Environmental_Purchasing_Policy_and_Attachments.pdf

Policy #

Subject: Environmentally Preferable Purchasing Policy Responsible Department: General Services Effective Date: 6/2004 Revision Date: 3/2022

Ann Edwards County Executive

David Villanueva Deputy County Executive

Jeffrey A. Gasaway Director, Department of General Services

1. Purpose is to support the purchase of recycled and environmentally preferable products, and reduce waste to minimize environmental impacts of our work.

2. Authority

Sacramento County Policy and State of California SB1383 Regulations

3. Scope

The policy applies to all county departments.

4. Policy

The County of Sacramento recognizes that employees can make a difference in favor of environmental stewardship through contractual relationships and purchasing practices. The types of products and services purchased by the County of Sacramento has a big impact on our environment, our residents, and our employees.

Environmentally preferable products and services shall be evaluated in all procurements whenever they perform satisfactorily and are available at a reasonably competitive price. Where possible this includes the reduction or elimination of single use products. Additionally, state law now requires the County to purchase Recovered Organic Waste Products and recycled content paper.

5. Review Bi-Annually, or as Government or County Codes change.

Attachments:

Attachment 1 Environmentally Preferable Purchasing Guidelines and Procedures Attachment 2 Definitions Attachment 3 SB 1383 Recycled Content Paper Procurement Requirements Attachment 4 SB 1383 Recovered Organic Waste Product Procurement Requirements

COUNTY OF SACRAMENTO

ENVIRONMENTALLY PREFERABLE PURCHASING

GUIDELINES AND PROCEDURES

PURPOSE

The purpose of the Environmentally Preferable Purchasing (“EPP”) policy is to support the purchase of recycled and environmentally preferable products, and reduce waste to minimize environmental impacts of our work. The County of Sacramento recognizes that employees can make a difference in favor of environmental stewardship through contractual relationships and purchasing practices. The types of products and services purchased by the County of

Sacramento has a big impact on our environment, our residents, and our employees.

The purchase of environmentally preferable products and services shall be evaluated in all procurements whenever they perform satisfactorily and are available at a reasonably competitive price. Where possible this includes the reduction or elimination of single use products. Additionally, state law now requires the County to purchase Recovered Organic Waste Products and recycled content paper.

GOALS

The goals of this policy are to:

Protect and conserve natural resources, water and energy;

Minimize the County’s contribution to climate change, pollution, and solid waste disposal;

Provide guidance for County departments on environmentally preferable purchasing;

Comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations). SB 1383 (2016) requires:

o Procurement of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and to support markets for products made from recycled and recovered Organic Waste materials; and o Procurement of Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper.

Comply with directives in the County of Sacramento Climate Emergency Resolution No. 2020-0856; and

Comply with directives in the County of Sacramento Climate Action Plan.

DocuSign Envelope ID: B028FD04-CA1F-414A-A13A-842EE6700D48

Definitions related to this policy are attached hereto as Attachment 2.

MANDATORY PROCUREMENT PRACTICES

In cooperation with their internal and external customers, the County of Sacramento (throughout this document the term “County” includes all

County of Sacramento agencies, departments, and divisions) shall purchase the following recycled products:

A. Printing and Writing Papers, including all imprinted letterhead paper, envelopes, copy paper and business cards. These shall contain a minimum of 30% postconsumer recycled content. (Refer to Attachment 3 – SB 1383 Recycled-Content Paper Procurement Requirements)

B. Paper Products, including janitorial supplies, shop towels, hand towels, facial tissue, toilet paper, seat covers, corrugated boxes, file boxes, hanging file folders and other products comprised largely of paper. (Refer to Attachment 3 – SB 1383 Recycled-Content Paper Procurement Requirements)

C. Recovered Organic Waste Products, including SB 1383 Eligible Compost, SB 1383 Eligible Mulch, SB 1383 Eligible Renewable Gas, and SB 1383 Eligible Electricity Procured from Biomass Conversion.

