Title PCC, California Pub. Cont. Code

The Department of Resources Recycling and Recovery may contract as necessary for the recycling of products which have been returned pursuant to Section 12165. (Amended by Stats. 2017, Ch. 26, Sec. 72. (SB 92) Effective June 27, 2017.)

Proceeds received from the implementation of the recycling plan established pursuant to Section 12165 or any other activity involving the collection and sale of recyclable materials in state and legislative offices located in state-owned and state-leased buildings, including, but…

The Legislature hereby finds and declares that it is the policy of the state to encourage the use of marketable end products which are produced as a result of superior waste management by counties, cities, and local agencies. The Legislature further finds and declares that it is …

(a) All state departments and agencies, including, but not limited to, the Department of Transportation, the Department of Water Resources, the Department of Forestry and Fire Protection, and the Department of Parks and Recreation, shall give purchase preference to compost and co…

It is the intent of the Legislature, in enacting this article, that the revenues derived from the state purchase of co-compost products will be used by counties, cities, and local agencies to offset the costs of construction, operation, and maintenance of co-compost waste disposa…

For the purpose of this article, the following definitions shall apply: (a) “CalRecycle” means the Department of Resources Recycling and Recovery, as defined pursuant to Section 40110 of the Public Resources Code. (b) “Business” includes bidders, contractors, and other interested…

(a) The Legislature finds and declares that it is the policy of the state to conserve and protect its resources. The Legislature further finds and declares that the use of recycled products produced as the result of the superior waste management efforts by the state and local gov…

The University of California is not subject to the procurement requirements of this article but shall report, pursuant to Section 12211, on purchases of the products listed in Section 12207 and what percentage of those purchases meet the associated minimum recycled content requir…

Each state agency shall ensure each of the following: (a) (1) Before January 1, 2020, at least 50 percent of reportable purchases are recycled products. (2) On and after January 1, 2020, at least 75 percent of reportable purchases are recycled products, except for paint, antifree…

(a) (1) All state agencies shall require all businesses to certify in writing the minimum percentage, if not the exact percentage, of postconsumer material in the products, materials, goods, or supplies offered or sold to the state regardless of whether the product meets the requ…

This article applies to the purchase of goods and materials from the following product categories: (a) Paper products, including, but not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, and hanging files, building insulation and panels, corrugat…

(a) (1) CalRecycle, with the concurrence of the department and in consultation with impacted agencies, shall update the list of products identified in this section and update the minimum recycled content percentages, as determined to be appropriate, commencing January 1, 2026, an…

(a) A state agency shall report annually to CalRecycle its progress in meeting the recycled product purchasing requirements and, if necessary, an explanation of circumstances beyond the state agency’s control that prevented the state agency from meeting the recycled product purch…

Each state agency may, at the discretion of the individual agency director or their designee, print a statement on recycled products selected by the agency director. This statement shall be determined by the department, in consultation with CalRecycle, and shall be similar to the…

(a) State agency procurement and contracting officers, or their designees, from all agencies shall participate in annual mandatory training that is conducted by CalRecycle. The training may be web-based and shall provide a complete review of the benefits of SABRC purchases, how t…

(a) The Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for various agencies that have reported benefits from such projects including reduced project costs, expedited project completi…

For purposes of this chapter, the following definitions apply: (a) “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the s…

(a) Except as provided in subdivision (b), and notwithstanding any other law, a local agency, with approval of its governing body, may procure design-build contracts for public works projects in excess of one million dollars ($1,000,000), awarding the contract either the low bid …

Upon approval of its governing body, a city, county, or city and county may use the design-build contracting process described in this chapter to award contracts for construction of projects that are necessary in order to comply with construction-related accessibility standards, …

Upon approval by its governing body, the Santa Clara Valley Water District may use the design-build contracting process described in this chapter to award a contract for the following projects: (a) Flood protection improvements. (b) Habitat restorations or enhancements. (c) Groun…

(a) Upon approval of the board of supervisors, the County of Orange may use the design-build contracting process described in this chapter to award a contract for the following projects: (1) Flood protection improvements. (2) Harbor and beach improvements. (3) Bikeway improvement…

