Bill Text: CA AB1037 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Infrastructure construction: digital construction management technologies.

Spectrum: Bipartisan Bill

Status: (Passed) 2022-09-23 - Chaptered by Secretary of State - Chapter 493, Statutes of 2022. [AB1037 Detail]

Download: California-2021-AB1037-Amended.html

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Amended  IN  Assembly  May 03, 2021

Amended  IN  Assembly  April 20, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1037

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Introduced by Assembly Member Grayson
(Coauthor: Assembly Member Patterson)

February 18, 2021

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An act to add Chapter 14.1 6.6 (commencing with Section 5960) 14849) to Part 5.5 of Division 6 3 of Title 1 2 of the Government Code, relating to infrastructure.

LEGISLATIVE COUNSEL'S DIGEST

AB 1037, as amended, Grayson. Infrastructure construction: digital construction management technologies.

Existing law, the Bergeson-Peace Infrastructure and Economic Development Bank Act, establishes the Infrastructure and Economic Development Bank and authorizes it to, among other things, issue bonds, make loans, and provide other financial assistance to various types of projects that constitute economic development facilities or public development facilities.

This bill would require a civil infrastructure project, as defined, with a project cost greater than $50,000,000 that receives any state funding and begins preconstruction activities after January 1, 2022, to deploy digital construction management technologies, as defined. The bill would require an awarding agency to require a bid or proposal for a civil infrastructure project contract to include a digital construction management plan that describes how the bidder would utilize digital construction management technology to significantly reduce project cost, improve project delivery times, or increase project quality, as specified. The bill would require a state agency that constructs or manages a civil infrastructure project to develop a comprehensive multiyear and multidiscipline plan to fully integrate and deploy digital construction management technologies across the agency by January 1, 2025, as specified.

This bill would require the Department of General Services to develop guidance, policies, and procedures for the integration and development of digital construction technologies for use on a civil infrastructure project, as defined, that is developed by specified state entities and has a state project cost of greater than $50,000,000. The bill would require the guidance, policies, and procedures to be published in the State Administrative Manual and the State Contracting Manual, as appropriate, by January 1, 2023. The bill would require the guidance, policies, and procedures to include, among other things, the method for a state department to implement a requirement that a bid or proposal for a civil infrastructure project contract include a digital construction management plan, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) According to the Legislative Analyst’s Office budget outlook, the budget for the 2021–22 fiscal year is expected to have a windfall, but it is also expected to see an operating deficit growing to around seventeen billion dollars ($17,000,000,000) by the 2024–25 fiscal year.

(b) According to the 2021 Five-Year Infrastructure Plan, the state’s investments in infrastructure can be leveraged to create jobs that contribute to expediting California’s economic recovery.

(c) According to the 2021 Five-Year Infrastructure Plan, building resilience into decisions related to both built and natural infrastructure is critical to California’s future and will require strategic investments in the state’s capital assets and natural systems.

(d) As the state distributes federal infrastructure funding or leverages state funds for new civil infrastructure projects in an effort to climb out of the COVID-19-induced recession, it should seek to maximize taxpayer dollars and drive the best possible value for its investments.

(e) Digital construction management technologies empower governments and asset owners to accelerate civil infrastructure project delivery time, reduce cost and waste, develop more sustainable infrastructure, improve worker safety, enable remote work, and enhance resiliency.

(f) According to the United States Department of Transportation Federal Highway Administration, digital construction management technologies have been successfully utilized by various state departments of transportation, including those in Michigan, Minnesota, Florida, Texas, Pennsylvania, North Carolina, Wisconsin, and Iowa. The Michigan Department of Transportation has saved approximately twelve million dollars ($12,000,000) in added efficiencies and 6,000,000 pieces of paper annually by using electronic document storage for its one-billion-dollar ($1,000,000,000) construction programs, while reducing its average contract modification processing time from 30 days to 3 days.

