AB 2620, as introduced, Rendon. State contracts: goods and services.
Existing law sets forth requirements for the acquisition of goods and services by state agencies and sets forth the various responsibilities of the Department of General Services and other state agencies in overseeing and implementing state contracting procedures and policies. Specific provisions govern the acquisition of information technology goods and services.
This bill would enact the Transportation Sustainability Procurement Program Act to require the department, in consultation with the California Environmental Protection Agency, to develop a sustainability program for the state’s procurement of shipping and transportation services for freight, small package delivery, and other forms of cargo. The act would require a contract entered into by a state agency, as defined, for those services, except as specifically exempted in existing law, to require service providers to report specified information relating to energy use and emissions of greenhouse gases to the agency, using generally accepted reporting protocols adopted by the agency for that purpose. The act would impose requirements on the solicitation for the procurement of services to specify how the bidder will be required to report its energy use and associated emissions of greenhouse gases under the contract, and to require a bidder to disclose prescribed information in its responses to the solicitation. The act would require the Director of General Services to adopt rules as specified to encourage all state agencies to use the least costly level of service or mode of transport that can achieve ontime delivery.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares that it is the
2purpose of this act and the policy of this state to provide the
3structure and criteria necessary to ensure that the state processes
4for procuring freight, small package delivery, and other forms of
5cargo transport and shipping services take into consideration not
6only cost and quality, but also vendors’ commitment to, and
7execution of, best environmental practices.
Article 7 (commencing with Section 10400) is added
9to Chapter 2 of Part 2 of Division 2 of the Public Contract Code,
10to read:
11
This act shall be known, and may be cited, as the
16Transportation Sustainability Procurement Program Act.
As used in this article:
18(a) “Services” means shipping and transportation services for
19freight, small package delivery, and other forms of cargo.
20(b) “State agency” means a state agency subject to this chapter.
(a) The department, in consultation with the California
22Environmental Protection Agency, shall develop a sustainability
23program for the state’s procurement of services subject to this
24article.
25(b) A contract entered into by a state agency for the procurement
26of services shall require the service provider to report to the
27California Environmental Protection Agency, using generally
28accepted reporting protocols adopted by that agency for that
29purpose:
P3 1(1) The amount of energy the service provider consumed to
2provide contracted services to the state and the amount of
3associated emissions of greenhouse gases, including energy use
4and greenhouse gases emitted as a result of the service
provider’s
5use of electricity in its facilities.
6(2) The energy use and emissions of greenhouse gases by the
7service provider’s subcontractors in the performance of those
8services.
9(c) The solicitation for the procurement of services shall do the
10following:
11(1) Specify how the bidder will be required to report its energy
12use and associated emissions of greenhouse gases under the
13contract.
14(2) Require a bidder to disclose in its responses to the solicitation
15the following information:
16(A) Use of measures to reduce vehicle engine idling.
17(B) Use of multimodal transportation, such as rail, trucks, or
18air transport, and how the
use of those types of transportation is
19anticipated to reduce costs for the state.
20(C) The extent of the bidder’s use of cleaner, less expensive
21fuels as an alternative to petroleum or the bidder’s use of more
22efficient vehicle propulsion systems.
23(D) The level of transparency of the service provider’s reporting
24under subdivision (b), and what independent verification and
25assurance measures exist for this reporting.
26(E) Use of speed governors on heavy trucks.
27(F) Use of recyclable packaging.
28(G) Measures of bidder’s network efficiency, including the
29in-vehicle use of telematics or other related technologies that
30provide for improved vehicle and network optimization and
31efficiencies.
32(H) Bidder’s energy intensity per unit of output delivered.
33(I) How the bidder will advance the environmental goals of the
34state.
35(J) Opportunities identified to effectively neutralize the
36emissions of greenhouse gases reported under subdivision (b).
37(d) In awarding contracts for services, a state agency, as part of
38a best value analysis of the responses to a solicitation, as applicable,
39shall do the following:
P4 1(1) Give appropriate weight to the disclosures in paragraph (2)
2of subdivision (c).
3(2) Give appropriate weight to the price and quality of the
4services being offered.
5(e) A state agency may accept from a service provider an
6optional offer at a reasonable cost of carbon-neutral shipping in
7which the provider calculates the direct and indirect emissions of
8greenhouse gases of the provider that are specified under
9subdivision (b), and obtains independently verified carbon credits
10to offset those emissions and then retires the carbon credits.
11(f) The director shall adopt rules to encourage all state agencies
12to use the least costly level of service or mode of transport, while
13distinguishing between express or air delivery versus ground
14delivery, that can achieve ontime delivery for the product being
15transported and delivered.
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