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RECOVERED ORGANIC WASTE PRODUCT 1
PROCUREMENT POLICY 2
SECTION 1. PURPOSE 3
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A. It is the policy of the City of Fullerton (City), applicable to all departments and divisions, to incorporate environmental considerations including recycled-content and recovered Organic Waste product use into purchasing practices and procurement. This Recovered Organic Waste Product Procurement Policy (Policy) supplements the procedures fro m
the City’s existing Environmentally
Preferred Purchasing policy and will help the City to:
1. Protect and conserve natural resources, water, and energy;
2. Minimize the City’s contribution to climate change, pollution, and solid waste disposal;
3. Institute practices that reduce waste, encourage reuse, and result in the purchase of fewer products; and,
4. Comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials, and to purchase Recycled- Content Paper Products and Recycled-Content Printing and Writing Paper whenever they perform satisfactorily and are available at a reasonably competitive price.22
SECTION 2. DEFINITIONS 23
A. “Annual Recovered Organic Waste Product Procurement Target” means the24 amount of Organic Waste in the form of a Recovered Organic Waste Product that25 the City is required to procure annually under 14 CCR Section 18993.1. This target26 shall be calculated by multiplying the per capita procurement target, which shall be27
0.08 tons of Organic Waste per California resident per year, multiplied by the City’s28 residential population using the most recent annual data reported by the California29 Department of Finance. Annually, CalRecycle will provide notice to each City of its30 Annual Recovered Organic Was te Product Procurement Target by posting such31 information on CalRecycle’s website and providing written notice directly to the32 City.33
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B. “City” means the City of Fullerton, a general law city, and all the territory lying within 34 the municipal boundaries of the City as presently existing or as such boundaries 35 may be modified during the term of this policy. 36
C. “Compost” mean s the product resulting from the controlled biological 37 decomposition of organic solid wastes that are source separated from the 38 municipal solid waste stream or which are separated at a centralized facility or as 39 otherwise defined in 14 CCR Section 17896.2(a)(4). 40 Compost eligible for meeting the Annual R ecovered Organic Waste Product 41 Procurement Target must be produced at a compostable material handling 42 operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 43 7 or produced at a large volume in -vessel digestion facility that composts on-site 44 as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall 45 meet the State’s composting operations regulatory requirements. 46 D. “Direct Service Provider” means a person, company, agency, district, or other 47 entity that provides a service o r services to City pursuant to a contract or other 48 written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 49 E. “Electricity Procured from Biomass Conversion” means electricity generated from 50 biomass facilities that convert recovered Organic Waste , such as wood and 51 prunings from the municipal stream, into electricity. Electricity procured from a 52 biomass conversion facility may only count toward the City’s Annual Recovered 53 Organic Waste Product Procurement Target if the facility receives feedstock 54 directly from certain permitted or authorized compostable material handling 55 operations or facilities, transfer/processing operations or facilities, or landfills , as 56 described in 14 CCR Section 18993.1(i). 57
F. “Organic Waste” means solid wastes containing material originated from living 58 organisms and their metabolic waste products including, but not limited to, food 59 waste, yard trimmings, organic textiles and carpets, lumber, wood, Paper 60 Products, Printing and Writing Paper, manure, biosol ids, digestate, and sludges, 61 or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate 62 are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 63 18982(a)(16.5), respectively. 64
G. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, 65 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 66 toweling; or as otherwise defined in 14 CCR Section 18982(a)(51). 67 H. “Printing and Writing Papers” include, but are not limited to, copy, xe rographic, 68 watermark, cotton fiber, offset, forms, computer printout paper, white wove 69 envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, 70 and other uncoated writing papers, posters, index cards, calendars, brochures, 71 reports, magazines, and publications; or as otherwise defined in 14 CCR Section 72 18982(a)(54). 73
