May 20, 2005
The Honorable Michael E. Busch
Speaker of the House
State House
Annapolis, MD 21401
Dear Mr. Speaker:
In accordance with Article II, Section 17 of the Maryland Constitution, today I have vetoed House Bill 346 - This bill requires the Secretary of General Services, the Secretary of Transportation, and the Chancellor of the University System of Maryland to establish a price preference for the purchase of environmentally preferable products and equipment (EPPs). The bill directs the Board of Public Works to adopt specified regulations and requires units of State government to review specifications for the procurement of goods and services currently in place and adjust those specifications to the maximum degree possible to increase the purchases of EPPs.
Under current law, the Secretary of General Services, the Secretary of Transportation, and the Chancellor of the University System of Maryland are required to establish a percentage price preference, not to exceed 5%, for the purchase of products made from recycled materials. Recycled materials include post-consumer material, industrial scrap material, compost, and obsolete inventories.
If implemented, House Bill 346 would increase the cost of commodities and equipment procured by the State. The procurement of environmentally preferable products and equipment would require a significantly greater devotion of procurement resources than the present method. Costs associated with such an undertaking would include initial analysis, increased cost to purchase of products, maintenance and disposal.
My Administration has doubled the prior Administration's Green Energy Procurement goals. Along with the Bay Restoration Fund, the Department of General Services conducted a reverse energy auction for the procurement of electricity. As a result of that procurement, approximately 13% of the electricity supplied to State executive departments and agencies will be environmentally friendly "green power" which consists of electricity produced with renewable resources. This more than doubles the goal set in 2001 by Executive Order 01.01.2001.02 - Sustaining Maryland's Future with Clean Power, Green Buildings and Energy
Efficiency. That executive order calls for the procurement of electricity for use within State owned facilities with a goal of only 6% to be generated from Green Energy.
Maryland receives a large amount of federal funding for construction projects. Additional costs for environmentally preferable products and equipment may not be covered by federal standards, thus leaving additional cost to the State. These are expenditures the State is not currently in a position to undertake and cannot afford. I am still not persuaded that this legislation will be helpful to Maryland.
For the reasons stated above, I have vetoed House Bill 346.
Yours very truly,
Robert L. Ehrlich, Jr.
Governor