TITLE 1.ADMINISTRATION

Part 5. TEXAS BUILDING AND PROCUREMENT COMMISSION

Chapter 116. PROPERTY MANAGEMENT DIVISION

Subchapter B. MANDATORY PAPER RECYCLING PROGRAM

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