reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 1 - Cost Records to be Kept › Section 4000.

4000. This chapter does not apply to maintenance work, work occasioned by emergency, and work costing less than fifteen thousand dollars ($15,000).
(Amended by Stats. 1980, Ch. 623.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 1 - Cost Records to be Kept › Section 4001.

4001. As used in this chapter, “engineer” means the Director of Transportation, the Director of Water Resources, the Director of General Services, or a deputy or other person authorized by any such officer, and every county engineer, county surveyor, county highway engineer, road commissioner, city engineer, commissioner of public works, superintendent of streets, harbor engineer, flood control engineer, the engineer of any board or commission of the state, the engineer of any board or commission of any city, and the engineer of any reclamation, irrigation, or other district or political subdivision or agency of the state.
(Amended by Stats. 1980, Ch. 212.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 1 - Cost Records to be Kept › Section 4002.

4002. As used in this chapter, “public work” means the construction of any bridge, road, street, highway, ditch, canal, dam, tunnel, excavation, building or structure within the State by day’s labor or force account.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 1 - Cost Records to be Kept › Section 4003.

4003. The engineer directing, supervising or superintending the construction, or in charge of the engineering work for or in connection with public work shall keep an accurate account of the cost of the public work.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 1 - Cost Records to be Kept › Section 4004.

4004. Prior to the commencement of the public work, the engineer shall prepare and file in his office either full, complete and accurate plans and specifications or a work authorization approved by the engineer describing the work to be performed, and an estimate of the cost thereof, except where other and adequate provision is made by law requiring the preparation and filing of such plans, specifications and estimates of cost by some other officer or in some other office.
(Amended by Stats. 1976, Ch. 225.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 1 - Cost Records to be Kept › Section 4005.

4005. Within 60 days from the completion of any public work, the engineer shall prepare and file in the office of the clerk of the board of supervisors of the county in which the public work is performed, or if the engineer maintains an office in the county where the work is performed, then in that office, or if any reclamation, irrigation or other district maintains an office, then in the office of his or her own district instead of the office of the clerk of the board of supervisors, the following information in addition to that required by Section 4004:
(a) Names of bidders with prices bid, if bids there be.
(b) Changes in adopted or approved plans and specifications or a work authorization describing the work to be performed.
(c) That the work performed has or has not been done in accordance with these plans and specifications or work authorization.
(d) The total cost of the work, segregated so as to show the actual cost of all labor, materials, equipment, engineering or architectural services, including the services of public employees in connection with that work, and other expense. The cost shown for equipment shall include rentals paid or, if the equipment is publicly owned, a reasonable amount for depreciation and the cost of repairs thereon while so used.
(Amended by Stats. 2002, Ch. 221, Sec. 29. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 1 - Cost Records to be Kept › Section 4006.

4006. Plans, specifications, work authorizations describing work to be performed, and all other information referred to in this chapter are open to inspection and examination as a public record.
(Amended by Stats. 1976, Ch. 225.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3 - Backfilling Excavations With Native Spoil › Section 4200.

4200. As used in this chapter:
(a) “Competent spoil” means soils that can be treated to bring their moisture content into the optimum range, and that can achieve the compaction required by the city or county in whose jurisdiction an excavation is located.
(b) “Excavation” means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosive in any of the following ways: grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, pipe plowing and driving, or any other way.
(c) “Local agency” means any city, county, city and county, special district, school district, or other political subdivision of the state.
(Added by Stats. 1992, Ch. 1020, Sec. 1.4. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3 - Backfilling Excavations With Native Spoil › Section 4201.

4201. Any local agency that undertakes or contracts for an excavation for the installation, removal, maintenance, or repair of underground facilities may backfill that excavation in any local agency public road or highway with native spoil if the conditions in subdivisions (a), (b), and (c) are met. Where the excavation is performed by contract, use of native spoil shall be permitted unless otherwise specified in the contract documents.
(a) The native spoil is competent spoil.
(b) Compaction meets the local agency’s requirements, using industry standards for testing compaction.
(c) The local agency or its contractor has no physical evidence of, or substantial reason to believe that there has been, contamination of the soil from hazardous waste.
(Amended by Stats. 1993, Ch. 1195, Sec. 1.5. Effective January 1, 1994.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 1 - Public Utility Protection in Public Contracts › Section 4215.

