BILL ANALYSIS �
AB 2037
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Date of Hearing: March 26, 2014
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Jim Frazier, Chair
AB 2037 (Accountability and Administrative Review Committee) -
As Introduced: February 20, 2014
SUBJECT : Environmentally preferable purchasing
SUMMARY : Requires the Department of General Services (DGS) to
track environmentally preferable purchases (EPP) by state
agencies and publically report information about these
purchases. Specifically, this bill :
1)Requires DGS to create a method to track EPP by state
agencies.
2)Requires DGS to post annually on its website the type,
quantity, and dollar amount of these purchases for each fiscal
year.
EXISTING LAW requires DGS to provide state agencies with
information and assistance regarding EPP.
FISCAL EFFECT : Unknown
COMMENTS : This bill would require DGS to create a method to
track EPP and report information about these purchases on its
website each year. Environmentally preferable purchasing, as
defined in the Public Contract Code, refers to the "procurement
or acquisition of goods and services that have a lesser or
reduced effect on human health and the environment when compared
to competing goods or services that serve the same purpose."
Essentially, EPP means "buying green."
DGS' Procurement Division serves as the lead agency for EPP in
California. To implement the EPP program, DGS has incorporated
green options into some statewide contracts that departments can
purchase from; worked with departments on requests for proposals
to encourage green purchasing on a project-by-project basis;
provided state agencies with training and educational materials
about green purchasing; and created a green buying guide.
DGS does not currently track EPP, and is not required to do so
under current law. This lack of tracking means that the types
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and percentages of state purchases that are environmentally
preferable and how these types and percentages have changed over
time is unknown.
The Assembly Committee on Accountability and Administrative
Review held an oversight hearing on June 12, 2013, about the
state's procurement of recycled and environmentally preferable
products. DGS stated at the hearing that the department did not
know how much the state spends on EPP or what percent of state
purchases could be classified as environmentally preferable.
This bill requires DGS to post annually on its website the type,
quantity, and dollar amount of EPP for each fiscal year, on or
before January 1 of the next fiscal year. Tracking and
reporting on EPP would allow state policymakers to identify both
program successes and areas for improvement. Such information
will allow the Legislature and public to better evaluate the EPP
program.
This bill does not specifically direct DGS regarding how to
classify a product as environmentally preferable. The
department would instead be tasked with making such
determinations. However, the current section of the Public
Contract Code that defines environmentally preferable
purchasing" provides some guidance about how to compare
conventional goods and services with those that could be
considered EPP. It states that the "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."
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Scott Herbstman / A. & A.R. / (916)
319-3600
AB 2037
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