BILL NUMBER: AB 498	CHAPTERED
	BILL TEXT

	CHAPTER  575
	FILED WITH SECRETARY OF STATE  SEPTEMBER 16, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2002
	PASSED THE ASSEMBLY  AUGUST 29, 2002
	PASSED THE SENATE  AUGUST 27, 2002
	AMENDED IN SENATE  AUGUST 22, 2002
	AMENDED IN SENATE  MAY 9, 2002
	AMENDED IN ASSEMBLY  JANUARY 24, 2002
	AMENDED IN ASSEMBLY  JANUARY 18, 2002
	AMENDED IN ASSEMBLY  JANUARY 9, 2002

INTRODUCED BY   Assembly Member Chan
   (Coauthor:  Senator Chesbro)

                        FEBRUARY 21, 2001

   An act to add Chapter 6 (commencing with Section 12400) to Part 2
of Division 2 of the Public Contract Code, relating to public
contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 498, Chan.  Environmentally preferable purchasing.
   Existing law regulates the purchase of recycled products by state
agencies and the Legislature.
   This bill would provide that  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, as
provided.
   This bill would state the intent of the Legislature in enacting
these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) It is the policy of the state to protect human health and
environmental well-being.
   (b) The purpose of environmentally preferable purchasing is to
protect human health and environmental well-being by reducing the
procurement of goods and services that result in larger volumes of
waste and pollutants.
   (c) Goods and services, that result in reduced volumes of waste
and pollutants, have additional value when considering future
environmental and health costs.
   (d) The state, through environmentally preferable purchasing, has
the ability to  to protect human health and environmental well-being
by promoting goods and services that result in reduced waste and
pollutants.
   (e) The Legislature declares that the responsibility of
environmentally preferable purchasing shall be that of any agency
that does procuring on behalf of the state.
   (f) It is the intent of the Legislature, whenever economically
feasible and as markets allow, to continually expand the policies of
environmentally preferable purchasing in the daily operations of the
state.
  SEC. 2.  Chapter 6 (commencing with Section 12400) is added to Part
2 of Division 2 of the Public Contract Code, to read:

      CHAPTER 6.  ENVIRONMENTALLY PREFERABLE PURCHASING

   12400.  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.
   12401.  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) The promotion of environmentally preferable purchasing.
   (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) 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) The development and implementation, to the extent fiscally
feasible, of training programs designed to instill the importance and
value of environmentally preferable purchasing.
   (e) The development, to the extent fiscally feasible, of an
environmentally preferable purchasing best practices manual for state
purchasing employees.
   12401.5.  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.
   12402.  Nothing contained in this chapter shall prohibit, limit,
or supersede recycled content requirements pursuant to any other
provision of law.
   12403.  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.
   12404.  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.