“State agency,” as used in this chapter, means any state agency defined in Section 11000, which is authorized to enter into contracts and shall include, but not be limited to, the Department of Public Works, the Department of Water Resources, the Department of General Services, the Trustees of the California State University, and the Board of Regents of the University of California.
Public Work and Public PurchasesPurchases
Section § 4475
This section defines what a 'state agency' is for the purposes of this chapter. A state agency is any agency with the power to enter into contracts. Examples include the Department of Public Works, the Department of Water Resources, the Department of General Services, the California State University Trustees, and the University of California Board of Regents.
state agency definition contract authority Department of Public Works
Section § 4476
In this section, the term "person" refers to anyone or any organization, like a company or group, that is set up to run a business.
“Person,” as used in this chapter means any individual, corporation, association, or any other entity organized for the purpose of conducting business.
individual corporation association
Section § 4477
This California law prevents state agencies from doing business with any company or individual who has been penalized by the State Air Resources Board or air pollution control district for violating environmental orders, or who has been issued a cease and desist order due to breaking waste discharge rules. It also applies to those found guilty of violating federal air or water pollution laws.
No state agency shall enter into any contract for the purchase of supplies, equipment, or services from any person who is in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district, or is subject to a cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions, or is finally determined to be in violation of provisions of federal law relating to air or water pollution.
state agency contracts air pollution violations water pollution violations
Section § 4478
This law states that if a contract is worth less than the amount needed to require competitive bidding, as specified in another legal section, then the rules of this chapter don’t apply.
The provisions of this chapter shall not apply to contracts with a dollar value below the required level for competitive bidding established in Section 10301 of the Public Contract Code.
contracts dollar value competitive bidding
Section § 4479
Every state agency needs to carefully check if a contract was purposely split into smaller parts to get around the rules set in another section, Section 4478.
Each state agency shall exercise due diligence in determining whether or not one or more persons have divided a contract to avoid the limitation of Section 4478.
state agency responsibilities contract divisions avoidance of limitations
Section § 4480
This law section states that if a person or company is the only available source for a specific product or service that the state needs, the usual rules that prevent them from contracting with the state do not apply.
The provisions of this chapter shall not apply when a person otherwise prohibited from contracting with the state under this chapter is the sole source of a product or services required by the state.
sole source state contract contracting exceptions
Section § 4481
This law requires local agencies or boards to inform the Water Resources Control Board or Air Resources Board within seven days if there is noncompliance with any of their orders, rules, regulations, or cease and desist orders. They must also report any cured violations and actions taken. Furthermore, the Water and Air Resources Boards are required to notify about violators of federal air or water pollution laws. Each month, they must provide a list of confirmed violators to state agencies.
Each local agency or board set forth in Section 4477 shall notify within seven days after determination thereof, the Water Resources Control Board or Air Resources Board of noncompliance with any final order, rule, or regulation or cease and desist order issued by them or of any violation reported pursuant to this section which has been cured and any action taken by the local agency or board. The Water Resources Control Board and the Air Resources Board shall also provide such notification as to finally determined violators of federal law relating to air or water pollution. The Water Resources Control Board and Air Resources Board shall provide a list of persons finally determined to be in violation of such laws, orders, rules, or regulations to state agencies on a monthly basis.
local agency notification noncompliance reporting Water Resources Control Board
