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Utah Code
Title 63G
General Government
Chapter 6
Utah Procurement Code
Section 406
Preference for recycled paper and paper products.
     63G-6-406.   Preference for recycled paper and paper products.
     (1) As used in this section:
     (a) "Chief procurement officer" is the chief procurement officer appointed under Section 63G-6-203.
     (b) "Paper" means any newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeographic paper, duplicator paper, and related types of cellulosic material containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings, or saturants.
     (c) "Paper product" means any paper items or commodities, including paper napkins, towels, corrugated and other cardboard, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings, or saturants. "Paper product" does not include preprinted cellulosic products such as books, newspapers, calendars, and magazines.
     (d) "Postconsumer waste," "recycled paper," "recycled paper product," and "secondary waste paper material" are defined by rule made by the Division of Purchasing, Department of Administrative Services. The division rules shall be based on current definitions and standards employed by national procurement, product recycling, and other relevant organizations such as the federal Environmental Protection Agency.
     (2) Notwithstanding Section 63G-6-401, which requires public procurement units to purchase products from the lowest responsible bidder, and subject to Subsection (3), every public procurement unit shall give preference to the purchase of paper and paper products which are manufactured or produced from recycled materials.
     (3) A public procurement unit shall give preference to purchasing recycled paper and recycled paper products unless:
     (a) the bid or purchase price for recycled paper or paper products exceeds by more than 5% the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids;
     (b) there is no recycled paper or paper product reasonably available that meets the requirements and criteria set forth in the invitation for bids; or
     (c) the public procurement unit has purchased at least the minimum percentage purchase requirement of recycled paper or recycled paper products as provided in Subsection (4).
     (4) (a) The minimum percentage purchase requirement for fiscal year 1990-91 is 10% of the public procurement unit's projected annual paper and paper product purchases.
     (b) The minimum percentage purchase requirement shall be increased by 5% each fiscal year until the minimum percentage purchase requirement is 50%.
     (5) Each public procurement unit shall provide the chief procurement officer with a report at the end of each fiscal year documenting:
     (a) the dollar amounts of paper and paper products purchased;
     (b) the dollar amounts of recycled paper and recycled paper products purchased; and
     (c) any additional costs resulting from purchasing recycled paper or recycled paper products.
     (6) The chief procurement officer shall provide a written report of the information received under Subsection (5) to the Natural Resources, Agriculture, and Environment Interim Committee prior to November 30 of each year.
     (7) (a) Each state agency shall separate and collect all types of recyclable paper for

recycling, except under Subsection (7)(b). The chief procurement officer shall maintain an updated list of which papers are recyclable.
     (b) If the state agency conducts an evaluation under Subsection (8) and determines the cost of recycling a certain type of recyclable paper is more than 10% greater than the cost of the current disposal method, the entity is exempt from the requirements of Subsection (7)(a) regarding that type of paper.
     (8) A state agency's evaluation shall:
     (a) determine the types and quantities of recyclable paper in the state agency's current waste stream;
     (b) determine the market value of the recyclable paper;
     (c) determine and describe the alternatives for separating recyclable paper from the waste stream;
     (d) for each type of paper and for each method of separation, determine the cost of separating and collecting the recyclable paper for recycling;
     (e) determine the cost of the current disposal method for each type of recyclable paper;
     (f) for each type of paper, compare the cost of the current disposal method with the cost of separating and collecting the paper for recycling; and
     (g) determine the cost of producing the report required under Subsection (13)(b).
     (9) Each evaluation conducted under Subsection (8) shall:
     (a) be in writing;
     (b) justify all estimates;
     (c) be retained by the state agency;
     (d) be accessible to the public for review; and
     (e) be submitted to the chief procurement officer.
     (10) Each state agency conducting an evaluation shall revise the evaluation as necessary, at least every 30 months.
     (11) A state agency that is required to separate paper for recycling shall:
     (a) designate an existing employee as a recycling coordinator to organize and coordinate the state agency's recycling program;
     (b) establish procedures for separating each type of paper required to be separated for recycling;
     (c) establish a system for separating and collecting each type of paper to be recycled, which assures the recyclable paper is sold to appropriate industries for reuse or recycling; and
     (d) make participation in the recycling program as easy as practicable for state agency personnel by establishing clear policies.
     (12) The money received from the sale of recyclable paper shall be retained by the agency for:
     (a) reimbursement to the state agency for program administration costs incurred as a result of recycling, if any; and
     (b) funding recycling incentives programs.
     (13) (a) The recycling coordinator designated in Subsection (11) shall keep records of:
     (i) the quantity of paper recycled by the state agency;
     (ii) the costs incurred by the state agency in recycling paper; and
     (iii) the money received from the sale of recyclable paper.
     (b) Each recycling coordinator shall provide a written report of the state agency's

recycling activities including the information required under Subsection (13)(a) before September 30 of each year to the chief procurement officer.
     (14) The chief procurement officer shall provide a written report of the information received under Subsection (13) to the Natural Resources, Agriculture, and Environment Interim Committee prior to November 30 of each year.

Renumbered and Amended by Chapter 382, 2008 General Session
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