AB 2844,
as amended, Bloom. begin deleteEnvironmental health: drinking water.end deletebegin insertPublic contracts: end insertbegin insertCalifornia Combating the Boycott, Divestment, and Sanctions of Israel Act of 2016.end insert
Existing law governs the procurement process for contracts of specified public entities. Existing law prohibits a person that, at the time of bid or proposal for a new contract or renewal of an existing contract, engages in investment activities in Iran from bidding on, submitting a proposal for, or entering into, a contract with a public entity for goods or services of $1,000,000 or more.
end insertbegin insertThis bill, with certain exceptions, would prohibit a public entity, which includes state and local entities, from entering into a contract, on or after January 1, 2017, with a company that is participating in the boycott of Israel, as provided. The bill would find and declare that these provisions of this bill are a matter of statewide concern due to the political nature of contracting with a company that is participating in the boycott of Israel, and therefore, these provisions apply to charter cities, charter counties, and a charter city and county and supersede any inconsistent charter provision.
end insertbegin insertBy imposing additional duties with respect to local public contracting, this bill would impose a state-mandated local program.
end insertbegin insertThis bill also would require the Governor’s Office of Business and Economic Development to incentivize specified activities between Israel and California and to disincentivize barriers hindering those activities.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertThe California Safe Drinking Water Act requires a person operating a public water system to obtain and provide an analysis of the water to the State Water Resources Control Board (state board), as provided.
end deleteThis bill would require the person to include in the analysis samples from schools, day care facilities, and health care facilities, to the extent those locations are within the public water system. The bill would require the person to report to the state board other information regarding the samples taken. The bill would require the state board to post this information on its Internet Web site, as provided.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertThis act shall be known and may be cited as the
2California Combating the Boycott, Divestment, and Sanctions of
3Israel Act of 2016.end insert
The Legislature finds and declares the following:
end insertbegin insert
5
(a) The United States and Israel have a unique bond based on
6their shared, enduring values, which are reflected in the virtues
7and principles of freedom and democracy, and have stood together
8as allies since Israel was first formed as a nation.
9
(b) California and Israel have established business partnerships
10and trade relations with each other, and those
partnerships have
11helped enhance the agricultural, educational, energy,
P3 1entertainment, health, medical, scientific, and water policies in
2California, Israel, and the United States.
3
(c) On March 5, 2014, as the culmination of an effort started
4as Assembly Bill 1032 of the 2009-10 Regular Session, the
5Governor of California and the Prime Minister of Israel signed a
6memorandum of understanding (MOU) for strategic partnerships
7for joint innovation, exchanges, and cooperation between
8California and Israel.
9
(d) In July 2015, the Legislature affirmed its support for the
10MOU by passing Senate Concurrent Resolution 25, noting that
11participants in the MOU had already expanded cooperation
12between Israel and California in areas such as alternative energy,
13agriculture, business innovation, and academia, and declaring
14that collaboration with Israel will foster peace and democracy in
15the Middle
East.
16
(e) Boycotts of Israel by companies doing business in California
17undermine the aforesaid express policy and purpose of encouraging
18trade, business, and academic cooperation between California
19and Israel. Therefore, it is in the best interests of the State of
20California that it not contract with any company participating in
21a boycott of Israel.
22
(f) Notwithstanding any other law, including, but not limited
23to, Section 1100.7 of the Public Contract Code, the provisions of
24this measure address the political nature of contracting with a
25company that is participating in the boycott of Israel and the need
26for the government of this state to respond to the policies of Israel
27in a uniform fashion, a matter of statewide concern, and therefore,
28shall apply to charter cities, charter counties, and a charter city
29and county.
begin insertChapter 2.6 (commencing with Section 2100) is added
31to Part 1 of Division 2 of the end insertbegin insertPublic Contract Codeend insertbegin insert, to read:end insert
32
(a) Notwithstanding any other law, and except as
37provided in subdivision (d), a public entity shall not enter into a
38contract on or after January 1, 2017, to acquire or dispose of
39goods, services, information technology, or for construction if the
40contracting company is participating in a boycott of Israel.