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I. “Procurement of Recovered Organic Waste Products ” shall mean purchase or 74 acquisition (e.g., free delivery or free distribution from a hauler or other entity via a 75 written agreement or contract ), and end use by the City or others. The City’s 76 Annual Recovered Organic Waste Product P rocurement Target can be fulfilled 77 directly by the City or by Direct Service Pro viders through written contracts or 78 agreements for Procurement of Recovered Organic Waste Pro ducts at the City’s 79 behest. 80
J. “Publicly-Owned Treatment Works” or “POTW” has the same meaning as in 81 Section 403.3(r) of Title 40 of the Code of Federal Regulations. 82 K. “Recovered Organic Waste Products ” means products made from California, 83 landfill-diverted recovered Organic Waste processed at a permitted or otherwise 84 authorized operation or facility , or as otherwise defined in 14 CCR Section 85 18982(a)(60). Products that can be used to meet the Annual Recovered Organic 86 Waste Product Procurement Target shall include Compost, SB 1383 Eligible 87 Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured 88 from Biomass Conversion as described herein and provided that such products 89 meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 90 L. “Recordkeeping Designee” means the public employee appointed by the City 91 Manager or their designee to track procurement and maintain records of 92 Recovered Organic Waste Product procurement effo rts both by the City and 93 others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 94 and 13. 95
M. "Recyclability" means that the Paper Product s and Printing and Writing Paper 96 offered or sold to the City are eligible to be labeled with an unqualified recyclable 97 label as defined in 16 Code of Federal Regulations Section 260.12 (2013). 98 N. “Recycled-Content Paper Products and Recycled -Content Printing and Writing 99 Paper” means such products that consist of at lea st thirty percent (30%), by fiber 100 weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 101 22154 and Sections 12200 and 12209 of the Public Contract Code, and as 102 amended, or as otherwise defined in 14 CCR Section 18982(a)(61). 103 O. “Renewable Gas” means gas derived from Organic Waste that has been diverted 104 from a landfill and processed at an in -vessel digestion facility that is permitted or 105 otherwise authorized by 14 CCR to recover Organic Waste , or as otherwise 106 defined in 14 CCR Section 18982(a)(62). 107
P. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on 108 September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 109 39730.8 to the Health and Safety Code, and added Chapte r 13.1 (commencing 110 with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 111 establishing methane emissions reduction targets in a statewide effort to reduce 112 -4- City of Fullerton
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emissions of short -lived climate pollutants , as amended, supplemented, 113 superseded, and replaced from time to time. 114
Q. “SB 138 3 Regulations” or “SB 1383 Regulatory” means or refers to , for the 115 purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste 116 Reductions regulations developed by CalRecycle and adopted in 2020 that created 117 Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR 118 and 27 CCR. 119
R. “SB 1383 Eligible Mulch ” means mulch eligible to meet the Annual Recovered 120 Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of 121 Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the 122 duration of the applicable procurement compliance year , as specified by 14 CCR 123 Section 18993.1(f)(4): 124
1. Produced at one of the following facilities: 125
i. A compostable material handling operation or facility as defined in 126 14 CCR Section 17852(a)(12), that is permitted or authorized under 127 14 CCR Division 7, other than a chipping and grinding operation or 128 facility as defined in 14 CCR Section 17852(a)(10); 129 ii. A transfer/processing facility or transfer/processing operation as 130 defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that 131 is permitted or authorized under 14 CCR Division 7; or, 132 iii. A solid waste landfill as defined in Public Resources Code Section 133 40195.1 that is permitted under 27 CCR Division 2. 134
2. Meet or exceed the physical contamination, maximum metal concentration, 135 and pathogen density standards for land application specified in 14 CCR 136 Sections 17852(a)(24.5)(A)1 through 3 , as enforced by the individual 137 agreements with the Direct Service Providers. 138
S. “State” means the State of California. 139
SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT 140
3.1 Procurement Target 141
A. City will annually procure for use or giveaway a quantity of Recovered Organic 142 Waste Products that meet s or exceed s its Annual Recovered Organic Waste 143 Product Procurement Target through the implementation of Sections 3 through 5 144 of this Policy. 145
