Amended in Senate June 29, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 429


Introduced by Assembly Member Dahle

(Principal coauthor: Assembly Member Wood)

February 19, 2015


An act to add Section 12405 to the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL’S DIGEST

AB 429, as amended, Dahle. Public contracts: preferences: forest products.

Existing law generally requires state agencies to comply with competitive bidding procedures in soliciting and evaluating bids for public works projects. Existing law authorizes bidding preferences for certain categories of business owners, including businesses owned by disabled veterans.

Existing law also requires the Department of General Services, in consultation with the California Environmental Protection Agency, members of the public, industry, and public health and environmental organizations, to provide state agencies with information and assistance regarding environmentally preferable purchasing.

The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations on timberland unless a timber harvesting plan has been prepared by a registered professional forester and has been submitted to the Department of Forestry and Fire Protection and approved by the Director of Forestry and Fire Protection or the State Board of Forestry and Fire Protection.

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The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases and requires the board to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. Under existing law, the board is required to consult with other states, the federal government, and other nations to identify the most effective strategies and methods to, among other things, reduce greenhouse gases and imposes limitations on any link, as defined, between the state and another state, province, or country for purposes of a market-based compliance mechanism, as specified.

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This bill would requirebegin delete anyend deletebegin insert aend insert statebegin delete agencyend deletebegin insert agency, as specified,end insert that contracts for, or acquires, lumber or other solid wood products, excluding paper and other types of secondary manufactured goods, to give preference,begin insert to the extent consistent with federal law,end insert if price, fitness, and quality are equal,begin insert based upon verifiable, self-certification from suppliers,end insert to lumber and other solid wood products that are harvested pursuant to the Z’berg-Nejedly Forest Practice Act ofbegin delete 1973.end deletebegin insert 1973 or verified under end insertbegin inserta Compliance Offset Protocol for U.S. Forest Projects adopted end insertbegin insertby the State Air Resources Board or any other offset protocol linked by the board, as specified, to implement the California Global Warming Solutions Act of 2006.end insert

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

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) It is a priority in California to protect the wildlife, rivers,
4streams, and soil that make up the state’s rich forest ecosystems
5covering 40 percent of the state’s entire land area.

6(b) Forested lands in California do all of the following:

7(1) Provide significant environmental benefits, including serving
8as the source of more than half the state’s supply of drinking water
9and habitat for numerous wildlife and plant species, some of which
10are rare, threatened, or endangered.

P3    1(2) Serve as the source of extensive recreational opportunities
2for millions of Californians.

3(3) Provide a signature landscape that identifies California to
4people worldwide.

5(4) Reduce the amount of carbon dioxide in the atmosphere,
6replacing it with clean, fresh air. According to the California
7Environmental Protection Agency, forestry is the only sector in
8California that reduces atmospheric carbon. Sequestered carbon
9is stored in the forest in trees, soil, wood debris on the forest floor,
10and in long-lasting products made from harvested wood.

11(c) Forested lands in California also provide the source of raw
12materials for the timber products industry, and a source of jobs for
13those who are employed in that industry. Forested lands in
14California are an essential economic resource in rural communities
15across the state.

16(d) The economic pressures faced by the timber industry, caused
17in part by globalization and imported timber products, have resulted
18in financial losses to the California timber industry and private
19landowners.

20(e) It is appropriate for the State of California to officially
21support the continued economic vitality of the California timber
22products industry by directing its agencies to purchase timber
23products harvested from California, when appropriate.

24(f) A purchasing preference will contribute to stabilizing the
25California timber industry.

26(g) Laws and regulations governing forestry in California
27represent the commitment of the state to strive for the highest
28environmental standards for industrial forestry anywhere in the
29world. The state may express its preference for timber products
30reflecting that commitment.

31(h) Currently, approximately 70 percent of California’s timber
32products must be imported to meet the demand of the state’s
33population of 38 million people. California’s population is
34projected to increase to 49 million people by 2025, further
35intensifying our consumption of, and demand for, timber products
36from other states and abroad.

37(i) The import and export of goods, including timber products,
38are and will remain part of the state’s economy. The import and
39export of all goods have contributed to the diverse economic base
40of California.

P4    1(j) When price, quality, and fitness are equal and when the
2marketplace provides timber products that are acceptable for use
3by state agencies, the State of California has a responsibility to
4purchase California grown forest products.

5

SEC. 2.  

Section 12405 is added to the Public Contract Code,
6to read:

7

12405.  

begin insert(a)end insertbegin insertend insert Consistent with all applicable provisions of this
8code,begin insert and to the extent consistent with federal law,end insert when price,
9fitness, and quality are equal,begin delete anyend deletebegin insert aend insert state agency that contracts for,
10or acquires, lumber or other solid wood products, excluding paper
11and other types of secondary manufactured goods, shall, if price,
12fitness, and quality arebegin delete equal,end deletebegin insert equal, based upon verifiable,
13self-certification from suppliers,end insert
give preference to lumber and
14other solid wood products that are harvestedbegin delete pursuant toend deletebegin insert in
15compliance withend insert
the Z’berg-Nejedly Forest Practice Act of 1973
16(Chapter 8 (commencing with Section 4511) of Part 2 of Division
174 of the Public Resourcesbegin delete Code).end deletebegin insert Code) or verified under a
18Compliance Offset Protocol for U.S. Forest Projects adopted by
19the State Air Resources Board or any other offset protocol linked
20by the State Air Resources Board, pursuant to Section 12894 of
21the Government Code, to implement the California Global
22Warming Solutions Act of 2006 (Division 25.5 (commencing with
23Section 38500) of the Health and Safety Code).end insert

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24(b) Subdivision (a) applies only to a state agency that directly
25contracts for specified lumber and other wood products pursuant
26to Article 3 (commencing with Section 10300) of Chapter 2 of Part
272 of Division 2 of this code.

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