(a) Upon approval of the governing body, the Orange County Flood Control District, as defined in Chapter 36 of the Orange County Flood Control Act, Sections 1 to 23 of the Orange County Flood Control Act, Water Code Appendix, may use the design-build contracting process described…

(a) Upon approval of its governing body, the Paradise Irrigation District may use the design-build contracting process described in this chapter to award a contract for a water conveyance pipeline from the Town of Paradise to the City of Chico. (b) Upon approval of a majority of …

(a) Upon approval of the city council of the City of Long Beach, the City of Long Beach may use the design-build contracting process described in this chapter to award contracts for curb ramps that are compliant with the Americans with Disabilities Act. (b) In addition to the req…

The procurement process for the design-build projects shall progress as follows: (a) (1) The local agency shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desire…

(a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the local agency, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond…

(a) The local agency, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be …

(a) If the local agency elects to award a project pursuant to this article, retention proceeds withheld by the local agency from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicita…

Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law. (Added by Stats. 2014, Ch. 931, Sec. 14. (SB 785) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 22169.)

This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed. (Amended by Stats. 2023, Ch. 201, Sec. 2. (AB 400) Effective January 1, 2024. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Chapter 4, commencing with Se…

This chapter may be cited as the “Subletting and Subcontracting Fair Practices Act.” (Added by Stats. 1986, Ch. 195, Sec. 42.1.)

The Legislature finds that the practices of bid shopping and bid peddling in connection with the construction, alteration, and repair of public improvements often result in poor quality of material and workmanship to the detriment of the public, deprive the public of the full ben…

Nothing in this chapter limits or diminishes any rights or remedies, either legal or equitable, which: (a) An original or substituted subcontractor may have against the prime contractor, his or her successors or assigns. (b) The state or any county, city, body politic, or public …

Any officer, department, board, or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received for the doing of the work incid…

(a) The officer, department, board, or commission taking bids for construction of any public work or improvement shall specify in the bid invitation and public notice the place the bids of the prime contractors are to be received and the time by which they shall be received. The …

Circumvention by a general contractor who bids as a prime contractor of the requirement under Section 4104 for him or her to list his or her subcontractors, by the device of listing another contractor who will in turn sublet portions constituting the majority of the work covered …

If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of 1 percent of the prime contractor’s total bid, the prime contractor agree…

A prime contractor whose bid is accepted may not: (a) Substitute a person as subcontractor in place of the subcontractor listed in the original bid, except that the awarding authority, or its duly authorized officer, may, except as otherwise provided in Section 4107.5, consent to…

No subcontractor listed by a prime contractor under Section 4104 as furnishing and installing carpeting, shall voluntarily sublet his or her subcontract with respect to any portion of the labor to be performed unless he or she specified the subcontractor in his or her bid for tha…

The prime contractor as a condition to assert a claim of inadvertent clerical error in the listing of a subcontractor shall within two working days after the time of the prime bid opening by the awarding authority give written notice to the awarding authority and copies of that n…

If a contractor who enters into a contract with a public entity for investigation, removal or remedial action, or disposal relative to the release or presence of a hazardous material or hazardous waste fails to pay a subcontractor registered as a hazardous waste hauler pursuant t…

(a) It shall be the responsibility of each subcontractor submitting bids to a prime contractor to be prepared to submit a faithful performance and payment bond or bonds if so requested by the prime contractor. (b) In the event any subcontractor submitting a bid to a prime contrac…

Subletting or subcontracting of any portion of the work in excess of one-half of 1 percent of the prime contractor’s total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a …

A prime contractor violating any of the provisions of this chapter violates his or her contract and the awarding authority may exercise the option, in its own discretion, of (1) canceling his or her contract or (2) assessing the prime contractor a penalty in an amount of not more…

Violation of this chapter by a licensee under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code constitutes grounds for disciplinary action by the Contractors State License Board, in addition to the penalties prescribed in Section 4110. (…

The failure on the part of a contractor to comply with any provision of this chapter does not constitute a defense to the contractor in any action brought against the contractor by a subcontractor. (Added by Stats. 1986, Ch. 195, Sec. 42.1.)