BILL NUMBER: AB 943 CHAPTERED
BILL TEXT
CHAPTER 110
FILED WITH SECRETARY OF STATE JULY 25, 2011
APPROVED BY GOVERNOR JULY 25, 2011
PASSED THE SENATE JULY 1, 2011
PASSED THE ASSEMBLY JULY 5, 2011
AMENDED IN SENATE JUNE 23, 2011
AMENDED IN SENATE JUNE 13, 2011
AMENDED IN ASSEMBLY MAY 2, 2011
AMENDED IN ASSEMBLY MARCH 22, 2011
INTRODUCED BY Assembly Member Williams
FEBRUARY 18, 2011
An act to amend Sections 22013, 22014, and 22034 of the Public
Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 943, Williams. Public contracts: California Uniform
Construction Cost Accounting Commission: local contracts: alternative
procedures.
Under existing law, the California Uniform Construction Cost
Accounting Commission is responsible for recommending, for adoption
by the Controller, uniform construction cost accounting procedures
for implementation by public agencies in the construction of public
projects. Existing law requires the commission members to select a
chairperson from among its membership to serve as chair for a term of
one year from the date of selection.
This bill would extend the term of the chairperson to 2 years from
the date of selection.
Under existing law, the members of the California Uniform
Construction Cost Accounting Commission hold office for terms of 3
years. If there is a vacancy, the Controller is required, within 45
days after the expiration of any term, to appoint a replacement to
fill the vacancy on the commission.
This bill would instead require the Controller to appoint a
replacement within 90 days after the expiration of any term.
Existing law governing public contracts establishes procedures
that public agencies, as defined, are required to follow when
performing public works projects, and authorizes the governing board
of the public agency to adopt a resolution, by a 4/5 vote, to award
the contract at $137,500 or less to the lowest responsible bidder
when all informal bids on the public works project are in excess of
$125,000.
This bill would increase the above limits from $125,000 to
$175,000, and from $137,500 to $187,500, respectively.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22013 of the Public Contract Code is amended to
read:
22013. The commission members shall select a chairperson from
among its membership. The chairperson shall serve as chair for a term
of two years from the date of selection. In no event shall two
consecutive chairpersons be appointees representing either the
construction industry or public agencies.
SEC. 2. Section 22014 of the Public Contract Code is amended to
read:
22014. (a) The members of the commission shall hold office for
terms of three years, and until their successors are appointed,
except as otherwise provided for in this section.
(b) In the case of members initially appointed by the Controller,
two representing the construction industry and two representing
public agencies shall be appointed to serve until July 1, 1985; two
representing the construction industry and two representing public
agencies shall be appointed to serve until July 1, 1986; and three
representing the construction industry and three representing public
agencies shall be appointed to serve until July 1, 1987.
(c) Members may be reappointed for subsequent terms of three
years.
(d) The Controller shall, within 90 days after the expiration of
any term, appoint a replacement to fill the vacancy on the
commission.
SEC. 3. Section 22034 of the Public Contract Code is amended to
read:
22034. Each public agency that elects to become subject to the
uniform construction accounting procedures set forth in Article 2
(commencing with Section 22010) shall enact an informal bidding
ordinance to govern the selection of contractors to perform public
projects pursuant to subdivision (b) of Section 22032. The ordinance
shall include all of the following:
(a) The public agency shall maintain a list of qualified
contractors, identified according to categories of work. Minimum
criteria for development and maintenance of the contractors list
shall be determined by the commission.
(b) All contractors on the list for the category of work being bid
or all construction trade journals specified in Section 22036, or
both all contractors on the list for the category of work being bid
and all construction trade journals specified in Section 22036, shall
be mailed a notice inviting informal bids unless the product or
service is proprietary.
(c) All mailing of notices to contractors and construction trade
journals pursuant to subdivision (b) shall be completed not less than
10 calendar days before bids are due.
(d) The notice inviting informal bids shall describe the project
in general terms and how to obtain more detailed information about
the project, and state the time and place for the submission of bids.
(e) The governing body of the public agency may delegate the
authority to award informal contracts to the public works director,
general manager, purchasing agent, or other appropriate person.
(f) If all bids received are in excess of one hundred seventy-five
thousand dollars ($175,000), the governing body of the public agency
may, by adoption of a resolution by a four-fifths vote, award the
contract, at one hundred eighty-seven thousand five hundred dollars
($187,500) or less, to the lowest responsible bidder, if it
determines the cost estimate of the public agency was reasonable.