BILL NUMBER: SB 420	CHAPTERED  09/22/06

	CHAPTER  392
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	PASSED THE ASSEMBLY  AUGUST 24, 2006
	AMENDED IN ASSEMBLY  AUGUST 21, 2006
	AMENDED IN ASSEMBLY  JUNE 20, 2006
	AMENDED IN SENATE  JANUARY 4, 2006
	AMENDED IN SENATE  MARCH 29, 2005

INTRODUCED BY   Senator Simitian

                        FEBRUARY 17, 2005

   An act to amend Section 22154 of the Public Contract Code, and to
amend Section 42701 of the Public Resources Code, relating to public
contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 420, Simitian  Public contracts: procurements: recycled
products.
   (1) Existing law provides various procedures for the procurement
of goods and services by local public entities.  Existing law also
requires local public entities to purchase recycled products instead
of nonrecycled products according to various procedures and
requirements.
   This bill would make a technical, nonsubstantive change to correct
an erroneous reference to a "state agency" in the local public
entity provisions regarding the procurement of recycled products.
   (2) Existing law requires the State Procurement Officer, when
purchasing materials to be used in paving or paving subbase for use
by the Department of Transportation and any other state agency that
provides road construction and repair services, to make contracts
available for those items that utilize paving materials that include
recycled materials, except as provided.
   This bill would require the State Procurement Officer to contract
for those items that utilize recycled material in those materials,
rather than requiring the State Procurement Officer to make those
contracts available, and would make that requirement to contract
applicable in purchasing those materials for use by the department
and any other state agency that provides construction and repair
services.


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


  SECTION 1.  Section 22154 of the Public Contract Code is amended to
read:
   22154.  (a) All businesses shall certify in writing to the
contracting officer, or his or her representative, the minimum, if
not exact, percentage of postconsumer material in the products,
materials, goods, or supplies being offered or sold to any local
public entity.
   (b) With respect to printer or duplication cartridges that comply
with the requirements of subdivision (e) of Section 12156, the
certification required by this subdivision shall specify that the
cartridges so comply.
   (c) A local public entity may waive the certification requirement
if the percentage of postconsumer material in the products,
materials, goods, or supplies can be verified in a written
advertisement, including, but not limited to, a product label, a
catalog, or a manufacturer or vendor Internet Web site.
  SEC. 2.  Section 42701 of the Public Resources Code is amended to
read:
   42701.  (a) In purchasing any materials to be used in paving or
paving subbase for use by the Department of Transportation and any
other state agencies that provide construction and repair services,
the State Procurement Officer shall contract for those items that
utilize recycled materials in paving materials and base, subbase, and
pervious backfill materials, unless the Director of Transportation
determines that the use of the materials is not cost effective. In
determining the cost-effectiveness of the materials subject to this
section, the factors that the director shall consider include both of
the following:
   (1) The lifespan and durability of the pavement containing the
materials.
   (2) The maintenance cost of the pavement containing the materials.

   (b) This section also applies to any person who contracts with the
Department of General Services or with any other state agency to
provide these construction and repair services.
   (c) The recycled materials shall include, but are not limited to,
recycled asphalt, crushed concrete subbase, foundry slag, and paving
materials utilizing crumb rubber from automobile tires, ash, and
glass and glassy aggregates.  The specifications shall be based on
the standards of the Department of Transportation for recycled paving
materials and for recycled base, subbase, and pervious backfill
materials.