California 2023 2023-2024 Regular Session

California Senate Bill SB1068 Introduced / Bill

Filed 02/12/2024

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1068Introduced by Senator EggmanFebruary 12, 2024 An act to amend Section 132656 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 1068, as introduced, Eggman. Tri-Valley-San Joaquin Valley Regional Rail Authority: contracting: Construction Manager/General Contractor project delivery method.Existing law establishes the Tri-Valley-San Joaquin Valley Regional Rail Authority for purposes of planning, developing, delivering, and operating cost-effective and responsive transit connectivity, between the Bay Area Rapid Transit Districts rapid transit system and the Altamont Corridor Express commuter rail service. Existing law gives the authority all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, among other powers, the power to contract with public and private entities for the planning, design, and construction of the connection. Existing law authorizes these contracts to be assigned separately or combined to include any or all tasks necessary to achieve transit connectivity.Existing law authorizes certain entities, including the Department of Transportation, the Department of Water Resources, and regional transportation agencies to engage in a Construction Manager/General Contractor project delivery method for specified public work projects. Existing law defines the Construction Manager/General Contractor project delivery method as a project delivery method in which a construction manager is procured to provide both preconstruction services during the design phase of the project and construction services during the construction phase of the project.This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority to also use the Construction Manager/General Contractor project delivery method, as defined. The bill would additionally authorize the contracts of the authority to extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor, and would require the Department of Transportation to inspect the work conducted on the state highway system or rights of way.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 132656 of the Public Utilities Code is amended to read:132656. The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following:(a) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities.(b) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority.(c) Incurring indebtedness, secured by pledges of available revenue.(d) Contracting with public and private entities for the planning, design, and construction of the connection. connection, including the use of the Construction Manager/General Contractor project delivery method, as defined in Section 6971 of the Public Contract Code. These contracts may be assigned separately or may be combined to include any or all tasks necessary to achieve transit connectivity. connectivity, and may extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor. The Department of Transportation shall inspect the work conducted on the state highway system or rights of way. (e) Entering into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this subdivision, joint development includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, achieving transit connectivity.(f) Relocation of utilities, as necessary to achieve transit connectivity.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1068Introduced by Senator EggmanFebruary 12, 2024 An act to amend Section 132656 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 1068, as introduced, Eggman. Tri-Valley-San Joaquin Valley Regional Rail Authority: contracting: Construction Manager/General Contractor project delivery method.Existing law establishes the Tri-Valley-San Joaquin Valley Regional Rail Authority for purposes of planning, developing, delivering, and operating cost-effective and responsive transit connectivity, between the Bay Area Rapid Transit Districts rapid transit system and the Altamont Corridor Express commuter rail service. Existing law gives the authority all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, among other powers, the power to contract with public and private entities for the planning, design, and construction of the connection. Existing law authorizes these contracts to be assigned separately or combined to include any or all tasks necessary to achieve transit connectivity.Existing law authorizes certain entities, including the Department of Transportation, the Department of Water Resources, and regional transportation agencies to engage in a Construction Manager/General Contractor project delivery method for specified public work projects. Existing law defines the Construction Manager/General Contractor project delivery method as a project delivery method in which a construction manager is procured to provide both preconstruction services during the design phase of the project and construction services during the construction phase of the project.This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority to also use the Construction Manager/General Contractor project delivery method, as defined. The bill would additionally authorize the contracts of the authority to extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor, and would require the Department of Transportation to inspect the work conducted on the state highway system or rights of way.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 1068

Introduced by Senator EggmanFebruary 12, 2024

Introduced by Senator Eggman
February 12, 2024

 An act to amend Section 132656 of the Public Utilities Code, relating to transportation. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1068, as introduced, Eggman. Tri-Valley-San Joaquin Valley Regional Rail Authority: contracting: Construction Manager/General Contractor project delivery method.

Existing law establishes the Tri-Valley-San Joaquin Valley Regional Rail Authority for purposes of planning, developing, delivering, and operating cost-effective and responsive transit connectivity, between the Bay Area Rapid Transit Districts rapid transit system and the Altamont Corridor Express commuter rail service. Existing law gives the authority all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, among other powers, the power to contract with public and private entities for the planning, design, and construction of the connection. Existing law authorizes these contracts to be assigned separately or combined to include any or all tasks necessary to achieve transit connectivity.Existing law authorizes certain entities, including the Department of Transportation, the Department of Water Resources, and regional transportation agencies to engage in a Construction Manager/General Contractor project delivery method for specified public work projects. Existing law defines the Construction Manager/General Contractor project delivery method as a project delivery method in which a construction manager is procured to provide both preconstruction services during the design phase of the project and construction services during the construction phase of the project.This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority to also use the Construction Manager/General Contractor project delivery method, as defined. The bill would additionally authorize the contracts of the authority to extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor, and would require the Department of Transportation to inspect the work conducted on the state highway system or rights of way.

