CCC Environmentally Preferable Purchasing Policy 2023 Final 9-12-23.pdf

ENVIRONMENTALLY PREFERABLE PURCHASING POLICY

September 12, 2023

1.0 STATEMENT OF POLICY

It is the policy of Contra Costa County to:

• institute practices that reduce waste by increasing product efficiency and effectiveness,

• purchase environmentally preferable products and services that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety to the greatest extent practicable, and

• purchase products that reduce greenhouse gas emissions in their production, shipping, use and discard; and

• purchase products that include recycled content, are durable and long-lasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, are lead and mercury free, and use sustainably harvested wood.

2.0 PURPOSE

This Policy is adopted in order to:

• conserve natural resources,

• minimize environmental impacts such as pollution and use of water and energy,

• eliminate or reduce toxics that create hazards to workers and our community,

• promote practices that improve public and worker health,

• support strong recycling markets,

• reduce materials that are landfilled,

• reduce greenhouse gas emissions,

• address climate changes and global warming

• increase the use and availability of environmentally preferable products that protect the environment,

• identify environmentally preferable products and distribution systems,

• create a model for successfully purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals,

• advance the goals of the County’s Climate Action Plan.

3.0 STRATEGIES FOR IMPLEMENTATION

3.1 Source Reduction

3.1.1 Contra Costa County shall institute practices that reduce waste, encourage reuse, and result in the purchase of fewer products whenever practicable and cost-effective.

3.1.2 Contra Costa County shall purchase remanufactured products such as toner cartridges, furniture, equipment, and automotive parts whenever practicable.

3.1.3 All Contra Costa County Purchasers shall consider short-term and long-term costs in comparing product alternatives. This includes evaluation of total lifecycle costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives.

3.1.4 Purchase products that are durable, long lasting, reusable, or refillable are preferred.

3.1.5 Contra Costa County shall ensure that specifications are developed to provide for the expanded use of environmentally preferable products.

3.1.6 Contra Costa County Request for Proposals will contain language requesting that vendors eliminate packaging or use the minimum amount necessary for product protection. Packaging that is reusable, recyclable, or compostable is preferred, when suitable programs exist. Vendors shall be encouraged to take back and reuse pallets and other shipping and packaging materials.

3.1.7 Contra Costa County shall consider provisions in contracts with suppliers that require suppliers to take back products for reuse or environmentally safe recycling when Contra Costa County discards or replaces such equipment.

3.1.8 All documents shall be printed and copied on both sides to reduce the use and purchase of paper. County copiers will be installed with this feature enabled on those copiers where the feature is available.

3.1.9 Promote electronic distribution of documents rather than printing or copying.

3.2 Recycled Content Products

3.2.1 Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products. No equipment of this type will be purchased by the County with features that preclude the use of recycled or remanufactured supplies.

3.2.2 In accordance with California Public Contract Code, Sec. 10409, Contra Costa

County shall purchase re-refined lubricating and industrial oil for use in its vehicles and other equipment, if it is readily available and certified by the American Petroleum Institute (API) as appropriate for use in such equipment.

3.2.3 County staff will research the use of low carbon concrete for building construction projects, roads/bridges, and flood control structures.

3.2.4 In accordance with the Recovered Organic Waste Product and Recycled Paper Procurement Policy (Policy), County Departments are required to purchase paper products that consist of 30% post-consumer fiber, if fitness and quality are equal to that of non-recycled items and available at no greater cost than nonrecycled products. Other paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, except as specified below in accordance with Public Contract Code 12209:

(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.

The Policy also requires the procurement of mulch, compost, renewable gas, or electricity procured from biomass conversion in compliance with Senate Bill 1383.

3.2 Energy and Water Savings

3.2.1 Energy-efficient equipment shall be purchased with the most up to date energy efficiency functions. This includes, but is not limited to, high efficiency space heating and cooling systems.

3.2.2 Contra Costa County shall replace inefficient interior lighting with energy efficient equipment (LEDs), and replace halogen, incandescent, T-12, high pressure sodium and metal halide lighting with LEDs.

3.2.3 Contra Costa County shall replace inefficient exterior lighting, street lighting and traffic signal lights with energy-efficient equipment. Exterior lighting shall be minimized where possible to avoid unnecessary lighting of architectural and landscape features while providing adequate illumination for safety and accessibility.

