AB 2502: Public contracts: emergencies.

For purposes of the Public Contract Code, existing law defines an emergency as a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

This bill would additionally define an emergency as an immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services caused by the impacts of homelessness.

Existing law authorizes certain public agencies, in the case of an emergency and pursuant to a ⁴/₅ vote of its governing body, to take specific actions relating to the repair or replacement of a public facility without giving notice for bids to let contracts, if the governing body makes a finding, as prescribed, that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency. Existing law establishes additional related procedures for the delegation of and review of, any action taken pursuant to, that authority.

This bill would authorize a county board of supervisors, in cases of significant emergency, as defined, to take any directly related and immediate action required by an emergency without giving notice for bids to let contracts. The bill would require any action taken under these provisions to first be authorized by a majority vote of the members of the county board of supervisors and would require the county board of supervisors to find that the emergency work is necessary for the stated reasons in cases of significant emergency.