Existing law establishes the Tri-Valley-San Joaquin Valley Regional Rail Authority for purposes of planning, developing, delivering, and operating cost-effective and responsive transit connectivity, between the Bay Area Rapid Transit Districts rapid transit system and the Altamont Corridor Express commuter rail service. Existing law gives the authority all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, among other powers, the power to contract with public and private entities for the planning, design, and construction of the connection. Existing law authorizes these contracts to be assigned separately or combined to include any or all tasks necessary to achieve transit connectivity.

Existing law authorizes certain entities, including the Department of Transportation, the Department of Water Resources, and regional transportation agencies to engage in a Construction Manager/General Contractor project delivery method for specified public work projects. Existing law defines the Construction Manager/General Contractor project delivery method as a project delivery method in which a construction manager is procured to provide both preconstruction services during the design phase of the project and construction services during the construction phase of the project.

This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority to also use the Construction Manager/General Contractor project delivery method, as defined. The bill would additionally authorize the contracts of the authority to extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor, and would require the Department of Transportation to inspect the work conducted on the state highway system or rights of way.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 132656 of the Public Utilities Code is amended to read:132656. The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following:(a) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities.(b) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority.(c) Incurring indebtedness, secured by pledges of available revenue.(d) Contracting with public and private entities for the planning, design, and construction of the connection. connection, including the use of the Construction Manager/General Contractor project delivery method, as defined in Section 6971 of the Public Contract Code. These contracts may be assigned separately or may be combined to include any or all tasks necessary to achieve transit connectivity. connectivity, and may extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor. The Department of Transportation shall inspect the work conducted on the state highway system or rights of way. (e) Entering into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this subdivision, joint development includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, achieving transit connectivity.(f) Relocation of utilities, as necessary to achieve transit connectivity.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 132656 of the Public Utilities Code is amended to read:132656. The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following:(a) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities.(b) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority.(c) Incurring indebtedness, secured by pledges of available revenue.(d) Contracting with public and private entities for the planning, design, and construction of the connection. connection, including the use of the Construction Manager/General Contractor project delivery method, as defined in Section 6971 of the Public Contract Code. These contracts may be assigned separately or may be combined to include any or all tasks necessary to achieve transit connectivity. connectivity, and may extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor. The Department of Transportation shall inspect the work conducted on the state highway system or rights of way. (e) Entering into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this subdivision, joint development includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, achieving transit connectivity.(f) Relocation of utilities, as necessary to achieve transit connectivity.

SECTION 1. Section 132656 of the Public Utilities Code is amended to read:

### SECTION 1.

132656. The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following:(a) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities.(b) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority.(c) Incurring indebtedness, secured by pledges of available revenue.(d) Contracting with public and private entities for the planning, design, and construction of the connection. connection, including the use of the Construction Manager/General Contractor project delivery method, as defined in Section 6971 of the Public Contract Code. These contracts may be assigned separately or may be combined to include any or all tasks necessary to achieve transit connectivity. connectivity, and may extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor. The Department of Transportation shall inspect the work conducted on the state highway system or rights of way. (e) Entering into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this subdivision, joint development includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, achieving transit connectivity.(f) Relocation of utilities, as necessary to achieve transit connectivity.

132656. The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following:(a) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities.(b) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority.(c) Incurring indebtedness, secured by pledges of available revenue.(d) Contracting with public and private entities for the planning, design, and construction of the connection. connection, including the use of the Construction Manager/General Contractor project delivery method, as defined in Section 6971 of the Public Contract Code. These contracts may be assigned separately or may be combined to include any or all tasks necessary to achieve transit connectivity. connectivity, and may extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor. The Department of Transportation shall inspect the work conducted on the state highway system or rights of way. (e) Entering into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this subdivision, joint development includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, achieving transit connectivity.(f) Relocation of utilities, as necessary to achieve transit connectivity.

132656. The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following:(a) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities.(b) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority.(c) Incurring indebtedness, secured by pledges of available revenue.(d) Contracting with public and private entities for the planning, design, and construction of the connection. connection, including the use of the Construction Manager/General Contractor project delivery method, as defined in Section 6971 of the Public Contract Code. These contracts may be assigned separately or may be combined to include any or all tasks necessary to achieve transit connectivity. connectivity, and may extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor. The Department of Transportation shall inspect the work conducted on the state highway system or rights of way. (e) Entering into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this subdivision, joint development includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, achieving transit connectivity.(f) Relocation of utilities, as necessary to achieve transit connectivity.



132656. The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following:

(a) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities.

(b) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority.

(c) Incurring indebtedness, secured by pledges of available revenue.

(d) Contracting with public and private entities for the planning, design, and construction of the connection. connection, including the use of the Construction Manager/General Contractor project delivery method, as defined in Section 6971 of the Public Contract Code. These contracts may be assigned separately or may be combined to include any or all tasks necessary to achieve transit connectivity. connectivity, and may extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor. The Department of Transportation shall inspect the work conducted on the state highway system or rights of way. 

(e) Entering into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this subdivision, joint development includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, achieving transit connectivity.

(f) Relocation of utilities, as necessary to achieve transit connectivity.