Bill Text: CA AB2502 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2502

Introduced

Bill Title: Public contracts: emergencies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-22 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2502 Detail]

Download: California-2023-AB2502-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2502

Introduced by Assembly Member Luz Rivas

February 13, 2024

An act to amend Section 1102 of, and to add Section 22051 to, the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL'S DIGEST

AB 2502, as introduced, Luz Rivas. 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1102 of the Public Contract Code is amended to read:

1102.

“Emergency,” as used in this code, ~~means a~~ shall mean both of the following:

(a) 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.

(b) 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.

SEC. 2.

Section 22051 is added to the Public Contract Code, to read:

22051.

(a) In cases of significant emergency, a county board of supervisors may take any directly related and immediate action required by that emergency without giving notice for bids to let contracts.

(b) (1) Any action taken under this section must first be authorized by a majority vote of the members of the county board of supervisors.

(2) The county board of supervisors must find, based on evidence set forth in the minutes or statement of its meeting, that the emergency work is necessary for the stated reasons in cases of significant emergency.

(1) States of emergency, as specified in Section 8558 of the Government Code.

(2) When emergency repair or replacement is necessary to permit the continued operation of service of the county.

(3) When the emergency work is necessary to avoid danger to life or property.