1 TAC §§116.20 - 116.28
The Texas Building and Procurement Commission proposes amendments
to Title 1, Texas Administrative Code, Chapter 116, Subchapter B, §§116.20
- 116.28, related to the Mandatory Paper Recycling Program.
The amendments clarify definitions and replace references to General Services
Commission with Texas Building and Procurement Commission; expand the goals
of the program to actively seek all possible recycling methods; add a new
goal to increase the amount of paper diverted from the waste stream; amend
the duties of the recycling coordinator; and add the requirement that the
coordinator designate an area within the agency to deposit used toner cartridges.
The amendments expand the performance measures to include the amount of
revenue generated by the program and clarify that the revenue generated shall
be deposited to the credit of the Commission to recover costs associated with
the program.
The amendments detail the minimum requirements of the recycling coordinator
and the duties that may be delegated to other agencies and the information
necessary when applying for such delegation.
Dan Contreras, Deputy Executive Director, has determined for the first
five year period the rules are in effect there will be no fiscal implication
for the state or local governments as a result of implementing the amendments.
Mr. Contreras has further determined that for each year of the first five
year period the rules are in effect, the public benefit anticipated is a recycling
program that is enlarged in scope and more efficient in operation. There will
be no adverse effect on large, small or micro-businesses. There will be no
economic costs to persons who are required to comply with the proposed amendments.
Mr. Contreras has also determined that for each year of the first five year
period that the amendments are in effect, there will be no effect on a local
economy, and therefore no local employment impact statement is required under
Administrative Procedure Act , §2001.022.
Comments on the proposals may be submitted to Cynthia de Roch, General
Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin,
TX 78711-3047. Comments may also be sent via email to travis.langdon@tbpc.state.tx.us.
All comments must be received no later than thirty (30) days from the date
of publication of the proposal to the
Texas Register
.
The amendments to §§116.20 - 116.28 are proposed under
the authority of the Texas Government Code, Sections 2165.003, 2175.061 and
2175.902..
The following codes are affected by these rules: Texas Government Code,
Title 10, Subtitle D, Chapter 2176, Subchapter Z, Section 2175.902.
§116.20.Authority.
(a)
Pursuant to the Texas Government Code, §2175.061
and §2175.902, the Texas Building and Procurement Commission is authorized
to adopt rules to implement and establish a mandatory paper recycling program
for state agencies that occupy
Commission
[
commission
]
controlled facilities.
(b)
Proceeds from the sale of materials
by the Commission under Chapter 2176, less the expenses of cost recovery,
shall be deposited to the credit of the general fund of the state treasury.
§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 facilities inventory
[
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)
Facility--a building, utility
system, grounds or other physical entity under the inventory of the Commission.
(5)
Facilities inventory--a compilation
of the property referenced in §116.21 (2) of this Title.
(6)
Mandatory
Paper
Recycling Program
[
recycling program
]--
A statutory program to collect
[
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)
[
(4)
] Mixed paper--A mixture of
various grades of
contaminant-free
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.
]
(8)
[
(9)
] Newsprint--Newspapers (including
advertisement inserts), magazines and catalogs.
Newsprint does not include
discarded telephone books.
[
Old telephone books are to be collected
separately by a state agency.
]
(9)
[
(5)
] Paperboard--Paper stock used
for indexes, hanging files, kraft files (brown or golden), corrugated cardboard,
pressboard and tube stock.
(10)
Recycling
[
Paper recycling
] coordinator--
An
[
A state
] agency's point of contact who
shall coordinate
[
coordinates
] recycling efforts within
the
[
their
] agency,
track
[
tracks
] the success of the
[
paper recycling
] program, and educate [
may
] employees
on recycling methods.
(11)
Surplus and salvage property--For
the purposes of this subchapter, surplus and salvage property include paper
materials and toner cartridges suitable for recycling.
