Section 12217 Of Article 4. Recycled Materials, Goods, And Supplies From California Public Contract Code >> Division 2. >> Part 2. >> Chapter 4. >> Article 4.
12217
. (a) If at any time a requirement has not been met, the
department, in consultation with the board, shall review purchasing
policies and shall make recommendations for immediate revisions to
ensure that the recycled product purchasing requirements are met.
(b) In determining purchasing specifications, with the exception
of any specifications that have been established to preserve the
public health and safety, all state purchasing specifications shall
be established in a manner that results in the maximum state purchase
of recycled products.
(c) If a recycled product, as defined in subdivision (h) of
Section 12200, costs more than the same product made with virgin
material, the state agency shall, if feasible, purchase fewer of
those more costly products or apply the cost savings, if any, gained
from buying other recycled products towards the purchase of those
more costly products to meet the solid waste diversion goals of
Section 41780.
(d) Each state agency shall establish purchasing practices that
ensure the purchase of goods and materials that may be recycled or
reused. Each state agency shall continue activities for the
collection, separation, and recycling of recyclable materials and may
appoint a recycling coordinator to assist in implementing this
section.
(e) To assist the state in meeting the requirements of this
article, each state agency, and the department, in consultation with
the board, may also establish recycled product-only bids, cooperative
purchasing arrangements, or other mechanisms to meet the
requirements for recycled products and to encourage the maximum state
purchase of recycled products.
(f) The department, in consultation with the board, shall review
and revise the purchasing specifications used by state agencies in
order to eliminate restrictive specifications and discrimination
against the purchase of recycled products and to ensure that they are
drafted in a manner that results in the maximum state purchase of
recycled products. All contract provisions impeding the consideration
of recycled products shall be deleted in favor of performance
standards.
(g) Any state agency that is required to submit an SABRC report to
the board, pursuant to Section 12211, is subject to a review
conducted by the board or its designee.