Attachment E Applicable Maryland Statutes and Regulations Jan Supplies.docx

Limitations on Hazardous Substances (Environment Article §6–1201:§6–1204) A person may not manufacture, process, sell, or distribute in the State a new product or flame- retardant part of a new product that contains more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether) or octaBDE (octabrominated diphenyl) by mass.

A person may not manufacture, lease, sell, or distribute for sale or lease in the State electrical or electronic equipment that contain more than one–tenth of 1% of decaBDE (decabrominated diphenyl ether) by mass.

Mercury and Products that Contain Mercury (COMAR: 21.11.07.07) “All procurement agencies shall give a preference under this regulation to procuring products and equipment that are mercury-free. If mercury-free products and equipment that meet the agency's product performance requirements are not commercially available, the procurement agency shall give preference under this regulation to products containing the least amount of mercury necessary to meet performance requirements.”

Limitations and Prohibitions on Heavy Metals in Packaging (Environment Article §9–1901:§9– 1907) “Except as provided in § 9-1903 and § 9-1904 of this subtitle, on or after July 1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional purposes any package or packaging component or any product in a package or packaging component to which any of the following was intentionally added during manufacture or distribution:

(1) Lead;

(2) Cadmium;

(3) Mercury; or

(4) Hexavalent chromium.

The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium incidentally present in a package or packaging component may not exceed: ...By July 1, 1995, 100 parts per million by weight or 0.01%.”

The Contractor must comply with the limitations on idling as set forth in Transportation Article §22-402.

Idling Law (Transportation Article §22-402) “A motor vehicle engine may not be allowed to operate for more than 5 consecutive minutes when the vehicle is not in motion, except as follows:

(i) When a vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;

(ii) When it is necessary to operate heating and cooling or auxiliary equipment installed on the vehicle;

(iii) To bring the vehicle to the manufacturer's recommended operating temperature; or (iv) When it is necessary to accomplish the intended use of the vehicle.

The Contractor must provide, clearly label, and promote the purchase of highly energy-efficient (including ENERGY STAR-certified or EPEAT-Registered Silver or Gold) products.

1. Energy Savings Goals for State Government (Executive Order 01.01.2019.08, Effective date: June 25, 2019) “All units of State government shall, in support of their core missions, implement projects and initiatives to conserve energy and reduce consumption,” recognizing that “[r]educing energy use in State government produces positive environmental, fiscal and health benefits for all Marylanders, and aids compliance with the state Greenhouse Gas Reduction Act of 2016.

If requested products are not eligible for ENERGY STAR certification or EPEAT registration, the Contractor must only provide products that are in the top 25% in energy efficiency or have earned one or more of the following certifications.

o Compliant with California Title 20 Appliance Efficiency Standards.Title 20 is the State of California’s Appliance Energy Efficiency Regulations, which are minimum energy-efficiency standards that apply to a wide array of appliances such as:

· Air Conditioners

· Dehumidifiers

· Fans

· Heat Pumps and Other Heating Products

· Lighting Equipment

· Motors

· Plumbing Products

· Refrigeration Products

· Water Heaters Title 20-compliant appliances are listed in the California Energy Commission’s Modernized Appliance Efficiency Database System (MAEDbS).

o NEMAPremiumEfficiency,whichisacertificationprogramforelectricmotorsestablishedby the Motor and Generator Section of the National Electrical Materials Association (NEMA) “to assist purchasers to optimize motor systems efficiency, reduce electrical power consumption and costs, and improve system reliability.”

o WaterSense,whichisaUSEPA-sponsoredprogramthatlabelswater-efficientproductssuchas faucets, irrigation equipment, kitchen pre-spray valves, shower heads, and toilets. WaterSense standards and certified products are listed on the WaterSense Program’s website at www.epa.gov/watersense. The WaterSense program maintains a list of certified WaterSense- certified irrigation professionals.

Requirements for Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, General Purpose Degreasers, Bathroom and Tile Cleaners, Construction Panel and Floor Covering Adhesives, Electronic Cleaner Labeled “Energized Electronic Equipment Use Only”, General Purpose Cleaners, and Oven or Grill Cleaners (COMAR 26.11.32.08) “A person may not sell, supply, offer for sale, or manufacture for use in the State any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser that contains any of the following compounds:

(1) Methylene chloride;

(2) Perchloroethylene; or

(3) Trichloroethylene”

Standards for Plastic Ware (Environment Article §9-2102) “Except as provided in subsection (c) of this section, on or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as biodegradable, degradable, decomposable, or with any other term to imply that the product will break down, fragment, biodegrade, or decompose in a landfill or any other environment.

(b) On or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as compostable or home compostable unless the plastic product meets the following standards:

(1) For a plastic product labeled as compostable, the plastic product shall meet:

(i) 1. The ASTM D6400 standard specification; or 2. The ASTM D6868 standard specification;

and

(ii) Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.

(2) For a plastic product labeled as home compostable, the plastic product shall meet: (i) The OK Compost Home certification standard adopted by Vincotte;

and

(ii) Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.

(c) On or after October 1, 2018, a person may not sell in the State a film plastic product labeled as soil degradable ag mulch film or biodegradable mulch film unless the product:

(1) (i) Meets the OK Biodegradable Soil certification standard adopted by Vincotte; or

(ii) At ambient temperatures and in soil, shows at least 90% biodegradation absolute or relative to microcrystalline cellulose in less than 2 years’ - 963 - time, tested according to the ISO 17556 standard test method or ASTM D5988 standard test method;

and

(2) Fulfills the plant growth and regulated metals requirement sunder section 6.4 of the ASTM D6400 standard specification.”

Labeling Standards for Compostable Plastic Bags (Environment Article §9-2103) “Subject to § 9–2102(b) of this subtitle and subsection (b) of this section, on and after October 1, 2018, a person that distributes or sells a compostable plastic bag intended for sale or distribution by a retailer in the State shall ensure that the compostable plastic bag is:

(1) Labeled in a manner that is readily and easily identifiable from other plastic bags;

(2) Labeled in a manner that is consistent with the federal Guides for the Use of Environmental Marketing Claims;

(3) Labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification; and

(4) (i) A uniform color of green and labeled with the word “COMPOSTABLE” in at least a 1 inch font on one side of the bag;

(ii) Labeled in green writing with the word “COMPOSTABLE” in at least a 1 inch font on both sides of the bag; or

(iii) Labeled with the word “COMPOSTABLE” in at least a one–half inch font on both sides of the bag within a green color band that:

1. Contrasts with the compostable bag’s background color; and 2. Is at least 1 inch in height.

(b) If a compostable plastic bag is smaller than 14 inches by 14 inches, the compostable bag may be labeled in a manner that is in proportion to the size of the bag.

(c) A compostable plastic bag sold or distributed in the State may not be labeled as recyclable.

(d) A provision of this section has effect only to the extent that the provision does not conflict with the federal Guides for the Use of Environmental Marketing Claims.”