The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. Sub. S. B. No. 131 As Passed by the SenateAs Passed by the Senate
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Senators Widener, Grendell, Schuring, Gibbs, Carey, Faber, Morano, Fedor, Goodman, Harris, Hughes, Kearney, Miller, D., Miller, R., Niehaus, Patton, Sawyer, Schaffer, Seitz, Smith, Stewart, Wagoner, Schiavoni
A BILL
To amend sections 125.04 and 5513.02 and to enact
sections 125.091, 125.092, 125.093, 3345.691, and
3345.692 of the
Revised Code to require that the
Director of
Administrative Services establish a
program that
ensures that supplies composed of
biobased
products are purchased by the Department
of
Administrative Services, other state agencies,
and
state institutions of higher education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 125.04 and 5513.02 be amended and
sections 125.091, 125.092, 125.093, 3345.691, and 3345.692 of the
Revised Code be
enacted to read as follows:
Sec. 125.04. (A) Except as provided in division (D) of
this
section, the department of administrative services shall
determine
what supplies and services are
purchased by or for
state
agencies. Whenever the department of
administrative
services
makes any change or
addition to the lists of supplies
and
services that it determines
to purchase for state agencies,
it
shall provide a list to the
agencies of the changes or
additions.
Except for the requirements of section 125.092 and
division (B) of
section 125.11
of
the Revised Code, sections
125.04 to 125.08
and
125.09 to
125.15
of the Revised Code do not
apply to or
affect the
educational
institutions of the state.
(B)(1) As used in this division:
(a) "Chartered nonpublic school" has the same meaning as in
section 3310.01 of the Revised Code.
(b) "Emergency medical service organization" has the same
meaning
as in section 4765.01 of the Revised Code.
(c) "Political subdivision"
means any county, township,
municipal corporation, school
district, conservancy district,
township park district, park
district created under Chapter 1545.
of the Revised Code,
regional transit authority, regional airport
authority, regional water and
sewer district, or port authority.
"Political subdivision" also includes any
other political
subdivision described in the Revised Code that has been
approved
by the department to participate in the department's contracts
under
this division.
(d) "Private fire company" has the same meaning as in
section
9.60 of the Revised Code.
(2) Subject to division (C) of this section, the
department
of administrative services may permit a
political
subdivision,
county board of elections, private fire
company, private,
nonprofit
emergency medical service
organization, or chartered
nonpublic school
to participate
in contracts into which the
department
has entered for the
purchase of supplies and
services.
The department may charge the
entity a reasonable fee
to cover the
administrative costs the
department incurs as a
result of
participation by the
entity in
such a purchase
contract.
A political subdivision
desiring to participate in such
purchase contracts shall file
with the department a certified copy
of an ordinance or
resolution of the
legislative authority or
governing board of the
political
subdivision. The resolution or
ordinance shall request
that the
political subdivision be
authorized to participate in
such
contracts and shall agree that
the political subdivision
will be
bound by such terms and
conditions as the department prescribes and that it will directly
pay the vendor
under each
purchase contract. A board of elections
desiring to
participate in such purchase contracts shall file
with the
purchasing authority a written request for inclusion in
the
program.
A private fire company, private, nonprofit
emergency
medical
service organization, or chartered nonpublic
school desiring to participate in
such
purchase contracts shall
file with the department a written
request for inclusion in the
program signed
by
the chief officer
of the company,
organization, or chartered nonpublic school. A request
for
inclusion shall
include an agreement to be bound by such terms
and conditions as
the
department prescribes
and to make direct
payments to the
vendor under each
purchase
contract.
The department shall include in its
annual report an
estimate of the cost it incurs by permitting
political
subdivisions, county boards of elections, private fire
companies,
private, nonprofit
emergency medical service
organizations,
and
chartered nonpublic schools
to
participate in contracts
pursuant
to this
division. The department
may require such
entities
to
file a
report with the department,
as often as it
finds
necessary,
stating how many such
contracts
the entities
participated in within a
specified period
of
time,
and any other
information the department requires.
(3) Purchases made by a political subdivision or a county
board of elections under this division
are exempt from any
competitive selection procedures otherwise required by
law. No
political subdivision shall make any purchase under this division
when bids have been received for such purchase by the subdivision,
unless such
purchase can be made upon the same terms, conditions,
and specifications at a
lower price under this division.
(C) A political subdivision as defined in division (B) of
this
section or a county board of elections may purchase supplies
or services
from another party, including a political
subdivision, instead of
through participation in contracts
described in division (B) of
this section if the political
subdivision or county board of elections can purchase those
supplies or services from the other party upon equivalent terms,
conditions, and specifications but at a lower price than it can
through those contracts. Purchases that a political subdivision or
county board of elections
makes under this division are exempt
from any competitive
selection procedures otherwise required by
law. A political
subdivision or county board of elections that
makes any purchase under this division shall
maintain sufficient
information regarding the
purchase to verify that the
political
subdivision or county board of elections satisfied the conditions
for making a
purchase under this division. Nothing in this
division restricts any action
taken by a county or township
as
authorized by division (B)(1) of section 9.48 of the Revised
Code.
