In this section the following words have the meanings indicated. “Preference” includes: a percentage preference; an employee residency requirement; or any other provision that favors a resident over a nonresident. “Resident bidder” means a bidder whose principal office is located in the State. “Resident offeror” means an offeror whose principal office is located in the State. Subject to subparagraph (ii) of this paragraph, “services” has the meaning stated in § 11–101 of this article. Notwithstanding § 11–101 of this article, “services” includes construction related services and energy performance contract services. When a unit uses competitive sealed bidding to award a procurement contract, the unit may give a preference to the resident bidder who submits the lowest responsive bid from a resident bidder if: the resident bidder is a responsible bidder; a responsible bidder whose principal office or operation is in another state submits the lowest responsive bid; the state in which the nonresident bidder’s principal office is located or the state in which the nonresident bidder has its principal operation through which it would provide supplies or services gives a preference to its residents; and a preference does not conflict with a federal law or grant affecting the procurement contract. When a unit uses competitive sealed proposals to award a procurement contract, the unit may give a preference to resident offerors if: a responsible offeror whose principal office or operation is in another state submits a proposal; the state in which the nonresident offeror’s principal office is located or the state in which the nonresident offeror has its principal operation through which it would provide the subject of the contract gives a preference to its residents; and the preference does not conflict with a federal law or grant affecting the procurement contract. At the request of the unit, a nonresident bidder or nonresident offeror submitting a proposal for a State project shall provide a copy of the current statute, resolution, policy, procedure, or executive order that pertains to the treatment of nonresident bidders or nonresident offerors by: the state in which the nonresident bidder’s or nonresident offeror’s principal office is located; and the state in which the nonresident bidder or nonresident offeror has its principal operation through which it would provide supplies or services. A unit may give a preference under this section that is identical to any of the following preferences, or any combination of them: the preference that the state in which the nonresident bidder’s or nonresident offeror’s principal office is located gives to its residents; or the preference that the state in which the nonresident bidder or nonresident offeror has its principal operation through which it would provide supplies or services gives to its residents.

In this section the following words have the meanings indicated. “Nonresident firm” means a business entity that: has one office that: is a principal office for the entity; and is not located in the State; or for an entity that has offices in multiple states, has not had a principal office located in the State for at least 6 months immediately before the date of a request for proposals. “Preference” includes: a percentage preference; an employee residency requirement; or any other provision that favors an offeror from one state to the disadvantage of an offeror from another state. “Principal office” means a primary place of business that is staffed on a regular basis to provide the services that are requested by a unit in a request for proposals. “Principal office” does not include a satellite office or an office that is minimally staffed and is not open on a regular basis to provide the services that are requested by a unit in a request for proposals. “Request for proposals” means a request for architectural services or engineering services that is issued in accordance with § 13–112 of this article. “Resident firm” means a business entity that: is licensed or otherwise authorized to provide architectural or engineering services in the State; and for an entity that has one office, the office is located in the State; or for an entity that has offices in multiple states, has had a principal office located in the State for at least 6 months immediately before the date of a request for proposals. “Resident firm” includes a joint venture that: was entered into before the date of the request for proposals for which the joint venture submits a proposal; and includes one party that: holds at least a 51% interest in the joint venture; and meets the requirements under subparagraph (i) of this paragraph. Subject to subsection (d) of this section, a unit shall apply a preference to a proposal from a resident firm if: a nonresident firm is: a responsible offeror; and determined to be the most qualified person to submit a proposal in accordance with § 13–112 of this article; and the state in which the principal office of the nonresident firm is located has a preference that favors an offeror from that state to the disadvantage of an offeror from this State; a resident firm: is a responsible offeror; and at the same time that it submits the proposal for which the preference would apply, certifies that it meets the requirements for a resident firm; and the preference: is the same as the preference referenced in item (1)(ii) of this subsection; and does not conflict with a federal law or grant affecting the procurement contract. At the request of a unit, a nonresident firm shall provide the following documentation for the state in which the principal office of the nonresident firm is located: a copy of the current statute, resolution, policy, procedure, or executive order that establishes a preference that favors an offeror from that state to the disadvantage of an offeror from this State; or a certification that the other state does not have a preference that favors an offeror from that state to the disadvantage of an offeror from this State. If a resident firm qualifies for a preference established under this section and for another preference established under this Division II, the unit: may not apply more than one preference to the proposal from the resident firm; and shall apply the preference to the proposal from the resident firm that is most advantageous to the resident firm. If, when making a determination of qualification under § 13–112 of this article, a unit determines that a proposal from a resident firm and a proposal from a nonresident firm are equally qualified, the unit may apply a preference to the proposal from the resident firm. A unit may not apply a preference to a proposal submitted by a resident firm if the resident firm does not submit the certification required under subsection (b)(2)(ii) of this section at the same time that it submits the proposal. The Board shall: post and maintain a list of all states with a preference that favors an offeror from that state to the disadvantage of an offeror from this State; and adopt regulations to implement this section.