3.2.4 When considering electronic products Contra Costa County will include in its specifications that for products where U. S. EPA Energy Star certification is available, the products must meet the latest Energy Star certification standards. The County shall specify that desktop computers, notebooks and monitors purchased meet, at a minimum, all Electronic Product Environmental Assessment Tool (EPEAT) environmental criteria designated as “required” as contained in the IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products. Computers should be set to “sleep setting” after 10 minutes of inactivity and go into a sleep mode after 15 minutes of inactivity.

3.2.5 Contra Costa County shall purchase and install all electric space and water heating for new County facilities. Exceptions will be approved by the County Administrator.

3.2.6 Contra Costa County shall purchase water-saving products. This includes, but is not limited to, high-performance fixtures like toilets, low-flow faucets, and aerators, and upgraded irrigation systems.

3.3 Green Buildings

3.3.1 All building and renovations undertaken by Contra Costa County shall follow Green Building Practices for design, construction, and operation, as well as meet the highest level of LEED for Building Design and Construction (BD+C), or equivalency, where technically and economically feasible.

3.4 Landscaping

3.4.1 All landscape renovations, construction and maintenance performed by Contra Costa County, including workers and contractors providing landscaping services for Contra Costa County, shall employ water conservations methods and sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but not limited to, integrated pest management, grasscycling, drip irrigation, and procure compost and mulch that is in compliance with Senate Bi l l 1383 and may give preference to those produced from regionally generated plant debris and/or food waste programs.

3.4.2 Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color.

Native and drought-tolerant landscaping that require no or minimal watering once established are preferred.

3.4.3 Hardscapes and landscape structures constructed of recycled content materials are encouraged. Contra Costa County shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios, and driveways.

3.4.4 In compliance with Senate Bill 1346, Contra Costa County staff shall transition to battery/electric powered landscaping equipment.

3.5 Toxics and Pollutants

3.5.1 Contra Costa County shall purchase, use, and require custodial contractors to use certified non-toxic laundry, industrial and institutional cleaning products in non-aerosol containers that meet Green Seal certification standards for environmental preferability and performance to the extent that products are available.

3.5.2 Contra Costa County shall move towards purchasing and requiring janitorial contractors to supply vacuum cleaners that meet the requirements of the Carpet and Rug Institute "Green Label" Testing Program - Vacuum Cleaner Criteria. As Contra Costa County replaces vacuums, new purchases will include vacuums that capture 99.97% of particulates or 0.3 microns in size and operate with a sound level less than 67dBA.

3.5.3 Custodial Services will use microfiber cleaning cloths that capture fine particulates using less wetting agents.

3.5.4 The use of chlorofluorocarbon and halon-containing refrigerants, solvents and other products shall be phased out and new purchases of heating/ventilating/air conditioning, refrigeration, insulation, and fire suppression systems shall not contain them.

3.5.5 All surfactants and detergents shall be readily biodegradable and shall not contain phosphates.

3.5.6 When maintaining buildings and landscapes, Contra Costa County shall manage pest problems through prevention and physical, mechanical, and biological controls in accordance with the Contra Costa County Integrated Pest Management (IPM) program which practices using the least toxic pest control as a last resort.

3.5.7 When maintaining buildings, Contra Costa County shall use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when practicable when purchasing materials such as paint, carpeting, adhesives, furniture, and casework.

3.5.8 Contra Costa County shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to:

• Purchasing paper, paper products, and janitorial paper products that are in compliance with Senate Bill 1383 and are unbleached or that are processed without chlorine or chlorine derivatives, whenever possible.

• Prohibiting purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, office binders, furniture, flooring, and medical supplies whenever practicable.

3.5.9 Contra Costa County shall purchase products and equipment with no lead or mercury, whenever possible. For products that contain lead or mercury, Contra Costa County shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs.

3.5.10 In accordance with Ordinance 2019-25 and Administrative Bulletin 543, Contra Costa County prohibits the sale of Polystyrene Food Service Ware and requires Food Vendors to use only Environmentally Friendly Food Service Ware. Lessees of County facilities, County contractors and County departments are required to use Environmentally Friendly Food Service Ware.

As referenced in 3.2.4, Assembly Bill 661 requires 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.

