Amended in Assembly February 25, 2014

Amended in Assembly August 5, 2013

Amended in Senate April 29, 2013

Amended in Senate April 10, 2013

Senate BillNo. 124


Introduced by Senator Corbett

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(Coauthor: Senator Correa)

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(Coauthor: Assembly Member Roger Hernández)

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January 18, 2013


An actbegin delete to amend Sections 4217.11 and 4217.16 of the Government Code, and to add and repeal Section 10780.6 of, and to add and repeal Article 7 (commencing with Section 10390) of Chapter 2 of Part 2 of Division 2 of, the Public Contract Code, relating to public contracts. end deletebegin insert relating to human remainsend insertbegin insert.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 124, as amended, Corbett. begin deletePublic contracts: bid preferences: clean energy. end deletebegin insertHuman remains: Abbot Archimandrite Theodor Micka.end insert

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Existing law requires the local registrar of births and deaths, if the certificate of death is properly executed and completed, to issue a permit for disposition that specifies where the burial or interment will take place.

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This bill, notwithstanding the above requirement or any other law, would authorize the local registrar of births and deaths in the County of Alameda to issue a disposition permit for the burial of the Abbot, Archimandrite Theodor Micka on the grounds of the Holy Cross Monastery in the County of Alameda and would allow those remains to be so interred.

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The bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.

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Existing law imposes various requirements with respect to contracting by state agencies and the Trustees of the California State University. Existing law requires state agencies and the Trustees of the California State University to use a competitive bidding process when contracting for goods and services. However, existing law allows a public, as defined, agency to award an energy service contract if the governing body determines it is in the best interest of the agency and costs will be reduced, as specified.

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This bill would authorize a public agency, including, but not limited to, the Trustees of the California State University, to award a contract based on the fact that a clean energy device, technology, or system was manufactured in the state if the contract is an energy service contract determined to be in the best interest of the public agency. The bill would, until January 1, 2020, require state agencies and the Trustees of the California State University that accept bids or proposals for a contract for the purchase or installation of a clean energy device, technology, or system, as defined, to provide a 5% preference to a bidder that certifies that all of the parts of the clean energy device, technology, or system to be installed have been manufactured in the state, in accordance with specified criteria. This bill would also, until January 1, 2020, require the Department of General Services to establish a clarification process to ensure that bidders meet the preference criteria and, with respect to the California State University, to publish related information on the departments’ Internet Web site.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

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P2    1

begin insertSECTION 1.end insert  

Notwithstanding Sections 7054 and 103055 of
2the Health and Safety Code, or any other law, the local registrar
3of births and deaths in the County of Alameda may issue a
4disposition permit for the burial of the Abbot, Archimandrite
5Theodor Micka on the grounds of the Holy Cross Monastery in
6the County of Alameda and those remains may be so interred.

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7

begin insertSEC. 2.end insert  

The Legislature finds and declares that, because of
8the unique circumstances applicable only to the County of
9Alameda, a special law is necessary and that a general law cannot
P3    1be made applicable within the meaning of Section 16 of Article IV
2of the California Constitution.

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3

SECTION 1.  

The Legislature finds and declares all of the
4following:

5(a) At a time of scarce state resources, state purchases can be
6used to stimulate our state economy and put people back to work.

7(b) The Green Building Executive Order (B-18-12) mandated
8that state agencies evaluate the merits of using clean and renewable
9onsite energy generation technologies in all new building or large
10renovation projects.

11(c) California has several companies that manufacture clean
12energy devices, technology, and systems in the state, employing
13Californians and helping our economy.

14(d) California is a national leader in creating a clean economy.
15 Many clean technology companies call California home. A number
16of these companies have developed novel technologies, and it is
17in the interest of the state to establish and grow manufacturing
18operations within the state, in order to create both construction
19and permanent manufacturing jobs in California.

20(e) It is the intent of the Legislature that a preference should be
21allowed for clean energy devices, technology, and systems
22manufactured in California.

23

SEC. 2.  

Section 4217.11 of the Government Code is amended
24to read:

25

4217.11.  

The following terms, whenever used in this chapter,
26have the meanings given in this section, except where the context
27clearly indicates otherwise:

28(a) “Clean energy device, technology, or system” means devices
29or technologies used for a renewable electrical generation facility,
30as defined in paragraph (1) of subdivision (a) of Section 25741 of
31the Public Resources Code; a combined heat and power system,
32as defined in Section 2840.2 of the Public Utilities Code;
33distributed generation and energy storage technologies eligible
34under the self-generation incentive program pursuant to Section
35379.6 of the Public Utilities Code, as determined by the Public
36Utilities Commission; or a facility designed for the production of
37renewable fuels the efficient use of which reduces the use of fossil
38or nuclear fuels; and energy efficiency devices or technologies
39that reduce the need for new electric generation and reduce
40emissions of toxic and criteria pollutants and greenhouse gases.

P4    1(b) “Conservation services” means the electrical, thermal, or
2other energy savings resulting from conservation measures, which
3shall be treated as a supply of that energy.

4(c) “Energy conservation facility” means clean energy devices,
5technologies, or systems, or conservation measures located in
6public buildings or on land owned by public agencies.

