AB 1086 - An Act to Amend Section 3400 of the Public Contract Code, Relating to Public Contracts.

Public contracts: bids. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law prohibits, except in specified circumstances, a state agency, political subdivision, municipal corporation, district, or public officer responsible for letting a public works contract from drafting bid specifications for that contract in a manner that limits the bidding to any one concern or product, unless the specification is followed by the words “or equal.” Existing law… More
Existing law prohibits, except in specified circumstances, a state agency, political subdivision, municipal corporation, district, or public officer responsible for letting a public works contract from drafting bid specifications for that contract in a manner that limits the bidding to any one concern or product, unless the specification is followed by the words “or equal.” Existing law requires that these bid specifications provide a period of time prior to or after, or prior to and after, the award of the contract to allow the contractor to submit data that demonstrates that a concern or product to be provided under the contract is equal to the concern or product identified in the bid specification.

This bill would make findings and declarations regarding the intent of the entire provision to encourage contractors and manufacturers to develop and implement new and ingenious materials, products, and services, as specified, at a lower cost to taxpayers. Hide
 
Status:
The bill has become law (chaptered). 
Senate Vote: On Passage

PASSED on July 16, 2009.

voted YES: 36 voted NO: 0
4 voted present/not voting

An Act to Amend Section 3400 of the Public Contract Code, Relating to Public Contracts.

AB 1086 — 2009-2010 Legislature

Summary
Existing law prohibits, except in specified circumstances, a state agency, political subdivision, municipal corporation, district, or public officer responsible for letting a public works contract from drafting bid specifications for that contract in a manner that limits the bidding to any one concern or product, unless the specification is followed by the words “or equal.” Existing law requires that these bid specifications provide a period of time prior to or after, or prior to and after, the award of the contract to allow the contractor to submit data that demonstrates that a concern or product to be provided under the contract is equal to the concern or product identified in the bid specification.

This bill would make findings and declarations regarding the intent of the entire provision to encourage contractors and manufacturers to develop and implement new and ingenious materials, products, and services, as specified, at a lower cost to taxpayers.
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 3400 of the Public Contract Code, Relating to Public Contracts.
Author(s)
Jeff Miller
Co-Authors
    Subjects
    • Public contracts: bids
    Major Actions
    Introduced2/27/2009
    Referred to Committee
    Passed Assembly Committee on Business, Professions and Consumer Protection5/12/2009
    Passed Assembly6/01/2009
    Passed Senate Committee on Governmental Organization6/23/2009
    Passed Senate Committee on Judiciary7/07/2009
    Passed Senate7/16/2009
    Presented to the governor (enrolled)7/30/2009
    Became law (chaptered).8/06/2009
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Business, Professions and Consumer ProtectionDo pass as amended and be re-referred to the Committee on Appropriations.5/12/2009This motion PASSED the Assembly Committee on Business, Professions and Consumer Protection
    11 voted YES 0 voted NO 0 voted present/not voting
    select this voteAssemblyAB 1086 MILLER Assembly Third Reading6/01/2009This bill PASSED the Assembly
    79 voted YES 0 voted NO 1 voted present/not voting
    select this voteSenate Committee on Governmental OrganizationDo pass, but re-refer to the Committee on Judiciary.6/23/2009This motion PASSED the Senate Committee on Governmental Organization
    12 voted YES 0 voted NO 1 voted present/not voting
    select this voteSenate Committee on JudiciaryDo pass.7/07/2009This motion PASSED the Senate Committee on Judiciary
    5 voted YES 0 voted NO 0 voted present/not voting
    currently selectedSenateSpecial Consent #13 AB1086 Miller7/16/2009This bill PASSED the Senate
    36 voted YES 0 voted NO 4 voted present/not voting
    ActionDateDescription
    Introduced2/27/2009
    2/27/2009Introduced. To print.
    3/01/2009From printer. May be heard in committee March 30.
    3/02/2009Read first time.
    4/13/2009Referred to Com. on B. & P.
    4/14/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
    4/15/2009Re-referred to Com. on B. & P.
    4/27/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
    4/28/2009Re-referred to Com. on B. & P.
    5/04/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
    5/05/2009Re-referred to Com. on B. & P. In committee: Hearing postponed by committee.
    select this voteVote5/12/2009Do pass as amended and be re-referred to the Committee on Appropriations.
    5/14/2009From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (May 12).
    5/18/2009Read second time and amended.
    5/19/2009Re-referred to Com. on APPR.
    5/21/2009Withdrawn from committee. Ordered placed on second reading file.
    5/26/2009Read second time. To third reading.
    6/01/2009Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1820.)
    select this voteAssembly Vote on Passage6/01/2009AB 1086 MILLER Assembly Third Reading
    6/02/2009In Senate. Read first time. To Com. on RLS. for assignment.
    6/11/2009Referred to Coms. on G.O. and JUD.
    6/23/2009From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 12. Noes 0.) (June 23).
    select this voteVote6/23/2009Do pass, but re-refer to the Committee on Judiciary.
    6/29/2009In committee: Hearing postponed by committee.
    7/01/2009In committee: Hearing postponed by committee.
    select this voteVote7/07/2009Do pass.
    7/08/2009From committee: Do pass. (Ayes 5. Noes 0.) (July 7).
    7/09/2009Read second time. To third reading. Ordered to Special Consent Calendar.
    7/16/2009Read third time, passed, and to Assembly. (Ayes 36. Noes 0. Page 1767.)
    7/16/2009In Assembly. To enrollment.
    currently selectedSenate Vote on Passage7/16/2009Special Consent #13 AB1086 Miller
    7/30/2009Enrolled and to the Governor at 2:30 p.m.
    8/05/2009Approved by the Governor.
    8/06/2009Chaptered by Secretary of State - Chapter 132, Statutes of 2009.

