California 2023-2024 Regular Session

California Senate Bill SB1073 Latest Draft

Bill / Amended Version Filed 04/29/2024

                            Amended IN  Senate  April 29, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1073Introduced by Senator SkinnerFebruary 12, 2024 An act to add Section 10295.5.1 to the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTSB 1073, as amended, Skinner. State acquisition of goods and services: low-carbon cement or concrete products.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 requires the State Air Resources Board (board) to develop a comprehensive strategy for the states cement sector to achieve net-zero emissions of greenhouse gases associated with cement used within the state, as specified. Existing law also requires the board to develop a framework for measuring the average carbon intensity of the materials used in the construction of new buildings and a comprehensive strategy for the states building sector to achieve a 40% net reduction in greenhouse gas emissions of building materials, as specified. Existing law, the California Climate Crisis Act, sets forth the policy of the state, including, among other things, to achieve net zero greenhouse gas emissions, as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. This bill would authorize a state agency to enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either of the policy and comprehensive strategy policy, comprehensive strategy, or framework relating to net-zero greenhouse gas emissions, as described above. The bill would make a related statement of legislative findings and declarations.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. The Legislature finds and declares all of the following:(a) Achieving Californias greenhouse gas emission reduction goals, including carbon-neutrality and net-zero greenhouse gas emissions in the cement sector by 2045, requires new lower carbon cement and concrete solutions. (b) By demonstrating market demand, forward contracts can accelerate the development and deployment of new lower carbon cement and concrete solutions. (c) The authority of state agencies to enter into forward contracts requires further clarification.SEC. 2. Section 10295.5.1 is added to the Public Contract Code, to read:10295.5.1. A state agency may enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either any of the following:(a) The comprehensive strategy for the states cement sector as described in Section 38561.2 of the Health and Safety Code.(b) The policy of the California Climate Crisis Act, as described in Section 38562.2 of the Health and Safety Code.(c) The framework and comprehensive strategy for reducing the average carbon intensity of building materials, as described in Section 38561.3 of the Health and Safety Code.

 Amended IN  Senate  April 29, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1073Introduced by Senator SkinnerFebruary 12, 2024 An act to add Section 10295.5.1 to the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTSB 1073, as amended, Skinner. State acquisition of goods and services: low-carbon cement or concrete products.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 requires the State Air Resources Board (board) to develop a comprehensive strategy for the states cement sector to achieve net-zero emissions of greenhouse gases associated with cement used within the state, as specified. Existing law also requires the board to develop a framework for measuring the average carbon intensity of the materials used in the construction of new buildings and a comprehensive strategy for the states building sector to achieve a 40% net reduction in greenhouse gas emissions of building materials, as specified. Existing law, the California Climate Crisis Act, sets forth the policy of the state, including, among other things, to achieve net zero greenhouse gas emissions, as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. This bill would authorize a state agency to enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either of the policy and comprehensive strategy policy, comprehensive strategy, or framework relating to net-zero greenhouse gas emissions, as described above. The bill would make a related statement of legislative findings and declarations.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  April 29, 2024

Amended IN  Senate  April 29, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 1073

Introduced by Senator SkinnerFebruary 12, 2024

Introduced by Senator Skinner
February 12, 2024

 An act to add Section 10295.5.1 to the Public Contract Code, relating to public contracts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1073, as amended, Skinner. State acquisition of goods and services: low-carbon cement or concrete products.

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 requires the State Air Resources Board (board) to develop a comprehensive strategy for the states cement sector to achieve net-zero emissions of greenhouse gases associated with cement used within the state, as specified. Existing law also requires the board to develop a framework for measuring the average carbon intensity of the materials used in the construction of new buildings and a comprehensive strategy for the states building sector to achieve a 40% net reduction in greenhouse gas emissions of building materials, as specified. Existing law, the California Climate Crisis Act, sets forth the policy of the state, including, among other things, to achieve net zero greenhouse gas emissions, as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. This bill would authorize a state agency to enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either of the policy and comprehensive strategy policy, comprehensive strategy, or framework relating to net-zero greenhouse gas emissions, as described above. The bill would make a related statement of legislative findings and declarations.

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 requires the State Air Resources Board (board) to develop a comprehensive strategy for the states cement sector to achieve net-zero emissions of greenhouse gases associated with cement used within the state, as specified. Existing law also requires the board to develop a framework for measuring the average carbon intensity of the materials used in the construction of new buildings and a comprehensive strategy for the states building sector to achieve a 40% net reduction in greenhouse gas emissions of building materials, as specified. Existing law, the California Climate Crisis Act, sets forth the policy of the state, including, among other things, to achieve net zero greenhouse gas emissions, as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. 

