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AB-579 Fire prevention: purchases of personal protective equipment: Department of Forestry and Fire Protection.(2021-2022)



Current Version: 03/25/21 - Amended Assembly Compare Versions information image


AB579:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 579


Introduced by Assembly Member Flora

February 11, 2021


An act to amend Section 4953 of the Public Resources Code, 2807 of the Penal Code, relating to fire prevention.


LEGISLATIVE COUNSEL'S DIGEST


AB 579, as amended, Flora. Fire prevention. prevention: purchases of personal protective equipment: Department of Forestry and Fire Protection.
Existing law establishes the Prison Industry Authority and authorizes it to operate industrial, agricultural, and service enterprises which will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law requires state agencies to purchase these products and services at the prices fixed by the authority. Existing law also requires state agencies to make maximum utilization of these products and consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
Under existing law, the Department of Forestry and Fire Protection is required to carry out specified duties with respect to the prevention and control of forest fires.
This bill would provide that, notwithstanding requirements imposed on state agencies to purchase Prison Industry Authority products, the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the department’s needs and assessment of quality and value.

Existing law establishes the California Conservation Camp program to provide for the training and use of the inmates and wards assigned to conservation camps in the furtherance of public conservation. Existing law requires the Department of Forestry and Fire Protection to use inmates and wards assigned to conservation camps for fire prevention, fire control, and other work of the department.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 2807 of the Penal Code is amended to read:

2807.
 (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.
(b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the Prison Industry Authority. authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
(c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:
(1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.
(2) The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, “local education agency” means a school district, county office of education, state special school, or charter school.
(3) The products and services are provided to public school students at no cost to the students or their families.
(d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protection’s needs and assessment of quality and value.

SECTION 1.Section 4953 of the Public Resources Code is amended to read:
4953.

(a)The department shall utilize inmates and wards assigned to conservation camps in performing fire prevention, fire control, and other work of the department. At times it deems proper and on terms it deems wise, the department may enter into contracts or cooperative agreements with a public agency, local, state, or federal, or with a qualified nonprofit organization that has a demonstrated ability to plan, implement, and complete a conservation project and meets other criteria, as determined by the department, for the performance of other conservation projects that are appropriate for those public agencies or that nonprofit organization under policies established by the Prison Industry Authority. The charge for the service shall be determined by the director. All of these contracts are subject to the approval of the director and the Director of General Services.

(b)For the purposes of this section, “nonprofit organization” means any California corporation exempt from taxation under Section 501(c)(3), 501(c)(4), or 501(c)(5) of the federal Internal Revenue Code.