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New Legislation for 2008

The following is a brief description of legislation affecting procurement and contracting that took effect January 1, 2008. See the link at http://www.leginfo.ca.gov/ for complete copies of the chaptered bills.

New Legislation for 2008
Chapter  593, Statutes of  2007
AB 236
(Lieu)
This bill requires the Department of General Services (DGS), in conjunction with the Air Resources Board and the Energy Commission, to make specified changes to its purchasing methodology for motor vehicles.  It would also require the DGS to take specified actions when contracting with fueling stations or replacing, retrofitting, or installing a fueling tank or infrastructure that fuels State vehicles.  On or after July 1, 2009, a vehicle that can use alternative fuels would be required to be operated on those fuels unless alternative fuels are not readily available or other factors exist that may prevent the use of those fuels in the area in which the vehicle is operated.  On or before July 1, 2009, the Secretary of State and Consumer Services Agency, in consultation with the DGS and other agencies, would be required to develop, implement, and submit to the Legislature a plan to improve the State fleet's use of alternative fuels, synthetic lubricants, and fuel-efficient vehicles, according to a specified schedule.  The bill also created various new reporting requirements for the DGS.
Chapter 611,
Statutes of 2007
AB 761
(Coto)
For contracts funded by the Infrastructure-Related Bond Acts of 2006, this bill requires State agencies to establish a 25 percent small business participation goal; to advertise upcoming opportunities to bid on these contracts in the California State Contracts Register; to include in this advertisement an Internet link to specified information for prospective bidders; and to provide information to California small businesses regarding training and technical assistance that is available to assist them in bidding.  It would also require State agencies to report specified information annually to the Department of General Services regarding small business participation in these contracts.
Chapter 534,
Statutes of 2007
AB 1109
(Huffman)
This bill requires the Energy Commission to adopt energy efficiency standards for all general purpose lights by December 31, 2008, in order to meet specified energy conservation goals by 2018.  Starting two years after the standards are adopted, the DGS and other State agencies are required to cease purchasing lights that do not meet the standards, with one limited exemption.  Starting January 1, 2010, this bill would also restrict the manufacture for sale in California of general purpose lights that do not meet specified standards pertaining to hazardous substances content.  In addition, this bill would require the Department of Toxic Substances Control, in consultation with the California Integrated Waste Management Board, to convene a task force and make recommendations to the Legislature on specified issues on or before September 1, 2008.
Chapter 736,
Statutes of 2007
AB 617
(Torrico)
This bill, until July 1, 2013, deletes the existing statutory requirement for an IT vendor to post a performance bond whenever progress payments are made on an IT contract.  Instead, the bill requires the DGS, in consultation with the Department of Finance (DOF), to develop a framework for the evaluation of risk to the State resulting from the acquisition of IT.  This risk analysis would determine the State's need for financial protection measures, which could include, but would not be limited to, a performance bond.  These new provisions will sunset on July 1, 2013.  In addition, this bill would also mandate specified legislative reports.
Chapter 248,
Statutes of 2007
SB 473
(Cox)
This bill prohibits State agencies that require fingerprinting for any non-law-enforcement purpose from requiring the use of specified Live Scan fingerprinting service providers.  It also provides that if a State agency identifies, on its Web site, a list of providers, it must provide a link to the Department of Justice Web site that lists all certified Live Scan fingerprinting service providers.
Updated : 2/26/2008