Bill Text: CA AB2620 | 2013-2014 | Regular Session | Introduced
Bill Title: State contracts: goods and services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-04-28 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2620 Detail]
Download: California-2013-AB2620-Introduced.html
BILL NUMBER: AB 2620 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Rendon and Levine
FEBRUARY 21, 2014
An act to add Article 7 (commencing with Section 10400) to Chapter
2 of Part 2 of Division 2 of the Public Contract Code, relating to
public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2620, as introduced, Rendon. State contracts: goods and
services.
Existing law sets forth requirements for the acquisition of goods
and services by state agencies and sets forth the various
responsibilities of the Department of General Services and other
state agencies in overseeing and implementing state contracting
procedures and policies. Specific provisions govern the acquisition
of information technology goods and services.
This bill would enact the Transportation Sustainability
Procurement Program Act to require the department, in consultation
with the California Environmental Protection Agency, to develop a
sustainability program for the state's procurement of shipping and
transportation services for freight, small package delivery, and
other forms of cargo. The act would require a contract entered into
by a state agency, as defined, for those services, except as
specifically exempted in existing law, to require service providers
to report specified information relating to energy use and emissions
of greenhouse gases to the agency, using generally accepted reporting
protocols adopted by the agency for that purpose. The act would
impose requirements on the solicitation for the procurement of
services to specify how the bidder will be required to report its
energy use and associated emissions of greenhouse gases under the
contract, and to require a bidder to disclose prescribed information
in its responses to the solicitation. The act would require the
Director of General Services to adopt rules as specified to encourage
all state agencies to use the least costly level of service or mode
of transport that can achieve ontime delivery.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that it is the
purpose of this act and the policy of this state to provide the
structure and criteria necessary to ensure that the state processes
for procuring freight, small package delivery, and other forms of
cargo transport and shipping services take into consideration not
only cost and quality, but also vendors' commitment to, and execution
of, best environmental practices.
SEC. 2. Article 7 (commencing with Section 10400) is added to
Chapter 2 of Part 2 of Division 2 of the Public Contract Code, to
read:
Article 7. Transportation Sustainability Procurement Program
Act
10400. This act shall be known, and may be cited, as the
Transportation Sustainability Procurement Program Act.
10401. As used in this article:
(a) "Services" means shipping and transportation services for
freight, small package delivery, and other forms of cargo.
(b) "State agency" means a state agency subject to this chapter.
10402. (a) The department, in consultation with the California
Environmental Protection Agency, shall develop a sustainability
program for the state's procurement of services subject to this
article.
(b) A contract entered into by a state agency for the procurement
of services shall require the service provider to report to the
California Environmental Protection Agency, using generally accepted
reporting protocols adopted by that agency for that purpose:
(1) The amount of energy the service provider consumed to provide
contracted services to the state and the amount of associated
emissions of greenhouse gases, including energy use and greenhouse
gases emitted as a result of the service provider's use of
electricity in its facilities.
(2) The energy use and emissions of greenhouse gases by the
service provider's subcontractors in the performance of those
services.
(c) The solicitation for the procurement of services shall do the
following:
(1) Specify how the bidder will be required to report its energy
use and associated emissions of greenhouse gases under the contract.
(2) Require a bidder to disclose in its responses to the
solicitation the following information:
(A) Use of measures to reduce vehicle engine idling.
(B) Use of multimodal transportation, such as rail, trucks, or air
transport, and how the use of those types of transportation is
anticipated to reduce costs for the state.
(C) The extent of the bidder's use of cleaner, less expensive
fuels as an alternative to petroleum or the bidder's use of more
efficient vehicle propulsion systems.
(D) The level of transparency of the service provider's reporting
under subdivision (b), and what independent verification and
assurance measures exist for this reporting.
(E) Use of speed governors on heavy trucks.
(F) Use of recyclable packaging.
(G) Measures of bidder's network efficiency, including the
in-vehicle use of telematics or other related technologies that
provide for improved vehicle and network optimization and
efficiencies.
(H) Bidder's energy intensity per unit of output delivered.
(I) How the bidder will advance the environmental goals of the
state.
(J) Opportunities identified to effectively neutralize the
emissions of greenhouse gases reported under subdivision (b).
(d) In awarding contracts for services, a state agency, as part of
a best value analysis of the responses to a solicitation, as
applicable, shall do the following:
(1) Give appropriate weight to the disclosures in paragraph (2) of
subdivision (c).
(2) Give appropriate weight to the price and quality of the
services being offered.
(e) A state agency may accept from a service provider an optional
offer at a reasonable cost of carbon-neutral shipping in which the
provider calculates the direct and indirect emissions of greenhouse
gases of the provider that are specified under subdivision (b), and
obtains independently verified carbon credits to offset those
emissions and then retires the carbon credits.
(f) The director shall adopt rules to encourage all state agencies
to use the least costly level of service or mode of transport, while
distinguishing between express or air delivery versus ground
delivery, that can achieve ontime delivery for the product being
transported and delivered.
