Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 475

Introduced by Assembly Member Chau

February 13, 2017

An act to amend Section 11519 of the Vehicle Code, relating to vehicles. An act to amend Section 11545 of, and to repeal Section 11547.5 of, the Government Code, and to amend Section 6611 of the Public Contract Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 475, as amended, Chau. Total loss salvage vehicles and dismantled vehicles: registration. Department of Technology.
Existing law establishes within the Government Operations Agency the Department of Technology, which is supervised by the Director of Technology. Existing law authorizes the Director of Technology and the Department of Technology to exercise various powers in creating and managing the information technology policy of the state, including, among others, reviewing and maintaining the information technology sections of the State Administrative Manual, except for those provisions relating to information technology procurement procedures and information technology fiscal policy.
This bill would require the director to also be responsible for periodically reviewing and maintaining procurement procedures related to information technology projects. The bill would also make technical changes in the provision relating to the duties of the director.
Existing law requires the director to produce an annual information technology performance report, and to submit that report to the Joint Legislative Budget Committee by January 15 of every year.
This bill would recast the requirements of that report by consolidating therein reports of cost savings and other avoidances that are currently included in another annual report, and would require the director to include any changes in the report when submitting it to the Joint Legislative Budget Committee.
Existing law requires the department to submit an information technology performance management framework to the Joint Legislative Budget Committee by May 15, 2009, and to notify the Legislature if the agency modifies that framework.
This bill instead would require the department to maintain an information technology performance management framework that includes specified information relating to the state’s information technology program. The bill would remove the requirement that the department submit the framework to the Joint Legislative Budget Committee and notify the committee of any changes to the framework.
Existing law requires the director to review a specified manual and draft a report, based on that manual and other specified factors, to be transmitted to certain legislative committees on or before July 1, 2016, that recommends how a team of senior consulting information technology experts could be developed to serve as support for state agencies and senior project team members in state government. Existing law also requires the director, after transmitting the report, to establish a unit, within the department, of consulting information technology experts to serve as support for state agencies.
This bill would repeal that reporting requirement as well as the requirement to establish a unit of consulting information technology experts.
Existing law authorizes the Department of Technology, until January 1, 2018, and where any of certain conditions exist to utilize a specified negotiation process for the purpose of procuring information technology and telecommunications goods and services on behalf of state departments and information technology projects.
This bill would remove the January 1, 2018, date restriction described above and thereby would continue indefinitely the authority of the Department of Technology to utilize that specified negotiation process.

Existing law prohibits a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle from being subsequently registered until the prescribed bill of sale, an appropriate application, official lamp and brake adjustment certificates, as specified, other required documents and fees, and specified pollution control information is submitted to the Department of Motor Vehicles. Existing law prohibits the Department of Motor Vehicles from registering a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle if the vehicle has been referred to the Department of the California Highway Patrol, or selected for inspection by that department, as specified, until the applicant for registration submits to the Department of Motor Vehicles a certification of that inspection.

This bill would additionally require a certification of structural integrity to be submitted to the Department of Motor Vehicles before a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may be registered.

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

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


SECTION 1.

 Section 11545 of the Government Code is amended to read:

