njsba policy services	file code:3320.1

Sample Discretionary Policy

*Sample discretionary policies are not required for compliance with law or state monitoring (NJQSAC). Discretionary policies adopted by the board should reflect actual district programs and practices.

Sample discretionary policies compiled and distributed by NJSBA are a compilation of research and are not model district policies or suggested best practices. This sample policy should be edited to reflect your actual programs and practices. 

Adopted board policy is binding in a court of law.  Therefore, adopting any policy that does not reflect your actual program or practice can create a liability to the district if challenged.

All newly developed policies and all policy revisions should be reviewed by your board attorney prior to board adoption.     

ENVIRONMENTALLY PREFERABLE PURCHASING (GREEN PURCHASING POLICY)

The board is committed to educating students to be conscientious stewards their environment.  To reinforce this commitment within the school culture the board shall endeavor to:

A.	Institute practices that reduce waste by increasing product efficiency and effectiveness, and

B.	Purchase products that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety to the greatest extent practicable, and

C.	Purchase products that include recycled content, are durable and long-lasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, are lead-free and mercury-free, and use wood from sustainably harvested forests (FSC) when and where possible.

Purchasing Objectives

The board shall within the constraints of the district budget and when cost comparative, financially support facility improvements and purchase products or services that:

A.	Conserve natural resources;

B.	Minimize environmental impacts such as pollution and the use of water and energy;

C.	Eliminate or reduce toxics that create hazards to workers and our community;

D.	Support strong recycling markets;

E.	Reduce materials that are routinely land filled or disposed of;

F.	Increase the use and availability of environmentally preferable products that protect the environment;

G.	Identify environmentally preferable products and associated distribution systems;

H.	Contract with manufacturers and vendors whose practices reduce the environmental impacts of their production and distribution systems or services;

I.	Collect and maintain up-to-date information regarding manufacturers, vendors and other sources for locating/ordering environmentally preferable products;

Through consistent and successful application of environmentally responsible purchasing practices, the board shall strive to become a model that encourages other purchasers in the community to adopt similar goals.

Research and Evaluation of Purchasing Options

The school business administrator or his or her designee in consultation with the members of the Green Team, shall research, evaluate, and implement environmentally responsible purchasing objectives. The Green Team may be composed of representatives from school staff, school administrators, parents/guardians, school medical personnel, local municipal officials, state departments/divisions, commissions/committees and community organizations The Green Team shall be responsible for the research and evaluation of environmentally responsible purchasing options and make recommendations to the business administrator and the superintendent for board approval.  The evaluation and research into purchasing options may include the following:

A.	Recycled content products (e.g. paper products, playground/recreation equipment, toner/printer cartridges, motor oils and lubricants, furniture, carpets and flooring materials, matting, plastic/composite lumber/building materials, trash bags, parking stops, ceiling tiles, etc.);

B.	Less harmful and non–toxic materials and processes (e.g. janitorial/cleaning products, pest management chemicals, phosphates, paint, solvents, fuels and lubricants, etc.); 

C.	Energy and water efficient products and processes (e.g. solar applications, energy efficient lighting, energy star appliances, water saving devices, vehicles and motorized equipment, etc.);

D.	Natural resource and landscaping management (e.g. integrated pest and vegetation management, drought tolerant/indigence plants and shrubs, recycled mulches and natural composts, etc.);  

E.	Renewable products (e.g. FSC certified forests products, renewable energy resources, etc.);

F.	Disposal and pollution reduction (e.g. integrated waste management, duplex copies, retread tires, reusable holiday trees, recycling programs for used ceiling tiles and flooring materials, etc.);
 
G.	Packaging (e.g. bulk packaging, reusable boxes, recycled packing materials, shipping pallets, etc.);

H.	Green building program (e.g. using recycled products in the construction and renovation, disposal of building materials in an environmentally sensitive manner, designing and renovating for energy and resource conservation) 

Board Approval of Purchasing Options

The business administrator and his or her designees shall evaluate the recommendations of the Green Team for presentation to the superintendent.  The superintendent shall present the recommendations to the board for approval. In determining which products and services to recommend to the board, the superintendent and the business administrator in consultation with the district Green Team and other appropriately trained and qualified personnel shall compare costs of materials or services with consideration to the future financial, health and safety benefits that may be accrued through the use of the materials or services recommended. 

