State Agency Buy Recycled Campaign (SABRC) Program - 1300

Using Recycled Content Products

Public Contract Code (PCC), Section 12203 requires departments to utilize recycled content products (RCP).  A minimum of 50% of funds expended in each of the targeted categories must be products meeting the requirements of an RCP.  The required Recycled Content Products varies by SABRC product category.

Department Recycled Content Product Purchasing Requirements

The State of California promotes the procurement of sustainable and recycled content products.  Departments shall ensure that the responsibility for SABRC is shared among procurement personnel, managers, buyers, contract specialists, contractors, suppliers and all others who procure goods and services for the State.

Departments will consider RCP in conducting its purchasing activities.  All departments are required to comply with the RCP requirements of the State Agency Buy Recycled Campaign contained in PCC, Sections 12200 - 12217.

The SABRC reportable categories and requirements are located on the Department of Resources Recycling and Recovery (CalRecycle) website.

Recycle Preference and Competitive Solicitations

Pursuant to PCC section 12203(d), to the maximum extent economically feasible in performance of the contract work, each department shall require the businesses with whom it contracts to use recycled content products.  SABRC compliant products as a component of these contracts shall be reported.

Contact the Department of Resources Recycling and Recovery CalRecycle at (916) 341-6199 or SABRC@CalRecycle.ca.gov for information on qualifying SABRC reusable and recycled content products.

Noncompliant Trash Bag Manufacturers and Wholesalers

Pursuant to Public Resources Code 42297(c)(1) and (2), any plastic trash bag supplier, manufacturer or wholesaler, or any of its divisions, subsidiaries, or successors, is ineligible for any State contract or subcontract or renewal, extension or modification of any State contract, if it is not in compliance with the certification requirements of the law. To be compliant, manufacturers must meet any one of the following options:

• Ensure that its plastic trash bags contain a quantity of recycled plastic postconsumer material (RPPCM) equal to at least 10% of the weight of the regulated bags.
• Ensure that at least 30% of the weight of material used in all of its plastic products intended for sale in California is RPPCM.
• Ensure that its plastic trash bag is labeled as biodegradable or compostable and meets ASTM D6400 standard for Compostable Plastics.

Manufacturers and wholesalers who are non-compliant with the Plastic Trash Bag Law cannot contract with the State regardless of the product being provided in the contract (i.e. plastic trash bags, janitorial supplies or services, or any other products or services).  Additional information, including a listing of compliant and noncompliant trash bag manufacturers and wholesalers is available on the CalRecycle website.

Supplier Certification

Pursuant to PCC, Section 12205, all purchases of products in the targeted categories must include a written certification by the business/supplier, under penalty of perjury as to the recycled content percentage.  The supplier may certify that the product or material contains zero recycled content.

This certification can be waived if the post-consumer recycled content can be verified by other written means such as product label, packaging, catalog, manufacturer/vendor website, product advertisement.

Click here to access the Post-Consumer Recycled Content Certification form.

Tire Recycle Preference  

Per Public Resources Code (PRC), Section 42890 et seq., a 5% recycle preference is available for recycled tire products (also known as tire-derived products). Recycled tire products are reportable for SABRC and purchases are SABRC compliant if they contain at least 50% recycled used tires.

Tire Preference Evaluation

When evaluating bids, application of the recycle preference is only applicable if both virgin products and recycled content products (RCP) are acceptable for a line item and the products bid are similar.  Should only recycled content products be bid, then the preference is not calculated.

Should a solicitation include a mix of line items containing both qualified and non-qualified tire-derived RCPs, the preference shall only apply to qualified line items.  If line item awards are made, the preference shall be applied, to the extent possible, so as to maximize award to bidders proposing recycled tire products (PRC section 42892).

Virgin products refer to products not qualified as a recycled product.

Tire Preference Calculation

The following pertains to recycle preference calculation for awards based on low price.  Only responsive bids from responsible bidders are eligible for the preference.

1. The recycle preference is calculated subsequent to price adjustment for the small business preference and prior to application of the DVBE incentive.
2. The 5% preference is calculated against the net bid price of the lowest responsive bid proposing a virgin product and subtracted from eligible bids proposing recycle content products.
3. The preference amount cannot exceed $100,000.
4. The preference cannot exceed $50,000 if its application would preclude award to a small business.
5. Should a bidder be eligible for a recycle preference in addition to another preference(s) and/or the DVBE incentive, the cumulative adjustment is the lower of 15% or $100,000.

Tie Bids

Where the fitness and quality of proposed products in tie bids is equal, award shall be made to the bidder proposing the greater percentage of recycled tire content (PRC, Section 42894).

Example of Utilizing Recycled Content Products

A department is purchasing $20,000 of printing and writing papers for their copy machines. At least $10,000 of the paper must have 30% recycled content by weight. The other $10,000 may be any mix of recycled or non-recycled products.

Reportable Purchases

Departments are to report all purchases within the SABRC 11 reportable categories, identify the commodities meeting the percent post-consumer recycle content as SABRC compliant and record the percent of post-consumer recycle content contained within the product.  Buyers must include requirements for bidders to document this information within bid submittals.

Refer to Reporting Requirements for further information on reporting RCP.

1. Paper Products
2. Printing and Writing Papers
3. Mulch, Compost, Co-compost
4. Glass Products
5. Lubricating Oils
6. 6a Plastic Products
7. 6b. Plastic Products - Printer or duplication cartridges
8. Paint
9. Antifreeze
10. Tires
11. Tire-Derived Products
12. Metal Products

The reportable product categories applicable to SABRC IT goods would be:

• Plastic Products that are 10% postconsumer, by weight
• Printer or duplication cartridges that:
  • Have 10% postconsumer material, or
  • Are purchased as remanufactured, or
  • Are backed by a vendor-offered program that will take back the printer cartridges after their useful life and ensure that the cartridges are recycled and comply with the definition of recycled as set forth in PCC section 12156

Pursuant to PCC section 12156 no state department shall purchase any printer or duplication cartridge for which the manufacturer, wholesaler, distributor, retailer, or remanufacturer places restrictions on the recycling or remanufacturing of that cartridge by any other person.  For purposes of this section, these restrictions include, but are not limited to, all of the following:

• Reducing the price of the cartridge in exchange for any agreement not to remanufacture the cartridge
• A licensing agreement on the cartridge that forbids remanufacturing
• Any contract that forbids the remanufacturing or recycling of the cartridge

Notwithstanding the above a manufacturer, wholesaler, distributor, retailer, or remanufacturer who establishes a recycling or remanufacturing program that is available to its customers may enter into signed agreements with those customers consenting to the return of the used cartridge to the manufacturer, wholesaler, distributor, retailer, or remanufacturer, only for either of the following purposes:

• Recycling and remanufacturing, for purposes of making the remanufactured cartridge available for purchase
• Recycling

Reporting

All departments must comply with PCC Section 12211(a), which requires State agencies to report annually to CalRecycle the results of their RCP purchases within specific categories of material types.