BILL NUMBER: SB 1450	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 24, 2010
	AMENDED IN SENATE  MARCH 23, 2010

INTRODUCED BY   Senator Simitian

                        FEBRUARY 19, 2010

   An act to add Section  85035   85215  to
the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1450, as amended, Simitian. Water: Delta Stewardship Council:
contracts.
   The Sacramento-San Joaquin Delta Reform Act of 2009 establishes
the Delta Stewardship Council, which is required to develop, adopt,
and commence implementation of a comprehensive management plan for
the Delta (Delta Plan) by January 1, 2012. The act provides that the
council is the successor to the California Bay-Delta Authority and
requires the council to administer contracts, grants, easements, and
agreements made or entered into by the authority.  The act
prescribes the powers of the council, which include, among others,
the power to enter into contracts, to hire employees, and to adopt
regulations or guidelines.  
   Existing law prescribes requirements for selection of firms by
state and local agency heads for architectural and engineering
services and other professional services.  
   This bill would expressly authorize the council to contract for
consultant services and architectural and engineering services to
assist with preparation of the Delta Plan and performance of certain
responsibilities of the council. The bill would exempt these
contracts from specified provisions of law governing public
contracting, but would require the contracts to be entered into on a
competitive bid basis, as specified. The bill would require the
council to establish procedures for contracting for consultant
services and architectural and engineering services.  
   The act requires the council to develop an interim plan that
includes recommendations for early actions, projects, and programs.
The act requires the Department of Water Resources to assist in
implementing certain early action ecosystem restoration projects.
 
   This bill would provide that a contract made or entered into by
the department is not binding on the council unless the contract is
approved by the council. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 85215 is added to the 
 Water Code   , to read:  
   85215.  (a) The council may contract for consultant services and
architectural and engineering services to assist the council with all
of the following functions:
   (1) Preparation of the Delta Plan and associated environmental
review.
   (2) Performance of the council's responsibilities, or the
responsibilities of the Delta Independent Science Board, with respect
to the Bay Delta Conservation Plan.
   (3) Determination of the consistency of state and local public
agency actions with the Delta Plan.
   (4) Performance of scientific review to inform water and
environmental decisionmaking in the Delta.
   (b) (1) Contracts entered into pursuant to subdivision (a) shall
be exempt from Chapter 10 (commencing with Section 4525) of Division
5 of Title 1 of the Government Code, Article 4 (commencing with
Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the
Government Code, Part 2 (commencing with Section 10100) of Division
2 of the Public Contract Code, and any rules or regulations adopted
pursuant to those laws.
   (2) Contracts entered into pursuant to subdivision (a) shall be
entered into on a competitive bid basis. The council shall not enter
into a contract pursuant to subdivision (a) unless at least three
bids or proposals to do the work have been evaluated by a competitive
process.
   (3) The council shall establish procedures for contracting for
services pursuant to subdivision (a), consistent with paragraphs (1)
and (2). The procedures shall be exempt from Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.  
  SECTION 1.    Section 85035 is added to the Water
Code, to read:
   85035.  A contract made or entered into by the department is not
binding on the council unless the contract is approved by the
council.