(Refer to Attachment 4 – SB 1383 Organic Waste Product

Procurement Requirements)

PREFERRED PROCUREMENT PRACTICES

A. Product Categories In cooperation with their internal and external customers, the County shall at a minimum, evaluate the following environmentally preferred product categories and purchase them whenever practical:

1. Remanufactured laser printer toner cartridges and remanufactured refillable ink-jet cartridges

2. Janitorial and cleaning products with County recognized Ecolabels

3. Re-refined antifreeze, including on-site antifreeze recycling

4. Re-refined lubricating and hydraulic oils

5. Renewable CNG and diesel fuels in place of traditional CNG and diesel fuels for County vehicles in on- and off-road fleets using these fuels

(Final Draft Climate Action Plan Policies GOV-FL-02 and GOV-FL-03).

6. Recycled plastic outdoor-wood substitutes, including plastic lumber, benches, fencing, signs and posts

7. Recycled content construction, building and maintenance products, including plastic lumber, carpet, tiles, and insulation

8. Re-crushed cement concrete aggregate and asphalt

9. Cement and asphalt concrete containing tire rubber, glass cullet, recycled fiber, plastic, fly ash or other alternative products, or low carbon concrete

10. Re-treaded tires and products made from recycled tire rubber including rubberized asphalt, playground surfaces and fatigue mats

11. Recycled content paint

12. Landscaping that fits the natural ecosystems and fosters soil health,reduces runoff and pollution, prevents and reuses plant waste, and conserves water and other natural resources

13. Energy efficient appliances, lighting, and building materials Water efficient products where available, including for upgrades or refurbishments

14. Furniture made with recycled content to promote waste diversion and furniture that does not include certain chemical additives to improve indoor air quality and employee and resident health

15. EPEAT registered technology and electronic products

16. Other products or services that are available in the marketplace or as designated by General Services

B. Sustainability Considerations

Sustainability considerations by County employees responsible for purchasing decisions and in furtherance of this policy, include but are not limited to:

1. Third-party environmental certifications as approved by the State of

California Third Party Environmental Certifications by Category and/or the Environmental Protection Agency Recommendation of Specifications, Standards, and Ecolabels for Federal Purchasing

2. Opportunities for product source reduction

3. Product life-cycle impacts and costs

4. Greenhouse gas emissions and compatibility with the carbon neutrality Goals in Climate Emergency Resolution 2020-0856 (this may factor into the location and transportation of products or services)

5. Equity and environmental justice impacts

6. Pollutant releases in manufacturing, transport, and use of products, and related services

7. Toxicity, especially the use of persistent, bio-accumulative and toxic chemicals

8. Energy and water consumption considerations, in product production and life-cycle, and in the delivery of services

9 Impacts on natural resources, biodiversity and habitat

10. Consideration of impacts on County resident and employee health file:///C:/Users/LeeSarah/Downloads/ThirdPartyMatrix_ADA_Final_20170117%20(1).pdf

C. Fiscal Considerations

Fiscal considerations by County employees responsible for purchasing decisions and in furtherance of this policy include, but are not limited to:

1. Availability of environmentally preferable products and services in the marketplace and pricing compared to less desirable alternatives

2. Use reduction opportunities Countywide

3, Life-cycle cost assessment to identify the lowest total life-cycle cost to the County, including: performance, durability, repairability, disposal, and replacement costs

4. Opportunities to leverage buying power for Countywide or cross depart-mental purchases where practical

5. Impacts on County staff time and labor

6. Long-term financial or other market changes

1. WASTE PREVENTION PRACTICES

All County employees are encouraged to reduce their consumption of resources by incorporating the following practices into their daily activities and operations. Accomplishment of these activities will be through appropriate staff diligence and resources such as County newsletters and the

County Public Information Office (“PIO”).

A. Consider durability and repairability of products prior to purchase

B. Conduct routine maintenance on products or equipment to increase their useful life

C. Use duplex features on printers and copiers, and specify duplex on print jobs D. Create electronic letterhead for Countywide use

E. Send and store information electronically when possible F. Review record retention policies and implement document imaging systems G. Identify and eliminate single use products where coalternatives are available H. Use surplus County property in lieu of new purchases when available I. Use interdepartmental or interagency loans or other pooled resources in lieu of new purchases when practical J. Other waste prevention practices that further the goals of this policy

RESPONSIBILITIES

A. County Agencies, Departments, and Divisions All County agencies, departments, and divisions are responsible for the implementation of this policy and shall:

1. Practice waste prevention and reduction whenever possible by reducing the purchase of items that cannot be recycled locally, and by reusing items as much as possible.