In this section, “recycled paper” means a paper product at least 80% of the total weight of which consists of the product of a manufacturing process that: has converted a raw material into a valuable commodity; and includes a total gross content of post consumer waste of at least 80%. To the extent practicable, in procuring paper or paper products under Title 4, Subtitle 3, Part II of this article, the Secretary of General Services shall buy or approve for purchase only supplies that are produced from recycled paper. Of the total volume of paper that the Secretary of General Services buys, at least 90% shall be recycled paper. If recycled paper that meets the definition set forth in subsection (a) of this section is unavailable, then for purposes of complying with the requirements of this section, the Department of General Services may purchase recycled paper products that at a minimum conform to the definitions set forth in the Environmental Protection Agency guideline for federal procurement of paper and paper products containing recovered materials (40 C.F.R., Part 247).

To the extent practicable, each unit of the State government shall buy or lease for use by the State government supplies that are the quietest available supplies. Supplies that are certified as low-noise-emission products under the federal Noise Control Act of 1972 are considered to meet the requirement of subsection (a) of this section.

In this section, “coal products” includes coal in both its synthetic and conventional forms. This section does not apply to a building or facility for which: the Department of the Environment determines that the use of coal products violates a provision of the Environment Article or a regulation that the Department adopts under that article; or the Department of General Services or another appropriate unit determines that the use of coal products would not be cost effective. The design of a heating system in a building or facility constructed after July 1, 1986 may not preclude the use of Maryland coal if: the State provides at least 50% of the money used for construction of the building or facility; and a determination is made that coal products will be used to fuel the heating system.

In this section the following words have the meanings indicated. “Environmentally preferable product or service” means a product or service that throughout the full life cycle of the product or service: is energy efficient, water efficient, biobased, nonozone depleting, made with recycled content, or nontoxic; or has other attributes recognized as environmentally preferable by the Maryland Green Purchasing Committee. To encourage the maximum purchase of environmentally preferable products and services, the Maryland Green Purchasing Committee established under § 14–410 of this subtitle shall establish environmentally preferable specifications to be adopted by State agencies. The environmentally preferable specifications shall be published and maintained online by the Maryland Green Purchasing Committee for use by State agencies. Each State unit shall review annually the procurement specifications currently used by the unit and, to the extent practicable: adopt the environmentally preferable specifications published by the Maryland Green Purchasing Committee; and revise the unit’s procurement specifications in accordance with § 14–410 of this subtitle. On or before October 1 of each year, each unit shall report to the Department of General Services on the unit’s procurement of environmentally preferable products and services as a percentage of the unit’s gross purchases during the preceding fiscal year, including the types and quantities of products and services procured. Except as provided in paragraph (2) of this subsection, this section is broadly applicable to all procurements by the State if the quality of the product or service is consistent with the requirements of the bid specifications. Only to the extent necessary to prevent the denial of federal money or eliminate the inconsistency with federal law, this section does not apply to a procurement by the State if the procurement officer determines that compliance with this section would: cause denial of federal money; or be inconsistent with the requirements of federal law.

