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State of New Jersey
Executive Order #91

Governor James J. Florio

WHEREAS, the procurement of products manufactured or produced from a percentage of recycled materials is acknowledged as the keystone of a successful recycling program; and

WHEREAS, purchases by federal, state and local governments account for nearly 20 percent of the Gross Domestic Product of the United States; and

WHEREAS, government procurement of recycled products can exert economic leverage to make recycled products more competitive with products manufactured from virgin materials and move recycled products into the marketplace; and

WHEREAS, government procurement of recycled products can persuade manufacturers to develop greater production capacity, invest in research on recycled products and introduce new recycling technologies; and

WHEREAS, State laws require and provide economic incentives for the purchase of recycled products by State agencies; and

WHEREAS, State law and policy mandate the recycling of 60 percent of the solid waste stream, thereby reducing the amount of solid waste requiring disposal, conserving valuable resources and energy, and increasing the supply of reusable materials for New Jersey's industries; and

WHEREAS, local governments and private firms across New Jersey, in response to State law and policy, each year collect greater volumes of recyclable materials to be returned to the economic mainstream through remanufacturing and other recycling techniques; and

WHEREAS, Executive Order No. 34 (1991) requires State agencies to serve as models for public and private entities in source reduction and recycling, and these State agencies should also serve as models to promote the expanded procurement of recycled products by public and private entities;

NOW, THEREFORE, I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue of authority vested in me by the Constitution and Statutes of this State, do hereby ORDER and DIRECT:

1. That each State agency and instrumentality shall implement the following mandates:

A. Appoint, within 30 days of the effective date of this Order, a coordinator from the agency procurement staff who will be responsible for coordinating with the Division of Purchase and Property in the Department of Treasury (hereinafter "Division of Purchase and Property") and the Division of Solid Waste Management in the Department of Environmental Protection and Energy (hereinafter "Division of Solid Waste Management") for the procurement of recycled products by the agency or instrumentality. The coordinator's responsibility is to ensure agency compliance with the purchasing goals of this Order.

B. Require the purchase of recycled paper and paper products of comparable quality with virgin products, with consideration given to recycled paper and paper products containing the highest percentage of post-consumer waste paper material, when such purchase is competitive as defined below. In the event that this requirement is impossible to meet due to mill or vendor supplies of paper and paper products containing recycled secondary and post-consumer content, each State agency or instrumentality shall meet, at minimum, the following purchasing schedule:

(1) Effective immediately, not less than 55 percent of the total dollar amount of paper and paper products purchased by any State agency or instrumentality shall be made from recycled paper or paper products, having a total weight consisting of not less than 50 percent secondary waste paper material and with not less than 10 percent of its total weight consisting of post-consumer waste paper materials;

(2) On and after July 1, 1993, not less than 60 percent of the total dollar amount of paper and paper products purchased by the State shall be made from recycled paper or paper products having a total weight consisting of not less than 50 percent secondary waste paper material and with not less than 15 percent of its total weight consisting of post-consumer waste paper materials;

(3) On and after January 1, 1995, not less than 65 percent of the total dollar amount of paper and paper products purchased by the State shall be made from recycled paper or recycled paper products having a total weight consisting of not less than 50 percent secondary waste paper material and with not less than 25 percent of its total weight consisting of post-consumer waste paper material; except that high grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper and duplicator paper shall be made from recycled paper having a total weight consisting of not less than 50 percent secondary waste paper material and with not less that 15 percent of its total weight consisting of post-consumer waste paper material.

Except as otherwise provided by law, the Division of Purchase and Property, in consultation with the Division of Solid Waste Management, shall have discretion and authority to modify the procurement rate guidelines established in B.(1) above.

For the purposes of purchasing recycled paper and paper products, "competitive" means a price no more than 10 percent above the price of items which are manufactured or produced from virgin paper products, except that the director, upon consultation with the department, may make contracts available for recycled paper or recycled paper products at a price no more than 15 percent above the price of virgin paper products whenever the director determines that a 15 percent price preference is in the best interest of the State.

C. Print all publications and documents, including those publications and documents printed under the supervision of a State agency or instrumentally, on recycled paper where adequate supplies are available and the purchase of recycled paper is competitive as defined in this Order. The phrase "printed on recycled paper," "recycled paper" or words or symbols to that effect should be imprinted on the publication or document.

D. Review and modify all bid and product specifications, in consultation with the Division of Purchase and Property, to ensure that such specifications do not discriminate, without a sound technical or economic basis, against the purchase or use of paper or nonpaper recycled products, but encourage the maximum purchase of products made from recycled materials, (e.g. where feasible, brightness standards or their equivalents for paper or paper products shall be lowered or eliminated to remove any impediments which these standards may pose to the purchase or recycled paper or paper products).

E. Review and develop specifications for paper and nonpaper finished products, purchased by the agency or instrumentality, which are composed primarily of a single material, such as metal, glass, or plastic, to give priority to those single-material products containing recycled, post-consumer metal, glass, plastic or other recycled materials, and meet any procurement rate guidelines set for specific product or material classes by the Division of Purchase and Property, in consultation with the Division of Solid Waste Management.

