BILL NUMBER: AB 2036	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 28, 2010
	AMENDED IN SENATE  JUNE 14, 2010
	AMENDED IN ASSEMBLY  APRIL 27, 2010

INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 17, 2010

   An act to add Section  10170   20103.7 
to the Public Contract Code, relating to  public 
 local agency  contracts, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2036, as amended, Bill Berryhill.  Public 
 Local agency  contracts: contract document distribution.

   Existing law, the Local Agency Public Construction Act, sets forth
the procedures pursuant to which local agencies may solicit and
evaluate bids or proposals for, and award, contracts for the
construction of public works.  
   This bill would require a local agency taking bids for the
construction of a public work or improvement to distribute contract
documents, as specified, to a prospective bidder, subcontractor
bidder, supplier, and contractor plan room service, as prescribed.
The bill would also require the local agency to reimburse a design
professional, as defined, for the actual costs of preparation and
distribution of the contract documents.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law imposes various requirements with respect to
contracting by public agencies.  
   This bill would require an officer, department, board, or
commission, taking bids for the construction of a public work or
improvement, to distribute contract documents, as specified, to a
prospective bidder, subcontractor bidder, supplier, and contractor
plan room service, as prescribed.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 20103.7 is added to the 
 Public Contract Code   , to read:  
   20103.7.  (a) A local agency subject to this chapter taking bids
for the construction of a public work or improvement shall distribute
a paper or electronic copy of the project's contract documents,
including all drawings, plans, specifications, and estimated total
costs of the proposed public improvement, at no charge to a
prospective bidder, subcontractor bidder, supplier, and contractor
plan room service when requested by a contractor plan room service.
If a deposit is required as part of a paper contract documents
distribution policy by the local agency, the deposit shall not exceed
two hundred fifty dollars ($250) per set, which shall be refunded
upon the return of the contract documents within 14 business days
after the award of the project. If the contract documents are not
returned in 30 business days and in reusable condition, the deposit
shall be forfeited. The local agency shall reimburse a design
professional for the actual costs of preparation and distribution of
the contract documents.

   (b) For the purposes of this section, "design professional"
includes all of the following:
   (1) An individual licensed as an architect pursuant to Chapter 3
(commencing with Section 5500) of Division 3 of the Business and
Professions Code, or a business entity offering architectural
services in accordance with that chapter.
   (2) An individual licensed as a landscape architect pursuant to
Chapter 3.5 (commencing with Section 5615) of Division 3 of the
Business and Professions Code, or a business entity offering
landscape architectural services in accordance with that chapter.
   (3) An individual registered as a professional engineer pursuant
to Chapter 7 (commencing with Section 6700) of Division 3 of the
Business and Professions Code, or a business entity offering
professional engineering services in accordance with that chapter.
   (4) An individual licensed as a professional land surveyor
pursuant to Chapter 15 (commencing with Section 8700) of Division 3
of the Business and Professions Code, or a business entity offering
professional land surveying services in accordance with that chapter.

   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   Due to the current policy of many local agencies charging
prospective bidders for a copy of the contract documents, many
contractors are unable to afford to submit bids, which is having a
dampening effect on competition by increasing the cost of building
certain public works projects, and in order to address this matter in
a timely manner, it is necessary that this act take effect
immediately.  
  SECTION 1.    Section 10170 is added to the Public
Contract Code, to read:
   10170.  An officer, department, board, or commission taking bids
for the construction of a public work or improvement shall distribute
a paper or electronic copy of the project's contract documents,
including all drawings, plans, specifications, and estimated total
costs of the proposed public improvement, at no charge to a
prospective bidder, subcontractor bidder, supplier, and contractor
plan room service when requested by a contractor plan room service.
If a deposit is required as part of a paper contract documents
distribution policy by the officer, department, board, or commission,
the deposit shall not exceed two hundred fifty dollars ($250) per
set, which shall be refunded upon the return of the contract
documents within 14 business days after the award of the project. If
the contract documents are not returned in 30 business days and in
reusable condition, the deposit shall be forfeited. The government
entity shall reimburse a landscape architect, architect, or
professional engineer for the actual costs of preparation and
distribution of plans and specifications.  
  SEC. 2.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   Due to the current policy of many public agencies charging
prospective bidders for a set of project plans, many contractors are
unable to afford to submit bids, which is having a dampening effect
on competition by increasing the cost of building certain public
works projects, and in order to address this matter in a timely
manner, it is necessary that this act take effect immediately.