Agenda Item 5F
January 28, 2014
Introduction
MEMORANDUM
January 24, 2014
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
~
Certified Green Business
Introduction:
Bill 7-14, Contracts and Procurement
Program
Bill 7-14, Contracts and Procurement - Certified Green Business Program, sponsored by
Councilmembers Berliner, Floreen, Riemer, Council President Rice, and Councilmembers EIrich,
Andrews, and Navarro, is scheduled to be introduced on January 28, 2014. A public hearing is
tentatively scheduled for February 11,2014 at 7:30 p.m.
Bill 7-14 would create a preference for a certified green business in the law governing the
County's procurement of goods and services. It would also require the Executive to adopt a
regulation implementing the preference for a certified green business.
The Department of Environmental Protection has developed a green business program
where it certifies businesses that satisfy a checklist of required actions. However, there is no
direct financial incentive for a business to be certified. This bill would provide a potential direct
financial incentive for a green business that bids on County contracts. The Bill would encourage
businesses to develop strategies for protecting the environment in their day to day operations.
Councilmember Berliner explained the purpose of this Bill in his January 14 memorandum
describing his proposed energy/environmental measures. See ©20 of Bill 2-14, Agenda Item
5A.
This packet contains:
Bill 7-14
Legislative Request Report
1
5
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Bill No.
7-14
Concerning: Contracts and Procurement
- Certified Green Business Program
Revised: January 15, 2014 Draft No. _2_
Introduced:
January 28, 2014
Expires:
July 28,2015
Enacted: _ _ _ _ _ _'---_ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'""'N.:::,:on...."e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, and Riemer, Council President Rice, and Councilmembers
EIrich, Andrews, and Navarro
AN
ACT to:
(1)
(2)
(2)
create a preference in the procurement of goods and services by the County for a
certified green business;
require the County Executive to adopt a regulation implementing the preference for
a certified green business; and
generally amend the law governing the County's procurement of goods.
By adding
Montgomery County Code
Chapter
11
B, Contracts and Procurement
Article XVII
Section IIB-77
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL NO. 7-14
1
Article XVII is added as follows:
Article XVII. Certified Green Business Proeram.
11B-77. Certified Green Business Program.
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3
4
!ill
Definitions.
In
this Article the following tenns have the following
meanmgs:
Certified green business
means
~
business accepted as
~
green business
by
the Department of Environmental Protection.
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7
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Director
means the Director of the Department of Environmental
Protection.
Green
business
means
~
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forward-looking
business
that
has
demonstrated innovative environmental responsibility
by
embedding
issues of sustainability into their day to day operations and supply chain
decisions.
Green business evaluation [actor
means an evaluation factor in
request for proposals that gives an offeror credit for being
green business.
Percentage price preference
means the percent
by
which
bid from
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~
~
~
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15
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certified
responsive
responsible bidder who is
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certified green business may
exceed the lowest responsive bid submitted
Qy
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responsible bidder who
is not
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certified green business.
(hl
Regulation.
21
The Executive must adopt
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Method
~
regulation that
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includes:
ill
ill
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checklist of required actions necessary for
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business to be
certified as
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green business;
an application process for
business;
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business to be certified as
~
green
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BILL No. 7-14
27
ill
ill
ill
W
!! percentage price preference for!! certified green business under
!! solicitation for competitive sealed bidding;
!! green business evaluation factor for use m a request for
proposals; and
!! list of approved private organizations and government agencies
that provide green business certification.
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Certification.
The Director may:
ill
ill
directly certify !! business that satisfies the checklist of required
actions established
Qy
regulation as !! green business; or
accept the green business certification of !! green business
Qy
any
private organization or government agency that the Director finds
substantially duplicates the required actions established
Qy
regulation.
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@
Role
gf
Office
gf
Procurement and Department
gf
Environmental
Protection.
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ill
The Office of Procurement must review all specifications of the
Using Departments and all cooperative purchasing agreements to
ensure compliance with this Section, appropriate use of !!
percentage price preference or !! green business evaluation factor,
and consistency among Using Departments procuring similar
goods and services.
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ill
The Department of Environmental Protection must operate the
green certification process and maintain !! list of businesses that
have been certified as !! green business.
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ill
Report
f2J:
Office
gf
Procurement.
The Director of the Office of
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Procurement, after consulting with the Director of Environmental
Protection, must submit !! report to the County Council and County
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Bill
No.
7-14
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Executive
.Qy
September 30 each year about implementation of this
Section for the prior fiscal year. The report should include:
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ill
ill
the dollar value of goods and services purchased from
green business;
~
certified
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to the extent ascertainable, the additional cost of any contracts
awarded to
preference;
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certified green business under
~
percentage price
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ill
ill
ill
®
Approved:
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summary of applications for certification as
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green business
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made during the year, including the results of each application;
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list of certified green businesses;
suggested legislative or administrative changes; and
any other relevant information.
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Craig
L.
Rice, President, County Council
Date
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Approved:
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 7-14
Contracts and Procurement
-
Certified Green Business Program
DESCRIPTION:
PROBLEM:
This Bill would create a preference for a certified green business in
the County's procurement regulations.
The Department of Environmental Protection has developed a green
business program where it certifies businesses that satisfy a checklist
of required actions. However, there is no direct financial incentive
for a business to be certified. This bill would provide a potential
direct financial incentive for a green business that bids on County
contracts.
The goal is to encourage businesses to develop strategies for
protecting the environment in their day to day operations.
DEP, DGS, County Attorney
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, 240-777-7895
To be researched.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None
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