F. Utilize, where technically feasible, competitively priced (as defined below) and environmentally sound, compost, mulch and other soil amendments made from municipal solid waste, sludge, yard waste, clean wood waste, and other organic materials, in descending order of priority, where the agency or instrumentality is responsible for the maintenance of public lands, engages in landscaping activities or performs construction activities at State facilities or projects. The compost derived from these listed organic waste materials shall be used in lieu of any chemical fertilizer or soil amendment.

G. Purchase re-refined motor oil, when competitively priced as defined below, for use in automobiles or other vehicles maintained by the agency or instrumentality according to the following schedule:

(1) By December 31, 1993, not less than 5 percent of the total dollar amount expended for the purchase of motor oil shall be for the purchase of re-refined motor oil;

(2) By December 31, 1994, not less than 10 percent of the total dollar amount expended for the purchase of motor oil shall be for the purchase of re-refined motor oil; (3) By December 31, 1995, not less than 15 percent of the total dollar amount expended for the purchase of motor oil shall be for the purchase of re-refined motor oil;

(4) By December 31, 1996, not less than 20 percent of the total dollar amount expended for the purchase of motor oil shall be for the purchase of re-refined motor oil.

Re-refined motor oil is defined as oil from which the physical and chemical contaminants acquired through previous use have been removed through a refining process.

H. Purchase, when competitively priced as defined below, retreaded, remolded or remanufactured vehicle tires for automobiles or other vehicles, excluding law enforcement vehicles, according to the following schedule:

(1) By December 31, 1993, not less than 5 percent of the total dollar amount expended for the purchase of tires shall be for the purchase of retreaded, remolded or remanufactured tires;

(2) By December 31, 1994, not less than 10 percent of the total dollar amount expended for the purchase of tires shall be for the purchase of retreaded, remolded or remanufactured

(3) By December 31, 1995, not less than 15 percent of the total dollar amount expended for the purchase of tires shall be for the purchase of retreaded, remolded or remanufactured tires;

(4) By December 31, 1996, not less than 20 percent of the total dollar amount expended for the purchase of tires shall be for the purchase of retreaded, remolded or remanufactured tires;

(5) By December 31, 1997, not less than 25 percent of the total dollar amount expended for the purchase of tires shall be for the purchase of retreaded, remolded or remanufactured tires.

I. Purchase the following nonpaper finished recycled materials or products in lieu of manufactured or virgin materials whenever these materials or products are competitively priced, as defined below, with comparable products manufactured or produced from virgin materials:

(1) recycled concrete aggregate and recycled asphalt pavement;

(2) glassphalt (recycled glass);

(3) asphalt pavement or asphalt pavement patching material made with recycled asphalt shingles;

(4) asphalt containing recycled fly ash from coal;

(5) recycled plastic lumber, snow fencing, fencing or sign posts.

For the purposes of purchasing the recycled nonpaper finished products referenced immediately above, "competitive" or "competitively priced" shall mean a price no more than 10 percent above the price of comparable products or materials manufactured or produced from virgin materials. Any agency shall have the authority to reject a competitively priced bid for a recycled nonpaper finished product if that agency makes a determination that the price offered for the recycled nonpaper finished product or material is not accurately reflective of general market conditions for the product or material, based on the agency's past procurement experiences, current market analysis or information gained from other comparable jurisdictions.

As an alternative to the above, within the State agency bidding procedures as established by law and the preferential pricing structure contained in this Order, any agency may offer rebates to vendors for the use of recycled nonpaper finished products or materials in the supplying of any nonpaper finished product or material.

Except as otherwise provided by State agency bidding procedures established by law, any agency may, upon consultation with the Division of Solid Waste Management, make contracts (other than State term contracts) available for recycled nonpaper finished products or materials at a price no more than 15 percent above the price of comparable virgin products or materials, whenever the agency determines that a 15 percent price preference is in the best interests of the State.

For the purposes of this Order, "nonpaper finished products" shall mean all nonpaper products and materials purchased by any agency or instrumentality. For the purposes of purchasing nonpaper finished products, "post consumer material" shall include any finished product generated by a business or consumer which has served its intended end use, and which has been separated from solid waste for the purposes of collection, recycling and disposition, but shall not include waste material generated after the completion of a manufacturing process.

Where technically feasible, competitively priced and environmentally sound, each agency shall purchase nonpaper finished products containing the highest percentage of post-consumer material.

J. Require that appliances and cooling and air conditioning systems containing refrigerants (CFCs and HCFCs) be appropriately handled by purchasing and using refrigerant recovery equipment or contracting with a vendor to recover the refrigerants prior to recycling the appliance, pursuant to Section 5.1 of New Jersey's Recycling Regulations, N.J.A.C. l7:26A-1.1 et seq. and Section 608 of the federal Clean Air Act Amendments.

K. Report semi-annually by January 1 and July 1, in writing to the Division of Solid Waste Management on the types, volume and dollar amounts of recycled paper and nonpaper finished products purchased, exclusive of State term contracts. This reporting requirement shall not apply to term contracts and Purchase Bureau line-item purchases.

