Section § 12400

Explanation

This law defines 'environmentally preferable purchasing' as buying goods and services that are better for human health and the environment compared to similar options. When making this comparison, factors like how materials are gathered, production, packaging, energy use, and how products are disposed of are all considered. It also looks at cost, performance, and safety to ensure the needs of the purchaser are met effectively.

For purposes of this chapter, “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 shall 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.

Section § 12401

Explanation

The Department of General Services works with several groups to help state agencies make purchases that are better for the environment. This includes promoting eco-friendly buying, creating strategies and policies for it, and coordinating with other agencies and groups on these efforts. They also focus on training and developing a best practices guide for state employees, as long as the funds are available.

The Department of General Services, in consultation with the California Environmental Protection Agency, members of the public, industry, and public health and environmental organizations, shall provide state agencies with information and assistance regarding environmentally preferable purchasing including, but not limited to, the following:
(a)CA Public Contract Code § 12401(a) The promotion of environmentally preferable purchasing.
(b)CA Public Contract Code § 12401(b) The development and implementation of a strategy to increase environmentally preferable purchasing. This may include the development of statewide policies, guidelines, programs, and regulations.
(c)CA Public Contract Code § 12401(c) The coordination with other state and federal agencies, task forces, workgroups, regulatory efforts, research and data collection efforts, and other programs and services relating to environmentally preferable purchasing.
(d)CA Public Contract Code § 12401(d) The development and implementation, to the extent fiscally feasible, of training programs designed to instill the importance and value of environmentally preferable purchasing.
(e)CA Public Contract Code § 12401(e) The development, to the extent fiscally feasible, of an environmentally preferable purchasing best practices manual for state purchasing employees.

Section § 12401.5

Explanation

The Department of General Services is required to assign one main person or office to handle questions and concerns about buying eco-friendly products. This is to make sure that state agencies, suppliers, and others have a go-to contact for any matters involving environmentally friendly purchasing.

Within existing resources, the Department of General Services shall designate a single point of contact for state agencies, suppliers, and other interested parties to contact regarding environmentally preferable purchasing issues.

Section § 12402

Explanation

This law states that the rules in this chapter do not interfere with or replace other laws that require the use of recycled materials.

Nothing contained in this chapter shall prohibit, limit, or supersede recycled content requirements pursuant to any other provision of law.

Section § 12403

Explanation

This section explains that any policies favoring environmentally friendly purchasing should not force the purchase of goods or services that don't work well, limit competition, or are too expensive or not available quickly.

Nothing contained in any policy regarding environmentally preferable purchasing may be construed as requiring the acquisition of goods or services 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.

Section § 12404

Explanation

This law requires that any companies working with the Department of General Services in California must provide written assurance that their environmental claims about products or services are in line with the Federal Trade Commission's guidelines.

Manufacturers, vendors, or other nongovernmental entities contracting with the Department of General Services shall certify in writing that any environmental attribute claims they make concerning their products and services are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms.