California 2017-2018 Regular Session

California Assembly Bill AB1385 Latest Draft

Bill / Introduced Version Filed 02/17/2017

                            CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1385Introduced by Assembly Member QuirkFebruary 17, 2017 An act to add and repeal Chapter 5.3 (commencing with Section 8340) of Division 1 of Title 2 of the Government Code, relating to state contracts. LEGISLATIVE COUNSEL'S DIGESTAB 1385, as introduced, Quirk. State contracts: California Council on Science and Technology.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, established in accordance with a 1988 legislative resolution. This bill would, until January 1, 2023, authorize specified state entities to each enter into no more than 2 contracts for specified services per calendar year, each for an amount of no more than $500,000, with the council without competition and would exempt the contract from specified state contracting procedures and requirements. The bill would require the council to provide the Legislature annual reports no later than January 1 of each year and a final report to the Legislature on or before December 31, 2021, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe 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 Contracting with the California Council of Science and Technology8340. (a) The Department of Food and Agriculture, the California Environmental Protection Agency, the Natural Resources Agency, the Public Utilities Commission, and the Transportation Agency each may contract for assistance in conducting independent scientific assessments, reports, and studies that translate scientific data and research to inform public policy with the California Council on Science and Technology, a California nonprofit public benefit corporation, no more than two times per calendar year for an amount not to exceed five hundred thousand dollars ($500,000) per contract, without competition.(b) Contracts entered into pursuant to this section shall be exempt from Sections 10339, 10340, and 10344 of the Public Contract Code.(c) Any contract entered into pursuant to this section shall require the California Council on Science and Technology to prepare and submit to the Legislature, no later than January 1 of each year, a summary of major studies being conducted or completed pursuant to that contract by the council in the prior year.(d) If any contracts are entered into pursuant to this section, the California Council on Science and Technology, with input from the Department of General Services, shall submit a final report to the Legislature on or before December 31, 2021. The final report shall include an assessment on the implementation of all contracts entered into pursuant to this section, and shall include recommendations for improvement and whether the contracting process authorized by this section should be extended. The final report shall also include all of the following for each contract entered into pursuant to this section: (1) Information about the initial cost estimate, actual cost upon completion, and the reason for any difference.(2) Estimated time for completion, actual time of completion, and the reason for any difference between those times.(3) A summary of scientific scope and policy issues.(e) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.(f) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1385Introduced by Assembly Member QuirkFebruary 17, 2017 An act to add and repeal Chapter 5.3 (commencing with Section 8340) of Division 1 of Title 2 of the Government Code, relating to state contracts. LEGISLATIVE COUNSEL'S DIGESTAB 1385, as introduced, Quirk. State contracts: California Council on Science and Technology.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, established in accordance with a 1988 legislative resolution. This bill would, until January 1, 2023, authorize specified state entities to each enter into no more than 2 contracts for specified services per calendar year, each for an amount of no more than $500,000, with the council without competition and would exempt the contract from specified state contracting procedures and requirements. The bill would require the council to provide the Legislature annual reports no later than January 1 of each year and a final report to the Legislature on or before December 31, 2021, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1385

Introduced by Assembly Member QuirkFebruary 17, 2017

Introduced by Assembly Member Quirk
February 17, 2017

 An act to add and repeal Chapter 5.3 (commencing with Section 8340) of Division 1 of Title 2 of the Government Code, relating to state contracts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1385, as introduced, Quirk. State contracts: California Council on Science and Technology.

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, established in accordance with a 1988 legislative resolution. This bill would, until January 1, 2023, authorize specified state entities to each enter into no more than 2 contracts for specified services per calendar year, each for an amount of no more than $500,000, with the council without competition and would exempt the contract from specified state contracting procedures and requirements. The bill would require the council to provide the Legislature annual reports no later than January 1 of each year and a final report to the Legislature on or before December 31, 2021, as specified.

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, established in accordance with a 1988 legislative resolution. 

This bill would, until January 1, 2023, authorize specified state entities to each enter into no more than 2 contracts for specified services per calendar year, each for an amount of no more than $500,000, with the council without competition and would exempt the contract from specified state contracting procedures and requirements. The bill would require the council to provide the Legislature annual reports no later than January 1 of each year and a final report to the Legislature on or before December 31, 2021, as specified.

