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Statutes, regulations, executive orders, and guidelines direct the State of California to practice and promote EPP. This demonstrates the state's commitment to leading by example to protect public health and the environment and support markets for environmentally preferable products and services.
Please note that the following discussion is not comprehensive. Mandates and guidelines that relate to specific products, substances, and services are referenced throughout this manual within the subject matter specific chapters.
Environmentally Preferable Purchasing Law: Public Contract Code sections 12400-12404 [AB 498 (Chan), Statutes of 2002, Chapter 575]
The EPP law, enacted in September 2002, directs the Department of General Services (DGS), in consultation with the California Environmental Protection Agency (Cal/EPA), members of the public, industry, and public health and environmental organizations, to provide state agencies with information and assistance regarding EPP including, but not limited to, the following:
- The promotion of EPP.
- The development and implementation of a strategy to increase EPP. This may include the development of statewide policies, guidelines, programs, and regulations.
- 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 EPP.
- The development and implementation, to the extent fiscally feasible, of training programs designed to instill the importance and value of EPP.
- The development, to the extent fiscally feasible, of an EPP best practices manual for state purchasing employees.
The Secretary of the State and Consumer Services Agency, in consultation with the Cal/EPA, established the Environmentally Preferable Purchasing Task Force to develop a strategy to achieve the goals set forth in AB 498. The task force comprises representatives from various State agencies with specific fiscal, procurement, and environmental policy expertise.
State Agency Buy Recycled Campaign (SABRC)
Public Contract Code sections 12150 et seq., requires State agencies and the Legislature to purchase products with recycled content. The legislation is implemented jointly by the Department of General Services (DGS) and the California Integrated Waste Management Board (CIWMB). It complements the efforts of the Integrated Waste Management Act [AB 939 (Sher), Statutes of 1989, Chapter 1095], and the statute regarding State agency waste diversion [AB 75 (Strom-Martin), Statutes of 1999, Chapter 764] which were enacted to reduce the amount of waste going to California's landfills.
Additional information regarding the SABRC mandates, how your agency is doing, or who your primary contact is regarding reporting is available in Chapter 3 of the Purchasing Authority Manual and from the CIWMB's State Agency Assistance Section.
State Agency Waste Diversion
Public Resources Code sections 42920 et seq. require each State agency and large State facility to divert 50 percent of its waste from landfills or transformation facilities by January 1, 2004. State agencies implement a wide variety of programs to meet the diversion mandates. Reported programs range from source reduction to full recycling programs which request, and in some cases require, employees, contractors, and visitors to recycle.
Additional information regarding the waste diversion mandate, how your agency is doing, or who your primary contact is regarding reporting is available in the Public Resources Code and from the CIWMB's State Agency Assistance Section.
Executive Order S-20-04
California's Green Building Executive Order (Executive Order S-20-04) established the State's priority for energy and resource efficient high performance buildings. It directs the State to commit to aggressive action to reduce State building electricity usage by retrofitting, building, and operating the most energy and resource efficient buildings by taking all cost-effective measures described in the Green Building Action Plan for facilities owned, funded or leased by the State. Cities, counties, schools, and commercial building owners and operators are encouraged to do the same.
One significant measure that is mentioned in this Order is for the State to design, construct, and operate all new and renovated State-owned facilities paid for with State funds as "LEED Silver" or higher certified buildings. LEED - the U.S. Green Building Council's Leadership in Energy and Environmental Design rating system - is the nation's leading green building rating system. It promotes "high performance" building practices; energy, water and materials conservation; environmentally preferable products and practices; improvements in employee health, comfort and productivity; and reductions in facility operation costs and environmental impacts.
Executive Order S-7-04
Governor Schwarzenegger's Hydrogen Highway vision sets forth a blueprint for government and private agencies to work together in planning and building a hydrogen infrastructure. In his signing message, he stated "The goal of the California Hydrogen Highway Network initiative is to support and catalyze a rapid transition to a clean, hydrogen transportation economy in California, thereby reducing our dependence on foreign oil, and protecting our citizens from health harms related to vehicle emissions. We have an opportunity to deal with these problems by investing in California's ability to innovate our way to a clean hydrogen future, thus bringing jobs, investment, and continued economic prosperity to California. We have an opportunity to prove to the world that a thriving environment and economy can co-exist."
In the months that followed, a group of some 200 volunteers from auto companies, energy companies, fuel cell manufacturers, government agencies, non-governmental organizations and others worked in a well-orchestrated set of task forces to develop the California Hydrogen Highway Blueprint.
The California Hydrogen Highway Web site provides information and resources about hydrogen fueling stations planned for the State's twenty-one interstate freeways.
Executive Order S-3-05
Executive Order S-3-05 established the following greenhouse gas (GHG) emission reduction targets for California: by 2010, reduce GHG emissions to 2000 levels; by 2020, reduce GHG emissions to 1990 levels; by 2050, reduce GHG emissions to 80 percent below 1990 levels. The Secretary of the California Environmental Protection Agency is charged with the coordination of the oversight of efforts to achieve these targets.
Regulations and Guidelines
Aside from the aforementioned laws and executive orders, there are state laws and regulations that address:
- energy efficiency
- water conservation
- specific substances that pose health, safety, or environmental problems
- integrated waste management
Energy efficiency regulations limit the amount of energy and water that various products may use. Water conservation is covered in the energy efficiency regulations because water use (pumping and treatment) in California consumes significant amounts of electrical energy. [44] Whenever we use less water, we save energy.
Substances and materials of concern generally are identified as toxic or hazardous, or pose unique environmental problems, such as waste disposal safety issues. These substances may directly or indirectly contaminate our land, water or air resources and end up harming people and the environment.
Products that have associated mandates run the gamut and include paper, consumer products, electronic equipment, building materials, and pesticides.
In addition to the aforementioned mandates, various state agencies are directed to provide information and recommendations to the public. Consequently, there are various guidelines that identify products and practices that result in less energy or water use, zero waste, and reduced air or water emissions. To the extent it is feasible and cost effective, state purchasing officials are encouraged to follow any such guidelines.
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