In this section, “preference” includes: a percentage price preference; and any other provision that favors products or equipment that are mercury free or that contain the least amount of mercury necessary to meet product or equipment performance standards over other products. Beginning October 1, 2003, all State agencies shall give preference to products and equipment that are mercury free or contain the least amount of mercury necessary to meet product or equipment performance standards. This section does not apply to a contract or procurement agreement in effect on October 1, 2001. The Board may adopt regulations to implement this section.

In this section the following words have the meanings indicated. “Locally grown food” means food grown at a certified local farm defined in § 14–701 of this title. “Percentage price preference” means the percent by which a responsive bid from a responsible bidder whose product is a locally grown food may exceed the lowest responsive bid submitted by a responsible bidder whose product is not a locally grown food. The Board shall adopt regulations that require State schools and facilities to establish a percentage price preference, not to exceed 10%, for the purchase of locally grown food. Notwithstanding paragraph (1) of this subsection, the Board shall adopt regulations authorizing State schools and facilities to conduct an individual procurement that is limited to responses from certified local farms as defined in § 14–701 of this title. A percentage price preference under this section may not be used in conjunction with any other percentage price preference established under this title. Each State school and facility shall review the procurement specifications currently used and, to the extent practicable, require the use of a percentage price preference in their purchase of locally grown food. Except as provided in paragraph (2) of this subsection, this section is broadly applicable to all procurements by State schools and facilities if the locally grown food is consistent with the requirements of the bid specification. Only to the extent necessary to prevent the denial of federal money or eliminate the inconsistency with federal law, this section does not apply to a procurement by a State school or facility if it is determined that compliance with this section would: cause denial of federal money; or be inconsistent with the requirements of federal law.

In this section, “biodiesel fuel” means: a fuel, comprised of mono–alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, that is designated B100 and meets the requirements of ASTM D 6751 and its successors; or a blend of biodiesel fuel meeting ASTM D 6751 with petroleum–based diesel fuel, designated as BXX, where XX represents the volume percentage of biodiesel fuel in the blend. In fiscal year 2008 and in each subsequent fiscal year, the State shall ensure that at least 50% of the vehicles using diesel fuel in the State vehicle fleet use a blend of fuel that is at least 5% biodiesel fuel or other biofuel approved by the U.S. Environmental Protection Agency as a fuel or fuel additive or approved under the EPA Renewable Fuels Standard 2 program. In fiscal year 2009 and in each subsequent fiscal year, the State shall ensure that at least 50% of the heavy equipment owned by the State using diesel fuel and at least 50% of the heating equipment in State buildings that uses normal or #2 heating oil use, subject to availability, a blend of fuel that is at least 5% biodiesel fuel or other biofuel approved by the U.S. Environmental Protection Agency as a fuel or fuel additive or approved under the EPA Renewable Fuels Standard 2 program. This section does not apply to any State vehicle, piece of heavy equipment, or heating equipment for which mechanical failure due to use of biodiesel fuel or other biofuel will void the manufacturer’s warranty for that vehicle, piece of heavy equipment, or heating equipment.

In this section, “aggregate” means gravel, crushed stone, sand, and other similar materials. A State or local unit responsible for the maintenance of public lands in the State, to the maximum extent practicable, shall give consideration and preference to the use of compost in any land maintenance activity that is to be paid for with public funds. It is the goal of the Department of General Services to: compost, to the extent practicable, all landscape waste on State property that is under its operation for use as fertilizer in landscaping activities; and increase the percentage of landscaped area fertilized by compost each year. In purchasing compost, mulch, or other soil amendments or aggregate, each unit of State government shall include in its procurement specifications the specifications published by the Maryland Green Purchasing Committee for compost, mulch, or other soil amendments or aggregate under paragraph (3) of this subsection. The requirements of paragraph (1) of this subsection apply if: the products are competitively priced; the quality of the products is satisfactory for the intended purposes; and the products are readily available. The Maryland Green Purchasing Committee, established under § 14–410 of this subtitle, shall establish specifications for purchasing of compost, mulch, or other soil amendments or aggregate produced from municipal solid waste, food waste, dredged material, construction waste, yard waste, clean wood waste, or other recycled or organic materials. The specifications established under subparagraph (i) of this paragraph shall be published and maintained online by the Maryland Green Purchasing Committee for use by State agencies.

