HomeMy WebLinkAboutMINUTES - 10241989 - S.3 5 . 3
TO: ` BOARD OF SUPERVISORS
Supervisor Tom Torlakson Contra
FROM:
October 24, 1989 CostaCounty
DATE: 40.
ORDINANCE REQUIRING THE PROCUREMENT OF RECYCLED PAPER ,PRODUCTS
SUBJECT:
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION: Refer to the Internal Operations
Committee and the Solid Waste Commission the attached letter from
Assemblywoman Elaine Eastin requesting the county's consideration of
an ordinance requiring the procurement of recycling paper products.
BACKGROUND INFORMATION: Please see attached.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON October 24, 1959 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT III ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS
ON THE DATE SHOWN.
CC: Internal Operations Cte ATTESTED
C. Van Marter, CAO Phil Batchelor, Clerk of the Board of
Solid Waste Commission supervisors and CountyAdministfatQr
County Administrator
M382/7-68 BY , DEPUTY
SACRAMENTO ADDRESS REC 11/�D SEP 2 5 1,f?COMMITTEES:
State Capitol CHAIRWOMAN,
P.O.BOX 942849 GOVERNMENTAL EFFICIENCY
Sacramento,CA 94249-0001 AND CONSUMER PROTECTION
(916)445-7874 � �
CHAIRWOMAN,
DISTRICT OFFICE JOINT COMMITTEE ON
OVERSIGHT OF GAIN
39650 Liberty Street,Suite 160 . ��1 IMPLEMENTATION
Fremont,CA 94538
(415)791-2151 CHAIRWOMAN,
(408)263-5300 SELECT COMMITTEE ON
Voice or TDD DELAINE EASTIN UNLICENSED CONTRACTORS
Assemblywoman EDUCATION
Eighteenth District
ENVIRONMENTAL SAFETY AND
TOXIC MATERIALS
tYw r�o
TRANSPORTATION
,Cq��pN1P
September 22, 1989
Honorable Thomas Torlakson
Chair, Board of Supervisors
County of Contra Costa
300 East Leland Avenue, Suite 100
Pittsburg, CA 94565
Dear Supervisor Torlakson:
The state too often mandates residents and local agencies to implement
programs that would benefit the state as a whole. Recently, we in the
state legislature introduced over 100 bills to address solid waste
management issues. Specifically, recycling has become a major part of
this year' s discussion.
I commend those cities and counties that have taken the initiativeto
start up a curbside collection program of recycled materials.
Unfortunately, we are now experiencing the effects of an imbalanced
market, where prices are beginning to level off and,. in some cases,
are actually falling due to an oversupply of recyclable materials.
Last year, I carried Assembly Bill 3746 which called on the state to
take the lead to recycle by procuring recycled goods. Unfortunately,
Governor Deukmejian vetoed this legislation. In his veto message, the
Governor wrote that this proposal is too costly for the state and that
the state 's role in market development should not extend to
guaranteeing a market for recycled products.
This year, I have reintroduced this procurement policy as Assembly
Bill 4. I have held numerous meetings with representatives of the
administration as well as the Governor's staff; and have accepted
Printed on Recycled Paper
®119
September 22, 1989
Page Two
amendments offered by the California Waste Management Board, the
Departments of General Services and Transportation. As you may know,
the administration, represented by the Waste Management Board, is
holding negotiations with the legislative leadership to draft a solid
waste management proposal . Market development will be an important
factor.
I could use your help. I am asking that your county procure recycled
products. I have enclosed a copy of existing statutes that govern the
local procurement of recycled paper products and a model local
ordinance which your city may wish to consider.
Additionally, local public agencies such as yours may purchase through
the state Department of General Services which offers recycled paper
products and other goods.
Thank you, in advance, for your consideration. I hope to hear from you
soon on your progress. If you have any questions, please do not
hesitate to contact me at 916/445-7874 or Gigi Cairel of my staff at
916/324-7440.
Sincerely,
DELAINE EASTIN
DE:sat
Enclosures
STATE OF CALIFORNIA PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE § 10392
created pursuant to Section 16420 of the Government Code. All costs of the Department of General
Services attributable to the distn ution of surplus persoQ property pursuant to this artic a se s Tree
pat'Tfrom the Service Revolving Fund.
