Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 199

Introduced by Assembly Member Holden

January 29, 2013

An act to add Chapter 7 (commencing with Section 58595) to begin insert Part 1 of end insert Division 21 of the Food and Agricultural Code, begin delete and to amend Sections 4330 and 4331 of the Government Code, end delete relating to institutional purchasers of agricultural products.

LEGISLATIVE COUNSEL’S DIGEST

AB 199, as amended, Holden. Institutional purchasers: sale of California produce.

Under existing law, price, fitness, and quality being equal, any body, officer, or other person charged with the purchase, or permitted or authorized to purchase supplies for the use of the state, or of any of its institutions or offices, or for the use of any county or city, is required to always prefer supplies, defined to include produce, that are grown, manufactured, or produced in the state, and is required to next prefer supplies partially manufactured, grown, or produced in the state.

begin delete

This bill would remove supplies grown or partially grown in the state from this requirement and produce from the definition of supplies. This bill, the Choose California Act, would instead require agricultural products grown, or packed or processed, in California to be purchased by all California state-owned or state-run institutions, except schools or school districts, before out-of-state agricultural products, as specified. This bill would require California public schools and school districts to purchase agricultural products grown in California before those that are grown out-of-state as long as the price does not exceed the lowest bid or price for an out-of-state product.

end delete begin insert

This bill would encourage all California state-owned or state-run institutions and all public universities, public schools, and school districts in California to purchase agricultural products grown in California to the extent possible.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

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

begin delete

SECTION 1.  

This act shall be known, and may be cited, as the
Choose California Act.

end delete

begin delete

SEC. 2.  

Chapter 7 (commencing with Section 58595) is added
to Division 21 of the Food and Agricultural Code, to read:

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 7 (commencing with Section 58595) is
added to Part 1 of Division 21 of the end insert begin insert Food and Agricultural Code end insert begin insert ,
to read: end insert

 

Chapter  7. Institutional Purchasers

 

58595.  

All California state-owned or state-run institutions begin delete ,
except schools or end delete begin insert and all public universities, public schools, and end insert
school districts begin delete , shall end delete begin insert in California are encouraged to end insert purchase
agricultural products grown in California begin delete before those that are
grown outside the state if the following criteria are met: end delete begin insert to the
extent possible. end insert

begin delete

(a) The bids for providing the California grown products or the
prices quoted for them do not exceed by more than 5 percent the
lowest bids or prices quoted for products produced outside the
state.

(b) If there are no California-grown agricultural products that
meet the criteria in subdivision (a), then the bid shall go to a
California company that packs or processes its products in the
state, as long as the price quoted by the California company does
not exceed by more than 5 percent the lowest bid or price quoted
for out-of-state products.

end delete

begin delete

58596.  

All California public schools and school districts shall
purchase agricultural products grown in California before those
that are grown outside the state as long as the price quoted by the
California company does not exceed the lowest bid or price quoted
for an out-of-state product.

end delete

begin delete

SEC. 3.  

Section 4330 of the Government Code is amended to
read:

4330.  

As used in this article, “supplies” includes goods, wares,
merchandise, and manufactures.

SEC. 4.  

Section 4331 of the Government Code is amended to
read:

4331.  

Price, fitness, and quality being equal, any body, officer,
or other person charged with the purchase, or permitted or
authorized to purchase supplies for the use of the state, or of any
of its institutions or offices, or for the use of any county or city,
shall always prefer supplies manufactured or produced in the state,
and shall next prefer supplies partially manufactured or produced
in the state.

end delete