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AB-36 Design-build contracting: Town of Paradise(2021-2022)

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Date Published: 12/07/2020 09:00 PM
AB36:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 36


Introduced by Assembly Member Gallagher
(Principal coauthor: Senator Nielsen)

December 07, 2020


An act to add Section 22162.8 to the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 36, as introduced, Gallagher. Design-build contracting: Town of Paradise
Existing law, until January 1, 2025, authorizes local agencies, as defined, to use the design-build procurement process for specified public works with prescribed cost thresholds. Existing law requires specified information submitted by a design-build entity in the design-build procurement process to be certified under penalty of perjury.
This bill would authorize the Paradise Irrigation District to use the design-build contracting process to award a contract for a water conveyance pipeline from the Town of Paradise to the City of Chico. The bill would authorize the Town of Paradise to use the design-build contracting process to provide for the provision of sewer treatment to the Town of Paradise, including for infrastructure connecting the Town of Paradise to an existing treatment facility. By expanding design-build authority to include additional projects, the bill would expand the scope of the crime of perjury, thereby imposing a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Paradise Irrigation District and the Town of Paradise.
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 22162.8 is added to the Public Contract Code, to read:

22162.8.
 (a) Upon approval of its governing body, the Paradise Irrigation District may use the design-build contracting process described in this chapter to award a contract for a water conveyance pipeline from the Town of Paradise to the City of Chico.
(b) Upon approval of a majority of the Paradise Town Council, the Town of Paradise may use the design-build contracting process described in this chapter to provide for the provision of sewer treatment to the Town of Paradise, including for infrastructure connecting the Town of Paradise to an existing treatment facility.

SEC. 2.

 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 need to restore adequate public services to the Town of Paradise in the aftermath of the 2018 Camp Fire.

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.