Bill Text: CA AB429 | 2015-2016 | Regular Session | Enrolled
Bill Title: Public contracts: preferences: forest products.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB429 Detail]
Download: California-2015-AB429-Enrolled.html
BILL NUMBER: AB 429 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JUNE 29, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Dahle
(Principal coauthor: Assembly Member Wood)
FEBRUARY 19, 2015
An act to add Section 12405 to the Public Contract Code, relating
to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 429, Dahle. Public contracts: preferences: forest products.
Existing law generally requires state agencies to comply with
competitive bidding procedures in soliciting and evaluating bids for
public works projects. Existing law authorizes bidding preferences
for certain categories of business owners.
Existing law also requires the Department of General Services, in
consultation with the California Environmental Protection Agency,
members of the public, industry, and public health and environmental
organizations, to provide state agencies with information and
assistance regarding environmentally preferable purchasing.
The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person
from conducting timber operations on timberland unless a timber
harvesting plan has been prepared by a registered professional
forester and has been submitted to the Department of Forestry and
Fire Protection and approved by the Director of Forestry and Fire
Protection or the State Board of Forestry and Fire Protection.
The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases
and requires the board to adopt a statewide greenhouse gas emissions
limit equivalent to the statewide greenhouse gas emissions level in
1990 to be achieved by 2020. Under existing law, the board is
required to consult with other states, the federal government, and
other nations to identify the most effective strategies and methods
to, among other things, reduce greenhouse gases and imposes
limitations on any link, as defined, between the state and another
state, province, or country for purposes of a market-based compliance
mechanism, as specified.
This bill would require a state agency, as specified, that
contracts for, or acquires, lumber or other solid wood products,
excluding paper and other types of secondary manufactured goods, to
give preference, to the extent consistent with federal law, if price,
fitness, and quality are equal, based upon verifiable,
self-certification from the supplier, to lumber and other solid wood
products that are harvested in compliance with the Z'berg-Nejedly
Forest Practice Act of 1973, rules governing federal timber sales, or
a forest certification program identified by the Director of the
Department of Forestry and Fire Protection, as prescribed. The bill
would authorize the Director of the Department of Forestry and Fire
Protection to identify, after consideration at a public hearing, a
forest certification program or programs that may be used for the
purpose of purchasing preferences for lumber and solid wood products.
The bill would require the Director of the Department of Forestry
and Fire Protection to notify the Department of General Services of
this identification in writing.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) It is a priority in California to protect the wildlife,
rivers, streams, and soil that make up the state's rich forest
ecosystems covering 40 percent of the state's entire land area.
(b) Forested lands in California do all of the following:
(1) Provide significant environmental benefits, including serving
as the source of more than half the state's supply of drinking water
and habitat for numerous wildlife and plant species, some of which
are rare, threatened, or endangered.
(2) Serve as the source of extensive recreational opportunities
for millions of Californians.
(3) Provide a signature landscape that identifies California to
people worldwide.
(4) Reduce the amount of carbon dioxide in the atmosphere,
replacing it with clean, fresh air. According to the California
Environmental Protection Agency, forestry is the only sector in
California that reduces atmospheric carbon. Sequestered carbon is
stored in the forest in trees, soil, wood debris on the forest floor,
and in long-lasting products made from harvested wood.
(c) Forested lands in California also provide the source of raw
materials for the timber products industry, and a source of jobs for
those who are employed in that industry. Forested lands in California
are an essential economic resource in rural communities across the
state.
(d) The economic pressures faced by the timber industry have
resulted in financial losses to the California timber industry and
private landowners.
(e) It is appropriate for the State of California to officially
support the continued economic vitality of the California timber
products industry.
(f) Laws and regulations governing forestry in California
represent the commitment of the state to strive for the highest
environmental standards for industrial forestry anywhere in the
world. The state may express its preference for timber products
reflecting that commitment.
(g) Currently, approximately 70 percent of California's timber
products must be imported to meet the demand of the state's
population of 38 million people. California's population is projected
to increase to 49 million people by 2025, further intensifying our
consumption of, and demand for, timber products from other states and
abroad.
(h) The import and export of goods, including timber products, are
and will remain part of the state's economy. The import and export
of all goods have contributed to the diverse economic base of
California.
(i) When price, quality, and fitness are equal and when the
marketplace provides timber products that are acceptable for use by
state agencies, the State of California has a responsibility to
purchase sustainable forest products.
SEC. 2. Section 12405 is added to the Public Contract Code, to
read:
12405. (a) Consistent with all applicable provisions of this
code, and to the extent consistent with federal law as determined by
the courts, when price, fitness, and quality are equal, a state
agency that contracts for, or acquires, lumber or other solid wood
products, excluding paper and other types of secondary manufactured
goods, shall, if price, fitness, and quality are equal, based upon
verifiable, self-certification from the supplier to the project that
is selling directly to state agencies, give preference to lumber and
other solid wood products that are harvested in compliance with one
of the following:
(1) Z'berg-Nejedly Forest Practice Act of 1973 (Chapter 8
(commencing with Section 4511) of Part 2 of Division 4 of the Public
Resources Code).
(2) Rules governing federal timber sales.
(3) A forest certification program that has been identified by the
Director of the Department of Forestry and Fire Protection, pursuant
to subdivision (b).
(b) The Director of the Department of Forestry and Fire
Protection, after consideration at a public hearing, may identify a
forest certification program or programs that may be used for the
purpose of purchasing preferences for lumber and solid wood products.
The Director of the Department of Forestry and Fire Protection shall
notify the Department of General Services of this identification in
writing.
(c) Subdivision (a) applies only to a state agency that directly
contracts for specified lumber and other wood products pursuant to
Article 3 (commencing with Section 10300) of Chapter 2 of Part 2 of
Division 2 of this code.
(d) Subdivision (a) shall be applied in a manner consistent with
the state's obligations under any applicable international agreement.