4215. In any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the contractor for the costs of locating, repairing damage not due to the failure of the contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The contract documents shall include provisions that the contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities.
Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunklines in the plans and specifications.
Nothing herein shall preclude the public agency from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility.
Nothing herein shall be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities.
If the contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the contractor to do such repairs or relocation work at a reasonable price.
(Amended by Stats. 1974, Ch. 846.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.1.

4216.1. Every operator of a subsurface installation, except the Department of Transportation, shall become a member of, participate in, and share in the costs of, a regional notification center. Operators of subsurface installations who are members of, participate in, and share in, the costs of a regional notification center, including, but not limited to, the Underground Service Alert—Northern California or the Underground Service Alert—Southern California are in compliance with this section and Section 4216.9. A regional notification center shall not charge a fee to a person for notifying the regional notification center to obtain a ticket or to renew a ticket.
(Amended by Stats. 2020, Ch. 307, Sec. 2. (SB 865) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.5.

4216.5. The requirements of this article apply to state agencies and to local agencies which own or operate subsurface installations, except as otherwise provided in Section 4216.1. A local agency which is required to provide the services described in Section 4216.3 may charge a fee in an amount sufficient to cover the cost of providing that service.
(Added by Stats. 1989, Ch. 928, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.8.

4216.8. This article does not apply to any of the following persons:
(a) An owner of real property who contracts for an excavation project on the property, not requiring a permit issued by a state or local agency, with a contractor or subcontractor licensed pursuant to Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code.
(b) An owner of residential real property, not engaged as a contractor or subcontractor licensed pursuant to Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code, who as part of improving his or her principal residence or appurtenances thereto is performing or having performed excavation work not requiring a permit issued by a state or local agency.
(c) Any person or private entity that leases or rents power operated or power-driven excavating or boring equipment, regardless of whether an equipment operator is provided for that piece of equipment or not, to a contractor or subcontractor licensed pursuant to Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code, if the signed rental agreement between the person or private entity and the contractor or subcontractor contains the following provision:
“It is the sole responsibility of the lessee or renter to follow the requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code. By signing this contract, the lessee or renter accepts all liabilities and responsibilities contained in the regional notification center law.”
(Amended by Stats. 2004, Ch. 77, Sec. 3. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.9.

4216.9. (a) A permit to excavate issued by any local agency, as defined in Section 4216, or any state agency, shall not be valid unless the applicant has been provided an initial ticket by a regional notification center pursuant to Section 4216.2. For purposes of this section, “state agency” means every state agency, department, division, bureau, board, or commission, including the Department of Transportation.
(b) This article does not exempt any person or corporation from Sections 7951, 7952, and 7953 of the Public Utilities Code.
(Amended by Stats. 2016, Ch. 809, Sec. 9. (SB 661) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.11.

4216.11. On or before January 1, 2020, the board shall adopt regulations to establish minimum elements for the onsite meeting and minimum elements for the mutually agreed-upon plan described in paragraph (1) of subdivision (c) of Section 4616.10 for managing an area of continual excavation.
(Added by Stats. 2017, Ch. 26, Sec. 51. (SB 92) Effective June 27, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.12.

4216.12. (a) The Dig Safe Board is hereby created under, and shall be assisted by the staff of, the Office of the State Fire Marshal until January 1, 2022. On and after January 1, 2022, the board shall be within the Office of Energy Infrastructure Safety within the Natural Resources Agency pursuant to Part 7.3 (commencing with Section 15470) of Division 3 of Title 2.
(b) The board shall perform the following tasks:
(1) Coordinate education and outreach activities that encourage safe excavation practices, as described in Section 4216.17.
(2) Develop standards, as described in Section 4216.18.
(3) Investigate possible violations of this article, as described in Section 4216.19.
(4) Enforce this article to the extent authorized by subdivision (e) of Section 4216.6.
(c) Notwithstanding any other law, on and after January 1, 2020, the board shall be subject to review by the appropriate policy committees of the Legislature at least once every three years.
(Amended by Stats. 2020, Ch. 307, Sec. 7. (SB 865) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.13.

