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 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