The business administrator in consultation with the superintendent shall recommend and the board shall approve only those options that are within the means of the district budget and do not incur undue expenses or otherwise impose on district staff or other resources.

Options that may be considered for board approval include:

A.	Source Reduction Options 

The superintendent may recommend source reduction options that may include:

1.	Practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or overall workplace quality. 
2.	The purchase of remanufactured products such as toner/printer cartridges, retread tires, furniture, equipment and automotive parts whenever practicable, but without reducing safety, quality or effectiveness.
3.	The purchase of equipment that has high efficiency features, conserves energy or uses less fuel, has the effect of creating safer and healthier conditions in the school environment.
4.	Products with expected durability or longevity. This may include but is not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives.
5.	Products that are durable, long lasting, reusable or refillable shall be preferred whenever available and practicable.
6.	Contracts with vendors with a commitment to the elimination of excess packaging or to utilize the minimum amount necessary for product protection, to the greatest extent practicable.
7.	Products that have reusable, recyclable or compostable packaging.
8.	Contracts with vendors that recycle or reuse wooden pallets and other shipping and packaging materials.
9.	Purchases from suppliers of electronic equipment, including but not limited to computers, monitors, printers, fax machines and photocopiers, that take back the equipment for reuse or environmentally safe recycling when equipment is discarded or replaced.
10.	Contracts with suppliers of non-electronic equipment that require suppliers to take back equipment for reuse or environmentally safe recycling when discarded or replaced.
11.	The purchase electronics including computers, software, copiers that increase the districts paper reduction. 

B.	Recycled Content Product Options

The superintendent may recommend the purchase of products with recycled content or contracts with services that promote recycling of materials or use recycled products including:

1.	Products for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines in the Agency’s Comprehensive Procurement Guidelines, such as those for printing paper, photocopy paper, janitorial paper products, construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous and non-paper office products, shall contain the highest postconsumer content practicable to the application, but no less than the minimum recycled content standards established by the U.S. EPA Guidelines.
2.	Photocopiers and printers purchased or leased that are compatible with the use of recycled content and remanufactured products.
3.	Re-refined lubricating and industrial oil for use in its vehicles and other motorized equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment.
4.	Recycled, reusable or reground materials for asphalt, concrete, aggregate base or Portland Cement Concrete for road construction projects.
5.	Recycled content transportation products, including signs, traffic cones, parking stops, delineators, channelizers and barricades, which shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards established by the U.S. EPA Comprehensive Procurement Guidelines.
6.	Pre-printed recycled content papers that are produced and intended for distribution shall contain a statement that the paper is recycled content of a minimum of thirty (30%) percent recycled postconsumer content. Whenever feasible, the statement should indicate the percentage of postconsumer recycled content that the paper contains.

C.	Energy and Water Savings Options

The superintendent may recommend facility improvements and the purchase of products or services that promote energy efficiency and water conservation including:

1.	Energy-efficient equipment with the most up-to-date energy efficiency functions. This includes, but is not limited to, high efficiency space heating systems and high efficiency space cooling equipment.
2.	Replacing inefficient interior lighting with energy-efficient equipment and bulbs.
3.	Replacing inefficient exterior lighting, street lighting and traffic signal lights with energy-efficient equipment and bulbs. Exterior lighting shall be minimized when and where possible to avoid unnecessary lighting of architectural and landscape features while providing adequate illumination for safety and accessibility.
4.	U.S. EPA Energy Star certified products. When Energy Star labels are not available, energy-efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program may be considered.
5.	Water-saving/conservation products. This includes, but is not limited to, high-performance fixtures such as toilets, low-flow faucets and aerators, and upgraded landscape irrigation systems.

