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AB-1523 San Bernardino County Transportation Authority: design-build.(2017-2018)

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Date Published: 07/31/2017 09:00 PM
AB1523:v95#DOCUMENT

Assembly Bill No. 1523
CHAPTER 154

An act to add Sections 130828 and 130828.1 to the Public Utilities Code, relating to local public contracts.

[ Approved by Governor  July 31, 2017. Filed with Secretary of State  July 31, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1523, Obernolte. San Bernardino County Transportation Authority: design-build.
The County Transportation Commissions Act provides for the creation of county transportation commissions in specific counties, with various powers and duties relative to transportation planning and funding, as specified.
The San Bernardino County Transportation Authority Consolidation Act of 2017, within the County Transportation Commissions Act, creates the San Bernardino County Transportation Authority (SBCTA). The SBCTA is subject to the contracting provisions of the County Transportation Commissions Act, including the requirement that the SBCTA purchase of all supplies, equipment, and materials, and the construction of all facilities and works, in excess of $25,000, be by contract let to the lowest responsible bidder.
Existing law, until January 1, 2025, authorizes local agencies to use the design-build contracting process for public works projects. Existing law defines “local agency” as cities and counties, certain special districts relating to wastewater, solid waste, water recycling, and fire protection facilities, various governmental entities responsible for the construction of transit projects, and the San Diego Association of Governments. Existing law defines “project” specifically for each described category of local agency.
This bill would authorize the SBCTA, upon approval of its board of directors, to use the design-build contracting process for local agencies to award a contract for the construction of the Mt. Vernon Avenue Viaduct project in the City of San Bernardino (the project).
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.
By authorizing SBCTA to use design-build for the project, the bill would expand the scope of the crime of perjury and would thus impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the project.
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 130828 is added to the Public Utilities Code, to read:

130828.
 (a) Notwithstanding Section 130232, the authority, upon approval of the board of directors, may use the design-build contracting process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to award a contract for the construction of the Mt. Vernon Avenue Viaduct project in the City of San Bernardino.
(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 authority and its board of directors.

SEC. 2.

 Section 130828.1 is added to the Public Utilities Code, to read:

130828.1.
 The following applies to Section 130828:
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 and special circumstances surrounding the Mt. Vernon Avenue Viaduct project of the San Bernardino County Transportation Authority and the need to immediately, quickly, and efficiently develop the project.

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.