GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 133

Short Title:  DOT Use of Certain Recycled Goods.	(Public)
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Sponsors: Representatives Grimmer, Hackney, Michaux, Ligon, DeVane; and Bowman.
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Referred to:  Environment.
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February 21, 1991

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE, CONSISTENT WITH APPLICABLE ENGINEERING STANDARDS AND ECONOMIC FEASIBILITY, CERTAIN RECYCLED GOODS FOR CERTAIN SPECIFIED PURPOSES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-309.14 reads as rewritten:
"§ 130A-309.14. Duties of State agencies.
(a)	It shall be the duty of each State agency, the General Assembly, the General Court of Justice, and The University of North Carolina, by 1 January 1992, to:
(1)	Establish a program in cooperation with the Department and the Department of Administration, for the collection of all recyclable aluminum and wastepaper materials generated in State offices throughout the State, including, at a minimum, high-grade office paper and corrugated paper.
(2)	Provide procedures for collecting and storing recyclable materials, containers for storing materials, and contractual or other arrangements with buyers of the recyclable materials.
(3)	Evaluate the amount of recyclable wastepaper material recycled and make all necessary modifications to the recycling program to ensure that all recyclable wastepaper materials are effectively and practically recycled.
(4)	Establish and implement, in cooperation with the Department and the Department of Administration, a solid waste reduction program for materials used in the course of agency operations.  The program shall be designed and implemented to achieve maximum feasible reduction of solid waste generated as a result of agency operations.
(b)	The Department of Economic and Community Development shall assist and encourage the recycling industry in the State.  Assistance and encouragement of the recycling industry shall include:
(1)	Identifying and analyzing, in cooperation with the Department, components of the State's recycling industry and present and potential markets for recyclable materials in this State, other states, and foreign countries;
(2)	Providing information on the availability and benefits of using recycled materials to businesses and industries in the State; and 
(3)	Distributing any material prepared in implementing this section to the public, businesses, industries, units of local government, or other organizations upon request.
(c)	By 1 March 1991, and every other year thereafter, the Department of Economic and Community Development shall prepare a report assessing the recycling industry and recyclable materials markets in the State.
(d)	The Department of Economic and Community Development shall investigate the potential markets for composted materials and shall submit its findings to the Department for the waste registry informational program administered by the Department in order to stimulate absorption of available composted materials into such markets.
(e)	On or before 1 March 1991, the Department of Economic and Community Development shall report to the General Assembly its findings relative to:
(1)	Potential markets for composted materials, including private and public sector markets;
(2)	The types of materials which may legally and effectively be used in a successful composting operation; and 
(3)	The manner in which the composted materials should be marketed for optimum use.
(f)	All State agencies, including the Department of Transportation, and the Department of Administration, and units of local government, are required to procure compost products when they can be substituted for, and cost no more than, regular soil amendment products, provided the compost products meet all applicable State standards, specifications, and rules.  This product preference shall apply to, but not be limited to, the construction of highway projects, road rights-of-way, highway planting projects, recultivation and erosion control programs, and other projects.
(f1)	Notwithstanding the provisions of subsection (f) of this section, the Department of Transportation shall use, consistent with applicable engineering standards and economic feasibility:
(1)	Composted yard waste in highway beautification and maintenance projects;
(2)	Demolition debris in roadbed stabilization and construction projects; and
(3)	Scrap tires in highway construction applications.
(g)	The Department of Public Instruction, with the assistance of the Department and The University of North Carolina, shall develop, distribute, and encourage the use of guidelines for the collection of recyclable materials and for solid waste reduction in the State system of education.  At a minimum, the guidelines shall address solid waste generated in administrative offices, classrooms, dormitories, and cafeterias.  The guidelines shall be developed by 1 January 1991.
(h)	In order to orient students and their families to the recycling of waste and to encourage the participation of schools, communities, and families in recycling programs, the school board of each school district in the State shall make available an awareness program in the recycling of waste materials.  The program shall be provided at both the elementary and secondary levels of education.
(i)	The Department of Public Instruction is directed to develop, from funds appropriated for environmental education, curriculum materials and resource guides for a recycling awareness program for instruction at the elementary, middle, and high school levels."
Sec. 2.  This act becomes effective July 1, 1991.