The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost.

Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including requiring the regents to prepare plans and specifications before entering into a contract for a project.

The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including requiring the trustees to prepare full, complete, and accurate plans and specifications for a project.

This bill, the Buy Clean California Act, would, by January 1, 2019, require the Department of General Services to establish, and publish in the State Contracting Manual, a maximum acceptable global warming potential for each category of eligible materials, in accordance with requirements set out in the bill. The bill, by January 1, 2022, and every 3 years thereafter, would require the department to review the maximum acceptable global warming potential for each category of eligible materials established, and would authorize the department to adjust that number downward for any eligible material to reflect industry improvements, as provided.

The bill, for specified types of contracts entered into on or after July 1, 2019, would require an awarding authority to require a successful bidder to submit a current Environmental Product Declaration, developed in accordance with specified standards, for that type of product. The bill would require an awarding authority to include in a specification for a bid for an eligible project, as defined, that the facility-specific global warming potential for any eligible materials does not exceed the maximum global warming potential for that material determined by the department in accordance with the process described above. The bill would also authorize an awarding authority to include in a specification for bids for an eligible project a facility-specific global warming potential for any eligible material that is lower than the maximum global warming potential for that material as determined by the department in accordance with the process described above. The bill would prohibit a successful bidder from installing any eligible materials on an eligible project until that bidder submits an Environmental Product Declaration to the awarding authority for that project. The bill would require an awarding authority, in carrying out its duties under the act, to strive to continuously reduce emissions over time. The bill would define awarding authority for these purposes to include state departments and entities subject to the State Contract Act, the Regents of the University of California, and the Trustees of the California State University.

The bill, by January 1, 2022, would require the department to submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this article in reducing global warming potential.

The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost.

Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including requiring the regents to prepare plans and specifications before entering into a contract for a project.

The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including requiring the trustees to prepare full, complete, and accurate plans and specifications for a project.

This bill, the Buy Clean California Act, would, by January 1, 2019, require the Department of General Services to establish, and publish in the State Contracting Manual, a maximum acceptable global warming potential for each category of eligible materials, in accordance with requirements set out in the bill. The bill, by January 1, 2022, and every 3 years thereafter, would require the department to review the maximum acceptable global warming potential for each category of eligible materials established, and would authorize the department to adjust that number downward for any eligible material to reflect industry improvements, as provided.

The bill, for specified types of contracts entered into on or after July 1, 2019, would require an awarding authority to require a successful bidder to submit a current Environmental Product Declaration, developed in accordance with specified standards, for that type of product. The bill would require an awarding authority to include in a specification for a bid for an eligible project, as defined, that the facility-specific global warming potential for any eligible materials does not exceed the maximum global warming potential for that material determined by the department in accordance with the process described above. The bill would also authorize an awarding authority to include in a specification for bids for an eligible project a facility-specific global warming potential for any eligible material that is lower than the maximum global warming potential for that material as determined by the department in accordance with the process described above. The bill would prohibit a successful bidder from installing any eligible materials on an eligible project until that bidder submits an Environmental Product Declaration to the awarding authority for that project. The bill would require an awarding authority, in carrying out its duties under the act, to strive to continuously reduce emissions over time. The bill would define awarding authority for these purposes to include state departments and entities subject to the State Contract Act, the Regents of the University of California, and the Trustees of the California State University.

The bill, by January 1, 2022, would require the department to submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this article in reducing global warming potential.

The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost.

Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including requiring the regents to prepare plans and specifications before entering into a contract for a project.

The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including requiring the trustees to prepare full, complete, and accurate plans and specifications for a project.

This bill, the Buy Clean California Act, would, by January 1, 2019, require the Department of General Services to establish, and publish in the State Contracting Manual, a maximum acceptable global warming potential for each category of eligible materials, in accordance with requirements set out in the bill. The bill, by January 1, 2022, and every 3 years thereafter, would require the department to review the maximum acceptable global warming potential for each category of eligible materials established, and would authorize the department to adjust that number downward for any eligible material to reflect industry improvements, as provided.

The bill, for specified types of contracts entered into on or after July 1, 2019, would require an awarding authority to require a successful bidder to submit a current Environmental Product Declaration, developed in accordance with specified standards, for that type of product. The bill would require an awarding authority to include in a specification for a bid for an eligible project, as defined, that the facility-specific global warming potential for any eligible materials does not exceed the maximum global warming potential for that material determined by the department in accordance with the process described above. The bill would also authorize an awarding authority to include in a specification for bids for an eligible project a facility-specific global warming potential for any eligible material that is lower than the maximum global warming potential for that material as determined by the department in accordance with the process described above. The bill would prohibit a successful bidder from installing any eligible materials on an eligible project until that bidder submits an Environmental Product Declaration to the awarding authority for that project. The bill would require an awarding authority, in carrying out its duties under the act, to strive to continuously reduce emissions over time. The bill would define awarding authority for these purposes to include state departments and entities subject to the State Contract Act, the Regents of the University of California, and the Trustees of the California State University.

The bill, by January 1, 2022, would require the department to submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this article in reducing global warming potential.

The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost.

Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including requiring the regents to prepare plans and specifications before entering into a contract for a project.

The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including requiring the trustees to prepare full, complete, and accurate plans and specifications for a project.

This bill, the Buy Clean California Act, would, by January 1, 2019, require the Department of General Services to establish, and publish in the State Contracting Manual, a maximum acceptable global warming potential for each category of eligible materials, in accordance with requirements set out in the bill. The bill, by January 1, 2022, and every 3 years thereafter, would require the department to review the maximum acceptable global warming potential for each category of eligible materials established, and would authorize the department to adjust that number downward for any eligible material to reflect industry improvements, as provided.

The bill, for specified types of contracts entered into on or after January July 1, 2019, would require an awarding authority to require a successful bidder to submit a current Environmental Product Declaration, developed in accordance with specified standards, for that type of product. The bill would require an awarding authority to include in a specification for a bid for an eligible project, as defined, that the facility-specific global warming potential for any eligible materials does not exceed the maximum global warming potential for that material determined by the department in accordance with the process described above. The bill would also authorize an awarding authority to include in a specification for bids for an eligible project a facility-specific global warming potential for any eligible material that is lower than the maximum global warming potential for that material as determined by the department in accordance with the process described above. The bill would prohibit a successful bidder from installing any eligible materials on an eligible project until that bidder submits an Environmental Product Declaration to the awarding authority for that project. The bill would require an awarding authority, in carrying out its duties under the act, to strive to continuously reduce emissions over time. The bill would define awarding authority for these purposes to include state departments and entities subject to the State Contract Act, the Regents of the University of California, and the Trustees of the California State University.

The bill, by January 1, 2022, would require the department to submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this article in reducing global warming potential.

The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost.

Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including requiring the regents to prepare plans and specifications before entering into a contract for a project.

The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including requiring the trustees to prepare full, complete, and accurate plans and specifications for a project.

This bill, the Buy Clean California Act, would, by January 1, 2019, require the Department of General Services to establish, and publish in the State Contracting Manual, a maximum acceptable global warming potential for each category of eligible materials, in accordance with requirements set out in the bill. The bill, by January 1, 2022, and every 3 years thereafter, would require the department to review the maximum acceptable global warming potential for each category of eligible materials established, and would authorize the department to adjust that number downward for any eligible material to reflect industry improvements, as provided.

The bill, for specified types of contracts entered into on or after January 1, 2019, would require an awarding authority to require a successful bidder to submit a current Environmental Product Declaration, developed in accordance with specified standards, for that type of product. The bill would require an awarding authority to include in a specification for a bid for an eligible project, as defined, that the facility-specific global warming potential for any eligible materials does not exceed the maximum global warming potential for that material determined by the department in accordance with the process described above. The bill would also authorize an awarding authority to include in a specification for bids for an eligible project a facility-specific global warming potential for any eligible material that is lower than the maximum global warming potential for that material as determined by the department in accordance with the process described above. The bill would require an awarding authority, in carrying out its duties under the act, to strive to continuously reduce emissions over time. The bill would define awarding authority for these purposes to include state departments and entities subject to the State Contract Act, the Regents of the University of California, and the Trustees of the California State University.

The bill, by January 1, 2022, would require the department to submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this article in reducing global warming potential.

The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. The act generally requires that an awarding department that proposes to contract a public work to award that contract pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative bidding procedures authorized in certain cases.

Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including generally requiring the regents to award contracts to the lowest responsible bidder. requiring the regents to prepare plans and specifications before entering into a contract for a project.

The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including the trustees to award a contract to the lowest responsible bidder. requiring the trustees to prepare full, complete, and accurate plans and specifications for a project.

