| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 5 MRSA §1743-D is enacted to read: |
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| §1743-D.__Pollution prevention as contract criterion |
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| | A contractor engaged by the State or bidding for any public | improvement or public works project must meet the requirements of | this section. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 5.__Effective date.__This section applies to any state | contract that takes effect on or after July 1, 2000. |
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| | 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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