B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement 146 Target, products that may be procured include the following (provided that each 147 -5- City of Fullerton
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product meets the criteria included in their respective definition in Section 2 of this 148 Policy): 149
1. SB 1383 Eligible Compost (as defined in Section 2.C). 150
2. SB 1383 Eligible Mulch (as defined in Section 2.R). 151
3. Renewable Gas (in the form of transportation fuel, electricity, or heat) (as 152 defined in Section 2.O). 153
4. Electricity procured from Biomass Conversion (as defined in Section 2.E). 154
3.2 Requirements for City Departments 155
A. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments 156 responsible for landscaping maintenance, renovation, or construction shall: 157
1. Use Compost and SB 1383 Eligible M ulch produced from recovered 158 Organic Waste , as defined in Section 2 .C and 2.R of this Policy, for 159 landscaping maintenance, renovation , or construction, as practicable, 160 whenever available, and capable of meeting quality standards and criteria 161 specified. SB 1383 Eligible Mulch used for land application must meet or 162 exceed the physical contamination, maximum metal concentration and 163 pathogen density standards specified in 14 CCR Section 164 17852(a)(24.5)(A)(1) through (3). 165
2. When City uses Compost and SB 1383 Eligible Mulch and the applications 166 are subject to the City’s Water Efficient Landscaping Ordinance ( WELO), 167 pursuant to the Fullerton Municipal Code Section 15.50, comply with one of 168 the following, whichever is more stringent, (i) the City’s WELO, City Code 169 Section 15.50, if more stringent than the State ’s Model Water Efficient 170 Landscape Ordinance (MWELO), or (ii) Sections 492.6 (a)(3)(B), (C), (D), 171 and (G) of the State’s Model Water Efficient Landscape Ordinance, Title 23, 172 Division 2, Chapter 2.7 of the CCR , as amended September 15, 2015, 173 which requires the submittal of a landscape design plan with a “Soil 174 Preparation, Mulch, and Amendments Section” to include the following: 175 a. For landscape installations, Compost at a rate of a minimum of 4 176 cubic yards per 1,000 square feet of permeable area shall be 177 incorporated to a depth of six (6) inches into the soil. Soils with 178 greater than six percent (6%) organic matter in the top six (6) inches 179 of soil are exempt from adding Compost and tilling. 180 b. Apply a minimum three (3) inch layer of mulch on all exposed soil 181 surfaces of planting areas except in turf areas, creeping or rooting 182 groundcovers, or direct seeding applications where mulch is 183 contraindicated. To provide habitat for beneficial insects and other 184 wildlife, leave up to five percent (5%) of the landscape area without 185 -6- City of Fullerton
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mulch. Designated insect habitat must be included in the landsc ape 186 design plan as such. 187
c. Procure o rganic mulch materials made from recycled or post -188 consumer materials rather than inorganic materials or virgin forest 189 products unless the recycled post -consumer organic products are 190 not locally available. Organic mulche s are not required where 191 prohibited by local Fuel Modification Plan Guidelines or other 192 applicable local ordinances. 193
d. For all mulch that is land applied, procure SB 1383 Eligible M ulch 194 that meets or exceeds the physical contamination, maximum metal 195 concentration, and pathogen density standards for land applications 196 specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). 197
3. Keep records, including invoices or proof of Recovered Organic Waste 198 Product procurement (either through purchase or acquisition), and submit 199 records to the Recordkeeping Designee, on a schedule to be determined 200 by Recordkeeping Designee. 201
Records shall include: 202
a. General procurement records, including: 203
(i) General description of how and where the product was used 204 and applied, if applicable; 205
(ii) Source of product, including name, physical locatio n, and 206 contact information for each entity, operation, or facility from 207 whom the Recovered Organic Waste Products were 208
procured; 209
(iii) Type of product; 210
(iv) Quantity of each product; and, 211
(v) Invoice or other record demonstrating purchase or 212 procurement. 213
b. For Compost and SB 1383 Eligible Mulch provided to residents 214 through giveaway events or other types of distribution methods, keep 215 records of the Compost and SB 1383 Eligible Mulch provided to 216 residents. Records shall be maintained and submitted to the 217 Recordkeeping Designee in accordance with the requirements 218 specified in Section 3.2.A.3. 219