11545.
 (a) (1) There is in state government the Department of Technology within the Government Operations Agency. The Director of Technology shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The Director of Technology shall supervise the Department of Technology and report directly to the Governor on issues relating to information technology.
(2) Unless the context clearly requires otherwise, whenever the term “office of the State Chief Information Officer” or “California Technology Agency” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Department of Technology, and whenever the term “State Chief Information Officer” or “Secretary of California Technology” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Director of Technology.
(3) The Director of Technology shall be the State Chief Information Officer.
(b) The duties of the Director of Technology shall include, but are not limited to, all of the following:
(1) Advising the Governor on the strategic management and direction of the state’s information technology resources.
(2) Establishing and enforcing state information technology strategic plans, policies, standards, and enterprise architecture. This shall include the periodic review and maintenance of the information technology sections of the State Administrative Manual, Manual and procurement procedures related to information technology projects, except for sections on information technology procurement procedures, and information technology fiscal policy. The Director of Technology shall consult with the Director of General Services, the Director of Finance, and other relevant agencies concerning policies and standards these agencies are responsible to issue as they that relate to information technology.
(3) Minimizing overlap, redundancy, and cost in state information technology operations by promoting the efficient and effective use of information technology.
(4) Providing technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives, compliance with information technology policies and standards, and the promotion of the alignment and effective management of information technology services. Nothing in this This paragraph shall be deemed to does not limit the authority of a constitutional officer, cabinet agency secretary, or department director to establish programmatic priorities and business direction to the respective agency or department chief information officer.
(5) Working to improve organizational maturity and capacity in the effective management of information technology.
(6) Establishing performance management and improvement processes to ensure state information technology systems and services are efficient and effective.
(7) Approving, suspending, terminating, and reinstating information technology projects.
(8) Performing enterprise information technology functions and services, including, but not limited to, implementing Geographic Information Systems (GIS), shared services, applications, and program and project management activities in partnership with the owning agency or department.
(c) The Director of Technology shall produce an annual information technology strategic plan that shall guide the acquisition, management, and use of information technology. State agencies shall cooperate with the department in the development of this plan, as required by the Director of Technology.
(1) Upon establishment of the information technology strategic plan, the Director of Technology shall take all appropriate and necessary steps to implement the plan, subject to any modifications and adjustments deemed necessary and reasonable.
(2) The information technology strategic plan shall be submitted to the Joint Legislative Budget Committee by January 15 of every year.
(d) The Director of Technology shall produce an annual information technology performance report that shall assess and measure the state’s progress toward enhancing its information technology program for human capital management; reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets, infrastructure, and systems; improving energy efficiency in the use of information technology assets; enhancing the security, reliability, and quality of information technology networks, services, and systems; and improving the information technology procurement process. This report shall also include cost savings and avoidances achieved through improvements to the way the state acquires, develops, implements, manages, and operates state technology assets, infrastructure, and systems. The department shall establish those policies and procedures required to improve the performance of the state’s information technology program.
(1) The department shall submit maintain an information technology performance management framework to that includes the Joint Legislative Budget Committee by May 15, 2009, accompanied by the most current baseline data for each performance measure or metric contained in the framework. The information technology performance management framework shall include the performance measures and targets that the department will utilize to assess the performance of, and measure the costs and risks avoided by, the state’s information technology program. The department shall provide notice to the Joint Legislative Budget Committee within 30 days of making changes to the framework. This notice shall include the rationale for changes in specific measures or metrics.
(2) State agencies shall take all necessary steps to achieve the targets set forth by the department and shall report their progress to the department on a quarterly basis.
(3) Notwithstanding Section 10231.5, the information technology performance report shall be submitted to the Joint Legislative Budget Committee Committee, including any changes, by January 15 of every year. To enhance transparency, the department shall post performance targets and progress toward these targets on its public Internet Web site.

(4)The department shall at least annually report to the Director of Finance cost savings and avoidances achieved through improvements to the way the state acquires, develops, implements, manages, and operates state technology assets, infrastructure, and systems. This report shall be submitted in a timeframe determined by the Department of Finance and shall identify the actual savings achieved by each office, department, and agency. Notwithstanding Section 10231.5, the department shall also, within 30 days, submit a copy of that report to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Appropriations, and the Assembly Committee on Budget.

(e) If the Governor’s Reorganization Plan No. 2 of 2012 becomes effective, this section shall prevail over Section 186 of the Governor’s Reorganization Plan No. 2 of 2012, regardless of the dates on which this section and that plan take effect, and this section shall become operative on July 1, 2013.

SEC. 2.

 Section 11547.5 of the Government Code is repealed.
11547.5.

(a)On or before July 1, 2016, the Director of Technology shall transmit a report, pursuant to subdivision (b), recommending how a team of senior consulting information technology experts could be developed to serve as support for state agencies and senior project team members in state government to support their exercise of leadership, monitoring, control, and direction over information technology projects to minimize risks of those projects being completed improperly and over budget. In preparing the report, the Director of Technology shall review the California Project Management Methodology Reference Manual. The report shall be based on the review of that manual and shall also consider how a team of senior consulting advisers can assist senior executives charged with oversight of major information technology projects in terms of the challenges arising from all of the following:

(1)Governance.

