SB 1383 Procurement Compliance: Paper, Compost, Mulch, and Renewable Natural Gas

California Senate Bill 1383 (SB 1383) is climate legislation that will lessen the effects of climate change by dramatically reducing the emission of methane, a powerful greenhouse gas, from landfilled organic waste. To accomplish this, SB 1383 requires every jurisdiction across the state to divert the organic waste their residents and businesses generator away from the landfill for other beneficial uses.

California currently sends over 33,000,000 million tons of organic waste to landfills each year. To meet the ambitious goals of SB 1383, these millions tons of organics waste will need to be recycled into new products. In anticipation of a boom in recycled organic waste production, SB 1383 aims to create new markets for these products by requiring every jurisdiction across the state to increase their procurement of them.

To ensure compliance with SB 1383, the County of San Mateo passed Admin Memo B-33 (PDF), an internal county policy that sets new procurement and recordkeeping requirements for all paper products, compost, mulch, and RNG procurement done by departments and County Contractors.

Departments seeking to purchase these products must comply with the requirements of Admin Memo B-33. Detailed vendor requirements are included below.

Paper Products

County employees must comply (and require their contractors/vendors to comply) with the new State mandated paper product procurement and recordkeeping requirements of SB 1383.

Compliance Requirements

All paper products including, but not limited to the following, must consist of the specified minimum post-consumer recycled content, by weight, and be eligible for an “unqualified recyclable label”* as defined in 16 C.F.R. 260.12.

Paper products that do not meet the recycled-content standard may still be offered, sold, or provided to the County if:

Per Admin Memo E-14, the cost of the recycled content products exceed the 10% price preference for recycled products
Recycled-content products are not available, or not of the same fitness or quality as the non-recycled products

Product Category	Product Type	Minimum Postconsumer Recycled Content
Office supplies	file folders, envelopes, index cards, cartons, wrapping, packaging, corrugated boxes	30%
Writing and printing papers	copy, xerographic, watermark, cotton fiber, offset, note pads, printer, other uncoated writing papers	30%
Printed materials	calendars, brochures, reports, magazines, publications, posters, newsprint, book paper, forms	30%
Janitorial supplies	toilet paper	45%
Janitorial supplies	paper towels, general purpose paper wipers	40%
Janitorial supplies	toilet seat covers, facial tissue	30%
Foodservice ware	napkins, plates, bowls, food trays, takeout boxes, placemats	40%
Other	all other paper products	30%

*Products shall be eligible for an unqualified recyclable label as defined in the Code of Federal Regulations Title 16, Section 260.12 unless eligibility is unable to be determined due to lack of information required to make the determination. A product is eligible to be labelled with an unqualified recyclable label if recycling facilities are available to a substantial majority (at least 60 percent) of consumers or communities where the item is sold, and the entire product, excluding minor incidental components, is recyclable.

paper products made from recycled content

Vendors: Providing products through a purchase order

Vendors that provide the County with paper products for purchase or print services through a purchase order are required to provide only compliant products, as outlined in the “Compliance Requirements” above.

Vendors – Attachment J: Starting/amending/extending a contract or agreement

Vendors that provide the County with paper products for purchase or print services through an agreement are required to provide only compliant products, as outlined in the “Compliance Requirements” above, and satisfy the County’s contract requirements.

County Departments that start/amend/extend a contract or agreement with vendors are required to include Attachment J in their contract. The vendor’s capacity to comply with Attachment J is a minimum requirement for consideration of an Request for Proposal (RFP) award.

Download Attachment J (DOCX)

Compost, Mulch, and Renewable Natural Gas (RNG)

County employees must comply (and require their contractors/vendors to comply) with the new State mandated compost, mulch and renewable natural gas (RNG) procurement and recordkeeping requirements of SB 1383.

Compliance Requirements

SB 1383 requires that the County purchase qualifying compost, mulch, or RNG that were made from recovered organic waste products.

Departments that purchase these products, Contractors that provide these products, and Contractors that use these products to carry out their operations with the County must:

Source them from this list: Find SB 1383 Eligible Compost, Mulch, and Renewable Natural Gas (RNG) Products; or
Otherwise meets the requirements of 14 CCR Section 18993.1 and counts toward the County’s CA SB 1383 procurement target.

Vendors – Attachment K: Starting/amending/extending a contract or agreement

Vendors that provide the County with compost, mulch, or RNG for purchase, or uses these products to carry out their contracts with the County are required to provide only compliant products, as outlined in the “Compliance Requirements” above, and satisfy the County’s contract requirements.

County Departments that start/amend/extend a contract or agreement with vendors are required to include Attachment K in their contract. The vendor’s capacity to comply with Attachment K is a minimum requirement for consideration of an Request for Proposal (RFP) award.

Download Attachment K (DOCX)

Procurement Reporting Form

County contractors and vendors must complete and submit the Compost, Mulch, and Renewable Natural Gas Procurement Reporting Form, along with all corresponding invoices, to their contract administrator at the end of each quarter in which they provide the County with compost, mulch, or renewable natural gas. County employees procuring these products directly through a purchase order must also complete and submit this form.

Download Procurement Reporting Form (XLS)