ARTICLE 4. Recycled Materials, Goods, and Supplies [12200. - 12217.]

Cal. Public Contract Code - PCC 4.

in effect

Cal. Public Contract Code - PCC § 12200. Section 12200.

For the purpose of this article, the following definitions shall apply: (a) “CalRecycle” means the Department of Resources Recycling and Recovery, as defined pursuant to Section 40110 of the Public Resources Code. (b) “Business” includes bidders, contractors, and other interested parties that provide services to, or sell products to, the state. (c) “Department” means the Department of General Services. (d) “Director” means the Director of General Services. (e) “Postconsumer material” means a finished material that would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes. (f) “Product categories” include paper products, printing and writing papers, soil amendments and soil toppings, erosion control products, glass, lubricating oils, plastic, paint, tires, tire-derived products, antifreeze, metal, carpet, pavement surfacing, building finishes, and textiles. (g) “Purchase” means any contractual agreement that state agencies use to obtain goods or materials. (h) “Recycled products” mean goods or materials that meet the requirements identified in Section 12209, including any good or material that has been reused or refurbished without substantial alteration of its original form. (i) “Reportable purchase” means the purchase of any goods or materials, with recycled content or not, that may be reported or categorized or classified within one of the product categories identified in Section 12207. (j) “Reportable recycled product purchase” means the purchase of any goods or materials that meet the requirements identified in Section 12209, that may be reported or categorized or classified within one of the product categories identified in Section 12207, including any good or material that has been reused or refurbished without substantial alteration of its original form. (k) “SABRC” means the State Agency Buy Recycled Campaign. (l) “Secondary material” means fragments of finished products or finished products of a manufacturing process, that has converted a resource into a commodity of real economic value, but does not include excess virgin resources of the manufacturing process, such as fibers recovered from wastewater, trimmings of paper machine rolls, mill broke, plastic, or metal trimmings, or shavings, or other residue from a manufacturing process. Secondary material does not include postconsumer material, so that the secondary material plus the postconsumer material plus the virgin material adds up to 100 percent of the product. (m) “State agency” means each entity identified in Section 11000 of the Government Code, and includes the California State University.

Cal. Public Contract Code - PCC § 12201. Section 12201.

(a) The Legislature finds and declares that it is the policy of the state to conserve and protect its resources. The Legislature further finds and declares that the use of recycled products produced as the result of the superior waste management efforts by the state and local governmental entities will help conserve resources and reduce greenhouse gas emissions contributing to global warming pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (b) It is the intent of the Legislature that the state pursue all feasible measures to improve markets for recycled products including, but not limited to, education and training of state agency purchasers and bid evaluation preferences for purchases made by the state. (c) A state agency shall purchase recycled products instead of nonrecycled products, if all of the following requirements are met: (1) Fitness and quality of the products are equal. (2) Recycled products are available at no more than 10 percent greater total cost than nonrecycled products. (3) One of the following situations applies: (A) A state agency uses a leveraged procurement agreement through which both recycled and nonrecycled products are available. (B) A state agency is awarding a contract using Section 14838.5 of the Government Code and receives offers for both recycled and nonrecycled products. (C) A state agency awards a contract without soliciting multiple offers based on a determination that the price is fair and reasonable.

Cal. Public Contract Code - PCC § 12202. Section 12202.

The University of California is not subject to the procurement requirements of this article but shall report, pursuant to Section 12211, on purchases of the products listed in Section 12207 and what percentage of those purchases meet the associated minimum recycled content requirements in Section 12209.

Cal. Public Contract Code - PCC § 12203. Section 12203.

Each state agency shall ensure each of the following: (a) (1) Before January 1, 2020, at least 50 percent of reportable purchases are recycled products. (2) On and after January 1, 2020, at least 75 percent of reportable purchases are recycled products, except for paint, antifreeze, and tires. (3) On and after January 1, 2020, at least 50 percent of reportable purchases of paint, antifreeze, and tires are recycled products. (b) The requirements specified in this article apply to all reportable purchases of goods by state agencies for product categories listed in this article. (c) The reportable purchases of state agencies shall meet each requirement for, and be applied to the total dollar amount of, each specified product category as defined in this article. The purchase of a recycled product from one category may not be applied toward the requirements for, or the total dollar amount of, any other category listed in this article. (d) Each state agency shall require the businesses with whom it contracts to use, to the maximum extent economically feasible in the performance of the contract work, recycled products.

Cal. Public Contract Code - PCC § 12205. Section 12205.