The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. The act generally requires that an awarding department that proposes to contract a public work to award that contract pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative bidding procedures authorized in certain cases.

Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including generally requiring the regents to award contracts to the lowest responsible bidder.

The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including the trustees to award a contract to the lowest responsible bidder.

This bill would require an awarding department to require a prospective bidder to complete a standard form that states the cumulative amount of specified greenhouse gas emissions that were produced in the material extraction and processing, transport to the manufacturing site, and the manufacturing of eligible materials, as defined, to be used on the project, and would provide that a prospective bidder may satisfy this standard by attaching to that form an Environmental Product Declaration, developed in accordance with standards established by the International Organization of Standardization, or other similar life-cycle assessment method as provided, for that type of product. The bill would require an awarding department, when calculating the lowest responsible bidder for purposes of public works contracts that use eligible materials, to adjust that portion of the bid on the base contract that represents the cost of the eligible materials to incorporate the value of the social cost of those materials. department to use a method developed by the Department of General Services to take into account, during project bid review and award, greenhouse gas emissions of eligible materials to be used in a project, with the intent of reducing greenhouse gas emissions along the supply chain. The bill would require the Secretary of Government Operations to establish a formula to calculate the social cost of eligible materials, in accordance with requirements set out in the bill. the Department of General Services to publish in the State Contracting Manual a method to allow an awarding department to take into account, during project bid review and award, greenhouse gas emissions of eligible materials, in accordance with certain requirements set out in the bill. The bill would authorize a contractor who is awarded a bid under these provisions to use a material supplier that was not reported in the winning bid if that supplier uses eligible materials that have the same or lower emissions than what was reported in the original bid. The bill would provide that if the supplier that was reported in a bid that was awarded under these provisions is unable to perform, the contractor who was awarded that bid shall make a good-faith effort to use a supplier that has the same or lower emissions than the original supplier reported and for a similar cost.

This bill would also require an awarding department to, on or before January 1, 2019, and annually thereafter, prepare and submit to the Legislature and the Governor a report on contracts that were awarded.

The bill would impose similar requirements on the Regents of the University of California and the Trustees of the California State University.

The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. The act generally requires that an awarding department that proposes to contract a public work to award that contract pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative bidding procedures authorized in certain cases.

Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including generally requiring the regents to award contracts to the lowest responsible bidder.

The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including the trustees to award a contract to the lowest responsible bidder.

This bill would require an awarding department to require a prospective bidder to complete a standard form that states the cumulative amount of specified greenhouse gas emissions that were produced in the manufacturing of eligible materials, as defined, to be used on the project, and would provide that a prospective bidder may satisfy this standard by attaching to that form an Environmental Product Declaration, developed in accordance with standards established by the International Organization of Standardization, for that type of product. The bill would require an awarding department, when calculating the lowest responsible bidder for purposes of public works contracts that use eligible materials, to adjust that portion of the bid on the base contract that represents the cost of the eligible materials to incorporate the value of the social cost of those materials. The bill would require the Secretary of Government Operations to establish a formula to calculate the social cost of eligible materials, in accordance with requirements set out in the bill.

This bill would also require an awarding department to, on or before January 1, 2019, and annually thereafter, prepare and submit to the Legislature and the Governor a report on contracts that were awarded.

The bill would impose similar requirements on the Regents of the University of California and the Trustees of the California State University.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 262

Author:(Bonta, et al.)

As Amended Ver:July 19, 2017

Majority vote

Original Committee Reference: A. & A.R.

SUMMARY: Requires the Department of General Services (DGS) to establish standards used in the bid process related to greenhouse gas (GHG) emissions when certain eligible materials are used in state public works projects.

The Senate amendments:

1. Eliminate iron pipe and pipefittings; brass pipe and pipefittings; steel line pipes; and structural steel from the definition of "eligible materials" specified in this bill.
2. Prohibit a successful bidder from installing an eligible material until the bidder submits a current environmental product declaration (EPD), as specified.
3. Delay the requirement to begin submitting EPDs by six months to July 2019.
4. Add coauthors and make technical changes.

EXISTING LAW generally requires the state to award bids for public works projects to the lowest responsible bidder.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. One-time costs to DGS up to the hundreds of thousands of dollars to establish the maximum acceptable global warming potential for each category of eligible materials and to publish those thresholds in the State Contracting Manual. (General Fund (GF))
2. Ongoing costs between $100,000 to $200,000 per year for additional workload for DGS to review and analyze EPDs submitted on public works projects that the department manages. (GF)
3. Significant, ongoing costs, likely in the millions of dollars, for state departments conducting public works projects using the materials identified in this bill. This has the potential to reduce the pool of eligible materials for these projects which could lead to an increase in bid price thereby increasing project costs.
4. Unknown, potentially significant costs for DGS to report to the Legislature on the method used to determine the maximum acceptable global warming potential for each category of eligible materials and on any obstacles in the implementation of the provisions of this bill and the effectiveness of these provisions in reducing global warming potential.

COMMENTS: Senate amendments limit the eligible materials subject to requirements in this bill to carbon steel rebar, flat glass, mineral wool board insulation, and structural steel. Amendments also specify that an eligible material cannot be installed until the successful bidder submits a facility-specific EPD for that material.

Analysis Prepared by: Scott Herbstman / A. & A.R. / (916) 319-3600 FN: 0001810

 THIRD READING  

Bill No: AB 262

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 11-1, 6/27/17

AYES: Dodd, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Mendoza, Portantino

NOES: Vidak

NO VOTE RECORDED: Berryhill

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-1, 7/5/17

AYES: Wieckowski, Gaines, Hill, Lara, Skinner, Stern

NOES: Stone

SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 68-3, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires, by January 1, 2019, the Department of General Services (DGS) to establish, and publish, in the State Contracting Manual (SCM), a maximum acceptable global warming potential (GWP) for each category of eligible materials, as specified. In addition, the bill requires a successful bidder to submit a current Environmental Product Declaration (EPD), developed in accordance with specified standards, for that type of product.

ANALYSIS:

Existing law:

1. Governs, under the State Contract Act, the bidding of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans, specifications, and estimates of costs.
2. Establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California (UC), including requiring the Regents to prepare plans and specifications before entering into a contract for a project.
3. Governs, under the California State University (CSU) Contract Law, the contracting for building and improvement projects by the CSU and imposes specific competitive bidding requirements for the Trustees of the CSU, including requiring the trustees to prepare full, complete, and accurate plans and specification for a project.
4. Requires the Air Resources Board, pursuant to the California Global Warming Solutions Act of 2006, to adopt statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020 and adopt regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions.

This bill:

1. Requires DGS, by January 1, 2019, to establish and publish in the SCM, a maximum acceptable GWP for each category of eligible materials in accordance with both of the following requirements:
   1. DGS shall set the maximum acceptable GWP as the industry average of facility-specific GWP emissions for that material. DGS shall determine the industry average by consulting nationally or internationally recognized databases of EPDs.
   2. DGS shall express the maximum acceptable GWP as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials. The GWP shall be provided in a manner that is consistent with criteria in an EPD.
2. Defines “eligible materials” to mean any of the following:
   1. Carbon steel rebar.
   2. Flat glass.
   3. Mineral wool board insulation.
   4. Structural steel.
3. Defines an “eligible project” to mean a project that the awarding authority determines will require an eligible product.
4. Requires DGS, by January 1, 2019, to submit a report to the Legislature that describes the method that it used to develop the maximum acceptable GWP for each category of eligible materials, as specified.
5. Requires DGS, by January 1, 2022, and every three years thereafter, to review the maximum acceptable GWP for each category of eligible materials and may adjust that number downward, but not upward, for any eligible material to reflect industry improvements if DGS determines that the industry average has changed. At that time, DGS shall update the SCM to reflect the adjustment.
6. Requires an awarding authority to include in a specification for a bid for an eligible project that the facility-specific GWP for any eligible materials does not exceed the maximum acceptable GWP for that material.
7. Requires an awarding authority to require a successful bidder to submit a current EPD, developed in accordance with specified standards, for that type of product.
8. Prohibits a successful bidder from installing any eligible materials on an eligible project until that bidder submits and EPD to the awarding authority for that project.
9. Authorizes an awarding authority to include in a specification for bids for an eligible project a facility-specific GWP for any eligible material that is lower than the maximum acceptable GWP for that material.
10. Requires an awarding authority, in carrying out its duties under the act, to strive to continuously reduce emissions over time.
11. Defines an “awarding authority” to mean the following:
    1. Department of Water Resources.
    2. Department of Transportation.
    3. Department of Boating and Waterways.
    4. Department of Corrections and Rehabilitation.
    5. Military Department.
    6. Department of General Services.
    7. University of California (UC).
    8. California State University (CSU).
12. Requires DGS, by January 1, 2022, to submit a report to the Legislature, as specified, on any obstacles to the implementation of this bill and the effectiveness of this bill to reduce GWP.
13. Specifies that the provisions of this bill should only apply to a contract entered into on or after July 1, 2019.
14. Makes various legislative findings pertaining to climate change.

