Bill Text: CA AB155 | 2013-2014 | Regular Session | Chaptered
Bill Title: Monterey County Water Resources Agency: design-build.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 865, Statutes of 2014. [AB155 Detail]
Download: California-2013-AB155-Chaptered.html
BILL NUMBER: AB 155 CHAPTERED
BILL TEXT
CHAPTER 865
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014
APPROVED BY GOVERNOR SEPTEMBER 30, 2014
PASSED THE SENATE AUGUST 18, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 12, 2014
AMENDED IN SENATE JULY 2, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN SENATE JUNE 9, 2014
AMENDED IN SENATE FEBRUARY 20, 2014
AMENDED IN ASSEMBLY MAY 29, 2013
INTRODUCED BY Assembly Member Alejo
(Coauthor: Assembly Member Stone)
(Coauthors: Senators Cannella and Monning)
JANUARY 22, 2013
An act to add Section 11.1 to the Monterey County Water Resources
Agency Act (Chapter 1159 of the Statutes of 1990), relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 155, Alejo. Monterey County Water Resources Agency:
design-build.
(1) Existing law, the Monterey County Water Resources Agency Act,
establishes the Monterey County Water Resources Agency as a flood
control and water agency within the County of Monterey.
This bill would authorize the agency to award a design-build
contract for the combined design and construction of a project to
connect Lake San Antonio, located in the County of Monterey, and Lake
Nacimiento, located in the County of San Luis Obispo, with an
underground tunnel or pipeline for the purpose of maximizing water
storage, supply, and groundwater recharge. Certain alternative
provisions of the bill that would authorize the agency to use a
different design-build procedure, as specified, would become
operative only if SB 785 is enacted and becomes effective on or
before January 1, 2015.
(2) The bill would declare that, due to the unique circumstances
of the agency, a general statute within the meaning of specified
provisions of the California Constitution cannot be made applicable
and a special statute is necessary.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The Salinas Valley contains some of the most fertile land in,
and is a leading provider of produce to, the world, and due to the
economic impact of its production it contributes to the general
economic well-being of the state.
(2) As of 2014, the state, including the County of Monterey, has
experienced extraordinary drought conditions, which threaten, in
part, the economic viability and agricultural production of the
valley.
(3) In light of these extraordinary drought conditions, the
Governor, on January 17, 2014, declared a state of emergency.
(4) The Monterey County Water Resources Agency (hereafter the
agency), established pursuant to Chapter 1159 of the Statutes of
1990, owns and controls two reservoirs: Lake San Antonio, located in
the County of Monterey, and Lake Nacimiento, located in the County of
San Luis Obispo.
(5) These lakes provide water storage for, and flood control
protection to, the Salinas River Groundwater Basin downstream of the
lakes, and also improves water supply and groundwater recharge in the
basin, which contribute to the economic viability and agricultural
production of the valley.
(6) The agency has previously undertaken projects to improve water
storage and groundwater recharge within the basin, including the
Salinas Valley Water Project, which, in part, implemented
modifications to the spillway in the dam at Lake Nacimiento, and in
the operation of the dams and spillways at the lakes.
(7) Despite these projects, the current drought conditions will
have long-term significant impacts on the agricultural production in
the valley, and additional appropriate projects are necessary to
ensure the continued economic viability and agricultural production
in the valley, especially in light of future conditions as may be
affected by global climate change.
(8) The watershed of Lake Nacimiento generally experiences more
runoff from storms and thus provides more water for storage than does
the watershed of Lake San Antonio and, as a result, water otherwise
available for storage at Lake Nacimiento is lost due to volumes
exceeding its storage capacity.
(9) The agency has proposed a project to connect Lake Nacimiento
and Lake San Antonio for the enhancement and benefit of Zone 2c of
the agency by an underground tunnel or pipeline that would be
constructed within a right-of-way or other easement acquired by the
agency for that purpose.
(10) The project will maximize overall water storage at the lakes
by allowing the conveyance of water to Lake San Antonio for storage
that may otherwise overflow from Lake Nacimiento, thus improving the
benefits provided by the lakes and the Salinas Valley Water Project
to the basin and the valley, mitigating the impact of the drought,
and improving the economic viability of the valley and its
agricultural production, all benefitting the state.
