Bill Text: CA AB696 | 2023-2024 | Regular Session | Amended
Bill Title: State agency grants and contracts.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2023-09-01 - In committee: Held under submission. [AB696 Detail]
Download: California-2023-AB696-Amended.html
|
Amended
IN
Assembly
May 18, 2023 |
|
Amended
IN
Assembly
April 25, 2023 |
|
Amended
IN
Assembly
March 20, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 696
| Introduced by Assembly Member Lowenthal |
February 13, 2023 |
An act to add Chapter 5.3 (commencing with Section 8335) to Division 1 of Title 2 of of, and to repeal Section 8338 of, the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 696, as amended, Lowenthal.
State agency grants and contracts.
Existing law generally establishes procedures and requirements for state agencies to enter into contracts for goods and services, including requirements imposed under the State Contract Act for bidding and award of certain public works contracts.
This bill would enact The California State Grants and Contracts Modernization Act which would, commencing July 1, 2025, require a state agency that administers a grant or enters into a contract with any eligible entity to follow certain procedures, including, among other things, providing for and accepting electronic signatures, as defined, and not requiring an original or wet signature on any document associated with the contract or grant.
to provide for and accept electronic signatures and electronic transmission, and provide for and offer the option of payment by electronic funds or automatic clearinghouse transfer. The bill would also, among other things, prohibit a state agency that administers a grant or contract with any eligible entity on and after July 1, 2025, from requiring an original or wet signature on a contract or grant document, unless otherwise required by state or federal law.
Existing law, the Grant Information Act of 2018, requires the California State Library to create a funding opportunities internet website that provides a centralized location for grant seekers to find state grant opportunities. Existing law requires each state agency to register every grant the state agency administers with the California State Library prior to commencing a solicitation or award process for distribution of the grant. Existing law requires each state agency to
provide for the acceptance of electronic applications for any grant administered by the agency, as appropriate.
This bill would require the California State Library to, by July 1, 2025, create and make available an internet website that all
state agencies administering grants or contracts can access and allows any eligible entity to submit any documents associated with the grant or contract, as specified. Library, by December 31, 2024, to survey all agencies administering grants or contracts with eligible entities and report to the Legislature on the extent and nature of electronic management of documents, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 5.3 (commencing with Section 8335) is added to Division 1 of Title 2 of the Government Code, to read:CHAPTER 5.3. The California State Grants and Contracts Modernization Act
8335.
This chapter shall be known, and may be cited, as “The California State Grants and Contracts Modernization Act.”8336.
For purposes of this chapter, all of the following definitions shall apply:(a) “Automated clearinghouse” has the same meaning as defined in subdivision (b) of Section 20027.5.
(b) “Electronic funds transfer” has the same meaning as defined in subdivision (a) of Section 20027.5.
(c) “Electronic signature” has the same meaning as defined in subdivision (h) of Section 1633.2 of the Civil Code.
(d) “Electronic transmission” means a communication that meets all of the following criteria:
(1) It is delivered by any of the following methods:
(A) Facsimile telecommunication or electronic mail when directed to a facsimile number or electronic mail address, respectively, that the state agency has designated for those communications.
(B) Posting to an internet website that the state agency has designated for those communications.
(C) Other means of electronic communication.
(2) It is delivered to a state agency that has provided unrevoked consent to the use of those means of transmission for communications pursuant to this chapter.
(3) It creates a record that is capable of retention, retrieval, and review and that may thereafter be rendered into clearly legible tangible form.
8337.
(a) A state agency that administers a grant to, or enters into a contract with, any eligible entity commencing July 1, 2025, shall do all of the following:(1) Provide for and accept electronic signatures.
(2) Provide for and accept electronic transmission.
(3) Provide for and offer the option of payment by electronic funds transfer or automated clearinghouse transfer.
(b) A Unless
otherwise required by state or federal law, a state agency that administers a grant to, or enters into a contract with, any eligible entity commencing July 1, 2025, shall not do any of the following:
(1) Require an original or wet signature on any document associated with the grant or contract.
(2) Require a facsimile, United States mail, or in-person delivery of any documents associated with the grant or contract.
(c) Nothing in this section shall prevent a state agency from providing for or accepting wet signatures, physical documents, or alternative means of funds transfer or payment, including, but not limited to, physical checks.
By July 1, 2025, the California State Library shall create and make available an internet website, that all state agencies administering grants or contracts can access, that allows
any eligible entity to submit any documents associated with the grant or contract, including, but not limited to, incorporation documents, proof of insurance, audited financials, tax returns, standard provision attestations, banking information, and signing authorizations.
8338.
(a) By December 31, 2024, the California State Library shall survey all state agencies administering grants or contracts with eligible entities and report to the Legislature on the extent and nature of electronic management documents associated with grants and contracts with those entities.(b) The report required in subdivision (a) shall be submitted in compliance with Section 9795.
(c) Pursuant to Section 10231.5, this section is repealed on January 1, 2029.
