To: Board of Supervisors
From: Brian M. Balbas, Public Works Director
Report Title: Recovered Organic Waste Product and Recycled Paper Procurement Policy

RECOMMENDATIONS:
APPROVE updates to Recovered Organic Waste Product and Recycled Paper Procurement Policy to implement state regulations as recommended by the Public Works Director, Countywide.
FISCAL IMPACT:
There is no fiscal impact with approval of the updated policy.
BACKGROUND:
Senate Bill 1383, Short-lived Climate Pollutants Reduction, as enacted in 2017, (Lara, Chapter 395, Statutes of 2016, establishes targets to reduce the statewide disposal of organics by 50%, by 2020 and 75% by 2025; and requires that not less than 20% of edible food that is currently disposed be recovered for human consumption by 2025. The state has adopted comprehensive regulations as a result of the passage of SB 1383, which imposes a wide range of requirements on local jurisdictions.
A requirement of SB 1383 includes the adoption of a Recovered Organic Waste Product and Recycled Paper Procurement Policy. The policy is applicable to all County departments and requires environmental considerations including recycled-content and recovered organic waste products use in purchasing practices.
This Board approved the Recovered Organic Waste Product and Recycled Paper Procurement Policy on January 11, 2022. Assembly Bill 661 (effective in 2023) repealed Section 12209 of the Public Contract Code (PCC) and replaced it with specific post-consumer recycled-content levels for certain paper products including janitorial papers and provides a process for updating the post-consumer recycled-content levels for paper products going forward.
The policy specifies that if fitness and quality are equal to that of non-recycled items, all County departments and divisions shall purchase paper products that consist of postconsumer fiber.
Updated PCC Section 12209 for janitorial supplies now requires:
Other paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, except as specified below:
• Toilet paper shall consist of at least 45 percent postconsumer recycled content.
• Paper towels shall consist of at least 40 percent postconsumer recycled content.
• Facial tissue shall consist of at least 10 percent postconsumer recycled content.
• Toilet seat covers shall consist of at least 20 percent postconsumer recycled content.
• General purpose paper wipers shall consist of at least 40 percent postconsumer recycled content.
• Food serviceware, including, but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc. shall consist of at least 40 percent postconsumer recycled content.
The updated Recovered Organic Waste Product and Recycled Paper Procurement Policy for consideration includes the PCC 12209 updates.
CONSEQUENCE OF NEGATIVE ACTION:
Without approval of the updated Recovered Organic Waste Product and Recycled Paper Procurement Policy, the County will not be in compliance with Senate Bill 1383.
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. |
ATTESTED: |
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Monica Nino, County Administrator and Clerk of the Board of Supervisors |
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By: |