BILL NUMBER: AB 2022 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY APRIL 9, 2014
INTRODUCED BY Assembly Member Medina
FEBRUARY 20, 2014
An act to amend Sections 4532 and 4534 of, and to repeal Section
4534.1 of, the Government Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2022, as amended, Medina. Public contracts: Target Area
Contract Preference Act.
The Target Area Contract Preference Act establishes a preference
for contracts for goods or services that are in excess of $100,000
for contractors that certify that a specified percentage of the hours
worked on a contract will be performed on a worksite in a distressed
area, as defined.
This bill would redefine a distressed area to be a census tract
that is determined by the Department of Finance under a specified
statute to be in the top quartile of census tracts for having
the highest unemployment and poverty.
Existing law establishes a preference for contractors who certify
that they will use a specified amount of persons with a high risk of
unemployment, as defined, on a contract.
This bill would redefine persons with a high risk of unemployment
to include, but not be limited to, a person that has been unemployed
for a specified period of time, a veteran who served in active duty
since September 11, 2001, a person who has been convicted of a
felony, or a person who receives benefits of the Supplemental
Nutrition Assistance Program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4532 of the Government Code is amended to read:
4532. As used in this chapter:
(a) "California-based company" means either of the following:
(1) A business or corporation whose principal office is located in
California, and the owners, or officers if the entity is a
corporation, are domiciled in California.
(2) A business or corporation that has a major office or
manufacturing facility located in California and that has been
licensed by the state on a continuous basis to conduct business
within the state and has continuously employed California residents
for work within the state during the three years prior to submitting
a bid or proposal for a state contract.
(b) "Distressed" "Distressed area"
means a census tract determined by the Department of Finance,
pursuant to Section 13073.5, to be in the top quartile of census
tracts for having the highest unemployment and poverty in the state.
(c) "Person with a high risk of unemployment" includes, but is not
limited to, the following:
(1) A person who is currently unemployed and has been unemployed
for more than 200 days.
(2) Veterans who served on active duty since September 11, 2001.
(3) A person who has been convicted of a felony under any statute
of the United States or of any state.
(4) A person who receives benefits of the Supplemental Nutrition
Assistance Program.
(c) "Person with a high risk of unemployment" means a person who:
(1) As a member of one of the eligible groups defined in Section
321 of Public Law 95-600, qualifies an employer who hires him or her
for the Targeted Jobs Tax Credit. These groups are: economically
disadvantaged youth, economically disadvantaged Vietnam-era veterans,
economically disadvantaged ex-convicts, vocational rehabilitation
referrals, youth participating in a qualified cooperative education
program, recipients of supplemental security income benefits under
Title XVI of the Social Security Act, and general assistance
recipients.
(2) Would have qualified an employer hiring him or her for the
Work Incentive/Welfare Tax Credit authorized by Section 322 of Public
Law 95-600. These persons include applicants and recipients of aid
to families with dependent children who would have registered for the
Work Incentive Program, and aid to families with dependent children
recipients who have been receiving welfare for at least 90 days.
(d) "Poverty" means the poverty level, as defined by the United
States Department of Commerce, Bureau of the Census in the Federal
Register, Volume 43, Number 87, for Thursday, May 4, 1978, at pages
19260-19269, and as periodically updated.
(d)
(e) "Worksite" means either of the following:
(1) A business located within a distressed area.
(2) A business located in directly adjoining census tract blocks
that when attached to the distressed area forms a contiguous
boundary. A company that intends to perform the work at a worksite
described in this paragraph shall submit a map with the bid or
proposal identifying where the worksite is located.
SEC. 2. Section 4534 of the Government Code is amended to read:
4534. (a) In evaluating proposals for contracts for services in
excess of one hundred thousand dollars ($100,000), except a contract
in which the worksite is fixed by the provisions of the contract, the
state shall award a 5-percent preference on the price submitted by
California-based companies who that
demonstrate and certify under penalty of perjury that not less than
90 percent of the total labor hours required to perform the contract
shall be accomplished at an identified worksite or worksites
located in a distressed area .
(b) Where a bidder complies with the provisions of subdivision
(a), the state shall award the additional preferences as set forth in
Section 4533.1 as appropriate.
SEC. 3. Section 4534.1 of the Government Code is repealed.