In this section the following words have the meanings indicated. “Committee” means the Maryland Green Purchasing Committee. “Environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose, based on: the full life cycle of the product or service; relevant international consensus standards; and relevant factors including the raw materials, manufacturing, packaging, distribution, use, reuse, operation, maintenance, recycling, energy recovery, climate change, fossil fuel, ozone depletion, and disposal of the goods or services. There is a Maryland Green Purchasing Committee. The Committee shall consist of the following members: the Secretary of General Services, or the Secretary’s designee; the Secretary of Budget and Management, or the Secretary’s designee; the Secretary of Natural Resources, or the Secretary’s designee; the Secretary of the Environment, or the Secretary’s designee; the Secretary of Health, or the Secretary’s designee; the Secretary of Transportation, or the Secretary’s designee; the Secretary of Public Safety and Correctional Services, or the Secretary’s designee; the Chancellor of the University System of Maryland, or the Chancellor’s designee; the Secretary of Information Technology, or the Secretary’s designee; the Secretary of Education, or the Secretary’s designee; and the State Treasurer, or the Treasurer’s designee. The Secretary of General Services, or the Secretary’s designee, shall serve as the Chair of the Committee. Staff support to the Committee shall be provided by the Department of General Services, with assistance as necessary to be furnished by other member agencies. The Committee shall provide the State with information and assistance regarding environmentally preferable purchasing, including: the promotion of environmentally preferable purchasing through education and training; the development and implementation of statewide policies, guidelines, programs, best practices, and regulations; coordination with other State or federal agencies, task forces, workgroups, regulatory efforts, research and data collection efforts, or other programs and services relating to environmentally preferable purchasing; the publication of environmentally preferable specifications to be adopted by State agencies; and the framework and format for State unit reports required under § 14–405 of this subtitle. The Committee shall designate a single point of contact for State agencies, suppliers, and other interested parties to contact regarding environmentally preferable purchasing issues. On or before December 31 of each year, the Committee shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the Committee’s activities and the progress made as a result of the implementation of this section. This section may not be construed to: limit or supersede recycled content requirements under any other provision of law; or require the acquisition of goods or services that: do not perform adequately for the intended use; exclude adequate competition; or are not available at a reasonable price in a reasonable period of time. A bidder or offeror for a procurement contract shall certify in writing that any claims of environmental attributes made relating to a product or service are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms.

In this section, “public employer” means: a unit; a county; a municipality in the State; a school district in the State; or any special district in the State. Except as provided in paragraph (2) of this section, a public employer may not knowingly buy, furnish, or require an employee to buy or acquire for use while on duty any of the following items unless the item is manufactured in the United States: a uniform or any other item of apparel, the selection of which is not in the employee’s discretion, except for the proper size; or safety equipment and protective accessories. A public employer may buy, furnish, or require an employee to purchase or acquire an item listed in paragraph (1) of this subsection that is manufactured outside of the United States, if: the item or a similar item is not manufactured or available for purchase in the United States; the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities; the price of the item or a similar item manufactured in the United States exceeds the price of a similar, available item that is not manufactured in the United States by an unreasonable amount; or the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States. The Board shall adopt regulations defining the following terms for the purposes of this section: “reasonably available”; “unreasonable amount”; and “substantially less”.

