Bill Text: CA SB268 | 2013-2014 | Regular Session | Enrolled

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

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Bill Title: Health care districts: public contracts: design-build.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2014-05-29 - Chaptered by Secretary of State. Chapter 18, Statutes of 2014. [SB268 Detail]

Download: California-2013-SB268-Enrolled.html

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BILL NUMBER: SB 268	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JANUARY 30, 2014
	PASSED THE ASSEMBLY  MAY 19, 2014
	AMENDED IN SENATE  JANUARY 27, 2014
	AMENDED IN SENATE  JANUARY 6, 2014
	AMENDED IN SENATE  MARCH 18, 2013

INTRODUCED BY   Senator Gaines

                        FEBRUARY 13, 2013

   An act to add Section 32132.7 to the Health and Safety Code,
relating to health care districts, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 268, Gaines. Health care districts: public contracts:
design-build.
   The Local Health Care District Law provides for local health care
districts which govern certain health care facilities. Each health
care district has specific duties and powers respecting the creation,
administration, and maintenance of the districts, including to
purchase, receive, take, hold, lease, use, and enjoy property of
every kind and description within and without the limits of the
district.
   The Local Agency Public Construction Act establishes bidding
procedures for the award of construction contracts by local agencies.

    The act authorizes counties, with the approval of the board of
supervisors, to use a design-build procedure for building contracts
in excess of $2,500,000.
   This bill would authorize the Last Frontier Health Care District
to use this design-build process when contracting for the
construction of a building and improvements directly related to a
hospital or health facility building at the Modoc Medical Center.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Last Frontier Health Care
District.
   Certain alternative provisions that would authorize the Last
Frontier Health Care District to use a different design-build
procedure, as specified, would become operative only if SB 785 is
enacted and takes effect on or before January 1, 2015, in which case
the other authority described above would no longer be operative.
   This bill would declare that it is to take effect immediately as
an urgency statute.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares both of the
following:
   (1) Utilizing a design-build contract requires a clear
understanding of the roles and responsibilities of each participant
in the process.
   (2) Cost benefits for health care districts are achieved by
shifting the liability and risk for cost containment and project
completion to the design-build entity.
   (b) It is the intent of the Legislature that the design-build
process be used by health care districts solely for buildings
associated with hospitals and health care and not for other
infrastructure, including, but not limited to, streets, highways,
public rail transit, roads, bridges, water resources facilities, and
related infrastructure.
  SEC. 2.  Section 32132.7 is added to the Health and Safety Code, to
read:
   32132.7.  (a) Notwithstanding Section 32132 or any other law, upon
approval by the board of directors of the Last Frontier Health Care
District, the design-build procedure described in Section 20133 of
the Public Contract Code may be used to assign contracts for the
construction of a building or improvements directly related to
construction of a hospital or health facility building at the Modoc
Medical Center.
   (b) For purposes of this section, all references in Section 20133
of the Public Contract Code to "county" and "board of supervisors"
shall mean the Last Frontier Health Care District and its board of
directors.
   (c) A hospital building project utilizing the design-build process
authorized by subdivision (a) shall be reviewed and inspected in
accordance with the standards and requirements of the Alfred E.
Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
(commencing with Section 129675) of Part 7 of Division 107).
  SEC. 2.5.  Section 32132.7 is added to the Health and Safety Code,
to read:
   32132.7.  (a) Notwithstanding Section 32132 or any other law, upon
approval by the board of directors of the Last Frontier Health Care
District, the design-build procedure described in Chapter 4
(commencing with Section 22160) of Part 3 of Division 2 of the Public
Contract Code may be used to assign contracts for the construction
of a building or improvements directly related to construction of a
hospital or health facility building at the Modoc Medical Center.
   (b) 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 Last Frontier Health
Care District and its board of directors.
   (c) A hospital building project utilizing the design-build process
authorized by subdivision (a) shall be reviewed and inspected in
accordance with the standards and requirements of the Alfred E.
Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
(commencing with Section 129675) of Part 7 of Division 107).
  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 Last Frontier Health Care
District.
  SEC. 4.  Section 2.5 of this act shall become operative on the date
that Senate Bill 785 takes effect if Senate Bill 785 is also enacted
and takes effect on or before January 1, 2015, in which case Section
2 of this bill shall become inoperative on the date that Senate Bill
785 takes effect.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to comply with health regulations and meet increasing
demand for health care services, it is necessary that this act take
effect immediately.