Recycled Purchase Mandates on Local Governments

The California Public Contract Code in Division 2, Part 3, Chapter 3.5 contains recycled product procurement mandates pertaining to local governments.

Section 22150 provides that, if fitness and quality are equal, each local public entity is required to purchase recycled products, instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items.

In addition, a local public entity may give preference to suppliers of recycled products and a local public entity may define the amount of this preference.

Section 22151 specifies that, in bids in which the local government has reserved the right to make multiple awards, the recycled product preference cost must be applied, to the extent possible, so as to maximize the dollar participation of firms offering recycled products in the contract award.

Section 22152 requires all local public entities to mandate all business to certify in writing the minimum percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. All contract provisions impeding the consideration of recycled products must be deleted in favor of performance standards.

Section 22153 requires all printing contracts made by any local public entity to provide that the paper used must meet the recycled content requirements.

Section 22154 requires all businesses to certify in writing to the contracting officer, or his or her representative, the minimum, if not exact, percentage of postconsumer material in the products, materials, goods, or supplies being offered or sold to any local public entity.

The certification required by this section must specify that the cartridges so comply. A local public entity may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site.