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

1. (1) degradable products are available at the time of the procurement;
2. (2) it is economically feasible to procure degradable products;

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

   1. (A) federal regulations or policy in matters involving the federal government; or
   2. (B) the special requirements of scientific uses;

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

   1. (A) meet applicable specifications; and
   2. (B) are not degradable; and

5. (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:

   1. (A) the functional use of the product; and

   2. (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.