Background

Purpose of the bill. According to the author’s office, “California has rightfully taken a lead on reducing climate change pollution and other associated air pollution. Manufacturers who are based here follow some of the most stringent pollution control requirements in the nation, if not the world. Yet when the state prepares to procure large quantities of commodities used in infrastructure, when it prepares to spend billions of dollars, there is no mechanism to recognize clean manufacturers for their investment. This bill will help advance California’s efforts to address climate change. It will create a model than can be carried to other states. It represents another powerful step toward making sure our children have a livable state and a livable planet.”

Environmental Product Declaration. An EPD is a comprehensive, internationally accepted report that documents the ways in which a product, throughout its lifecycle, affects the environment. It describes the lifecycle story of a product in a single, written report, focusing on information about a product’s environmental impact, such as global warming, ozone depletion, water pollution, ozone creation, and GHG emissions. Having an EPD for a particular material does not imply that the material is environmentally superior to alternatives, but is simply a transparent description and record of the life-cycle environmental impact of that particular product.

The goal of an EPD is to act as a tool that helps purchasers better understand a product’s sustainable qualities and environmental impact and help them with their product selection. An EPD can be used in a variety of ways, including procurement and building assessments.

The bill would require a successful bidder to submit a current EPD and prohibit a successful bidder from installing any eligible materials until the bidder submits a facility-specific EPD for that material to the awarding authority.

Global warming potentials. Greenhouse gases warm the Earth by absorbing and slowing the rate at which energy escapes to space. Different GHGs can have different effects on the warming of the Earth.

GWP is a measure of how much heat GHG traps in the Earth’s atmosphere. It was developed to allow comparisons of the global warming impacts of different gases. The larger the GWP, the more that the given gas warms the Earth compared to carbon dioxide (CO2).

This bill requires DGS to set a maximum acceptable GWP for each eligible material in this bill. The maximum acceptable GWP would be determined by DGS as the average GWP emissions for that specific material, which DGS would be required to include in the SCM and update accordingly.

Under this bill, specified state departments, the UC, and the CSU would be required to include in a specification for a bid that the GWP for any eligible material does not exceed the maximum acceptable GWP for that material. The successful bidder must then submit a current EPD for that type of material.

Related/Prior Legislation

AB 2181 (Brown, 2016) would have required specified state departments, the UC, and the CSU to evaluate the impact of GHG emissions on certain infrastructure project and incorporate GHG emissions considerations into their procurement processes. (Held in the Assembly Appropriations Suspense File)

AB 963 (Levine, 2013) would have provided a 3% bid preference on certain state contracts for bidders having a record of “environmentally preferable purchasing” as currently defined in state law. (Held in the Assembly Appropriations Suspense File)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, one-time costs to DGS of up to hundreds of thousands of dollars to establish the maximum acceptable global warming potential for each category of eligible materials and to publish those thresholds in the SCM.

Also, ongoing costs between $100,000 to $200,000 per year for additional workload for DGS to review and analyze EPDs submitted on public works projects that the department manages.

In addition, significant, ongoing costs, likely in the millions of dollars, for state departments conducting public works projects using the materials identified in this bill. This has the potential to reduce the pool of eligible materials for these projects which could lead to an increase in bid price thereby increasing project costs.

Finally, unknown, potentially significant costs for DGS to report to the Legislature on the method used to determine the maximum acceptable global warming potential for each category of eligible materials and on any obstacles in the implementation of the provisions of this bill and the effectiveness of these provisions in reducing global warming potential.

SUPPORT: (Verified 9/1/17)

American Lung Association

Asian Pacific Environmental Justice Alliance

BlueGreen Alliance

Breathe California

California Against Waste

California Environmental Justice Alliance

California Labor Federation

California League of Conservation Voters

California Young Democrats

California Metals Coalition

Catholic Charities of the Diocese of Stockton

Central Concrete Supply Company

Clean Water Action

Climate Earth, Inc.

Coalition for Clean Air

Communications Workers of America, District 9

Environment California

Environmental Defense Fund

Gerdau Steel

Filipino/American Coalition for Environmental Solidarity

Friends of the Earth

Fossil Free CA

National Council of Jewish Women, Los Angeles

Natural Resources Defense Council

San Diego 350

Service Employees International Union

Sierra Club California

State Building and Construction Trades Council, AFL-CIO

Stopwaste

Union of Concerned Scientists

United Steelworkers

Voices for Progress Education Fund

Various Individuals

350 BayArea

OPPOSITION: (Verified 9/1/17)

None received

ARGUMENTS IN SUPPORT: According to the BlueGreen Alliance, “while California may be a climate change leader, current state contracting and procurement rules for infrastructure construction do not take into consideration the GHGs produced within the supply chain of materials used in infrastructure. The bills’ implementation will acknowledge a clean manufacturer’s investment in lower emission production and pollution control equipment, while also creating an incentive for dirtier factories to lower emissions to be more competitive.”

The California Labor Federation argues that, “despite the numerous efforts the state has made to counter climate change, California is second only to Texas as the highest climate polluting state, emitting 360 million metric tons of carbon annually. One reason is that California invests billions of dollars annually in public infrastructure and a major source of GHG emissions come from the manufacturer of materials used in those infrastructure projects. Currently, no state law requires agencies to take into account climate when evaluating bids for infrastructure. AB 262 follows in the footsteps of the U.S. Navy, CalPERS, Apple, Google, and other companies that are implementing similar Buy Clean programs to lessen the impact of their infrastructure investments on the environment.”

ASSEMBLY FLOOR: 68-3, 5/31/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Caballero, Grayson

NO VOTE RECORDED: Bigelow, Brough, Chen, Choi, Eggman, Mayes, Melendez, Obernolte, Patterson

Prepared by:

9/6/17 9:25:34

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 262 (Bonta) - Public contracts: bid specifications: Buy Clean California Act

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 262 would require, by January 1, 2019, the Department of General Services (DGS) to establish, and publish in the State Contracting Manual (SCM), a maximum acceptable global warming potential (GWP) for each category of eligible materials, as specified. Additionally, this bill would require a successful bidder to submit a current Environmental Product Declaration (EPD), developed in accordance with specified standards for that type of product.

Fiscal Impact:

• One-time costs to DGS up to the hundreds of thousands of dollars to establish the maximum acceptable global warming potential for each category of eligible materials and to publish those thresholds in the State Contracting Manual. (GF)
• Ongoing costs between $100,000 to $200,000 per year for additional workload for DGS to review and analyze EPDs submitted on public works projects that the department manages. (GF)
• Significant, ongoing costs, likely in the millions of dollars, for state departments conducting public works projects using the materials identified in this bill. This has the potential to reduce the pool of eligible materials for these projects which could lead to an increase in bid price thereby increasing project costs.
• Unknown, potentially significant costs for DGS to report to the Legislature on the method used to determine the maximum acceptable global warming potential for each category of eligible materials and on any obstacles in the implementation of the provisions of this bill and the effectiveness of these provisions in reducing global warming potential.

Background:

State Contracting Manual: The State Contracting Manual (SCM) is compiled by DGS and is intended to act as a resource to persons and companies involved in California’s state contracting process. The manual provides policies, procedures, and guidelines to promote sound business decisions and practices in securing services for the state.

Greenhouse Gas (GHG) Emissions Goals: GWP is a measure of how much heat a GHG traps in the atmosphere and is used as a comparison of the global warming impacts of different gases. The California Global Warming Solutions Act of 2006 (AB 32, Núñez and Pavley, Chapter 488, Statutes of 2006) requires the Air Resources Board (ARB) to determine the 1990 statewide GHG emissions level and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020. In 2015, Governor Brown issued an Executive Order to set a target of reducing statewide GHG emissions to 80% below 1990 levels by 2050 and an interim statewide GHG emissions reduction target of 40% below 1990 levels by 2030.

Environmental Product Declaration (EPD): An EPD is an independently verified and registered document that reports information about the life-cycle environmental impacts of products. An EPD is comparable to a nutrition label on food products – it is not an endorsement or disapproval of a product nor does it imply that a product is environmentally superior or inferior to others.