4216.13. (a) The board shall be composed of nine members, of which seven shall be appointed by the Governor, one shall be appointed by the Speaker of the Assembly, and one shall be appointed by the Senate Committee on Rules.
(b) The seven members appointed by the Governor shall be appointed, as follows:
(1) Three members shall have knowledge and expertise in the operation of subsurface installations. Of those three members, one shall have knowledge and expertise in the operation of the subsurface installations of a municipal utility. At least one of the three members shall have knowledge and experience in the operation of high priority subsurface installations.
(2) Three members shall have knowledge and experience in contract excavation for employers who are not operators of subsurface installations. Of the three members, one member shall be a general engineering contractor, one member shall be a general building contractor, and one member shall be a specialty contractor. For the purposes of this section, the terms “general engineering contractor,” “general building contractor,” and “specialty contractor” shall have the meanings given in Article 4 (commencing with Section 7055) of Chapter 9 of Division 3 of the Business and Professions Code.
(3) One member shall have knowledge and expertise in performing or managing agricultural operations in the vicinity of subsurface installations.
(c) The member appointed by the Speaker of the Assembly shall have knowledge and expertise in representing in safety matters the workers employed by contract excavators.
(d) The member appointed by the Senate Committee on Rules shall have knowledge and expertise in subsurface installation location and marking and shall not be under the direct employment of an operator.
(e) The board may invite two directors of operations or other appropriate representatives of regional notification centers to be nonvoting ex officio members of the board.
(Amended by Stats. 2017, Ch. 26, Sec. 53. (SB 92) Effective June 27, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.14.

4216.14. (a) The term of a member of the board is four years. Of the first members of the board, four members, determined by lot, shall serve for two years so that the terms of the members shall be staggered.
(b) A member shall not be appointed for more than two consecutive full terms.
(c) To the extent possible, the appointing power shall fill any vacancy in the membership of the board within 60 days after the vacancy occurs.
(d) Upon the recommendation of the board, the Governor may remove a member appointed by the Governor for incompetence or misconduct.
(e) The board shall select a chairperson from among its members at the first meeting of each calendar year or when a vacancy in the chair exists.
(f) Subject to subdivision (g), the manner in which the chairperson is selected and the chairperson’s term of office shall be determined by the board.
(g) A member of the board shall not serve more than two consecutive years as the chairperson of the board.
(Added by Stats. 2016, Ch. 809, Sec. 13. (SB 661) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.15.

4216.15. The board shall meet at least once every three months. The board shall hold meetings in Sacramento and Los Angeles, and in other locations in the state it deems necessary.
(Added by Stats. 2016, Ch. 809, Sec. 14. (SB 661) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.16.

4216.16. The board may obtain funding for its operational expenses from:
(a) A federal grant.
(b) A fee charged to members of the regional notification centers not to exceed the reasonable regulatory cost incident to enforcement of this article. The board shall apportion the fee in a manner consistent with formulas used by the regional notification centers. Revenues derived from the imposition of this fee shall be deposited in the Safe Energy Infrastructure and Excavation Fund.
(c) Any other source.
(d) The board shall not charge a fee to a person for notifying the regional notification center to obtain a ticket or to renew a ticket.
(Added by Stats. 2016, Ch. 809, Sec. 15. (SB 661) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.17.

4216.17. (a) The board shall annually convene a meeting for the following purposes:
(1) To understand the existing needs for education and outreach, including to those groups with the highest awareness and education needs, including, but not limited to, homeowners.
(2) To facilitate discussion on how to coordinate existing education and outreach efforts with state and local government agencies, California operators, regional notification centers, and trade associations that fund outreach and education programs that encourage safe excavation practices.
(b) In addition to state and local government agencies, California operators, regional notification centers, and trade associations that fund outreach and education programs that encourage safe excavation practices, the meeting pursuant to subdivision (a) shall include representatives of groups that may be the target of those outreach and education efforts.
(c) For violations that are neither egregious nor persistent, the board shall offer violators the option of completing an educational course in lieu of paying a fine. To develop the programming for the educational option, the board may contract with a third party or create the curriculum itself.
(d) Upon appropriation by the Legislature, moneys in the Safe Energy Infrastructure and Excavation Fund shall be available to the board to fund the educational course developed pursuant to subdivision (c).
(Amended by Stats. 2020, Ch. 307, Sec. 8. (SB 865) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.18.

4216.18. The board shall develop a standard or set of standards relevant to safety practices in excavating around subsurface installations and procedures and guidance in encouraging those practices. When possible, standards should be informed by publicly available data, including, but not limited to, that collected by state and federal agencies and by the regional notification centers pursuant to subdivision (g) of Section 4216.6, and the board should refrain from using data about facility events not provided either to a state or federal agency or as statewide information, as defined in paragraph (2) of subdivision (h) of Section 4216.6. The standard or set of standards are not intended to replace other relevant standards, including the Best Practices of the Common Ground Alliance, but are to inform areas currently without established standards. The standard or set of standards shall address all of the following:
(a) Evidence necessary for excavators and operators to demonstrate compliance with Sections 4216.2, 4216.3, 4216.4, and 4216.10.
(b) What constitutes reasonable care, as required by paragraph (1) of subdivision (a) of Section 4216.4, in using hand tools around subsurface installations within the tolerance zone, considering the need to balance worker safety in trenches with the protection of subsurface installations. As part of determining reasonable care, the board shall consider the appropriate additional excavating depth an excavator should make if either of the following occur:
(1) The subsurface installation is delineated within the tolerance zone but it is not in conflict with the excavation.
(2) The location of a subsurface installation is determined, but additional subsurface installations may exist immediately below the located subsurface installation.
(c) What constitutes reasonable care, as required by paragraph (1) of subdivision (a) of Section 4216.4, in grading activities on road shoulders and dirt roads which may include standards for potholing.
(Amended by Stats. 2017, Ch. 26, Sec. 54. (SB 92) Effective June 27, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.19.

4216.19. (a) The board shall investigate possible violations of this article.
(b) The board may investigate reports of incident events, as defined in paragraph (1) of subdivision (h) of Section 4216.6, and complaints from affected parties and members of the public.
(c) In determining whether to pursue an investigation, the board shall consider whether the parties have settled the matter and whether further enforcement is necessary as a deterrent to maintain the integrity of subsurface installations and to protect the safety of excavators and the public.
(d) If the board, upon the completion of an investigation, finds a probable violation of the article, the board shall transmit the investigation results and any recommended penalty to the state or local agency pursuant to subdivision (c) or (d) of Section 4216.6.
(e) Sanctions shall be graduated and may include notification and information letters, direction to attend relevant education, and financial penalties. When considering the issuance of citations and assessment of penalties, the board shall consider all of the following:
(1) The type of violation and its gravity.
(2) The degree of culpability.
(3) The operator’s or excavator’s history of violations.
(4) The operator’s or excavator’s history of work conducted without violations.
(5) The efforts taken by the violator to prevent violation and, once the violation occurred, the efforts taken to mitigate the safety consequences of the violation.
(Amended by Stats. 2018, Ch. 51, Sec. 8. (SB 854) Effective June 27, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.21.

4216.21. (a) For an investigation that the board undertakes as a result of a complaint of a violation of Section 4216.2, 4216.3, 4216.4, or 4216.10, the complainant shall not file an action in court for damages based on those violations until the investigation is complete, or for 6 months after the investigation begins, whichever comes first, during which time, applicable statutes of limitation shall be tolled.
(b) If a complainant files an action in court against a person for damages based upon violations of Section 4216.2, 4216.3, 4216.4, or 4216.10, after the completion of a board investigation in which the person was found not to have violated the article, the complainant shall also notify the board when the action is filed.
(c) This section only applies to a claim for damages to a subsurface installation.
(d) This section shall become operative on July 1, 2020.
(Repealed (in Sec. 56) and added by Stats. 2017, Ch. 26, Sec. 57. (SB 92) Effective June 27, 2017. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.22.

