Bill Text: CA SB124 | 2013-2014 | Regular Session | Amended

California Senate Bill 124 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Human remains: Abbot Archimandrite Theodor Micka.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-03-25 - Chaptered by Secretary of State. Chapter 5, Statutes of 2014. [SB124 Detail]

Download: California-2013-SB124-Amended.html
BILL NUMBER: SB 124	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 25, 2014
	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN SENATE  APRIL 29, 2013
	AMENDED IN SENATE  APRIL 10, 2013

INTRODUCED BY   Senator Corbett
    (   Coauthor:   Senator
  Correa   ) 
    (   Coauthor:  
Assembly Member   Roger Hern�ndez  
) 

                        JANUARY 18, 2013

   An act  to amend Sections 4217.11 and 4217.16 of the
Government Code, and to add and repeal Section 10780.6 of, and to add
and repeal Article 7 (commencing with Section 10390) of Chapter 2 of
Part 2 of Division 2 of, the Public Contract Code, relating to
public contracts.   relating to human remains  
. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 124, as amended, Corbett.  Public contracts: bid
preferences: clean energy.   Human remains: Abbot
Archimandrite Theodor Micka.  
   Existing law requires the local registrar of births and deaths, if
the certificate of death is properly executed and completed, to
issue a permit for disposition that specifies where the burial or
interment will take place.  
   This bill, notwithstanding the above requirement or any other law,
would authorize the local registrar of births and deaths in the
County of Alameda to issue a disposition permit for the burial of the
Abbot, Archimandrite Theodor Micka on the grounds of the Holy Cross
Monastery in the County of Alameda and would allow those remains to
be so interred.  
   The bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Alameda. 

   Existing law imposes various requirements with respect to
contracting by state agencies and the Trustees of the California
State University. Existing law requires state agencies and the
Trustees of the California State University to use a competitive
bidding process when contracting for goods and services. However,
existing law allows a public, as defined, agency to award an energy
service contract if the governing body determines it is in the best
interest of the agency and costs will be reduced, as specified.
 
   This bill would authorize a public agency, including, but not
limited to, the Trustees of the California State University, to award
a contract based on the fact that a clean energy device, technology,
or system was manufactured in the state if the contract is an energy
service contract determined to be in the best interest of the public
agency. The bill would, until January 1, 2020, require state
agencies and the Trustees of the California State University that
accept bids or proposals for a contract for the purchase or
installation of a clean energy device, technology, or system, as
defined, to provide a 5% preference to a bidder that certifies that
all of the parts of the clean energy device, technology, or system to
be installed have been manufactured in the state, in accordance with
specified criteria. This bill would also, until January 1, 2020,
require the Department of General Services to establish a
clarification process to ensure that bidders meet the preference
criteria and, with respect to the California State University, to
publish related information on the departments' Internet Web site.

