AB 1979

Bill Subjects

Abstract

Existing law governs the bidding and awarding of public contracts by various state agencies. Existing law imposes requirements on contractors awarded various public contracts, including, among others, certifying that no equipment, materials, supplies, apparel, garments, or accessories provided under specified contracts are produced by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor, or exploitation of children in sweatshop labor. This bill would establish the California Deforestation-Free Procurement Act. The bill would require a contractor, as defined, and specified subcontractors, for any contract entered into, extended, or renewed on or after January 1, 2025, contracting with a state agency for the procurement of any product comprised wholly or in part of forest-risk commodities to certify that the commodities were not grown, derived, harvested, reared, or produced on land where tropical deforestation occurred on or after January 1, 2023. The bill would exempt a credit card purchase of goods of $2,500 or less, not to exceed a total of $7,500 of goods per contractor per year, from these certification requirements. The bill would require specified contractors to have a forest policy, as specified, and would require the contractors to make the policy and corresponding data publicly available. On or before July 1, 2024, the bill would require the Department of General Services to make available an informational notice or memorandum on a Deforestation-Free Code of Conduct to be used by a contractor that includes specified information, including a list of forest-risk commodities subject to these provisions. This bill would impose sanctions on a contractor who knew or should have known that a product furnished to the state was comprised wholly or in part of a forest-risk commodity in violation of these provisions. The bill would make any person who certifies as true any material matter pursuant to these provisions that the person knows to be false guilty of a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. The State Contract Act governs the bidding and award of public works contracts by specific state agencies and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans, specifications, and estimates of cost. The act prohibits, except in specified circumstances, a state agency responsible for letting public works contracts from drafting bid specifications in a manner that limits the bidding to any one concern or product, except under certain circumstances. This bill would prohibit a state agency from including in bid specifications for public works projects any wood or wood product whose importation and use are prohibited under the federal Lacey Act. 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 no reimbursement is required by this act for a specified reason.