In this section the following words have the meanings indicated. “Lamp” means the component of a luminaire that produces the light. “Lumen” means a unit of measurement of luminous flux. “Luminaire” means the complete lighting unit, including the lamp or other component that produces light and the assembly that holds the lamp, including an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens. “Restricted uplight luminaire” means a luminaire that: except for a 0.5% maximum incidental uplight from reflection off mounting hardware, allows no direct light emission above a horizontal plane through the luminaire’s lowest light–emitting part; and emits no more than 10% of the total direct light emission at or above a vertical angle of 80 degrees. “State building” means a building owned or leased by the State or a unit of the State. This section does not apply to a luminaire: located on the grounds of a correctional facility; required by federal regulation; required for storm operation activities performed by the Department of Transportation; required to illuminate the State flag or the flag of the United States; used for sign illumination; in a lighting plan where less than 25% of the luminaires are to be replaced; or used to illuminate the field of play at a sports facility. State funds may not be used to install or replace a permanent outdoor luminaire for lighting on the grounds of any State building, facility, park, or trail unless: the luminaire is designed to maximize energy conservation and to minimize light pollution, glare, and light trespass; except for a luminaire installed or replaced by the Department of Transportation, the luminaire has a correlated light temperature that is less than or equal to 3,000 kelvins; the illumination produced by the luminaire is the minimum illumination necessary for the intended purpose of the lighting; and for a luminaire with an output of more than 1,800 lumens, the luminaire is a restricted uplight luminaire. The Board of Public Works or the Board’s designee may waive the requirements of subsection (c)(2) or (4) of this section if, after a request for a waiver has been made, the Board of Public Works or the Board’s designee determines that the waiver is necessary for the lighting application. The Board of Public Works shall establish the requirements for a waiver request under paragraph (1) of this subsection, including: a description of the lighting plan; a description of the efforts made to comply with the requirements of this section; and the reason a waiver is necessary. In reviewing a waiver request, the Board of Public Works or the Board’s designee shall consider design safety, costs, and any other factors the Board or the Board’s designee determines are appropriate.

In this section the following words have the meanings indicated. “Conflict mineral” means a mineral or mineral derivative determined under federal law to be financing human conflict. “Conflict mineral” includes columbite–tantalite (coltan), cassiterite, gold, wolframrite, or derivatives of these minerals. “Noncompliant person” means a person: that is required to disclose under federal law information relating to conflict minerals that originated in the Democratic Republic of the Congo or its neighboring countries; and for which the disclosure is not filed, is considered under federal law to be an unreliable determination, or contains false information. A unit may not knowingly procure supplies or services from a noncompliant person. In any solicitation for supplies or services, a unit shall provide notice of the requirements of this section.

In this section the following words have the meanings indicated. “Electronic product” means a product covered by EPEAT or another comprehensive environmental rating system approved by the Department of Information Technology. “EPEAT” means the Electronic Product Environmental Assessment Tool. When purchasing an electronic product to be used by the State, a State unit shall purchase an electronic product that: is listed and rated silver or gold on the EPEAT registry; or meets nationally recognized and consensus–based standards established by a comprehensive environmental rating system approved by the Department of Information Technology. If a unit requests a waiver from the requirement in subsection (b) of this section, the Secretary of Information Technology, or the Secretary’s designee, may waive the requirement.

In this section the following words have the meanings indicated. “Certified e–Stewards recycler” means a recycler of electronic products that has successfully completed the e–Stewards certification program created by the Basel Action Network. “Electronic product” means a product recycled by: a certified e–Stewards recycler; a R2 certified recycler; or a recycler of electronic products that meets nationally recognized and consensus–based guidelines, standards, and systems for recycling that are approved by the Department of the Environment in consultation with the Department of General Services. “R2 certified recycler” means a recycler of electronic products that is certified in the R2 Practices Standards that are maintained by R2 Solutions. On or after October 1, 2014, when awarding a procurement contract for services to recycle electronic products, a State unit shall award the contract to a recycler of electronic products that: is R2 or e–Stewards certified; or meets nationally recognized and consensus–based guidelines, standards, and systems for recycling that are approved by the Department of the Environment in consultation with the Department of General Services.