(a) (1) All state agencies shall require all businesses to certify in writing the minimum percentage, if not the exact percentage, of postconsumer material in the products, materials, goods, or supplies offered or sold to the state regardless of whether the product meets the requirements of Section 12209. The certification shall be furnished under penalty of perjury. The certification shall be provided regardless of content, even if the product contains no recycled material. (2) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this subdivision shall specify that the cartridges so comply. (3) A state agency may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site. (b) (1) All businesses shall certify in writing to the contracting officer or his or her representative the minimum percentage, if not the exact percentage, of postconsumer material in the products, materials, goods, or supplies being offered or sold to the state regardless of whether the product meets the requirements of Section 12209. The certification shall be furnished under penalty of perjury. The certification shall be provided regardless of content, even if the product contains no recycled material. (2) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this subdivision shall specify that the cartridges so comply. (3) A state agency may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site.

Cal. Public Contract Code - PCC § 12207. Section 12207.

This article applies to the purchase of goods and materials from the following product categories: (a) Paper products, including, but not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, and hanging files, building insulation and panels, corrugated boxes, paper food serviceware, tissue, and toweling. (b) Printing and writing papers including, but not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications. (c) Soil amendments and soil toppings. (d) Erosion control products. (e) Glass products including, but not limited to, windows, test tubes, beakers, laboratory or hospital supplies, fiberglass (insulation), reflective beads, tiles, construction blocks, desktop accessories, flat glass sheets, loose-grain abrasives, deburring media, liquid filter media, and containers. (f) Lubricating oils including, but not limited to, any oil intended for use in a crankcase, transmission, engine, power steering, gearbox, differential chainsaw, transformer dielectric fluid, cutting, hydraulic, industrial, or automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine. (g) (1) Plastic products including, but not limited to, printer or duplication cartridges, diskette, carpet, office products, plastic lumber, buckets, wastebaskets, containers, benches, tables, fencing, clothing, mats, packaging, signs, posts, binders, sheet, buckets, building products, garden hose, plastic food serviceware, and trays. (2) For purposes of this subdivision, “printer or duplication cartridges” has the same meaning as described in paragraph (2) of subdivision (f) of Section 12209. (h) Paint, including, but not limited to, water-based paint, graffiti abatement, interior and exterior, and maintenance. (i) Antifreeze, including recycled antifreeze, and antifreeze containing a bittering agent or made from polypropylene or other similar nontoxic substance. (j) Retread tires, including, but not limited to, truck and bus tires, and those used on fleet vehicles and passenger cars. (k) Tire-derived products including, but not limited to, flooring, mats, wheelchair ramps, playground surfacing, sports surfacing, parking bumpers, bullet traps, hoses, bumpers, truck bedliners, pads, walkways, tree ties, wheel chocks, rollers, traffic-related products, mudflaps, accessibility ramps, paths and sidewalks, animal care products, including, but not limited to, horse arena surfacing, stall mats, cow mats, and equestrian barn and breezeway flooring, artificial turf, landscaping and rubber mulch, outdoor surfacing, pavers and tiles, and posts. (l) Metals, including, but not limited to, staplers, paper clips, scissors, jacks, rebar, pipe, plumbing fixtures, ladders, file cabinets, shelving, containers, lockers, sheet metal, girders, building and construction products, bridges, braces, nails, and screws. (m) Building finishes, including, but not limited to, open panel office systems. (n) Carpet. (o) Textiles, including, but not limited to, general purpose wipes.

Cal. Public Contract Code - PCC § 12209. Section 12209.