(11) Utilizing an alternative project delivery system, consisting
of a design-build contract, will provide benefits by shifting the
liability and risk for cost containment and project completion to the
design-build entity, and will provide for the more timely and
efficient project delivery in light of the current drought conditions
and the Governor's emergency declaration.
(12) The agency has requested the authority to utilize the
alternative project delivery system in conjunction with a project
labor agreement that meets the requirements of Chapter 2.8
(commencing with Section 2500) of Part 1 of Division 2 of the Public
Contract Code so as to complete the project in a more timely and
efficient manner without any disruptions.
(b) It is the intent of the Legislature that the design-build
process set forth in Section 2 or 2.5 of this act may be used by the
agency solely for the purpose of the project, and not for other
purposes.
SEC. 2. Section 11.1 is added to the Monterey County Water
Resources Agency Act (Chapter 1159 of the Statutes of 1990), to read:
Sec. 11.1. (a) The following definitions apply to this section:
(1) "Lakes" means, collectively, Lake San Antonio, located in the
County of Monterey, and Lake Nacimiento, located in the County of San
Luis Obispo, both owned and operated by the Monterey County Water
Resources Agency.
(2) "Project" means a project to connect the lakes with an
underground tunnel or pipeline for the purpose of maximizing water
storage, supply, and groundwater recharge at the lakes, and within
the Salinas River Groundwater Basin and the Salinas Valley proper.
(3) "Project labor agreement" means an agreement that meets the
requirements of Chapter 2.8 (commencing with Section 2500) of Part 1
of Division 2 of the Public Contract Code.
(b) Notwithstanding any other law, upon approval by the board of
directors of the Monterey County Water Resources Agency, the agency
may use the design-build process described in Section 20133 of the
Public Contract Code to assign contracts for the design and
construction of the project.
(c) For purposes of this section, any reference to "county" in
Section 20133 of the Public Contract Code shall mean the Monterey
County Water Resources Agency and its board.
(d) The agency shall ensure that the design-build entity selected
for the project enters into a project labor agreement that will bind
all of the contractors performing work on the project.
(e) The agency may utilize a design-build process solely to award
contracts for the project and for no other purpose.
SEC. 2.5. Section 11.1 is added to the Monterey County Water
Resources Agency Act (Chapter 1159 of the Statutes of 1990), to read:
Sec. 11.1. (a) The following definitions apply to this section:
(1) "Lakes" means, collectively, Lake San Antonio, located in the
County of Monterey, and Lake Nacimiento, located in the County of San
Luis Obispo, both owned and operated by the Monterey County Water
Resources Agency.
(2) "Project" means a project to connect the lakes with an
underground tunnel or pipeline for the purpose of maximizing water
storage, supply, and groundwater recharge at the lakes, and within
the Salinas River Groundwater Basin and the Salinas Valley proper.
(3) "Project labor agreement" means an agreement that meets the
requirements of Chapter 2.8 (commencing with Section 2500) of Part 1
of Division 2 of the Public Contract Code.
(b) Notwithstanding any other law, upon approval by the board, the
agency may use the design-build process described in Chapter 4
(commencing with Section 22160) of Part 3 of Division 2 of the Public
Contract Code to assign contracts for the design and construction of
the project.
(c) For purposes of this section, all references in Chapter 4
(commencing with Section 22160) of Part 3 of Division 2 of the Public
Contract Code to "local agency" shall mean the Monterey County Water
Resources Agency and its board.
(d) The agency shall ensure that the design-build entity selected
for the project enters into a project labor agreement that will bind
all of the contractors performing work on the project.
(e) The agency may utilize a design-build process solely to award
contracts for the project and for no other purpose.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the Monterey County Water
Resources Agency.
SEC. 4. Section 2.5 of this act shall become operative only if
Senate Bill 785 is also enacted and becomes effective on or before
January 1, 2015, in which case Section 2 of this act shall not become
operative.
