SECTIONS 12153-12156 - California Statutes

PUBLIC CONTRACT CODE

SECTION 12153-12156

12153. The Legislature finds and declares all of the following:
(a) It is the policy of the state to conserve and protect
resources for future citizens as well as the current population of
the state.
(b) It is in the best interest of the people of the state that the
state alter its perception of solid waste to instead look upon this
waste as resources that can be recovered and reused.
(c) It is in the best interest of reducing the increasing burden
on communities disposing of the state's solid waste for the state to
take a role in developing an integrated state solid waste management
policy, which includes source reduction, recycling, composting,
market development, incineration, and landfills. Since recycling is a
necessary component of this policy, the state shall encourage the
use of recycled products to ensure that the state's industries have
sufficient and adequate markets for products regeneratively utilizing
the state's solid waste as recycled resources.
(d) It is the policy of the state to encourage the expansion of
businesses located in California and, to whatever extent possible, to
look favorably on California businesses in the recycling industry,
which include, but are not limited to, those California businesses
that manufacture, distribute, or act as brokers for, recycled
products.
(e) Market development is the key to moving beyond the uneven
collection of recyclable materials to stable resource recovery and
reuse. Because of existing local collection programs, significant
quantities of recycled resources such as the following are today
available for purchase: fine grades of paper, high-quality paper
products, plastics, retreaded automobile tires, rerefined lubricating
oil, reused automotive parts, reclaimed solvents, recycled asphalt,
recycled concrete, carpet or geotextiles composed of recycled
plastics, compost and co-compost products, and steel products.
(f) In making these findings, the Legislature declares that the
policy and intent of this chapter is to set an example for the state
and nation to encourage the purchase of products utilizing recycled
resources.
(g) It is the intent of the Legislature, whenever economically
feasible and as markets allow, to continually expand the policies of
the state to utilize recycled resources in the daily operations of
the state. This includes, but is not limited to, the procurement and
purchase of recycled materials, the use of recycled resources in the
performance of a service or project for the state, and the purchase
of equipment used for the collection and sale of waste materials
generated by the state.
(h) It is the intent of the Legislature that the Department of
General Services work with all state departments, agencies, the
Legislature, the California Integrated Waste Management Board, and
the Department of Conservation to draft, establish, and implement
policies that ensure the procurement and use of recycled resources.
(i) It is also the intent of the Legislature to encourage local
public agencies and private companies to adopt policies to maximize
the use of recycled resources.

12156. (a) Except as provided in subdivision (b), no state agency
shall purchase any printer or duplication cartridge for which the
manufacturer, wholesaler, distributor, retailer, or remanufacturer
places restrictions on the recycling or remanufacturing of that
cartridge by any other person. For purposes of this section, these
restrictions include, but are not limited to, all of the following:
(1) Reducing the price of the cartridge in exchange for any
agreement not to remanufacture the cartridge.
(2) A licensing agreement on the cartridge that forbids
remanufacturing.
(3) Any contract that forbids the remanufacturing or recycling of
the cartridge.
(b) Notwithstanding subdivision (a), a manufacturer, wholesaler,
distributor, retailer, or remanufacturer who establishes a recycling
or remanufacturing program that is available to its customers may
enter into signed agreements with those customers consenting to the
return of the used cartridge to the manufacturer, wholesaler,
distributor, retailer, or remanufacturer, only for either of the
following purposes:
(1) Recycling and remanufacturing, for purposes of making the
remanufactured cartridge available for purchase.
(2) Recycling.
(c) Each state agency shall print a statement on the cover of its
printer or duplicator cartridge bid packages, or in some other
noticeable place in the bid packet, notifying all bidders that it is
unlawful to prohibit a printer or duplication cartridge that is sold
to the state from being recycled or remanufactured, except as
specified in subdivision (b).
(d) This section does not authorize any violation of the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2
of Division 7 of the Business and Professions Code) or the Unfair
Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of
Division 7 of the Business and Professions Code).
(e) As used in this section, the following terms mean:
(1) "Printer or duplication cartridge" means a cartridge,
including, but not limited to, a toner or ink cartridge, used in
printer or duplication equipment for business or personal use.
(2) "Recycled" means a printer or duplication cartridge that would
otherwise become solid waste, but which has undergone a process of
collecting, sorting, cleansing, treating, or reconstituting, and
which has been returned for the manufacture of new products or the
remanufacture of used cartridges.
(3) "Remanufactured" means a printer or duplication cartridge that
has served its intended end use, but, rather than being discarded or
disposed of, has instead been restored, renovated, repaired, or
recharged, without substantial alteration of its form.