Proposed Law:

This bill would:

• Require DGS, by January 1, 2019, to establish, and publish in the SCM, a maximum acceptable GWP for each category of eligible materials in accordance with both of the following requirements:
  • DGS would be required to set the maximum acceptable GWP as the industry average of facility-specific GWP emissions for that material and determine the industry average by consulting nationally or internationally recognized databases of EPDs;
  • DGS would be required to express the maximum acceptable GWP as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials. The GWP shall be provided in a manner that is consistent with criteria in an EPD;
• Define “eligible materials” and “eligible project”;
• Require DGS, by January 1, 2019, to submit a report to the Legislature that describes the method that it used to develop the maximum acceptable GWP for each category of eligible materials, as specified;
• Require DGS, by January 1, 2022, and every three years thereafter, to review the maximum acceptable GWP for each category of eligible materials and may adjust that number downward, but not upward, for any eligible material to reflect industry improvements if DGS determines that the industry average has changed. At that time, DGS shall update the SCM to reflect the adjustment;
• Require an awarding authority to include in a specification for a bid for an eligible project that the facility-specific GWP for any eligible materials does not exceed the maximum acceptable GWP for that material and require an awarding authority to require a successful bidder to submit a current EPD, developed in accordance with specified standards, for that type of product;
• Prohibit a successful bidder from installing any eligible materials on an eligible project until that bidder submits an EPD to the awarding authority for that project;
• Authorize an awarding authority to include in a specification for bids for an eligible project a facility-specific GWP for any eligible material that is lower than the maximum acceptable GWP for that material;
• Require an awarding authority, in carrying out its duties under the act, to strive to continuously reduce emissions over time;
• Require DGS, by January 1, 2022, to submit a report to the Legislature, as specified, on any obstacles to the implementation of this bill and the effectiveness of this bill to reduce GWP;
• Specify that the provisions of this bill should only apply to a contract entered into on or after July 1, 2019.

Related Legislation:

AB 2181 (Brown, 2016) would have required specified state departments, the University of California, and the California State University to evaluate the impact of GHG emissions on certain infrastructure project and incorporate GHG emissions considerations into their procurement processes. This bill was held in the Assembly Appropriations Committee.

AB 963 (Levine, 2013) would have provided a 3% bid preference on certain state contracts for bidders having a record of “environmentally preferable purchasing” as currently defined in state law. This bill was held in the Assembly Appropriations Committee.

AB 32 (Nuñez, Chapter 488, Statutes of 2006) enacted the Global Warming Act of 2006, which creates a statewide GHG emission limit that would reduce emissions by 25% by 2020.

AB 2160 (Lieu, Chapter 742, Statutes of 2006) required the state to identify and develop appropriate financing and project delivery mechanisms to facilitate state and private sector commercial building projects that are energy and resource efficient.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: AB 262

SUBJECT: Public contracts: bid specifications: Buy Clean California Act.

ANALYSIS:

Existing law:

1. Requires, under the California Global Warming Solutions Act of 2006 (also known as AB 32), the Air Resources Board (ARB) to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit that is equivalent to that level to be achieved by 2020. (Health and Safety Code (HSC) §38500 et seq.).
   
2. Requires ARB to ensure that statewide GHG emissions are reduced to at least 40% below the 1990 level by December 31, 2030. (HSC §38566).
   
3. Pursuant to the State Contract Act, which governs the bidding of public works contracts by specified state agencies, requires an awarding agency, before entering into a contract for a project, to prepare full, complete, and accurate plans, specifications, and estimates of costs. (Public Contract Code §10100 et seq.).
   
4. Requires state agencies to:
   
   1. Purchase products that contain specified minimum amounts of postconsumer recycled-content material in 11 reportable product categories: glass products; printing and writing paper; mulch, compost, and cocompost; glass products; lubricating oils; plastic products; paint; antifreeze; tires; tire-derived products; and, metal products;
      
   2. Ensure that at least 50% of the purchases in the product categories are for recycled-content products;
      
   3. Report annually to the California Department of Resources Recovery and Recycling (CalRecycle) dollars spent on recycled and non-recycled products purchased in the 11 categories; and,
      
   4. Beginning in 2020, increases the buy-recycled requirement to 75% of reportable purchases for all product categories except paint, antifreeze, and tires.
      

This bill:

1. Establishes the Buy Clean California Act.
   
2. Requires the Department of General Services (DGS), by January 1, 2019, to establish, and publish in the State Contracting Manual (SCM), a maximum acceptable global warming potential (GWP) for each category of eligible materials in accordance with requirements, as specified.
3. Defines “eligible materials” to mean any of the following:
   
   1. Brass pipe and pipe fittings.
   2. Carbon steel rebar.
   3. Flat glass.
   4. Mineral wool insulation.
   5. Steel line pipe.
   6. Structural steel.
   7. Structural steel pipe.
      
4. Defines an “eligible project” to mean a project that the awarding authority determines will require an eligible product.
   
5. Requires DGS, by January 1, 2022, and every three years thereafter, to review the maximum acceptable GWP for each category of eligible materials and may adjust that number downward, but not upward, for any eligible material to reflect industry improvements if DGS determines that the industry average has changed. At that time, DGS shall update the SCM to reflect the adjustment.
   
6. Defines “awarding authority” as the following:
   
   1. A state agency for a contract for a public works project that is subject to the State Contract Act;
      
   2. The Regents of the University of California; or,
      
   3. The Trustees of the California State University.
      
7. Requires an awarding authority to include in a specification for a bid for an eligible project that the facility-specific GWP for any eligible materials does not exceed the maximum acceptable GWP for that material.
   
8. Requires an awarding authority to require a successful bidder to submit a current Environmental Product Declaration (EDP), developed in accordance with specified standards, for that type of product.
   
9. Prohibits a successful bidder from installing any eligible materials on an eligible project until that bidder submits an EPD to the awarding authority for that project.
   
10. Authorizes an awarding authority to include in a specification for bids for an eligible project a facility-specific GWP for any eligible material that is lower than the maximum acceptable GWP for that material.
    
11. Requires that the provisions of this bill apply to a contract entered into on or after July 1, 2019.
    
12. Requires DGS by January 1, 2019, to submit a report to the Legislature that describes the method that it used to develop the maximum acceptable GWP for each category of eligible materials, as specified.
    
13. Makes various legislative findings pertaining to climate change.

Background

1. GHG Emissions Goals. AB 32 (Núñez and Pavley, Chapter 488, Statutes of 2006), also known as the California Global Warming Solutions Act of 2006, requires ARB to determine the 1990 statewide GHG emissions level and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020, and to adopt GHG emissions reductions measures by regulation.
   
   In 2015, Governor Brown issued Executive Order B-30-15, which set a target of reducing statewide GHG emissions to 80% below 1990 levels by 2050, and an interim statewide GHG emissions reduction target of 40% below 1990 levels by 2030.
   
   SB 32 (Pavley, Chapter 249, Statutes of 2016) codified the 2030 GHG emissions reductions target in the Governor’s Executive Order.
   
2. California Infrastructure. The investment in physical infrastructure is a core function of state government. Infrastructure and capital assets allow for the delivery of key public services and the movement of goods across the state. The Governor’s 2017 Five-Year Infrastructure Plan proposes investing $43 billion in state infrastructure over the next five years.
   
3. Integrating climate change into infrastructure planning and investment. Governor Brown signed Executive Order (EO) B-30-15 in April 2015. The EO directs state agencies to consider climate change in all planning and investment decisions. Specifically, the EO establishes a statewide GHG emissions reduction target of 40% below 1990 levels by 2030, and reiterates the state’s commitment to long-term GHG emissions reductions.
   
   In addition, the EO requires agencies to incorporates climate change impacts into infrastructure planning, and sets forth a series of actions to increase the state’s resilience to climate change. These include the requirement that state agencies are required to prioritize actions that both build climate preparedness and reduce GHG emissions; whenever possible, use flexible and adaptive approaches to prepare for uncertain climate impacts; protect the state’s most vulnerable populations; prioritize natural infrastructure solutions; and employ full lifecycle cost accounting in all infrastructure investments.
   
4. What is an Environmental Product Declaration (EPD)? An EPD is an independently verified and registered document that communicates transparent and comparable information about the life-cycle environmental impacts of products. EPD works similarly to a nutrition label on food products – it is not a subjective endorsement of a product and does not imply whether the product is environmentally superior to others; but rather an EPD is an objective informational statement regarding the life-cycle environmental impact.

Comments

1. Purpose of Bill. According to the author:
   

California has rightfully taken a lead on reducing climate change pollution and other assorted air pollution. Manufacturers who are based here follow some of the most stringent pollution control requirements in the nation, if not the world. Yet when the state prepares to procure large quantities of commodities used in infrastructure, when it prepares to spend billions of dollars, there is no mechanism to recognize clean manufacturers for their investment.

