Bill Text: CA AB1736 | 2019-2020 | Regular Session | Enrolled


Bill Title: Notification requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2019-10-13 - Vetoed by Governor. [AB1736 Detail]

Download: California-2019-AB1736-Enrolled.html

Enrolled  September 16, 2019
Passed  IN  Senate  September 09, 2019
Passed  IN  Assembly  September 10, 2019
Amended  IN  Senate  July 03, 2019
Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1736


Introduced by Assembly Member Daly

February 22, 2019


An act to add Section 20103.9 to the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1736, Daly. Notification requirements.
Existing law, the Local Agency Public Construction Act, requires with certain exceptions that a responsible bidder who submitted the lowest bid, as determined in accordance with certain procedures, be awarded the contract.
This bill would require a local agency to create and maintain a policy for notifying the apparent low bidder, and the subcontractors listed by the apparent low bidder, within a reasonable time after the bid opening, as provided. By placing new requirements on a local agency, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 20103.9 is added to the Public Contract Code, to read:

20103.9.
 (a) A local agency shall establish, by July 1, 2020, and thereafter maintain a policy for notifying the apparent low bidder, and the subcontractors listed by the apparent low bidder pursuant to Section 4104, within a reasonable time after the bid opening. The local agency may provide the notification through posting on the agency’s internet website, if the agency has an internet website, in which case the request for proposals or bid solicitations shall include the internet website address and the anticipated date of notification.
(b) A local agency shall include the policies described in subdivision (a) in the local agency’s request for proposals or bid solicitations that are issued on or after July 1, 2020.
(c) The Legislature finds and declares that the notification of bidders as described in this section is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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