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(b) A public entity shall notify any company determined to be
2participating in a boycott of Israel that the public entity is
3prohibited from contracting with the company and permit that
4company to respond to the notification. The public entity shall
5request that the company take substantial action to cease its boycott
6of Israel no later than 90 days from the date the public entity
7notified the company under this subdivision. If the public
entity
8determines that a company has taken substantial action to cease
9its boycott of Israel before the expiration of that 90-day period,
10that company shall not be subject to subdivision (a).
11
(c) For the purposes of this section, the following definitions
12shall apply:
13
(1) (A) “Boycott Israel” or “boycott of Israel” means refusing
14to deal with, terminating business activities with, or taking other
15actions that are intended to penalize, inflict economic harm, or
16otherwise limit commercial relations with Israel or persons or
17entities incorporated in Israel or doing business in Israel for
18reasons other than business, investment, or commercial reasons.
19A statement by a company that it is participating in a boycott of
20Israel, or that it has initiated a boycott in response to a request
21for a boycott of Israel or in compliance with, or in furtherance of,
22calls for a
boycott of Israel, may be considered by a public entity
23to be evidence that a company is participating in a boycott of
24Israel.
25
(B) “Boycott” does not include any of the following:
26
(i) A decision based on business or economic reasons.
27
(ii) Termination or prohibition of commercial activity within a
28particular jurisdiction that is required by federal or state law.
29
(2) “Company” means a sole proprietorship, organization,
30association, corporation, partnership, joint venture, limited
31partnership, limited liability partnership, limited liability company,
32or other entity or business association, including all wholly owned
33subsidiaries, majority-owned subsidiaries, and parent companies,
34that exists for the purpose of making profit.
35
(3) “Public entity” shall have the same meaning as defined in
36subdivision (a) of Section 5100.
37
(d) This section shall not apply to a contract if either of the
38following apply:
39
(1) The total value of the contract is less than ten thousand
40dollars ($10,000).
P5 1
(2) The public entity makes a formal, written determination that
2the goods, services, information technology, or other matters that
3are the subject of the contract are necessary for the public entity
4to perform its functions and that, absent this exemption, the public
5entity would be unable to obtain said goods, services, information
6technology, or other matters for which the contract is offered.
The provisions of this chapter shall supersede any
8inconsistent provisions in the charter of a charter city, charter
9county, or charter city and county.
The Governor’s Office of Business and Economic
11Development shall recommend tools to incentivize business and
12academic collaboration, trade, and partnership between Israel
13and California and to disincentivize any and all barriers hindering
14that collaboration, trade, and partnership, pursuant to Senate
15Concurrent Resolution 121 of the 2014 Regular Session and Senate
16Concurrent Resolution 25 of the 2015 Regular Session. These
17incentives may include, but not be limited to, tax credits,
18partnership subsidies, innovative grant programs, job creation
19initiatives, and contracting preferences.
If the Commission on State Mandates determines that
21this act contains costs mandated by the state, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.
Section 116385 of the Health and Safety Code
26 is amended to read:
(a) Any person operating a public water system shall
28obtain and provide to the state board, at the person’s expense, an
29analysis of the water, in the form, covering those matters, and at
30intervals as the
state board prescribes by regulation. The analysis
31shall be performed by a laboratory duly certified by the state board.
32(b) (1) An analysis provided pursuant to subdivision (a) shall
33include, but need not be limited to, samples from schools, day care
34facilities, and health care facilities, to the extent that these locations
35are within the public water system.
36(2) This subdivision does not require an increase in the number
37of
samples a person collects.
38(c) (1) The person shall report to the state board the date and
39results of any sampling at a school, day care facility, and health
40care facility, and where relevant, the contents of any notice issued
P6 1to the school or day care facility, students, or parents, and any
2notices to the health care facility, and any followup action taken
3to mitigate contamination.
4(2) The state board shall post the information contained in
5paragraph (1) to its Internet Web site in a manner that is searchable
6by schools and school districts. The state board’s Internet Web
7site shall also include a link to the public water system’s most
8recent consumer confidence report.
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