This bill will require the state to procure clean materials. At the same time, it will send a signal to manufacturers around the world that if you want to compete in the California market, you’ll have to meet the standards established by the state and spelled out in the published bid specifications. This bill follows a growing trend in construction toward green building and sustainability. Manufacturers around the world are participating in third-party certified programs through which they analyze and disclose their environmental footprint, including their greenhouse gas emissions. These third-party verified certificates are called Environmental Product Declarations or EPDs.

This bill will help advance California’s efforts to address climate change. It will create a model that can be carried to other states. It represents another powerful step toward making sure our children have a livable state and a livable planet.

1. Consistent with the Governor’s Infrastructure Plan. The Governor has released the 2017 California Five-Year Infrastructure Plan. The plan includes information from each agency on how climate change is being addressed within their departments. For example, the Judicial Council notes that its strategies include promoting healthy indoor environment, using environmentally friendly building materials, recycling materials during construction and demolition, and using flexible designs that anticipate future changes and enhance building longevity. Also, agencies have provided information to the Strategic Growth Council regarding how sustainability and adaptation to climate change was considered for projects in the Governor’s Budget. This bill seems consistent with the efforts made by the Administration in the Governor’s infrastructure plan.
   
2. “Global warming potential.” “Global warming potential” is a term of art that refers to the relative emissions impacts of GHG pollutants. For example, methane is much more destructive than carbon. The term refers to the relative global warming potential between those two global warming pollutants, which may not accurately reflect the intent of this bill. Perhaps there are other terms that may better fit, such as GHG emissions per unit product, which refers to the life-cycle emissions of a product. Should this bill move forward, the author needs to work with the committee to ensure that the term used best fits the intent of this bill.
   
3. GHG emissions expertise. This bill requires DGS to establish and publish in the SCM, a maximum acceptable GWP for each category of eligible materials, as specified. Although DGS is in charge of the SCM, it is not the expert in GHG emissions; rather, ARB has the knowledge and expertise on this issue. The Committee may wish to consider amending the bill to require DGS to consult with ARB regarding the maximum acceptable GWPs prior to being established and published in the SCM.
   

DOUBLE-REFERRAL:

This measure was heard in Senate Governmental Organization Committee on June 27, 2017, and passed out of committee with a vote of 11-1.

Related/Prior Legislation

AB 2181 (Brown) of 2016 would have required specified state departments, University of California, and California State University to evaluate the impact of GHG emissions on certain infrastructure projects and incorporate GHG emissions considerations into their procurement processes. AB 2181 was held in the Assembly Appropriations Committee.

AB 963 (Levine, 2013) would have provided a 3% bid preference on certain state contracts for bidders having a record of “environmentally preferable purchasing.” AB 963 was held in the Assembly Appropriations Committee.

AB 32 (Núñez and Pavley, Chapter 488, Statutes of 2006) enacted the Global Warming Solutions Act of 2006, which creates a statewide GHG emission limit that would reduce emissions by 25% by 2020.

AB 2160 (Lieu, Chapter 742, Statutes of 2006) required the state to identify and develop appropriate financing and project delivery mechanisms to facilitate state and private sector commercial building projects that are energy and resource efficient.

SOURCE:

Author

SUPPORT:

American Lung Association in California

Asian Pacific Environmental Network

BlueGreen Alliance

Breathe California

California Environmental Justice Alliance

California Labor Federation

California League of Conservation Voters

California Metals Coalition

California Young Democrats

Californians Against Waste

Catholic Charities of the Diocese of Stockton

Central Concrete Supply Co.

Clean Water Action

Climate Earth, Inc.

Coalition for Clean Air

Communications Workers of America, District 9

Environment California

Environmental Defense Fund

Filipino/American Coalition for Environmental Solidarity (FACES)

Fossil Free CA

Friends of the Earth

Gerdau Steel

National Council of Jewish Women, Los Angeles

Natural Resources Defense Council

San Diego 350 Climate Change Action

Service Employees International Union

Sierra Club California

State Building and Construction Trades Council

StopWaste

The Trust for Public Land

Union of Concerned Scientists

United Steelworkers District 12

Voices for Progress Education Fund (57 Individuals)

350 Bay Area

350 Sacramento

Individual (1)

OPPOSITION:

None received

-- END –

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: 6/27/2017

SUBJECT:

DIGEST: This bill requires, by January 1, 2019, the Department of General Services (DGS) to establish, and publish, in the State Contracting Manual (SCM), a maximum acceptable global warming potential (GWP) for each category of eligible materials, as specified. In addition, the bill requires a successful bidder to submit a current Environmental Product Declaration (EPD), developed in accordance with specified standards, for that type of product.

ANALYSIS:

Existing law:

1. Governs, under the State Contract Act, the bidding of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans, specifications, and estimates of costs.
2. Establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California (UC), including requiring the Regents to prepare plans and specifications before entering into a contract for a project.
3. Governs, under the California State University (CSU) Contract Law, the contracting for building and improvement projects by the CSU and imposes specific competitive bidding requirements for the Trustees of the CSU, including requiring the trustees to prepare full, complete, and accurate plans and specification for a project.
4. Requires the Air Resources Board, pursuant to the California Global Warming Solutions Act of 2006, to adopt statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020 and adopt regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions.

This bill:

1. Requires DGS, by January 1, 2019 to establish, and publish in the SCM, a maximum acceptable GWP for each category of eligible materials in accordance with both of the following requirements:
   1. DGS shall set the maximum acceptable GWP as the industry average of facility-specific GWP emissions for that material. DGS shall determine the industry average by consulting nationally or internationally recognized databases of EPDs.
   2. DGS shall express the maximum acceptable GWP as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials. The GWP shall be provided in a manner that is consistent with criteria in an EPD.
2. Defines “eligible materials” to mean any of the following:
   1. Brass pipe and pipe fittings.
   2. Carbon steel rebar.
   3. Flat glass.
   4. Mineral wool insulation.
   5. Steel line pipe.
   6. Structural steel.
   7. Structural steel pipe.
3. Defines an “eligible project” to mean a project that the awarding authority determines will require an eligible product.
4. Requires DGS, by January 1, 2019, to submit a report to the Legislature that describes the method that it used to develop the maximum acceptable GWP for each category of eligible materials, as specified.
5. Requires DGS, by January 1, 2022, and every three years thereafter, to review the maximum acceptable GWP for each category of eligible materials and may adjust that number downward, but not upward, for any eligible material to reflect industry improvements if DGS determines that the industry average has changed. At that time, DGS shall update the SCM to reflect the adjustment.
6. Requires an awarding authority to include in a specification for a bid for an eligible project that the facility-specific GWP for any eligible materials does not exceed the maximum acceptable GWP for that material.
7. Requires an awarding authority to require a successful bidder to submit a current EPD, developed in accordance with specified standards, for that type of product.
8. Prohibits a successful bidder from installing any eligible materials on an eligible project until that bidder submits and EPD to the awarding authority for that project.
9. Authorizes an awarding authority to include in a specification for bids for an eligible project a facility-specific GWP for any eligible material that is lower than the maximum acceptable GWP for that material.
10. Requires an awarding authority, in carrying out its duties under the act, to strive to continuously reduce emissions over time.
11. Defines an “awarding authority” to mean the following:
    1. Department of Water Resources.
    2. Department of Transportation.
    3. Department of Boating and Waterways.
    4. Department of Corrections and Rehabilitation.
    5. Military Department.
    6. Department of General Services.
    7. University of California (UC).
    8. California State University (CSU).
12. Requires DGS, by January 1, 2022, to submit a report to the Legislature, as specified, on any obstacles to the implementation of this bill and the effectiveness of this bill to reduce GWP.
13. Specifies that the provisions of this bill should only apply to a contract entered into on or after July 1, 2019.
14. Makes various legislative findings pertaining to climate change.

Background

Purpose of the bill. According to the author’s office, “California has rightfully taken a lead on reducing climate change pollution and other associated air pollution. Manufacturers who are based here follow some of the most stringent pollution control requirements in the nation, if not the world. Yet when the state prepares to procure large quantities of commodities used in infrastructure, when it prepares to spend billions of dollars, there is no mechanism to recognize clean manufacturers for their investment. This bill will help advance California’s efforts to address climate change. It will create a model than can be carried to other states. It represents another powerful step toward making sure our children have a livable state and a livable planet.”

State Contracting Manual. The SCM is compiled by DGS and is intended to act as a resource to persons and companies involved in California’s state contracting process. The SCM provides policies, procedures, and guidelines to promote sound business decisions and practices in securing services for the State. The SCM does not eliminate or override statutory requirements, or requirements implemented by way of superseding Executive Orders and Management Memos. The SCM is available on DGS’ internet Web site.

