BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 492
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          ASSEMBLY THIRD READING
          AB 492 (Galgiani)
          As Introduced  February 15, 2011
          Majority vote 

           TRANSPORTATION      12-0        APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal,         |Ayes:|Fuentes, Blumenfield,     |
          |     |Jeffries, Achadjian,      |     |Bradford, Charles         |
          |     |Bonilla, Buchanan,        |     |Calderon, Campos, Davis,  |
          |     |Mitchell, Galgiani,       |     |Gatto, Hall, Hill, Lara,  |
          |     |Logue, Miller, Norby,     |     |Mitchell, Solorio         |
          |     |Portantino, Solorio       |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes the California High-Speed Rail Authority 
          (Authority) to consider, to the extent permitted by federal law 
          and all other applicable provisions of state law, the creation 
          of jobs in California when awarding major contracts or 
          purchasing high-speed trains and related equipment and supplies. 
           

           EXISTING LAW  :  

          1)Establishes the Authority and charges it with responsibility 
            to plan, design, construct, operate, and maintain a 
            state-of-the-art high-speed rail system for California.  

          2)Requires contracts for the purchase of supplies for state or 
            local government use to include provisions granting 
            preferences for supplies grown, manufactured, or produced in 
            California.  Authorizes the use of the preference when 
            in-state products and supplies do not exceed more than 5% of 
            the price of the lowest bid for goods and supplies 
            manufactured out-of-state.  

          3)Establishes procedures for competitive bidding of certain 
            contracts by public entities and requires them to give 
            California companies preference on construction contracts 








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            compared to non-resident contractors.  The preference is equal 
            to any preference that the non-resident contractor receives on 
            public works contracts in its state of residency.  

          4)Requires state and local governmental entities, for the 
            construction or repair of public works or for the purchasing 
            of materials and supplies for public use, to utilize, with 
            certain exceptions, materials produced in the United States.  

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, potential minor administrative costs to the extent 
          the Authority conducts enhanced outreach to California 
          contractors and suppliers prior to awarding contracts; however, 
          this bill neither requires nor allows the Authority to award 
          contracts to other than the lowest bidder, or in the case of 
          negotiated contracts, the most qualified firm.  

           COMMENTS  :  According to the author, this bill "seeks to maximize 
          the number of California-based jobs that will be created by 
          contracts for the construction of the Ýhigh-speed rail] project 
          and the purchase of materials related to it as a means to 
          improve and strengthen the California economy and job base?AB 
          492 does not require the Authority to impose a California 
          preference but simply authorizes the Authority to consider, to 
          the extent allowed by federal and state laws, the creation of 
          California jobs when it awards a contract for the high-speed 
          rail project."  

          This bill is a reintroduction of AB 733 (Galgiani) of 2009.  
          Governor Schwarzenegger vetoed AB 733, indicating that the bill 
          "could result in unnecessary additional costs and delays and may 
          jeopardize the success of the project in securing the billions 
          of dollars that are needed to construct this project."  

           
          Analysis Prepared by :    Janet Dawson / TRANS. / (916) 319-2093  



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