HB2143

SECTION 1. Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

"§103D- Biobased products. (a) After the date specified by guidelines prepared under subsection (b), state purchasing agencies, in making procurement decisions, shall give preference to the items composed of the highest percentage of biobased products practicable, consistent with maintaining a satisfactory level of competition, considering those guidelines.

(b) The state procurement office of the department of accounting and general services shall prepare and, from time to time, revise guidelines for the use of procuring agencies in complying with the requirements of this section. The office shall prepare final procurement guidelines within one hundred eighty days based on the federal regulations adopted pursuant to 7 U.S.C. §8102 as they existed on January 1, 2008. The guidelines shall:

(1) Provide direct or indirect access to information regarding items identified or certified by federal rules, as they existed on January 1, 2008, that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section;

(2) Set forth recommended practices with respect to the procurement of biobased products and items containing biobased materials; and

(3) Provide direct or indirect access to information on availability, relative price, performance, and environmental and public health benefits of biobased materials and items.

(c) As used in this section, "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 in significant part, of biological products or renewable domestic agricultural materials, including plant, animal, and marine materials or forestry materials.

(d) Every two years beginning July 1, 2010, the office shall submit a report to the senate and the house of representatives no later than twenty days prior to the convening of the regular session of the legislature during each odd numbered year on activities occurring during the prior two fiscal years concerning:

(1) Actions taken by state agencies with regard to purchases of biobased products; and

(2) Progress made in the implementation of this section, including agency compliance with subsection (b).

(e) Before September 1 of each even numbered year, each state agency shall report to the office on the effectiveness of the agency's procurement program with respect to its operations during the previous two fiscal years. The office shall prepare and make available to each state agency a procedure and format for presenting this report."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2143
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII