BILL ANALYSIS Ó AB 492 Page 1 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 AB 492 Page 2 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 FN: 0000518 AB 492 Page 3