California 2017-2018 Regular Session

California Assembly Bill AB1523 Compare Versions

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1-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 DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 XIIIB 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 XIIIB of the California Constitution.
1+Enrolled July 14, 2017 Passed IN Senate July 13, 2017 Passed IN Assembly May 30, 2017 Amended IN Assembly May 01, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1523Introduced by Assembly Members Obernolte and ReyesFebruary 17, 2017 An act to add Sections 130828 and 130828.1 to the Public Utilities Code, relating to local public contracts.LEGISLATIVE COUNSEL'S DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 XIIIB 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 XIIIB of the California Constitution.
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3- 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 DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled July 14, 2017 Passed IN Senate July 13, 2017 Passed IN Assembly May 30, 2017 Amended IN Assembly May 01, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1523Introduced by Assembly Members Obernolte and ReyesFebruary 17, 2017 An act to add Sections 130828 and 130828.1 to the Public Utilities Code, relating to local public contracts.LEGISLATIVE COUNSEL'S DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
4+
5+ Enrolled July 14, 2017 Passed IN Senate July 13, 2017 Passed IN Assembly May 30, 2017 Amended IN Assembly May 01, 2017 Amended IN Assembly March 28, 2017
6+
7+Enrolled July 14, 2017
8+Passed IN Senate July 13, 2017
9+Passed IN Assembly May 30, 2017
10+Amended IN Assembly May 01, 2017
11+Amended IN Assembly March 28, 2017
12+
13+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
414
515 Assembly Bill No. 1523
6-CHAPTER 154
16+
17+Introduced by Assembly Members Obernolte and ReyesFebruary 17, 2017
18+
19+Introduced by Assembly Members Obernolte and Reyes
20+February 17, 2017
721
822 An act to add Sections 130828 and 130828.1 to the Public Utilities Code, relating to local public contracts.
9-
10- [ Approved by Governor July 31, 2017. Filed with Secretary of State July 31, 2017. ]
1123
1224 LEGISLATIVE COUNSEL'S DIGEST
1325
1426 ## LEGISLATIVE COUNSEL'S DIGEST
1527
1628 AB 1523, Obernolte. San Bernardino County Transportation Authority: design-build.
1729
1830 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.
1931
2032 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.
2133
2234 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.
2335
2436 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.
2537
2638 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).
2739
2840 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.
2941
3042 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.
3143
3244 This bill would make legislative findings and declarations as to the necessity of a special statute for the project.
3345
3446 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.
3547
3648 This bill would provide that no reimbursement is required by this act for a specified reason.
3749
3850 ## Digest Key
3951
4052 ## Bill Text
4153
4254 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 XIIIB 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 XIIIB of the California Constitution.
4355
4456 The people of the State of California do enact as follows:
4557
4658 ## The people of the State of California do enact as follows:
4759
4860 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.
4961
5062 SECTION 1. Section 130828 is added to the Public Utilities Code, to read:
5163
5264 ### SECTION 1.
5365
5466 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.
5567
5668 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.
5769
5870 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.
5971
6072
6173
6274 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.
6375
6476 (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.
6577
6678 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.
6779
6880 SEC. 2. Section 130828.1 is added to the Public Utilities Code, to read:
6981
7082 ### SEC. 2.
7183
7284 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.
7385
7486 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.
7587
7688 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.
7789
7890
7991
8092 130828.1. The following applies to Section 130828:
8193
8294 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.
8395
8496 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
8597
8698 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
8799
88100 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
89101
90102 ### SEC. 3.