3.5.11 Contra Costa County shall purchase products to the extent possible that do not contain perfluoroalkyl and polyfluoroalkyl substances (PFAS) that have been intentionally added to the product, or is at or above 100 parts per million, as measured in total organic fluorine, as determined by a third-party certification system. Assembly Bill 1817 provides specific requirements for manufacturing, distributing, or offering for sale food packaging and textiles that contains regulated PFAS.

3.5.12 All new and/or replacement vehicles shall be Zero-Emission Vehicles, unless otherwise approved by the County Administrator’s Office in accordance with Contra Costa County Administrative Bulletin 508.6 County Vehicle and Equipment Acquisition and Replacement Policy, and Zero-Emission Vehicle Policy and Goals.

3.6 Forest Conservation

3.6.1 To the greatest extent practicable, Contra Costa County shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. Contra Costa County shall purchase alternatives to treated wood in indoor and outdoor applications. If no practical alternatives to treated wood are available for an intended use, Contra Costa County shall purchase the least-toxic treated wood that meets the specifications of the intended use.

3.6.2 Contra Costa County encourages the purchase or use of previously used or salvaged wood and wood products.

3.7 Bio-Based Products

3.7.1 When zero emission vehicles are not available or operationally infeasible, vehicles powered with alternative fuels made from non-wood, plant-based contents such as vegetable oils are encouraged. In addition, the carbon intensity (CI), as certified by the California Air Resources Board (CARB), of bio-based alternative fuels used shall be the lowest available for the type of fuel needed.

3.7.2 Paper, paper products and construction products made from non-wood, plant-based contents such as agricultural crops and residues are encouraged.

3.7.3 Bio-based plastic products that are biodegradable and compostable, such as bags, film, food and beverage containers, and cutlery, are encouraged.

3.7.4 Compostable plastic products purchased shall meet American Society for Testing and Materials (ASTM) standards as found in ASTM D6400-04.

Biodegradable plastics used as coatings on paper and other compostable substrates shall meet ASTM D6868 standards.

3.7.5 Proof of compliance with ASTM standards for compostable, biodegradable, and degradable plastic products shall be provided by vendors of such products, upon request. One acceptable proof of compliance for compostable plastic products will be certification by the Biodegradable Products Institute

(BPI).

3.7.6 Purchase products that minimize greenhouse gas emissions over the entire product lifecycle. When practical, request life cycle product environmental impact data through Environmental Product Declarations (EPDs). Use EPD data among like products to identify and select options with lower life cycle impacts.

4.0 PRIORITIES

4.1 The health and safety of workers and citizens is of utmost importance and takes precedence over all other policies. Contra Costa County has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or biobased.

4.2 Nothing contained in this policy shall be construed as requiring a department, purchaser, or contractor to procure products 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.

4.3 Nothing contained in this policy shall be construed as requiring Contra Costa County, department, purchaser, or contractor to take any action that conflicts with local, state, or federal requirements.

5.0 IMPLEMENTATION

5.1 The Director of Public Works, or designee, shall implement this policy in coordination with the County Administrator and appropriate County personnel.

5.2 As applicable, successful bidders shall certify in writing that the environmental attributes claimed in competitive bids are accurate. In compliance with State law, vendors shall be required to specify the minimum or actual percentage of recovered and post-consumer material in their products, even when such percentages are zero.

5.3 Upon request, buyers making the selection from competitive bids shall be able to provide justification for product choices that do not meet the environmentally preferable purchasing criteria in this policy.

5.4 Purchasers should include businesses certified by the California Green

Business Network and Contra Costa Green Business Program in requests for products and services.

5.5 Vendors, contractors, and grantees shall be encouraged to comply with applicable sections of this policy for products and services provided to the County.

6.0 PROGRAM EVALUATION

6.1 The Director of Public Works or designee will be responsible for implementing this policy and shall evaluate the success of this policy’s implementation every five years.

DEFINITIONS

“American Society for Testing and Materials” means ASTM International, an open forum for the development of high quality, market relevant international standards use around the globe.

“Bio-Based Products” means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues, but does not include products made from forestry materials.

“Biodegradable plastic” means the degradation of the plastic must occur as a result of the action of naturally occurring microorganisms.

“Biodegradable Products Institute” (BPI) is a multi-stakeholder association of key individuals and groups from government, industry, and academia, which promotes the use, and recycling of biodegradable polymeric materials (via composting). BPI does not create standards but certifies products that demonstrate they meet the requirements in ASTM D6400 or D6868, based on testing in an approved laboratory.

