§ 2–361.01. Green procurement.

(a) Except for emergency procurements, before entering into any contract in excess of $ 100,000, the District shall perform an analysis to determine the availability and competitiveness of EPPS, and shall issue an environmental certification to demonstrate, to the maximum extent practicable, the purchase of an EPPS.

(b)(1) An environmental certification shall be issued pursuant to subsection (a) of this section if:

(A) The statement of work includes a statement from DOEE confirming that the procurement includes EPPS to the maximum extent practicable; or

(B) The statement of work includes a statement from DOEE waiving the requirement that the procurement includes EPPS.

(2) DOEE may waive the requirement that the procurement includes EPPS if it is not practicable due to cost, availability, or other grounds.

(3) DOEE may exempt categories of procurements from the requirements of this section through publication on its website.

(c)(1) District government procurement staff shall ensure that EPPS requirements, including the environmental certification required by subsection (a) of this section, are accounted for in the contract package.

(2) District government procurement staff and agency program staff shall ensure that the contractor is fulfilling the EPPS requirements of the contract.

(3) EPPS requirements and implementation guidelines shall be incorporated into OCP trainings and training materials for procurement personnel, including the procurement training institute established pursuant to § 2-352.06.

(d) Within one year after December 24, 2013, and annually thereafter, OCP shall prepare and submit to the Council a report detailing the progress of this policy, including the following elements:

(1) Total contracting amount, and percentage of contracting amount, spent on EPPS;

(2) Successes and challenges to implementing the policy; and

(3) Changes to policies or standards.

(Apr. 8, 2011, D.C. Law 18-371, § 1101, 58 DCR 1185; July 29, 2021, D.C. Law 24-16, § 3, 68 DCR 006015.)

Cross References

As to applicability of §§ 2-352.06, 2-358.03, and 2-361.01, see § 2-362.03.

Applicability

Section 7213 of D.C. Law 24-45 provided that the amendments to this section by D.C. Law 24-16 shall apply as of January 1, 2023. Therefore the amendment of this section by Law 24-16 has been implemented as of January 1, 2023.

Applicability of D.C. Law 24-16: § 4 of D.C. Law 24-16 provided that the change made to this section by § 3 of D.C. Law 24-16 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7213 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) repeal of D.C. Law 18-371, § 1203, see § 7015 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) repeal of D.C. Law 18-371, § 1203, see § 7015 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.

Editor's Notes

Section 1203 of D.C. Law 18-371 provided that this section shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.

Section 7015 of D.C. Law 20-61 repealed D.C. Law 18-371, § 1203.