(g) California government departments responsible for developing infrastructure projects have implemented these tools, but have done so inconsistently across projects and agencies, without standards or uniform policies.

(h) The lack of uniformity can lead to incomplete and inaccurate contract records and missing information from completed projects, including from contractors, that could assist in the development of future projects, as well as maintenance and operations.

(i) It is the intent of the Legislature to promote the use of digital construction management technologies on civil infrastructure projects within California to reduce delivery time, reduce cost and waste, develop more sustainable infrastructure, improve worker safety, enable remote work, and enhance resiliency.

SEC. 2.Chapter 14.1 (commencing with Section 5960) is added to Division 6 of Title 1 of the Government Code, to read:

SEC. 2.

 Chapter 6.6 (commencing with Section 14849) is added to Part 5.5 of Division 3 of Title 2 of the Government Code, to read:

CHAPTER  6.6. Digital Construction Technologies for Infrastructure Projects

5960.14849.

 (a) (1) A The Department of General Services shall develop guidance, policies, and procedures for the integration and development of digital construction technologies for use on a civil infrastructure project with a project cost of fifty million dollars ($50,000,000) or more that receives any state funding and begins preconstruction activities after January 1, 2022, shall deploy project. The guidance, policies, and procedures shall include digital construction management technologies from preconstruction to asset life cycle.

(2) The guidance, policies, and procedures shall be published in the State Administrative Manual and the State Contracting Manual, as appropriate, by January 1, 2023.

(2) To the extent practicable, an agency that awards funding for a civil infrastructure project described in subdivision (a) shall require

(3) Among other considerations, the guidance shall include the method for a state department identified in subdivision (b) to implement the requirement that any a bid or proposal for the a civil infrastructure project contract include a digital construction management plan that describes how the bidder, if successful, would utilize digital construction management technology to significantly reduce project cost, improve project delivery times, or increase project quality.

(b)Each state agency that constructs or manages a civil infrastructure project shall develop a comprehensive multiyear and multidiscipline plan to fully integrate and deploy digital construction management technologies across the agency by January 1, 2025. The digital construction management technology agency plan shall include, but not be limited to, all of the following:

(1)An identification of gaps that exist in current deployment and integration of digital construction management technologies.

(2)Plans to increase collaboration and data sharing and accessibility among contractors, subcontractors, departments within the agency, and other state or local governmental agencies when appropriate.

(3)Plans to leverage data collected during the deployment of digital construction management technologies across the asset lifecycle, including in operations and maintenance.

(4)A proposal to incorporate the use of these tools through procurement or contracting, including strategies to ensure small businesses are not adversely impacted.

(b) This chapter shall only apply to a civil infrastructure project developed by an entity listed in subdivision (c) with a state project cost of fifty million dollars ($50,000,000) or more.

(c) The guidance, policies, and procedures developed pursuant to subdivision (a) shall apply to all of the following state entities that undertake a civil infrastructure project:

(1) The Department of Forestry and Fire Protection.

(2) The Department of General Services.

(3) The Department of Parks and Recreation.

(4) The Department of Transportation.

(5) The Department of Water Resources.

(6) The High-Speed Rail Authority.

(7) The Military Department.

(d) Pursuant to Section 14615.1, the development of guidance, policies, and procedures developed by the department under this section shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)).

(c)

(e) For purposes of this chapter:

(1) “Digital construction management technologies” means cloud-based mobile platforms on construction sites by owners and contractors for the collection and organization of and managed accessibility to, accurate data and information related to a construction project, including for project site preparation, field execution, construction project management, document management, coordination and collaboration among stakeholders, reducing the embodied carbon of construction materials, inspection, and commissioning and handover to owner.

(2) “Civil infrastructure” means structures and equipment constructed and managed by a governmental agency and that are integral to the operation of transportation structures, easements, rights-of-way, and other forms of interest in roadways and water conveyances. “Civil infrastructure” includes airports, ports, roads, highways, bridges, water, stormwater systems, and rail and transit.