Notwithstanding Section 1120 or any other provision of law, all funds allocated for fish purchases for the department’s urban fishing program shall be used to purchase all fish and aquatic organisms by contract, pursuant to the requirements of the Public Contract Code, from private registered aquaculture facilities within the state unless the department determines one of the following conditions exists:
(a) After reasonable notice, the private facilities are unable to provide the specified fish or aquatic organism.
(b) The fish or aquatic organism is infected or diseased.