City of Commerce
Environmental Procurement Policy
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1. Purpose
The primary purpose of City of Commerce Environmental Procurement Policy is to maximize environmental benefits of the City’s activities and support markets for recycled goods and other environmental products and services by encouraging the procurement of services and products from renewable resources that:
Protect and conserve natural resources, materials, water, and energy; Maximize recyclability and recycled content;
Minimize the City’s contribution to climate change, pollution, and solid waste disposal; and Comply with State requirements as contained in 14 CCR (California Code of Regulations) Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products.
Procedures and guidelines may be established as necessary to encourage the continuation of a strong Environmental Procurement Program. This Policy is applicable to all departments and divisions to incorporate environmental considerations including recycled-content and recovered Organic Waste product use into purchasing practices and procurement to align with the City’s sustainability goals and Climate Action Plan whenever such products perform satisfactorily and are available at the lowest bid.
2. Definitions
Annual Recovered Organic Waste Product Procurement Target means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the Jurisdiction is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, multiplied by the City’s residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will notify the City of its Annual Recovered Organic Waste Product Procurement Target in writing and on their website.
Compost means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.
Direct Service Provider means a person, company, agency, district or other entity that provides a service or services to the City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
Electricity Procured from Biomass Conversion means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and pruning from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the City’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities or landfills, as described in 14 CCR Section 18993.1(i).
Environmental Product has a lesser or reduced negative effect on human health and the environment when compared with competing products which serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, and disposal of the product. This term includes, but is not limited to, recycled products, recyclable products, low toxicity products, and reusable products.
Organic Waste means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling or as otherwise defined in 14 CCR Section 18982(a)(51).
Practicable means sufficient in performance and available at the lowest bid. Final determination of the practicability of any given product must lie with the users of the product since it is the user who understands the product’s performance and the user’s budgetary requirements.
Printing and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications or as otherwise defined in 14 CCR Section 18982(a)(54).
Procurement of Recovered Organic Waste Products shall mean purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the City or others. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s behest.
Recordkeeping Designee means the public employee appointed by the City Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the City and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.
Recovered Organic Waste Products means products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, and Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.
Recyclable Product is a product that, after its intended end use, can demonstrably be diverted from the City’s solid waste stream for use as a raw material in the manufacture of another product.
Recycled Product is a product containing recycled material.
Renewable Gas means gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste or as otherwise defined in 14 CCR Section 18982(a)(62).
Reusable Products is a product that can be used several times for an intended use before being discarded, such as a washable food or beverage container or a refillable ballpoint pen.
SB 1383 Eligible Mulch means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4) produced at one of the following facilities:
A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); Guidance: Note that SB 1383 Eligible Mulch excludes mulch from chipping and grinding operations.
A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
State means the State of California.
3. Policies
The City shall require its goods and services in a manner that complies with applicable city, state and federally mandated environmental regulations. The City shall promote the use of Environmental Products in its acquisition of goods and services. Nothing in this policy shall be construed as requiring a department to procure products that do not perform adequately for their intended use or products that are not the lowest priced bid.
It is the policy of the City of Commerce to:
Procure Environmental Products and Services where criteria have been established by governmental or other widely recognized authorities (e.g. Energy Star, Green Seal, and EPA Eco Purchasing Guidelines).
Raise staff awareness on the environmental issues affecting procurement by providing relevant information and training.
Encourage suppliers and contractors to offer Environmental Products at competitive prices.
Encourage providers of services to consider environmental impacts of service delivery.
Encourage departments to include specifications for Recycled and Environmental Products in all City contracts. Departments may evaluate the efficacy of a product prior to formulation of product specifications and specify both Environmental Products and standard products in the same proposal/bid. Departments may also specify only Environmental Products and select the lowest priced bidder.
Continue and if possible expand its existing programs to purchase Environmental Products (such as re-refined automotive oils and coolants; the use of integrated pest-management, green seal custodian supplies, etc.). City departments are also encouraged to evaluate Environmental Products and purchase them when possible.
5. Policy Goals
City departments shall integrate environmental factors into the City’s buying decisions, for example:
Replace disposables with reusable or recyclable items.
Support eco-labeling practices by buying products bearing such labels in preference to others where they are available and provide value for money.
Take into account life cycle costs and benefits.
Evaluate, as appropriate, the environmental performance of vendors in providing products and services.
Imprinted letterhead paper, envelopes and business cards used by the City of Commerce should be composed of recycled paper and bear a symbol identifying the paper as recycled, provided the quality and pricing meet the City criteria.
Use of re-refined oil in its fleet operations where comparable.
Use of recycled paper products.
Use of Energy Star and/or low energy rated products.
