Buy Clean California Act

Table 1: GWP limits for eligible materials (effective January 1, 2025)

^[1] GWP limit is based on a 100-year lifetime impact and excludes biogenic carbon.

^[2]Use this column to determine compliance when an EPD declares unfabricated product GWP. Compare manufacturer cradle-to-gate GWP (i.e., the sum of information modules A1-A3) to the limit.

^[3] Use this column to determine compliance when an EPD declares fabricated product GWP (compare GWP from information module A1 to the limit). These limits are derived from the unfabricated product GWP and account for the waste in the fabrication process.

^[4] Kilogram carbon dioxide equivalent.

^[5] Thermal resistance (R_SI) with a value of 1m²K/W (square meters x degrees Kelvin per watt).

Table 2: GWP limits for eligible materials (effective January 1, 2022)

^[1] GWP limit is based on a 100-year lifetime impact and excludes biogenic carbon.

^[2] Use this column to determine compliance when an EPD declares unfabricated product GWP. Compare manufacturer cradle-to-gate GWP (i.e., the sum of information modules A1-A3) to the limit.

^[3] Use this column to determine compliance when an EPD declares fabricated product GWP (compare GWP from information module A1 to the limit). These limits are derived from the unfabricated product GWP and account for the waste in the fabrication process.

^[4] Kilogram carbon dioxide equivalent.

^[5] Thermal resistance (R_SI) with a value of 1m²K/W (square meters x degrees Kelvin per watt).

1.0 Environmental Product Declarations:

1.1 What is an Environmental Product Declaration, or EPD?

An EPD is an independently verified and registered document that reports a product’s environmental impact over its life cycle.

1.2 How do I obtain an EPD?

Contact a program operator to begin the EPD development process. A manufacturer will need to conduct a product life cycle assessment and utilize a program operator to verify and publish an EPD.

1.3 Where can I find a program operator?

Find program operators online through an internet search.

1.4 What environmental impact category does the BCCA use as a metric?

The BCCA uses GWP, which is reported as carbon dioxide equivalent (CO₂ eq.).

1.5 What is Global Warming Potential, or GWP?

Greenhouse gases (GHGs) are those that trap heat in the earth’s atmosphere. Carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs) are types of GHGs. While all GHGs have the effect of trapping heat, each gas has a different amount of impact over its lifetime. The BCCA GWP limits are based on a 100-year lifetime. The various GHGs produced when manufacturing a product, for example, can be represented by an equivalent amount of carbon dioxide associated with the warming effect of a given quantity of a GHG. This amount is known as global warming potential and is expressed as CO₂ eq.

2.0 Eligible Materials:

2.1 What construction materials are affected?

Structural steel, concrete reinforcing steel, flat glass and insulation. Table 2 below describes the types of eligible materials that can apply to the established GWP limits. Awarding authorities should be contacted for specific BCCA material requirements.

Table 2: Description of eligible materials

2.2 What is a unfabricated product?

For the BCCA, this is a basic construction material produced by a manufacturer and needs additional processing by a fabricator before use in a construction project.

2.3 What is a fabricated product?

For the BCCA, this is a basic construction material that was processed by fabricators before use in a construction project.

3.0 Affected Awarding Authorities:

3.1 Which awarding authorities must comply with the BCCA?

The awarding authorities are the Department of Transportation, Department of Water Resources, Department of Parks and Recreation, Department of Corrections and Rehabilitation, Military Department, Department of General Services, High-Speed Rail Authority, Regents of the University of California, Trustees of the California State University and state agencies granted authority to work on public works projects under Management Memo 18-01.

4.0 GWP Limit:

4.1 Who was responsible for setting the GWP limit?

DGS’ Procurement Division in consultation with CARB.

4.2 How many limits did DGS establish?

Seven limits were established for compliance:

• Three for structural steel (one each for hot-rolled sections, hollow structural sections, and plate)
• One for concrete reinforcing steel
• One for flat glass
• Two for mineral wool board insulation (one each for light- and heavy-density types)

4.3 Where did DGS obtain the data to establish the GWP limit?

DGS obtained the data from publicly available EPDs.

4.4 How was the GWP limit determined?

DGS set the limit at the industry average of facility-specific GWP for that material. The current limits exclude biogenic carbon which is derived from organic matter.

4.5 Did DGS exclude the GWP contribution from material fabricators when establishing the GWP limit?

Yes. For the four eligible material types identified in the BCCA, the majority of GWP production is attributed to the manufacturer of the material rather than the fabricator.

For example, a steel mill consumes much more energy to melt iron ore (or steel scrap) to form it into a steel beam than a typical fabricator whose operations would consist of welding, drilling or finishing. GWP production is directly proportional to energy use.

4.6 Why did DGS decide to publish fabricated material GWP limits along with the original unfabricated material GWP limits?

DGS added fabricated product limits to simplify the assessment of fabricated product EPDs for compliance. It eliminates the need to perform a mathematical calculation to convert the original unfabricated GWP limit to an equivalent fabricated GWP limit.

