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AB-851 Local agency design-build projects.(2017-2018)

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Date Published: 04/18/2017 04:00 AM
AB851:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 851


Introduced by Assembly Member Caballero

February 16, 2017


An act to amend Sections 21162 and 22161 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 851, as amended, Caballero. Local agency design-build projects.
Existing law authorizes a local agency, until January 1, 2025, to use the design-build procurement process when contracting for specified public works. Existing law defines the term “local agency” for those provisions to mean specified entities, including a city or county, or a special district that operates specified types of facilities. Existing law authorizes a city or county or a special district that falls within the definition of a local agency to use the design-build procurement process for specified types of public works projects. Existing law requires specified information submitted by a design-build entity, as defined, in the design-build procurement process to be certified under penalty of perjury.
This bill would modify the definition of “local agency” for those purposes to include special districts that provide or operate specified types of services or facilities. This bill would expand the list of public works projects for which a local agency may utilize the design-build procurement process. By expanding the design-build authorization of these types of local agencies to additional development projects and additional types of entities, the bill would expand the scope of crime of perjury and would impose a state-mandated local program.
This bill would authorize the Santa Clara Valley Water District to use the design-build procurement process described above when contracting for the construction of a building or buildings and improvements directly related to the construction of a building or buildings.
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 21162 of the Public Contract Code is amended to read:

21162.
 Notwithstanding any other provision of law, upon the approval of the board of directors, and without the approval of the board of supervisors, the district may use, for contracts for the construction of a building or buildings and improvements directly related to the construction of a building or buildings, the procedures described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 as that chapter reads on January 1, 2018, or as it may be amended after that date.

SEC. 2.

 Section 22161 of the Public Contract Code is amended to read:

22161.
 For purposes of this chapter, the following definitions apply:
(a) “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.
(b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c) “Design-build” means a any project delivery process in which both the design and construction of a project are procured from a single entity.
(d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.
(e) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f) “Local agency” means the following:
(1) A city, county, or city and county.
(2) A special district that provides or operates any of the following:
(A) Flood protection.
(B) Habitat restoration or enhancement.
(C) Groundwater recharge or storage.
(D) Surface water storage.
(E) Water treatment facilities.
(F) Wastewater facilities.
(G) Solid waste management facilities.
(H) Water recycling facilities.
(I) Fire protection facilities.
(3) Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects.
(4) The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code).
(g) (1) For a local agency defined in paragraph (1) of subdivision (f), “project” means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities not expressly authorized by this chapter.
(2) For a local agency defined in paragraph (1) or (2) of subdivision (f), “project” means the construction of one of the following:
(A) Fire protection facilities.
(B) Flood protection improvements.
(C) Habitat restorations or enhancements.
(D) Solid waste management facilities.
(E) Groundwater recharge or storage facilities.
(F) Water treatment facilities.
(G) Wastewater treatment facilities.
(H) Water recycling facilities.
(I) The retrofit, repair, or expansion of existing surface water storage facilities.
(3) For a local agency defined in paragraph (3) of subdivision (f), “project” means a transit capital project that begins a project solicitation on or after January 1, 2015. A “project,” as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. “Project,” as defined by this paragraph, does not include state highway construction or local street and road projects.
(4) For a local agency defined in paragraph (4) of subdivision (f), “project” has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency.

SEC. 3.

 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.