A795 1R

An Act ¹[concerning recognition of] establishing a program to recognize¹ certain businesses, companies, or corporations in the State providing environmental benefits to the State and supplementing Title 13 ¹[and Title 52]¹ of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Commissioner of Environmental Protection shall establish a list of businesses, companies, and corporations in the State that are, as determined by the commissioner, environmentally responsible ¹[, and, shall provide the list, and each update of the list, to the State Treasurer and the Director of the Division of Purchase and Property in the Department of the Treasury]¹ . In making this determination , the ¹[Commissioner of Environmental Protection] commissioner¹ , at a minimum, shall evaluate a business, company ¹,¹ or corporation on the basis of the following:

(1) the contribution of the business, company ¹,¹ or corporation to the improved environment of the State, especially any contribution to environmental education and awareness in the State; the reduction of air and water pollution and the preservation of natural resources; the implementation of policies, procedures, or technologies to reduce, replace, or minimize the environmental impact of toxic materials and substances used in manufacturing processes or other applications; the increased use of recycled materials, energy conservation, or alternative forms of energy or fuel with environmental benefits; and the implementation of open space preservation, habitat protection, or responsible land use policies and projects;

(2) the extent to which these contributions are in addition to steps the business, company, or corporation is required to take in these areas due to local, State, or federal requirements; and

(3) the use of innovative policies, procedures, and technologies that result in sound environmental practices and important environmental benefits for the State.

¹[The Commissioner of Environmental Protection shall update the list on an annual basis, or as frequently as requested by the State Treasurer and the Director of the Division of Purchase and Property, who shall each request such updates as frequently as each determines is necessary for the implementation of this act. The business, companies, and corporations on the list established pursuant to this subsection shall be eligible for recognition pursuant to subsection b. of this section and may be given preference in the awarding of a State contract pursuant to section 2 of this act] The list established pursuant to this subsection shall be displayed prominently on the Department of Environmental Protection’s website, and shall be updated as appropriate¹ .

b. In addition to designating businesses, companies, or corporations as environmentally responsible pursuant to subsection a. of this section, the Commissioner of Environmental Protection shall periodically ¹[award certificates of] provide public¹ recognition to ¹those¹ businesses, companies, or corporations in the State that, as determined by the commissioner, have exhibited exemplary attention to, and concern for, the environment in their business practices, policies, procedures or goods, as evidenced by their contribution to the improved environment of the State and use of innovative policies, procedures, and technologies that result in sound environmental practices and important environmental benefits for the State. ¹This recognition may be in the form of the award of certificates, press announcements, or other forms of recognition the commissioner deems appropriate to highlight the achievements of these businesses, companies, or corporations. The commissioner may also create a logo which businesses, companies, or corporations who have been recognized as environmentally responsible may use in the promotion of that business, company, or corporation.¹

c. Any business, company, or corporation in the State that makes a contribution to the improved environment of the State or implements innovative policies, procedures ¹,¹ or technologies, above and beyond the scope of those measures required pursuant to local, State, or federal requirements, may submit to the Commissioner of Environmental Protection documentation of these contributions or the implementation of these measures, how the measures constitute environmental measures above and beyond the scope of those measures required pursuant to local, State, or federal requirements, and the environmental benefit gained by the State from these contributions or the implementation of the measures. The ¹[Commissioner of Environmental Protection] commissioner¹ shall review the submitted documentation and determine if the business, company ¹,¹ or corporation should be included in the list established pursuant to subsection a. of this section, and if the business, company ¹,¹ or corporation should be further recognized for its achievements pursuant to subsection b. of this section.

d. ¹The list and the recognition program established pursuant to subsections a. and b. of this section may be known as the “Environmental Stewardship Program.”

e.¹ The Commissioner of Environmental Protection may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary for the implementation of this section, including, but not limited to, provisions establishing the criteria for designation as an environmentally responsible business, company, or corporation, ¹and¹ for award of certificates of recognition to exemplary businesses, companies, or corporations. Any rules and regulations adopted pursuant to this subsection shall include, at a minimum, the evaluation criteria provided in subsection a. of this section.

¹[2. a. Notwithstanding any other provision of State law, or any rule or regulation adopted pursuant thereto, to the contrary, the Director of the Division of Purchase and Property in the Department of the Treasury, the Director of the Division of Property Management and Construction in the Department of the Treasury, or any State agency having authority to contract for the purchase of goods and services, shall wherever possible give preference to goods and services provided by a business, company, or corporation on the list established pursuant to subsection a. of section 1 of this act.

In preparing the specifications for any contract for the purchase of goods and services, including but not limited to a contract for the construction, improvement, or maintenance of any public work, the Director of the Division of Purchase and Property, the Director of the Division of Property Management and Construction, or any State agency having authority to contract for the purchase of goods or services shall include in the invitation to bid, where relevant, a statement that any response to the invitation that proposes or calls for the use of goods or services provided by a business, company, or corporation on the list established pursuant to subsection a. of section 1 of this act shall receive preference whenever possible.

Any preference provided pursuant to this subsection may not supersede any preference given to recycled paper and paper products pursuant to P.L.1987, c.102 (C.13:1E-99.11 et seq.) or other preferences provided pursuant to other provisions of law that establish a preference for goods or services with significant environmental benefit, as determined by the Commissioner of Environmental Protection.

b. The provisions of subsection a. of this section shall not apply:

(1) to any binding contractual obligations for the purchase of goods or services entered into prior to the effective date of this act;

(2) to bid packages advertised and made available to the public, or to any competitive and sealed bids received by the State, prior to the effective date of this act; or

(3) to any amendment, modification, or renewal of a contract, which contract was entered into prior to the effective date of this act where the application would delay timely completion of a project or involve an increase in the total moneys to be paid by the State under that contract.

c. The State Treasurer, in consultation with the Commissioner of Environmental Protection, shall establish a procedure for resolving any dispute that may arise from the awarding of a public contract by the State pursuant to subsection a. and subsection b. of this section.]¹

¹[3.] 2.¹ This act shall take effect immediately.