(Amended by Stats.1988, c. 207, § 2.)
Cross References
Abolition of surplus personal property revolving fund and
transfer of funds,see Government Code§ 16424.
ARTICLE 6. PURCHASE OF FEDERAL SURPLUS PROPERTY
§ 10389. Inapplicability of article to trustees of California State University
This article shall not apply to the Trustees of the California State University.
(Amended by Stats.1986,c. 843, § 8.)
ARTICLE 7. RECYCLING
§ 10391.. Definitions
For the purpose of this article,"recycled paper'means all paper and woodpulp products containing
postconsumer waste and secondary waste materials as defined in this section. "Postconsumer
waste"means a finished material which would normally be disposed of as a solid waste' ' ',having
completed its life cycle as a consumer item. "Secondary waste" means fragments of products or
finished products of a manufacturing process ' ' ', which has converted a virgin resource into a
commodity of real economic value,and includes postconsumer waste,but does not include mill broke,
wood slabs, chips, sawdust or other wood residue.from a manufacturing process.
"Recycled paper" means a paper product with not less than 50,percent of its total weight
consisting of secondary and postconsumer waste with not less than 10 percent of its total weight
consisting of postconsumer waste.
(Amended by Stats.1985, c. 823, § 6; Stats.1986,c. 1080, § 5.)
§ 10392. State purchases of paper, preferences for recycled products, small businesses and
paper with greater percentage of postconsumer waste; limitations; revision of
procedures and specifications; rules and regulations
(a) The department shall revise its procedures and specifications for state purchases of paper to
give preference, wherever feasible, to the purchase of paper products containing recycled paper.
(b) The department shall give preference to the suppliers of recycled paper products. This
preference shall be 5 percent of the lowest bid or price quoted by suppliers offering nonrecycled
paper products. ' ' '
In bids in which the state has reserved the right to make multiple awards, the recycled paper
preference cost shall be applied, to the extent possible,so as to maximize the dollar participation of
recycled business in the contract award.
(c) The combined amount of preference granted pursuant to this section and any other provision of
law shall not exceed one hundred thousand dollars*($100,000).
Notwithstanding subdivision(b)t and subdivision(a)of Section 10398, the ' ' ' recycled paper
bidder preference shall not exceed fifty thousand dollars ($50,000) if a preference exceeding that
amount would preclude an away to a small business that offers nonrec cled paper products and is
qualified in accordance with Section 14838 of the Government e . This provision shall apply
regardless of whether the small business is the lowest responsible bidder or is eligible for contract
award on the basis of application of the 5-percent small business preference.
(e) To encourage the use of postconsumer waste, the department's specifications shall require
recycled paper contracts to be awarded to the bidder whose.paper contains the greater percentage of
postconsumer waste if the fitness and quality and price are otherwise equal.
(f) The department may adopt rules and regulations to carry out the provisions of this article.
(Amended by Stats.1985, c. 823, § 7; Stats.1986, c. 1080, § 6.)
Asterisks • ' • indicate deletions by'amendment
27
§ 10393 PUBLIC CONTRACT CODE
§ 10393' Procurement specifications; review; certification bycontractor of recycled contents;
purchasing practices
(a) The director shall review the procurement specifications currently used by the department in
order to eliminate, wherever economically feasible, discrimination against the procurement of
recovered resources and recycled materials.
(b) The director shall review the recycled paper content specifications at least annually to consider
increasing the percentage of recycled paper in paper and woodpulp product purchases.
(c) When contracting with.the department for the sale of material subject to this article, the
contractor shall certify in writing to the contracting officer or his or her representative that the
material offered contains the minimum percentage of recycled paper required by Section 10391 and
shall specify the percentage of recycled paper content in the paper or paper products. ' ' ' The
certification shall be furnished under penalty of perjury.
(d) The department shall establish purchasing practices which,to the maximum extent economical-
ly feasible, assure purchase of materials which may be recycled or reused when discarded.
(e) The department shall make every effort to eliminate purchases of paper and paper products
deemed potential contaminants to the state's recycling program.