## Digest Key

## Bill Text

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 Contracting with the California Council of Science and Technology8340. (a) The Department of Food and Agriculture, the California Environmental Protection Agency, the Natural Resources Agency, the Public Utilities Commission, and the Transportation Agency each may contract for assistance in conducting independent scientific assessments, reports, and studies that translate scientific data and research to inform public policy with the California Council on Science and Technology, a California nonprofit public benefit corporation, no more than two times per calendar year for an amount not to exceed five hundred thousand dollars ($500,000) per contract, without competition.(b) Contracts entered into pursuant to this section shall be exempt from Sections 10339, 10340, and 10344 of the Public Contract Code.(c) Any contract entered into pursuant to this section shall require the California Council on Science and Technology to prepare and submit to the Legislature, no later than January 1 of each year, a summary of major studies being conducted or completed pursuant to that contract by the council in the prior year.(d) If any contracts are entered into pursuant to this section, the California Council on Science and Technology, with input from the Department of General Services, shall submit a final report to the Legislature on or before December 31, 2021. The final report shall include an assessment on the implementation of all contracts entered into pursuant to this section, and shall include recommendations for improvement and whether the contracting process authorized by this section should be extended. The final report shall also include all of the following for each contract entered into pursuant to this section: (1) Information about the initial cost estimate, actual cost upon completion, and the reason for any difference.(2) Estimated time for completion, actual time of completion, and the reason for any difference between those times.(3) A summary of scientific scope and policy issues.(e) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.(f) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

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

## 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 Contracting with the California Council of Science and Technology8340. (a) The Department of Food and Agriculture, the California Environmental Protection Agency, the Natural Resources Agency, the Public Utilities Commission, and the Transportation Agency each may contract for assistance in conducting independent scientific assessments, reports, and studies that translate scientific data and research to inform public policy with the California Council on Science and Technology, a California nonprofit public benefit corporation, no more than two times per calendar year for an amount not to exceed five hundred thousand dollars ($500,000) per contract, without competition.(b) Contracts entered into pursuant to this section shall be exempt from Sections 10339, 10340, and 10344 of the Public Contract Code.(c) Any contract entered into pursuant to this section shall require the California Council on Science and Technology to prepare and submit to the Legislature, no later than January 1 of each year, a summary of major studies being conducted or completed pursuant to that contract by the council in the prior year.(d) If any contracts are entered into pursuant to this section, the California Council on Science and Technology, with input from the Department of General Services, shall submit a final report to the Legislature on or before December 31, 2021. The final report shall include an assessment on the implementation of all contracts entered into pursuant to this section, and shall include recommendations for improvement and whether the contracting process authorized by this section should be extended. The final report shall also include all of the following for each contract entered into pursuant to this section: (1) Information about the initial cost estimate, actual cost upon completion, and the reason for any difference.(2) Estimated time for completion, actual time of completion, and the reason for any difference between those times.(3) A summary of scientific scope and policy issues.(e) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.(f) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SECTION 1. Chapter 5.3 (commencing with Section 8340) is added to Division 1 of Title 2 of the Government Code, to read:

### SECTION 1.

 CHAPTER 5.3 Contracting with the California Council of Science and Technology8340. (a) The Department of Food and Agriculture, the California Environmental Protection Agency, the Natural Resources Agency, the Public Utilities Commission, and the Transportation Agency each may contract for assistance in conducting independent scientific assessments, reports, and studies that translate scientific data and research to inform public policy with the California Council on Science and Technology, a California nonprofit public benefit corporation, no more than two times per calendar year for an amount not to exceed five hundred thousand dollars ($500,000) per contract, without competition.(b) Contracts entered into pursuant to this section shall be exempt from Sections 10339, 10340, and 10344 of the Public Contract Code.(c) Any contract entered into pursuant to this section shall require the California Council on Science and Technology to prepare and submit to the Legislature, no later than January 1 of each year, a summary of major studies being conducted or completed pursuant to that contract by the council in the prior year.(d) If any contracts are entered into pursuant to this section, the California Council on Science and Technology, with input from the Department of General Services, shall submit a final report to the Legislature on or before December 31, 2021. The final report shall include an assessment on the implementation of all contracts entered into pursuant to this section, and shall include recommendations for improvement and whether the contracting process authorized by this section should be extended. The final report shall also include all of the following for each contract entered into pursuant to this section: (1) Information about the initial cost estimate, actual cost upon completion, and the reason for any difference.(2) Estimated time for completion, actual time of completion, and the reason for any difference between those times.(3) A summary of scientific scope and policy issues.(e) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.(f) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