In this section the following words have the meanings indicated. “American manufactured goods” means goods that: are manufactured in the United States; or are assembled in the United States. “Emergency life safety and property safety goods” means any goods when provided for installation in, as part of, or as an addition to a system designed to: prevent, respond to, alert regarding, suppress, control, or extinguish an emergency or the cause of an emergency that threatens life or property; or assist in evacuation in the event of an emergency that threatens life or property. “Emergency life safety and property safety goods” includes: systems or items for or relating to: fire alarms; fire sprinklers; fire suppression; fire extinguishing; security; gas detection; intrusion detection; access control; video surveillance and recording; mass notification; public address; emergency lighting; patient wandering; infant tagging; and nurse call; and information technologies and telecommunications products and technologies that are used for the purposes listed in subparagraph (i) of this paragraph. “Public body” means: a unit; a county; a municipality in the State; a school district in the State; or a special district in the State. Except as provided in subsection (c) of this section, a public body shall require a contractor or subcontractor to use or supply American manufactured goods in the performance of a contract for: constructing or maintaining a public work; or buying or manufacturing machinery or equipment that is to be installed at a public work site. This section does not apply: if the head of a public body determines that: the price of the American manufactured goods exceeds the price of a similar manufactured good that is not manufactured in the United States by an unreasonable amount; the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities; the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States; or the procurement of a manufactured good would be inconsistent with the public interest; or to emergency life safety and property safety goods. The Board of Public Works shall adopt regulations to define the following terms for the purposes of this section: “reasonably available”; “unreasonable amount”; and “substantially less”.

Except as provided in paragraph (2) of this subsection, on or after July 1, 2022, State funds may not be used to purchase or plant an invasive plant species for an outdoor project. The prohibition under paragraph (1) of this subsection does not apply if the plant species is commonly used for agricultural or horticultural purposes and is being maintained for the purposes of education or research. Each entity that receives State funding and each State agency shall prioritize, whenever possible, the use of plants native to the State for every planting project.

In this section the following words have the meanings indicated. “Hybrid vehicle” means an automobile that can draw propulsion energy from both of the following sources of stored energy: gasoline or diesel fuel; and a rechargeable energy storage system. “Light–duty vehicle” means a vehicle with a gross weight of 8,500 pounds or less. “Passenger car” has the meaning stated in § 11–144.2 of the Transportation Article. “Zero–emission vehicle” has the meaning stated in § 23–206.4 of the Transportation Article. It is the intent of the General Assembly that 100% of: passenger cars in the State vehicle fleet be zero–emission vehicles by 2031; and other light–duty vehicles in the State vehicle fleet be zero–emission vehicles by 2036. This section does not apply to the purchase of vehicles: that have special performance requirements necessary for the protection and welfare of the public; or by the Department of Transportation or the Maryland Transit Administration that will be used to provide paratransit service. The State shall ensure that: in fiscal years 2023 through 2025, inclusive, at least 25% of passenger cars purchased for the State vehicle fleet are zero–emission vehicles; in fiscal years 2026 and 2027, at least 50% of passenger cars purchased for the State vehicle fleet are zero–emission vehicles; beginning in fiscal year 2028, 100% of passenger cars purchased for the State vehicle fleet are zero–emission vehicles; and beginning in fiscal year 2024, any passenger car purchased for the State vehicle fleet that is not a zero–emission vehicle is a hybrid vehicle; and in fiscal years 2028 through 2030, inclusive, at least 25% of all other light–duty vehicles purchased for the State vehicle fleet are zero–emission vehicles; in fiscal years 2031 and 2032, at least 50% of all other light–duty vehicles purchased for the State vehicle fleet are zero–emission vehicles; and beginning in fiscal year 2033, 100% of all other light–duty vehicles purchased for the State vehicle fleet are zero–emission vehicles. The Department of General Services shall ensure the development of charging infrastructure to support the operation of zero–emission vehicles in the State vehicle fleet. On or before December 1 each year, the Chief Procurement Officer shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, an annual report that includes, for the immediately preceding fiscal year: the total number of passenger cars and other light–duty vehicles purchased by each unit; the number of zero–emission passenger cars and other light–duty vehicles purchased by each unit; the current percentage of passenger cars and other light–duty vehicles in the State vehicle fleet that are zero–emission vehicles; any operational savings associated with the purchase and operation of zero–emission vehicles; and an evaluation of the charging infrastructure that exists to support the operation of zero–emission vehicles in the State vehicle fleet. Each unit shall cooperate with the Chief Procurement Officer in the collection and reporting of the information required under this subsection.