Bill Text: CA SB451 | 2009-2010 | Regular Session | Amended
Bill Title: Public contracts: preferences: forest products.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB451 Detail]
Download: California-2009-SB451-Amended.html
BILL NUMBER: SB 451 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Cogdill
FEBRUARY 26, 2009
An act to amend Section 4790.5 of the Public Resources
Code, relating to forest resources. An act to add
Section 12405 to the Public Contract Code, relating to public
contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 451, as amended, Cogdill. Forest resources.
Public contracts: preferences: forest products.
Existing law generally requires state agencies to comply with
competitive bidding procedures in soliciting and evaluating bids for
public works projects. Existing law authorizes bidding preferences
for certain categories of business owners, including businesses owned
by military veterans.
Existing law also requires the Department of General Services, in
consultation with the California Environmental Protection Agency,
members of the public, industry, and public health and environmental
organizations, to provide state agencies with information and
assistance regarding environmentally preferable purchasing.
This bill would require any state agency that contracts for, or
acquires, lumber or other solid wood products, excluding paper and
other types of secondary manufactured goods, to give preference, if
price, fitness, and quality are equal, to lumber and other solid wood
products that are harvested from forests within this state.
Existing law finds and declares that, except as specifically
provided, the state is prohibited from claiming any right, title, or
interest in land, trees, or other vegetation which are the subject of
a forest resource improvement project.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) It is a priority in California to protect the wildlife,
rivers, streams, and soil that make up the state's rich forest
ecosystems covering 40 percent of the state's entire land area.
(b) Forested lands in California do all of the following:
(1) Provide significant environmental benefits, including serving
as the source of more than half the state's supply of drinking water
and habitat for numerous wildlife and plant species, some of which
are rare, threatened, or endangered.
(2) Serve as the source of extensive recreational opportunities
for millions of Californians.
(3) Provide a signature landscape that identifies California to
people worldwide.
(c) Forested lands in California also provide the source of raw
materials for the timber products industry and a source of jobs for
those who are employed in that industry. Forested lands in California
are an essential economic resource in rural communities across the
state.
(d) The economic pressures faced by the timber industry, caused in
part by globalization and imported timber products, have resulted in
financial losses to the California timber industry and private
landowners.
(e) It is appropriate for the State of California to officially
support the continued economic vitality of the California timber
products industry by directing its agencies to purchase timber
products harvested from California, when appropriate.
(f) A purchasing preference will contribute to stabilizing the
prices of the California timber products industry.
(g) Laws and regulations governing forestry in California
represent the commitment of the state to strive for the highest
environmental standards for industrial forestry anywhere in the
world. The state may express its preference for timber products
reflecting that commitment.
(h) Currently, approximately 70 percent of California's timber
products must be imported to meet the demand of the state's
population of 35 million people. California's population is projected
to increase to 49 million people by 2025, further intensifying our
consumption of, and demand for, timber products from abroad.
(i) The import and export of goods, including timber products, are
and will remain part of the state's economy. The import and export
of all goods have contributed to the diverse economic base of
California.
(j) California's demand for timber products could be seen to be
contributing, in part, to the massive destruction of native forests
and significant ecological losses in forestlands all across the
world, including massive clearcuts and the loss of irreplaceable old
growth in forests, including boreal and equatorial forests.
(k) When price, quality, and fitness are equal and when the
marketplace provides timber products that are acceptable for use by
state agencies, the State of California has a responsibility to
purchase California grown forest products.
SEC. 2. Section 12405 is added to the
Public Contract Code , to read:
12405. Consistent with all applicable provisions of this code,
when price, fitness, and quality are equal, any state agency that
contracts for, or acquires, lumber or other solid wood products,
excluding paper and other types of secondary manufactured goods,
shall, if price, fitness, and quality are equal, give preference to
lumber and other solid wood products that are harvested from forests
within this state.
SECTION 1. Section 4790.5 of the Public
Resources Code is amended to read:
4790.5. The Legislature further declares that, except as
specifically provided in this chapter the state shall not claim a
right, title, or interest in the land, trees, or other vegetation
that are the subject of a forest resource improvement project
undertaken pursuant to this chapter. When carrying out this chapter,
the director shall encourage the use of goods and services available
through private forest nurseries, reforestation contractors, private
forest consultants, or others in the business of undertaking forest
resource improvement work.
