Maryland § 14-410

§ 14-410.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Committee” means the Maryland Green Purchasing Committee.

        (3)    “Environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose, based on:

            (i)    the full life cycle of the product or service;

            (ii)    relevant international consensus standards; and

            (iii)    relevant factors including the raw materials, manufacturing, packaging, distribution, use, reuse, operation, maintenance, recycling, energy recovery, climate change, fossil fuel, ozone depletion, and disposal of the goods or services.

    (b)    (1)    There is a Maryland Green Purchasing Committee.

        (2)    The Committee shall consist of the following members:

            (i)    the Secretary of General Services, or the Secretary’s designee;

            (ii)    the Secretary of Budget and Management, or the Secretary’s designee;

            (iii)    the Secretary of Natural Resources, or the Secretary’s designee;

            (iv)    the Secretary of the Environment, or the Secretary’s designee;

            (v)    the Secretary of Health, or the Secretary’s designee;

            (vi)    the Secretary of Commerce, or the Secretary’s designee;

            (vii)    the Secretary of Transportation, or the Secretary’s designee;

            (viii)    the Secretary of Public Safety and Correctional Services, or the Secretary’s designee;

            (ix)    the Chancellor of the University System of Maryland, or the Chancellor’s designee;

            (x)    the Secretary of Information Technology, or the Secretary’s designee;

            (xi)    the Secretary of Education, or the Secretary’s designee; and

            (xii)    the State Treasurer, or the Treasurer’s designee.

        (3)    The Secretary of General Services, or the Secretary’s designee, shall serve as the Chair of the Committee.

        (4)    Staff support to the Committee shall be provided by the Department of General Services, with assistance as necessary to be furnished by other member agencies.

    (c)    The Committee shall provide the State with information and assistance regarding environmentally preferable purchasing, including:

        (1)    the promotion of environmentally preferable purchasing through education and training;

        (2)    the development and implementation of statewide policies, guidelines, programs, best practices, and regulations;

        (3)    coordination with other State or federal agencies, task forces, workgroups, regulatory efforts, research and data collection efforts, or other programs and services relating to environmentally preferable purchasing;

        (4)    the publication of environmentally preferable specifications to be adopted by State agencies; and

        (5)    the framework and format for State unit reports required under § 14–405 of this subtitle.

    (d)    The Committee shall designate a single point of contact for State agencies, suppliers, and other interested parties to contact regarding environmentally preferable purchasing issues.

    (e)    On or before December 31 of each year, the Committee shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the Committee’s activities and the progress made as a result of the implementation of this section.

    (f)    This section may not be construed to:

        (1)    limit or supersede recycled content requirements under any other provision of law; or

        (2)    require the acquisition of goods or services that:

            (i)    do not perform adequately for the intended use;

            (ii)    exclude adequate competition; or

            (iii)    are not available at a reasonable price in a reasonable period of time.

    (g)    A bidder or offeror for a procurement contract shall certify in writing that any claims of environmental attributes made relating to a product or service are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms.