SECTIONS 12400-12404 - California Statutes

PUBLIC CONTRACT CODE

SECTION 12400-12404

12400. For purposes of this chapter, "environmentally preferable
purchasing" means the procurement or acquisition of goods and
services that have a lesser or reduced effect on human health and the
environment when compared with competing goods or services that
serve the same purpose. This comparison shall take into
consideration, to the extent feasible, raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, operation,
maintenance, disposal, energy efficiency, product performance,
durability, safety, the needs of the purchaser, and cost.

12401. The Department of General Services, in consultation with the
California Environmental Protection Agency, members of the public,
industry, and public health and environmental organizations, shall
provide state agencies with information and assistance regarding
environmentally preferable purchasing including, but not limited to,
the following:
(a) The promotion of environmentally preferable purchasing.
(b) The development and implementation of a strategy to increase
environmentally preferable purchasing. This may include the
development of statewide policies, guidelines, programs, and
regulations.
(c) The coordination with other state and federal agencies, task
forces, workgroups, regulatory efforts, research and data collection
efforts, and other programs and services relating to environmentally
preferable purchasing.
(d) The development and implementation, to the extent fiscally
feasible, of training programs designed to instill the importance and
value of environmentally preferable purchasing.
(e) The development, to the extent fiscally feasible, of an
environmentally preferable purchasing best practices manual for state
purchasing employees.

12401.5. Within existing resources, the Department of General
Services shall designate a single point of contact for state
agencies, suppliers, and other interested parties to contact
regarding environmentally preferable purchasing issues.

12402. Nothing contained in this chapter shall prohibit, limit, or
supersede recycled content requirements pursuant to any other
provision of law.

12403. Nothing contained in any policy regarding environmentally
preferable purchasing may be construed as requiring the acquisition
of goods or services that do not perform adequately for their
intended use, exclude adequate competition, or are not available at a
reasonable price in a reasonable period of time.

12404. Manufacturers, vendors, or other nongovernmental entities
contracting with the Department of General Services shall certify in
writing that any environmental attribute claims they make concerning
their products and services are consistent with the Federal Trade
Commission's Guidelines for the Use of Environmental Marketing Terms.