Bill Text: CA SB1376 | 2023-2024 | Regular Session | Amended
Bill Title: Public contracts: Local Agency Public Construction Act: reporting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - May 16 hearing: Held in committee and under submission. [SB1376 Detail]
Download: California-2023-SB1376-Amended.html
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Amended
IN
Senate
April 18, 2024 |
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Amended
IN
Senate
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1376
| Introduced by Senator Gonzalez |
February 16, 2024 |
An act to add and repeal Article 1.9 (commencing with Section 20104.90) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1376, as amended, Gonzalez.
Public contracts: Local Agency Public Construction Act: reporting.
Existing law, the Local Agency Public Construction Act, sets forth the requirements for competitive bidding on various types of contracts awarded by local agencies.
Existing law, the State Contract Act, requires the Department of General Services to make available a report on state contracting activity containing specified information.
This bill would require a participating local public entity, as defined, commencing January 1, 2026, and monthly thereafter, to compile and submit to the Office of Planning and Research prescribed information on the entity’s contracting activity similar to the information required for the State Contract Act report. The bill would require the Office of Planning and Research, commencing July 1, 2026, to develop and maintain a public online database and accompanying data
dictionary compiling the submitted data on its internet website. Commencing January 1, 2027, and annually thereafter, the bill would require the Office of Planning and Research, in collaboration with the California State Auditor, as specified, Research to review the databases database established pursuant to the bill and, together with the participating local public entities, make recommendations to the Legislature on further transparency and reporting improvements for requiring local public entities to submit similar data.
data, as specified. The bill would require the California State Auditor, if approved by the Joint Legislative Audit Committee, to conduct an audit of the program on or before January 1, 2029. The bill would repeal its provisions on January 1, 2030. By imposing additional duties on specified local public entities, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 1.9 (commencing with Section 20104.90) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read:Article 1.9. Online Reporting
20104.90.
(a) Commencing July 1, 2026, the Office of Planning and Research shall develop and maintain a public online database and accompanying data dictionary compiling data submitted by each participating local public entity. The office shall host the database and data dictionary on its internet website.(1) The database shall be easily accessible, machine readable, and searchable via open data format, and shall be published under an open license. All of the data shall be downloadable in a bulk download format.
(2) The office may adopt regulations, as necessary or appropriate, to carry out the purposes of this
article. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to regulations adopted pursuant to this article.
(b) Commencing January 1, 2026, and monthly thereafter, a participating local public entity shall compile and submit to the Office of Planning and Research the following:
(1) A listing of contracts that a participating local public entity has entered into during the previous fiscal year. The listing shall include the following as unique data fields:
(A) All of the following quantitative data:
(i) The name and identification number of each contractor.
(ii) The sourcing method for each contract, the type of bidding entered into, and the number of bidders.
(iii) The amount of the contract price.
(iv) The term of the initial contract, including date of execution and initial term expiration, and any and all renewals, extensions, and the date when the work began and was completed if the contract is underway.
(B) All of the following descriptive information for each contract:
(i) If the low bidder was not accepted, an explanation of why another contractor was selected.
(ii) If the contract was a noncompetitive bid contract, an explanation
of why.
(iii) Justification for entering into each consulting services contract.
(iv) The award description, including all of the following:
(I) Quantity and pricing of the good or service.
(II) Description in detail of the good or service, including any unique project identifier number and a description of what the good or service is to be used for.
(III) Plain language descriptions of the good or service.
(2) A separate listing of contracts completed during the previous fiscal year, with the same information specified in paragraph (1).
(3) A separate listing of any contracts underway during the previous fiscal year on which a change was made regarding any of the following:
(A) The completion date of the contract.
(B) Any modifications to the value of the contract.
(C) The purpose of the contract or duties of the contractor. A brief explanation shall be given if the change in purpose is significant.
(4) For all contracts described in paragraphs (1) to (3), inclusive, the following information, to the extent that the information has been reported to the entity:
(A) The
levels of participation in the entity’s contracts by business enterprises by race, ethnicity, and gender of the owner.
(B) Whether a business awarded a contract is owned by a lesbian, gay, bisexual, or transgender person.
(b)
(c) (1) For purposes of this section, “participating local public entity” means up to three local public entities subject to this part, at least two of which have been designated high risk pursuant to Section 8546.10
of the Government Code, either on a volunteer basis or part selected pursuant to paragraph (2).
(2) If no local public entity has voluntarily submitted information by July 1, 2026, (A) On or before July 1, 2025, the Office of Planning and Research shall designate select
three local public entities that have been designated high risk pursuant to Section 8546.10 of the Government Code to participate.
(B) If the Office of Planning and Research has not selected three local public entities to participate by July 1, 2025, the office shall instead select up to three local public entities that are delinquent in filing the report required by Section 53891 of the Government Code. A local public entity selected after July 1, 2025, pursuant to this subparagraph shall have six months from the date of selection to commence reporting pursuant to subdivision (b).
20104.91.
Commencing January 1, 2027, and annually thereafter, the Office of Planning and(a) The Office of Planning and Research shall issue the recommendations to the Legislature, pursuant to Section 9795 of the Government Code, on or before July 1 of each year.
(b)Notwithstanding Section 8544.5 of the Government Code, the California State
Auditor shall collaborate pursuant to this section only upon appropriation by the Legislature for its costs.
(b) On or before January 1, 2029, if approved by the Joint Legislative Audit Committee, the California State Auditor shall conduct an audit of the program created by this article.
