Sec. 1. When procuring disposable plastic products, including refuse bags, a state educational institution shall procure disposable plastic products that are degradable if:

(1) degradable products are available at the time of the procurement;

(2) it is economically feasible to procure degradable products;

(3) the procurement of degradable products is not inappropriate because of:

(A) federal regulations or policy in matters involving the federal government; or

(B) the special requirements of scientific uses;

(4) the degradable product to be procured is economically and functionally the equivalent of disposable plastic products that:

(A) meet applicable specifications; and

(B) are not degradable; and

(5) the degradable product to be procured is, in the determination of the state educational institution, a type of product for which the use of degradable materials is appropriate based upon:

(A) the functional use of the product; and

(B) whether the product will probably be recycled or disposed of in a final disposal facility.

[Pre-2007 Higher Education Recodification Citation: 20-12-68-6.]

As added by P.L.2-2007, SEC.278.