BILL NUMBER: SB 374	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 11, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2015
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2015

INTRODUCED BY   Senator Hueso
   (Principal coauthor: Assembly Member Atkins)

                        FEBRUARY 24, 2015

   An act to amend Sections 20209.14 and 22161 of the Public Contract
Code, relating to local public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 374, Hueso. Local agency design-build projects: transit
districts.
   Existing law authorizes local agencies to use the design-build
method of project delivery for specified projects, except for
projects on the state highway system. Existing law defines "local
agency" for purposes of these provisions as cities and counties,
certain special districts relating to wastewater, solid waste, water
recycling, and fire protection facilities, joint powers authorities
formed to provide transit service, and specified types of local
public entities responsible for the construction of transit projects.
These provisions further define "project" specifically for each
category of local agency. 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 specify that the definition of a local agency
authorized to use the design-build method of project delivery
includes the San Diego Association of Governments. The bill would
define projects, as it pertains to the San Diego Association of
Governments, to include development projects adjacent, or physically
or functionally related, to transit facilities developed by the
association. By expanding the design-build authorization of the San
Diego Association of Governments to additional development projects,
the bill would expand the scope of crime of perjury and would impose
a state-mandated local program.
   This bill also makes a technical correction to a cross-reference.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the San Diego Association of
Governments.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 20209.14 of the Public Contract Code is amended
to read:
   20209.14.  (a) This article shall remain in effect only until
January 1, 2017, and as of that date is repealed.
   (b) This article shall only apply to transit operators that begin
a project solicitation before January 1, 2015. A transit operator
that begins a project solicitation on or after January 1, 2015, is
subject to Chapter 4 (commencing with Section 22160).
  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 may include, but not be limited 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 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 operates wastewater facilities, solid
waste management facilities, water recycling facilities, or 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 and infrastructure. For a local agency defined in
paragraph (1) of subdivision (f) that operates wastewater facilities,
solid waste management facilities, or water recycling facilities,
"project" also means the construction of regional and local
wastewater treatment facilities, regional and local solid waste
facilities, or regional and local water recycling facilities.
   (2) For a local agency defined in paragraph (2) of subdivision
(f), "project" means the construction of regional and local
wastewater treatment facilities, regional and local solid waste
facilities, regional and local water recycling facilities, or fire
protection 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.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the San Diego Association of Governments' unique
responsibilities as the consolidated transportation agency with
capital project implementation responsibilities, which include design
and construction of transit infrastructure, and to bring the San
Diego Association of Governments into alignment with existing
authority held by other agencies with transit development
responsibilities.
  SEC. 4.  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.