(12)
Toner cartridge--A cartridge
containing a substance used to develop a latent xerographic image, commonly
used in connection with computer printers, facsimile and copier machines.
(13)
[
(7)
] Waste paper--
Used 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.
(14)
[
(8)
] White paper--
Contaminant-free
white
[
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.
]
§116.22.Goals.
The
goals
[
goal
] of the paper recycling program
are
[
is
] to
:
(1)
encourage
agencies to cooperatively participate
in the Mandatory Paper Recycling Program;
[
by cooperative means
with state agencies, the efficient
]
(2)
dispose
[
disposal
] of
waste paper
in an efficient manner;
[
in order to
]
(3)
obtain revenue at the highest
possible
rate [
possible
] for the
State
[
state
]
;
(4)
actively seek all possible
recycling methods and solutions; and
(5)
increase the amount of paper
diverted from the waste stream.
§116.23.Designated [ Paper ] Recycling Coordinator.
(a)
An
[
A state
] agency that occupies
a [
state office
] building listed on the
facilities inventory
[
Building Inventory
] maintained by the
Commission
[
commission
] shall designate a [
paper
] recycling coordinator
for
the
[
their state
] agency.
(b)
The [
paper
] recycling coordinator shall
execute
[
perform
] the following responsibilities:
(1)
act
[
Act
] as liaison between
the
[
their state
] agency and the
Commission
[
commission
] on the effectiveness of the [
paper
] recycling
program within
the
[
their
] agency
;
[
.
]
(2)
foster
[
Foster
] a sense of teamwork
for the [
paper
] recycling program within
the
[
their
] agency and enlist the support of all employees
;
[
.
]
(3)
identify areas that generate a
[
Identify
any
] large volume
of paper,
[
generators of paper within
their agency
] such as a computer room or an in-house print shop
and provide information and appropriate receptacles in order to eliminate
the waste of recyclable materials;
[
.
]
(4)
visually
[
Actively
] inspect [
paper
] recycling containers for contaminants and
notify the appropriate
agency personnel and the Commission of the location of receptacles that were
found to contain contaminants, and take appropriate remedial measures as necessary;
[
identify container locations where contaminants are found.
]
(5)
identify
[
Identify and correct
] areas
within
the
[
their
] agency that improperly dispose
of
recyclable
waste paper
and request assistance from the
Commission to assist with efforts to mitigate the waste;
[
in regular
trash containers.
]
(6)
designate receptacles within the agency
to deposit used toner cartridges; and
(7)
[
(6)
]
provide
[
Provide any necessary
] reports or information on the [
paper
] recycling program
as requested by the
Commission
[
commission
].
(c)
The Commission
[
By November first (1st)
of each year the commission
] shall
annually
compile and update
a list of
agency
[
state agencies paper
] recycling coordinators.
Agencies
[
A list of state agencies
] that
are subject
to the requirements of the Program, but have failed to designate
[
have not designated
] a [
paper
] recycling coordinator, will
be
referred
[
reported
] to the Office of the State Auditor.
§116.24.Performance Measures.
(a)
Performance measures for the
Mandatory Paper Recycling
Program
[
mandatory paper recycling program
] shall report
the
information listed below:
(1)
complaints reported [
per quarter
] by the contracted
vendor
regarding
[
of
] the quality or quantity of the
waste paper received for recycling;
(2)
the total
poundage
[
quantity in pounds
] of paper recycled by all [
state
] agencies; [
and
]
(3)
the number of [
state
] employees
, recycling
coordinators
and custodial personnel trained in recycling procedures
[
per quarter
] by the
Commission
[
commission
];
and
(4)
the amount of revenue generated
by recycling.
(b)
Program staff shall compile this information on a
quarterly basis
[
The commission shall provide feedback and recognition
to state agencies when appropriate; and shall inform state agencies when proper
recycling methods are not used
].
§116.25.Paper Recycling Training.