“Buyer” means anyone authorized to purchase or contract for purchases on behalf of Contra Costa County or its subdivisions.

“California Green Business Network and Contra Costa Green Business Program” is a partnership of governments and businesses that certifies the environmental performance of government agencies and businesses.

“The Carpet and Rug Institute” (CRI) is the national trade association representing the carpet and rug industry. CRI has developed and administered the “Green Label” indoor air quality testing and labeling program for carpet, adhesives, cushion materials and vacuum cleaners. The “Green Label Plus” testing program incorporates additional requirements to meet California’s Collaborative for High Performance Schools low emitting materials criteria.

“Chlorine free” means products processed without chlorine or chlorine derivatives.

“Compostable plastic” means plastic that is biodegradable during composting to yield carbon dioxide, water and inorganic compounds and biomass, at a rate consistent with other known compostable materials and leaves no visually distinguishable or toxic residues.

“Contractor” means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor, or other entity that has a contract with Contra Costa County or serves in a subcontracting capacity with an entity having a contract with Contra Costa County for the provision of goods or services.

“Degradable plastic” means plastic that undergoes significant changes in its chemical structure under specific environmental conditions.

“Dioxins and furans” are a group of chemical compounds that are classified as persistent, bio-accumulative, and toxic by the U.S. Environmental Protection Agency

(EPA).

“Energy Star” means the U.S. EPA’s energy efficiency product labeling program.

“Energy Efficient Product” means a product that is in the upper 20% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets State of California efficiency standards and State Title 24.

“Environmentally Preferable Products and Services” means products and services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.

“Electronic Product Environmental Assessment Tool” (EPEAT) is a procurement tool to help institutional purchasers in the public and private sectors evaluate, compare, and select desktop computers, notebooks and monitors based on their environmental attributes. Under EPEAT manufacturers declare their products’ conformance to a comprehensive set of environmental criteria in 8 environmental performance categories. The operation of EPEAT and the environmental criteria are contained in the public standard IEEE 1680.

“Green Building Practices” means a whole-systems approach to the design, construction, and operation of buildings and structures that help mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green Building Practices such as those described in the LEED™ Rating System, recognize the relationship between natural and built environments and seeks to minimize the use of energy, water, and other natural resources and provide a healthy productive environment.

“Green Seal” is an independent, non-profit environmental labeling organization. Green Seal standards for products and services meet the U.S. EPA’s criteria for third-party certifiers. The Green Seal is a registered certification mark that may appear only on certified products.

“Integrated Pest Management (IPM)” is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.

“LEED™ Rating System” means the most recent version of the Leadership in Energy and Environmental Design (LEED TM) Commercial Green Building Rating System, or other related LEED TM Rating System, approved by the U.S. Green Building Council and designed for rating new and existing commercial, institutional, and high-rise residential buildings.

“Per- and Polyfluorinated Substances” (PFAS) means a group of chemicals used to make fluoropolymer coatings and products that resist heat, oil, stains, grease, and water. Fluoropolymer coatings can be in a variety of products.

“Post-consumer Material” means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes.

“Practical” and “Practicable” mean whenever possible and compatible with local, state, and federal law, without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time.

“Pre-consumer Material” means material or by-products generated after manufacture of a product is completed but before the product reaches the end- use consumer. Pre-consumer material does not include mill and manufacturing trim, or scrap, which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process.

“Recovered Material” means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes pre-consumer and post-consumer material, but does not include excess resources of the manufacturing process.

“Recycled Content” means the percentage of Recovered Material, including pre-consumer and post-consumer materials, in a product.

“Recycled Content Standard” means the minimum level of recovered material and/or post-consumer material necessary for products to qualify as “recycled products.”

“Recycled Product” means a product that meets Contra Costa County’s recycled content policy objectives for post-consumer and recovered material.

“Remanufactured Product” means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form.

“Reused Product” means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting, or minor repairs.

“U.S. EPA Guidelines” means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002, and any subsequent versions adopted.

“Water-Saving Products” are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water conserving than the minimum level that meets the Federal standards.

“Zero-Emission Vehicles” include full battery-electric, hydrogen fuel cell, and plug-in hybrid-electric vehicles.