Ash Kalra
- Democratic
- Assemblymember
- District 25
Author
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, 2024, contracting with a state agency for the procurement of products 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, 2022. 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 No Deforestation, No Peat, No Exploitation policy, as specified, and would require the contractors to make the policy and corresponding data publicly available. The bill would require, on or before July 1, 2023, the Department of General Services to issue an informational notice or memorandum on a Deforestation-Free Code of Conduct to be used by contractors that includes, among other things, a list of forest-risk commodities subject to these provisions. This bill would impose sanctions on contractors 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 specify that any person who certifies as true any material matter that the person knows to be false is 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 products 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.
Consideration of Governor's veto stricken from file.
Consideration of Governor's veto pending.
Vetoed by Governor.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 21. Page 3030.).
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 2498.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (August 26).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 4.) (July 6).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 19. Page 1842.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
Joint Rule 62(a), file notice suspended. (Page 1460.)
From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 20).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (April 28). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on A. & A.R. Read second time and amended.
From printer. May be heard in committee March 7.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB416 | HTML |
| 02/04/21 - Introduced | |
| 04/20/21 - Amended Assembly | |
| 05/24/21 - Amended Assembly | |
| 07/07/21 - Amended Senate | |
| 09/03/21 - Amended Senate | |
| 09/13/21 - Enrolled |
| Document | Format |
|---|---|
| 04/27/21- Assembly Accountability and Administrative Review | |
| 05/17/21- Assembly Appropriations | |
| 05/25/21- ASSEMBLY FLOOR ANALYSIS | |
| 07/02/21- Senate Governmental Organization | |
| 08/13/21- Senate Appropriations | |
| 08/28/21- Sen. Floor Analyses | |
| 09/07/21- Sen. Floor Analyses | |
| 09/08/21- ASSEMBLY FLOOR ANALYSIS | |
| 10/13/21- ASSEMBLY FLOOR ANALYSIS |
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