Assembly Bill 661 Strengthens Recycled Product Use

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Assembly Bill (AB) 661 (Bennett, Recycling: materials, Statutes of 2022) updates the product categories and expects state agencies to meet each category's minimum recycled-content requirement when contracting with vendors, effective January 1, 2023. In addition, the law updated the recycled product list from 11 to 16. AB 661 is an essential piece of legislation that will help the state meet its recycling goals. The updated recycled product standards expanded the scope of the State Agency Buy Recycled Campaign (SABRC), ensuring that the minimum recycled content is included across all purchasing contracts.

The Department of General Services (DGS), in collaboration with the Department of Resources Recycling and Recovery (CalRecycle), will conduct a thorough evaluation of procurement policies to identify any lapses in meeting recycling product requirements. In the event of such lapses, the DGS must provide prompt recommendations for necessary revisions to ensure adherence to the recycled product purchasing guidelines.

CalRecycle, working in tandem with the DGS and impacted agencies, will revamp a catalog of products and their respective minimum recycled content percentages. This undertaking will commence on January 1, 2026, and repeat triennially thereafter. This bill aims to enhance our recycling efforts systematically and sustainably, promoting environmental responsibility and stewardship.

DGS will revise the inventory of commodities and minimum recycled content criteria in the State Contracting Manual to incorporate the items specified in AB 661. Both parties are also responsible for integrating this into the Financial Information System for California (FI$Cal). Additionally, the financial system of any department not using FI$Cal would need to incorporate the updated list of products and minimum recycled content requirements as per the bill’s provisions.

Section 12217 (a) was amended to require “state agency procurement professionals and contracting officers or their designees from all agencies shall participate in annual mandatory training that is conducted by CalRecycle”. This training is to enhance the procurement and contracting professionals’ knowledge and understanding of current regulations, policies, and best practices related to resource recycling and recovery. Such training is expected to improve the state's procurement and contracting processes' efficiency, effectiveness, and sustainability.

The bill directs DGS to prioritize the use of recycled content products. DGS will include SABRC’s minimum recycled content percentages in each statewide commodities contract to enhance ease of use for all state agencies. Additionally, the DGS will disseminate information about these contracted commodities that conform to these standards for all agencies.

Current legislation regarding the state's purchasing of goods and services authorizes DGS to assign purchasing authority to a state agency that meets certain conditions. Similarly, legislation relating to the procurement of information technology goods and services allows the Director of DGS to delegate procurement authority, with guidance from the Department of Technology to a state agency that has been determined capable of effective use of that authority, as defined. In addition, the bill requires DGS to establish and adhere to guidelines for abiding by SABRC specifications in both the procurement of goods and services and the procurement of information technology goods and services. This would necessitate the creation of protocols for meeting the minimum recycled content criteria and adhering to all reporting requirements, as well as updating the State Contracting Manual.

The overall effect of AB 661 will strengthen the effectiveness of SABRC and help the state move closer to its recycling goals.

Environmentally Preferable Purchasing (EPP) Training

 

The California Procurement and Contracting Academy (CalPCA) has developed training modules to help requisitioners, buyers, supervisors and managers buy green with ease. These training programs assist procurement officials by introducing the criteria that can be used while purchasing goods and services to increase EPP within a department.

 

To participate in online self-paced training, register free here.

The EPP BASIC training will cover:

  1. Third-Party Environmental Certifications verify processes that validate the relevant environmental claims and the product’s performance. They are referred to as ecolabels, green labels, or sustainability certifications. The training will introduce you to how to identify approved certifications and labels.
  2. The DGS Purchasing Standards list the minimum performance and environmental criteria a commodity must meet to be considered environmentally preferable. This training will show you the standards that can be used within your own procurement contracts.
  3. SABRC-compliant products meet the minimum post-consumer recycled content requirements for that category. In addition, the training will cover why it is essential for departments to report all goods and materials within the SABRC category.
  4. Product Take-Back Program refers to the process through which a manufacturer, retailer or third-party designee takes back the products at the end of their useful life for recycling, remanufacturing, repurposing or proper disposal consistent with environmental laws and regulations.
  5. Greenwashing is when incorrect information by an organization appears environmentally responsible. We will show you examples in the training so that you are able to identify EPP goods.

Who should participate?

  • Purchasers
  • Purchasing Authority Contacts (PACs)
  • Procurement and Contracting Officers (PCOs)
  • Small Business/Disabled Veteran Business Enterprise (SB/DVBE) Advocates
  • Supervisors and managers
  • Executives

DGS has developed job aids to help simplify buying green. The EPP and FI$Cal job aids together comprise a comprehensive “how-to” manual that provides detailed instructions on how to apply EPP to purchases and consists of the following documents: