123:5-1-09 Purchase of recycled products.

(A) When purchasing equipment, materials, or supplies, the general assembly; the offices of all elected state officers; all departments, boards, offices, commissions, agencies, institutions, including, without limitation, state-supported institutions of higher education, and other instrumentalities of this state; the supreme court; all courts of appeals; and all courts of common pleas, may purchase recycled products when:

(1) The recycled product being offered is substantially equivalent to the non-recycled product and is commercially available in quantities sufficient to meet the needs of the procuring agency;

(2) The recycled product being offered is consistent with and substantially equivalent to any relevant regulations adopted by the administrator of the United States environmental protection agency pursuant to the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921 ;

(3) It is economically feasible to purchase the recycled product. To determine if the product is economically feasible, the purchasing entity may apply a preference not to exceed five percent above the lowest price offered for the comparable non-recycled product being considered.

(B) So far as practicable and economically feasible, specifications shall:

(1) Omit virgin only material requirements;

(2) Include the minimum percentage of recycled materials the various products shall contain to be considered recycled;

(3) Include functional or performance criteria permitting use of recycled content materials and supplies.

Effective: 03/28/2014
R.C. 119.032 review dates: 01/08/2014 and 03/17/2019
Promulgated Under: 119.03
Statutory Authority: RC 125.02 , RC 125.09
Rule Amplifies: RC 125.02 , RC 125.09
Prior Effective Dates: 2/2/82, 8/30/84, 5/5/95