    Total contributions given to Senators within 30 days of the vote "Special Consent #13 AB1086 Miller" from interest groups that…

    supported this bill

    Construction unions
    Builders associations
    Special trade contractors
    Engineering, architecture & construction management services
    General business associations

    opposed this bill

    Date Range of Contributions
    Within days of the vote "Special Consent #13 AB1086 Miller"
    ContributorInterest groupAmountDatesort iconSenate memberPartyDistrictVote
    Associated General Contractors of CaliforniaBuilders associations$5006/17/09Ellen CorbettDCA-10Yes
    California Building Industry AssociationBuilders associations$3006/17/09Lou CorreaDCA-34Yes
    California Building Industry AssociationBuilders associations$3006/17/09Lou CorreaDCA-34Yes
    International Union of Painters & Allied TradesConstruction unions$2,5006/17/09Ellen CorbettDCA-10Yes
    Plumbers & Steamfitters Local 342Construction unions$3006/17/09Ellen CorbettDCA-10Yes
    Plumbers & Steamfitters Local 342Construction unions$2006/17/09Ellen CorbettDCA-10Yes
    Associated General Contractors of CaliforniaBuilders associations$6006/19/09Lou CorreaDCA-34Yes
    Associated General Contractors of CaliforniaBuilders associations$4006/19/09Lou CorreaDCA-34Yes
    California State Pipe Trades CouncilConstruction unions$3,0006/25/09Lois WolkDCA-5Yes
    California Building Industry AssociationBuilders associations$5006/26/09Tony StricklandRCA-19Yes
    Associated General Contractors of CaliforniaBuilders associations$1,5006/27/09Tony StricklandRCA-19Yes
    California Building Industry AssociationBuilders associations$5006/29/09Bob HuffRCA-29Yes
    California Building Industry AssociationBuilders associations$5006/29/09Loni HancockDCA-9Yes
    California Professional Association of Specialty ContractorsSpecial trade contractors$1,5006/29/09Tom HarmanRCA-35Yes
    California Professional Association of Specialty ContractorsSpecial trade contractors$1,5006/29/09Tom HarmanRCA-35Yes
    American Council of Engineering Companies CaliforniaEngineering, architecture & construction management services$1,0006/30/09Bob HuffRCA-29Yes
    Associated General Contractors of CaliforniaBuilders associations$1,5006/30/09Mark WylandRCA-38Yes
    California Building Industry AssociationBuilders associations$5006/30/09Leland YeeDCA-8Yes
    District Council of IronworkersConstruction unions$3,6006/30/09Lou CorreaDCA-34Yes
    District Council of IronworkersConstruction unions$3,3006/30/09Lou CorreaDCA-34Yes
    District Council of IronworkersConstruction unions$3006/30/09Lou CorreaDCA-34Yes
    Construction & General Laborers Local 304Construction unions$1,9007/1/09Ellen CorbettDCA-10Yes
    Construction & General Laborers Local 304Construction unions$6007/1/09Ellen CorbettDCA-10Yes
    Assoc Builders & Contractors of Southern CaliforniaBuilders associations$1,0007/17/09Bob HuffRCA-29Yes
    Associated General Contractors of CaliforniaBuilders associations$1,3007/22/09Christine KehoeDCA-39Yes
    Southern California Contractors AssociationBuilders associations$1,5007/28/09Tony StricklandRCA-19Yes
    California Building Industry AssociationBuilders associations$5007/29/09Bob HuffRCA-29Yes
    Southern California Contractors AssociationBuilders associations$2507/29/09Bob HuffRCA-29Yes
    Aecom Technology CorpEngineering, architecture & construction management services$1,0008/1/09Darrell SteinbergDCA-6Yes
    7 Organizations Supported and 0 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Amend Section 3400 of the Public Contract Code, Relating to Public Contracts.: Special Consent #13 AB1086 Miller

    7 organizations supported this bill

    Associated General Contractors of America
    SENATE Rules Committee (2009, July 10). AB 1086 7.10.2009. Retrieved October 11, 2010, from Leg Info.
    California Chapter of the American Fence Contractors' Association
    Senate Rules Committee (2009, July 10). AB 1086 07.10.2009. Retrieved October 11, 2010, from Leg Info.
    Engineering & Utility Contractors Association
    Senate Rules Committee (2009, July 10). AB 1086 7.10. 2009. Retrieved October 11, 2010, from Leg Info.
    Engineering Contractors' Association
    SENATE Rules Committee (2009, July 10). AB 1086 07.10.2009. Retrieved October 11, 2010, from Leg Info.
    Flasher Barricade Association
    SENATE Rules Committee (2009, July 10). AB 1086 07.10.2009. Retrieved October 11, 2010, from Leg Info.
    Laborers' International Union of North America
    SENATE Rules COMMITTEE (2009, July 10). AB 1086 07.20.2009. Retrieved October 11, 2010, from Leg Info.
    Southern California Contractors Association
    SENATE Rules Committee (2009, July 10). AB 1086 07.10.2009. Retrieved October 11, 2010, from Leg Info.