This bill would authorize a state agency to enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either of the policy and comprehensive strategy policy, comprehensive strategy, or framework relating to net-zero greenhouse gas emissions, as described above. The bill would make a related statement of legislative findings and declarations.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Achieving Californias greenhouse gas emission reduction goals, including carbon-neutrality and net-zero greenhouse gas emissions in the cement sector by 2045, requires new lower carbon cement and concrete solutions. (b) By demonstrating market demand, forward contracts can accelerate the development and deployment of new lower carbon cement and concrete solutions. (c) The authority of state agencies to enter into forward contracts requires further clarification.SEC. 2. Section 10295.5.1 is added to the Public Contract Code, to read:10295.5.1. A state agency may enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either any of the following:(a) The comprehensive strategy for the states cement sector as described in Section 38561.2 of the Health and Safety Code.(b) The policy of the California Climate Crisis Act, as described in Section 38562.2 of the Health and Safety Code.(c) The framework and comprehensive strategy for reducing the average carbon intensity of building materials, as described in Section 38561.3 of the Health and Safety Code.

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

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

SECTION 1. The Legislature finds and declares all of the following:(a) Achieving Californias greenhouse gas emission reduction goals, including carbon-neutrality and net-zero greenhouse gas emissions in the cement sector by 2045, requires new lower carbon cement and concrete solutions. (b) By demonstrating market demand, forward contracts can accelerate the development and deployment of new lower carbon cement and concrete solutions. (c) The authority of state agencies to enter into forward contracts requires further clarification.

SECTION 1. The Legislature finds and declares all of the following:(a) Achieving Californias greenhouse gas emission reduction goals, including carbon-neutrality and net-zero greenhouse gas emissions in the cement sector by 2045, requires new lower carbon cement and concrete solutions. (b) By demonstrating market demand, forward contracts can accelerate the development and deployment of new lower carbon cement and concrete solutions. (c) The authority of state agencies to enter into forward contracts requires further clarification.

SECTION 1. The Legislature finds and declares all of the following:

### SECTION 1.

(a) Achieving Californias greenhouse gas emission reduction goals, including carbon-neutrality and net-zero greenhouse gas emissions in the cement sector by 2045, requires new lower carbon cement and concrete solutions. 

(b) By demonstrating market demand, forward contracts can accelerate the development and deployment of new lower carbon cement and concrete solutions. 

(c) The authority of state agencies to enter into forward contracts requires further clarification.

SEC. 2. Section 10295.5.1 is added to the Public Contract Code, to read:10295.5.1. A state agency may enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either any of the following:(a) The comprehensive strategy for the states cement sector as described in Section 38561.2 of the Health and Safety Code.(b) The policy of the California Climate Crisis Act, as described in Section 38562.2 of the Health and Safety Code.(c) The framework and comprehensive strategy for reducing the average carbon intensity of building materials, as described in Section 38561.3 of the Health and Safety Code.

SEC. 2. Section 10295.5.1 is added to the Public Contract Code, to read:

### SEC. 2.

10295.5.1. A state agency may enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either any of the following:(a) The comprehensive strategy for the states cement sector as described in Section 38561.2 of the Health and Safety Code.(b) The policy of the California Climate Crisis Act, as described in Section 38562.2 of the Health and Safety Code.(c) The framework and comprehensive strategy for reducing the average carbon intensity of building materials, as described in Section 38561.3 of the Health and Safety Code.

10295.5.1. A state agency may enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either any of the following:(a) The comprehensive strategy for the states cement sector as described in Section 38561.2 of the Health and Safety Code.(b) The policy of the California Climate Crisis Act, as described in Section 38562.2 of the Health and Safety Code.(c) The framework and comprehensive strategy for reducing the average carbon intensity of building materials, as described in Section 38561.3 of the Health and Safety Code.

10295.5.1. A state agency may enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either any of the following:(a) The comprehensive strategy for the states cement sector as described in Section 38561.2 of the Health and Safety Code.(b) The policy of the California Climate Crisis Act, as described in Section 38562.2 of the Health and Safety Code.(c) The framework and comprehensive strategy for reducing the average carbon intensity of building materials, as described in Section 38561.3 of the Health and Safety Code.



10295.5.1. A state agency may enter into forward contracts to purchase low-carbon cement or concrete products up to 10 years in advance to facilitate the commercialization of concrete, cement, and supplementary cementitious materials and in furtherance of either any of the following:

(a) The comprehensive strategy for the states cement sector as described in Section 38561.2 of the Health and Safety Code.

(b) The policy of the California Climate Crisis Act, as described in Section 38562.2 of the Health and Safety Code.

(c) The framework and comprehensive strategy for reducing the average carbon intensity of building materials, as described in Section 38561.3 of the Health and Safety Code.