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AB-2106 Institutional purchasers: sale of California produce.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2106:v98#DOCUMENT

Amended  IN  Assembly  May 25, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2106


Introduced by Assembly Member Eduardo Garcia

February 08, 2018


An act to amend amend, repeal, and add Section 58595 of the Food and Agricultural Code, relating to institutional purchasers of agricultural products.


LEGISLATIVE COUNSEL'S DIGEST


AB 2106, as amended, Eduardo Garcia. Institutional purchasers: sale of California produce.
Under existing law, price, fitness, and quality being equal, any body, officer, or other person charged with the purchase, or permitted or authorized to purchase supplies for the use of the state, or of any of its institutions or offices, or for the use of any county or city, is required to always prefer supplies that are
This bill would would, beginning January 1, 2021, increase the maximum percentage a bid or price of the California-grown agricultural product can exceed the lowest bid or price for an agricultural product produced outside of the state, and increase the maximum percentage a bid or price of the agricultural product grown outside the state and packed or processed in state can exceed the lowest bid or price for the agricultural product packed and processed outside the state, from 5% to 10%.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 58595 of the Food and Agricultural Code is amended to read:

58595.
 (a) All California state-owned or state-run institutions, except public universities and colleges and school districts, that solicit bids for the purchase of an agricultural product shall accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state, when both of the following are met:
(1) The bid or price of the California-grown agricultural product does not exceed by more than 5 percent the lowest bid or price for an agricultural product produced outside the state.
(2) The quality of the California-grown agricultural product is comparable to that agricultural produce produced outside the state.
(b) All California state-owned or state-run institutions, except public universities and colleges and school districts, that intend to accept a bid or price for agricultural products grown outside the state shall accept the bid or price from a vendor that packs or processes these agricultural products in the state before accepting a bid or price from a vendor that packs or processes these agricultural products outside of the state, when both of the following are met:
(1) The bid or price of the agricultural product grown outside the state and packed or processed in the state does not exceed by more than 5 percent the lowest bid or price for the agricultural product packed or processed outside the state.
(2) The quality of the agricultural product packed or processed in the state is comparable to those packed or processed outside the state.
(c) A school district that solicits bids for the purchase of an agricultural product shall accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state, when both of the following are met:
(1) The bid or price of the California-grown agricultural product does not exceed the lowest bid or price for an agricultural product produced outside the state.
(2) The quality of the California-grown agricultural product is comparable to that agricultural produce produced outside the state.
(d) This section shall only apply to a contract to purchase agricultural products for a value that is less than the value of the threshold for supplies and services for which California has obligated itself under the Agreement on Government Procurement of the World Trade Organization.
(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.

 Section 58595 is added to the Food and Agricultural Code, to read:

58595.
 (a) All California state-owned or state-run institutions, except public universities and colleges and school districts, that solicit bids for the purchase of an agricultural product shall accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state, when both of the following are met:
(1) The bid or price of the California-grown agricultural product does not exceed by more than 10 percent the lowest bid or price for an agricultural product produced outside the state.
(2) The quality of the California-grown agricultural product is comparable to that agricultural produce produced outside the state.
(b) All California state-owned or state-run institutions, except public universities and colleges and school districts, that intend to accept a bid or price for agricultural products grown outside the state shall accept the bid or price from a vendor that packs or processes these agricultural products in the state before accepting a bid or price from a vendor that packs or processes these agricultural products outside of the state, when both of the following are met:
(1) The bid or price of the agricultural product grown outside the state and packed or processed in the state does not exceed by more than 10 percent the lowest bid or price for the agricultural product packed or processed outside the state.
(2) The quality of the agricultural product packed or processed in the state is comparable to those packed or processed outside the state.
(c) A school district that solicits bids for the purchase of an agricultural product shall accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state, when both of the following are met:
(1) The bid or price of the California-grown agricultural product does not exceed the lowest bid or price for an agricultural product produced outside the state.
(2) The quality of the California-grown agricultural product is comparable to that agricultural produce produced outside the state.
(d) This section shall only apply to a contract to purchase agricultural products for a value that is less than the value of the threshold for supplies and services for which California has obligated itself under the Agreement on Government Procurement of the World Trade Organization.
(e) This section shall become operative on January 1, 2021.

SECTION 1.Section 58595 of the Food and Agricultural Code is amended to read:
58595.

(a)All California state-owned or state-run institutions, except public universities and colleges and school districts, that solicit bids for the purchase of an agricultural product shall accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state, when both of the following are met:

(1)The bid or price of the California-grown agricultural product does not exceed by more than 10 percent the lowest bid or price for an agricultural product produced outside the state.

(2)The quality of the California-grown agricultural product is comparable to that agricultural produce produced outside the state.

(b)All California state-owned or state-run institutions, except public universities and colleges and school districts, that intend to accept a bid or price for agricultural products grown outside the state shall accept the bid or price from a vendor that packs or processes these agricultural products in the state before accepting a bid or price from a vendor that packs or processes these agricultural products outside of the state, when both of the following are met:

(1)The bid or price of the agricultural product grown outside the state and packed or processed in the state does not exceed by more than 10 percent the lowest bid or price for the agricultural product packed or processed outside the state.

(2)The quality of the agricultural product packed or processed in the state is comparable to those packed or processed outside the state.

(c)A school district that solicits bids for the purchase of an agricultural product shall accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state, when both of the following are met:

(1)The bid or price of the California-grown agricultural product does not exceed the lowest bid or price for an agricultural product produced outside the state.

(2)The quality of the Californi