BILL NUMBER: AB 263	INTRODUCED
	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.