H.B. 147

1

RESOURCE RECOVERY BY GOVERNMENTAL
2 ENTITIES
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Tim M. Cosgrove
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill requires certain state and local governmental entities to recycle certain
11 materials.
12 Highlighted Provisions:
13 This bill:
14 . defines terms; and
15 . requires a first or second class county and a state or municipal agency located in a
16 first or second class county to recycle certain materials.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 10-7-88, Utah Code Annotated 1953
24 17-15-24.5, Utah Code Annotated 1953
25 63G-6-427, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 10-7-88 is enacted to read:
29 10-7-88. Participation in recycling.
30 (1) As used in this section:
31 (a) (i) "Municipal facility" means a building, structure, or other improvement that is
32 constructed on property:
33 (A) owned by the municipality; and
34 (B) located in a first or second class county.
35 (ii) "Municipal facility" does not mean a privately owned structure that is located on
36 property owned by the municipality.
37 (b) (i) "Recyclable material" means an item that may be reused from the following
38 types of material:
39 (A) newspaper;
40 (B) paper;
41 (C) cardboard;
42 (D) plastic;
43 (E) steel; or
44 (F) aluminum.
45 (ii) "Recyclable material" does not include material:
46 (A) containing confidential information that requires shredding; or
47 (B) that will be burned to generate electricity.
48 (2) A municipality shall:
49 (a) divert recyclable material from the solid waste stream generated at a municipal
50 facility; and
51 (b) contract for the collection of recyclable material in accordance with:
52 (i) Title 63G, Chapter 6, Utah Procurement Code; or
53 (ii) a municipal procurement ordinance.
54 (3) (a) A municipality is responsible for the cost of the contract required by Subsection
55 (2)(b).
56 (b) A municipality shall retain any profits or savings received as a result of the contract
57 required by Subsection (2)(b).
58 Section 2. Section 17-15-24.5 is enacted to read:

59 17-15-24.5. Participation in recycling.
60 (1) As used in this section:
61 (a) (i) "County facility" means a building, structure, or other improvement that is
62 constructed on property owned by a first or second class county.
63 (ii) "County facility" does not mean:
64 (A) an unoccupied structure that is a component of the state highway system; or
65 (B) a privately owned structure that is located on property owned by the county.
66 (b) (i) "Recyclable material" means an item that may be reused from the following
67 types of material:
68 (A) newspaper;
69 (B) paper;
70 (C) cardboard;
71 (D) plastic;
72 (E) steel; or
73 (F) aluminum.
74 (ii) "Recyclable material" does not include material:
75 (A) containing confidential information that requires shredding; or
76 (B) that will be burned to generate electricity.
77 (2) A county shall:
78 (a) divert recyclable material from the solid waste stream generated at a county facility;
79 and
80 (b) contract for the collection of recyclable material in accordance with:
81 (i) Title 63G, Chapter 6, Utah Procurement Code; or
82 (ii) a county procurement ordinance.
83 (3) (a) A county is responsible for the cost of the contract required by Subsection
84 (2)(b).
85 (b) A county shall retain any profits or savings received as a result of the contract
86 required by Subsection (2)(b).
87 Section 3. Section 63G-6-427 is enacted to read:
88 63G-6-427. Participation in recycling.
89 (1) As used in this section:

90 (a) (i) "Recyclable material" means an item that may be reused from the following
91 types of material:
92 (A) newspaper;
93 (B) paper;
94 (C) cardboard;
95 (D) plastic;
96 (E) steel; or
97 (F) aluminum.
98 (ii) "Recyclable material" does not include material:
99 (A) containing confidential information that requires shredding; or
100 (B) that will be burned to generate electricity.
101 (b) "State agency" means an executive, legislative, or judicial branch department,
102 agency board, commission, or division, including a state institution of higher education as
103 defined in Section 53B-3-102 .
104 (c) (i) "State facility" means a building, structure, or other improvement that is
105 constructed on property:
106 (A) owned by the state or a state agency; and
107 (B) located in a first or second class county.
108 (ii) "State facility" does not mean:
109 (A) an unoccupied structure that is a component of the state highway system;
110 (B) a privately owned structure that is located on property owned by the state or a state
111 agency; or
112 (C) a structure that is located on land administered by the School and Institutional
113 Trust Lands Administration under a lease, permit, or contract with the School and Institutional
114 Trust Lands Administration.
115 (2) A state agency shall:
116 (a) divert recyclable material from the solid waste stream generated at a state facility;
117 and
118 (b) contract for the collection of recyclable material in accordance with Title 63G,
119 Chapter 6, Utah Procurement Code.
120 (3) (a) A state agency is responsible for the cost of the contract required by Subsection

121 (2)(b).
122 (b) A state agency shall retain any profits or savings received as a result of the contract
123 required by Subsection (2)(b).




Legislative Review Note
as of 1-19-09 11:30 AM

Office of Legislative Research and General Counsel