2. Continue to utilize recycling programs and expand programs where possible.

3. Procure recycled or environmentally preferable products and services whenever practical.

4. Develop, evaluate and maintain information about environmentally preferable and/or recycled products containing the maximum practical amount of recycled materials. Cross-share information with other departments when potential shared use of a product exists.

5. Develop specifications used in public bidding aimed at eliminating barriers to recycled-content or environmentally preferable products, such as outdated or overly stringent product specifications and specifications not related to product performance.

6. Develop specifications that include environmentally preferable attributes where practical or available and where the requirement does not unduly restrict competition.

7. Ensure that procurement documents issued by the departments require environmental preferred alternatives whenever practical.

8. Educate and promote this policy through appropriate staff and the use of department communications, such as PIOs, newsletters, special events, etc. This should include documentation of successes, challenges, changes, and goals, etc.

9. Provide the Department of General Services, Contracts and Purchasing

Services Division (“CAPSD”) as directed by the Recordkeeping Designee with information on recycling activities, recycling programs, recycled-content purchases, and SB 1383 eligible purchases.

10. Inform employees of their responsibilities under this policy and provide information on recycled products and environmental preferable procure-ment opportunities.

11. Submit new ideas or suggestions to CAPSD in furtherance of this policy.

B. Department of General Services

The Department of General Services, CAPSD shall:

1. Maintain and use information, furnished by its customers, about environmentally preferable and recycled products containing the maximum practical amount of recycled materials and encourage the County to purchase such products whenever possible.

2. Provide County purchasers with vendor furnished information about recycled products and environmental procurement opportunities.

3. Inform vendors of the County’s EPP Policy and include contract clauses required for SB 1383 compliance.

4. Structure applicable contracts to offer and/or feature recycled content products and services whenever possible, or as required pursuant to SB 1383.

5. Encourage development of specifications used in public bidding aimed at eliminating barriers to recycled-content products and environmentally preferable products, such as outdated or overly stringent product specifications and specifications not related to product performance.

6. Ensure all requests for proposals encourage vendors to offer recycled, or environmentally preferable products and sustainable business practices whenever practical.

7. Propose inclusion of Eco-labels or other third party certifications in contract specifications wherever practical.

8. Provide information to departments on State of California competitively procured “Buying Green” contracts that are available for County use.

9. Revise this EPP policy as needed to reflect current best practices, changes in the marketplace, innovations, revised legal require-ments, or goals.

2. MANDATORY PURCHASING RECORDKEEPING

RESPONSIBILITIES

A. The Department of General Services will be the responsible department and will select an employee to act as the

Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste

Products and Recycled-Content Paper Products and Recycled-

Content Printing and Writing Paper.

B. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-

Content Paper Products, and Recycled-Content Printing and

Writing Paper:

1. Maintain copies of invoices or receipts or other proof of purchase that describe the procurement of Printing and

Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing

Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and

Paper Products. These records must be kept as part of Jurisdiction’s documentation of its compliance with 14 CCR

Section 18993.3.

2. Maintain copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the County to develop evidence of County meeting its

Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the County’s documentation of its compliance with 14 CCR Section

18993.1.

3. Maintain documentation submitted by the County, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee in accordance with

Attachments 3 and 4.

4. Compile an annual report on the County’s direct procurement, and vendor/other procurement on behalf of the County, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content

Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section

18993.2 for the Annual Recovered Organic Waste Product

Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled-Content

Printing and Writing Paper procurement. This report shall be made available to the County’s Department of Waste

Management and Recycling, the responsible entity for compiling the annual report to be submitted to CalRecycle pursuant to 14 CCR Division 7, Chapter 12, Article 13.

References, resources

EPA Final Guidance on Environmentally Preferable Purchasing

State of California Buying Green Guide

14 California Code of Regulations 18993, et seq.

Resolution 2020-0856 of the Board of Supervisors, County of

Sacramento, State of California, Declaring a Climate Emergency

SB 1383 – California’s Short-lived Climate Pollutant Reduction Strategy

County of Sacramento Climate Action Plan https://www.epa.gov/sites/production/files/2015-09/documents/finaleppguidance.pdf https://www.dgs.ca.gov/PD/Resources/Find-EPP-Goods-and-Services https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I16A07FADFC0E4126A007F492DC207387&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) http://www2.agendanet.saccounty.net/BoardOfSupervisors/Documents/ViewDocument/Item%209%20-%20Executed%20Material%2012-16-20.pdf.pdf?meetingId=6728&documentType=Minutes&itemId=375186&publishId=925593&isSection=false https://www.calrecycle.ca.gov/organics/slcp https://planning.saccounty.net/PlansandProjectsIn-Progress/Pages/CAP.aspx

POLICY

Attachment 2

DEFINITIONS

Terms used in this policy are given the following meaning:

1. “Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the County is required to procure annually under 14

CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic

Waste per California resident per year, times the County’s unincorporated residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will provide notice to the County of its Annual Recovered Organic Waste Product Procurement Target by posting such information on CalRecycle’s website and providing written notice directly to the County.

