California Gov. Gavin Newsom's office is refusing to make public the details of a nearly $1 billion contract the state has with a China-based carmaker for protective masks.
The Office of Emergency Services responded to a public records request via a letter to the Los Angeles Times in which it said the state is not required to disclose information pertaining to the controversial $990 million deal with BYD North America.
"Cal OES (California Governor's Office of Emergency Services) determined all responsive records are exempt from disclosure, including exemptions for records reflecting attorney work product, attorney-client privileged information, or other information exempt from disclosure under federal or state law," attorney Ryan Gronsky wrote.
Newsom announced the deal in early April and said California would receive 200 million masks every month, including 150 million N95 masks. He said it would allow the state to serve as a distributor for other Western states that need the coveted medical supplies during the coronavirus pandemic that has sickened around 60,000 Californians and killed almost 2,500.
"As a nation-state with a capacity to write a check for hundreds of millions — no, billions of dollars — we are in a position to do something bold and big that could be a catalyst to increase supply," Newsom said at the time. "We want to be there for our fellow governors."
In the letter dated Monday, Gronsky said it would not be prudent to publicize details of the contract until all masks are delivered.
"Publishing the agreement now — before performance under the contract is complete — would introduce substantial and unnecessary risk to the state's ability to secure necessary supplies," he wrote.
California, reports the Times, took its first delivery of masks — 3 million of them — from BYD last month. BYD is based in Shenzhen, China, and manufactures electric vehicles. It has a plant in Lancaster, California, where it makes electric buses.
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