Bill Text: CA AB683 | 2021-2022 | Regular Session | Amended


Bill Title: Recycling: procurement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-22 - Re-referred to Com. on A. & A.R. [AB683 Detail]

Download: California-2021-AB683-Amended.html

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 683


Introduced by Assembly Member Grayson

February 12, 2021


An act to amend Sections 12209 and 12305 of the Public Contract Code, relating to recycling.


LEGISLATIVE COUNSEL'S DIGEST


AB 683, as amended, Grayson. Solid waste: recycling. Recycling: procurement.

The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city and county, and each regional agency formed pursuant to the act, to develop a source reduction and recycling element of an integrated waste management plan to divert 50% of all solid waste, through source reduction, recycling, and composting activities.

This bill would state the intent of the Legislature to enact legislation relating to recycling.

Existing law relating to public contracting establishes the State Agency Buy Recycled Campaign (SABRC), which requires state agencies to ensure specific percentages of reportable purchases from prescribed product categories to be recycled products. Existing law requires each state agency, if fitness and quality are equal, to purchase recycled products instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled products. Existing law establishes minimum content requirements for recycled products. Existing law requires a state agency to report annually to the Department of Resources Recycling and Recovery its progress in meeting the recycled product purchasing requirements using a SABRC report format. Existing law requires the Department of General Services (DGS), if a requirement has not been met, in consultation with the Department of Resources Recycling and Recovery, to review purchasing policies and make recommendations for immediate revisions to ensure that the recycled product purchasing requirements are met.
This bill would authorize the Department of Resources Recycling and Recovery, on or after January 1, 2022, to add additional products based on criteria selected by the Department of General Services.
Existing law requires the Legislature, in the procurement and purchase of prescribed materials, goods, and supplies, or products containing recycled resources, as prescribed, to meet specified content requirements.
This bill would authorize the Department of Resources Recycling and Recovery, on or after January 1, 2022, to add additional products based on criteria selected by the Department of General Services.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12209 of the Public Contract Code is amended to read:

12209.
 (a) For purposes of this article, the following minimum content requirements apply:

(a)

(1) Recycled paper products shall consist of at least 30 percent, by fiber weight, postconsumer fiber.

(b)(1)

(2) (A) Recycled printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer fiber.

(2)

(B) Printed newspapers that meet the requirements of Chapter 15 (commencing with Section 42750) of Part 3 of Division 30 of the Public Resources Code shall be considered in compliance with the requirements of this section.

(c)

(3) For recycled compost, cocompost, and mulch, at least 80 percent of the product shall consist of materials, including, but not limited to, the materials listed in subdivision (c) of Section 12207, that would otherwise be normally disposed of in landfills.

(d)

(4) For recycled glass, the total weight shall consist of at least 10 percent postconsumer material.

(e)

(5) Rerefined lubricating oil shall have a base oil content consisting of at least 70 percent rerefined oil.

(f)(1)

(6) (A) For recycled plastic products, other than printer or duplication cartridges, the total weight shall consist of at least 10 percent postconsumer material.

(2)

(B)  Recycled printer or duplication cartridges shall comply with either the requirements set forth in subdivision (e) of Section 12156 or the general requirement for recycled plastic products set forth in paragraph (1). subparagraph (A).

(g)

(7) Recycled paint shall have a recycled content consisting of at least 50 percent postconsumer paint. Preconsumer or secondary paint does not qualify as “recycled paint” pursuant to this subdivision. paragraph. If paint containing 50 percent postconsumer content is unavailable, or is restricted by a local air quality management district, a state agency may substitute paint with at least 10 percent postconsumer content.

(h)

(8) Recycled antifreeze fluid shall have a recycled content of at least 70 percent postconsumer materials.

(i)

(9) Retreaded tires must shall use an existing casing that has undergone an approved or accepted recapping or retreading process, in accordance with Chapter 7 (commencing with Section 42400) of Part 3 of Division 30 of the Public Resources Code.

(j)

(10) For tire-derived products, the total content shall consist of at least 50 percent recycled used tires.

(k)

(11) For recycled metal products, the total weight shall consist of at least 10 percent postconsumer material.

(l)

(12) For reused or refurbished products, there is no minimum content requirement.
(b) On or after January 1, 2022, the Department of Resources Recycling and Recovery may add additional products based on criteria selected by the Department of General Services.

SEC. 2.

 Section 12305 of the Public Contract Code is amended to read:

12305.
 (a) 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 pursuant to either subdivision (c) or (d) of Section 12301, whichever is applicable:

(a)

(1) Paper products, that include, but are not limited to, fine grades of paper, corrugated boxes, newsprint, tissue, and toweling.

(b)

(2) Glass.

(c)

(3) Oil.

(d)

(4) Plastic.

(e)

(5) Solvents and paint, including water-based paint.

(f)

(6) Tires.

(g)

(7) Steel.

(h)

(8) Antifreeze.
(b) On or after January 1, 2022, the Department of Resources Recycling and Recovery may add additional products based on criteria selected by the Department of General Services.

SECTION 1.

It is the intent of the Legislature to enact legislation relating to recycling.

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