4216.22. Consistent with all laws of this state, the board may prescribe rules and regulations as may be necessary or proper to carry out the purposes and intent of this act and to exercise the powers and duties conferred upon it by this act.
(Added by Stats. 2016, Ch. 809, Sec. 20. (SB 661) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.23.

4216.23. (a) Notwithstanding Section 10231.5, the board shall report to the Governor and the Legislature on or before February 1, 2018, and each year thereafter, on the activities of the board and any recommendations of the board.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.
(Added by Stats. 2016, Ch. 809, Sec. 21. (SB 661) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.1 - Protection of Underground Infrastructure › ARTICLE 2 - Regional Notification Center System › Section 4216.24.

4216.24. The Safe Energy Infrastructure and Excavation Fund is hereby established in the State Treasury. Moneys deposited into the fund shall be used, upon appropriation by the Legislature, to cover the operational expenses of the board and for the purposes specified in subdivision (c) of Section 4216.17, except that revenues derived from penalties imposed pursuant to Section 4216.6 shall not be used for operational expenses.
(Amended by Stats. 2017, Ch. 561, Sec. 67. (AB 1516) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.2 - Energy Conservation Contracts › Section 4217.10.

4217.10. To help implement the policy set forth in Section 25008 of the Public Resources Code, and to extend that policy to facilities of local governments, public agencies may develop energy conservation, cogeneration, and alternate energy supply sources at the facilities of public agencies in accordance with this chapter.
(Added by Stats. 1983, Ch. 868, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.2 - Energy Conservation Contracts › Section 4217.12.

4217.12. (a) Notwithstanding any other provision of law, a public agency may enter into an energy service contract and any necessarily related facility ground lease on terms that its governing body determines are in the best interests of the public agency if the determination is made at a regularly scheduled public hearing, public notice of which is given at least two weeks in advance, and if the governing body finds:
(1) That the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the public agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.
(2) That the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent, is anticipated to be offset by below-market energy purchases or other benefits provided under the energy service contract.
(b) State agency heads may make these findings without holding a public hearing.
(Amended by Stats. 1998, Ch. 328, Sec. 7. Effective August 21, 1998.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.2 - Energy Conservation Contracts › Section 4217.13.

4217.13. Notwithstanding any other provision of law, a public agency may enter into a facility financing contract and a facility ground lease on terms that its governing body determines are in the best interest of the public agency if the determination is made at a regularly scheduled public hearing, public notice of which is given at least two weeks in advance, and if the governing body finds that funds for the repayment of the financing or the cost of design, construction, and operation of the energy conservation facility, or both, as required by the contract, are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or from funding that otherwise would have been used for purchase of electrical, thermal, or other energy required by the public agency in the absence of the energy conservation facility, or both. State agency heads may make these findings without holding a public hearing.
(Amended by Stats. 1998, Ch. 328, Sec. 8. Effective August 21, 1998.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.2 - Energy Conservation Contracts › Section 4217.14.

4217.14. Notwithstanding any other provision of law, the public agency may enter into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility at such rates and on such terms as are approved by its governing body. Any such contract may provide for a commitment of firm electrical capacity.
(Added by Stats. 1983, Ch. 868, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.2 - Energy Conservation Contracts › Section 4217.15.

4217.15. The public agency may, but is not required to, base the findings required under Sections 4217.12 and 4217.13 on projections for electrical and thermal energy rates from the following sources:
(a) The public utility which provides thermal or electrical energy to the public agency.
(b) The Public Utilities Commission.
(c) The State Energy Resources Conservation and Development Commission.
(d) The projections used by the Department of General Services for evaluating the feasibility of energy conservation facilities at state facilities located within the same public utility service area as the public agency.
(Added by Stats. 1983, Ch. 868, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.2 - Energy Conservation Contracts › Section 4217.16.