 CHAPTER 5.3 Contracting with the California Council of Science and Technology8340. (a) The Department of Food and Agriculture, the California Environmental Protection Agency, the Natural Resources Agency, the Public Utilities Commission, and the Transportation Agency each may contract for assistance in conducting independent scientific assessments, reports, and studies that translate scientific data and research to inform public policy with the California Council on Science and Technology, a California nonprofit public benefit corporation, no more than two times per calendar year for an amount not to exceed five hundred thousand dollars ($500,000) per contract, without competition.(b) Contracts entered into pursuant to this section shall be exempt from Sections 10339, 10340, and 10344 of the Public Contract Code.(c) Any contract entered into pursuant to this section shall require the California Council on Science and Technology to prepare and submit to the Legislature, no later than January 1 of each year, a summary of major studies being conducted or completed pursuant to that contract by the council in the prior year.(d) If any contracts are entered into pursuant to this section, the California Council on Science and Technology, with input from the Department of General Services, shall submit a final report to the Legislature on or before December 31, 2021. The final report shall include an assessment on the implementation of all contracts entered into pursuant to this section, and shall include recommendations for improvement and whether the contracting process authorized by this section should be extended. The final report shall also include all of the following for each contract entered into pursuant to this section: (1) Information about the initial cost estimate, actual cost upon completion, and the reason for any difference.(2) Estimated time for completion, actual time of completion, and the reason for any difference between those times.(3) A summary of scientific scope and policy issues.(e) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.(f) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

 CHAPTER 5.3 Contracting with the California Council of Science and Technology

 CHAPTER 5.3 Contracting with the California Council of Science and Technology

8340. (a) The Department of Food and Agriculture, the California Environmental Protection Agency, the Natural Resources Agency, the Public Utilities Commission, and the Transportation Agency each may contract for assistance in conducting independent scientific assessments, reports, and studies that translate scientific data and research to inform public policy with the California Council on Science and Technology, a California nonprofit public benefit corporation, no more than two times per calendar year for an amount not to exceed five hundred thousand dollars ($500,000) per contract, without competition.(b) Contracts entered into pursuant to this section shall be exempt from Sections 10339, 10340, and 10344 of the Public Contract Code.(c) Any contract entered into pursuant to this section shall require the California Council on Science and Technology to prepare and submit to the Legislature, no later than January 1 of each year, a summary of major studies being conducted or completed pursuant to that contract by the council in the prior year.(d) If any contracts are entered into pursuant to this section, the California Council on Science and Technology, with input from the Department of General Services, shall submit a final report to the Legislature on or before December 31, 2021. The final report shall include an assessment on the implementation of all contracts entered into pursuant to this section, and shall include recommendations for improvement and whether the contracting process authorized by this section should be extended. The final report shall also include all of the following for each contract entered into pursuant to this section: (1) Information about the initial cost estimate, actual cost upon completion, and the reason for any difference.(2) Estimated time for completion, actual time of completion, and the reason for any difference between those times.(3) A summary of scientific scope and policy issues.(e) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.(f) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.



8340. (a) The Department of Food and Agriculture, the California Environmental Protection Agency, the Natural Resources Agency, the Public Utilities Commission, and the Transportation Agency each may contract for assistance in conducting independent scientific assessments, reports, and studies that translate scientific data and research to inform public policy with the California Council on Science and Technology, a California nonprofit public benefit corporation, no more than two times per calendar year for an amount not to exceed five hundred thousand dollars ($500,000) per contract, without competition.

(b) Contracts entered into pursuant to this section shall be exempt from Sections 10339, 10340, and 10344 of the Public Contract Code.

(c) Any contract entered into pursuant to this section shall require the California Council on Science and Technology to prepare and submit to the Legislature, no later than January 1 of each year, a summary of major studies being conducted or completed pursuant to that contract by the council in the prior year.

(d) If any contracts are entered into pursuant to this section, the California Council on Science and Technology, with input from the Department of General Services, shall submit a final report to the Legislature on or before December 31, 2021. The final report shall include an assessment on the implementation of all contracts entered into pursuant to this section, and shall include recommendations for improvement and whether the contracting process authorized by this section should be extended. The final report shall also include all of the following for each contract entered into pursuant to this section: 

(1) Information about the initial cost estimate, actual cost upon completion, and the reason for any difference.

(2) Estimated time for completion, actual time of completion, and the reason for any difference between those times.

(3) A summary of scientific scope and policy issues.

(e) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.

(f) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.