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AB-1594 Infrastructure financing: transportation: Los Angeles County Metropolitan Transportation Authority: contracting.(2017-2018)

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Date Published: 05/01/2018 09:00 PM
AB1594:v96#DOCUMENT

Amended  IN  Senate  May 01, 2018
Amended  IN  Senate  June 26, 2017
Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1594


Introduced by Assembly Member Bloom

February 17, 2017


An act to add Section 35626 to the Public Resources Code, relating to ocean resources. An act to amend Section 5956.4 of the Government Code, and to amend Section 130242 of the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1594, as amended, Bloom. Ocean protection: plastic pollution. Infrastructure financing: transportation: Los Angeles County Metropolitan Transportation Authority: contracting.
(1) Existing law authorizes a governmental agency, as defined, to solicit proposals and enter into agreements with private entities for the design, construction, or reconstruction by, and to lease to, private entities for specified types of fee-producing infrastructure projects, including commuter and light rail.
This bill would additionally include passenger rapid transit, subways, and heavy rail within the types of fee-producing infrastructure projects authorized pursuant to this provision.
(2) Existing law creates the Los Angeles County Metropolitan Transportation Authority, with specified powers and duties. Existing law authorizes the authority to enter into contracts with private entities that combine into a single contract all or some of the planning, design, permitting, development, joint development, construction, construction management, acquisition, leasing, installation, and warranty of some or all components of transit systems and certain facilities. Existing law authorizes the authority to award a contract under these provisions after a finding, by a 2/3 vote of the members of the authority, that awarding the contract will achieve for the authority, among other things, certain private sector efficiencies in the integration of design, project work, and components.
This bill would eliminate the requirement to make the above-described finding by a 2/3 vote of the members of the authority in order to award contracts under these provisions.

The California Ocean Protection Act establishes the Ocean Protection Council in state government and prescribes the functions and duties of the council with regard to the protection and conservation of coastal waters and ocean ecosystems.

Existing law provides that any action to increase recycling taken by the Division of Recycling in the Department of Resources Recycling and Recovery, or by any person or entity, affecting, among other things, the method of invoicing the sale of beverages as provided is not a violation of specified laws relating to business practices.

This bill would provide that any action to increase recycling taken by the Division of Recycling in the Department of Resources Recycling and Recovery, or by any person or entity, affecting, among other things, the method of invoicing the sale of any food or drinks for the purposes of increasing food and drink packaging recycling is not a violation of specified laws relating to business practices. The bill would also make findings and declarations regarding plastic and packaging waste in the state’s waste stream and would state that it is the intent of the Legislature to increase the diversion of single-use takeout food packaging while reducing a primary source of permanent litter and marine debris.

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

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


SECTION 1.

 Section 5956.4 of the Government Code is amended to read:

5956.4.
 A governmental agency may solicit proposals and enter into agreements with private entities for the design, construction, or reconstruction by, and may lease to, private entities for the following types of fee-producing infrastructure projects:
(a) Irrigation.
(b) Drainage.
(c) Energy or power production.
(d) Water supply, treatment, and distribution.
(e) Flood control.
(f) Inland waterways.
(g) Harbors.
(h) Municipal improvements.
(i) Commuter rail, passenger rapid transit, subways, heavy rail, and light rail.
(j) Highways or bridges.
(k) Tunnels.
(l) Airports and runways.
(m) Purification of water.
(n) Sewage treatment, disposal, and water recycling.
(o) Refuse disposal.
(p) Structures or buildings, except structures or buildings that are to be utilized primarily for sporting or entertainment events.

SEC. 2.

 Section 130242 of the Public Utilities Code is amended to read:

130242.
 (a) In addition to the other powers it possesses, the Los Angeles County Metropolitan Transportation Authority may enter into contracts with private entities, the scope of which may combine within a single contract all or some of the planning, design, permitting, development, joint development, construction, construction management, acquisition, leasing, installation, and warranty of all or components of (1) transit systems, including, without limitation, passenger loading or intermodal station facilities, and (2) facilities on real property owned or to be owned by the authority.

(b)The authority may award contracts pursuant to subdivision (a) after a finding, by a two-thirds vote of the members of the authority, that awarding the contract under this section will achieve for the authority, among other things, certain private sector efficiencies in the integration of design, project work, and components.

(c)

(b) A contract awarded pursuant to this section may include operation and maintenance elements, if the inclusion of those elements (1) is necessary, in the reasonable judgment of the authority, to assess vendor representations and warranties, performance guarantees, or life-cycle efficiencies, and (2) does not conflict with collective bargaining agreements to which the authority is a party.

(d)

(c) Any construction, alteration, demolition, repairs, or other works of improvement performed under a contract awarded pursuant to this section shall be considered a public works project subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, and shall be enforced by the Department of Industrial Relations in the same way it carries out this responsibility under the Labor Code.