(Amended by Stats.1985, c. 823, § 8; Stats.1987,c. 27, § 3, eff. May 28, 1987.)
§ 10398. State and local public agencies; purchase of paper products; preferences to suppliers
of recycled products and small businesses; limitation
(a) Fitness and quality being equal, all local public agencies shall purchase recycled paper and
paper products instead of unrecycled paper or paper products whenever available at no more than the
total cost of unrecycled paper and paper products. All local public agencies may and state agencies
shall give preference to the suppliers of recycled paper or paper products. This preference shall be 5
percent of the lowest bid or price quoted by suppliers offering unrecycled paper or paper products.
.In bids in which the state has reserved the right to make multiple awards, the recycled paper
preference cost shall be applied,to the extent possible,so as to maximize the dollar participation of
firms offering recycled paper in the contract award.
) The combined amount of preferences granted pursuant to this section and any other provisions
of law shall not exceed one hundred thousand dollars($100,000).
(c Notwithstanding subdivision(a)'and subdivision(b)of Section 10392, the ' ' ' recycled paper
bidder preference shall not exceed fifty thousand dollars ($50,000) if a preference exceeding that
amount would preclude an award to a small business that offers nonrec cled paper products and is
qualified in accordance with Section 14838 of the Government Code . This provision shall apply
regardless of whether the small business is the lowest responsible bidder or is eligible for contract
award on the basis of application of the 5-percent small business ' ` ' preference.
(Amended by Stats.1985, c. 823, § 9; Stats.1986, c. 1080, § 7.)
§ 10399. State and local public agencies; specification by bidder of recycled content; perform-
ance standards; printing contracts
All local public agencies shall require the bidder to specify the percentage of recycled paper
content in the paper or paper products ' ' '. All contract provisions impeding the consideration of
products with reclaimed paper content shall be deleted in favor of performance standards.
All printing contracts made by any local agency shall provide that the paper used shall meet the
requirements of these provisions.
Except as otherwise provided in this article,state agencies shall also be subject to the provisions of
this section.
(Amended by Stats.1985, c. 823, § 10; Stats.1987, c. 27, § 4, eff. May 28, 1987.)
ARTICLE 7.5. CO-COMPOST PRODUCTS
Section
10403.5. Testing; state agencies; products from selected co-compost product testing sites; reports;
private contractors' duties; city of Los Angeles contractor.
Underline Indicates changes or additions by amendment
28
SEP 12 '89 16:00 SANTA CRUZ COUNTY P,2
ORDINANCE NO.
ORDINANCE AMENDING THE SANTA CRUZ COUNTY CODE BY ADDING
SECTION 2.37.105, RELATING TO THE PURCHASE OF RECYCLED
PAPER AND RECYCLED PAPER PRODU{;.TS
The Board of Supervisors of the County of Santa Cruz do ordain as
follows:
SECTION I
Chapter 2.37 of the Santa Cruz County Code is hereby amended by adding
Section 2.37.105 thereto, said new section to read as follows:
2.37.105 RECYCLED PAPER.
A. The Purchasing Agent shall establish and maintain procedures and
specifications for the purchase of paper and paper products which
give preference, whenever feasible, to the purchase of recycled
paper, and paper products containing recycled paper.
B. The Purchasing Agent shall purchase recycled paper and paper
products, instead of unrecycled paper or paper products, whenever
such recycled paper and paper products are available at no more than
the total cost of unrecycled paper and paper products, and when
fitness and quality are equal .
C. The Purchasing Agent shall provide a preference to the suppliers of
recycled paper or paper products equal to five percent of the lowest
bid or price quoted by suppliers offering unrecycled paper or paper
products.
D. For the. purposes of this Section, "recycled paper" means all paper
and wood pulp products as defined in Section 10391 of the Public.
Contract Code.
SECTION iI
This ordinance shall take effect 30 days after final passage.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Santa Cruz, State of California, this • day of 1986,
by the following vote:
AYES: SUP€RVISORS
NOES: SUPERVISORS
ABSENT: SUPERVISORS
-GARY A. PATT5N, CRairp6rson
Board of Supervisors
ATTEST:
Cl er, of the hoard