c. For procurement of SB 1383 Eligible Mulch, maintain an updated 220 copy of the ordinance or enforceable mechanism(s) requiring that the 221 -7- City of Fullerton
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mulch procured by the City or Direct Service Provider meets the land 222 application standards specified in 14 CCR Section 18993.1, as it may 223 be amended from time to time, as currently reflected in the 224 agreements with the Direct Service Providers. 225
4. When Procurement of Recovered Organic Waste Products occurs through 226 a Direct Service Pro vider, enter into a written contract or agreement or 227 execute a purchase order with enforceable provisions that includes: (i) 228 definitions and specifications for SB 1383 Eligible Mulch, Compost, 229 Renewable Gas, and/or Electricity Procured from Biomass Conversion ; 230 and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) 231 in the event the Direct Service Pro vider is not compliant with the 232 requirements. 233
B. Renewable Gas procurement (used for fuel for transportation, electricity, or heating 234 applications). For Renewable Gas procurement, City shall: 235
1. Procure Renewable Gas made from recovered Organic Waste for 236 transportation fuel, electricity, and heating applications to the degree that it 237 is appropriate and available for the City and to help meet the Annual 238 Recovered Organic Waste Product Procurement Target, which requires 239 compliance with criteria specified in 14 CCR Section 18993.1. 240
2. Keep r ecords in the same manner indicated in Section 3.2.A.3 for the 241 amount of Renewable Gas procured and used by the City, including the 242 general procurement record information specified in Section 3.2.A.3.a, and 243 submit records to the Recordkeeping Designee on a schedule to be 244 determined by Recordkeeping Designee . City shall additionally obtain the 245 documentation and submit reco rds specified in Section 3.2.B.3 below , if 246 applicable. 247
3. If the City procures Renewable Gas from a POTW, 248 a. Annually verify that the Renewable Gas from the POTW complies 249 with the requirements specified in 14 CCR Section 18993.1(h) , 250 including, but not li mited to the exclusion in 14 CCR Section 251 17896.6(a)(1) and the items listed in this Section 3.2.B.3. 252 b. Annually receive a record from the POTW documenting the tons of 253 Organic Waste received by the POTW from: (i) a compostable 254 material handling operation or facility as defined in 14 CCR Section 255 17852(a)(12), other than a chipping and grinding operation or facility 256 as defined in 14 CCR Section 17852(a)(10), that is permitted or 257 authorized under 14 CCR Division 7; (ii) transfer/processing facility 258 or transfer/processing operation as defined in 14 CCR Sections 259 17402(a)(30) and (31), respectively, that is permitted or authorized 260 under 14 CCR Division 7; or (iii) a solid waste landfill as defined in 261 -8- City of Fullerton
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Public Resources Code Section 40195.1 that is permitt ed under 27 262 CCR Division 2. 263
c. Annually receive documentation from the POTW of the percentage 264 of biosolids that the POTW produced and transported to activities 265 that constitute landfill disposal in order to demonstrate that the 266 POTW transported less than twenty-five percent ( 25%) of the 267 biosolids it produced to activities that constitute landfill disposal. For 268 the purposes of this Policy, landfill disposal is defined pursuant to 14 269 CCR Section 189 83.1(a) and includes final disposition at a landfill; 270 use of material as alternative daily cover or alternative intermediate 271 cover at a landfill, and other dispositions not listed in 14 CCR Section 272 18983.1(b). Alternative daily cover or alternative intermediate cover 273 are defined in 27 CCR Sections 20690 and 20700, respectively. 274 d. Annually receive documentation that the POTW receives vehicle -275 transported solid waste that is an anaerobically digestible material 276 for the purpose of anaerobic co-digestion with POTW treatment plant 277 wastewater to demonstrate that the POTW meets the requirement of 278 14 CCR Section 18993.1(h)(2). 279
e. City shall submit these records to the Recordkeeping Designee on 280 an annual basis, on a schedule to be determined by Recordkeeping 281 Designee, following receipt of notification from the POTW. 282 C. Electricity Procured from Biomass Conversion. For Electricity Procured from 283 Biomass Conversion, City shall: 284
1. Procure electricity from a biomass conversion facility that receives 285 feedstock from a composting facility, transfer/processing facility, a solid 286 waste landfill, and/or receives feedstock from the generator or employees 287 on behalf of the generator of the Organic Waste and to the degree that it is 288 available and practicable for the City and to help meet the Annual 289 Recovered Organic Waste Product Procurement Target, which requires 290 compliance with criteria specified in 14 CCR Section 18993.1. 291
