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SB-634 Joint powers agreements: contracts.(2003-2004)

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SB634:v98#DOCUMENT

Amended  IN  Senate  March 25, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Senate Bill
No. 634

Introduced  by  Senator Ducheny

February 21, 2003

An act to add Article 42.5 (commencing with Section 20676) to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


SB 634, as amended, Ducheny. Joint powers agreements: contracts.
(1) The Public Contract Code contains a variety of provisions requiring public entities to let contracts to the lowest responsible bidder for projects in excess of specified amounts, rather than undertaking the projects with the entities’ own forces. The charters and legislative enactments of public entities may also contain similar requirements.
This bill would require any expenditure by a joint powers authority, as specified, that exceeds the highest competitive bidding threshold of one of its members to be let by contract to the lowest responsible bidder, as provided.
By imposing a new requirement on local governmental entities as to the manner of undertaking certain projects, this bill would impose a state-mandated local program. (2) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 42.5 (commencing with Section 20676) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read:
Article  42.5. Joint Powers Authorities

This article applies to contracts by joint powers authorities created pursuant to the Joint Exercise of Powers Act contained in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

20677.
 (a) An expenditure by a joint powers authority, that is greater than the highest competitive bidding threshold applicable to a public entity, as defined in Section 1100, that is a member of the joint powers authority, shall be let by contract to the lowest responsible bidder.
(b) Expenditures subject to this section shall be made according to the procedures provided by this code or, if applicable, by the charter or legislative enactments of the public entity that has the highest competitive bidding threshold.
(c) This section applies only to expenditures for the erection, construction, alternation, or repair of any work of improvement that is owned by a public entity.

SEC. 2.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.