This bill would require DGS, by January 1, 2019, to establish, and publish, in the SCM, a maximum acceptable GWP for each category of eligible materials. Eligible materials are defined in the bill to include brass pipe, pipe fittings, carbon steel rebar, flat glass, mineral wood insulation, steel line pipe, structural steel, and structural steel pipe.

Environmental Product Declaration. An EPD is a comprehensive, internationally accepted report that documents the ways in which a product, throughout its lifecycle, affects the environment. It describes the lifecycle story of a product in a single, written report, focusing on information about a product’s environmental impact, such as global warming, ozone depletion, water pollution, ozone creation, and GHG emissions. Having a EPD for a particular material does not imply that the material is environmentally superior to alternatives, but is simply a transparent description and record of the life-cycle environmental impact of that particular product.

The goal of an EPD is to act as a tool that helps purchasers better understand a product’s sustainable qualities and environmental impact and help them with their product selection. An EPD can be used in a variety of ways, including procurement and building assessments.

The bill would require a successful bidder to submit a current EPD and prohibit a successful bidder from installing any eligible materials until the bidder submits a facility-specific EPD for that material to the awarding authority.

Global warming potentials. Greenhouse gases warm the Earth by absorbing and slowing the rate at which energy escapes to space. Different GHGs can have different effects on the warming of the Earth.

GWP is a measure of how much heat a GHG traps in the Earth’s atmosphere. It was developed to allow comparisons of the global warming impacts of different gases. The larger the GWP, the more that the given gas warms the Earth compared to carbon dioxide (CO2).

This bill would require DGS to set a maximum acceptable GWP for each eligible material in this bill. The maximum acceptable GWP would be determined by DGS as the average GWP emissions for that specific material, which DGS would be required to include in the SCM and update accordingly.

Under this bill, specified state departments, the UC, and the CSU would be required to include in a specification for a bid that the GWP for any eligible material does not exceed the maximum acceptable GWP for that material. The successful bidder must then submit a current EPD for that type of material.

Prior/Related Legislation

AB 2181 (Brown, 2016) would have required specified state departments, the UC, and the CSU to evaluate the impact of GHG emissions on certain infrastructure project and incorporate GHG emissions considerations into their procurement processes. (Held in the Assembly Appropriations Suspense File)

AB 963 (Levine, 2013) would have provided a 3% bid preference on certain state contracts for bidders having a record of “environmentally preferable purchasing” as currently defined in state law. (Held in the Assembly Appropriations Suspense File)

AB 32 (Nuñez, Chapter 488, Statutes of 2006) enacted the Global Warming Act of 2006, which creates a statewide GHG emission limit that would reduce emissions by 25% by 2020.

AB 2160 (Lieu, Chapter 742, Statutes of 2006) required the state to identify and develop appropriate financing and project delivery mechanisms to facilitate state and private sector commercial building projects that are energy and resource efficient.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

American Lung Association

Asian Pacific Environmental Justice Alliance

BlueGreen Alliance

Breathe California

California Against Waste

California Environmental Justice Alliance

California Labor Federation

California League of Conservation Voters

California Young Democrats

California Metals Coalition

Catholic Charities of the Diocese of Stockton

Central Concrete Supply Company

Clean Water Action

Climate Earth, Inc.

Coalition for Clean Air

Communications Workers of America, District 9

Environment California

Environmental Defense Fund

Gerdau Steel

Filipino/American Coalition for Environmental Solidarity

Friends of the Earth

Fossil Free CA

National Council of Jewish Women, Los Angeles

Natural Resources Defense Council

San Diego 350

Service Employees International Union

Sierra Club California

State Building and Construction Trades Council, AFL-CIO

Stopwaste

Union of Concerned Scientists

United Steelworkers

Voices for Progress Education Fund

Various Individuals

350 BayArea

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the BlueGreen Alliance, “while California may be a climate change leader, current state contracting and procurement rules for infrastructure construction do not take into consideration the GHGs produced within the supply chain of materials used in infrastructure. The bill’s implementation will acknowledge a clean manufacturer’s investment in lower emission production and pollution control equipment, while also creating an incentive for dirtier factories to lower emissions to be more competitive.”

The California Labor Federation argues that, “despite the numerous efforts the state has made to counter climate change, California is second only to Texas as the highest climate polluting state, emitting 360 million metric tons of carbon annually. One reason is that California invests billions of dollars annually in public infrastructure and a major source of GHG emissions come from the manufacturer of materials used in those infrastructure projects. Currently, no state law requires agencies to take into account climate when evaluating bids for infrastructure. AB 262 follows in the footsteps of the U.S. Navy, CalPERS, Apple, Google, and other companies that are implementing similar Buy Clean programs to lessen the impact of their infrastructure investments on the environment.”

DUAL REFERRAL: Senate Environmental Quality Committee

ASSEMBLY THIRD READING

ATR Bill Id:AB 262

Author:(Bonta and Eggman)

As Amended Ver:May 30, 2017

Majority vote

SUMMARY: Requires the Department of General Services (DGS) to establish standards used in the bid process related to greenhouse gas (GHG) emissions when certain eligible materials are used in state public works projects. Specifically, this bill:

1. Requires DGS by January 1, 2019, to establish and publish in the State Contracting Manual a maximum acceptable global warming potential (MAGWP) for each eligible material.
2. Defines eligible materials to include brass pipe and pipe fittings; carbon steel rebar; flat glass; iron pipe and pipe fittings; mineral wool insulation; steel line pipe; structural steel; and structural steel pipe.
3. Specifies how DGS should determine the MAGWP for each eligible material.
4. Requires a successful bidder to submit an Environmental Product Declaration (EPD) or similar assessment for each eligible material proposed to be used to ensure the product does not exceed the MAGWP.
5. Applies the provisions of this bill to the Department of Water Resources, Department of Transportation, Department of Boating and Waterways, Department of Corrections and Rehabilitation, Military Department, DGS, University of California, and California State University.
6. Requires DGS to submit reports to the Legislature.
7. States that climate change will have devastating global impacts, and that California, thorough its purchasing power, can improve environmental outcomes and accelerate GHG reductions.

EXISTING LAW: Generally requires the state to award bids for public works projects to the lowest responsible bidder.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. One-time cost of up to $500,000 (General Fund (GF)) to DGS to establish the MAGWP for each category of eligible materials and publish those thresholds in the State Contracting Manual.
2. Unknown, but likely minor, costs (GF) to DGS to review the winning bids to ensure the EPD for each eligible material proposed to be used to ensure the product does not exceed the MAGWP.
3. Unknown costs to DGS to report on the method used to determine the MAGWP for each category of eligible materials, and any obstacles to implementation of this and its effectiveness in reducing global warming potential.
4. Likely cost increases, potentially in the millions of dollars, for state infrastructure projects using materials identified in this bill, due to the increased cost of materials and to the extent the pool of bidders shrinks.
5. One-time costs in the range of $150,000 to $250,000 (GF) to the California State University, to participate in the development of the system.

COMMENTS: This bill requires DGS to determine the MAGWP for specified eligible products and incorporate these standards when entities bid on state public works projects. To develop these standards, this bill requires DGS to determine the industry average of facility-specific global warming potential emissions by consulting nationally or internationally recognized databases of EPDs. Then, DGS would set the MAGWP at the industry average for the specified material.

This bill requires an awarding authority to include in specifications for bids for a project with an eligible material that the material does not exceed the MAGWP. The successful bidder would be required to submit an EPD or similar assessment to certify the eligible material to be used would meet the standard. Under this bill, the awarding authorities would be allowed to include bid specifications with impacts less than the MAGWP.

By January 1, 2022, and every three years after, the bill requires DGS to review the MAGWP for each eligible material. The MAGWP could be adjusted downward based on industry improvements, but could not be increased.

This bill requires DGS to report to the Legislature by January 1, 2019 with the method DGS used to develop the MAGWP. Additionally, DGS must submit a report to the Legislature by January 1, 2022 with obstacles to the implementation of this bill, and its effectiveness in reducing global warming potential.

According to the author, "By focusing California's infrastructure purchasing power, AB 262 will help the state fulfill its climate policy goal already established by the Legislature."