L. Require government contractors and grantees, where permissible by law, to conform to the recycled paper and nonpaper finished products procurement guidelines set forth in this Order. As appropriate, these requirements shall be applied to contractors and grantees in procuring products or materials to perform contractual services for the State agency or instrumentality, providing a work product for the State agency or instrumentality, or conducting work funded by a grant from the State agency or instrumentality.

As needed to monitor conformance to these requirements, contractors and grantees may be further required to report to the State agency or instrumentality the types, quantities and total dollar amounts of recycled paper and nonpaper finished products purchased by the contractor or grantee in connection with government-funded work.

2. I further direct that the Division of Purchase and Property in the Department of the Treasury shall:

A. Ensure that all bid specifications define competitive pricing for recycled products as defined in State law and this Order.

B. Give priority consideration to the procurement of products which contain the highest percentage of post-consumer waste material.

C. Require vendors, where appropriate, to supply a manufacturer's certification that states the percentage of post-consumer waste material contained in the recycled product and, in the case of recycled paper products, states the percentage of secondary waste paper material content.

D. Identify and review, in consultation with the Division of Solid Waste Management in the Department of Environmental Protection and Energy, bid specifications adopted by other State agencies and instrumentalities that may discriminate, without a sound technical or economic basis, against the purchase or use of recycled products and materials and advise these State agencies or instrumentalities on modifications to the specifications that are necessary to promote the purchase or use of recycled products and comply with this Order.

E. Purchase photocopy machinery, including warranties, which do not restrict the use of recycled xerographic paper, and that provide for effective duplex copying.

F. Ensure that janitorial service contracts include a provision that such services supply recycled paper products for use in State-owned or leased buildings.

G. Review and revise State bid specifications, contracts and procedures in order to provide information to identify those contracts and commodities which constitute recycled products or contain recycled materials, and the quantities ordered and dollar amounts expended for those products.

H. Report semi-annually to the Division of Solid Waste Management in the Department of Environmental Protection and Energy on the types, volumes and dollar amounts of recycled product purchases covered by term contracts, Purchase Bureau line-item purchases, and direct purchases.

3. I further direct that the Department of Transportation shall:

A. Continue to serve as the lead agency in the development of specifications for the use of recycled materials in roadway construction and maintenance as identified in this Order.

B. Achieve a minimum utilization rate for asphalt pavement containing recycled rubber, as a percentage of the total tons of asphalt pavement used in roadway construction, resurfacing or maintenance, including those utilization rates required pursuant to the federal Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), as follows, whenever such utilization is competitively priced as defined above:

(1) A minimum of 5 percent by December 31, 1994;

(2) A minimum of 10 percent by December 31, 1995;

(3) A minimum of 15 percent by December 31, 1996;

(4) A minimum of 20 percent by December 31, 1997;

(5) A minimum of 25 percent by December 31, 1998;

(6) A minimum of 30 percent by December 31, 1999;

(7) A minimum of 35 percent by December 31, 2000;

(8) A minimum of 40 percent by December 31, 2001.

If the Department of Transportation, in consultation with the Division of Solid Waste Management, determines that meeting any of the above identified utilization rates is not feasible, the Department of Transportation shall submit to the Governor's Office, within 90 days of each annual utilization rate identified above, a written analysis that identifies the technical, economic or environmental constraints that preclude such use, and describe any steps that may be taken to eliminate these constraints. Such analyses, if any, shall not relieve the Department of Transportation of its responsibilities for attaining any other annual utilization rate listed.

4. I further direct that the Department of Community Affairs shall:

A. Review existing construction specifications contained in the New Jersey Uniform Construction Code and revise any specifications that discriminate, without a sound technical or economic basis, against the use of recycled products or materials for building construction. This shall be carried out within one year of the effective date of this Order and in consultation with the Division of Solid Waste Management in the Department of Environmental Protection and Energy.

B. Review and revise all regulations, in consultation with the Division of Solid Waste Management, to include the provision that permits for all construction-related activities shall indicate the markets for the disposition of all recyclable materials generated from the permitted activities, and shall require the maximum practical use of recycling alternatives available in conformance with N.J.S.A. 52:27D et seq., P.L. 1975, Chapter 217, New Jersey Uniform Construction Code, N.J.A.C. 5:23.

5. I further direct that the Division of Solid Waste Management in the Department of Environmental Protection and Energy shall:

A. Provide technical assistance to State agency coordinators to develop and implement the programs mandated by this Executive Order, in consultation with the Division of Purchase and Property in the Department of the Treasury.

B. Assist other agencies and instrumentalities in the development and implementation of educational programs for the procurement of recycled products in consultation with the Division of Purchase and Property.

C. Promote innovative research and development to identify new recycled products to be purchased by State agencies and instrumentalities.

This Order shall take effect immediately.

GIVEN, under my hand and seal this
3rd day of May in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety Three, and of the Independence
of the United States, the Two Hundred
and Seventeenth.

/s/ James J. Florio
Governor

Attest:

/s/ M. Robert DeCotiis
Chief Counsel to the Governor

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