Environmentally Preferable Purchasing in California

California’s Public Contract Code, in Division 2, Part 2, Chapter 6, deals with environmentally preferable purchasing.

Section 12400 defines the term “environmentally preferable purchasing.” Section 12401 requires the Department of General Services, in consultation with the state Environmental Protection Agency, members of the public, industry, and public health and environmental organizations, to provide state agencies with information and assistance regarding environmentally preferable purchasing including, including five specified items.

Section 12401.5 requires, within existing resources, the Department of General Services to designate a single point of contact for state agencies, suppliers, and other interested parties to contact regarding environmentally preferable purchasing issues.

Section 12402 provides that nothing prohibits, limits, or supersedes recycled content requirements pursuant to any other provision of law.

Section 12403 provides that nothing is to be construed as requiring the acquisition of goods or services that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time.

Section 12404 requires manufacturers, vendors, or other nongovernmental entities contracting with the Department of General Services to certify in writing that any environmental attribute claims they make concerning their products and services are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms.