SECTIONS 12320 - California Statutes

PUBLIC CONTRACT CODE

SECTION 12320

12320. (a) The Legislature shall require contractors to certify in
writing to the contracting officer, or his or her representative,
whether the materials, goods, or supplies offered contain the minimum
percentage of recycled product required by subdivision (d) of
Section 12301. The contractor shall specify the minimum, if not
exact, percentage of recycled product in the product, both the
secondary and postconsumer material content. This certification shall
be furnished under penalty of perjury.
(b) The Legislature, in consultation with the department and the
board, shall review and revise the procurement specifications used by
the Legislature in order to eliminate discrimination against the
procurement or purchase of recycled products whenever quality of a
recycled product is reasonably equal to the same product manufactured
with virgin resources. In determining procurement specifications,
with the exception of any specifications that have been established
to preserve the public health and safety, all legislative procurement
and purchasing specifications shall be established in a manner that
results in the maximum legislative procurement and purchase of
recycled products.
(c) The Legislature, in consultation with the board, shall
establish purchasing practices that ensure, to the maximum extent
feasible, the purchase of materials, goods, and supplies that may be
recycled or reused when discarded.
(d) The Legislature shall give purchase preference to recycled
products when all of the following apply:
(1) The product meets applicable standards.
(2) The product can be substituted for a comparable nonrecycled
product.
(3) The product costs no more than a comparable nonrecycled
product.
(e) To encourage the use of postconsumer waste, the Legislature's
specifications shall require recycled product contracts to be awarded
to the bidder whose product contains the greater percentage of
postconsumer material if the fitness and quality and price meet the
requirements in subdivision (d) of Section 12301 and Section 12310.
(f) The Legislature shall set the following goals for purchases
made by the Legislature or any individual or group of individuals
purchasing on behalf of the Legislature:
(1) By January 1, 1991, at least 10 percent of legislative
purchases are of recycled products.
(2) By January 1, 1993, at least 20 percent of legislative
purchases are of recycled products.
(3) By January 1, 1995, at least 40 percent of legislative
purchases are of recycled products.
(4) The goals specified in this subdivision shall be applied to
the purchase by the Legislature of products described in subdivisions
(b), (c), (d), (e), (f), and (g) of Section 12305 and shall be
applied to the total dollar amount of the combined purchases of those
products.
Each specified goal shall be met for each product listed pursuant
to Section 12305. If at any time a goal has not been met, the
Legislature and the department, in consultation with the board, shall
review procurement policies of the Legislature and shall make
recommendations for immediate revisions to ensure that each goal is
met. Revisions include, but are not limited to, raising the
purchasing preference and altering the goals for all or each recycled
product. The department, in consultation with the board, shall
present its conclusions and recommendations on these revisions of
procurement policies to the Legislature in the department's annual
report pursuant to Section 12225.