Section 12209 - Minimum recycled content requirements(a)(1) CalRecycle, with the concurrence of the department and in consultation with impacted agencies, shall update the list of products identified in this section and update the minimum recycled content percentages, as determined to be appropriate, commencing January 1, 2026, and every three years thereafter. In updating the list of products identified, CalRecycle shall take into consideration the standards in the United States Environmental Protection Agency Comprehensive Procurement Guidelines for Paper and Paper Products. CalRecycle and the department shall incorporate the updated list of products and minimum recycled content requirements into the State Contracting Manual, the Financial Information System for California, and the financial system of any department not utilizing the Financial Information System for California. CalRecycle shall maintain an internet website with current SABRC products and minimum recycled content requirements.(2) In determining whether the minimum recycled content percentages should be updated pursuant to paragraphs (1) and (3), CalRecycle shall consider, at a minimum, all of the following factors: (A) Market conditions, including supply and demand for the postconsumer recycled materials, collection rates, and bale availability both domestically and globally.(C) The availability of the recycled material suitable to meet the minimum recycled content requirements.(D) The capacity of recycling or processing infrastructure.(3) CalRecycle, with the concurrence of the department, may set a higher minimum recycled content standard for white 20 pound printing and writing paper and white wove envelopes, either during the triennial review pursuant to paragraph (1) or at any other time after January 1, 2024.(b) For purposes of this article, effective January 1, 2023, and until updated pursuant to subdivision (a), the product categories and minimum content and recyclability requirements identified in subdivisions (c) to (r), inclusive, shall apply:(c)(1) Recycled paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, as specified below. Printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer recycled content fiber, provided that printed newspapers that meet the requirements of Chapter 15 (commencing with Section 42750) of Part 3 of Division 30 of the Public Resources Code shall be considered in compliance with the requirements of this section.(2) Other paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, except as specified below:(A) Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber.(B) Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.(C) Facial tissue shall consist of at least 10 percent, by fiber weight, postconsumer recycled content fiber.(D) Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber.(E) General purpose paper wipers shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.(F) Food serviceware, including, but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc. shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.(d)(1) For recycled soil amendments and soil toppings, at least 80 percent of the product shall consist of compost or mulch materials, or both, that would otherwise be normally disposed of in landfills.(2) As used in this subdivision: (A) "Compost" means a product that meets the following requirements:(i) It results from the controlled biological decomposition of organic materials, including, but not limited to, yard trimmings, green materials, food materials, biosolids and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility, or other source of organic materials.(ii) It is produced by a public or private supplier that is in compliance with CalRecycle's composting operations regulatory requirements.(B) "Mulch" means a product that meets the following requirements:(i) It results from the mechanical breakdown by chipping and grinding of materials, including, but not limited to, yard trimmings, untreated lumber, and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility.(ii) It is produced by a public or private supplier that is in compliance with CalRecycle's composting operations regulatory requirements.(iii) It results from the mechanical breakdown by chipping and grinding of dead and dying trees removed to reduce wildfire risk.(e)(1) For recycled erosion control products, the recycled products shall be derived to the greatest extent possible, from no less than 100 percent California recycled organic materials diverted from the solid waste stream or from forest health management that consists of trees generated from the removal of dead and dying trees to reduce wildfire risk, and hydraulic mulch that includes compost made from 100 percent California recycled organic materials or recycled paper, or both, with 100 percent California content, as practicable and feasible.