Analysis Prepared by: Scott Herbstman / A. & A.R. / (916) 319-3600 FN: 0000612

Date of Hearing: May 24, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 262

Author:(Bonta) – As Amended Ver:May 10, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of General Services (DGS) to establish standards used in the bid process related to greenhouse gas (GHG) emissions when certain eligible materials are used in state public works projects. Specifically, this bill:

1. Requires DGS by January 1, 2019, to establish and publish in the State Contracting Manual a maximum acceptable global warming potential (MAGWP) for each eligible material.
2. Defines eligible materials to include brass pipe and pipe fittings; carbon steel rebar; concrete; flat glass; iron pipe and pipe fittings; mineral wool insulation; steel line pipe; structural steel; and structural steel pipe.
3. Specifies how DGS should determine the MAGWP for each eligible material.
4. Requires a successful bidder to submit an Environmental Product Declaration (EPD) or similar assessment for each eligible material proposed to be used to ensure the product does not exceed the MAGWP.
5. Applies the provisions of this bill to the Department of Water Resources, Department of Transportation, Department of Boating and Waterways, Department of Corrections and Rehabilitation, Military Department, DGS, University of California, and California State University.
6. Requires DGS to submit reports to the Legislature.

FISCAL EFFECT:

1. One-time cost of up to $500,000 (GF) to DGS to establish the maximum acceptable global warming potential for each category of eligible materials and publish those thresholds in the State Contracting Manual.
2. Unknown, but likely minor, costs (GF) to DGS to review the winning bids to ensure the EPD for each eligible material proposed to be used to ensure the product does not exceed the MAGWP.
3. Unknown costs to DGS to report on the method used to determine the MAGWP for each category of eligible materials, and any obstacles to implementation of this and its effectiveness in reducing global warming potential.
4. Likely cost increases, potentially in the millions of dollars, for state infrastructure projects using materials identified in this bill, due to the increased cost of materials and to the extent the pool of bidders shrinks.
5. One-time costs in the range of $150,000 to $250,000 (GF) to the California State University, to participate in the development of the system.

COMMENTS:

1. Purpose. According to the author:

“The manufacture and transport of materials used in public infrastructure projects are a major source of [GHG] emissions. California state public works contracts do not currently take into account the pollution profile of manufacturers supplying these. Manufacturers who have invested in reducing pollution are not recognized in the bidding process…

“California spends on average about $10 billion a year on infrastructure, such as roads, bridges, and public buildings. By focusing California's infrastructure purchasing power, AB 262 will help the state fulfill its climate policy goal already established by the Legislature. The US Navy, CalPERS, and companies such as Apple, Google, and others are already implementing policies and programs that consider GHG emissions in the supply chain when making purchases.”

1. Background. “Leakage" refers to GHG emissions reductions in state that are replaced by increased GHG emissions out-of-state. AB 32 requires the Air Resources Board (ARB) to design measures to minimize leakage. Industries for which production is highly emissions intensive, which results in high compliance costs, and industries facing strong competition from out-of-state producers are generally at highest risk of leakage. In order to minimize leakage risk, ARB provides free allocations to at-risk industries (identified by the North American Industry Classification System codes) into high, medium, or low risk for leakage. Over time, ARB will reduce the percentage of free allocations for medium and low risk industry sectors. The "eligible materials" identified in this bill are at a high risk for leakage.
2. Previous legislation. AB 2181 (Brown) of the 2015-2016 Legislative Session, would have required specified state departments, UC, and CSU to evaluate the impact of GHG emissions on certain infrastructure projects and incorporate GHG emissions considerations into their procurement processes. This bill was held in the Assembly Appropriations Committee.
   

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2017

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Cristina Garcia, Chair

ABPCA Bill Id:AB 262 (

Author:Bonta) – As Amended Ver:March 27, 2017

SUBJECT: Public contracts: lowest responsible bidder: eligible materials

SUMMARY: Requires bidders on state contracts to include greenhouse gas (GHG) emissions information for specified materials in the bid and requires specified state entities to evaluate these bids based on a system developed by the Department of General Services (DGS).

EXISTING LAW:

1. Requires the Air Resources Board (ARB), pursuant to California Global Warming Solutions Act of 2006 (AB 32), to adopt a statewide GHG emissions limit equivalent to 1990 levels by 2020 and adopt regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. AB 32 authorizes ARB to permit the use of market-based compliance mechanisms to comply with GHG reduction regulations, once specified conditions are met.
2. Requires state agencies to:
   1. Purchase products that contain specified minimum amounts of postconsumer recycled-content material in 11 reportable product categories: paper products; printing and writing paper; mulch, compost, and cocompost; glass products; lubricating oils; plastic products; paint; antifreeze; tires; tire-derived products; and, metal products;
   2. Ensure that at least 50% of the purchases in the product categories are for recycled-content products;
   3. Report annually to the California Department of Resources Recycling and Recovery (CalRecycle) dollars spent on recycled and non-recycled products purchased in the 11 categories; and,
   4. Beginning in 2020, increases the buy-recycled requirement to 75% of reportable purchases for all product categories except paint, antifreeze, and tires.

THIS BILL:

1. Requires the Department of Water Resources, Department of Transportation, Department of Boating and Waterways, Department of Corrections and Rehabilitation, Military Department, DGS, University of California (UC), and California State University (CSU) to include GHG emissions information for the following "eligible materials:"
   1. Concrete;
   2. Flat glass;
   3. Manufacture wool;
   4. Aluminum;
   5. Iron;
   6. Brass; and,
   7. Steel.
2. Specifies that two-years after the date that a standard is developed, as specified, asphalt is included as an eligible material.
3. Requires that if a project uses specified eligible materials, the departments, UC, and CSU must require all prospective bidders to complete a standard form that states the cumulative amount of GHG emissions produced in the material extraction and processing, transport to the manufacturing site, and manufacturing of the material to be used for the project.
4. Specifies that the requirement above can be met by obtaining an Environmental Product Declaration (EPD), as defined, or using a similar method.
5. Requires DGS to establish a method that takes GHG emissions, as disclosed on bidder-provided EPDs, into account when reviewing and awarding bids:
   1. Requires that the method includes calculations of GHG emissions from the factory to the job site;
   2. Requires DGS to consider how a contracting department can apply a point system, discount system, or other system within the bid review process to favor bids with lower-than-average GHG emissions than those in the bid pool; and,
   3. Requires DGS to consider establishing a historic baseline for GHG emissions from eligible materials, and evaluate against this baseline.
6. Requires that the departments, UC, and CSU use the method developed by DGS when awarding contracts with the intent of reducing GHG emissions along the supply chain.
7. Sets requirements for departments, UC, and CSU to report GHG emissions related to their projects.
8. Establishes a process for winning bidders to change material suppliers, if needed, for specified reasons.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's statement:

The manufacture and transport of materials used in public infrastructure projects are a major source of [GHG] emissions. California state public works contracts do not currently take into account the pollution profile of manufacturers supplying these. Manufacturers who have invested in reducing pollution are not recognized in the bidding process…

California spends on average about $10 billion a year on infrastructure, such as roads, bridges, and public buildings. By focusing California's infrastructure purchasing power, AB 262 will help the state fulfill its climate policy goal already established by the Legislature. The US Navy, CalPERS, and companies such as Apple, Google, and others are already implementing policies and programs that consider GHG emissions in the supply chain when making purchases.

1. GHG emissions. "Leakage" refers to GHG emissions reductions in state that are replaced by increased GHG emissions out of state. AB 32 requires ARB to design measures to minimize leakage. Industries for which production is highly emissions intensive, which results in high compliance costs, and industries facing strong competition from out-of-state producers are generally at highest risk of leakage. In order to minimize leakage risk, ARB provides free allocations to at-risk industries (identified by the North American Industry Classification System codes) into high, medium, or low risk for leakage. Over time, ARB will reduce the percentage of free allocations for medium and low risk industry sectors. The "eligible materials" identified in this bill are at a high risk for leakage.
2. This bill. This bill establishes a process to consider the GHG emissions of specified eligible materials when certain departments, UC, or CSU choose winning bids for projects. Specifically, these entities would require bidders who plan to use an eligible material to provide EPDs or similar documentation that show the associated GHG impacts.

Eligible materials include concrete, flat glass, manufacture wool (a type of insulation), aluminum, iron, brass, and steel. The EPDs to evaluate these impacts must include GHG emissions produced in the material extraction and processing, transport to the manufacturing site, and in manufacturing.

This bill requires DGS to establish and publish in the State Contracting Manual (SCM) a method that takes GHG emissions, as disclosed on the bidder-provided EPDs, into account when reviewing and awarding bids. The method would include a consideration of GHG emissions when transporting eligible materials from the factory to job site. Additionally, DGS would have to consider establishing a point system based on GHG emissions as well as establishing a historic baseline for GHG emissions by eligible material and evaluate relative to the baseline.