   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Notwithstanding Sections 7054 and 103055 of
the Health and Safety Code, or any other law, the local registrar of
births and deaths in the County of Alameda may issue a disposition
permit for the burial of the Abbot, Archimandrite Theodor Micka on
the grounds of the Holy Cross Monastery in the County of Alameda and
those remains may be so interred.  
  SEC. 2.    The Legislature finds and declares that,
because of the unique circumstances applicable only to the County of
Alameda, a special law is necessary and that a general law cannot be
made applicable within the meaning of Section 16 of Article IV of the
California Constitution.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) At a time of scarce state resources, state purchases can be
used to stimulate our state economy and put people back to work.
   (b) The Green Building Executive Order (B-18-12) mandated that
state agencies evaluate the merits of using clean and renewable
onsite energy generation technologies in all new building or large
renovation projects.
   (c) California has several companies that manufacture clean energy
devices, technology, and systems in the state, employing
Californians and helping our economy.
   (d) California is a national leader in creating a clean economy.
Many clean technology companies call California home. A number of
these companies have developed novel technologies, and it is in the
interest of the state to establish and grow manufacturing operations
within the state, in order to create both construction and permanent
manufacturing jobs in California.
   (e) It is the intent of the Legislature that a preference should
be allowed for clean energy devices, technology, and systems
manufactured in California.  
  SEC. 2.    Section 4217.11 of the Government Code
is amended to read:
   4217.11.  The following terms, whenever used in this chapter, have
the meanings given in this section, except where the context clearly
indicates otherwise:
   (a) "Clean energy device, technology, or system" means devices or
technologies used for a renewable electrical generation facility, as
defined in paragraph (1) of subdivision (a) of Section 25741 of the
Public Resources Code; a combined heat and power system, as defined
in Section 2840.2 of the Public Utilities Code; distributed
generation and energy storage technologies eligible under the
self-generation incentive program pursuant to Section 379.6 of the
Public Utilities Code, as determined by the Public Utilities
Commission; or a facility designed for the production of renewable
fuels the efficient use of which reduces the use of fossil or nuclear
fuels; and energy efficiency devices or technologies that reduce the
need for new electric generation and reduce emissions of toxic and
criteria pollutants and greenhouse gases.
   (b) "Conservation services" means the electrical, thermal, or
other energy savings resulting from conservation measures, which
shall be treated as a supply of that energy.
   (c) "Energy conservation facility" means clean energy devices,
technologies, or systems, or conservation measures located in public
buildings or on land owned by public agencies.
   (d) "Energy service contract" means a contract entered into by a
public agency with any person, pursuant to which the person will
provide electrical or thermal energy or conservation services to a
public agency from an energy conservation facility.
   (e) "Facility financing contract" means a contract entered into by
a public agency with any person whereby the person provides
financing for an energy conservation facility in exchange for
repayment of the financing and all costs and expenses related thereto
by the public agency. A facility financing contract may provide for
the person with whom the public agency contracts to provide any
combination of feasibility studies for, and design and construction
of, all or part of the energy conservation facility in addition to
the financing and other related services, and may provide for an
installment sale purchase, another form of purchase, or amortized
lease of the energy conservation facility by the public agency.
   (f) "Facility ground lease" means a lease of all, or any portion
of, land or a public building owned by, or under lease to, a public
agency to a person in conjunction with an energy service contract or
a facility financing contract. A facility ground lease may include,
in addition to the land on which energy conservation facilities will
be located, easements, rights-of-way, licenses, and rights of access,
for the construction, use, or ownership by the person of the
facility and all related utility lines not owned or controlled by the
interconnecting utility, and offsite improvements related thereto. A
facility ground lease may also include the addition or improvement
of utility lines and equipment owned by the interconnecting utility
that are necessary to permit interconnection between that utility and
an energy conservation facility.
   (g) "Person" means, but is not limited to, any individual,
company, corporation, partnership, limited liability company, public
agency, association, proprietorship, trust, joint venture, or other
entity or group of entities.
   (h) "Public agency" means the state, a county, city and county,
city, district, community college district, school district,
California State University, joint powers authority or other entity
designated or created by a political subdivision relating to energy
development projects, and any other political subdivision or public
corporation in the state.
   (i) "Public building" includes any structure, building, facility,
or work which a public agency is authorized to construct or use, and
automobile parking lots, landscaping, and other facilities, including
furnishings and equipment, incidental to the use of any structure,
building, facility, or work, and also includes the site thereof, and
any easements, rights-of-way appurtenant thereto, or necessary for
its full use.  
  SEC. 3.    Section 4217.16 of the Government Code
is amended to read:
   4217.16.  Prior to awarding or entering into an agreement or
lease, the public agency may request proposals from qualified
persons. After evaluating the proposals, the public agency may award
the contract on the basis of the experience of the contractor, the
type of technology employed by the contractor, the cost to the local
agency, whether the clean energy device or technology is manufactured
in California, and any other relevant considerations. The public
agency may utilize the pool of qualified energy service companies
established pursuant to Section 388 of the Public Utilities Code and
the procedures contained in that section in awarding the contract.
 
  SEC. 4.    Article 7 (commencing with Section
10390) is added to Chapter 2 of Part 2 of Division 2 of the Public
Contract Code, to read:

      Article 7.  Preference for California-Manufactured Clean Energy
Devices, Technology, and Systems