D.	Green Buildings and LEED IM Ratings

The board may consider building and renovation projects that follow Green Building Practices for design, construction, and operation, where appropriate and practicable, as described in the LEED IM Rating System. Architects and engineers contracted for building and renovation projects shall, whenever possible, be required to have LEED certified members on their staff assigned to the project.

E.	Landscaping and Hardscaping

The board may consider landscaping and hardscaping projects or contracts with service providers that:

1.	Employ sustainable landscape management techniques for design, construction and maintenance. These may include, but are not limited to, integrated pest management (IPM), grass recycling, drip irrigation, composting, and the procurement and use of mulch and compost that give preference to those products produced from regionally generated plant debris and/or food and sludge waste programs.
2.	Utilize plants that minimize waste and choose species that are appropriate to the microclimate, species that can grow to their natural size in the space allotted to them, and perennials rather than annuals for color variations. 
3.	Utilize native and drought-tolerant plants that require no or minimal watering once established.
4.	Create hardscapes and landscape structures constructed of recycled content materials shall be considered. The board will make a reasonable effort to limit the amount of impervious surfaces in the landscape, when and where practicable. Permeable substitutes, such as permeable asphalt or payers, are encouraged for walkways, patios and driveways.
		
F.	Toxics and Pollution Reducing Options

The board may consider facility improvements, purchasing products or entering into contract agreements with janitorial contractors that:

1.	Supply industrial and institutional cleaning products that meet and/or exceed the Green Seal Certification Standards for environmental preferability and performance.
2.	Supply vacuum cleaners that meet the requirements of the Carpet and Rug Institute “Green Label” Testing Program — Vacuum Cleaner Criteria, are capable of capturing 96% of particulates 0.3 microns in size, and operate with a sound level less than 7OdBA. Where possible and as applicable, other janitorial cleaning equipment shall be capable of capturing fine particulates, removing sufficient moisture so as to dry within twenty-four (24) hours, operate with a sound level less than 7OdBA, and use high-efficiency, low-emissions engines.
3.	Reduce the district’s use of or help the district phase out the use of chlorofluorocarbon, Halon and Freon containing refrigerants, solvents and other products
4.	Replace heating/ventilating/air conditioning, refrigeration, insulation and fire suppression systems that operate with chlorofluorocarbon, Halon and Freon and other toxic substance with healthier equipment options.
5.	Use of surfactants and detergents that are biodegradable and, where practicable, shall not contain phosphates.
6.	Use the least toxic pest control methods for compliance with the district’s integrated pest management plan (IPM).
7.	Use the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde or lead when practicable when purchasing materials such as paint, carpeting, flooring materials, adhesives, furniture, filing cabinetry, ceiling tiles, coving, moldings and casework.
8.	Enable the district to reduce or eliminate the use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to photocopier paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever and where possible and that possess a minimum of thirty (30%) percent recycled postconsumer waste content.
9.	Eliminate the use halogens, polyvinyl chloride (PVC), lead, phthalates and asbestos such as, but not limited to, office binders, chair/floor mats, casework, moldings, furniture, carpeting, flooring materials, ceiling tiles and medical supplies whenever and where practicable.
10.	Contain no lead or mercury whenever possible. For products that contain lead or mercury, preference shall be given to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs.
11.	Meet the standards of the Electronic Product Environmental Assessment Tool (EPEAT) environmental criteria designated as “required” as contained in the IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products, including desktop computers, notebooks and monitors.
12.	Offer less-polluting alternatives to diesel such as bio-based fuels, hybrids, electric batteries, and fuel cells, as may be available for the application, especially when replacing district owned vehicles.

G.	Forest Conservation and Purchasing Options

When possible, the board shall give preference to purchasing wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system. The certification system shall include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council (FSC) certification.	The board shall also give preference to purchasing products constructed from previously utilized and/or salvaged wood and wood products whenever practicable and where available shall be considered.

