Subchapter 2 - OVERSIGHT OF ENVIRONMENTAL PURCHASING

Section 6-304

Section 6-304

  § 6-304  Director of citywide environmental purchasing. There shall be
a director of citywide environmental purchasing who shall:
  a. develop, establish, as appropriate, by promulgation  of  rules  and
implement  environmental  purchasing standards, in addition to those set
forth in this chapter, the purpose of which shall be to: conserve energy
and water; increase the use of recycled  and  reused  materials;  reduce
hazardous  substances,  with  an emphasis on persistent, bioaccumulative
and toxic chemicals; decrease greenhouse gas emissions;  improve  indoor
air quality; promote end-of-life management; and reduce waste;
  b.  at least once every two years, review and, if necessary, update or
revise the city's environmental purchasing standards;
  c. when promulgating any rules pursuant to this chapter, consider,  as
appropriate,  any  available  scientific  evidence,  or  specifications,
guidelines or rules of  other  governmental  agencies  or  organizations
supporting  the  establishment of environmental purchasing standards, as
well as the electronic product environmental assessment tool;
  d. partner,  as  appropriate,  with  other  levels  of  government  or
jurisdictions  to  establish  joint  environmental purchasing standards,
including working with and encouraging  state  agencies  that  supervise
contracts from which the city purchases goods pursuant to paragraph five
of  subdivision a of section 6-303 of this chapter to meet or exceed any
relevant city environmental purchasing standard;
  e. monitor agency compliance with the city's environmental  purchasing
standards; and
  f. submit an annual report to the speaker of the council and the mayor
by  October  1 of each year detailing the city's progress in meeting the
purposes of this chapter, as specified in subdivision a of this section,
and the city's environmental purchasing standards, which report shall at
a minimum include:
  (1) the total value of goods contracts entered into by any agency that
comply with one or more city environmental purchasing standards;
  (2) a list of all solicitations  that  include  any  product  that  is
subject  to  this  chapter  with  an  indication  of  the  environmental
purchasing  specifications  in  each  such  solicitation  and  the  city
environmental purchasing standard that is applicable to any such product
specified in such solicitation;
  (3)  a  list  and  the  aggregate  dollar  value of contracts exempted
pursuant to subdivision a of section 6-303 of this chapter according  to
each type of exemption;
  (4)  a  list  and  the aggregate dollar value of contracts for which a
waiver has been issued pursuant to subdivision b  of  section  6-303  of
this chapter according to each type of waiver with an explanation of the
director's basis for granting each such waiver;
  (5)  any  material  changes  to  the  city's  environmental purchasing
standards since the last publication of such report, including any  new,
updated  or  revised  rules  established  or  determinations made by the
director;
  (6) an identification of any  product  for  which  new  or  additional
environmental purchasing standards are necessary;
  (7)  beginning  January  1,  2008, an explanation of any determination
pursuant to subdivision b of  section  6-308  of  this  chapter  not  to
require compliance with the CPG;
  (8)  a  list  of  products considered in implementing subdivision c of
section 6-308 of this chapter, including an indication  of  whether  any
such  products  were determined to be of inadequate quality, unavailable
within a reasonable period of time, at a price that does  not  exceed  a
cost  premium  of  seven  percent  (7%)  above  the cost of a comparable
product that is not a recycled product or  at  a  price  that  does  not

exceed  a  cost  premium  of five percent (5%) above the cost that would
apply pursuant to subdivision a of section 6-308;
  (9)  beginning  January  1,  2008, an explanation of any determination
pursuant to subdivision c or d of section 6-306 of this chapter  not  to
require compliance with the federal energy management program;
  (10)  a  description  of  the  good faith efforts required pursuant to
subdivision b of section 6-302 of this chapter;
  (11) a description of the director's efforts pursuant to subdivision d
of this section;
  (12) until October 12, 2012, a report on the implementation of section
6-307, section 6-309 and subdivision b of section 6-310 of this chapter;
and
  (13) for the annual report required in 2008,  and  every  fourth  year
thereafter,  for each product subject to the provisions of this chapter,
the total dollar value of such  products  purchased  or  leased  by  any
agency  and  the  portion  of such purchases that comply with the city's
environmental purchasing standards; and, to the extent practicable,  the
total  value  of  such  products  purchased  or leased by any contractor
pursuant to any contract with any agency, including  any  such  contract
for  construction  work in any building, that is subject to this chapter
and  the  portion  of  such  purchases  that  comply  with  the   city's
environmental purchasing standards.

Section 6-305

Section 6-305

  § 6-305  Agency  implementation.  a.  Each  agency  shall designate an
environmental purchasing officer who shall:
  (1) coordinate with the director to ensure agency compliance with  the
city's environmental purchasing standards; and
  (2) submit an annual report as required by the director detailing such
compliance.
  b.  The  department  of education shall submit an annual report to the
speaker of the council and the mayor by October 1 of each year detailing
the department's procurement activities that  are  consistent  with  the
city's environmental purchasing standards.