AB 661

Bill Subjects

Abstract

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. 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, if fitness and quality are equal, each state agency 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 require a state agency, if fitness and quality are equal, to purchase recycled products instead of nonrecycled products whenever recycled products are available at no more than 10% greater total cost than nonrecycled products, and specified circumstances exist. The bill would substantially revise product categories. The bill would require the Department of Resources Recycling and Recovery, in concurrence with the DGS and in consultation with impacted agencies, to update a list of products and minimum recycled content percentages, as determined to be appropriate, commencing January 1, 2026, and every 3 years thereafter. The bill would require the Department of Resources Recycling and Recovery and the DGS to incorporate the updated list of products and minimum recycled content requirements into the State Contracting Manual, the Financial Information System for California, and the financial system of any department not utilizing the Financial Information System for California. The bill would require the Department of Resources Recycling and Recovery to maintain an internet website with current SABRC products and minimum recycled content requirements. The bill would establish product categories and minimum content and recyclability requirements, effective January 1, 2023, until updated by the Department of Resources Recycling and Recovery. The bill would delete the DGS review and recommendation process for unmet requirements and, instead, would require the Department of Resources Recycling and Recovery to report a state agency that does not meet SABRC purchasing requirements in each product category to the DGS. The bill would require all state agency procurement and contracting officers, or their designees, to participate in mandatory annual training, as prescribed, conducted by the Department of Resources Recycling and Recovery. The bill would require the DGS and the Prison Industry Authority to prioritize the use of recycled content products. The bill would require the DGS to continue to make products that meet the SABRC postconsumer minimum percentage requirements available through statewide contracts, and provide information to state agencies regarding contracted products that meet these requirements. The bill would require the Prison Industry Authority, in collaboration with the Department of Resources Recycling and Recovery, to make every attempt to procure parts that meet the SABRC postconsumer minimum percentage requirements for the products it creates and sells to state agencies. Existing law relating to SABRC applies to prescribed state agencies, including the California State University. This bill would provide that the University of California is not subject to the SABRC procurement requirements, but would require the University of California to report on purchases of products reportable under SABRC and what percentage of those purchases meet the associated minimum recycled content requirements. Existing law relating to the state acquisition of goods and services authorizes DGS to delegate purchasing authority to a state agency that meets specified requirements. Existing law relating to the acquisition of information technology goods and services authorizes the delegation of acquisition authority by the Director of General Services, in consultation with the Department of Technology, to a state agency that has been determined to be capable of effective use of that authority, as prescribed. This bill would, with regard to both the state acquisition of goods and services and the acquisition of information technology goods and services, require the DGS to maintain procedures for complying with SABRC, including procedures for meeting the minimum recycled content requirements and for complying with reporting requirements.