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 103 ​2007 ​Environment Article 2-1101: 2-1106

Transportation Article 13-110 , 13-406 , 23-202, 23-206.4

​Maryland Clean Cars Act of 2007
Chapter 111 (2007 Senate Bill 103)​
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)
​​HB 285 ​2019 ​Environment Article ⸹9-2201:⸹9-​2207 ​Environment – Expanded Polystyrene Food Service Products – Prohibitions
Chapter 580 (2019 Senate Bill 285)
HB 662 ​2020 ​State Finance and Procurement Article ⸹12-301, ⸹12-302, ⸹4-803, ⸹4-806 ​Department of General Services – Energy Consumption Goals and Energy Performance Contracts
Chapter 289 (2020 House Bill 662)


​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.”
01.01.2001.02 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.
01.01.20​19.08
Energy Savings Goals for State Government

“All units of State government shall, in support of their core missions, implement projects and initiatives to conserve energy and reduce consumption,” recognizing that “[r]educing energy use in State government produces positive environmental, fiscal and health benefits for all Marylanders, and aids compliance with the state Greenhouse Gas Reduction Act of 2016.

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 …”
21.05.08.07​ Bid/Proposal Affidavit

“Each solicitation shall provide notice that the affidavit in §B of this regulation shall be completed and submitted to the procurement agency with the vendor's bid or offer.”

Vendors “must further affirm that Any claims of environmental attributes made relating to a product or service included in the bid or proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims as provided in 16 CFR §260, that apply to claims about the environmental attributes of a product, package, or service in connection with the marketing, offering for sale, or sale of such item or service.”
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.”
21.11.07.14​ Recycle Services — Electronic Products.

“When awarding a procurement contract for services to recycle electronic products, a State unit shall award the contract to a recycler of electronic products that:

        (1)    Is R2 or e–Stewards certified; or

        (2)    Meets nationally recognized and consensus–based guidelines, standards, and systems for recycling that are approved by the Department of the Environment in consultation with the Department of General Services.”

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.”
26.02.04.04 Labeling Standards for Mercury-Added Products
“The label of a mercury–added product shall clearly inform the purchaser or consumer that: (i) Mercury is present in the product; and (ii) The product shall be managed in accordance with federal and State environmental laws to minimize the release of mercury into the environment.”
26.11.19.32 Control of Volatile Organic Compounds (VOCs) from Wood Coating Operations

“The requirements of this regulation apply to a person that owns or operates a wood coating operation with actual VOC emissions of 20 pounds or more per operating day from all wood coating operations at the premises determined on a monthly average.

Spray Gun Application. A person subject to this regulation that applies a coating with a spray gun shall use a high volume-low pressure (HVLP) spray gun or other high efficiency application method approved by the Department. A person subject to this regulation may achieve compliance with the requirements of this regulation through use of a control device that reduces emissions from the wood coating operation by not less than 90 percent overall.

VOC Content Limits. A person subject to this regulation shall meet the VOC content limits for coatings and non-coating materials described in this regulation.

Record Keeping Requirements. A person subject to this regulation shall maintain a monthly record of:

(a) The quantity of all coatings and materials used (liters); and

(b) Material data sheets, material lists, container labeling or records sufficient to show the VOC content of all coatings and materials used.

A person demonstrating compliance using the daily weighted average of coatings as provided in §E(2) of this regulation shall maintain records sufficient to show daily compliance. Records shall be maintained for at least 2 years and made available to the Department upon request.”
26.11.32.08 Requirements for Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, General Purpose Degreasers, Bathroom and Tile Cleaners, Construction Panel and Floor Covering Adhesives, Electronic Cleaner Labeled “Energized Electronic Equipment Use Only”, General Purpose Cleaners, and Oven or Grill Cleaners

“A person may not sell, supply, offer for sale, or manufacture for use in the State any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser that contains any of the following compounds:

(1) Methylene chloride;
(2) Perchloroethylene; or
(3) Trichloroethylene”

26.11.39.05 VOC Content Limits
This regulation lists VOC Content Limits for Architectural and Industrial Maintenance Coatings.
26.13.10.26​ Special Requirements for Fluorescent Lamps - Disposition of Waste Fluorescent Lamps.

“A person that generates, in a calendar year, more than 200 kilograms of waste fluorescent lamps meeting the criteria of §A of this regulation shall assure that the waste lamps are delivered to a:

(a) Reclamation facility, as defined in §C of this regulation; or

(b) Destination facility, as defined in COMAR 26.13.01.03B.

Agency note: 200 kilograms represents, for example, approximately 720 4-foot T12 fluorescent lamps.

For the purposes of §B(1) of this regulation, waste fluorescent lamps include lamps that are to be disposed and lamps that are to be recycled.”



​Statute


Title
Environment Article §6–1201:§6–1204 Limitations on Hazardous Substances
A person may not manufacture, process, sell, or distribute in the State a new product or flame-retardant part of a new product that contains more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether) or octaBDE (octabrominated diphenyl) by mass. A person may not manufacture, lease, sell, or distribute for sale or lease in the State electrical or electronic equipment that contain more than one–tenth of 1% of decaBDE (decabrominated diphenyl ether) by mass.
​Environment Article §9–1901:§9–1907 Limitations and Prohibitions on Heavy Metals in Packaging

“Except as provided in § 9-1903 and § 9-1904 of this subtitle, on or after July 1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional purposes any package or packaging component or any product in a package or packaging component to which any of the following was intentionally added during manufacture or distribution:

        (1)    Lead;
        (2)    Cadmium;
        (3)    Mercury; or
        (4)    Hexavalent chromium.

The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium incidentally present in a package or packaging component may not exceed: …By July 1, 1995, 100 parts per million by weight or 0.01%.”
​Environment Article §9-2102 Standards for Plastic Ware
“A person may not sell in the State a plastic product that is labeled as biodegradable, degradable, decomposable, or with any other term to imply that the product will break down, fragment, biodegrade, or decompose in a landfill or any other environment” unless the product meets the standards set forth in this Article.
​Environment Article §9-2103 Labeling Standards for Compostable Plastic Bags
“A person that distributes or sells a compostable plastic bag intended for sale or distribution by a retailer in the State shall ensure that the compostable plastic bag” meets the standards set forth in this Article.

​Environment Article §9-2104 Labeling Standards for Compostable Plastic Bags
“A person that distributes or sells a compostable food or beverage product intended for sale or distribution by a retailer in the State shall ensure that the compostable food or beverage product is labeled” in accordance with the standards set forth in this Article.
​Environment Article §6–501 Lead and Mercury Wheel Weights - Prohibitions

“A motor vehicle or tire manufacturer, wholesaler, or retailer, motor vehicle repair facility, or any other person who installs wheel weights may not use, allow to be used, or sell an externally attached lead wheel weight that is composed of greater than 0.1% lead by weight or greater than 0.1% mercury by weight during the first tire installation, replacement, or balancing after January 1, 2020, for all new and used vehicles registered in the State.

The State shall ensure that no vehicle purchased for the State fleet after January 1, 2019, is equipped with an externally attached lead wheel weight that is composed of greater than 0.1% lead by weight or greater than 0.1% mercury by weight.

Each tire on a vehicle in the State fleet that is balanced or replaced after January 1, 2018, may not be equipped with a lead wheel weight that is composed of greater than 0.1% lead by weight or greater than 0.1% mercury by weight.

Lead and mercury wheel weights removed and collected shall be properly recycled.”
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