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SB-30 California-Mexico border: federally funded infrastructure.(2017-2018)

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Date Published: 08/31/2017 09:00 PM
SB30:v95#DOCUMENT

Amended  IN  Assembly  August 31, 2017
Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  April 17, 2017
Amended  IN  Senate  February 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 30


Introduced by Senator Lara

December 05, 2016


An act to add and repeal Chapter 15 (commencing with Section 8900) to of Division 1 of Title 2 of the Government Code, and to amend amend, repeal, and add Section 1103 of the Public Contract Code, relating to infrastructure.


LEGISLATIVE COUNSEL'S DIGEST


SB 30, as amended, Lara. California-Mexico border: federally funded infrastructure.
Existing law establishes the border between the United States and Mexico, which includes the southern border of California.
This bill would make findings and declarations related to a wall on the border between California and Mexico.
This bill bill, except as specified, would prohibit the state, commencing January 1, 2018, until January 1, 2026, from awarding or renewing any contract with any person, as defined, that person that, at the time of bid or proposal for a new contract or renewal of an existing contract contract, is a prime contractor that is providing or has provided on or after January 1, 2018, goods or services to the federal government for the construction of a federally funded wall, fence, or other barrier along California’s southern border, as defined. border. The bill would define terms for its purposes.
Existing law defines “responsible bidder” for the purposes of public works contracts as a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.
This bill bill, except as specified, would provide that, until January 1, 2026, for purposes of contacts contracts with the state, the term “responsible bidder” does not include a bidder who, at the time of the bid or proposal for a new contract or renewal of an existing contract, is a prime contractor that is providing or has provided goods or services on or after January 1, 2018, to the federal government for the construction of a federally funded wall, fence, or other barrier along California’s southern border, as defined.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 15 (commencing with Section 8900) is added to Division 1 of Title 2 of the Government Code, to read:
CHAPTER  15. Federally Funded Infrastructure on the California-Mexico Border

8900.
 The Legislature finds and declares all of the following:
(a) California and Mexico share more than 130 miles of an international border. The border region is home to tremendous cultural history and economic commerce between the United States and Mexico.
(b) In 2015, the value of California’s exports to Mexico was twenty-six billion eight hundred million dollars ($26,800,000,000), making up 17.4 percent of the state’s total exports, and approximately 177,000 California jobs are related to the commercial relationship with Mexico. Commerce, tourism, and foreign direct investment from Mexico support more than 200,000 jobs in California.
(c) California’s border region is also home to numerous threatened and endangered species of plant and animal life, including California’s official state amphibian, the California red-legged frog, and the endangered arroyo toad.
(d) A recent binational agreement between the United States and Mexico aims to address pollution, including sewage, waste tires, and polluted stormwater, in the Tijuana River watershed. The river flows through both California and Baja California, impacting bird and wildlife habitat and water quality at local beaches.
(e) A proposed border wall between California and Mexico would do serious economic, social, and environmental harm to the state.

8900.1.
 (a) (1)For purposes of this section, the section:
(1) The term “person” means any individual, partnership, joint venture, or association or any other organization or any combination thereof, whether situated within or outside the state.

(2)For purposes of this section, the

(2) The term “prime contractor” means the contractor who contracts directly with the awarding authority and does not include subcontractors, suppliers, or ancillary services, including, but not limited to, technology, transportation, and financial services.
(3) The term “federally funded wall, fence, or other barrier along California’s southern border” does not include a port of entry.
(b) Notwithstanding any other law, commencing January 1, 2018, the state shall not award or renew any contract with any person that, at the time of bid or proposal for a new contract or renewal of an existing contract, is a prime contractor that is providing or has provided on or after January 1, 2018, goods or services to the federal government for the construction of a federally funded wall, fence, or other barrier along California’s southern border. This section shall not preclude the state from awarding or renewing any contract with any person that has provided goods or services to the federal government for the construction of a federally funded wall, fence, or other barrier along California’s southern border on or before December 31, 2017.
(c) (1) The prohibition in subdivision (b) shall not apply to companies that have an existing indefinite delivery, indefinite quantity contract that took effect on or before December 31, 2017.
(2) The prohibition in subdivision (b) shall not apply in any of the following circumstances:
(A) In the case of a state or local emergency.
(B) If the competing bids for the state contract are deemed to be cost-ineffective by the state department or agency.
(C) If there are no other responsive bidders for the state contract.
(D) If the contract is for essential services, such as water, power, gas, transmission, and reliable services.

8900.2.
 This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2.

 Section 1103 of the Public Contract Code is amended to read:

1103.
 (a) “Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.
The Legislature finds and declares that this section is declaratory of existing law.
(b) (1) For purposes of a contract with the state, a “responsible bidder” does not include a bidder who, at the time of the bid or proposal for a new contract or renewal of an existing contract, is a prime contractor that is providing or has provided on or after January 1, 2018, goods or services to the federal government for the construction of a federally funded wall, fence, or other barrier along California’s southern border. This subdivision shall not exclude a bidder who has provided goods or services to the federal government for the construction of a federally funded wall, fence, or other barrier along California’s southern border on or before December 31, 2017.
(2) For purposes of this subdivision, the subdivision:
(A) The term “prime contractor” means the contractor who contracts directly with the awarding authority and does not include subcontractors, suppliers, or ancillary services, including, but not limited to, technology, transportation, and financial services.
(B) The term “federally funded wall, fence, or other barrier along California’s southern border” does not include a port of entry.
(c) (1) The exclusion from the definition of “responsible bidder” described in paragraph (1) of subdivision (b) shall not apply to companies that have an existing indefinite delivery, indefinite quantity contract that took effect on or before December 31, 2017.
(2) The exclusion from the definition of “responsible bidder” described in paragraph (1) of subdivision (b) shall not apply in any of the following circumstances:
(A) In the case of a state or local emergency.
(B) If the competing bids for the state contract are deemed to be cost-ineffective by the state department or agency.
(C) If there are no other responsive bidders for the state contract.
(D) If the contract is for essential services, such as water, power, gas, transmission, and reliable services.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3.

 Section 1103 is added to the Public Contract Code, to read:

1103.
 (a) “Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.
(b) The Legislature finds and declares that this section is declaratory of existing law.
(c) This section shall become operative on January 1, 2026.