    0 organizations opposed this bill

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, June 16, 2009 – August 15, 2009.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$0$0Yes
    Elaine AlquistDCA-13$0$0Yes
    Roy AshburnRCA-18$0$0Yes
    John BenoitRCA-37$0$0Not Voting
    Ron CalderonDCA-30$0$0Yes
    Gilbert CedilloDCA-22$0$0Yes
    Dave CogdillRCA-14$0$0Yes
    Ellen CorbettDCA-10$6,000$0Yes
    Lou CorreaDCA-34$8,800$0Yes
    Dave CoxRCA-1$0$0Yes
    Mark DeSaulnierDCA-7$0$0Yes
    Jeff DenhamRCA-12$0$0Yes
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$0$0Yes
    Dean FlorezDCA-16$0$0Not Voting
    Loni HancockDCA-9$500$0Yes
    Tom HarmanRCA-35$3,000$0Yes
    Dennis HollingsworthRCA-36$0$0Yes
    Bob HuffRCA-29$3,349$0Yes
    Christine KehoeDCA-39$1,300$0Yes
    Mark LenoDCA-3$250$0Yes
    Carol LiuDCA-21$0$0Yes
    Alan LowenthalDCA-27$0$0Yes
    Abel MaldonadoRCA-15$0$0Yes
    Gloria Negrete McLeodDCA-32$0$0Yes
    Jenny OropezaDCA-28$0$0Not Voting
    Alex PadillaDCA-20$0$0Not Voting
    Fran PavleyDCA-23$0$0Yes
    Curren PriceDCA-26$0$0Yes
    Gloria RomeroDCA-24$500$0Yes
    George RunnerRCA-17$0$0Yes
    Joe SimitianDCA-11$0$0Yes
    Darrell SteinbergDCA-6$1,000$0Yes
    Tony StricklandRCA-19$3,500$0Yes
    Mimi WaltersRCA-33$0$0Yes
    Pat WigginsDCA-2$0$0Yes
    Lois WolkDCA-5$3,000$0Yes
    Rod WrightDCA-25$0$0Yes
    Mark WylandRCA-38$1,500$0Yes
    Leland YeeDCA-8$500$0Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$0$0Yes
    Elaine AlquistDCA-13$0$0Yes
    Roy AshburnRCA-18$0$0Yes
    John BenoitRCA-37$0$0Not Voting
    Ron CalderonDCA-30$0$0Yes
    Gilbert CedilloDCA-22$0$0Yes
    Dave CogdillRCA-14$0$0Yes
    Ellen CorbettDCA-10$6,000$0Yes
    Lou CorreaDCA-34$8,800$0Yes
    Dave CoxRCA-1$0$0Yes
    Mark DeSaulnierDCA-7$0$0Yes
    Jeff DenhamRCA-12$0$0Yes
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$0$0Yes
    Dean FlorezDCA-16$0$0Not Voting
    Loni HancockDCA-9$500$0Yes
    Tom HarmanRCA-35$3,000$0Yes
    Dennis HollingsworthRCA-36$0$0Yes
    Bob HuffRCA-29$3,349$0Yes
    Christine KehoeDCA-39$1,300$0Yes
    Mark LenoDCA-3$250$0Yes
    Carol LiuDCA-21$0$0Yes
    Alan LowenthalDCA-27$0$0Yes
    Abel MaldonadoRCA-15$0$0Yes
    Gloria Negrete McLeodDCA-32$0$0Yes
    Jenny OropezaDCA-28$0$0Not Voting
    Alex PadillaDCA-20$0$0Not Voting
    Fran PavleyDCA-23$0$0Yes
    Curren PriceDCA-26$0$0Yes
    Gloria RomeroDCA-24$500$0Yes
    George RunnerRCA-17$0$0Yes
    Joe SimitianDCA-11$0$0Yes
    Darrell SteinbergDCA-6$1,000$0Yes
    Tony StricklandRCA-19$3,500$0Yes
    Mimi WaltersRCA-33$0$0Yes
    Pat WigginsDCA-2$0$0Yes
    Lois WolkDCA-5$3,000$0Yes
    Rod WrightDCA-25$0$0Yes
    Mark WylandRCA-38$1,500$0Yes
    Leland YeeDCA-8$500$0Yes

    Interest Groups that supported this bill

    $ Donated
    Construction unions$16,200
    Builders associations$11,650
    Special trade contractors$3,000
    Engineering, architecture & construction management services$2,349
    General business associations$0

    Interest Groups that opposed this bill

    $ Donated
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