(a) (1) CalRecycle, with the concurrence of the department and in consultation with impacted agencies, shall update the list of products identified in this section and update the minimum recycled content percentages, as determined to be appropriate, commencing January 1, 2026, and every three years thereafter. In updating the list of products identified, CalRecycle shall take into consideration the standards in the United States Environmental Protection Agency Comprehensive Procurement Guidelines for Paper and Paper Products. CalRecycle and the department shall incorporate the updated list of products and minimum recycled content requirements into the State Contracting Manual, the Financial Information System for California, and the financial system of any department not utilizing the Financial Information System for California. CalRecycle shall maintain an internet website with current SABRC products and minimum recycled content requirements. (2) In determining whether the minimum recycled content percentages should be updated pursuant to paragraphs (1) and (3), CalRecycle shall consider, at a minimum, all of the following factors: (A) Market conditions, including supply and demand for the postconsumer recycled materials, collection rates, and bale availability both domestically and globally. (B) Recycling rates. (C) The availability of the recycled material suitable to meet the minimum recycled content requirements. (D) The capacity of recycling or processing infrastructure. (3) CalRecycle, with the concurrence of the department, may set a higher minimum recycled content standard for white 20 pound printing and writing paper and white wove envelopes, either during the triennial review pursuant to paragraph (1) or at any other time after January 1, 2024. (b) For purposes of this article, effective January 1, 2023, and until updated pursuant to subdivision (a), the product categories and minimum content and recyclability requirements identified in subdivisions (c) to (r), inclusive, shall apply: (c) (1) Recycled paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, as specified below. Printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer recycled content fiber, provided that printed newspapers that meet the requirements of Chapter 15 (commencing with Section 42750) of Part 3 of Division 30 of the Public Resources Code shall be considered in compliance with the requirements of this section. (2) Other paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, except as specified below: (A) Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber. (B) Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber. (C) Facial tissue shall consist of at least 10 percent, by fiber weight, postconsumer recycled content fiber. (D) Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber. (E) General purpose paper wipers shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber. (F) Food serviceware, including, but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc. shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber. (d) (1) For recycled soil amendments and soil toppings, at least 80 percent of the product shall consist of compost or mulch materials, or both, that would otherwise be normally disposed of in landfills. (2) As used in this subdivision: (A) “Compost” means a product that meets the following requirements: (i) It results from the controlled biological decomposition of organic materials, including, but not limited to, yard trimmings, green materials, food materials, biosolids and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility, or other source of organic materials. (ii) It is produced by a public or private supplier that is in compliance with CalRecycle’s composting operations regulatory requirements. (B) “Mulch” means a product that meets the following requirements: (i) It results from the mechanical breakdown by chipping and grinding of materials, including, but not limited to, yard trimmings, untreated lumber, and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility. (ii) It is produced by a public or private supplier that is in compliance with CalRecycle’s composting operations regulatory requirements. (iii) It results from the mechanical breakdown by chipping and grinding of dead and dying trees removed to reduce wildfire risk. (e) (1) For recycled erosion control products, the recycled products shall be derived to the greatest extent possible, from no less than 100 percent California recycled organic materials diverted from the solid waste stream or from forest health management that consists of trees generated from the removal of dead and dying trees to reduce wildfire risk, and hydraulic mulch that includes compost made from 100 percent California recycled organic materials or recycled paper, or both, with 100 percent California content, as practicable and feasible. (2) As used in this subdivision: (A) “Recycled erosion control products” mean compost filter socks, compost blankets, and other compost-related erosion products: (i) Compost filter socks are a three-dimensional tubular sediment control and stormwater runoff filtration device consisting of a mesh covering and a filtration medium made of fully composted materials. Compost filter socks come in 5, 8, and 12 inches in diameter. A 5-inch compost filter sock may be considered the functional equivalent of a 12-inch straw wattle. (ii) A compost blanket is a layer of compost protecting bare soil surfaces with slope less than 1.5:1 from wind and water erosion that provides water conservation, weed control, and nutrients for long-term, sustainable vegetation. The blanket may or may not contain a tackifier or be seeded. The blanket may be spread by hand or using a blower truck. (B) “Hydraulic mulch” means an erosion control process that uses a fiber slurry and a tackifier. The slurry is transported in a tank, either truck- or trailer-mounted, and sprayed on prepared ground. The slurry may also contain compost and seeds. (3) When considering the costs of compost-based erosion control measures, state agencies may also consider performance, pollution prevention, and cost of deployment, although when pollutants are present, control of pollutants shall take precedence over cost. (f) For recycled glass, not including glass food and beverage containers, the total weight shall consist of at least 25 percent postconsumer material, except for fiberglass, which shall consist of 30 percent cullet, consistent with Section 19511 of the Public Resources Code. (g) Rerefined lubricating oil shall have a base oil content consisting of at least 70 percent rerefined oil. (h) (1) For recycled plastic products, the total weight shall consist of at least 20 percent postconsumer material. (2) Recycled printer or duplication cartridges shall be remanufactured such that they adhere to specifications equal to or exceeding original equipment manufacturer (OEM) cartridge specifications and approved remanufactured toner cartridge industry standards established by the Standardized Test Methods Committee, or comply with the general requirement for recycled plastic products set forth in paragraph (1). All printer or duplication cartridges shall comply with the requirements set forth in Section 12156. (i) Recycled paint shall have a recycled content consisting of at least 50 percent postconsumer paint. Preconsumer or secondary paint does not qualify as “recycled paint” pursuant to this subdivision. (j) Recycled antifreeze fluid shall have a recycled content of at least 70 percent postconsumer materials. (k) Retreaded tires must use an existing casing that has undergone an approved or accepted recapping or retreading process, in accordance with Chapter 7 (commencing with Section 42400) of Part 3 of Division 30 of the Public Resources Code. (l) For recycled tire-derived products, such as crumb rubber (as a singular, intermediate product), rubber mulch or bark, rubberized sidewalks or tree wells, loose-fill or pour-in-place playgrounds, tiled or rolled recreational flooring, floor and agricultural mats, sports tracks, or synthetic turf infill, the total content shall consist of at least 50 percent recycled used waste tires and the recycled products shall be derived from no less than 100 percent California recycled materials diverted from the solid waste stream. (m) (1) Rubberized pavement surfaces, such as rubberized asphalt concrete and chip seal, the binder shall contain at least 15 percent recycled waste tires by weight and the recycled products shall be derived from no less than 100 percent California recycled materials diverted from the solid waste stream. (2) Recycled asphalt pavement shall contain a minimum of 25 percent reclaimed asphalt pavement by weight, as permitted by specifications and standards developed by the Department of Transportation for recycled paving materials pursuant to Sections 42700 and 42701 of the Public Resources Code, to the extent that the use of such materials meets the Department of Transportation’s performance standards and that the use of such materials is practicable and feasible without impacting the lifespan and durability of the pavement containing the materials. (n) For recycled metal products, the total weight shall consist of at least 10 percent postconsumer material. (o) For reused or refurbished products, there is no minimum content requirement. (p) For building finishes, open office panel systems shall meet the middle range requirements of department state contracts. (q) Carpet shall contain a minimum postconsumer recycled content that shall be determined by the department and published in the State Contracting Manual by July 1, 2018, and subsequently updated by the department. The department shall include carpet recycling requirements for state buildings in the State Contracting Manual. (r) For textiles in general, there is no minimum content requirement. For general purpose textile wipes, the total content shall consist of 100 percent recycled content.