Departments, UC, and CSU would then be required to follow the process and guidance established by DGS. On or before January 1, 2019 and annually thereafter, the departments, UC, and CSU must submit to the Legislature and the Governor, and post on their respective websites, a report that details the GHG emissions related to their projects.

While existing law generally requires the state to award bids to the lowest responsible bidder, there are some exceptions. For example, the state has a contracting preference for Certified Small Businesses, in which contracting entities make adjustments based on the bids. DGS specifies in the State Contracting Manual how to implement this evaluation. Specifically, it states "the bid of a certified small business is reduced for evaluation purposes by 5% of the lowest cost offered by a noncertified small business."

DGS explains that, in meeting the requirements of this bill, it would likely examine how preferences like the one for small businesses are currently calculated. However, the processes set by this bill would likely entail a more detailed bid-review evaluation than the approach used in current state contracting preferences.

Supporters of this bill explain that it aligns the state's purchasing power with the state's goals to reduce climate pollution. Opponents contend that the bill sets a complex process that could result in increased bid protests.

1. Previous legislation. AB 2181 (Brown) of 2016 would have required specified state departments, UC, and CSU to evaluate the impact of GHG emissions on certain infrastructure projects and incorporate GHG emissions considerations into their procurement processes. This bill was held in the Assembly Appropriations Committee.
   
2. Double referral. This bill was heard by the Assembly Accountability and Administrative Review Committee on April 19; it passed with a vote of 4-1.

REGISTERED SUPPORT / OPPOSITION:

Support

350 Sacramento

American Lung Association in California

APEN

Bluegreen Alliance

Breathe California

California Environmental Justice Alliance

California Labor Federation

California League of Conservation Voters

Californians Against Waste

Central Concrete Supply Company

Clean Water Action

Climate Earth

Coalition for Clean Air

Communications Workers of America, District 9

Environment California

Filipino/American Coalition for Environmental Solidarity

Gerdau Steel

Natural Resources Defense Council

Sierra Club California

Trust for Public Land

Union of Concerned Scientists

Voices for Progress

1 individual

Opposition

Air Conditioning and Refrigeration Contractors Association

Air Conditioning Sheet Metal Association

Association of General Contractors

Building Industry Credit Association

California Asphalt Pavement Association

California Construction and Industrial Materials Association

California Legislative Conference of the Plumbing, Heating, and Piping Industry

Construction Employers' Association

Finishing Contractors Association of Southern California

National Electrical Contractors Association

Northern California Allied Trades

Papich Construction Company, Inc.

Rinker Materials

Southern California Contractors Association

Spragues' Ready Mix

United Contractors

Wall and Ceiling Alliance

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW

Susan Talamantes Eggman, Chair

ABPCA Bill Id:AB 262 (

Author:Bonta) – As Amended Ver:March 27, 2017

SUBJECT: Public contracts: lowest responsible bidder: eligible materials

SUMMARY: Requires bidders on state contracts to include greenhouse gas (GHG) emissions information for specified eligible materials in the bid and requires specified state entities to evaluate these bids based on a system designed by the Department of General Services (DGS) Specifically, this bill:

1. Applies the provisions to the Department of Water Resources, Department of Transportation, Department of Boating and Waterways, Department of Corrections and Rehabilitation, Military Department, DGS, University of California (UC), and California State University (CSU).
2. Requires that if a project uses specified eligible materials, the departments, UC, and CSU must require all prospective bidders to complete a standard form that states the cumulative amount of GHG emissions produced in the material extraction and processing, transport to the manufacturing site, and manufacturing of the material to be used for the project.
3. Specifies that the requirement above can be met by obtaining an Environmental Product Declaration (EPD), as defined, or using a similar method.
4. Requires DGS to establish a method that takes GHG emissions, as disclosed on bidder-provided EPDs, into account when reviewing and awarding bids.
   1. Requires that the method includes calculations of GHG emissions from the factory to the job site.
   2. Requires DGS to consider how a contracting department can apply a point system, discount system, or other system within the bid review process to favor bids with lower-than-average GHG emissions than those in the bid pool.
   3. Requires DGS to consider establishing a historic baseline for GHG emissions from eligible materials, and evaluate against this baseline.
5. Requires that the departments, UC and CSU use the method developed by DGS when awarding contracts with the intent of reducing GHG emissions along the supply chain.
6. Sets requirements for departments, UC and CSU to report GHG emissions related to their projects.
7. Establishes a process for winning bidders to change material suppliers, if needed, for specified reasons.
8. Adds another eligible material at a later date, as specified.

EXISTING LAW: Generally requires the state to award bids for public works projects to the lowest responsible bidder.

FISCAL EFFECT: Unknown

COMMENTS: This bill establishes a process to consider GHG emissions of specified eligible materials when certain departments, UC, and CSU choose winning bids for projects. Specifically, these entities would require bidders who plan to use an eligible material to provide EPDs or similar documentation that show the associated GHG impacts.

Eligible materials include concrete, flat glass, manufacture wool (a type of insulation), aluminum, iron, brass and steel. The EPDs to evaluate these impacts must include GHG emissions produced in the material extraction and processing, transport to the manufacturing site, and in manufacturing.

This bill requires DGS to establish and publish in the State Contracting Manual a method that takes GHG emissions, as disclosed on the bidder-provided EPDs, into account when reviewing and awarding bids. The method would include a consideration of GHG emissions when transporting eligible materials from the factory to job site. Additionally, DGS would have to consider establishing a point system based on GHG emissions as well as establishing a historic baseline for GHG emissions by eligible material and evaluate relative to the baseline.

Departments, UC, and CSU would then be required to follow the process and guidance established by DGS.

According to the author, "California has rightfully taken a lead on reducing climate change pollution and other associated air pollution. Manufacturers who are based here follow some of the most stringent pollution control requirements in the nation, if not the world. . . This bill will make sure clean manufacturers’ efforts are considered in the bid review process. At the same time, it will send a signal to manufacturers around the world that if you want to compete in the California market, you’ll have to disclose your material’s pollution profile."

This bill also includes reporting requirements. On or before January 1, 2019 and annually thereafter, the departments, UC, and CSU must submit to the Legislature and the Governor, and post on their respective websites a report that details the GHG emissions related to their projects.

While existing law generally requires the state to award bids to the lowest responsible bidder, there are some exceptions. For example, the state has a contracting preference for Certified Small Businesses, in which contracting entities make adjustments based on the bids. DGS specifies in the SCM how to implement this evaluation. Specifically, it states "the bid of a certified small business is reduced for evaluation purposes by 5% of the lowest cost offered by a noncertified small business."

DGS explains that, in meeting the requirements of this bill, it would likely examine how preferences like the one for small businesses are currently calculated. However, the processes set by this bill would likely entail a more detailed bid-review evaluation than the approach used in current state contracting preferences.

Supporters of this bill explain that it uses the state's purchasing power in line with the state's goals to reduce climate pollution. Opponents contend that the bill sets a complex process that could result in increased bid protests.

As the bill moves forward, the author may wish to address some inconstancies in the bill related to which products would be considered eligible materials by which state entities. The author states that the intent is for the seven eligible materials, as noted above, to apply to all specified state entities' processes, and that amendments will be made in the future to clarify this.

PRIOR LEGISLATION:

AB 2181 (Brown) of 2016 would have required specified state departments, UC, and CSU to evaluate the impact of GHG emissions on certain infrastructure projects and incorporate GHG emissions considerations into their procurement processes. This bill was held on the Assembly Appropriations Committee's Suspense File.

DOUBLE REFERRAL: This bill is double referred. Should it pass out of this committee, it will be referred to the Assembly Committee on Natural Resources.

REGISTERED SUPPORT / OPPOSITION:

Support

350 Sacramento
American Lung Association in California
Asian Pacific Environmental Network
Breathe California
California Against Waste
California Environmental Justice Alliance
California League of Conservation Voters
Catholic Charities of the Diocese of Stockton
Central Concrete Supply Company
Clean Water Action 
Coalition for Clean Air
Environment California
Filipino/American Coalition for Environmental Solidarity
Gerdau Steel
Natural Resources Defense Council
Sierra Club California
The Trust for Public Land
Union of Concerned Scientists
Voices For Progress
Voices For Progress Education Fund

Opposition

Air Conditioning & Refrigeration Contractors Association
Air Conditioning Sheet Metal Association
Building Industry Credit Association
California Legislative Conference of Plumbing, Heating & Piping Industry
Construction Employers' Association
Finishing Contractors Association of Southern California
National Electric Contractors Association
Northern California Allied Trades
Southern California Contractors Association
The Association of General Contractors Of America
United Contractors
Wall and Ceiling Alliance

Analysis Prepared by: Scott Herbstman / A. & A.R. /