4217.16. Prior to awarding or entering into an agreement or lease, the public agency may request proposals from qualified persons. After evaluating the proposals, the public agency may award the contract on the basis of the experience of the contractor, the type of technology employed by the contractor, the cost to the local agency, and any other relevant considerations. The public agency may utilize the pool of qualified energy service companies established pursuant to Section 388 of the Public Utilities Code and the procedures contained in that section in awarding the contract.
(Amended by Stats. 1998, Ch. 328, Sec. 9. Effective August 21, 1998.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.2 - Energy Conservation Contracts › Section 4217.17.

4217.17. This chapter does not limit the authority of any public agency to construct energy conservation projects or to enter into other leases or contracts relating to the financing construction, operation, or use of alternate energy type facilities in any manner authorized under existing law. This chapter shall not be construed to abrogate Section 14671.6.
(Amended by Stats. 1998, Ch. 328, Sec. 10. Effective August 21, 1998.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.2 - Energy Conservation Contracts › Section 4217.18.

4217.18. The provisions of this chapter shall be construed to provide the greatest possible flexibility to public agencies in structuring agreements entered into hereunder so that economic benefits may be maximized and financing and other costs associated with the design and construction of alternate energy projects may be minimized. To this end, public agencies and the entities with whom they contract under this chapter should have great latitude in characterizing components of energy conservation facilities as personal or real property and in granting security interests in leasehold interests and components of the alternate energy facilities to project lenders.
(Added by Stats. 1983, Ch. 868, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.2 - Energy Conservation Contracts › Section 4217.19.

4217.19. The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public Utilities Code, in addition to the authority to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources, as specified in Sections 4217.12 to 4217.14, inclusive, may enter into energy service contracts, facility financing contracts, and contracts for the sale of energy resources relating to green electrolytic hydrogen, as that term is defined in Section 400.2 of the Public Utilities Code, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.
(Added by Stats. 2023, Ch. 410, Sec. 1. (SB 746) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 3.3 - Regional Interoperable Communications System in Los Angeles County › Section 4218.

4218. Notwithstanding Chapter 10 (commencing with Section 4525) of Division 5 of this code, or Part 3 (commencing with Section 20100) of Division 2 of the Public Contract Code, the County of Los Angeles or the Los Angeles Regional Interoperable Communication System Authority may solicit proposals and enter into agreements with private entities for the delivery of a regional interoperable communications system and all related infrastructure to be used by public safety agencies and emergency responders located in the County of Los Angeles, including, but not limited to, the studying, planning, design, developing, and financing of the system, the delivery and installation of equipment, the architectural and engineering design of the improvements to real property, the construction of the improvements to real property, and the maintenance, rebuilding, repair, or operation, or any combination thereof, pertaining to that regional interoperable communications system. The solicitation process shall ensure that the contractor is selected in compliance with a “procurement by competitive proposals” process as described in Section 24.36 of Title 15 of the Code of Federal Regulations.
(Added by Stats. 2011, Ch. 400, Sec. 1. (AB 946) Effective October 2, 2011.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 1 - American-Made Materials › Section 4300.

4300. As used in this article:
(a) “United States” means the United States of America, and includes any Territory or insular possession of the United States.
(b) “Produced” includes mined and manufactured.
(c) “Materials” includes articles and supplies.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 1 - American-Made Materials › Section 4301.

4301. This article does not apply to materials which are of a class or kind which are not, or which are manufactured from materials which are not, produced in the United States, nor to key-driven calculators manufactured in branch plants located outside continental United States, but which plants are wholly owned and operated by a corporation the majority of whose stock is owned or controlled by an American manufacturer whose principal manufacturing centers and home offices are located in the United States.
(Amended by Stats. 1955, Ch. 607.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 1 - American-Made Materials › Section 4302.

4302. This article does not apply to medical and surgical instruments, scientific equipment, microscopes, lenses, or instruments used for scientific or medical purposes, including research.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 1 - American-Made Materials › Section 4302.5.

4302.5. The provisions of this article do not apply to the purchase of sewing machines, regardless of the place of their manufacture or the source of the materials from which such machines were manufactured.
(Added by Stats. 1957, Ch. 1829.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 1 - American-Made Materials › Section 4302.6.