2. “Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to the County pursuant to a contract or other written agreement or as otherwise defined in 14

CCR Section 18982(a)(17). Direct Service Provider includes Vendors, Contractors, and/or Consultants as may otherwise be defined in County contract documents.

3. “Eco-labels” means labels that are placed on product packaging or catalogs that can help purchasers quickly and easily identify those products that meet specific environmental performance criteria and are therefore deemed “environmentally preferable.” Ecolabels can be owned or managed by government agencies, nonprofit environmental advocacy organizations, or private sector entities. The County recognizes eco-labels as approved by the State of California Third Party Environmental Certifications by Category and/or the Environmental Protection Agency

Recommendations of Specifications, Standards, and Ecolabels for

Federal Purchasing.

4. “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 takes into consideration, to the extent feasible, raw materials acquisition, DocuSign Envelope ID: B028FD04-CA1F-414A-A13A-842EE6700D48 https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the needs of the purchaser, and cost.

5. “Environmentally Preferable Products” means products that have a lesser impact on human health and the environment when compared with competing products. This comparison may 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.

6. “Environmentally Preferable Services” means services that have a lesser impact on human health and the environment when compared with competing services. This comparison may 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. This comparison also includes service providers that account for, or commit to addressing, environmental, health, and sustainability impacts in their own supply chain, and in the delivery of their services.

7. “Life-cycle Analysis” means factoring a product or service’s environmental impacts throughout its life-cycle into purchasing decisions. A product or service has environmental impacts, both long before and long after it is purchased and used. A product's life-cycle includes activities associated with raw material acquisition, product manufacturing, packaging and transportation, product use, and ultimate disposal. This includes an assessment of available recycling markets for products and how easily the item may be recycled.

8. “Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing And Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR

Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

9. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14

CCR Section 18982(a)(51).

10. “Practical” means where a product or service is satisfactory in performance and reasonably available in the marketplace at a reasonably competitive cost.

11. “Printing and Writing Papers” include, but are 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; or as otherwise defined in 14 CCR Section 18982(a)(54).

12. “Procurement of Recovered Organic Waste Products” shall mean the purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the County or others. The County’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the County or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the County’s behest.

13. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, SB 1383 Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article

12.

14. “Recordkeeping Designee” means the public employee appointed by the County or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the

County and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.

15. "Recyclability" means that the Paper Products and Printing and Writing Paper offered or sold to the County are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations

Section 260.12 (2013).

16. “Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.

17. “Recycled Products” means products manufactured with waste material that has been recovered or diverted from the waste stream.

Recycled material may be derived from post-consumer waste (material that has served its intended end-use and been discarded by a final consumer), industrial scrap, manufacturing waste and/or other waste that otherwise would not have been utilized.

18. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace.

19. "Renewable Gas” means methane gas derived from a biogas source

(eg. landfill, wastewater digester, or dairy) that has been purified for use as an energy source.

20. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added

Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.

21. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

22. “SB 1383 Eligible Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR

Section 17896.2(a)(4).

Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14

CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under

14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.

23. “SB 1383 Eligible Electricity Procured from Biomass Conversion” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the County’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in

14 CCR Section 18993.1(i).

24. “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual

Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. SB 1383 Eligible Mulch excludes mulch from chipping and grinding operations. SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section

18993.1(f)(4):

1. Produced at one of the following facilities:

a. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section

17852(a)(10);

b. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR

Division 7; or,

c. A solid waste landfill as defined in Public Resources Code

Section 40195.1 that is permitted under 27 CCR Division 2.

2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3, as enforced by County contract terms.

25. “SB 1383 Eligible Renewable Gas” means gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR

Section 18982(a)(62).

26. “Single-use products” means products that can only be used once and then enter the waste stream.

