the cost difference within its current budget.
Senator Owen asked Representative Weissmann to explain the definition of environmentally preferable products. Representative Weissmann explained that the best example of environmentally friendly products are recycled goods. Senator Owen asked if environmentally preferable products are generally more expensive than other products. Representative Weissmann responded that it was a reasonable cost to be born by the contracting agency. Senator Owen stated his belief that the bill would be burdensome to administer. Mr. Felice asked if the bill required environmentally products to be used or merely gave state agencies the option to contract for environmentally preferable products. Representative Weissmann explained that the bill requires environmentally preferred products to be purchased if the quality of the produces is equal to the quality of other nonenvironmentally preferable produces and the bid or the quoted price for environmentally preferable products does not exceed the lowest bid or quoted price for products that are not environmentally preferable. The committee discussed the portion of the bill that allows the head of a governmental body to purchase environmentally preferable products even if the bid for the products exceeds a bid for similar, nonenvironmentally preferred products, as long as the products can be paid out of the governmental body's existing budget.
09:21 AM
Annemarie Jensen, Colorado Association for Recycling, stated that using environmentally preferable products that can produce cost savings for governmental bodies, for instance, state agencies may save on worker's compensation days by using less toxic products. The bill allows the flexibility for governmental bodies to asses whether purchasing more expensive environmentally preferable products may save money in other areas of the budget. Senator Owen questioned why this authority was necessary to put into statute and stated that there would be a fiscal impact to the state if state employees are required to determine cost savings from the use of environmentally preferable products.
09:25 AM
Senator Groff reminded the committee and the audience that pursuant to the Joint Rules of the House and the Senate, nonlegislative members of the committee would not be permitted to vote on the draft legislation.
BILL:
Bill B
TIME:
09:25:05 AM
MOVED:
Groff
MOTION:
Adopt draft Bill B (Attachment B). The motion was adopted 8-1-1.
SECONDED:
VOTE
Adams
Felice
Garcia
Yes
Hanna
Yes
Houlihan
Kerr
Yes
Liston
Yes
Marshall
Yes
Owen
No
Takis
Yes
Teck
Excused
Terry
Weissmann
Yes
Groff
Yes
Final
YES:
8
NO:
1
EXC:
1
ABS:
0
FINAL ACTION:
PASS
09:26 AM
Representative Weissmann was designated the prime House sponsor of Bill B, with Senator Hanna as the prime sponsor in the Senate. Representatives Garcia and Marshall and Senators Takis and Groff were added as cosponsors. The committee requested that the bill not contain a safety clause.