SB 1383 Recycled-Content Paper Procurement Requirements

1. Requirements for County

A. Section 22150 of the Public Contract Code (“PCC”) requires local governments to purchase recycled products instead of non recycled products whenever recycled products are available at the same or a lesser total cost than non-recycled items, if fitness and quality are equal.

B. SB 1383 regulations require the County to procure Paper Products and Printing and Writing Paper consistent with the requirements of Sections 22150 through 22154 of the PCC. If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all County departments and divisions shall purchase Recycled Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the PCC, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.

C. All Paper Products and Printing and Writing Paper purchased shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

D. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchases within thirty (30) days, or as directed by County, of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the County. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided.

2. Requirements for Vendors

A. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to County shall:

1. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item, and available at equal or lesser price.

2. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the County. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the County is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

5. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchased from the vendor within thirty (30) days of the purchase, or as directed by County (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the County. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required for recycled-content purchases, purchaser name, quantity purchased, date purchased, dollars spent for each type of product, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non- Recycled Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided.

B. All vendors providing printing services to the County, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by PCC Section 12209.