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AB-498 Environmentally preferable purchasing.(2001-2002)

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AB498:v92#DOCUMENT

Assembly Bill No. 498
CHAPTER 575

An act to add Chapter 6 (commencing with Section 12400) to Part 2 of Division 2 of the Public Contract Code, relating to public contracts.

[ Filed with Secretary of State  September 16, 2002. Approved by Governor  September 14, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 498, Chan. Environmentally preferable purchasing.
Existing law regulates the purchase of recycled products by state agencies and the Legislature.
This bill would provide that the Department of General Services, in consultation with the California Environmental Protection Agency, members of the public, industry, and public health and environmental organizations, shall provide state agencies with information and assistance regarding environmentally preferable purchasing, as provided.
This bill would state the intent of the Legislature in enacting these provisions.

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) It is the policy of the state to protect human health and environmental well-being.
(b) The purpose of environmentally preferable purchasing is to protect human health and environmental well-being by reducing the procurement of goods and services that result in larger volumes of waste and pollutants.
(c) Goods and services, that result in reduced volumes of waste and pollutants, have additional value when considering future environmental and health costs.
(d) The state, through environmentally preferable purchasing, has the ability to to protect human health and environmental well-being by promoting goods and services that result in reduced waste and pollutants.
(e) The Legislature declares that the responsibility of environmentally preferable purchasing shall be that of any agency that does procuring on behalf of the state.
(f) It is the intent of the Legislature, whenever economically feasible and as markets allow, to continually expand the policies of environmentally preferable purchasing in the daily operations of the state.

SEC. 2.

 Chapter 6 (commencing with Section 12400) is added to Part 2 of Division 2 of the Public Contract Code, to read:
CHAPTER  6. Environmentally Preferable Purchasing

12400.
 For purposes of this chapter, “environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. This comparison shall take into consideration, to the extent feasible, raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the needs of the purchaser, and cost.

12401.
 The Department of General Services, in consultation with the California Environmental Protection Agency, members of the public, industry, and public health and environmental organizations, shall provide state agencies with information and assistance regarding environmentally preferable purchasing including, but not limited to, the following:
(a) The promotion of environmentally preferable purchasing.
(b) The development and implementation of a strategy to increase environmentally preferable purchasing. This may include the development of statewide policies, guidelines, programs, and regulations.
(c) The coordination with other state and federal agencies, task forces, workgroups, regulatory efforts, research and data collection efforts, and other programs and services relating to environmentally preferable purchasing.
(d) The development and implementation, to the extent fiscally feasible, of training programs designed to instill the importance and value of environmentally preferable purchasing.
(e) The development, to the extent fiscally feasible, of an environmentally preferable purchasing best practices manual for state purchasing employees.

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

12402.
 Nothing contained in this chapter shall prohibit, limit, or supersede recycled content requirements pursuant to any other provision of law.

12403.
 Nothing contained in any policy regarding environmentally preferable purchasing may 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.

12404.
 Manufacturers, vendors, or other nongovernmental entities contracting with the Department of General Services shall 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.