Maryland Green Purchasing

Legislation, Statutes and Regulations Associated with Green Purchasing

Maryland has enacted several laws and regulations related to environmentally preferable purchasing. The following statutes and regulations guide the State’s green purchasing practices.
Bill No. Year Affected Statutes Bill Name
SB 693 2010 Environment Article ⸹9-​1722

State Finance and Procurement Article ⸹14​-402, ⸹14-​405,

⸹14​-409, ⸹14​-410
Green Maryland Act of 2010
Chapter 593 (2010 Senate Bill 693)
HB 448 2012 State Finance and Procurement Article ⸹14-​413, ⸹1​4-414 Procurement - Preferences - Purchasing and Recycling Electronic Products
Chapter 372 (2012 House Bill 448)
HB 629 2014 State Finance and Procurement Article ⸹14-4​05, ⸹14-​410​ Environmentally Preferable Procurement - Maryland Green Purchasing Committee
Chapter 604 (2014 House Bill 629)


Regulation


Title
01.01.1991.20
Conservation of Paper by Units of State Government
“Whenever economically practical, the Secretary of General Services shall insure that procurement officials specify photocopy machines which have the capability to perform two-sided photocopying.”
01.01.1993.20 Alternative Fueled Vehicles
“The Department of General Services and the University of Maryland System shall procure, for State agencies and the University of Maryland System and its constituent institutions, respectively, approved alternative fueled vehicles and shall ensure that refueling capacity for alternative fuels is available to State agency fleets and the University of Maryland System.”
01.01.2001.0281 Sustaining Maryland's Future with Clean Power, Green Buildings and Energy Efficiency
“The State shall purchase Energy Star products when purchasing energy-using products, including computers, printers, copiers and other office equipment, or shall purchase products in the top 25% in energy efficiency for products where labels are not available.”
01.01.2001.06 Water Conservation by State Agencies
Each State Agency shall develop a water conservation plan that addresses “The purchase of water-efficient plumbing fixtures, appliances and other products when new or replacement products are needed; and …” Identify and select specific water conservation measures that need to be employed to improve water management and water use efficiency to achieve the water conservation goal of this Executive Order.”
01.01.2003.49 Pesticide Advisory Committee

The Advisory Committee shall have the following duties and responsibilities:

(1) Make recommendations to the Secretary for changes in law or regulation to improve pesticide management in the State;

(2) Provide advice to the Secretary on issues concerning the registration, sales, use, storage and disposal of pesticides, the certification and training of pesticide applicators, the licensing of pest control businesses and the protection of farmworkers, endangered species and water resources;

(3) After having consulted with the Secretary, provide advice to other State agencies and local governments concerning their responsibilities in pesticide management and protection human health, natural resources and the environment; and

(4) Generally serve in an advisory capacity to the Secretary, Department Officials, and other State agencies on pesticide related matters.
21.04.01.02 [Procurement] General Purpose

“When applicable, specifications shall include statements concerning:

(1) Low noise levels …;

(2) Energy efficiency;

(3) Coal in heating systems …;

(4) Percentage price preference for products made from recycled materials pursuant to State Finance and Procurement Article, §14-405, Annotated Code of Maryland; and

(5) Preference for mercury-free products and equipment …”
21.11.07.01 Definitions
Defines a variety of terms such as “Environmentally Preferable Products and Services” and “Environmentally Preferable Purchasing”.
21.11.07.03 Recycled Paper Purchases

“A. Of the total volume of paper that the Secretary of General Services buys, at least 90 percent shall be recycled paper.

B. In purchasing any paper or paper products as supplies for any using agency pursuant to State Finance and Procurement Article, Title 4, Subtitle 3, Annotated Code of Maryland, the Secretary of General Services, to the fullest extent practicably possible, shall purchase or approve for purchase only such supplies as are manufactured or produced from recycled paper.

C. If recycled paper that meets the definition set forth in Regulation .01B(7) of this chapter [contains at least 80% post-consumer recycled content] is unavailable, then for purposes of complying with the requirements of this chapter, the Department of General Services and other State agencies may purchase recycled paper and paper products that have the highest percentage of post-consumer material that, at minimum, meets EPA guidelines, provided that reasonable levels of competition, cost, availability, and technical performance are maintained.”
21.11.07.04 Low Noise Supplies

“A. All units of State government shall acquire by purchase or lease, to the greatest extent practicable, the quietest available supplies.

B. Supplies certified by the Administrator of the United States Environmental Protection Agency as "low noise emission products" pursuant to §15 of the Noise Control Act of 1972 shall be considered to meet the intent of this regulation."
21.11.07.07 Mercury and Products that Contain Mercury
“All procurement agencies shall give a [5 percent] preference under this regulation to procuring products and equipment that are mercury-free. If mercury-free products and equipment that meet the agency's product performance requirements are not commercially available, the procurement agency shall give preference under this regulation to products containing the least amount of mercury necessary to meet performance requirements.”
21.11.07.08 Locally Grown Foods
“State schools and facilities shall include in procurement solicitations a price preference not exceeding 5 percent to bids or proposals for locally grown food.”
21.11.07.09 Environmentally Preferable Purchasing

“All procurement agencies shall purchase environmentally preferable products and services unless purchasing environmentally preferable products and services would limit or supersede any requirements under any provision of law or result in the purchase of products and services that:

(1) Do not perform adequately for the intended use;

(2) Exclude adequate competition; or

(3) Are not available at a reasonable price in a reasonable period of time.”
21.11.07.10 Compost
“A State or local unit responsible for the maintenance of public lands in the State, to the maximum extent practicable, shall give preference to the use of compost in any land maintenance activity that is publicly funded.”
21.11.07.11 Energy Efficient Outdoor Lighting Fixtures

“If State funds are used to install or replace a permanent outdoor luminaire for lighting on the grounds of any building or facility owned or leased by the State or a unit of the State, procurement specifications shall require that:

(1) Design of the luminaire maximizes energy conservation and minimizes light pollution, glare, and light trespass;

(2) Illumination produced by the luminaire is the minimum illumination necessary for the intended purpose of the lighting; and

(3) For a luminaire with an output of more than 1,800 lumens, the luminaire is a restricted uplight luminaire.”

21.11.07.13 Purchasing Electronic Products

“When purchasing an electronic product to be used by the State, a procurement agency shall purchase an electronic product that:

(1) Is listed and rated silver or gold on the EPEAT registry; or

(2) Meets nationally-recognized and consensus-based standards established by a comprehensive environmental rating system approved by the Department of Information Technology.”
21.13.01.14 Report on Green Purchasing

“A. On or before September 1 of each year, each procurement agency shall report to the Department of General Services on the agency’s procurement of environmentally preferable products and services during the preceding fiscal year, including the types and quantities of products and services procured. The report format shall be determined by the Department of General Services.

B. Green Purchasing Committee. On or before October 1 of each year, the Maryland Green Purchasing Committee, as established in State Finance and Procurement Article, §14-410, Annotated Code of Maryland, shall report to the General Assembly on the Committee’s activities and the progress made on the implementation of the Green Maryland Act of 2010. The report is subject to State Government Article, §2-1246, Annotated Code of Maryland.”
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