27. “Source Reduction” means products that result in a net reduction in the generation of waste compared to their previous or alternate version.

This may include, but is not limited to, reducing the use of non-recyclable materials; replacing disposable materials and products with reusable materials and products; using durable, reusable, and remanufactured products; products with no, or reduced, toxicity, and products with no, or reduced, packaging.

28. “Sustainability” means a method of using a resource so that the resource is not depleted or permanently damaged. It is the long-term maintenance of well-being, which has environmental, economic, and social dimensions, and encompasses the concept of stewardship, the responsible management of resource use.

29. "Waste Prevention" means any action undertaken by an individual or organization to eliminate or reduce the amount or toxicity of materials before they enter the municipal solid waste stream. This action is intended to conserve resources, promote efficiency, and reduce pollution.

Attachment 3

SB 1383 RECYCLED-CONTENT PAPER PROCUREMENT REQUIREMENTS

1. Requirements for County

A. Section 22150 of the Public Contract Code (“PCC”) requires local governments to purchase recycled products instead of non-recycled products whenever recycled products are available at the same or a lesser total cost than non-recycled items, if fitness and quality are equal.

B. SB 1383 regulations require the County to procure Paper Products and Printing and Writing Paper consistent with the requirements of Sections 22150 through 22154 of the PCC. If fitness and quality of Recycled-Content Paper Products and Recycled-Content

Printing and Writing Paper are equal to that of non-recycled items, all County departments and divisions shall purchase Recycled-

Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the PCC, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.

C. All Paper Products and Printing and Writing Paper purchased shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

D. Provide records to the Recordkeeping Designee of all Paper

Products and Printing and Writing Paper purchases within thirty

(30) days, or as directed by County, of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the County.

Records shall include a copy of the invoice or other documentation of purchase, written certifications as required for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided.

2. Requirements for Vendors

A. All vendors that provide Paper Products (including janitorial Paper

Products) and Printing and Writing Paper to County shall:

1. Provide Recycled-Content Paper Products and Recycled-Content

Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item, and available at equal or lesser price.

2. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and

Printing and Writing Paper offered or sold to the County. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, under penalty of perjury, that the Paper

Products and Printing and Writing Paper offered or sold to the County is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12

(2013).

5. Provide records to the Recordkeeping Designee of all Paper

Products and Printing and Writing Paper purchased from the vendor within thirty (30) days of the purchase, or as directed by

County (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the

County. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required for recycled-content purchases, purchaser name, quantity purchased, date purchased, dollars spent for each type of product, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non- Recycled-

Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or

Recycled-Content Printing and Writing Paper were not provided.

B. All vendors providing printing services to the County, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by PCC Section

12209.

Attachment 4

SB 1383 RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT

REQUIREMENTS

Each year, the County is required to procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual

Recovered Organic Waste Product Procurement Target.

Products that may be procured include the following (provided that each product meets the criteria included in their respective definition in Attachment 2 of this Policy):

1. SB 1383 Eligible Compost

2. SB 1383 Eligible Mulch

3. SB 1383 Eligible Renewable Gas (in the form of transportation fuel, electricity, or heat)

4. SB 1383 Eligible Electricity Procured from Biomass Conversion

The Annual Recovered Organic Waste Products Target is 0.08 tons of Organic

Waste per County resident per year. The most recent jurisdiction population annual data is reported by the California Department of Finance:

https://www.saccounty.net/Government/Pages/DemographicsandFacts.aspx http://www.dof.ca.gov/Forecasting/Demographics/

REQUIREMENTS

A. SB 1383 Eligible Compost and SB 1383 Eligible Mulch procurement. County Departments responsible for and Direct Service Providers of landscaping, maintenance, renovation, or construction, shall:

1. Use SB 1383 Eligible Compost and SB 1383 Eligible Mulch produced from Recovered Organic Waste, as defined in

Attachment 2 of this Policy, for landscaping maintenance, renovation, or construction, whenever available, and capable of meeting quality standards and criteria specified.

