BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 635
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          AB 635 (Committee on Accountability and Administrative Review)
          As Amended  August 20, 2010
          2/3 vote.  Urgency
          |ASSEMBLY:  |     |(May 14, 2009)  |SENATE: |33-1 |(August 27,    |
          |           |     |                |        |     |2010)          |
                    (vote not relevant)
           Original Committee Reference:    G.O.  

           SUMMARY  :  Requires an architect, engineer, or roofing consultant  
          to disclose financial relationships with persons in connection  
          with a public school or community college roofing project  
          contract, and redefines equal substitutes allowed for specific  
          roofing materials.

           The Senate amendments  delete the Assembly version of this bill,  
          and instead: 

          1)Require an architect, engineer, or roofing consultant to  
            disclose financial relationships with persons in connection  
            with a public school or community college roofing project  
            contract and to complete and sign a certification, as  
            specified, stating that he or she has not received or will not  
            receive or give financial incentives, to or from a person in  
            connection with the roofing project contract, when a bid is  

          2)Impose a civil penalty of $1,000 against an architect,  
            engineer, or roofing consultant who falsifies a certification  
            or fails to disclose a financial relationship in a  

          3)Define a roofing material as equal if all the following  
            conditions are met: 

             a)   The item is at least equal in quality, durability,  
               design, and appearance but not necessarily of an identical  

             b)   The item will perform the intended function at least  
               equally well; and, 


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             c)   The item conforms substantially, even with deviations,  
               to the detailed requirements contained in the  

          4)Require that the specifications for any roof project be  
            designed to promote competition.

          5)Exempt school districts and community colleges from the  
            provisions of this bill when emergency works of improvement  
            are necessary. 

          6)Allow an individual to report bid rigging by involving local  
            entities to the Attorney General or the Bureau of State Audits  
            Whistleblower Hotline.

          7)Define the following terms for the purposes of this bill:  

             a)   "Architect" means an architect who has a current license  
               issued by the state; 

             b)   "District" means a school district with an average daily  
               attendance greater than 2,500 or a community college  

             c)   "Engineer" means an engineer who has a current license  
               issued by the state; 

             d)   "Public facility" means a public school or community  

             e)   "Roofing consultant" means a consultant who is  
               registered by RCI (formerly Roof Consultants Institute); 

             f)   "Roof project" means a project for the replacement or  
               repair of a roof of a public facility, except that "roof  
               project" does not include a project for the repair of 25%  
               or less of the roof or a repair project that has a total  
               cost of $21,000 or less; and, 

             g)   "Substitute" or "substitution" means a material,  
               product, thing, or service proposed by a bidder to be an  
               adequate substitute material, product, thing, or service  
               that is equal to an item designated in specifications. 


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          8)Add an urgency clause. 

           EXISTING LAW  : 

          1)Prohibits a state agency, political subdivision, municipal  
            corporation, district, or public officer responsible for  
            letting a public works contract from drafting bid  
            specifications that limits the bidding to any one concern or  
            product, unless the specification is followed by the words "or  

          2)Requires that these bid specifications provide a period of  
            time prior to or after, or prior to and after, the award of  
            the contract to allow the contractor to submit data that  
            demonstrates that a product or services to be provided under  
            the contract is equal to the services or product identified in  
            the bid specification.

           AS PASSED BY THE ASSEMBLY  , this bill required that a state or  
          local agency, including a city, county, city and county, or  
          district, shall not prohibit a firefighter from using an air  
          purifying device during a wildland fire.

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal.

           COMMENTS  :  This bill was substantially amended in the Senate and  
          the Assembly-approved provisions of this bill were deleted.   
          This bill, as amended in the Senate is inconsistent with  
          Assembly Actions. 

          This bill originated from a June 30, 2010 hearing held by the  
          Assembly Accountability and Administrative Review Committee.   
          The Committee found that there was limited competition in public  
          projects to replace roofs because of alleged big rigging taking  
          place that favored certain roofing material vendors, resulting  
          in increased contract costs. 

          Current law prohibits an entity letting a bid from requiring  
          public works bid specifications that require specific brand  
          materials or that limits bidding to one material, product, or  
          service, unless an "or equal" clause is applied, allowing  
          bidders to provide equal materials, products, or services as a  
          substitute.  The bid specifications must also provide a time  
          period prior to, after, or prior to and after, the award of a  
          contract, for a contractor to submit data substantiating that  


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          items are equal when requesting permission to use substitutes.   
          If no time period is specified, data may be submitted any time  
          within 35 days after the award of a contract. 

          Existing law allows contractors who are not awarded a contract  
          to file a bid protest. 

           Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916)  

                                                              FN:  0006825