COUNTY EXECUTIVE OFFICE
POLICIES AND PROCEDURES
PURCHASING DIVISION:
NUMBER:
BOARD ACTION DATE:
POLICY EFFECTIVE DATE:
CATEGORY:
SUB-CATEGORY:
TITLE:
ENVIRONMENTALLY PREFERABLE PURCHASING (EPP) POLICY
REVISION:
PURCHASING AGENT SIGNATURE:
I. SCOPE
Leaders in government organizations at all levels--local, state, and federal--understand that
improving procurement decisions is an important area of environmental stewardship and a
key strategy in pollution prevention. The County of Orange recognizes it is a large consumer
of goods and services and the purchasing decisions of our employees and contractors have an
environmental impact resulting from the combined impact of a product’s manufacture, use,
and disposition. The goal of this policy is to reduce the adverse environmental impact of our
purchasing decisions by buying goods and services from manufacturers and vendors who
share our commitment to the environment. By including environmental considerations in our
purchasing decisions, along with our traditional concerns with price, performance, and
availability, we will remain fiscally responsible while showing the County of Orange
commitment to leading by example to protect public health and the environment and
strengthening businesses who are leading the transition to an environmentally sustainable
economy. Greening the government's supply chain is proving to be a powerful strategy in
making real and lasting environmental improvements
II. PURPOSE/RECITALS
The below Reference statutes, regulations, executive orders, and guidelines are now directing
the State of California to practice and promote EPP statewide through the adoption of an
Environmentally Preferable Purchasing Program.
As such, the County desires to encourage the use of environmentally preferable purchasing
practices through the development of this policy and an environmentally preferable
purchasing best practices manual inclusive, but not limited to the below referenced statutes,
regulations, executive orders, and guidelines.
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III. DEFINITIONS
The Reference (A) California Statute says:
“Environmentally Preferable Purchasing means the procurement or acquisition of goods and
services that have a lesser or reduced effect on human health and the environment when
compared with competing goods or services that serve the same purpose. This comparison shall
take into consideration, to the extent feasible, raw materials acquisition, production,
manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy
efficiency, product performance, durability, safety, the needs of the purchaser, and cost”.
This definition is similar to what is used by the federal government and other states and local
governments in part of a growing EPP movement.
California statute also provides clarity on potential concerns about EPP. It states explicitly that
EPP cannot supersede recycled-content laws, require purchase of poorly performing goods,
exclude adequate competition, or require unreasonable prices or lead times.
In practice, this means seeking products that have reduced environmental impact because of the
way they are made, used, transported, stored, packaged, and disposed of. It means looking for
products that do not harm human health, are less polluting, and that minimize waste, maximize
use of biobased or recycled materials, conserve energy and water, and reduce the consumption or
disposal of hazardous materials. When determining whether a product is environmentally
preferable, the following environmental attributes should be considered:
Biobased
Biodegradable
Carcinogen free
Chlorofluorocarbon (CFC) free
Compostable
Durable
Energy Efficient
Heavy Metal free
(no lead, mercury, cadmium)
Less Hazardous
Locally Manufactured
Low Volatile Organic Compound
(VOC) content
Low - toxicity
Made from rapidly renewable material
Persistent, bioaccumulative toxic (PBT) free
Recyclable
Recycled Content
Reduced greenhouse gas emissions
Reduced packaging
Refurbished
Resource efficiency
Reusable
Upgradable
Water efficient
IV. POLICY
A. Establishing an Environmental Purchasing Task Force
The County of Orange has assembled an environmental purchasing task force known as
OCGreen Task Force with members from across the County appointed by each
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Department Head. The first task force meeting was held on 27 August 2008 and the task
force shall meet at least six times each year.
The Task Force shall be responsible for:
1. Development of an environmentally preferable purchasing manual to include
purchasing recommendations and practices to clarify people’s responsibilities
under this environmental purchasing policy.
2. Providing assistance to the head of the purchasing department in developing
language to be included in all specifications to ensure they include environmental
considerations.
3. Prioritizing a list of environmentally preferable purchasing opportunities.
4. Preparing education and outreach materials to promote the understanding of the
County’s environmentally preferable purchasing policies, manual and principles.
5. Training the purchasing and contracting staff and other interested parties to
familiarize them with their responsibilities under this environmental purchasing
policy and manual.
6. Developing metrics for measuring progress in implanting the goals of this policy.
7. Establishing recognition programs to recognize the efforts of individuals and
departments that are the most successful at implanting the goals of this policy.
8. Developing an implementation plan for the implementation of developed
environmental policies and principles.
B. Establishing Initial Priorities
Within one year of the date this policy is enacted, the environmental purchasing task
force shall complete an examination of The County’s purchases of the following
commodities and, based on anticipated purchasing needs and volumes and prioritize its
efforts to integrate environmental considerations into their purchase:
1. The more then 50 recycled content products designated by the US
Environmental protection agency
2. The more then 35 energy-efficient products listed by the State Energy Star
program
3. The biobased products designated by the US Department of Agriculture
4. Building renovation and new construction requirements as directed in
California's Green Building Executive Order
5. Cleaning products and services as directed in the LEED certification
requirements
6. Furniture
7. Hybrid electric or alternative fuel vehicles
8. Landscaping products and services
9. Paint and painting services
10. Paper (beyond the initial recycled content requirements)
11. Pest management products and services
12. Renewable electricity
13. Vehicle maintenance products and services
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C. Within one year from the date of this policy is enacted, the County Purchasing Agent
shall ensure procedures are in place to review every upcoming procurement so that
wherever possible specifications, solicitation language, and purchasing regulations are
amended to expand the use of more environmentally preferable products.
