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AB-2620 State contracts: goods and services.(2013-2014)

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AB2620:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 2620


Introduced by Assembly Members Rendon and Levine

February 21, 2014


An act to add Article 7 (commencing with Section 10400) to Chapter 2 of Part 2 of Division 2 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2620, as introduced, Rendon. State contracts: goods and services.
Existing law sets forth requirements for the acquisition of goods and services by state agencies and sets forth the various responsibilities of the Department of General Services and other state agencies in overseeing and implementing state contracting procedures and policies. Specific provisions govern the acquisition of information technology goods and services.
This bill would enact the Transportation Sustainability Procurement Program Act to require the department, in consultation with the California Environmental Protection Agency, to develop a sustainability program for the state’s procurement of shipping and transportation services for freight, small package delivery, and other forms of cargo. The act would require a contract entered into by a state agency, as defined, for those services, except as specifically exempted in existing law, to require service providers to report specified information relating to energy use and emissions of greenhouse gases to the agency, using generally accepted reporting protocols adopted by the agency for that purpose. The act would impose requirements on the solicitation for the procurement of services to specify how the bidder will be required to report its energy use and associated emissions of greenhouse gases under the contract, and to require a bidder to disclose prescribed information in its responses to the solicitation. The act would require the Director of General Services to adopt rules as specified to encourage all state agencies to use the least costly level of service or mode of transport that can achieve ontime delivery.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares that it is the purpose of this act and the policy of this state to provide the structure and criteria necessary to ensure that the state processes for procuring freight, small package delivery, and other forms of cargo transport and shipping services take into consideration not only cost and quality, but also vendors’ commitment to, and execution of, best environmental practices.

SEC. 2.

 Article 7 (commencing with Section 10400) is added to Chapter 2 of Part 2 of Division 2 of the Public Contract Code, to read:
Article  7. Transportation Sustainability Procurement Program Act

10400.
 This act shall be known, and may be cited, as the Transportation Sustainability Procurement Program Act.

10401.
 As used in this article:
(a) “Services” means shipping and transportation services for freight, small package delivery, and other forms of cargo.
(b) “State agency” means a state agency subject to this chapter.

10402.
 (a) The department, in consultation with the California Environmental Protection Agency, shall develop a sustainability program for the state’s procurement of services subject to this article.
(b) A contract entered into by a state agency for the procurement of services shall require the service provider to report to the California Environmental Protection Agency, using generally accepted reporting protocols adopted by that agency for that purpose:
(1) The amount of energy the service provider consumed to provide contracted services to the state and the amount of associated emissions of greenhouse gases, including energy use and greenhouse gases emitted as a result of the service provider’s use of electricity in its facilities.
(2) The energy use and emissions of greenhouse gases by the service provider’s subcontractors in the performance of those services.
(c) The solicitation for the procurement of services shall do the following:
(1) Specify how the bidder will be required to report its energy use and associated emissions of greenhouse gases under the contract.
(2) Require a bidder to disclose in its responses to the solicitation the following information:
(A) Use of measures to reduce vehicle engine idling.
(B) Use of multimodal transportation, such as rail, trucks, or air transport, and how the use of those types of transportation is anticipated to reduce costs for the state.
(C) The extent of the bidder’s use of cleaner, less expensive fuels as an alternative to petroleum or the bidder’s use of more efficient vehicle propulsion systems.
(D) The level of transparency of the service provider’s reporting under subdivision (b), and what independent verification and assurance measures exist for this reporting.
(E) Use of speed governors on heavy trucks.
(F) Use of recyclable packaging.
(G) Measures of bidder’s network efficiency, including the in-vehicle use of telematics or other related technologies that provide for improved vehicle and network optimization and efficiencies.
(H) Bidder’s energy intensity per unit of output delivered.
(I) How the bidder will advance the environmental goals of the state.
(J) Opportunities identified to effectively neutralize the emissions of greenhouse gases reported under subdivision (b).
(d) In awarding contracts for services, a state agency, as part of a best value analysis of the responses to a solicitation, as applicable, shall do the following:
(1) Give appropriate weight to the disclosures in paragraph (2) of subdivision (c).
(2) Give appropriate weight to the price and quality of the services being offered.
(e) A state agency may accept from a service provider an optional offer at a reasonable cost of carbon-neutral shipping in which the provider calculates the direct and indirect emissions of greenhouse gases of the provider that are specified under subdivision (b), and obtains independently verified carbon credits to offset those emissions and then retires the carbon credits.
(f) The director shall adopt rules to encourage all state agencies to use the least costly level of service or mode of transport, while distinguishing between express or air delivery versus ground delivery, that can achieve ontime delivery for the product being transported and delivered.