BILL NUMBER: AB 2133	CHAPTERED  09/27/08

	CHAPTER  444
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 27, 2008
	PASSED THE ASSEMBLY  AUGUST 29, 2008
	AMENDED IN SENATE  AUGUST 20, 2008
	AMENDED IN ASSEMBLY  APRIL 9, 2008

INTRODUCED BY   Assembly Member Hancock

                        FEBRUARY 20, 2008

   An act to amend Section 10108.5 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2133, Hancock. State contracts: agency projects: habitat and
wetlands.
   Existing law requires the Department of General Services to
approve certain contracts entered into by a state agency. Existing
law allows the Department of General Services to authorize the
carrying out of a project directly by a department within the
Resources Agency, without the services of the Department of General
Services, as long as the estimated project cost does not exceed
$500,000.
   This bill would allow the Department of General Services to
authorize a board, commission, or conservancy within the Resources
Agency to also carry out a project, without the services of the
Department of General Services, as long as the estimated project cost
does not exceed $500,000. This bill also would allow the State
Coastal Conservancy, with the approval of the Department of General
Services, to directly carry out a public works project involving
habitat or wetlands restoration and certain improvements other than
buildings and nonaccess related structures, on specified state-owned
lands.


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

  SECTION 1.  Section 10108.5 of the Public Contract Code is amended
to read:
   10108.5.  (a) When the nature of the work by departments, boards,
commissions, or conservancies within the Resources Agency, in the
opinion of the Department of General Services, is such that its
services in connection therewith are not required, it may authorize
the carrying out of the project directly by the department within the
Resources Agency concerned therewith if the estimated cost does not
exceed five hundred thousand dollars ($500,000). This limit shall be
adjusted pursuant to subdivision (b) of Section 10105.
    (b) If the estimated total cost of any construction project or
work carried out under this section exceeds fifty thousand dollars
($50,000), the Department of Forestry and Fire Protection shall
solicit bids in writing and shall award the work to the lowest
responsible bidder or reject all bids. However, the Director of
General Services may authorize the Department of Forestry and Fire
Protection to carry out work in excess of fifty thousand dollars
($50,000) under this section by day labor if he or she deems that the
award of a contract, the acceptance of bids, or the acceptance of
further bids is not in the best interests of the state. However, in
no event shall the amount of work performed by day labor under this
section exceed the sum of one hundred thousand dollars ($100,000).
This limit shall be adjusted pursuant to subdivision (b) of Section
10105.
   (c) Notwithstanding the cost limitation of subdivision (a), the
State Coastal Conservancy may, if authorized by the Department of
General Services as described in subdivision (a), directly carry out
a public works project involving habitat or wetlands restoration and
related pedestrian or cycling access improvements, not including
buildings or other nonaccess related structures on the following
state-owned lands: Bel Marin Keys Unit V in Marin County, Eden
Landing Ecological Reserve (a part of the South Bay Salt Pond
Restoration Project) in Alameda County, Bair Island Ecological
Reserve in San Mateo County, Napa Sonoma Marshes State Wildlife Area
in Napa, Solano, and Sonoma Counties, Ballona Wetlands Ecological
Reserve in Los Angeles County, Buena Vista Lagoon Ecological Reserve
in San Diego County, Los Peoasquitos Marsh in Torrey Pines State
Natural Reserve in San Diego County, and Tijuana Estuary State Park
in San Diego County. In carrying out a public works project pursuant
to this subdivision, the State Coastal Conservancy shall comply with
the provisions of, and regulations adopted pursuant to, this chapter.