5. a. Every State department or agency that engages in landscaping or construction activities on State land, or for State projects or facilities, shall use, where technically feasible, environmentally sound, and competitively priced, compost, mulch, or other soil amendments produced from municipal solid waste, food waste, sludge, yard waste, clean wood waste, or other organic materials that the supplier has certified comply with applicable project standards and specifications. Such compost, mulch, or soil amendments shall be used in place of chemical fertilizers or soil amendments.

b. In purchasing compost, mulch, or other soil amendments for use by the various departments or agencies of State government, the Director of the Division of Purchase and Property in the Department of the Treasury, whenever the price is competitive and the quality satisfactory for the purpose intended, shall make contracts available for compost, mulch, or other soil amendments produced from municipal solid waste, food waste, sludge, yard waste, clean wood waste, or other organic materials.

c. As used in this section:

“Competitive” or “competitively priced” means a price of no more than 10% above the price of products which are manufactured or produced from virgin materials; except that the Director of the Division of Purchase and Property, upon consultation with the Department of Environmental Protection, may make contracts available for compost, mulch, or other soil amendments produced from municipal solid waste, food waste, sludge, yard waste, clean wood waste, or other organic materials at a price no more than 15% above the price of products manufactured or produced from virgin materials whenever the director determines that a 15% price differential is in the best interest of the State.

“Food waste” shall have the same meaning as provided in section 1 of P.L.2020, c.24 (C. 13:1E-99.122).

L.2020, c.24, s.5.