(D) This section does not apply to supplies or services
required by the legislative or judicial branches, the capitol
square review and advisory board, the
adjutant general for
military supplies and services, to
supplies or services purchased
by a state
agency directly as
provided in division (A), (B), or
(F) of section
125.05 of
the Revised
Code, or to purchases of
supplies or services
for the emergency
management agency as
provided in section 125.023
of the Revised
Code.
Sec. 125.091. As used in this section and sections
125.092
and 125.093 of the Revised Code:
(A) "Agricultural materials" means agricultural-based
materials or residues, including plant, animal, and marine
materials or residues, used in the manufacture of commercial or
industrial nonfood products.
(B) "Biobased product" means a product determined by the
United States secretary of agriculture to be a commercial or
industrial product, other than food or feed, that is composed, in
whole or significant part, of biological products, renewable
domestic agricultural materials, or forestry material, or is an
intermediate ingredient or feedstock.
(C) "Biological products" means products derived from living
materials other than agricultural or forestry materials.
(D) "Designated item" means a generic grouping of biobased
products identified in subpart B, 7 C.F.R. 2902.10 to 2902.42.
(E) "Forest thinnings" means woody materials removed from a
dense forest to improve growth, enhance forest health, or remove
trees to recover potential mortality.
(F) "Forestry materials" means materials derived from the
practice of planting and caring for forests and the management of
growing timber where such materials come from short-rotation
woody crops that are less than ten years old, sustainably managed
forests, wood residues, or forest thinnings.
(G) "Intermediate ingredient or feedstock" means a material
or compound made, in whole or in significant part, from biological
products, renewable agricultural materials, or forestry materials
that are subsequently used to make a more complex compound or
product.
(H) "Sustainably managed forests" means the practice of land
stewardship that integrates the reforestation, management,
growing, nurturing, and harvesting of trees for useful products
while conserving soil and improving air and water quality,
wildlife, fish habitat, and aesthetics.
Sec. 125.092. (A) When purchasing equipment, material, or
supplies, the department of administrative services, other state
agencies, and state institutions of higher education
shall
purchase biobased products in accordance with the biobased
product preference program established by the director of
administrative services under this section.
(B) Not later than one hundred eighty days after the
effective date of this section, the director shall establish a
biobased product preference program,
which shall ensure that the
department of administrative services, other
state agencies, and
state institutions of higher
education
purchase biobased
products by giving a preference to
those
designated items that
are composed of the
highest
percentage of
biobased content
practicable or that comply
with
regulations
adopted under 42
U.S.C. 6914b-1 by the
administrator
of the
United States
environmental protection
agency. The
purchase of
biobased
products under the
program shall be
consistent with
sections
125.01 to 125.11 of the
Revised Code.
As part of the program, the director shall adopt a policy of
setting minimum biobased content
specifications for awarding
contracts in a manner that ensures
that the biobased content of
biobased products is consistent with
the guidelines issued under
7 U.S.C. 8102, except when the
director determines that division
(C)(1), (2), or (3) of this
section applies.
(C) The director may determine
that it is not possible for a
biobased product to be
purchased in
accordance with the biobased
product preference
program if the
director determines that any
of the following
applies to the
product:
(1) The product is not available within a reasonable period
of time.
(2) The product fails to meet the performance standards set
forth in the applicable specifications for the product.
(3) The product is available only at an unreasonable price.
As used in division (C)(3) of this section, "unreasonable price"
means any of the following:
(a) If a similar product is not produced in this state and is
not biobased, the price of the biobased product exceeds the price
of the similar product by more than five per cent.
(b) If a similar product is produced in this state and is not
biobased, the price of the biobased product is greater than the
price of the similar product.
(c) If a similar product is not produced in this state and is
biobased, the price of the biobased product exceeds the price of
the similar product by a percentage that is determined by the
director in accordance with rules adopted under this section,
provided that the percentage shall not exceed five per cent.
(d) If a similar product is produced in this state and is
biobased, the price of the biobased product exceeds the price of
the similar product by a percentage that is determined by the
director in accordance with rules adopted under this section,
provided that the percentage shall not exceed five per cent.
If the director determines a percentage that is less than
five per cent for the purpose of division (C)(3)(c) or (d) of this
section, the director shall give strong consideration to the
benefits of expanding the use of biobased products.
(D) For any biobased product offered under the biobased
product preference program, a vendor shall certify that the
product meets the biobased content requirements for the designated
item of which the product is an exemplar. Upon request, a
vendor
shall provide to the director
information to verify the biobased
content of a biobased product
qualifying for purchase in
accordance with the
program.
(E) The director shall adopt rules
in accordance with
Chapter 119. of the Revised Code that prescribe all of the
following:
(1) The procedures the department of administrative services,
other
state agencies, and state institutions of higher
education
shall
use to give preference to and purchase biobased
products
in
accordance with the program;
(2) The purchasing policy the director adopts under division
(B) of this section;
(3) Procedures and guidelines to be used by the director in
determining percentages for purposes of divisions (C)(3)(c) and
(d) of this section;
(4) Other requirements or procedures that are necessary to
implement the biobased product preference program.
