SB 458

Bill Subjects

Local Agency Public Construction Act Public Contracts Reporting And Notifications

Abstract

Existing law, the Local Agency Public Construction Act, sets forth the requirements for competitive bidding on various types of contracts awarded by local agencies. Existing law, the State Contract Act, requires the Department of General Services to make available a report on state contracting activity containing specified information. This bill would require a local public entity subject to the Local Agency Public Construction Act, commencing January 1, 2026, to maintain and regularly update a public online database and accompanying data dictionary with prescribed information on the entity's contracting activity similar to the information required for the State Contract Act report. The bill would require the State Auditor to review the databases established pursuant to the bill, commencing on an unspecified date, and biannually thereafter, and make recommendations to the Legislature on further transparency and reporting improvements. The Local Agency Public Construction Act requires the board of supervisors of a county to advertise for bids for the performance of work by publication in a daily newspaper or in a weekly newspaper of general circulation published in the county, as prescribed. This bill would require publication, at a minimum, as described above and online. The Local Agency Public Construction Act prescribes bidding procedures that govern contracts by counties with a population of 500,000 or less, including procedures for informal bidding. Those informal bidding procedures include a requirement that notice inviting informal bids be published, mailed, or posted, as prescribed. Those informal bidding procedures also authorize additional modes of notice. This bill would require publication, at a minimum, as described above for counties with a population of 500,000 or less and online. The Local Agency Public Construction Act prescribes bidding procedures for contracts awarded by cities, including a requirement that the first publication or posting of the notice inviting bids be published in a newspaper or posted, as prescribed unless there is only one available newspaper, in which case the act authorizes the legislative body to contract without advertising for bids. This bill would delete that exception and would require those cities to also publish the notice online. By requiring additional duties of local public entities, the bill would create a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.