PUBLIC CONTRACT CODE
SECTION 12200-12226

12200.  For the purpose of this article:
   (a) (1) Except as provided in paragraph (2), "recycled product"
means all materials, goods, and supplies, no less than 50 percent of
the total weight of which consists of secondary and postconsumer
material with not less than 10 percent of its total weight consisting
of postconsumer material.  A recycled product shall include any
product that could have been disposed of as solid waste having
completed its life cycle as a consumer item, but otherwise is
refurbished for reuse without substantial alteration of its form.
   (2) "Recycled product" also means other flat rolled steel products
no less than 25 percent of the total weight of which consists of
secondary and postconsumer material, with not less than 10 percent of
total weight consisting of postconsumer material.  Products made
with flat rolled steel meeting these content percentages include, but
are not limited to, automobiles, cans, appliances, and office
furniture and supplies.
   (b) "Postconsumer material" means a finished material that would
have been disposed of as a solid waste, having completed its life
cycle as a consumer item, and does not include manufacturing wastes.
   (c) "Secondary material" means fragments of finished products or
finished products of a manufacturing process that has converted a
resource into a commodity of real economic value, and includes
postconsumer material, but does not include excess virgin resources
of the manufacturing process.

12205.  (a) All state agencies shall require all contractors to
certify in writing the minimum percentage, if not the exact
percentage, of postconsumer and secondary material in the materials,
goods, or services provided or used.  This certification shall be
furnished under penalty of perjury.
   (b) The department, in consultation with the board, shall review
and revise the procurement specifications used by state agencies in
order to eliminate restrictive specifications and discrimination
against the procurement or purchase of recycled products.  Fitness
and quality being equal, all state agencies shall purchase recycled
products instead of nonrecycled products whenever recycled products
are available at the same total cost as nonrecycled products.  All
state agencies shall allow a price preference, as determined by the
board pursuant to Section 12162.  In determining procurement
specifications, with the exception of any specifications that have
been established to preserve the public health and safety, all state
procurement and purchasing specifications shall be established in a
manner that results in the maximum state procurement and purchase of
recycled products.
   (c) (1) To assist the state in meeting the requirements of
subdivision (a) of Section 12162 and subdivision (e) of this section,
the department, in consultation with the board, may also establish
recycled-content disclosure, recycled product-only bids, cooperative
purchasing arrangements, or conduct an analysis of solid waste
diversion from disposal facilities, to meet the requirements for
recycled products and to encourage the maximum state procurement and
purchase of recycled products.  All state agencies shall, if
feasible, implement recycled product-only bids for recycled products
as defined in subdivision (a) of Section 12200, in order to meet the
requirements for recycled products set forth in this section and
Section 12162.
   (2) This subdivision applies to the procurement or purchase of the
following materials, goods, and supplies, or products containing the
following recycled resources:
   (A) Paper products, that include, but are not limited to, fine
papers, such as xerographic and envelope papers and form bond,
corrugated boxes, newsprint, tissue, and toweling.
   (B) Compost and cocompost products.
   (C) Glass.
   (D) Oil.
   (E) Plastic.
   (F) Solvents and paint, including water-based paint.
   (G) Tires.
   (H) Steel.
   (I) Antifreeze.
   (d) All state agencies shall, if feasible, establish purchasing
practices that ensure the purchase of materials, goods, and supplies
that may be recycled or reused when discarded.
   (e) The department shall set the following requirements for
purchases made by state agencies:
   (1) By January 1, 1996, at least 20 percent of state purchases are
of recycled products.
   (2) By January 1, 1998, at least 30 percent of state purchases are
of recycled products.
   (3) On and after January 1, 2000, at least 50 percent of state
purchases are of recycled products.
   (4) The requirements specified in this subdivision shall be
applied to the purchases of state agencies for products listed in
this section, except in subparagraph (A) of paragraph (2) of
subdivision (c) for which requirements are specified in Section
12162.
   (f) The purchases of the state agencies shall meet each
requirement for, and be applied to the total dollar amount of, each
specified product category as defined in this section.  The purchase
of a recycled-content product from one category may not be applied
toward the requirements for, or the total dollar amount of, any other
category listed in this section or Section 12157, 12162, 12301, or
12305.