Cal. Public Contract Code - PCC § 12211. Section 12211.

(a) A state agency shall report annually to CalRecycle its progress in meeting the recycled product purchasing requirements and, if necessary, an explanation of circumstances beyond the state agency’s control that prevented the state agency from meeting the recycled product purchasing requirements for specified product categories using the SABRC report format provided by CalRecycle. (b) On or before October 31 of each year, the department shall provide to CalRecycle the following information: (1) A list, by category, of individual reportable recycled products, materials, goods, and supplies that were available for purchase by state agencies from a statewide-use contract, agreement, or schedule during the previous fiscal year. (2) A list, by category, of all reportable products, materials, goods, and supplies that were available for purchase by state agencies from a statewide-use contract, agreement, or schedule, including contract, agreement, or schedule tracking numbers, during the previous fiscal year.

Cal. Public Contract Code - PCC § 12215. Section 12215.

Each state agency may, at the discretion of the individual agency director or their designee, print a statement on recycled products selected by the agency director. This statement shall be determined by the department, in consultation with CalRecycle, and shall be similar to the following: “Contains at least ____ percent postconsumer material.”

Cal. Public Contract Code - PCC § 12217. Section 12217.

(a) State agency procurement and contracting officers, or their designees, from all agencies shall participate in annual mandatory training that is conducted by CalRecycle. The training may be web-based and shall provide a complete review of the benefits of SABRC purchases, how to locate qualifying products, how to report information, and how to explain benefits and requirements to other employees making purchasing decisions. (b) If a state agency does not meet SABRC purchasing requirements in each product category, CalRecycle shall report the state agency to the department. (c) 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. (d) (1) 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. (2) If a recycled product, as defined in subdivision (h) of Section 12200 has special performance requirements necessary for the protection of public safety, as defined by the Department of General Services, the state agency may purchase that product made with virgin material. For the purposes of this paragraph, public safety includes, but is not limited to, structural steel coatings, traffic paint applications, and roadway safety devices. (e) 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. Alternatively, a state contract may require that the vendor take back the product for proper management after it has been used. Upon request by a state agency, CalRecycle shall offer advice and recommendations regarding products and situations in which a take-back requirement is appropriate. (f) To assist the state in meeting the requirements of this article, each state agency, and the department, in consultation with CalRecycle, 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. (g) The department, in consultation with CalRecycle, shall review and revise the purchasing specifications and contract documents used by state agencies in order to eliminate restrictive specifications and discrimination against the purchase of remanufactured or recycled products and to ensure that they are drafted in a manner that results in the maximum state purchase of remanufactured recycled products. All contract provisions impeding the consideration of recycled products shall be deleted in favor of performance standards. Remanufactured products shall conform to performance standards to ensure they are essentially equivalent to new products that perform the same function. (h) (1) In order for state agencies to easily procure SABRC-compliant products, ensure their success in the program, and support the recycled content industry, the department and the California Correctional Training and Rehabilitation Authority shall prioritize the use of recycled content products. (2) The department shall continue to make products that meet the SABRC postconsumer minimum percentage requirements available through statewide contracts, and provide information to state agencies regarding contracted products that meet these requirements. (3) The California Correctional Training and Rehabilitation Authority, in collaboration with CalRecycle, shall make every attempt to procure parts that meet the SABRC postconsumer minimum percentage requirements for the products it creates and sells to state agencies. (i) Any state agency that is required to submit an SABRC report to CalRecycle, pursuant to Section 12211, is subject to a review conducted by CalRecycle or its designee.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026