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AB-1315 Public contracts: water pollution prevention plans: delegation.(2015-2016)

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Amended  IN  Assembly  April 21, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 1315


Introduced by Assembly Member Alejo
(Coauthor: Assembly Member Frazier)

February 27, 2015


An act to add Section 7107.5 to the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1315, as amended, Alejo. Public contracts: water pollution prevention plans: delegation.
Existing law prohibits a local public entity, charter city, or charter county from requiring a bidder on a public works contract to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications on public works projects, except as specified.
Existing law requires the State Water Resources Control Board and the 9 California regional water quality control boards to prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law regulates the discharge of pollutants in storm water associated with construction activity to waters of the United States from construction sites that disturb one or more acres of land surface, or that are part of a common plan of development or sale that disturbs more than one acre of land surface.
This bill would prohibit a public entity, charter city, or charter county from delegating to a contractor the development of a plan, as defined, used to prevent or reduce water pollution or runoff on a public works contract, except as provided. By requiring a public entity, charter city, or charter county to prepare a plan, the bill would impose a state-mandated local program. The bill would also prohibit a public entity, charter city, or charter county from requiring a contractor on a public works contract that includes compliance with a plan to assume responsibility for the completeness and accuracy of a plan developed by that entity. The bill would also declare that this is a matter of statewide concern.
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, 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.

 Section 7107.5 is added to the Public Contract Code, to read:

7107.5.
 (a) As used in this section, the following definitions shall apply:
(1) “Plan” means a stormwater pollution prevention plan, water pollution control program, or any other plan required by a regional water quality control board to prevent or reduce water pollution or runoff on a public works project, pursuant to State Water Resources Control Board Order No. 2009-0009-DWQ.
(2) “Plan developer” means a qualified stormwater pollution prevention plan developer or a qualified stormwater pollution prevention plan practitioner as those terms are defined in Appendix 5 of State Water Resources Control Board Order No. 2009-0009-DWQ.
(b) (1) (A) A public entity, charter city, or charter county shall not delegate to a contractor the development of a plan on a public works contract.
(B) Subparagraph (A) shall not apply to a contract for architectural or engineering services relating to the development of a plan on a public works contract.
(C) This section does not restrict a public entity, charter city, or charter county from contracting with a duly licensed architect or engineer for the design of a plan.
(2) A public entity, charter city, or charter county shall not require a contractor on a public works contract that includes compliance with a plan to assume responsibility for the completeness and accuracy of the plan developed by that entity.
(c) Subdivision (b) shall apply regardless of the project delivery method required in a public works contract.
(d) Nothing in this section shall be construed to prohibit a local public entity, charter city, or charter county from requiring a bidder or contractor on a public works contract to review any applicable plan and report any errors or omissions noted to the public entity or its plan developer. The review by the contractor shall be limited to the contractor’s capacity as a contractor and not as a licensed design professional or plan developer.

SEC. 2.

 The Legislature finds and declares that it is of statewide concern to require a public entity, charter city, or charter county to be responsible for the development of, and completeness and accuracy of, a plan to prevent or reduce water pollution or runoff on a public works project.

SEC. 3.

 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.