7(d) “Energy service contract” means a contract entered into by
8a public agency with any person, pursuant to which the person will
9provide electrical or thermal energy or conservation services to a
10public agency from an energy conservation facility.

11(e) “Facility financing contract” means a contract entered into
12by a public agency with any person whereby the person provides
13financing for an energy conservation facility in exchange for
14repayment of the financing and all costs and expenses related
15thereto by the public agency. A facility financing contract may
16provide for the person with whom the public agency contracts to
17provide any combination of feasibility studies for, and design and
18construction of, all or part of the energy conservation facility in
19addition to the financing and other related services, and may
20provide for an installment sale purchase, another form of purchase,
21or amortized lease of the energy conservation facility by the public
22agency.

23(f) “Facility ground lease” means a lease of all, or any portion
24of, land or a public building owned by, or under lease to, a public
25agency to a person in conjunction with an energy service contract
26or a facility financing contract. A facility ground lease may include,
27in addition to the land on which energy conservation facilities will
28be located, easements, rights-of-way, licenses, and rights of access,
29for the construction, use, or ownership by the person of the facility
30and all related utility lines not owned or controlled by the
31interconnecting utility, and offsite improvements related thereto.
32A facility ground lease may also include the addition or
33improvement of utility lines and equipment owned by the
34interconnecting utility that are necessary to permit interconnection
35between that utility and an energy conservation facility.

36(g) “Person” means, but is not limited to, any individual,
37company, corporation, partnership, limited liability company,
38public agency, association, proprietorship, trust, joint venture, or
39other entity or group of entities.

P5    1(h) “Public agency” means the state, a county, city and county,
2city, district, community college district, school district, California
3State University, joint powers authority or other entity designated
4or created by a political subdivision relating to energy development
5projects, and any other political subdivision or public corporation
6in the state.

7(i) “Public building” includes any structure, building, facility,
8or work which a public agency is authorized to construct or use,
9and automobile parking lots, landscaping, and other facilities,
10including furnishings and equipment, incidental to the use of any
11structure, building, facility, or work, and also includes the site
12thereof, and any easements, rights-of-way appurtenant thereto, or
13necessary for its full use.

14

SEC. 3.  

Section 4217.16 of the Government Code is amended
15to read:

16

4217.16.  

Prior to awarding or entering into an agreement or
17lease, the public agency may request proposals from qualified
18persons. After evaluating the proposals, the public agency may
19award the contract on the basis of the experience of the contractor,
20the type of technology employed by the contractor, the cost to the
21local agency, whether the clean energy device or technology is
22manufactured in California, and any other relevant considerations.
23The public agency may utilize the pool of qualified energy service
24companies established pursuant to Section 388 of the Public
25Utilities Code and the procedures contained in that section in
26awarding the contract.

27

SEC. 4.  

Article 7 (commencing with Section 10390) is added
28to Chapter 2 of Part 2 of Division 2 of the Public Contract Code,
29to read:

30 

31Article 7.  Preference for California-Manufactured Clean Energy
32Devices, Technology, and Systems
33

 

34

10390.  

For the purposes of this article:

35(a) “Clean energy device, technology, or system” means devices
36or technologies used for a renewable electrical generation facility,
37as defined in paragraph (1) of subdivision (a) of Section 25741 of
38the Public Resources Code; a combined heat and power system,
39as defined in Section 2840.2 of the Public Utilities Code;
40distributed generation and energy storage technologies eligible
P6    1under the self-generation incentive program pursuant to Section
2379.6 of the Public Utilities Code, as determined by the Public
3Utilities Commission; a solar water heating system, as defined in
4subdivision (g) of Section 2861 of the Public Utilities Code; or a
5facility designed for the production of renewable fuels, the efficient
6use of which reduces the use of fossil or nuclear fuels; and energy
7efficiency devices or technologies that reduce the need for new
8electric generation and reduce emissions of toxic and criteria
9pollutants and greenhouse gases.

10(b) “Power purchase agreement” means a financial arrangement
11in which a third-party developer owns, operates, and maintains a
12clean energy device, technology, or system, and a state agency
13agrees to site the device, technology, or system on its roof or
14elsewhere on its property and purchases the device, technology,
15or system’s electric output, not the device, technology, or system
16itself, from the third-party developer for a predetermined period
17of time.

18

10391.  

(a) A state agency that accepts bids or proposals for a
19contract for the purchase or installation of a clean energy device,
20technology, or system through a power purchase agreement or a
21direct purchase shall provide a preference of 5 percent to a bidder
22that certifies that all of the parts of the clean energy device,
23technology, or system to be installed have been manufactured in
24this state. The maximum preference a bidder may be awarded
25pursuant to this article is 5 percent, for that portion of a project
26that is for the purchase and installation of a clean energy device,
27technology, or system. The total bid preference resulting from this
28article and any other provision of law shall not exceed 15 percent.
29The preference shall be provided as follows:

30(1) For solicitations to be awarded to the lowest responsible
31bidder meeting specifications, the preference to a bidder that
32certifies that all of the parts of the clean energy device, technology,
33or system to be installed have been manufactured in this state shall
34be 5 percent of the bid price of the lowest responsible bidder
35meeting specifications.

