LD 1366
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LD 1366 Title Page An Act to Require Pollution Prevention as a Criterion for Awarding State Contra... Page 2 of 2
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LR 2536
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §1743-D is enacted to read:

 
§1743-D.__Pollution prevention as contract criterion

 
A contractor engaged by the State or bidding for any public
improvement or public works project must meet the requirements of
this section.

 
1.__Minimizing pollution.__A contractor submitting a bid on a
project covered under this section must demonstrate that
contractor's efforts to minimize pollution in the conduct of the
contractor's business.__Pollution prevention measures may
include, but are not limited to, paper recycling, use of
alternative fuels for transportation, use of environmentally
friendly materials in daily operations, waste-reduction efforts
and proper care of wrecked or discarded equipment.

 
2. Rules.__The Bureau of General Services within the
Department of Administrative and Financial Services shall adopt
rules for contractors who are required to comply with the
provisions of this section.__The rules must set criteria by which
contractors are evaluated during the contract selection process.__
Rules adopted pursuant to this subsection are routine technical
rules as defined in Title 5, chapter 375, subchapter II-A.

 
3.__Bid rejection.__A bid by a contractor who is unable to
demonstrate a good faith effort to prevent pollution, as set
forth in subsection 1, may be rejected as deficient by the Bureau
of General Services or any other procuring agency.

 
4.__Notice.__All requests for proposals issued by a procuring
agency must include a notification to contractors of the
requirements of this section and information on how to obtain a
copy of the rules developed under this section.

 
5.__Effective date.__This section applies to any state
contract that takes effect on or after July 1, 2000.

 
Sec. 2. Guideline development. The Bureau of General Services shall
develop rules and criteria for evaluating a contractor's
pollution prevention efforts as required under the Maine Revised
Statutes, Title 5, section 1743-D, subsection 1. The rules must
be completed and available for public distribution by December
31, 1999.


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