(a)
Custodial education and training. The
Commission
[
commission
] shall provide annual training
on recycling procedures
to all custodial personnel that collect or handle trash [
on the
current paper recycling procedures
] for collection. Custodial personnel
shall include state employees and employees of contracted private vendors
that provide custodial and recycling services for the
Commission
[
commission
].
(b)
Recycling
[
Paper recycling
] coordinator
training. The
Commission
[
commission
] shall provide
annual training on [
current paper
] recycling procedures to all
[
state
] agency [
paper
] recycling coordinators. Training
shall include methods to promote recycling efforts within
the
[
their state
] agency, how to monitor
the effective
[
state employees proper
] use of [
the paper
] recycling containers,
and how to recognize those areas within
the
[
their
]
agency that have successfully followed [
the paper
] recycling procedures.
(c)
Employee
[
State employees
] training
and education. The
Commission
[
commission
], upon request
of a participating [
state
] agency, shall provide training and education
to [
its state
] employees on [
the current paper
] recycling
procedures for separating and disposing of waste paper and contaminants [
that may be found in waste paper
]. The
Commission
[
commission
] shall provide training and/or educational information and
material for [
other state
] agencies that [
chose to or
]
have been approved to conduct
in-house
[
their own paper
]
recycling training.
(d)
Training records. The
Commission
[
commission
] shall maintain records of all training offered to custodial personnel,
state employees, and [
paper
] recycling coordinators.
Agencies
[
State agencies
] that provide training
under
[
as outlined in
] this section shall forward
the
[
their
training
] records to the
Commission
[
commission
]
no later than October 15 of each year [
for all paper recycling training
they conducted in the previous fiscal year
].
The
[
Training
] records shall be maintained according to the
Commission's
[
commission's
] record retention schedule.
§116.26.Delegation of Responsibility.
(a)
The
Commission
[
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
[
commission's
] control,
if they have demonstrated they have met and can
continue to meet
[
provide
] the following standards:
(1)
compliance with [
the
]
Commission's
[
commission's
] guidelines regarding the proper separation and
disposal
[
discarding
] of waste paper in [
the
] appropriate
[
designated paper
] recycling containers;
(2)
the [
designated
] paper recycling coordinator
[
is
] actively
monitors
[
monitoring
] and
trains
[
training
] employees according to [
the
]
Commission's
[
commission's
] procedures on
disposal
of
[
eliminating
] contaminants
found
[
disposed of
] in recycling containers;
(3)
development of a paper recycling contract
to sell
paper
[
that is to be awarded in the best interest of the state
] to the highest bidder;
(4)
adequate
staff
[
staffing
] and equipment
to transport the waste paper to the
purchasing
vendor;
(5)
Commission's
[
the commission's
] standards,
procedures and guidelines for the
Mandatory Paper Recycling Program
[
mandatory paper recycling program
] continue to be followed; and
(6)
the [
state
] agency has
continuously maintained
a designated recycling coordinator
[
consistently complied with §116.23
of this Title (relating to Designated Paper Recycling Coordinator)
].
(b)
An
[
A state
] agency seeking delegated
responsibility to operate
a
[
its own
] paper recycling
program shall make [
a
] written application to the
Commission
[
commission
],
in
[
on
] a
format
[
form
] prescribed by the
Commission
[
commission
]. The application should include the [
state
] agency's
justification for the requested delegation
[
reasons
] and
documentation that the standards [
in subsection (a)
] of this section
have been [
either
] met or exceeded.
(c)
The
Commission
[
commission
] shall
determine if the standards for delegation have been met and are in the best
interest of the
State
[
state
]. The
Commission
[
commission
] shall
submit a written response
[
respond
in writing
] to the
requesting agency
[
state agency making
the request within 60 days
]. The
Commission's
[
commission's
] decision shall be final for
the
[
that
] fiscal
year
in which the application was made
[
However, a state
agency shall have the right to apply each fiscal year for delegation of responsibility
].
