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AB-1369 Buy Clean California Act: eligible materials: product-specific global warming potential emissions.(2021-2022)

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Date Published: 01/12/2022 09:00 PM
AB1369:v96#DOCUMENT

Amended  IN  Assembly  January 12, 2022
Amended  IN  Assembly  January 03, 2022
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1369

Introduced by Assembly Member Bennett

February 19, 2021

An act to amend Sections 3501 and 3502 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1369, as amended, Bennett. Buy Clean California Act: eligible materials: product-specific global warming potential emissions.
Existing law, the Buy Clean California Act, requires the Department of General Services, by January 1, 2021, 2022, to establish and publish in the State Contracting Manual, in a department management memorandum, or on the department’s internet website, a maximum acceptable global warming potential for each category of eligible materials, set at the industry average of facility-specific global warming potential emissions for that material, expressed as specified. Existing law defines eligible materials for those purposes to mean carbon steel rebar, flat glass, mineral wool board insulation, or structural steel.
This bill would define eligible materials to additionally include gypsum board, insulation, carpet and carpet tiles, ceiling tiles, and any other major structural, high-impact architectural, civil, or high-impact materials for which there is either a product category rule or an environmental product declaration. and ceiling tiles. The bill would also require the department, by January 1, 2024, to establish and publish a maximum acceptable global warming potential for each category of eligible materials, set at the industry average of product-specific global warming potential emissions for that material, those materials, expressed as specified.
Existing law requires the department, by January 1, 2024, 2025, and every 3 years thereafter, to review the maximum acceptable global warming potential for each category of eligible materials and authorizes the department to adjust that number downward for any eligible material to reflect industry improvements under specified circumstances.
This bill, instead, would require the department, by January 1, 2027, and every 3 years thereafter, to review the maximum acceptable global warming potential for each category of eligible materials, expressed as specified, and would authorize the department to adjust that number downward for any eligible material to reflect industry improvements under specified circumstances. This bill would authorize the department to establish and publish a maximum acceptable global warming potential for any major structural, high-impact architectural, civil, or high-impact materials for which there is either a product category rule or an environmental product declaration.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3501 of the Public Contract Code is amended to read:

3501.
 For purposes of this section:
(a) “Awarding authority” means any of the following:
(1) A state agency for a contract for a public works project that is subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2).
(2) The Regents of the University of California for a contract for a public works project that is subject to Chapter 2.1 (commencing with Section 10500) of Part 2.
(3) The Trustees of the California State University for a contract for a public works project that is subject to the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2).
(b) “Department” means the Department of General Services.
(c) “Eligible materials” means any of the following:
(1) Carbon steel rebar.
(2) Flat glass.
(3) Mineral wool board insulation.
(4) Structural steel.
(5) Gypsum board.
(6) Insulation.
(7) Carpet and carpet tiles.
(8) Ceiling tiles.

(9)Any other major structural, high-impact architectural, civil, or high-impact materials for which there is either a product category rule or an environmental product declaration.

(d) “Eligible project” means a project that the awarding authority determines will require eligible materials.
(e) “Greenhouse gas emissions” has the same meaning as defined in subdivision (g) of Section 38505 of the Health and Safety Code.

SEC. 2.

 Section 3502 of the Public Contract Code is amended to read:

3502.
 (a) By January 1, 2022, the department department, in consultation with the State Air Resources Board, shall establish, and publish in the State Contracting Manual or a department management memorandum, or make available on the department’s internet website, a maximum acceptable global warming potential for each category of eligible materials listed in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 3501 in accordance with both all of the following requirements:
(1) The department shall set the maximum acceptable global warming potential at the industry average of facility-specific global warming potential emissions for that material with a phase-in period of not more than two years. The department shall determine the industry average by consulting recognized databases of environmental product declarations. When determining the industry averages pursuant to this paragraph, the department should include all stages of manufacturing required by the relevant product category rule. However, when setting the initial industry average, the department may exclude emissions that occur during fabrication stages, and make reasonable judgments aligned with the product category rule.
(2) The department shall express the maximum acceptable global warming potential as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials. The department may set different maximums for different products within each category and, when more than one set of product category rules exists for a category or set of products, may set a different maximum for each set of product category rules. The global warming potential shall be provided in a manner that is consistent with criteria in an Environmental Product Declaration.
(3) By January 1, 2027, and every three years thereafter, the department shall review the maximum acceptable global warming potential established pursuant to this subdivision for each category of eligible materials listed in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 3501, and may adjust that number downward for any eligible material to reflect industry improvements if the department, based on the process described in paragraph (1), determines that the industry average has changed, but the department shall not adjust that number upward for any eligible material. At that time, the department shall update the State Contracting Manual, department management memorandum, or information available on the department’s internet website to reflect that adjustment.
(b) The department, by January 1, 2022, shall submit a report to the Legislature that describes the method that the department used to develop the maximum global warming potential for each category of eligible materials pursuant to subdivision (a). The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(c) By January 1, 2024, the department department, in consultation with the State Air Resources Board, shall establish, and publish in the State Contracting Manual or a department management memorandum, or make available on the department’s internet website, a maximum acceptable global warming potential for each category of eligible materials listed in paragraphs (5) to (8), inclusive, of subdivision (c) of Section 3501 in accordance with both all of the following requirements:
(1) The department shall set the maximum acceptable global warming potential at the industry average of product-specific global warming potential emissions for that material with a phase-in period of not more than two years. The department shall determine the industry average by consulting recognized databases of environmental product declarations. When determining the industry averages pursuant to this paragraph, the department should include all stages of manufacturing required by the relevant product category rule. However, when setting the initial industry average, the department may exclude emissions that occur during fabrication stages, and make reasonable judgments aligned with the product category rule.
(2) The department shall express the maximum acceptable global warming potential as a number that states the maximum acceptable product-specific global warming potential for each category of eligible materials. The department may set different maximums for different products within each category and, when more than one set of product category rules exists for a category or set of products, may set a different maximum for each set of product category rules. The global warming potential shall be provided in a manner that is consistent with criteria in an Environmental Product Declaration.

(d)

(3) By January 1, 2027, and every three years thereafter, the department shall review the maximum acceptable global warming potential for each category of eligible materials established pursuant to subdivision (c), established pursuant to this subdivision for each category of eligible materials listed in paragraphs (5) to (8), inclusive, of subdivision (c) of Section 3501, and may adjust that number downward for any eligible material to reflect industry improvements if the department, based on the process described in paragraph (1) of subdivision (c), determines that the industry average has changed, but the department shall not adjust that number upward for any eligible material. At that time, the department shall update the State Contracting Manual, department management memorandum, or information available on the department’s internet website, website to reflect that adjustment.
(d) The department may establish and publish in the State Contracting Manual or a department management memorandum, or make available on the department’s internet website, a maximum acceptable global warming potential for any major structural, high-impact architectural, civil, or high-impact materials in addition to the eligible materials listed in subdivision (c) of Section 3501 for which there is either a product category rule or an environmental product declaration.