SB 1383 Eligible Mulch used for land application must meet

DocuSign Envelope ID: B028FD04-CA1F-414A-A13A-842EE6700D48 https://www.saccounty.net/Government/Pages/DemographicsandFacts.aspx https://www.saccounty.net/Government/Pages/DemographicsandFacts.aspx or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in

14 CCR Section 17852(a)(24.5)(A)(1) through (3).

2. When SB 1383 Eligible Compost and SB 1383 Eligible Mulch is used in applications that are subject to the County’s Office of Planning and Environmental Review process comply with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s

Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September

15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and

Amendments Section”.

a. For landscape installations, Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six

(6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.

b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.

c. Procure organic mulch materials made from recycled or post-consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.

d. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

3. Keep records, including invoices or proof of Recovered

Organic Waste Product procurement (either through purchase or acquisition), and submit records to the

Recordkeeping Designee, within thirty (30) days of purchase, or as directed by County.

Records shall include:

a. General procurement records, including:

i. General description of how and where the product was used and applied, if applicable;

ii. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;

iii. Type of product;

iv. Quantity of each product; and,

v. Invoice or other record demonstrating purchase or procurement.

b. For SB 1383 Eligible Compost and SB 1383 Eligible

Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the SB 1383 Eligible Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with the requirements specified in section 1.A.3.

c. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the County’s EPP policy and County contract or agreement requiring that the mulch procured by the County or Direct Service Provider meets the land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time.

4. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 Eligible Mulch, SB 1383 Eligible Compost, SB 1383 Eligible Renewable Gas, and/or SB 1383

Eligible Electricity Procured from Biomass Conversion; and,

(ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.

5. If County contracts directly with an end user for procurement and/or use of Recovered Organic Waste

Products, records shall be kept in accordance with 3.a.

above.

B. SB 1383 Eligible Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications).

1. County shall:

a. Procure SB 1383 Eligible Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available to the County and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR Section

18993.1.

b. Keep records in the same manner indicated in Section 1.A.3 for the amount of SB 1383 Eligible Renewable

Gas procured and used by the County, including the general procurement record information specified in

Section 1.A.3.a, and submit records to the

Recordkeeping Designee within thirty (30) days of purchase, or as directed by County. County shall additionally obtain the documentation and submit records specified in Section 1.B.3, if applicable.

2, Direct Service Providers:

a. Direct Service Providers transporting solid waste, organic materials, and/or recyclable materials may be required to procure a percentage of their fuel as SB

1383 Eligible Renewable Gas if specified in RFPs and RFQs released by the County for such services or as required by permit, license, written agreement, or written contract with the County.

b. Departments releasing RFPs and RFQs for contractors that procure fuel in the course of their services to the

County may include a price preference to contractors that propose to use the amount or percentage of SB

1383 Eligible Renewable Gas specified in the RFP or RFQ to be eligible for said price preference. Such use, if it occurs, shall be documented in a written contract.

c. If SB 1383 Eligible Renewable Gas made from recovered Organic Waste is used by Direct Service Providers, Direct Service Providers shall submit information listed in section 1.3.B.2.a-e on a schedule to be determined by County, but not less than annually to the Recordkeeping Designee.

d. SB 1383 Eligible Renewable Gas used by Direct Service Providers under Sections 1.3.A and 1.3.B shall comply with criteria specified in 14 CCR Section

18993.1.

C. SB 1383 Eligible Electricity Procured from Biomass Conversion. For SB 1383 Eligible Electricity Procured from

Biomass Conversion, County shall:

1. Procure electricity from a biomass conversion facility that receives feedstock from a composting facility, transfer/processing facility, a solid waste landfill, and/or receives feedstock from the generator or employees on behalf of the generator of the Organic Waste and to the degree that it is available and practicable for the Jurisdiction and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR Section 18993.1.

2. Maintain records and conduct the following recordkeeping activities:

a. Keep records in the same manner indicated in section

1.A.3 of this Policy for the amount of SB 1383 Eligible Electricity Procured from Biomass Conversion facilities, including the general procurement record information specified in section 1.A.3.a.

b. Receive written notification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR

Section 18993.1(i).

c. Provide these records to the Recordkeeping Designee.

D. Direct Service Providers of Organic Waste collection services shall:

Provide a specified quantity of SB 1383 Eligible Compost or SB 1383 Eligible Mulch to the County and its customers via periodic

“giveaways” as specified in a franchise agreement or other agreements.

Keep and provide records to the County including the following:

1. Dates provided;

2. Source of product including name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products were procured;

3. Type of product;

4. Quantity provided; and,

5. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location. Other record or documentation can include franchise agreement provisions, written contracts, MOUs, or other written documentation demonstrating such agreement.