Bill Text: CA SB693 | 2011-2012 | Regular Session | Amended

California Senate Bill 693 (Prior Session Legislation)

Bill Title: Public contracts: local agencies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB693 Detail]

Download: California-2011-SB693-Amended.html

BILL NUMBER: SB 693	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2011

INTRODUCED BY   Senator Dutton

                        FEBRUARY 18, 2011

   An act to  amend Section 5956.1 of the Government Code,
and to  amend Section 116 of the Streets and Highways Code,
relating to public contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 693, as amended, Dutton. Public contracts: local agencies.
   Existing law sets forth requirements for the solicitation and
evaluation of bids and the awarding of contracts by public entities
for the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement.
Existing law also authorizes specified state agencies, cities, and
counties to implement alternative procedures for the awarding of
contracts on a design-build basis. Existing law authorizes the
Department of Transportation and regional transportation agencies to
enter into public-private partnerships for transportation projects
under certain conditions. Existing law authorizes the department to
delegate to any city or county any part of its powers and
jurisdiction, except the power of approval, with respect to any
portion of any state highway within the city or county, and to
withdraw the delegation.
   This bill would specify that the delegation authority includes the
authority to utilize private-public partnership agreements for
transportation projects.  The bill would also make findings
and declarations related to local agency contracting. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    The Legislature hereby finds and
declares the following:
   (a) It is the intent of the Legislature to provide local
jurisdictions with more flexibility for job creation and expedited
transportation infrastructure project completion by authorizing
public-private partnerships and alternative procedures for bidding
and building transportation projects.
   (b) The Legislature has recognized the merits of alternative
project delivery methods such as public-private partnerships and the
design-build procurement process in the past by authorizing its use
for projects undertaken by school districts, the University of
California, specified local government projects, state office
buildings, and public transit projects.  
  SEC. 2.    Section 5956.1 of the Government Code
is amended to read:
   5956.1.  (a) It is the intent of the Legislature that local
governmental agencies have the authority and flexibility to utilize
private investment capital to study, plan, design, construct,
develop, finance, maintain, rebuild, improve, repair, or operate, or
any combination thereof, fee-producing infrastructure facilities.
Without the ability to utilize private sector investment capital to
study, plan, design, construct, develop, finance, maintain, rebuild,
improve, repair, or operate, or any combination thereof,
fee-producing infrastructure facilities, the Legislature finds that
some local governmental agencies will not be able to adequately,
competently, or satisfactorily retrofit, reconstruct, repair, or
replace existing infrastructure and will not be able to adequately,
competently, or satisfactorily design and construct new
infrastructure.
   (b) It is further the intent of the Legislature that
infrastructure projects may be financed by a combination of public
funding, including federal, state, and local funds, and private
sector financing under this chapter. 
   SEC. 3.   SECTION 1.   Section 116 of
the Streets and Highways Code is amended to read:
   116.  The department may delegate to any such city or county any
part of the powers and jurisdiction vested by law in the department,
including authority to utilize private-public partnership agreements
pursuant to Section 143 for transportation projects, except the power
of approval, with respect to any portion of any such state highway
within such city or county, and may withdraw such delegation.