(F) The director shall maintain a list of products that
qualify as designated items under the biobased product preference
program.
(G) The director may enter into a pilot contract with a
vendor of a biobased product that is determined by the director to
be the sole provider of the biobased product for the purpose of
determining if the product is feasible for use by the state. For
purposes of entering into the contract, the director may negotiate
pricing and the terms and conditions of the contract subject to
the approval of the controlling board. Pricing for
the
pilot
contract shall be based on the fair market value of
similar
products if those products are available. The term of the
pilot
contract may be for a length of time determined by the
director,
not to exceed one fiscal year, to sufficiently
examine and
complete testing of the biobased product. The director may renew
the contract for one additional fiscal year subject to the
approval of the controlling board. If the
director determines the
biobased product to be feasible for use by
the state, all
additional purchases of that product shall be made
by competitive
selection.
(H) This section does not apply to the purchase of motor
vehicle fuel, heating oil, or electricity.
(I) As used in this section, "state institution of higher
education" has the same meaning as in section 3345.011 of the
Revised Code.
Sec. 125.093. Not later than September 30, 2010, and the
thirtieth day of September each year thereafter, the director of
administrative services shall prepare and submit to the governor,
the president of the senate, and the speaker of the house of
representatives a report that describes the number and types of
biobased products purchased under section 125.092 of
the Revised
Code and the amount of money spent by the department
of
administrative services and other state agencies for those
biobased
products.
Sec. 3345.691. A state institution of higher education, as
defined in section 3345.011 of the Revised Code, shall comply with
section 125.092 of the Revised Code regarding the purchase of
biobased products.
Sec. 3345.692. (A) Not later than September 15, 2010, and
the fifteenth day of September each year thereafter, a state
institution of higher education shall prepare and submit to the
chancellor of the board of regents a report that describes the
number and types of biobased products purchased under section
125.092 of the Revised Code and the amount of money spent by the
state institution of higher education for those biobased products.
(B) Not later than September 30, 2010, and the thirtieth day
of September each year thereafter, the chancellor of the board of
regents shall prepare and submit to the governor, the president of
the senate, and the speaker of the house of representatives a
report that describes the number and types of biobased products
purchased under section 125.092 of the Revised Code and the amount
of money spent by state institutions of higher education for
those biobased products as that information is provided to the
chancellor under division (A) of this section.
(C) As used in this section, "state institution of higher
education" has the same meaning as in section 3345.011 of the
Revised Code.
Sec. 5513.02. (A) Specifications describing the character
of
the articles that the department of transportation
is proposing to
purchase, and the
conditions governing shipment and delivery,
shall be kept on file
at the department and open to public
inspection
throughout the time during which an invitation to
bidders is required to be posted. The director of transportation
may require bids to be accompanied by a certified check payable
to
the director in an amount fixed by the
director and stated in the
invitation to
bidders. Persons, firms, or corporations desiring to
bid on more
than one invitation shall be relieved from furnishing
certified
checks with their bids provided they first furnish a
bond payable
to the state, in an amount and with surety approved
by the
director, conditioned for the faithful performances of all
contracts that may be awarded to them, and otherwise
conditioned
as the director requires. All bids shall be publicly opened and
read at the time and place mentioned in the notice. All
purchases
shall be made by the director from the lowest responsive and
responsible bidder for each item in accordance with section 9.312
of the
Revised Code,
except where the director has established in
the bidding
documents a provision for multiple awards for the
purchase of
items such as asphalt, aggregates, machinery parts,
and others
as the director determines necessary, and
except that
in the purchase of
machinery, equipment, or supplies for which
fixed and definite
specifications cannot be prepared, the director
may purchase the
articles meeting the general specifications
prescribed
and which the director finds are most suitable for the
uses
intended. Sections
5513.01 to 5513.04 of the Revised Code
shall apply to the
exchange of machinery and equipment and in
force account
operations where the director desires to combine in
one order the
furnishing, hauling, and placing of material. The
director may
purchase or authorize the purchase without notice, or
upon such
notice as the director prescribes, of materials
that in
the director's judgment may
be required for the immediate repair
of roads or bridges
destroyed or damaged by flood, landslide, or
other casualty. No
person shall place separate orders for the
purpose of defeating
such sections, and contracts of purchase
shall not be valid
unless made in conformity with this section.
(B) Division Section 125.092 and division (B) of section
125.11 of the Revised Code
applies apply to the purchase of
products by the director pursuant to
sections 5513.01 to 5513.04
of the Revised Code.
Section 2. That existing sections 125.04 and 5513.02 of the
Revised Code are hereby repealed.
Section 3. Section 125.04 of the Revised Code is presented
in
this act as a composite of the section as amended by both Am.
Sub. H.B. 562 and Am. Sub. S.B. 268 of
the 127th General Assembly.
The General Assembly, applying the
principle stated in division
(B) of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
|
|