Recycled Product Procurement by the Legislature

California’s Public Contract Code, in Division 2, Part 2, Chapter 5, specifies recycled product procurement by the Legislature. Article 1 deals with general provisions.

Section 12300 provides that this chapter applies to all purchases made on behalf of the Legislature, whether made by the Senate Committee on Rules, the Assembly Committee on Rules, the Joint Rules Committee, or any other agency of the Legislature.

Section 12301 defines the following terms: “department,” “board,” recycled paper product,” “secondary materials,” and “recycled product.”

Section 12305 states that this chapter applies to the procurement and purchase of the following materials, goods, and supplies, or products containing the following recycled resources, and meeting the specified content requirements: paper products, glass, oil, plastic, solvents and paint, tires, steel, and antifreeze.

Section 12305.5 specifies that, if a recycled product costs more than the same product made with virgin material, the Legislature is required to purchase fewer of those more costly products or apply cost savings, if any, gained from buying other recycled products towards the purchase of those more costly products.

Section 12306 says that this chapter does not apply to the procurement and purchase of asphalt concrete and portland cement concrete pavement.

Article 2 deals with recycled paper products.

Section 12310 requires the Legislature to purchase at least 50% of the total dollar amount of paper products as a recycled paper product at least 25% of the total fine writing and printing paper purchased by the Legislature must be recycled paper products.

If at any time the requirement for recycled products has not been met, the Legislature and the department, in consultation with the board, are required to review the procurement policies of the Legislature and make recommendations for immediate revisions to ensure that each requirement is met.

When contracting with the Legislature for the sale of recycled paper products, the contractor is required to certify in writing to the contracting officer that the recycled paper products offered contain the minimum percentage of waste materials required. And, this certification is furnished under penalty of perjury.

The Legislature may, in consultation with the board, print a symbol on paper products selected by the Legislature. This symbol can be printed only on paper products meeting the definition of recycled paper products.

Article 3 deals with recycled materials, goods, and supplies.

Section 12320 requires the Legislature to require contractors to certify in writing to the contracting officer whether the materials, goods, or supplies offered contain the minimum percentage of recycled product required. The contractor must specify the minimum, if not exact, percentage of recycled product in the product, both the secondary and postconsumer material content, and this certification is furnished under penalty of perjury.

The Legislature, in consultation with the department and the board, is required to review and revise the procurement specifications used by the Legislature in order to eliminate discrimination against the procurement or purchase of recycled products whenever quality of a recycled product is reasonably equal to the same product manufactured with virgin resources.

In determining procurement specifications, with the exception of any specifications that have been established to preserve the public health and safety, all legislative procurement and purchasing specifications are established in a manner that results in the maximum legislative procurement and purchase of recycled products. In addition, the Legislature, in consultation with the board, must establish purchasing practices that ensure, to the maximum extent feasible, the purchase of materials, goods, and supplies that may be recycled or reused when discarded.

Moreover, the Legislature is required to give purchase preference to recycled products when all three specified requirements are met. Also, in order to encourage the use of postconsumer waste, the Legislature’s specifications must require recycled product contracts to be awarded to the bidder whose product contains the greater percentage of postconsumer material if the fitness and quality and price meet the requirements.

The Legislature was also required to set specified goals for purchases made by the Legislature or any individual or group of individuals purchasing on behalf of the Legislature. Each specified goal is set to meet for each product. If at any time a goal has not been met, the Legislature and the department, in consultation with the board, must review procurement policies of the Legislature and make recommendations for immediate revisions to ensure that each goal is met.