Senate Bill No. 450
(By Senators Grubb and Macnaughtan)
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[Introduced February 20, 1995;
referred to the Committee on Energy, Industry and Mining.]
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A BILL to amend chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve, relating to the procurement of unbleached paper products.

Be it enacted by the Legislature of West Virginia:
That chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twelve, to read as follows:

ARTICLE 12. PROCUREMENT OF UNBLEACHED PAPER PRODUCTS.

§20-12-1. Short title.

This article may be known and cited as the "Procurement of Chlorine-Free Paper Products".
§20-12-2. Legislative intent and findings.
(a) The Legislature of the state of West Virginia finds that:
(1) The use of chlorine-based chemicals in the manufacturing process results in the formation of many persistent, toxic organochlorine pollutants;
(2) These pollutants are a threat to human health, sound environment and work force in the state of West Virginia and elsewhere;
(3) Residual organochlorines are present in paper products that have been produced with the use of chlorine-based chemicals, posing a health threat to users of those products;
(4) The use of chlorine-based chemicals has been proven to cause an increased chance of breast cancer among men and women in the United States and in other countries;
(5) Residual organochlorines pose a threat to human health and the environment when wastepaper, that has been produced with chlorine-based chemicals, is disposed of in landfills and incinerators;
(6) The use of chlorine-based chemicals does not produce paper products of a higher value or efficacy;
(7) Methods are available to produce paper products, both virgin and recycled, which are either unbleached or bleached with nonchlorine-based chemicals;
(8) Procurement by the state of West Virginia of items which are produced without the use of chlorine-based chemicals will promote the development of markets for such products and thereby contribute to the success of environmentally sound alternatives to chlorine-based paper production; and
(9) According to a study by the United States Environmental Protection Agency (EPA), one hundred percent of United States citizens have measurable levels of chlorinated dioxin in their tissues.

§20-12-3. Definitions.

(a) "Agency" means any state department, agency, bureau or commission which procures paper products independent of the department.
(b) "Secretary" means the secretary of the department of administration.
(c) "Department" means the department of administration.
(d) "Director" means the director or administrator of any state agency which procures paper products independent of the department.
(e) "Nonchlorine bleached paper" means virgin or recycled paper that has been bleached without the use of any chlorinated chemicals. These chemicals include, but are not limited to, elemental chlorine, chlorine dioxide and sodium hypochloride.
(f) "Paper products" include printing, writing, copier and computer paper, letterhead stationery and envelopes. This definition includes paper products made from virgin and recycled fiber.
(g) "Procurement process" means the process by which paper products are purchased from competing vendors. This includes purchases made through the bidding process and purchases which are not subject to bidding.
(h) "Unbleached paper" means virgin or recycled paper that has not been lightened by any chemical means.

§20-12-4. Paper procurement procedures.

(a) The department shall establish appropriate procedures, standards and strategies to implement the maximum procurement of nonchlorine bleached paper products.
(b) The secretary or director shall, upon consultation with the department, review and modify all procurement process specification to ensure that the specifications do not discriminate against nonchlorine bleached paper products.
(c) In purchasing paper products, the secretary or director shall purchase nonchlorine bleached paper products. For the purpose of this section, "reasonably competitive" means a comparable nonchlorine bleached product with a cost premium of no greater than fifteen percent.
(d) In contracts for the purchase of paper products, for use by the department or agency, when the lowest responsible bidder is not supplying nonchlorine bleached paper products, and another bidder who will supply such products has submitted a bid within fifteen percent of the lowest responsible bid for a contract to supply paper products that are adequate for the purpose intended, the contract shall be awarded to the bidder supplying nonchlorine bleached paper products.
(e) In making purchases of paper products outside the bidding process, the secretary or director shall give similar fifteen percent price preference to nonchlorine bleached paper products which are of quality adequate for the purpose intended.
(f) Whenever the secretary or director purchases nonchlorine bleached paper products for letterhead stationery, envelopes or publications by the state or a state department or agency, the letterhead stationery, envelope or printed material shall include a printed statement or symbol to indicate that nonchlorine bleached paper is used.
(g) The secretary or director shall prepare a list of known vendors who can supply nonchlorine bleached paper products and a list of known vendors who can supply products other than paper products, but which rely on nonchlorine bleached paper for their packaging, and shall be required to solicit bids for paper products from vendors on such lists.
(h) The secretary or director shall prepare and submit to the governor and Legislature an annual report on their activities to increase the department or agency's purchase of nonchlorine bleached paper products.

§20-12-5. Nonchlorine bleached paper products procurement goals.

(a) Two-year goal. Two years after the effective date of passage of this article, twenty-five percent of all paper products purchased shall be nonchlorine bleached.
(b) Five-year goal. Five years after the effective date of passage of this article, seventy-five percent of all paper products purchased shall be nonchlorine bleached.
(c) Annual review. The secretary shall prepare and submit an annual report on the thirty-first day of January of each year following the effective date of this article, summarizing the program's accomplishments, prospects for the future, and any recommendations. The report shall be submitted to the governor, speaker of the House of Delegates and president of the Senate.

NOTE: The purpose of this bill is to promote the purchase of nonchlorine bleached paper products.

Article twelve, chapter twenty is new; therefore, strike- throughs and underscoring have been omitted.