2. Maintain records and conduct the following recordkeeping activities: 292 a. Keep records in the same manner indicated in Section 3.2.A.3 of this 293 Policy for the amount of Electricity Procured from Biomass 294 Conversion facilities, including the general procurement record 295 information specified in Section 3.2.A.3.a. 296
b. Receive written notification by an authorized representative of the 297 biomass convers ion facility certifying t hat biomass feedstock was 298 received from a permitted solid waste facility identified in 14 CCR 299 Section 18993.1(i). 300
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c. Provide these records to the Recordkeeping Designee. 301
3.3 Requirements for Direct Service Providers 302
A. Direct Service Providers of landscaping maintenance, renovation, and 303 construction shall: 304
1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from 305 recovered Organic Waste, as defined in Section 2.B and 2.R of this Policy, 306 for all landscaping renovations, construction, or maintenance performed for 307 the City, whenever available, and capable of meeting quality standards and 308 criteria specified . SB 1383 Eligible Mulch used for land application shall 309 comply with 14 CCR, Division 7, Chapter 12, Article 12 an d must meet or 310 exceed the physical contamination, maximum metal concentration and 311 pathogen density standards specified in 14 CCR Section 312 17852(a)(24.5)(A)(1) through (3). 313
2. If Direct Service Provider is subject to the City’s WELO pursuant to City 314 Code Section 15.50, comply with one of the following, whichever is more 315 stringent: (i) the locally-adopted WELO that is more stringent than the 316 State’s MWELO, or (ii) Sections 492.6 (a)(3) (B), (C), (D), and (G) of the 317 State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended 318 September 15, 2015 , which requires the submittal of a landscape design 319 plan with a “Soil Preparation, Mulch, and Amendments Section” to include 320 the following: 321
a. For landscape installations, Compost at a rate of a minimum of 4 322 cubic yards per 1,000 square feet of permeable area shall be 323 incorporated to a depth of six ( 6) inches into the soil. Soils with 324 greater than six percent (6%) organic matter in the top six (6) inches 325 of soil are exempt from adding Compost and tilling. 326 b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil 327 surfaces of planting areas except in turf areas, creeping or rooting 328 groundcovers, or direct seeding applications where mulch is 329 contraindicated. To provide habitat for beneficial insects and other 330 wildlife, leave up to five percent (5%) of the landscape area without 331 mulch. Designated insect habitat must be included in the landscape 332 design plan as such. 333
c. Procure o rganic mulch mate rials made from recycled or post -334 consumer materials rather than inorganic materials or virgin forest 335 products unless the recycled post -consumer organic products are 336 not locally available. Organic mulches are not required where 337 prohibited by local Fuel Modification Plan Guidelines or other 338 applicable local ordinances. 339
d. For all mulch that is land applied , procure SB 1383 Eligible Mulch 340 -10- City of Fullerton
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that meets or exceeds the physical contamination, maximum metal 341 concentration, and pathogen density standards for land applications 342 specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). 343
3. Keep and provide records of Procurement of Recovered Organic Waste 344 Products (either through purchase or acquisition) to Recordkeeping 345 Designee, on a schedule to be determined by Recordkeeping Designee . 346 Information to be provided shall include: 347
a. General description of how and where the product was used and if 348 applicable, applied; 349
b. Source of product, including name, physical location , and contact 350 information for each entity, operation , or facility from whom the 351 Recovered Organic Waste Products were procured; 352
c. Type of product; 353
d. Quantity of each product; and, 354
e. Invoice or other record demonstrating purchase or procurement. 355 B. Direct Service Provider of Organic Waste collection services shall assist the City 356 to: 357
1. Procure Recovered Organic Waste Products to assist in meeting the City’s 358 per capita procurement requirement and provide Compost or SB 1383 359 Eligible Mulch to the City directly and to its customers via periodic 360 “giveaways”. The remainder shall be distributed as specified in an 361 agreement with the Direct Service Provider. 362
2. Keep and provide records to the City including the following: 363 a. Dates provided 364
