BILL ANALYSIS Ó AB 362 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 362 (Waldron) - As Amended March 16, 2015 ----------------------------------------------------------------- |Policy |Accountability and |Vote:|9 - 0 | |Committee: |Administrative Review | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill allows the Department of General Services (DGS) to engage in a pilot printing program that would be paid for by a participating vendor. Specifically, this bill: AB 362 Page 2 1)Authorizes DGS to engage in a demonstration project using "process free printing plates," as defined, to show the possible environmental and economic benefits of this technology. 2)Specifies best practices the department must strive to adhere to, including reducing overall chemical usage, maximizing the use of less hazardous chemicals, minimizing water usage, reducing electricity usage, maximizing recycling of materials used, and reducing the carbon footprint. 3)Requires that if DGS conducts such a pilot, the participating private vendor will pay for the project's cost. FISCAL EFFECT: 1)Negligible state cost. The bill requires a private vendor engaging in a demonstration project with DGS to cover the costs of the project. 2)Staff notes that the details of the pilot project, such as the scope and location, are not included in the bill. Depending on the details, there could be indirect cost implications for the Office of State Publishing (OSP) that go beyond the plates and are more difficult to identify. For example, if the pilot is held in-house, existing equipment may need to be moved or existing production schedules may be disrupted or delayed. It is not clear whether or how those costs would be covered by the vendor. In contrast, if the pilot were held off site, OSP costs would be primarily limited to staff travel time. COMMENTS: AB 362 Page 3 1)Purpose. According to the author, traditional printing requires the development of plates that are run through a bath of chemical developer and water. This process is not the most efficient method available and requires more water, energy, and produces more waste than other available methods. This bill would authorize a pilot project for a "process-free" approach, designed to demonstrate any economic or environmental advantages of this process. 2)Background. Established in 1965, the OSP, under DGS, provides a variety of programs, services, and support to all state, federal, county and city agencies. Among its key services are project planning and initiation, creative print and web design, mass mailing and interagency mail, state records center, and digital and offset print production. OSP is committed to energy and cost efficient production. Regarding printing, OSP has not used process free printing plates for its printing, but has moved towards digital printing, a method which also does not require the development of plates. 3)State Contracting Considerations. This bill leaves the decision to participate in a pilot program to DGS, but requires that a vendor participating in the pilot will cover its costs. While this approach could reduce state expenses, it is potentially inconsistent with procurement guidance to state agencies, as specified in the State Contracting Manual (SCM). Specifically, the SCM "recommends that departments do not accept suppliers' offers of goods or services without cost or obligation to the State. If a department's decision is contrary to this recommendation, the department must execute a AB 362 Page 4 purchase document to document the agreement." According to DGS, this direction is to prevent a vendor from receiving preferential treatment or the perception of preferential treatment. The SCM further advises that, "Before accepting any suppliers' goods and services offered at no cost or obligation to the department, the department must consider the perception of the acceptance to other suppliers." 4)Need for the Bill. DGS is authorized under current law to decide the manner of printing it uses. It does not appear to need additional authority to observe or engage in alternative printing methods. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081