36(2) For solicitations to be awarded to the highest scored bidder
37based on evaluation factors in addition to price, the preference to
38a bidder that certifies that all of the parts of the clean energy device,
39technology, or system to be installed have been manufactured in
P7    1this state shall be 5 percent of the total score of the highest scored
2bidder.

3(3) A preference awarded pursuant to paragraph (1) or (2) shall
4not be awarded to a noncompliant bidder and shall not be used to
5satisfy any applicable minimum requirements.

6(4) In order to be eligible for the 5-percent preference authorized
7pursuant to this section, a bidder shall submit all required
8substantiating documentation and information needed by the state
9agency to determine if the bidder is eligible for the preference,
10including, but not limited to, documentation regarding the identity
11of the manufacturer of the clean energy device, technology, or
12system and the location or locations where the parts of the clean
13energy device, technology, or system will be manufactured.

14(5) If, after application of the preferences set forth in this section,
15more than one bid qualified as the lowest responsible bid or the
16highest scored bid, the state agency shall award the contract to the
17bidder that has the highest number of full-time employees who
18manufacture the parts of the clean energy device, technology, or
19system in the state when the contract is let.

20(b) The Department of General Services shall establish a process
21to verify that a bidder meets the criteria for the 5-percent
22preference.

23

10392.  

This article shall remain in effect only until January 1,
242020, and as of that date is repealed, unless a later enacted statute,
25that is enacted before January 1, 2020, deletes or extends that date.

26

SEC. 5.  

Section 10780.6 is added to the Public Contract Code,
27to read:

28

10780.6.  

(a) For purposes of this section, “clean energy device,
29technology, or system” means devices or technologies used for a
30renewable electrical generation facility, as defined in paragraph
31(1) of subdivision (a) of Section 25741 of the Public Resources
32Code; a combined heat and power system, as defined in Section
332840.2 of the Public Utilities Code; distributed generation and
34energy storage technologies eligible under the self-generation
35incentive program pursuant to Section 379.6 of the Public Utilities
36Code, as determined by the Public Utilities Commission; a solar
37water heating system, as defined in subdivision (g) of Section 2861
38of the Public Utilities Code; or a facility designed for the
39production of renewable fuels, the efficient use of which reduces
40the use of fossil or nuclear fuels; and energy efficiency devices or
P8    1technologies that reduce the need for new electric generation and
2reduce emissions of toxic and criteria pollutants and greenhouse
3gases.

4(b) The trustees that accept bids or proposals for a contract for
5the purchase or installation of a clean energy device, technology,
6or system through a power purchase agreement or a direct purchase
7shall provide a preference of 5 percent to a bidder that certifies
8that all of the parts of the clean energy device, technology, or
9system to be installed have been manufactured in this state. The
10maximum preference a bidder may be awarded pursuant to this
11section is 5 percent, for that portion of a project that is for the
12purchase and installation of a clean energy device, technology, or
13system. The total bid preference resulting from this section and
14any other provision of law shall not exceed 15 percent. The
15preference shall be provided as follows:

16(1) For solicitations to be awarded to the lowest responsible
17bidder meeting specifications, the preference to a bidder that
18certifies that all of the parts of the clean energy device, technology,
19or system to be installed have been manufactured in this state shall
20be 5 percent of the bid price of the lowest responsible bidder
21meeting specifications.

22(2) For solicitations to be awarded to the highest scored bidder
23based on evaluation factors in addition to price, the preference to
24a bidder that certifies that all of the parts of the clean energy device,
25technology, or system to be installed have been manufactured in
26this state shall be 5 percent of the total score of the highest scored
27bidder.

28(3) A preference awarded pursuant to paragraph (1) or (2) shall
29not be awarded to a noncompliant bidder and shall not be used to
30satisfy any applicable minimum requirements.

31(4) In order to be eligible for the 5-percent preference authorized
32pursuant to this section, a bidder shall submit all required
33substantiating documentation and information needed by the
34trustees to determine if the bidder is eligible for the preference,
35including, but not limited to, documentation regarding the identity
36of the manufacturer of the clean energy device, technology, or
37system and the location or locations where the parts of the clean
38energy device, technology, or system will be manufactured.

39(5) If, after application of the preferences set forth in this section,
40more than one bid qualifies as the lowest responsible bid or the
P9    1highest scored bid, the trustees shall award the contract to the
2bidder that has the highest number of full-time employees who
3manufacture the parts of the clean energy device, technology, or
4system in the state when the contract is let.

5(c) (1) The Department of General Services shall establish a
6process to verify that a bidder meets the criteria for the 5-percent
7preference and publish on its Internet Web site a regularly updated
8list of all sites that received bid preferences, including the name
9of the manufacturer and the type of clean energy device,
10technology, or system utilized.

11(2) The Department of General Services shall annually publish
12data on its Internet Web site, on the employment growth associated
13with the clean energy bid preference for women, minority, and
14disabled veterans.

15(d) This section shall remain in effect only until January 1, 2020,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2020, deletes or extends that date.

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