b. Source of product including name, physical location and contact 365 information for each entity, operation or facility from whom the 366 Recovered Organic Waste Products were procured; 367
c. Type of product; 368
d. Quantity provided; and, 369
e. Invoice or other record or documentation demon strating purchase, 370 procurement, and/or transfer of material. 371
C. Renewable Gas procurement by Direct Service Providers 372
1. Direct Service Providers transporting solid waste, organic materials, and/or 373 -11- City of Fullerton
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recyclable materials shall procure a specified percentage, to be determined 374 by the City, of their fuel as Renewable Gas if required to do so in RFPs and 375 RFQs released by the City for such services or a s required by permit, 376 license, written agreement, or written contract with the City. 377
2. Departments releasing RFPs and RFQs for contractors that procure fuel in 378 the course of their services to the City may include a price preference to 379 contractors that propose to use the amount or percentage of Renewable 380 Gas specified in the RFP or RFQ to be eligible for said price preference. 381 Such use, if it occurs , shall be documented in a written contract or 382 agreement. 383
3. If Renewable Gas made from recovered Organic Waste is used by Direct 384 Service Providers, Direct Service Providers shall submit information listed 385 in Section 3.3.B.2.a-e on a schedule to be determined by City, but not less 386 than annually to the Recordkeeping Designee. 387
4. Renewable Gas used by Direct Service Providers under Sections 3.3.A and 388
3.3.B shall comply with criteria specified in 14 CCR Section 18993.1. 389 SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT 390
4.1 Requirements for City Departments 391
A. Comparable pricing: If fitness and quality of Recycled-Content Paper Products and 392 Recycled-Content Printing and Writing Paper are equal to that of non -recycled 393 items, all departments and divisions of City shall purchase Recycled-Content 394 Paper Products and Recycled-Content Printing and Writing Paper that consists of 395 at least thirty percent (30%) , by fiber weight, postconsumer fiber, whenever 396 available at the same total cost than non-recycled items or comparable to the total 397 cost for non -recycled Paper Products , consistent with the requirements of the 398 Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 399 12209, as amended. 400
B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled 401 with an unqualified recyclable label as defined in Title 16 Code of Federal 402 Regulations Section 260.12 (2013). Other required criteria are included in Section 403
4.2 below. 404
C. Provide records to the Recordkeeping Designee of all Paper Products and Printing 405 and Writing Paper purchases on a schedule to be determined by Recordkeeping 406 Designee (both recycled-content and non -recycled content, if any is purchased) 407 made by a division or department or employee of the City. Records shall include a 408 copy of the invoice or other documentation of purchase, written certifications as 409 required in Section 4.2.A.3 -4 for recycled -content purchases, vendor name, 410 purchaser name, quantity purchased, d ate purchased, and recycled content 411 (including products that contain none), and if non -Recycled-Content Paper 412 -12- City of Fullerton
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Products and/or non-Recycled-Content Printing and Writing Paper are provided, 413 include a description of why Recycled -Content Paper Products and/or Recycled-414 Content Printing and Writing Paper were not provided. 415
4.2 Requirements for Vendors 416
A. All vendors that provide Paper Products (including janitorial Paper Products) and 417 Printing and Writing Paper to City shall: 418
1. Provide Recycled-Content Paper Products and Recycled-Content Printing 419 and Writing Paper that consists of at least thirty percent (30%) , by fiber 420 weight, postconsumer fiber , if fitness and quality are equal to that of non -421 recycled item are available at equal or comparable to the total cost for non-422 recycled Paper Products. 423
2. Only provide Paper Product s and Printing and Writing Paper s that meet 424 Federal Trade Commission Recyclability standard as defined in Title 16 425 Code of Federal Regulations Section 260.12 (2013). 426
3. Certify in writing , under penalty of perjury, the minimum percentage of 427 postconsumer material in the Paper Product s and Printing and Writing 428 Paper offered or sold to the City. This certification requirement may be 429 waived if the percentage of postconsumer material in the Paper Products, 430 Printing and Writing Paper , or both can be verified by a product label, 431 catalog, invoice, or a manufacturer or vendor internet website. 432
