SB 2736: Procurement; Environmental Product Declaration; Climate Change Potential; State Construction Projects

A BILL FOR AN ACT

relating to procurement.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that, even when state buildings are designed to operate efficiently, building materials can carry significant greenhouse gas emissions associated with extraction, processing, manufacturing, transportation, installation, maintenance, and end-of-life treatment.  National and international analyses commonly attribute approximately one-tenth of annual global emissions to building materials and construction activities.

     The legislature further finds that the State's procurement practices can support transparency and better public decision-making by ensuring that standardized, comparable environmental information is disclosed for construction products used in state construction projects.  Environmental product declarations are standardized life cycle disclosures for construction products developed pursuant to internationally recognized standards including ISO 21930, established by the International Organization for Standardization.

     Accordingly, the purpose of this Act is to require the submission and retention of environmental product declarations for building materials used in state construction projects to enable the collection of consistent data.

     SECTION 2.  Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§103D-    Environmental product declaration; submission requirement for state construction projects.  (a)  The procurement practices of the State for state construction projects shall include a requirement for the submission of environmental product declarations for building materials incorporated into the project.

     (b)  The purchasing agency shall require, as part of the contract administration process for each state construction project, that the contractor submit to the purchasing agency environmental product declarations for the building materials incorporated into the project, including the climate change potential values reported in those declarations.

     (c)  The purchasing agency shall notify offerors and contractors of the information, procedures, and forms, if any, required to submit environmental product declarations required under this section.

     (d)  Environmental product declarations submitted pursuant to this section shall be collected and retained as procurement records in accordance with section 103D-320."

     SECTION 3.  Section 103D-104, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Climate change potential" means a measure of the relative contribution of a greenhouse gas or a set of greenhouse gases to warming, expressed as a carbon dioxide equivalent, as reported in an environmental product declaration.

     "Environmental product declaration" means a standardized report that transparently quantifies a product's environmental impacts across its life cycle, from raw material extraction to end-of-life, based on a life cycle assessment, and developed in accordance with the ISO 21930, established by the International Organization for Standardization or a successor standard."

     SECTION 4.  Section 103D-320, Hawaii Revised Statutes, is amended to read as follows:

     "§103D-320  Retention of procurement records; evaluations.  All procurement records shall be retained and disposed of in accordance with chapter 94 and records retention guidelines and schedules approved by the comptroller.  Written past performance evaluations for all procurements over the small purchase threshold shall be maintained in the processing department's procurement files and in the statewide past performance database.  Procurement records for state construction projects shall include any environmental product declarations submitted pursuant to section 103D-  ."

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2026.

Report Title:

Procurement; Environmental Product Declaration; Climate Change Potential; State Construction Projects

Description:

Requires the submission and retention of environmental product declarations for state construction projects.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.