Researcher: JP Page 1 4/13/22
OLR Bill Analysis
sSB 475
AN ACT CONCERNING STATE AGENCY PROCUREMENT OF
RECYCLABLE PRODUCTS.
SUMMARY
This bill requires the Department of Administrative Services (DAS)
commissioner, for open market orders and contracts awarded on or after
October 1, 2022, to give up to a 10% preference for purchasing (1)
recyclable or remanufactured products or (2) goods made with recycled
materials. (A price preference is the percentage by which a bid may be
reduced for purposes of awarding a contract to the lowest qualified
bidder.) In doing so, the bill also eliminates current law’s provisions that
the commissioner may provide a preference when he determines that it
would promote recycling or remanufacturing. However, as the
percentage of the preference is discretionary, presumably the
commissioner could still choose not to provide it.
“Recyclable” means able to be collected, separated, or otherwise
recovered from the solid waste stream for reuse, or for use in the
manufacture or assembly of another package or product, by a recycling
program which is reasonably available to at least 75% of the state’s
population. “Remanufactured” means restored to its original function
and diverted from the solid waste stream by retaining the bulk of
components that have been used at least once and by replacing
consumable components.
Existing law requires the DAS commissioner, whenever practicable,
to make efforts to increase state procurement of these products. Current
law allows him to take certain steps to do so, including by requiring that
bids include statements (1) of postconsumer and secondary waste
content and (2) assessing the ability of materials to be recycled or
products to be recycled or remanufactured, and the extent to which
there are established recycling programs to facilitate this. 2022SB-00475-R000456-BA.DOCX
Researcher: JP Page 2 4/13/22
The bill requires, rather than allows, him to use these specified
actions. However, these efforts are still only required when practicable.
The bill also makes technical changes.
EFFECTIVE DATE: October 1, 2022
BACKGROUND
Contracting Preference Programs
State law generally requires that state contracts for goods and
services be based on competitive bids or competitive negotiation (CGS
§ 4a-57(a)). However, there are several exceptions to this, such as
allowing a price preference of up to 10% for certain small businesses and
sustainable products (CGS § 4a-59(c)). In these instances, the contracting
or purchasing official must abide by the laws surrounding the
preference.
Related Bill
sSB 469, favorably reported by the Government Administration and
Elections Committee, expands the types of procurement methods that
state agencies may use when seeking to enter personal services
agreements and contractual services contracts.
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable
Yea 13 Nay 6 (03/28/2022)