(d)
An
[
If a state
] agency that has been
delegated responsibility to administer
a
[
their own
]
paper recycling program
that fails
[
does not continue
]
to follow the
Commission's
[
commission's
] standards,
procedures, and guidelines
shall forfeit the
[
(including
subsection (e) of this section) their right to have
] delegated responsibility
upon notice from the Commission.
[
to administer their own paper
recycling program shall be revoked.
] The Commission shall
include
the basis of the decision in the notice
[
inform the state agency
in writing of revocation and reasons for it 30 days prior to the revocation
].
(e)
Agencies
[
State agencies
] that have
been delegated responsibility to administer their own paper recycling program
shall provide the
Commission
[
commission
] with quarterly
reports stating the quantity of paper recycled and sold, the revenue received
by the [
state
] agency, and their expenses in administering
the
[
their own
] program. Reports shall be forwarded to the
Commission
[
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.]
§116.27.Guidelines and Procedures for Collecting and Recycling Waste Paper.
State employees who office in buildings under the
Commission's
[
commission's
] control and
those listed on
[
included in
] the
Commission's
[
commission's
]
facilities inventory
[
Building Inventory
] shall adhere to
the following paper recycling guidelines and procedures:
(1)
all
[
All
]
contaminant-free
white
and mixed waste paper, newsprint, and small sized cardboard must be separated
and placed in [
the properly
] designated recycling containers provided
to the [
state
] agency [
by the commission
]. Cardboard
boxes, or large sized cardboard, and
discarded
telephone books
are to be sorted and collected separately
;
[
The contents of
the recycling containers must be free of contaminants.
]
(2)
recycle
[
Recycle
] containers [
provided by the commission
] shall be centrally located in areas [
easily
] accessible to [
state
] employees
;
[
.
]
(3)
all
[
All state
] employees shall
participate in
[
attend
] the mandatory paper recycling program
training and make a conscientious effort to keep contaminants [
, as defined
by §116.21 of this Title (relating to Definitions),
] from entering
the [
paper
] recycling containers
;
[
.
]
(4)
affected
[
Affected state
] agencies
shall designate [
paper
] recycling coordinators who
will promote
[
are to be actively involved in promoting
] the use of proper
[
waste paper
] recycling methods
within the
[
among
the state employees within their state
] agency
;
[
. The
designated recycling coordinator shall carry out their responsibilities according
to §116.23 of this Title (relating to Designated Paper Recycling Coordinator).
]
(5)
custodial
[
Custodial
] personnel that
have attended training described in §116.25 of this Title [
relating
to Paper Recycling Training
] shall collect and separate white and mixed
waste paper, newsprint, cardboard boxes, large size cardboard, and
discarded
[
old
] telephone books, and
place them in
[
transport them to
]
an area
designated
by the Commission
[
areas
] for
disposal
[
pick up by the truck
driving staff
].
(6)
The Commission
[
truck driving staff
]
shall collect all waste paper, newsprint, cardboard and
discarded
[
old
] telephone books, and transport them to the contracted recycling
vendor
; and
[
.
]
(7)
The
Commission
[
commission
] or an
agency with delegated responsibility shall contract with the highest bidder
for the sale of recyclable paper.
§116.28.Interagency Agreement for Paper Recycling Services.
The
Commission
[
commission
] may enter into an
interagency agreement to provide paper recycling services to
an
[
a state
] agency
that is statutorily
[
otherwise
]
excluded from the mandatory paper recycling program.
The interagency
agreement shall include, but is not limited to the following terms:
(1)
the goals of the program;
(2)
mandatory employee training;
(3)
the responsibilities of the
designated recycling coordinator;
(4)
required reports;
(5)
performance measures; and
(6)
guidelines and procedures relating
to collection and disposal of recyclable materials.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 28, 2004.
TRD-200400527
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: March 14, 2004
For further information, please call: (512) 463-4257