California Assembly Bill AB2036 Amended / Bill

 BILL NUMBER: AB 2036AMENDED BILL TEXT AMENDED IN SENATE AUGUST 27, 2010 AMENDED IN SENATE AUGUST 20, 2010 AMENDED IN SENATE AUGUST 18, 2010 AMENDED IN SENATE JULY 15, 2010 AMENDED IN SENATE JUNE 28, 2010 AMENDED IN SENATE JUNE 14, 2010 AMENDED IN ASSEMBLY APRIL 27, 2010 INTRODUCED BY Assembly Member Bill Berryhill FEBRUARY 17, 2010 An act to add Sections 10111.2 and 20103.7 to the Public Contract Code, relating to public contracts  , and declaring the urgency thereof, to take effect immediately  . LEGISLATIVE COUNSEL'S DIGEST AB 2036, as amended, Bill Berryhill. Public contracts: contract document distribution. Existing law, the State Contract Act and the Local Agency Public Construction Act, sets forth the procedures pursuant to which state and local agencies may solicit and evaluate bids or proposals for, and award, contracts for the construction of public works. The State Contract Act requires a department, as defined, to comply with its provisions. This bill would require a state department and a local agency  , upon request from a contractor plan service,  to provide an electronic copy of a project's contract documents to  the  contractor plan room  service when requested and would also require a local agency to reimburse a design professional, as defined, for the actual costs of preparation and distribution of the contract documents   at no charge  . 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.  This bill would declare that it is to take effect immediately as an urgency statute.  Vote:  2/3   majority  . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 10111.2 is added to the Public Contract Code, to read: 10111.2. A department shall, upon request from a contractor plan room service, provide an electronic copy of a project's contract documents at no charge to the contractor plan room. SEC. 2. Section 20103.7 is added to the Public Contract Code, to read: 20103.7.  (a)    A local agency subject to this chapter taking bids for the construction of a public work or improvement  shall distribute an electronic copy of the project's contract documents, including all drawings, plans, specifications, and estimated total costs of the proposed public improvement, at no charge to a contractor plan room service when requested by a contractor plan room service.   shall, upon request from a contractor plan room service,   provide an electronic copy of a project's contract documents at no charge to the contractor plan roo   m.   The local agency shall reimburse a design professional for the actual costs of preparation and distribution of the contract documents.   (b) For the purposes of this section, "design professional" includes all of the following:   (1) An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, or a business entity offering architectural services in accordance with that chapter.   (2) An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, or a business entity offering landscape architectural services in accordance with that chapter.   (3) An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or a business entity offering professional engineering services in accordance with that chapter.   (4) An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, or a business entity offering professional land surveying services in accordance with that chapter.  SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.  SEC. 4.   This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: Due to the current policy of many local agencies charging prospective bidders for a copy of the contract documents, many contractors are unable to afford to submit bids, which is having a dampening effect on competition by increasing the cost of building certain public works projects, and in order to address this matter in a timely manner, it is necessary that this act take effect immediately.