TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 23

MISCELLANEOUS PROVISIONS

67-2347.  prohibition of environmental, social, and governance standards in public contracts. (1) As used in this section:

(a)  "Contract" means an agreement for the provision of goods or performance of services in exchange for remuneration between a public entity and another party that:

(i)   Has a value of one hundred thousand dollars ($100,000) or more that is to be paid wholly or partly from the funds of a public entity; and

(ii)  Is not subject to the provisions of section 67-5711C, Idaho Code, or chapter 92, title 67, Idaho Code.

(b)  "Contractor" means any person or entity who has entered or is attempting to enter into a contract, including but not limited to a construction manager licensed pursuant to chapter 45, title 54, Idaho Code, and design-build entities as provided in chapter 57, title 67, Idaho Code.

(c)  "Environmental, social, and governance standards" means standards that would screen or score contractors based on subjective ethical or sustainability criteria unrelated to the specifications of a contract or the qualifications of a contractor.

(d)  "Public entity" means the state of Idaho or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or rule.

(2)  No contract shall be accepted or denied by a public entity based on environmental, social, and governance standards.

(3)  A contractor not selected for a contract with a public entity may assert noncompliance with this section as a basis to challenge the award of the contract under the administrative and legal processes otherwise applicable to the award of the contract.

History:

[67-2347, added 2023, ch. 129, sec. 2, p. 367.]