BILL NUMBER: AB 2036	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 27, 2010
	AMENDED IN SENATE  AUGUST 20, 2010
	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 Sections 10111.2 and 20103.7 to the Public Contract
Code, relating to public contracts  , and declaring the
urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2036, as amended, Bill Berryhill. Public contracts: contract
document distribution.
   Existing law, the State Contract Act and the Local Agency Public
Construction Act, sets forth the procedures pursuant to which state
and local agencies may solicit and evaluate bids or proposals for,
and award, contracts for the construction of public works. The State
Contract Act requires a department, as defined, to comply with its
provisions.
   This bill would require a state department and a local agency 
, upon request from a contractor plan service,  to provide an
electronic copy of a project's contract documents to  the 
contractor plan room  service when requested and would also
require a local agency to reimburse a design professional, as
defined, for the actual costs of preparation and distribution of the
contract documents   at no charge  .
   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. 
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.


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

  SECTION 1.  Section 10111.2 is added to the Public Contract Code,
to read:
   10111.2.  A department shall, upon request from a contractor plan
room service, provide an electronic copy of a project's contract
documents at no charge to the contractor plan room.
  SEC. 2.  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 an 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 contractor plan room service when
requested by a contractor plan room service.   shall,
upon request from a contractor plan room service,   provide
an electronic copy of a project's contract documents at no charge to
the contractor plan roo   m.   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. 3.  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. 4.    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.