H.	Bio-Based Products

The board shall consider purchasing products or contract agreements that provide:

1.	Vehicle fuels made from non-wood, plant-based contents such as vegetable oils are encouraged whenever practicable and available.
2.	Paper and construction products made from non-wood, plant-based contents such as agricultural crops and residues are encouraged whenever practicable.
3.	Bio-based plastic products that are biodegradable and compostable, such as bags, film, food and beverage containers, and cutlery, are encouraged whenever practicable.
4.	Compostable plastic products purchased shall meet American Society for Testing and Materials (ASTM) standards as found in ASTM D6400-04. Biodegradable plastics used as coatings on paper and other compostable substrates shall meet ASTM D6868-03 standards.
5.	Proof of compliance with ASTM standards for compostable, biodegradable and degradable plastic products shall be provided by vendors of such products, upon request. One acceptable proof of compliance for compostable plastic products shall be the certification by the Biodegradable Products Institute (BPI).

Oversight and Evaluation

The business administrator, superintendent, the Green Team and other positions responsible for implementing this policy, shall periodically meet and evaluate the success of this policy’s implementation.

The Green Team shall oversee the implementation of the necessary changes in awareness, behaviors, practices and operating procedures associated with the purchased resources. To the extent possible, the Green Team will encourage a participative process as it researches, evaluates and implements the policy recommendations. The Green Team shall meet annually to monitor the use of the purchased products and/or services and evaluate the environmental gains and deficiencies of the products and services purchased.

Implementation 

The business administrator/purchasing agent and other responsible directors/managers shall implement this policy in coordination with other appropriate personnel.

As applicable, successful bidders shall certify in writing that the environmental attributes claimed in competitive bids are accurate. In compliance with New Jersey State Law, vendors shall be required to specify the minimum or actual percentage of recovered and postconsumer material in their products, even when such percentages are zero.

Upon request, the board shall provide the reasons for product choices that do not meet the environmentally preferable purchasing criteria in this policy.

Vendors, contractors and grantees shall be encouraged to comply with applicable sections of this policy for products and services provided to the board.

Any products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time shall not be considered for purchase.

The board shall purchase products and enter into service agreements or other contracts in strict accordance with policy and law for accountability in business practices.  Further the board shall not knowingly purchase any product or enter into any agreement that conflicts with board, state or federal requirements for the health and safety of the students and school community.

Adopted:

Key Words

Purchasing Procedures, Green Purchasing, Bio-Based, Conservations, Sustainable

Legal References:	N.J.S.A.  10:5-1 et seq.	Law Against Discrimination
			See particularly:
			N.J.S.A.  10:5‑31
     			through ‑35	
			N.J.S.A.  18A:18A‑1 et seq.	Public School Contracts Law
			N.J.S.A.  18A:19-1 et seq.	Expenditure of Funds; Audit and Payment of Claims
	N.J.S.A.  52:32-44	Business registration for providers of goods and services (definitions)
			N.J.A.C.  6A:7-1.8	Equity in employment and contract practices
			N.J.A.C.  6A:23A-1.2	Definitions
	N.J.A.C. 6A:23A-16.5  	Supplies and equipment
			N.J.A.C.  6A:23A-20.4 	Ownership and storage of textbooks
			N.J.A.C.  6A:23A-21.1et seq.	Management of Public School Contracts
			N.J.A.C.  6A:27-9.1et seq.	Contracting for Transportation Services	
			N.J.A.C.  6A:30-1.1et seq.	Evaluation of the Performance of School Districts

			20 U.S.C.A. 1681 et seq. - Title IX of the Education Amendments of 1972

			42 U.S.C.A. 2000e et seq. - Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunities Act of 1972

			29 U.S.C.A. 794 et seq. - Section 504 of the Rehabilitation Act of 1973

Possible
Cross References:	*2224	Nondiscrimination/affirmative action
			 3300	Expenditures/expending authority
			*3320	Purchasing procedures
			*3326	Payment for goods and services
			*3327	Relations with vendors
			*3570	District records and reports
			 3571	Financial reports

*Indicates policy is included in the Critical Policy Reference Manual.