BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 199
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 199 (Holden)
        As Amended  September 5, 2013
        Majority vote
         
         ----------------------------------------------------------------- 
        |ASSEMBLY:  |77-0 |(May 29, 2013)  |SENATE: |39-0 |(September 9,  |
        |           |     |                |        |     |2013)          |
         ----------------------------------------------------------------- 
          
         Original Committee Reference:    A. & A.R.  

         SUMMARY  :  Requires specified government agencies, and encourages  
        public education entities to purchase agriculture products produced  
        in California if certain criteria are met.

         The Senate amendments  :

        1)Define which groups must meet purchasing requirements.

        2)Encourage other groups to buy California agricultural products.

        3)Limit the amount towards purchases based on an agreement with the  
          World Trade Organization.

        4)Set a sunset date of January 1, 2017. 

        5)Make other technical and non-substantive changes.

         EXISTING LAW  : Provides a purchasing preference to California  
        products over out-of-state products if other factors like price and  
        quality are the same. Government Code Section 4331 states that  
        "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 grown, manufactured, or produced in the  
        State, and shall next prefer supplies partially manufactured, grown,  
        or produced in the State."

         FISCAL EFFECT :  Unknown.  The current version of this bill has not  
        yet been analyzed by a fiscal committee. 

         COMMENTS  :  Senate amendments require state-owned and state-run  
        institutions, except public universities, public schools, and school  








                                                                AB 199
                                                                Page  2

        districts, to purchase agricultural products grown in California  
        when 1) the bid price is equal to or less than the price of  
        agricultural products produced outside of the state, and 2) the  
        availability and delivery schedule of the agricultural products is  
        acceptable.  Amendments also encourage all public universities,  
        public schools, and school districts to purchase agricultural  
        products grown in California to the greatest extent possible.

        Amendments specify that the section requiring state-owned and  
        state-run institutions shall only apply to a contract to purchase  
        agricultural products for a value that is less than the value of the  
        threshold for supplies and services for which California has  
        obligated itself under the Agreement on Government Procurement of  
        the World Trade Organization (WTO).  The threshold per contract  
        under the WTO agreement is currently $552,000, but it adjusts over  
        time based on international exchange rates.

        Additionally, the amendments set a sunset date for the bill.  Unless  
        a later statute is enacted, the bill will be repealed January 1,  
        2017.
         

        Analysis Prepared by  :    Scott Herbstman / A. & A.R. / (916)  
        319-3600
                                                                 FN: 0002693