(a) The Legislature finds and declares that it is the policy of the state to conserve and protect its resources. The Legislature further finds and declares that the use of recycled products produced as the result of the superior waste management efforts by the state and local governmental entities will help conserve resources and reduce greenhouse gas emissions contributing to global warming pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).

(b) It is the intent of the Legislature that the state pursue all feasible measures to improve markets for recycled products including, but not limited to, education and training of state agency purchasers and bid evaluation preferences for purchases made by the state.

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(c) A state agency shall purchase recycled products instead of nonrecycled products, if all of the following requirements are met:

(1) Fitness and quality of the products are equal.

(2) Recycled products are available at no more than 10 percent greater total cost than nonrecycled products.

(3) One of the following situations applies:

(A) A state agency uses a leveraged procurement agreement through which both recycled and nonrecycled products are available.

(B) A state agency is awarding a contract using § 14838.5 of the Government Code and receives offers for both recycled and nonrecycled products.

(C) A state agency awards a contract without soliciting multiple offers based on a determination that the price is fair and reasonable.

(Amended by Stats. 2022, Ch. 517, Sec. 4. (AB 661) Effective January 1, 2023.)