BILL NUMBER: SB 1450	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 24, 2010
	AMENDED IN SENATE  MARCH 23, 2010

INTRODUCED BY   Senator Simitian

                        FEBRUARY 19, 2010

   An act to add Section 85213 to the Water Code, relating to water
 , and declaring the urgency thereof, to take effect immediately
 .



	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 Sacramento-San Joaquin 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  for consultant services  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 contracts for architectural and engineering services to be
entered into pursuant to the requirements for selection of firms by
state and local agency heads   discussed above, but would
exempt those contracts   from a requirement to adopt
regulations prior to contracting  . The bill would require the
council to establish procedures for contracting for consultant
services and architectural and engineering services. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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

  SECTION 1.  Section 85213 is added to the Water Code, to read:
   85213.  (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) 
for consultant services  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.  Contracts entered into pursuant to subdivision
(a) for architectural and engineering services shall be entered into
pursuant to Chapter 10   (commencing with Section 4525) of
Division 5 of Title 1 of the Government Code, but are exempt from the
requirement in Section 4526 of the Government Code to adopt
regulations prior to contracting. 
   (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)
 for consultant services  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.
   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:
 
   In order to ensure proper contracting by the Delta Stewardship
Council, it is necessary that this act take effect immediately.