AMENDED IN ASSEMBLY AUGUST 15, 2022

AMENDED IN SENATE MAY 19, 2022

AMENDED IN SENATE APRIL 27, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

94

CHAPTER 543

Statutes of 2022

[ Approved by Governor September 25, 2022. Filed with Secretary of State September 25, 2022. ]

Introduced by Senator Wilk

February 18, 2022

An act to add Section 10295.8 to the Public Contract Code, relating to public contracts.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes state agencies to enter into contracts for the acquisition of goods or services upon approval by the Department of General Services. Existing law sets forth various requirements and prohibitions for those contracts. Existing law makes a willful violation of those provisions punishable as a misdemeanor.

This bill would require a state agency, for a contract awarded without competitive bidding for the acquisition of goods or services in the amount of $75,000,000 or more, entered into on or after January 1, 2023, on or before the contract end date, to submit information regarding the terms and conditions of a proposed extension or renewal of the contract to the Joint Legislative Budget Committee. By imposing a new requirement, the willful violation of which would be a crime, the bill would impose 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 no reimbursement is required by this act for a specified reason.

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

SECTION 1.

Section 10295.8 is added to the Public Contract Code, to read:

10295.8.

For a contract awarded without competitive bidding for the acquisition of goods or services in the amount of seventy-five million dollars ($75,000,000) or more, entered into on or after January 1, 2023, the state agency, on or before the contract end date, shall submit to the Joint Legislative Budget Committee information regarding the terms and conditions of a proposed extension or renewal of the contract.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.