Government Code § 11549.53

11549.53.

(a) The office has the powers and authorities necessary to implement this chapter, including, but not limited to, the authority to enter into contracts with one or more entities to acquire goods and services and to take actions it deems necessary and appropriate for the development, acquisition, construction, maintenance, and operation of a statewide open-access middle-mile broadband network, including the creation of rural exchange points.

(b) (1) The office shall retain a third-party administrator to manage the development, acquisition, construction, maintenance, and operation of a statewide open-access middle-mile broadband network, including the creation of rural exchange points.

(2) The third-party administrator retained by the office shall be a California based nonprofit entity with demonstrated experience serving public libraries, elementary and secondary schools, and institutions of higher education with broadband connectivity.

(c) Contracts entered into by the office are exempt from Section 10295 of, and Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of, the Public Contract Code.

(d) (1) The department or the office shall not enter into, amend, or assign a contract related to the statewide open-access middle-mile broadband network if the contract is for an amount exceeding a total cost of eight million dollars ($8,000,000) unless the contract is approved in advance by the Director of Finance.

(2) The Director of Finance shall not approve a contract described in paragraph (1) until at least 30 days after informing the Joint Legislative Budget Committee of the director’s intent to approve the contract unless the 30-day notification period is waived by the Chairperson of the Joint Legislative Budget Committee or the chairperson’s designee. The approval of the Director of Finance shall take effect immediately following either the completion of the 30-day notification period or the waiver of that period.

(3) This subdivision shall not apply in the case of an emergency, as defined in Section 1102 of the Public Contract Code.