Use of green cleaning products.
6. Procurement Target
The City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target.
To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target as established by CalRecycle, products that may be procured include the following (provided that each product meets the criteria included in their respective definition in Section 2 of this Policy):
1. SB 1383 Eligible Compost.
2. SB 1383 Eligible Mulch.
3. Renewable Gas in the form of transportation fuel, electricity or heat.
4. Electricity Procured from Biomass Conversion.
Requirements for Departments responsible for landscaping maintenance, renovation or construction shall:
1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in Section 2 of this Policy for landscaping maintenance, renovation or construction as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2. When Jurisdiction uses Compost and SB 1383 Eligible Mulch and the applications are subject to the State’s Model Water Efficient Landscape Ordinance (MWELO), or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:
For landscape installations, Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
Apply a minimum three inch (3”) layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
Procure organic mulch materials made from recycled or post-consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
3. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the Recordkeeping Designee, upon completion of project.
Records shall include:
General procurement records, including:
General description of how and where the product was used and applied, if applicable; Source of product, including name, physical location, and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products were procured; Type of product;
Quantity of each product; and
Invoice or other record demonstrating purchase or procurement.
For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with the requirements specified in Section 3.2.A.3.
For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the City or Direct Service Provider meets the land application standards specified in 14 CCR Section 18993.1.
4. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event.
Requirements for Direct Service Providers of landscaping maintenance, renovation, and construction shall:
1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, as defined in Section 2 of this Policy, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2. If Direct Service Provider is subject to the City’s WELO pursuant to 492.6 (a)(3)(B), (C), (D), and (G) of the State’s MWELO, Title 23, the City Purchasing Policy must comply with one of the following, whichever is more stringent: (i) the locally-adopted WELO that is more stringent than the State’s MWELO, or (ii) Sections Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:
For landscape installations, Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
Apply a minimum three inch (3”) layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
Procure organic mulch materials made from recycled or post-consumer materials rather than inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
3. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to Recordkeeping Designee, upon completion of projects. Information to be provided shall include:
General description of how and where the product was used and if applicable, applied; Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; Type of product;
Quantity of each product; and
Invoice or other record demonstrating purchase or procurement.
Requirements for Direct Service Providers of Organic Waste collection services shall:
Provide a specified quantity of Compost or SB 1383 Eligible Mulch to the City and its customers via periodic “giveaways” as specified in a franchise agreement or other agreement.
Keep and provide records to the City including the following:
Dates provided;
Source of product including name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products were procured; Type of product;
Quantity provided; and,
Invoice or other record or documentation demonstrating purchase, procurement or transfer of material to giveaway location.
Requirements for Direct Service Providers of Renewable Gas shall:
Procure what is appropriate and available of their fuel as Renewable Gas if required to do so in City RFPs and RFQs for such services or as required by permit, license, written agreement or written contract with the City.
Include a price preference to contractors that propose to use the amount or percentage of Renewable Gas specified in the City’s RFP or RFQ to be eligible for said price preference for contractors that procure fuel in the course of their services to the City. Such use, if it occurs, shall be documented in a written contract or agreement.
Submit information listed in Section 3 on a schedule to be determined by the City, but not less than annually, to the Recordkeeping Designee if Renewable Gas made from recovered Organic Waste is used by Direct Service Providers.
Comply with criteria specified in 14 CCR Section 18993.1 for Renewable Gas used by Direct Service Providers under Sections 3.3.A and 3.3.B 7.
Recycled-content Paper Procurement
Requirements for Departments
If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all departments shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.
All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the Jurisdiction. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 4.2.A.3-4 for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided.
Requirements for Vendors
All vendors that provide Paper Products including janitorial Paper Products, Printing and Writing Paper to the City shall:
Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item available at equal or lesser price.
All vendors providing printing services to the Jurisdiction via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.
Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper or both can be verified by a product label, catalog, invoice or a manufacturer or vendor internet website.
Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the Jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchased from the vendor within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the Jurisdiction. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 4.2.A.3-4 for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non- Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided.
8. Recordkeeping Responsibilities
The Public Works Department will be the responsible department and will select an employee to act as the Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.
The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:
Collect and collate copies of electronic invoices or receipts or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of Jurisdiction’s documentation of its compliance with 14 CCR Section 18993.3.
Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the Jurisdiction to develop evidence of Jurisdiction meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the Jurisdiction’s documentation of its compliance with 14 CCR Section 18993.1.
Collect and maintain documentation submitted by City departments, Direct Service Providers, and/or vendors.
Compile an annual report on the City’s procurement activities and vendor/other procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper procurement. This report shall be submitted to CalRecycle.
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