Oregon 2023 Regular Session

Oregon Senate Bill SB442

Introduced

1/9/23

Refer

1/14/23

Report Pass

3/10/23

Engrossed

3/15/23

Refer

3/16/23

Failed

6/25/23

Caption

Relating to contract preferences in public procurement that aid in offsetting environmental costs; prescribing an effective date.

Impact

The implications of SB442 are significant for state law regarding public procurement. The bill provides a framework that not only supports local businesses by advocating for the procurement of in-state goods and services but also seeks to incorporate environmental considerations into public purchasing decisions. The prospective increase in demand for locally sourced materials could lead to notable economic benefits within Oregon, fostering growth in local manufacturing and service sectors.

Summary

Senate Bill 442 aims to amend existing procurement laws in Oregon to allow contracting agencies to give preference to goods that are fabricated or processed and services that are performed entirely within the state. This preference is applicable as long as these local goods and services do not cost more than five percent over non-local alternatives, provided that the contracting agency can credibly determine that procuring local options offsets environmental costs associated with transportation. The bill outlines exceptions primarily for emergency work and certain construction-related contracts.

Contention

Notably, the bill has generated discussion concerning the potential drawbacks of limiting procurement options to in-state providers. Critics may argue that while promoting local goods supports the economy, it could inadvertently lead to increased costs for public projects and services, which ultimately may be funded by taxpayers. Moreover, questions remain regarding the adequacy of evidence that contracting agencies will need to provide to justify preferences based on environmental cost offsets, which could complicate procurement processes.