12210.  Fitness and quality being equal, all local and state public
agencies shall purchase recycled products instead of nonrecycled
products whenever available at no more than the total cost of
nonrecycled products.  All local public agencies may give preference
to the suppliers of recycled products.  All local public agencies may
determine the amount of this preference.

12213.  All local public agencies shall require the bidder to
specify the minimum, if not exact, percentage of recycled product in
the products offered, both the postconsumer and secondary waste
content regardless of whether the product meets the percentage of
recycled product required pursuant to subdivision (a) of Section
12200.  All contract provisions impeding the consideration of
products with recycled product shall be deleted in favor of
performance standards.
   Except as otherwise provided in this article, state agencies are
also subject to this section.

12225.  On or before August 31, 1991, and every year thereafter, the
department, in consultation with the board, shall prepare a report
to the Legislature describing the purchase and procurement of
products purchased by the state before and after January 1, 1990.
The report shall estimate the amount of recycled products utilized by
state contractors before and after the enactment of this chapter.
The report shall include, but not be limited to, the following:
   (a) Listed by department, the total dollar amounts, volume, and
number of contracts of individual products purchased by the
department and any other agency having delegated procurement
authority pursuant to Section 10333.
   (b) Total dollar amounts, volume, and number of contracts of each
product purchased by the state, which includes the Legislature, the
California State University, and the University of California
systems.
   (c) A list of individual recycled products purchased pursuant to
Sections 10507.5 and 10860, inclusive, this chapter and Chapter 5
(commencing with Section 12300).
   (d) The total dollar amounts, volume, and number of contracts of
individual products, whether recycled or nonrecycled, purchased by
the state.
   (e) The total dollar amounts, volume, and number of contracts of
recycled products including recycled paper and compost products
purchased pursuant to Sections 10507.5 and 10860, inclusive, this
chapter, and Chapter 5 (commencing with Section 12300).
   (f) The total dollar amount and volume of compost and cocompost
products utilized by the state pursuant to Section 12183 or any other
state or local program.
   (g) For recycled paper products purchased by procuring agencies,
the total number of contracts, dollar amounts, and volume of those
contracts that were eligible for the preference pursuant to Section
12162.
   (h) For each recycled product, including recycled paper and
compost products, the total dollar amounts, volume, and number of
contracts that were eligible for a preference or a combination
thereof pursuant to Sections 4533, 7084, and 14838 of the Government
Code.
   (i) Total number of bids for each product listed in Section 12157,
whether or not a contract was awarded the bid.
   (j) The range of dollar amounts for bids on procurement contracts
which include, but is not limited to, contracts for the procurement
of individual recycled products listed in Section 12157.
   (k) For each waste material, total revenue dollars and volume
generated from the state waste materials collection program pursuant
to Section 12165.
   (l) Recommendations to the Legislature as to revisions of the
percentage amounts contained in the secondary material and
postconsumer material definitions for individual products that will
result in greater procurement of recycled products composed of
recycled resources that would otherwise be disposed of as solid waste
in the state's disposal facilities.
   (m) Recommendations on specific products available containing
secondary and postconsumer material that are procured by the state,
used in the performance of a service or project for the state, and
used in state construction contracts.
   These products shall be recommended as candidates for the
application of the recycled paper product preference described in
Section 12162.
   (n) A list of products purchased in either large volumes or high
dollar amounts by the state that are available as a recycled product,
as identified by the board in consultation with the department.  The
board shall revise this list as products purchased by the state
become feasibly available in recycled form.  Any revised list shall
be included in the annual report required by this section.

12226.  (a) It is the intent of the Legislature that the state
pursue all feasible measures to improve markets for recycled products
including, but not limited to, procurement preferences for purchases
made by the state.
   (b) Not later than March 1, 1990, the board shall submit to the
Legislature a report concerning the state's role in market
development for recycling.  The report shall address the need for and
effectiveness of procurement preferences for the state purchase of
recycled goods and materials.  The report shall include, but not be
limited to, an analysis of the role procurement preferences can play
in encouraging recycling and expanding the markets for recycled goods
and materials.