Bill Text: CA SB793 | 2017-2018 | Regular Session | Introduced

California Senate Bill 793 (Prior Session Legislation)

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

Bill Title: Competitive bidding: design-build and best value construction contracting.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-10-09 - Chaptered by Secretary of State. Chapter 627, Statutes of 2017. [SB793 Detail]

Download: California-2017-SB793-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 793

Introduced by Senator Hill
(Coauthor: Senator Allen)
(Coauthor: Assembly Member Mullin)

February 17, 2017

An act to add and repeal Sections 32132.9 and 32132.95 of the Health and Safety Code, and to add and repeal Section 5580 of the Public Resources Code, relating to design-build.

LEGISLATIVE COUNSEL'S DIGEST

SB 793, as introduced, Hill. Design-build: special districts.

Existing law establishes procedures for the formation of health care districts and regional open-space districts and prescribes the powers, functions, and duties of those districts, including competitive bidding requirements relating to the construction of facilities or other buildings.

Existing law authorizes certain types of local agencies and other entities to use the design-build process when contracting for the construction of a building or improvements directly related to construction of certain facilities or buildings in those entities’ jurisdictions, as specified. Existing law sets forth the procurement process for design-build projects, as specified, and requires specified information submitted by design-build entities to be certified under penalty of perjury.

This bill would authorize, until January 1, 2023, the Beach Cities Health District, the Peninsula Health Care District, and the Midpeninsula Regional Open Space District to use the design-build process for the construction of facilities or other buildings in those districts, as specified. Because the bill would expand the application of the procurement process to additional design-build entities, the bill would expand the crime of perjury, thereby imposing a state-mandated local program.

Existing law, except as specified, authorizes a local agency, with approval of its governing body, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract either the low bid or the best value, provided that those provisions do not apply to any projects on the state highway system.

This bill would exempt the Midpeninsula Regional Open Space District from the minimum project limitation of $1,000,000.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Beach Cities Health District, the Peninsula Health Care District, and the Midpeninsula Regional Open Space District.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.

Section 32132.9 is added to the Health and Safety Code, to read:

32132.9.

(a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Beach Cities Health District, the design-build process 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 facilities or other buildings in that district.

(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 Beach Cities Health District and its board of directors.

(c) To the extent that any project utilizing the design-build process authorized by subdivision (a) is otherwise required to comply 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), this section shall not be construed as an exemption from that act.

(d) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 2.

Section 32132.95 is added to the Health and Safety Code, to read:

32132.95.

(a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Peninsula Health Care District, the design-build process 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 facilities or other buildings in that district.

(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 Peninsula Health Care District and its board of directors.

(d) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 3.

Section 5580 is added to the Public Resources Code, to read:

5580.

(a) Notwithstanding Section 5594 or any other law, upon approval by the board of directors of the Midpeninsula Regional Open Space District, the design-build process 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 facilities or other buildings in that district.

(b) The minimum project limitation of one million dollars ($1,000,000), as described in subdivision (a) of Section 22162 of the Public Contract Code, shall not apply to the Midpeninsula Regional Open Space District.

(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 Midpeninsula Regional Open Space District and its board of directors.

(d) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 4.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the Beach Cities Health District, the Peninsula Health Care District, and the Midpeninsula Regional Open Space District.

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.