Amended in Senate September 5, 2013

Amended in Senate July 8, 2013

Amended in Senate June 24, 2013

Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 199


Introduced by Assembly Member Holden

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(Coauthor: Assembly Member Alejo)

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January 29, 2013


An act to addbegin insert and repealend insert Chapter 7 (commencing with Section 58595) to Part 1 of Division 21 of the Food and Agricultural Code, and tobegin delete amendend deletebegin insert amend, repeal, and addend insert Sections 4330 and 4331 of the Government Code, 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.

This bill wouldbegin insert, until January 1, 2017,end insert remove supplies grown or partially grown in the state from this requirement, and produce from the definition of supplies. Thebegin delete billend deletebegin insert bill, the Choose California Act,end insert wouldbegin insert until January 1, 2017,end insert require all California state-owned or state-run institutions, except public universities, public schools,begin delete orend deletebegin insert andend insert school districts, to purchase agricultural products grown in Californiabegin insert to the extent possibleend insert from a California companybegin delete to the extent possibleend delete before those that are grown outside of the state, as specified. The bill wouldbegin insert, until January 1, 2017,end insert encourage all public universities, public schools, andbegin delete schoolsend deletebegin insert school districtsend insert in California to purchase agricultural products grown in California to the greatest extent possible.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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P2    1

SECTION 1.  

All public universities, public schools, and school
2districts in California are encouraged to purchase agricultural
3products grown in California to the greatest extent possible.

end delete
4begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

This act shall be known, and may be cited, as the
5Choose California Act.

end insert
6

SEC. 2.  

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

8 

9Chapter  7. Institutional Purchasersbegin insert of Agricultural
10Productsend insert
11

 

12

58595.  

begin insert(a)end insertbegin insertend insert All California state-owned or state-run institutions,
13except public universities, public schools,begin delete orend deletebegin insert andend insert school districts,
14shall purchase agricultural products grown in California to the
15extent possible from a California company before those that are
16grown outside the state as long as both of the following are met:

begin delete

15 17(a)

end delete

18begin insert(1)end insert The bid or price is equal to or less than the bid or price for
19agricultural products produced outside the state.

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20 20(b)

end delete

21begin insert(2)end insert The availability and delivery schedule of the agricultural
22products is acceptable.

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23(b) This section shall only apply to a contract to purchase
24agricultural products for a value that is less than the value of the
25threshold for supplies and services for which California has
P3    1obligated itself under the Agreement on Government Procurement
2of the World Trade Organization.

end insert
begin insert
3

begin insert58596.end insert  

All public universities, public schools, and school
4districts in California are encouraged to purchase agricultural
5products grown in California to the greatest extent possible.

end insert
begin insert
6

begin insert58597.end insert  

This chapter shall remain in effect only until January
71, 2017, and as of that date is repealed, unless a later enacted
8statute, that is enacted before January 1, 2017, deletes or extends
9that date.

end insert
10

begin deleteSEC. 3.end delete
11begin insertSEC. 3.end insert  

Section 4330 of the Government Code is amended to
12read:

13

4330.  

begin insert(a)end insertbegin insertend insert As used in this article, “supplies” includes goods,
14wares, merchandise, and manufactures.

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15(b) This section shall remain in effect only until January 1, 2017,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2017, deletes or extends that date.

end insert
18begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 4330 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
19read:end insert

begin insert
20

begin insert4330.end insert  

(a) As used in this article, “supplies” includes goods,
21wares, merchandise, manufactures, and produce.

22(b) This section shall become operative on January 1, 2017.

end insert
23

begin deleteSEC. 4.end delete
24begin insertSEC. 5.end insert  

Section 4331 of the Government Code is amended to
25read:

26

4331.  

begin insert(a)end insertbegin insertend insert Price,begin delete fitnessend deletebegin insert fitness,end insert and quality being equal, any
27body, officer, or other person charged with the purchasebegin insert ofend insert, or
28permitted or authorized to purchasebegin insert,end insert supplies for the use of the
29state, or of any of its institutions or offices, or for the use of any
30county or citybegin insert, end insert shall always prefer supplies manufactured or
31produced in the state, and shall next prefer supplies partially
32manufactured or produced in the state.

begin insert

33(b) This section shall remain in effect only until January 1, 2017,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2017, deletes or extends that date.

end insert
36begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 4331 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
37read:end insert

begin insert
38

begin insert4331.end insert  

(a) Price, fitness, and quality being equal, any body,
39officer, or other person charged with the purchase of, or permitted
40or authorized to purchase, supplies for the use of the state, or of
P4    1any of its institutions or offices, or for the use of any county or
2city, shall always prefer supplies grown, manufactured, or
3produced in the state, and shall next prefer supplies partially
4manufactured, grown, or produced in the state.

5(b) This section shall become operative on January 1, 2017.

end insert


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