The County Purchasing Agent will ensure that when comparing cost, the purchasing
organizations will not focus exclusively on the initial price. Instead, we will calculate and
compare total costs over the life of the item, which includes the initial cost along with
maintenance, operating, insurance, disposal, replacement, and potential liability costs.
Examining life cycle costs will save money by ensuring we are quantifying the total cost
of ownership before making purchasing decisions.
D. Promoting Environmental Purchasing
Every County department is responsible for ensuring its employees, credit card holders,
contractors, and vendors are fully aware of the County’s desire to purchase more
environmentally preferable goods and services through communication, training and
outreach.
E. Balancing Environmental Considerations with Performance, Availability, and Financial
Cost
The County of Orange is committed to buying more environmentally preferable goods
and services as long as they meet our performance needs and they are available within a
reasonable period of time at a reasonable cost. Nothing in this policy shall be construed
as requiring a purchaser or contractor to procure products that do not perform adequately
for their intended use, exclude adequate competition, or are not available at a reasonable
price or in a reasonable period of time.
V. REFERENCE
A.
Public Contract Code Section 12400—Environmentally Preferable Purchasing
This law, formerly known as AB 498 (Chan, Chapter 575, Statutes of 2002),
addresses environmentally preferable purchasing and became California law in
September 2002. It directs the Department of General Services, in consultation with
the California Environmental Protection Agency, members of the public, industry,
and public health and environmental organizations, to provide state agencies with
information and assistance regarding environmentally preferable purchasing. 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.
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B.
C.
Electronic Waste Recovery and Recycling Regulations (California Code of
Regulations Title 14, Division 7, Chapter 8.2) – Provides for the implementation
of the California Electronic Waste Recycling Act of 2003 that reduces hazardous
substances used in the manufacturing of electronic products, and establishes a
funding and reimbursement system for businesses, consumers and the public to
collect and recycle certain electronic wastes.
01-22 Re-Refined Oil - Announces the availability of re-refined oil for State
vehicles during required oil change services. Strongly encourages State and local
government drivers to utilize authorized vendors offering re-refined oil for oil
change services.
D.
06-08 California Gold Sustainable Carpet Standard - Establishes minimum
requirements for material emissions, postconsumer recycled-content and end of life
management for all carpets purchased by the State of California.
E.
Public Contract Code (PCC) 12153-12156 and 12320 State Agency Buy
Recycled Campaign (SABRC) mandates for both State agencies and the
Legislature.
F.
Public Contract Code (PCC) 12164.5-121671.1 and 12300-12306 Project
Recycle for State agencies and the Legislature - 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.
G.
Public Contract Code (PCC) section 12203 requires State agencies (including
California State Universities) to ensure that at least 50 percent of the dollars spent
on products within 11 product categories be spent on recycled-content products
(RCP). In addition, PCC section 12211 requires RCP and non-RCP purchases to be
reported in each agency's annual SABRC Procurement Report. Reused products are
considered to be RCPs (see PCC section 12200); therefore, items purchased through
the Surplus Property Reuse Program can be counted as RCPs under the SABRC. [1]
H.
Federal Executive Order 13101 strengthens and expands the Federal government's
commitment to recycling and buying recycled-content and environmentally
preferable products. Among other things, it:
I.
Public Resources Code sections 42920 et seq. and California law [Chapter 764,
Statutes of 1999 (Strom-Martin, AB 75)] require each State agency and large
State facility to divert 50 percent of its solid waste from landfills or transformation
facilities by January 1, 2004 through source reduction, recycling, and composting
activities. State agencies can obtain source reduction credit for donating items
through the Surplus Property Reuse Program. State agencies implement a wide
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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.
J.
Executive Order S-06-06 – Establishes targets to increase in-state production and
use of bioenergy, including ethanol and bio-diesel fuels made from renewable
resources. For biofuels, the state shall produce a minimum of 20 percent of its
biofuels within California by 2010, 40 percent by 2020, and 75 percent by 2050.
For biomass for electricity, the state must meet a 20 percent target within the
established state goals for renewable generation for 2010 and 2020.
K.
Executive Order S-20-04 - California's Green Building Executive Order directs the
State to commit to aggressive action to reduce State building electricity usage and
promote water conservation 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.
The Green Action Team was established to oversee and direct progress toward the
goals of S-20-04. This plan also allows for the actions that support the Executive
Order including recommendations for any additional actions, mandates or
legislation that may be warranted to reduce grid-based energy purchases. Cities,
counties, schools, and commercial building owners and operators are encouraged to
do the same.
L.
Building Maintenance / Cleaning Products - Executive Order S-20-04 includes
a provision that State agencies, departments, and other entities under the direct
executive authority of the governor, design, construct and operate state-owned
facilities paid for with state funds as Leadership in Energy and Environmental
Design (LEED) Silver or higher certified buildings.LEED for Existing Buildings
awards points for using cleaning products that are Green Seal 37 Certified, or if
Green Seal 37 is not applicable (e.g., carpet cleaners, floor finishes or strippers),
LEED-EB says to use products that comply with the California Code of Regulations
maximum allowable VOC levels.
M.
Executive Order S-7-04 - sets forth a blueprint for government and private
agencies to work together in planning and building a hydrogen infrastructure.
N.
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.
O.
AB 2160 - Requires the California Energy Commission to report to the Green
Action Team on ways to facilitate state building energy efficiency and resource
efficient projects, including a life cycle cost analysis model. Additionally, the
Energy Commission will identify obstacles to private sector commercial building
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energy efficiency, and will identify financial or other forms of incentives to
facilitate the latter.
CONTACTS:
COUNTY PROCUREMENT OFFICE
ATTACHMENTS:
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