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SB-460 Communications: broadband Internet access service: state agencies.(2017-2018)



Current Version: 08/28/18 - Amended Assembly        


SB460:v94#DOCUMENT

Amended  IN  Assembly  August 28, 2018
Amended  IN  Assembly  August 07, 2018
Amended  IN  Senate  January 22, 2018
Amended  IN  Senate  January 12, 2018
Amended  IN  Senate  January 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 460


Introduced by Senators De León and Wiener
(Principal coauthor: Assembly Member Santiago)
(Coauthor: Assembly Member Bonta)

February 16, 2017


An act to add Chapter 3.51 (commencing with Section 12121) to Part 2 of Division 2 of Section 12119 to the Public Contract Code, relating to the Internet.


LEGISLATIVE COUNSEL'S DIGEST


SB 460, as amended, De León. Communications: broadband Internet access service: state agencies.
(1) Existing law generally governs the state procurement of materials, supplies, equipment, and services, and the acquisition of electronic data-processing and telecommunications goods and services.
This bill would prohibit a state agency from contracting with an Internet service provider for the provision of broadband Internet access service unless that provider certifies require an Internet service provider that submits a bid or proposal to, or that otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or more for the provision of broadband Internet access service to certify that it is in full compliance with, and renders broadband Internet access service to the state agency consistent with, specified provisions of SB 822 of the 2017–18 Regular Session concerning the treatment of Internet traffic, as provided. The bill would authorize a state agency to waive these provisions under specified conditions.
(2) The bill would make its operation contingent on the enactment of SB 822 of the 2017–18 Regular Session.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Chapter 3.51 (commencing with Section 12121) is added to Part 2 of Division 2 of the Public Contract Code, to read:
3.51.Internet Neutrality
12121.

For purposes of this chapter, “broadband Internet access service” and “Internet service provider” have the same meanings as defined in Section 3100 of the Civil Code.

12122.

No state agency shall contract with an Internet service provider for the provision of broadband Internet access service unless that provider certifies in writing that both of the following conditions are met:

(a)The Internet service provider is in full compliance with Title 15 (commencing with Section 3100) of Part 4 of Division 3 of the Civil Code.

(b)The broadband Internet access service provided to the state agency by the Internet service provider is rendered consistent with the requirements of Title 15 (commencing with Section 3100) of Part 4 of Division 3 of the Civil Code.

SECTION 1.

 Section 12119 is added to the Public Contract Code, to read:

12119.
 (a) An Internet service provider that submits a bid or proposal to, or that otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more for the provision of broadband Internet access service shall certify in writing that both of the following conditions are met:
(1) The Internet service provider is in full compliance with Title 15 (commencing with Section 3100) of Part 4 of Division 3 of the Civil Code.
(2) The broadband Internet access service provided to the state agency by the Internet service provider is rendered consistent with the requirements of Title 15 (commencing with Section 3100) of Part 4 of Division 3 of the Civil Code.
(b) After taking all reasonable measures to find a contractor that complies with the requirements of this section, as determined by the state agency, the requirements of this section may be waived under any of the following circumstances:
(1) Whenever there is only one prospective contractor willing to enter into a specific contract with the state agency and that contractor is unable to provide either of the certifications required pursuant to subdivision (a).
(2) If the contract is necessary to respond to an emergency, as determined by the state agency, that endangers the public health, welfare, or safety, or the contract is necessary for the provision of essential services, and no entity that complies with the requirements of this section capable of responding to the emergency is immediately available.
(3) If the agency specifically requests broadband Internet access service that would not be rendered consistent with the requirements of Title 15 (commencing with Section 3100) of Part 4 of Division 3 of the Civil Code, as provided in paragraph (2) of subdivision (a).
(c) For purposes of this section, “broadband Internet access service” and “Internet service provider” have the same meanings as defined in Section 3100 of the Civil Code, except that broadband Internet access service shall include enterprise service offerings, as defined in Section 3100 of the Civil Code.

SEC. 2.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 3.

 This act shall become operative only if Senate Bill 822 of the 2017–18 Regular Session is enacted and becomes effective.