(2)Development and management of contracts.

(3)Testing.

(4)Organizational change management.

(5)Data conversion and migration.

(6)Schedule development and management.

(7)Evaluation and possible pitfalls of seeking value for taxpayers by reengineering state systems and procedures.

(8)Risk and issue identification and management.

(9)Interface identification and management.

(10)Quality assurance and quality control.

(11)Requirements definition and management.

(12)Architecture.

(13) Roll-out planning and approach.

(b)The report shall be transmitted to the Senate Committee on Governmental Organization and the Assembly Committee on Accountability and Administrative Review, in compliance with Section 9795.

(c)After transmitting the report pursuant to subdivision (b), the Director of Technology shall establish a unit, within the Department of Technology, of consulting information technology experts to serve as support for state agencies.

SEC. 3.

 Section 6611 of the Public Contract Code is amended to read:

6611.
 (a) Notwithstanding any other provision of law, the Department of General Services may, relative to contracts for goods, services, information technology, and telecommunications, use a negotiation process if the department finds that one or more of the following conditions exist:
(1) The business need or purpose of a procurement or contract can be further defined as a result of a negotiation process.
(2) The business need or purpose of a procurement or contract is known by the department, but a negotiation process may identify different types of solutions to fulfill this business need or purpose.
(3) The complexity of the purpose or need suggests a bidder’s costs to prepare and develop a solicitation response are extremely high.
(4) The business need or purpose of a procurement or contract is known by the department, but negotiation is necessary to ensure that the department is receiving the best value or the most cost-efficient goods, services, information technology, and telecommunications.
(b) When it is in the best interests of the state, the department may negotiate amendments to the terms and conditions, including scope of work, of existing contracts for goods, services, information technology, and telecommunications, whether or not the original contract was the result of competition, on behalf of itself or another state agency.
(c) (1) The department shall establish the procedures and guidelines for the negotiation process described in subdivision (a), which those procedures and guidelines shall include, but not be limited to, a clear description of the methodology that will be used by the department to evaluate a bid for the procurement goods, services, information technology, and telecommunications.
(2) The procedures and guidelines described in paragraph (1) may include provisions that authorize the department to receive supplemental bids after the initial bids are opened. If the procedures and guidelines include these provisions, the procedures and guidelines shall specify the conditions under which supplemental bids may be received by the department.
(d) An unsuccessful bidder shall have no right to protest the results of the negotiating process undertaken pursuant to this section. As a remedy, an unsuccessful bidder may file a petition for a writ of mandate in accordance with Section 1085 of the Code of Civil Procedure. The venue for the petition for a writ of mandate shall be Sacramento, California. An action filed pursuant to this subdivision shall be given preference by the court.
(e) (1) The California The Department of Technology Agency may utilize the negotiation process described in subdivisions (a) and (b) for the purpose of procuring information technology and telecommunications goods and services on behalf of state departments and information technology projects.
(2) Nothing in this section shall be interpreted to supersede the department’s existing statutory control over procurement processes as dictated in Section 12100.
(f) On or before January 1, 2013, and annually thereafter, the California Department of Technology Agency and the Department of General Services shall report to the relevant budget subcommittees of each house of the Legislature on the use of subdivision (e) during budget hearings.

(g)Subdivisions (e) and (f) shall remain in effect only until January 1, 2018, unless an enacted statute deletes or extends that date. Procurements still in the negotiation process pursuant to subdivision (e) on January 1, 2018, shall complete negotiations using that process.

SECTION 1.Section 11519 of the Vehicle Code is amended to read:
11519.

(a)A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following:

(1)The prescribed bill of sale.

(2)An appropriate application.

(3)Official lamp and brake adjustment certificates issued by an official lamp and brake adjusting station licensed by the Director of Consumer Affairs, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit an official lamp and brake certification for his or her rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525.

(4)With respect to a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a valid certificate of compliance from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.

(5)A certification of structural integrity in an appropriate form as determined by the department.

(6)Any other documents or fees required under law.

(b)The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a).