4. Certify in writing , under penalty of perjury, that the Paper Product s and 433 Printing and Writing Paper offered or sold to the City is eligible to be labeled 434 with an unqualified recyclable label as defined in Title 16 Code of Federal 435 Regulations Section 260.12 (2013). 436
5. Provide records to the Recordkeeping Designee of all Paper Products and 437 Printing and Writing Paper purchased from the vendor on a schedule to be 438 determined by Recordkeeping Designee (both recycled-content and non-439 recycled content, if any is purchased) made by a division or department or 440 employee of the City. Records shall include a copy of the invoice or other 441 documentation of purchase, written certifications as required in Section 442
4.2.A.3-4 for recycled-content purchases, purchaser name, quantity 443 purchased, date purchased, and recycled content (including products that 444 contain none) , and if non -Recycled-Content Paper Product s and/or non - 445 Recycled-Content Printing and Writing Paper are provided, include a 446 description of why Recycled-Content Paper Product s and/or Recycled -447 Content Printing and Writing Paper were not provided. 448 B. All vendors providing printing services to the City via a printing contract or written 449 agreement, shall use Printing and Writing Paper that consists of at least thirty 450 percent (30%) , by fiber weight, postconsumer fiber , or as amended by Public 451 Contract Code Section 22153. 452
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SECTION 5. RECORDKEEPING RESPONSIBILITIES 453
A. The Public Works Department will be the responsible department and will select 454 an employee to act as the main Recordkeeping Designee that will be responsible 455 for obtaining records pertaining to Procurement of Recovered Organic Waste 456 Products and Recycled-Content Paper Products and Recycled -Content Printing 457 and Writing Paper . However, each department shall have a r ecordkeeping 458 designee that will provide the information to the Public Works designated main 459 Recordkeeper. 460
B. The main Recordkeeping Designee , with the assistance of other departments’ 461 designees, will do the following to track Procurement of Recovered Organic Waste 462 Products, Recycled-Content Paper Products, and Recycled -Content Printing and 463 Writing Paper: 464
1. Collect and collate copies of invoices or receipts (paper or electronic) or 465 other proof of purchase that describe the procurement of Printing and 466 Writing Paper and Paper Products, including the volume and type of all 467 paper purchases; and, copies of certifications and other required 468 verifications from all departments and/or divisions procuring Paper Products 469 and Printing and Writing Paper (whether or not they contain recycled 470 content) and/or from the vendors providing Printing and Writing Paper and 471 Paper Products. These records must be kept as part of City' documentation 472 of its compliance with 14 CCR Section 18993.3. 473
2. Collect and collate copies of invoices or receipts or documentation 474 evidencing procurement from all departments and divisions procuring 475 Recovered Organic Waste Products and invoices or similar records from 476 vendors/contractors/others procuring Recovered Organic Waste Products 477 on behalf of the City to develop evidence of City meeting its Annual 478 Recovered Organic Waste Product Procurement Target . These records 479 must be kept as part of the City’s documentation of its compliance with 14 480 CCR Section 18993.1. 481
3. Collect, collate, and maintain documentation submitted by the City, Direct 482 Service Providers, and/or vendors, including the information reported to the 483 Recordkeeping Designee in accordance with Sections 3.2.A.3, 3.2.B.2, 484
3.2.C.2, 3.3.A.3, 3.3.B.2, 3.3.C.3, 4.1.C, and 4.2.A.5. 485
4. Compile an annual report on the City’s direct procurement , and 486 vendor/other procurement on behalf of the City, of Recovered Organic 487 Waste Products, Recycled-Content Paper Products, and Recycled-Content 488 Printing and Writing Paper, consistent with the recordkeeping requirements 489 contained in 14 CCR Section 18993.2 for the Annual R ecovered Organic 490 Waste Product Procurement Target and 14 CCR Section 18993.4 for 491 Recycled-Content Paper Products and Recycled-Content Printing and 492 Writing Paper procurement. This report shall be made available to the City’s 493 -14- City of Fullerton
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responsible entity for compiling the annual report to be submitted to 494 CalRecycle (which will include a description of compliance on many other 495 SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 496 12, Article 13 . The procurement report shall also be shared with Council 497 annually as evidence of implementing this Policy. 498
SECTION 6. EFFECTIVE DATE OF POLICY 499
This Policy shall go into effect immediately. 500