   10390.  For the purposes of this article:
   (a) "Clean energy device, technology, or system" means devices or
technologies used for a renewable electrical generation facility, as
defined in paragraph (1) of subdivision (a) of Section 25741 of the
Public Resources Code; a combined heat and power system, as defined
in Section 2840.2 of the Public Utilities Code; distributed
generation and energy storage technologies eligible under the
self-generation incentive program pursuant to Section 379.6 of the
Public Utilities Code, as determined by the Public Utilities
Commission; a solar water heating system, as defined in subdivision
(g) of Section 2861 of the Public Utilities Code; or a facility
designed for the production of renewable fuels, the efficient use of
which reduces the use of fossil or nuclear fuels; and energy
efficiency devices or technologies that reduce the need for new
electric generation and reduce emissions of toxic and criteria
pollutants and greenhouse gases.
   (b) "Power purchase agreement" means a financial arrangement in
which a third-party developer owns, operates, and maintains a clean
energy device, technology, or system, and a state agency agrees to
site the device, technology, or system on its roof or elsewhere on
its property and purchases the device, technology, or system's
electric output, not the device, technology, or system itself, from
the third-party developer for a predetermined period of time.
   10391.  (a) A state agency that accepts bids or proposals for a
contract for the purchase or installation of a clean energy device,
technology, or system through a power purchase agreement or a direct
purchase shall provide a preference of 5 percent to a bidder that
certifies that all of the parts of the clean energy device,
technology, or system to be installed have been manufactured in this
state. The maximum preference a bidder may be awarded pursuant to
this article is 5 percent, for that portion of a project that is for
the purchase and installation of a clean energy device, technology,
or system. The total bid preference resulting from this article and
any other provision of law shall not exceed 15 percent. The
preference shall be provided as follows:
   (1) For solicitations to be awarded to the lowest responsible
bidder meeting specifications, the preference to a bidder that
certifies that all of the parts of the clean energy device,
technology, or system to be installed have been manufactured in this
state shall be 5 percent of the bid price of the lowest responsible
bidder meeting specifications.
   (2) For solicitations to be awarded to the highest scored bidder
based on evaluation factors in addition to price, the preference to a
bidder that certifies that all of the parts of the clean energy
device, technology, or system to be installed have been manufactured
in this state shall be 5 percent of the total score of the highest
scored bidder.
   (3) A preference awarded pursuant to paragraph (1) or (2) shall
not be awarded to a noncompliant bidder and shall not be used to
satisfy any applicable minimum requirements.
   (4) In order to be eligible for the 5-percent preference
authorized pursuant to this section, a bidder shall submit all
required substantiating documentation and information needed by the
state agency to determine if the bidder is eligible for the
preference, including, but not limited to, documentation regarding
the identity of the manufacturer of the clean energy device,
technology, or system and the location or locations where the parts
of the clean energy device, technology, or system will be
manufactured.
   (5) If, after application of the preferences set forth in this
section, more than one bid qualified as the lowest responsible bid or
the highest scored bid, the state agency shall award the contract to
the bidder that has the highest number of full-time employees who
manufacture the parts of the clean energy device, technology, or
system in the state when the contract is let.
   (b) The Department of General Services shall establish a process
to verify that a bidder meets the criteria for the 5-percent
preference.
   10392.  This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.  
  SEC. 5.    Section 10780.6 is added to the Public
Contract Code, to read:
   10780.6.  (a) For purposes of this section, "clean energy device,
technology, or system" means devices or technologies used for a
renewable electrical generation facility, as defined in paragraph (1)
of subdivision (a) of Section 25741 of the Public Resources Code; a
combined heat and power system, as defined in Section 2840.2 of the
Public Utilities Code; distributed generation and energy storage
technologies eligible under the self-generation incentive program
pursuant to Section 379.6 of the Public Utilities Code, as determined
by the Public Utilities Commission; a solar water heating system, as
defined in subdivision (g) of Section 2861 of the Public Utilities
Code; or a facility designed for the production of renewable fuels,
the efficient use of which reduces the use of fossil or nuclear
fuels; and energy efficiency devices or technologies that reduce the
need for new electric generation and reduce emissions of toxic and
criteria pollutants and greenhouse gases.
   (b) The trustees that accept bids or proposals for a contract for
the purchase or installation of a clean energy device, technology, or
system through a power purchase agreement or a direct purchase shall
provide a preference of 5 percent to a bidder that certifies that
all of the parts of the clean energy device, technology, or system to
be installed have been manufactured in this state. The maximum
preference a bidder may be awarded pursuant to this section is 5
percent, for that portion of a project that is for the purchase and
installation of a clean energy device, technology, or system. The
total bid preference resulting from this section and any other
provision of law shall not exceed 15 percent. The preference shall be
provided as follows:
   (1) For solicitations to be awarded to the lowest responsible
bidder meeting specifications, the preference to a bidder that
certifies that all of the parts of the clean energy device,
technology, or system to be installed have been manufactured in this
state shall be 5 percent of the bid price of the lowest responsible
bidder meeting specifications.
   (2) For solicitations to be awarded to the highest scored bidder
based on evaluation factors in addition to price, the preference to a
bidder that certifies that all of the parts of the clean energy
device, technology, or system to be installed have been manufactured
in this state shall be 5 percent of the total score of the highest
scored bidder.
   (3) A preference awarded pursuant to paragraph (1) or (2) shall
not be awarded to a noncompliant bidder and shall not be used to
satisfy any applicable minimum requirements.
   (4) In order to be eligible for the 5-percent preference
authorized pursuant to this section, a bidder shall submit all
required substantiating documentation and information needed by the
trustees to determine if the bidder is eligible for the preference,
including, but not limited to, documentation regarding the identity
of the manufacturer of the clean energy device, technology, or system
and the location or locations where the parts of the clean energy
device, technology, or system will be manufactured.
   (5) If, after application of the preferences set forth in this
section, more than one bid qualifies as the lowest responsible bid or
the highest scored bid, the trustees shall award the contract to the
bidder that has the highest number of full-time employees who
manufacture the parts of the clean energy device, technology, or
system in the state when the contract is let.
   (c) (1) The Department of General Services shall establish a
process to verify that a bidder meets the criteria for the 5-percent
preference and publish on its Internet Web site a regularly updated
list of all sites that received bid preferences, including the name
of the manufacturer and the type of clean energy device, technology,
or system utilized.
   (2) The Department of General Services shall annually publish data
on its Internet Web site, on the employment growth associated with
the clean energy bid preference for women, minority, and disabled
veterans.
   (d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.