(2) As used in this subdivision:(A) "Recycled erosion control products" mean compost filter socks, compost blankets, and other compost-related erosion products:(i) Compost filter socks are a three-dimensional tubular sediment control and stormwater runoff filtration device consisting of a mesh covering and a filtration medium made of fully composted materials. Compost filter socks come in 5, 8, and 12 inches in diameter. A 5-inch compost filter sock may be considered the functional equivalent of a 12-inch straw wattle.(ii) A compost blanket is a layer of compost protecting bare soil surfaces with slope less than 1.5:1 from wind and water erosion that provides water conservation, weed control, and nutrients for long-term, sustainable vegetation. The blanket may or may not contain a tackifier or be seeded. The blanket may be spread by hand or using a blower truck.(B) "Hydraulic mulch" means an erosion control process that uses a fiber slurry and a tackifier. The slurry is transported in a tank, either truck- or trailer-mounted, and sprayed on prepared ground. The slurry may also contain compost and seeds.(3) When considering the costs of compost-based erosion control measures, state agencies may also consider performance, pollution prevention, and cost of deployment, although when pollutants are present, control of pollutants shall take precedence over cost.(f) For recycled glass, not including glass food and beverage containers, the total weight shall consist of at least 25 percent postconsumer material, except for fiberglass, which shall consist of 30 percent cullet, consistent with Section 19511 of the Public Resources Code.(g) Rerefined lubricating oil shall have a base oil content consisting of at least 70 percent rerefined oil.(h)(1) For recycled plastic products, the total weight shall consist of at least 20 percent postconsumer material.(2) Recycled printer or duplication cartridges shall be remanufactured such that they adhere to specifications equal to or exceeding original equipment manufacturer (OEM) cartridge specifications and approved remanufactured toner cartridge industry standards established by the Standardized Test Methods Committee, or comply with the general requirement for recycled plastic products set forth in paragraph (1). All printer or duplication cartridges shall comply with the requirements set forth in Section 12156.(i) Recycled paint shall have a recycled content consisting of at least 50 percent postconsumer paint. Preconsumer or secondary paint does not qualify as "recycled paint" pursuant to this subdivision.(j) Recycled antifreeze fluid shall have a recycled content of at least 70 percent postconsumer materials.(k) Retreaded tires must use an existing casing that has undergone an approved or accepted recapping or retreading process, in accordance with Chapter 7 (commencing with Section 42400) of Part 3 of Division 30 of the Public Resources Code.(l) For recycled tire-derived products, such as crumb rubber (as a singular, intermediate product), rubber mulch or bark, rubberized sidewalks or tree wells, loose-fill or pour-in-place playgrounds, tiled or rolled recreational flooring, floor and agricultural mats, sports tracks, or synthetic turf infill, the total content shall consist of at least 50 percent recycled used waste tires and the recycled products shall be derived from no less than 100 percent California recycled materials diverted from the solid waste stream.(m)(1) Rubberized pavement surfaces, such as rubberized asphalt concrete and chip seal, the binder shall contain at least 15 percent recycled waste tires by weight and the recycled products shall be derived from no less than 100 percent California recycled materials diverted from the solid waste stream.(2) Recycled asphalt pavement shall contain a minimum of 25 percent reclaimed asphalt pavement by weight, as permitted by specifications and standards developed by the Department of Transportation for recycled paving materials pursuant to Sections 42700 and 42701 of the Public Resources Code, to the extent that the use of such materials meets the Department of Transportation's performance standards and that the use of such materials is practicable and feasible without impacting the lifespan and durability of the pavement containing the materials.(n) For recycled metal products, the total weight shall consist of at least 10 percent postconsumer material.(o) For reused or refurbished products, there is no minimum content requirement.(p) For building finishes, open office panel systems shall meet the middle range requirements of department state contracts.(q) Carpet shall contain a minimum postconsumer recycled content that shall be determined by the department and published in the State Contracting Manual by July 1, 2018, and subsequently updated by the department. The department shall include carpet recycling requirements for state buildings in the State Contracting Manual.(r) For textiles in general, there is no minimum content requirement. For general purpose textile wipes, the total content shall consist of 100 percent recycled content. Ca. Pub. Cont. Code § 12209
Added by Stats 2022 ch 517 (AB 661),s 9, eff. 1/1/2023.Repealed by Stats 2022 ch 517 (AB 661),s 8, eff. 1/1/2023.Added by Stats 2005 ch 590 (SB 1106),s 31, eff. 1/1/2006.