BILL NUMBER: AB 263INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Miller FEBRUARY 11, 2009 An act to add and repeal Section 130246 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 263, as introduced, Miller. Riverside County Transportation Commission. Existing law authorizes the Riverside County Transportation Commission to impose tolls for 50 years on transportation facilities, as defined, on a portion of State Highway Route 91, subject to extension beyond that time if reauthorized by the Legislature, and authorizes toll revenues to be used for capital and operating expenses of the facilities, including debt service, and for related transportation purposes in the Route 91 corridor. Existing law authorizes the commission to issue bonds for the transportation project, as defined, within the Route 91 corridor. This bill would, until January 1, 2020, authorize the Riverside County Transportation Commission to approve and award one best-value design build contract for transportation improvements on the State Highway Route 91 corridor based on criteria established by the commission, as specified. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Existing law authorizes the Riverside County Transportation Commission to construct a new highway and transit facility on State Highway Route 91 in Riverside County and to impose tolls for the use of that new facility as the means to finance the development, construction, and operation of capital improvements on that corridor. (b) Planned capital improvements for State Highway Route 91 total over $1.4 billion, resulting in over 18,000 middle class, prevailing-wage jobs, most of which will be union jobs in the construction sector. (c) In order to construct improvements to State Highway Route 91, it will be necessary for the commission to finance a majority of the project with toll revenue bonds. (d) In order to sell toll revenue bonds on the open market, it is necessary for the commission to obtain certainty of the cost of the improvements as well as certainty of the time it will take to complete the improvements. (e) In order for the commission to obtain cost and time certainty to finance the improvements, it is necessary to procure a best-value design-build contract. (f) A best-value design-build contract will accelerate the job-creation, congestion relief, and economic productivity benefits associated with the improvements of the State Highway Route 91 corridor by three years, all while preserving environmental protections and processes under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). (g) State Highway Route 91 improvements are part of the state and federally approved regional transportation plan for the Southern California Association of Governments region and are necessary for the southern California region to achieve air quality conformity pursuant to the Clean Air Act. (h) The commission is a public agency governed by a board of 31 locally elected officials and an ex officio member representing the Department of Transportation that is required to adhere to statutory competitive bidding requirements for all contracts. (i) The commission is the sole public agency that will have financial resources at risk for toll revenue bond financing of State Highway Route 91 improvements. (j) Existing law requires the establishment of an advisory committee comprised of representatives of the commission, the Orange County Transportation Authority, San Bernardino Associated Governments, and the Department of Transportation. (k) Existing law requires the commission to conduct an annual audit of the toll facility on State Highway Route 91 and to undertake certain public participation measures. SEC. 2. Section 130246 is added to the Public Utilities Code, to read: 130246. (a) Notwithstanding Section 130232 or any other provision of law concerning procurement of public works contracts, including, but not limited to, Sections 1104 and 4109 of the Public Contract Code, the Riverside County Transportation Commission may approve and award one best-value design build contract for improvements on the State Highway Route 91 corridor, as described in Section 130244, based on criteria established by the commission, which may include price and any other factors. The procurement may include competitive negotiations. All contracts negotiated pursuant to this section shall be approved at a public meeting. (b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.