4302.6. The provisions of this article do not apply to the purchase of printing presses of rotary gripper system or single revolution design, which are purchased exclusively for use in schools and colleges for educational purposes; provided, however, that if printing presses of rotary gripper system or single revolution design are manufactured within the United States that only such presses as are manufactured in the United States shall be purchased.
(Added by Stats. 1959, Ch. 1254.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 1 - American-Made Materials › Section 4303.

4303. The governing body of any political subdivision, municipal corporation, or district, and any public officer or person charged with the letting of contracts for (1) the construction, alteration, or repair of public works or (2) for the purchasing of materials for public use, shall let such contracts only to persons who agree to use or supply only such unmanufactured materials as have been produced in the United States, and only such manufactured materials as have been manufactured in the United States, substantially all from materials produced in the United States.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 1 - American-Made Materials › Section 4303.5.

4303.5. Any provision of this article to the contrary notwithstanding, any such body or person may let a contract for the purchase of office machines or supplies therefor without regard to the place of their manufacture or the source of the materials from which such machines or supplies are manufactured, except that such contracts or purchases shall be subject to the provisions of Section 4334.
(Added by Stats. 1955, Ch. 1335.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 1 - American-Made Materials › Section 4304.

4304. Every contract for the construction, alteration or repair of public works or for the purchase of materials for public use shall contain a provision that only unmanufactured materials produced in the United States, and only manufactured materials manufactured in the United States, substantially all from materials produced in the United States shall be used in the performance of the contract.
Any person who fails to comply with such provision shall not be awarded any contract to which this article applies for a period of three years from the date of the violation.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 1 - American-Made Materials › Section 4305.

4305. The name of the person failing to comply, together with a report of the facts constituting the violation, shall be posted by the governing board or person who let the contract in at least three public places in the county in which the contract was made.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 2 - California-Made Materials › Section 4330.

4330. As used in this article, “supplies” includes goods, wares, merchandise, and manufactures.
(Amended by Stats. 2017, Ch. 785, Sec. 3. (AB 822) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 2 - California-Made Materials › Section 4331.

4331. Price, fitness, and quality being equal, any body, officer, or other person charged with the purchase, or permitted or authorized to purchase supplies for the use of the state, or of any of its institutions or offices, or for the use of any county or city shall always prefer supplies manufactured or produced in the state, and shall next prefer supplies partially manufactured or produced in the state.
(Amended by Stats. 2017, Ch. 785, Sec. 4. (AB 822) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 2 - California-Made Materials › Section 4332.

4332. All State, county, or city officers, all bodies, and other persons charged with advertising for supplies shall state in their advertisement that such preferences for California-made supplies will be made.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 2 - California-Made Materials › Section 4333.

4333. In any advertisement for supplies no bid shall be asked for any article of a specific brand or mark nor any patent apparatus or appliances, when such requirement would prevent proper competition on the part of dealers in other articles of equal value, utility, or merit.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 2 - California-Made Materials › Section 4334.

4334. Public officers and bodies charged with the letting of contracts for public work, with the construction of public bridges, buildings and other structures, or with the purchase of supplies for any public use may give such contracts and purchase such supplies from persons manufacturing in the State the supplies to be used pursuant to contract or the supplies to be purchased if:
(a) The bids of such persons, or the prices quoted by them, do not exceed by more than 5 per cent the lowest bids or prices quoted by persons manufacturing the supplies outside the State.
(b) The major portion of the work of manufacturing the supplies is not done outside the State.
(c) In the opinion of the public officers or bodies, the public good will be served thereby.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 4 - Preference for Materials › ARTICLE 3 - Services and Supplies of Agricultural Aircraft Operators › Section 4360.

4360. As used in this article
(a) “Agricultural aircraft operator” means any person who applies, from an aircraft, chemicals, seeds, or fertilizers.
(b) “Services” means the application, from an aircraft, of chemicals, seeds, or fertilizers.
(c) “Supplies” means supplies used by an agricultural aircraft operator in performing services.
(Added by Stats. 1955, Ch. 1107.)