1 TAC §§116.20 - 116.28
The Texas Building and Procurement Commission adopts new
Title 1, T.A.C., Chapter 116, Subchapter B, §§116.20-116.28, concerning
the Mandatory Paper Recycling Program. New §116.21 and §116.26 are
adopted with changes to the proposed text as published in the April 5, 2002,
issue of the
Texas Register
(27 TexReg 2617)
due to public comment that was received and will be republished. Sections
116.20, 116.22, 116.23, 116.24, 116.25, 116.27 and 116.28 are adopted without
changes and the text will not be republished.
The new rules are adopted in accordance with S.B. 311, Article 12, §12.01
(77th Legislature) which added new Texas Government Code, §2175.902 to
establish a mandatory paper recycling program that is administered by the
commission for state agencies located in commission controlled facilities
(facilities listed on the commission's building inventory).
Due to comment that was received, language has been deleted from §116.21(3)
that listed "self-adhesive" or "glued-on" labels as contaminants. The preposition
"for" has also been inserted between the words "year" and "delegation" in
the last sentence of §116.26(c) to correct a typo. It now reads "However,
a state agency shall have the right to apply each fiscal year for delegation
of responsibility."
The new §§116.20 through 116.28 will establish guidelines and
procedures, standards for delegating responsibility to a state agency, goals,
performance measures, the responsibilities of the designated paper recycling
coordinator, and proper recycling methods for the mandatory recycling program
as mandated by Government Code,§2175.902.
One written comment was received from the Texas Rehabilitation Commission
concerning the definition for "contaminants in new rule 116.21. The comment
proposed removing "self-adhesive" or "glued-on" labels from the list of contaminants.
The commission agrees that "self-adhesive" or "glued-on" labels should
not be listed as contaminants, and has found that these types of paper labels
are accepted as recyclable paper by the commission's contracted recycling
vendor.
The new rules for Title 1, T.A.C., Chapter 116, Subchapter B, §§116.20
through 116.28 for the Mandatory Paper Recycling Program are adopted under
the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003,
2175.061 and 2175.902 which provides the Texas Building and Procurement Commission
with the authority to promulgate rules necessary to implement the sections.
§116.21.Definitions.
The following words and terms, when used in this subchapter shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Commission--the Texas Building and Procurement Commission
(successor agency to the General Services Commission).
(2)
Commission controlled facilities--Those facilities which
are listed on the commission's Building Inventory.
(3)
Contaminants--Any material that significantly decreases
the market value of recyclable paper. Contaminants include, but are not limited
to, food containers (bottles, cans, plastic cups, polystyrene, aluminum, food
wrappers, etc.) food waste, hardbound covered books, plastics (including plastic
paper clips and plastic spiral notebook binders), paper towels, napkins, rubber
bands, express mail envelopes, padded envelopes, laminated paper, wrappers
on packaged paper stock, self-adhesive nonpaper products, and toner cartridges.
(4)
Mixed paper--A mixture of various grades of recyclable
waste paper that includes colored paper, glossy paper, envelopes (excluding
padded envelopes and express mail envelopes), sticky notes, office paper,
cover stock, paperboard, small amounts of cardboard and softbound books. Cardboard
boxes are not included with mixed paper and are to be sorted and collected
separately. Mixed paper must be free of contaminants.
(5)
Paperboard--Paper stock used for indexes, hanging files,
kraft files (brown or golden), corrugated cardboard, pressboard and tube
stock.
(6)
Paper recycling program--The collection of all paper deposited
in specifically marked recycling containers for the purpose of recycling.
The program promotes the use of recycling containers by state employees located
in state buildings under the commission's control.
(7)
Waste paper--Paper stock that is commonly generated in
the office environment that has been used and consists of a mixture of various
qualities of used paper.
(8)
White paper--White office paper in single sheets or continuous
forms, including white computer paper, copy paper, letterhead, white notebook
paper, ledger paper, rolodex or index cards and calculator tape. Not more
than 25 % of the white paper's surface can be covered with colored ink other
than black ink. White paper must be free of contaminants.
(9)
Newsprint--Newspapers (including advertisement inserts),
magazines and catalogs. Old telephone books are to be collected separately
by a state agency.
(10)
Paper recycling coordinator--A state agency's point of
contact who coordinates the recycling efforts within their agency, tracks
the success of the paper recycling program, and may educate employees on recycling
methods.
§116.26.Delegation of Responsibility.
(a)
The commission may delegate responsibility for maintaining
a mandatory paper recycling program to state agencies located outside of Travis
County in state buildings that are under the commission's control, if they
have demonstrated they have met and can provide the following standards:
(1)
compliance with the commission's guidelines regarding the
proper separation and discarding of waste paper in the appropriate designated
paper recycling containers;
(2)
the designated paper recycling coordinator is actively
monitoring and training employees according to the commission's procedures
on eliminating contaminants disposed of in recycling containers;
(3)
development of a paper recycling contract that is to be
awarded in the best interest of the state to the highest bidder;
(4)
adequate staffing and equipment to transport the waste
paper to the vendor;
(5)
the commission's standards, procedures and guidelines for
the mandatory paper recycling program continue to be followed; and
(6)
the state agency has consistently complied with §116.23
of this Title (relating to Designated Paper Recycling Coordinator).
(b)
A state agency seeking delegated responsibility to operate
its own paper recycling program shall make a written application to the commission,
on a form prescribed by the commission. The application should include the
state agency's reasons and documentation that the standards in subsection
(a) of this section have been either met or exceeded.
(c)
The commission shall determine if the standards for delegation
have been met and are in the best interest of the state. The commission shall
respond in writing to the state agency making the request within 60 days.
The commission's decision shall be final for that fiscal year. However, a
state agency shall have the right to apply each fiscal year for delegation
of responsibility.
(d)
If a state agency that has been delegated responsibility
to administer their own paper recycling program does not continue to follow
the commission's standards, procedures, and guidelines (including subsection
(e) of this section) their right to have delegated responsibility to administer
their own paper recycling program shall be revoked. The commission shall inform
the state agency in writing of revocation and the reasons for it 30 days prior
to the revocation.
(e)
State agencies that have been delegated responsibility
to administer their own paper recycling program shall provide the commission
with quarterly reports stating the quantity of paper recycled and sold, the
revenue received by the state agency, and their expenses in administering
their own program. Reports shall be forwarded to the commission no later than
forty-five (45) days after the end of each state fiscal quarter.
(f)
Revenue generated from the sale of waste paper by the commission
shall be deposited in the commission's General Revenue Fund to be used for
payment of expenses in the mandatory paper recycling program. Revenue received
by state agencies delegated authority to administer their own paper recycling
program shall be deposited in that state agency's General Revenue Funds.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 17, 2002.
TRD-200203069
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Effective date: June 6, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 463-3960