These limits are derived from the original unfabricated product GWP limits and account for waste in the fabrication process.

4.7 Now that the GWP limit has been established, will it ever change?

Beginning on January 1, 2025, and every three years thereafter, DGS will review the maximum acceptable GWP for each material and may adjust the limit downward* to reflect industry improvements.

*The BCCA legislation prohibits DGS from adjusting the limit upward.

5.0 Compliance:

5.1 Who needs to submit EPDs to awarding authorities?

Contact the awarding authority conducting the solicitation for specific submittal requirements.

5.2 Is there a particular type of EPD that must be submitted?

An EPD must meet certain requirements before an awarding authority can determine material compliance.

An EPD must be:

• A facility-specific manufacturer declaration
• Independently verified in accordance with ISO 14025 (Type III environmental declarations – Principles and procedures)
• Developed according to the guidelines of the applicable Product Category Rule (PCR) acceptable to the awarding authority
• Valid at the time of material installation
• Representing an eligible material (as described in FAQ Section 2.0, Table 2)

An EPD must not be:

• An industrywide/industry-average product declaration
• A fabricator’s product declaration
• A companywide declaration that doesn’t report the GWP of its manufacturing facilities separately

5.3 What is a facility-specific manufacturer EPD?

It is a product EPD in which the environmental impacts are disclosed for a single manufacturer and single manufacturing facility. A companywide EPD may also be considered facility-specific if it discloses the GWP for each manufacturing facility separately.

5.4 What’s the difference between a manufacturer, a producer, and a fabricator?

With respect to the BCCA, a manufacturer is the entity that produces the basic construction material that typically requires additional processing by fabricators before use in a construction project.

For example, a steel mill that recycles steel and forms it into concrete reinforcing steel would be viewed as a manufacturer, whereas a facility that bends, welds, or turns the straight lengths of concrete reinforcing steel into shapes would be considered a fabricator.

The terms “manufacturer” and “producer” are used interchangeably by the BCCA implementation team.

5.5 What is a Product Category Rule, or PCR?

A PCR is a set of rules, requirements and guidelines used to develop an EPD for a product group.

5.6 Where can I find a PCR that pertains to the eligible materials identified in the BCCA?

The current PCRs are identified in the Product Category Rules section below.

5.7 When do EPDs need to be submitted to state agencies during the bid cycle?

Contact the awarding authority conducting the solicitation for specific submittal requirements.

5.8 How long is my EPD valid?

The expiration date is determined by the program operator and identified within the EPD. An expired EPD will not be accepted for compliance.

5.9 When do bidders have to comply with the BCCA?

Public works contracts awarded to a bidder on or after July 1, 2022 will have to comply if any of the eligible materials are used.

The following individuals can be contacted for specific awarding authority policies:

Department of Transportation

Hesam Nabizadeh

Hesam.Nabizadeh@dot.ca.gov

Department of Corrections and Rehabilitation

TBD

Department of Parks and Recreation

Lisa Jaycox

Lisa.Jaycox@parks.ca.gov

California State University

Jeremy Gomoljak

JGomoljak@calstate.edu

University of California

Mindy Dinh

  Mindy.Dinh@ucop.edu

Department of Water Resources

Brenda Albert

Brenda.Albert@water.ca.gov

Military Department

Brandon Hamilton 

Brandon.Hamilton@cmd.ca.gov

DGS/Real Estate Services Division

Esmer Velagic

Esmer.Velagic@dgs.ca.gov

High-Speed Rail Authority

Taylor Rutsch

Taylor.Rutsch@hsr.ca.gov

The PCRs listed below should be used to develop EPDs for a wide variety of products within the eligible material category (i.e., structural steel, concrete reinforcing steel, flat glass, and mineral wool board insulation). Please refer to FAQ Section 2.0 (Table 2) above to understand exactly which products need to comply with the initial rollout of the BCCA.

Structural steel and concrete reinforcing steel

Part B: Designated Steel Construction Product EPD Requirements

Valid through: August 26, 2025

Version: 2.0

Program operator: UL Environment

Flat glass

NGA PCR for Flat Glass: UN CPC 3711

Valid through: September 30, 2025

Version: 2.0

Program operator: NSF International

Mineral wool board insulation

Part B: Building Envelope Thermal Insulation EPD requirements

Valid through: March 31, 2025

New version in development

Program operator: UL Environment

• A BCCA EPD compliance guide was developed to inform awarding authorities how EPDs can be reviewed for BCCA compliance.
• The Buy Clean California Act Legislative Report describing the methodology to establish the GWP limits can be found on the DGS Legislative Reports webpage in the 2022 folder.
• The Buy Clean California Act Obstacles and Effectiveness Report can be found on the DGS Legislative Reports webpage in the 2023 folder.
• A BCCA GWP adjustment study details the analysis performed by DGS to determine if the limits should be adjusted.