Bill Text: CA AB2452 | 2015-2016 | Regular Session | Amended

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Bill Title: California Council on Science and Technology: contracting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2452 Detail]

Download: California-2015-AB2452-Amended.html

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BILL NUMBER: AB 2452	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2016

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 19, 2016

   An act to add  Section 21168.15 to the Public Resources
Code,    Chapter 5.3 (commencing with Section 8340) to
Division 1 of Title 2 of the Government Code,   relating to
 environmental quality.   the California Council
on Science and Technology. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2452, as amended, Quirk.  California Environmental
Quality Act: judicial remedies: emissions of greenhouse gases.
  California Council on Science and Technology:
contracting.  
   Existing law generally requires contracts by the state for the
acquisition of goods and services be awarded pursuant to various
procedures and requirements. Existing law exempts specified projects
and types of contracts from those procedures and requirements. The
California Council on Science and Technology is a nonpartisan,
impartial, not-for-profit corporation, created in 1988 by legislative
resolution.  
   This bill would authorize state entities, as defined, to enter
into contracts with the council for the council's assistance in
translating scientific studies to inform public policy. The bill
would require that a contract between the entity and the council be
entered into on a noncompetitive bid basis and would exempt the
contract from state contracting procedures and requirements. 

   The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report on a project that
it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA also requires
a lead agency to prepare a mitigated negative declaration for a
project that may have a significant effect on the environment if
revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would
have a significant effect on the environment. CEQA authorizes a
court, in an action or proceeding brought challenging the decision of
a public agency on the ground of noncompliance with CEQA, to enter
an order to suspend any specific project activity if the court finds
that the activity will prejudice the consideration and implementation
of particular mitigation measures or alternatives to the project.
 
   This bill would, in an action or proceeding under CEQA, prohibit a
court from staying or enjoining transportation infrastructure
projects, as defined, based solely on the project's potential
contribution to the emissions of greenhouse gases. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 5.3 (commencing with Section
8340) is added to Division 1 of Title 2 of the   Government
Code   , to read:  
      CHAPTER 5.3.  CALIFORNIA COUNCIL ON SCIENCE AND TECHNOLOGY
CONTRACTING


   8340.  (a) A state entity may enter into a contract with the
California Council on Science and Technology for the council's
assistance in translating scientific studies to inform public policy.
A contract under this section shall be entered into on a
noncompetitive bid basis and shall be exempt from Chapter 2
(commencing with Section 10290) of Part 2 of Division 2 of the Public
Contract Code.
   (b) "State entity" means the Governor, the Legislature, or any
state agency or department.  
  SECTION 1.    Section 21168.15 is added to the
Public Resources Code, to read:
   21168.15.  (a) For purposes of this section, "transportation
infrastructure project" means a project consisting of a new
construction of transportation infrastructure, or the relocation,
replacement, or removal of existing transportation infrastructure,
that is included in a sustainable communities strategy or an
alternative planning strategy approved by a metropolitan planning
organization pursuant to Section 65080 of the Government Code for
which a program environmental impact report has been certified.
   (b) In an action or proceeding brought pursuant to this division,
a court shall not stay or enjoin the construction or operation of a
transportation infrastructure project based solely on the project's
potential contribution to the emissions of greenhouse gases.