Environmentally preferable purchasing laws, rules & directives

• RCW 39.26.280 - Requires the Department of Enterprise Services to establish purchasing and procurement policies that provide a preference for products and products in packaging that does not contain polychlorinated biphenyls, or PCBs. It also specifies that no agency may knowingly purchase products or products in packaging containing polychlorinated biphenyls above the practical quantification limit, except when it is not cost-effective or technically feasible to do so.
• RCW 39.26.160 - Amends several statutes so that, in determining the lowest responsive and responsible bidder, an agency may consider best value criteria, including but not limited to whether the bid considers human health and environmental impacts.
• Chapter 43.19 RCW - Provides a broad legislative basis for state purchases of recycled-content and energy-saving products. It also provides flexibility for the Office of State Procurement to award state contracts based on environmental considerations. It establishes that factors beyond price, including past performance and life cycle costing, are to be used in determining the responsible bidder.
• Chapter 43.19A RCW - Directs state agencies to develop strategies to increase recycled product purchases and to provide specific goals for procurement of recycled products.
• RCW 43.19A.022 - Requires state agencies to purchase 100-percent recycled content white cut sheet bond paper for use in printers and copiers.
• RCW 70.95.725 - Requires state agencies to:
  • Develop and implement a paper conservation program to reduce use of printing and copy paper by 30 percent of current use.
  • Develop and implement a paper recycling program with the goal of recycling 100 percent of all copy and printing paper in all buildings with 25 employees or more.
• RCW 70.95.010(16) - Requires that all governmental entities in the state should set an example by implementing aggressive waste reduction and recycling programs at their workplaces and by purchasing products that are made from recycled materials and are recyclable.
• RCW 43.19.642 - Develops markets for less polluting biodiesel fuels by encouraging state agencies to purchase this fuel.
• RCW 43.19.637 - Require that at least 30 percent of all new vehicles purchased through state contracts be clean-fuel vehicles. It also states that the percentage of clean-fuel vehicles purchased through a state contract shall increase at the rate of five percent each year.
• Chapter 39.35D RCW - Requires all new state-funded facilities over 5,000 square feet to meet green building criteria. Major office and higher education facility projects are required to achieve LEED Silver certification. New K-12 schools are required to meet the Washington Sustainable Schools Protocol or achieve LEED certification. Establishes the use of Washington State-based resources, building materials, products, industries, manufacturers, and other businesses as a priority in green building projects. Check out our Reducing Toxic Threats webpage for information about other legislation that relates to toxics in products.

• Executive Order 02-03 Sustainable Practices by State Agencies — Directs state agencies to establish sustainability objectives and expand markets for environmentally preferable products and services.
• Executive Order 04-01 Persistent Toxic Chemicals — Directs state agencies to take steps to reduce persistent toxic chemicals in the environment:
  • Each state agency shall adopt measures to reduce the use of equipment, supplies and other products that contain persistent toxic chemicals.
  • DES shall make products that do not contain persistent toxic chemicals available to state agencies. If such products are not available, preference shall be given to products with the least amount of persistent toxic chemicals.
• Executive Order 05-01 Establishing Sustainability and Efficiency Goals for State Operations — Directs state agencies to achieve sustainability goals, many of which have been superseded by legislation.
• Executive Order 13-06 Improving the Health and Productivity of State Employees and Access to Healthy Food in State Facilities — Directs state agencies to adopt and begin to implement a food and beverage service policy for state employees. Whenever practical, Washington-grown products shall be purchased and promoted.
• Executive Order 18-01 State Efficiency and Environmental Performance — Directs state agencies to comply with guidance on environmentally preferable purchasing. The Department of Enterprise Services and the Department of Ecology will collaborate to provide guidance on reducing toxics and other emissions in purchasing.

The State Solid and Hazardous Waste Plan is the state plan for solid and hazardous waste management. It sets a vision to reduce or eliminate most wastes and toxics by 2035, and use any remaining wastes as resources. Solid waste and hazardous waste planning guidelines identify procurement policies as a helpful tool for implementing waste reduction and recycling programs.

• Guidelines for the Development of Local Solid Waste Management Plans and Plan Revisions
• Guidelines for Developing and Updating Local Hazardous Waste Plans