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SB-1315 California-Mexico border: federally funded infrastructure.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
SB1315:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1315


Introduced by Senator Durazo

February 21, 2020


An act to add and repeal Chapter 17 (commencing with Section 8900) of Division 1 of Title 2 of the Government Code, and to amend, repeal, and add Section 1103 of the Public Contract Code, relating to infrastructure.


LEGISLATIVE COUNSEL'S DIGEST


SB 1315, as introduced, Durazo. 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, except as specified, would prohibit the state, commencing January 1, 2021, until January 1, 2026, from awarding or renewing 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 contractor that is providing or has provided on or after January 1, 2021, goods or services to the federal government for the construction of a federally funded wall, fence, or other barrier along California’s southern border. The bill would also define various terms for these 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, except as specified, would provide that, until January 1, 2026, for purposes of 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 contractor that is providing or has provided goods or services on or after January 1, 2021, to the federal government for the construction of a federally funded wall, fence, or other barrier along California’s southern border, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 17 (commencing with Section 8900) is added to Division 1 of Title 2 of the Government Code, to read:
CHAPTER  17. 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) For purposes of this 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) The term “contractor” means the contractor or subcontractor of the awarding authority and does not include 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, 2021, 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 contractor that is providing or has provided on or after January 1, 2021, 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 January 1, 2021.
(c) 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 contract is for essential services, including, but not limited to, water, power, gas, transmission, and other 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 subdivision (a) 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 contractor that is providing or has provided on or after January 1, 2021, 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 January 1, 2021.
(2) For purposes of this subdivision:
(A) The term “contractor” means the contractor or subcontractor who contracts with the awarding authority and does not include 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 January 1, 2021.
(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 contract is for essential services, including, but not limited to, water, power, gas, transmission, and other 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.