(e)

(d) A contract under this section shall be let to the lowest responsible bidder whose bid is responsive to the criteria set forth in the invitation for bids, or, at the authority’s discretion, to a contractor chosen by a competitive bidding process that employs objective selection criteria that may include, but are not limited to, the proposed design approach, features, functions, life-cycle costs, and other criteria deemed appropriate by the authority, in addition to price. Notice requesting bids or proposals shall be published at least once in a newspaper of general circulation. For contracts estimated to exceed ten million dollars ($10,000,000), publication shall be made at least 60 days before the receipt of the bids or price proposals. For contracts estimated not to exceed ten million dollars ($10,000,000), publication shall be made at least 30 days before the receipt of the bids or price proposals. The authority, at its discretion, may reject any and all bids and proposals, and may readvertise. All bids and price proposals submitted pursuant to this section shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder security: (1) cash, (2) a cashier’s check made payable to the authority, (3) a certified check made payable to the authority, or (4) a bidder’s bond executed by an admitted surety insurer, made payable to the authority. Upon an award, the security of each unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the authority beyond 60 days from the time the award is made.

(f)

(e) When the design of portions of the project permits the selection of subcontractors, the contractor shall competitively bid those portions. The contractor shall provide to the authority a list of subcontractors whose work is in excess of one-half of 1 percent of the total project cost as soon as the subcontractors are identified. Once listed, the subcontractors shall have the rights provided in the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).

SECTION 1.Section 35626 is added to the Public Resources Code, to read:
35626.

(a)The Legislature finds and declares all of the following:

(1)Plastic and packaging waste represents a significant and fast growing component of the state’s waste stream. California disposes of more than three million tons of plastic packaging waste annually.

(2)With the sole exception of plastic beverage containers covered by the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500)), little of generated plastic is currently recycled. Excluding beverage containers, less than 5 percent of plastic packaging is currently recycled.

(3)Plastic, including, but not limited to, polystyrene and disposable food service packaging litter and the resulting marine debris present more than an aesthetic problem as this litter can be a danger to marine organisms through ingestion and entanglement.

(4)This litter and marine debris also present a serious and growing threat to water quality, the beneficial uses of the waters of the state, and marine recreational human use, and they threaten the ability of California’s waters and the Pacific Ocean to sustain aquatic life.

(5)According to a report published by the World Economic Forum and the Ellen MacArthur Foundation, there could be more plastic than fish, by weight, in the ocean by 2050, if we continue on our current track.

(6)Each year thousands of Californians volunteer countless hours to clean up plastic and disposable food service packaging litter from public roadways, beaches, parks, and other areas of the state.

(7)California’s aquatic and marine environments are increasingly threatened by the amount of plastic and disposable food service packaging that is carried by stormwater runoff.

(8)Under a consent decree, a Total Maximum Daily Load (TMDL) for trash is required to be developed for all impaired waters within the state within the next decade. For example, the TMDL for the Los Angeles River and the Ballona Creek Watershed requires that the amount of trash be reduced to zero to protect beneficial uses.

(9)The costs to state agencies and local governments to comply with existing TMDL requirements, pending TMDL requirements, or the TMDL requirements yet to be developed will run into billions of dollars.

(10)Data collected during California’s annual Coastal Cleanup and the 1999 Pilot Litter Study by the Department of Conservation indicate that plastic and disposable food service packaging represent some of the most commonly littered items.

(11)Disposable food service packaging is used “on the go” when access to trash and recycling receptacles is most limited. Plastics generally can become inadvertent litter even if initially properly discarded, when they are carried by wind from uncovered trash cans and dumpsters, vehicles, and solid waste facilities, including landfills.

(12)The benefits of reducing, recycling, and composting plastics and disposable food service packaging will have a direct positive impact on California’s economy.

(13)A 1993 study by the California Research Bureau concluded that ocean-dependent industries add approximately seventeen billion three hundred thousand dollars ($17,000,300,000) and 370,000 jobs to California’s economy, almost ten billion dollars ($10,000,000,000) of which is related to nonresident coastal-based tourism.

(14)Compounding the problem of plastic packaging waste is that this material is nonbiodegradable and litter prone. Even when properly disposed, lightweight plastic packaging can be blown from trash cans, garbage trucks, and landfills.

(15)Nonbiodegradable plastic litter poses a real and growing threat to water quality and the marine environment.

(16)While more than 100 jurisdictions in California have addressed this problem in part by phasing out the use of nonrecyclable, noncompostable polystyrene takeout food packaging, thus far only a few jurisdictions have extended phase outs to include other nonrecyclable and noncompostable plastic takeout food packaging.

(17)On February 8, 2007, the California Ocean Protection Council adopted a resolution outlining a 13-point plan of action to prevent and reduce marine debris.

(18)Consistent with the California Ocean Protection Council’s plan of action described in paragraph (17), it is the intent of the Legislature to increase the diversion of single-use takeout food packaging while reducing a primary source of permanent litter and marine debris.

(b)Any action to increase recycling taken by the Division of Recycling in the Department of Resources Recycling and Recovery, or by any person or entity, affecting scrap values, the quantities of materials being recycled, or the method of invoicing the sale of any food or drinks for the purposes of increasing food and drink packaging recycling is not a violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) and the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code). This section does not apply to any action taken by a recycling center to increase the recycling of beverage containers.