BILL NUMBER: SB 693	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Dutton

                        FEBRUARY 18, 2011

   An act to amend Section 5956.1 of the Government Code, and to
amend Section 116 of the Streets and Highways Code, relating to
public contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 693, as introduced, Dutton. Public contracts: local agencies.
   Existing law sets forth requirements for the solicitation and
evaluation of bids and the awarding of contracts by public entities
for the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement.
Existing law also authorizes specified state agencies, cities, and
counties to implement alternative procedures for the awarding of
contracts on a design-build basis. Existing law authorizes the
Department of Transportation and regional transportation agencies to
enter into public-private partnerships for transportation projects
under certain conditions. Existing law authorizes the department to
delegate to any city or county any part of its powers and
jurisdiction, except the power of approval, with respect to any
portion of any state highway within the city or county, and to
withdraw the delegation.
   This bill would specify that the delegation authority includes the
authority to utilize private-public partnership agreements for
transportation projects. The bill would also make findings and
declarations related to local agency contracting.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  The Legislature hereby finds and declares the
following:
   (a) It is the intent of the Legislature to provide local
jurisdictions with more flexibility for job creation and expedited
transportation infrastructure project completion by authorizing
public-private partnerships and alternative procedures for bidding
and building transportation projects.
   (b) The Legislature has recognized the merits of alternative
project delivery methods such as public-private partnerships and the
design-build procurement process in the past by authorizing its use
for projects undertaken by school districts, the University of
California, specified local government projects, state office
buildings, and public transit projects.
  SEC. 2.  Section 5956.1 of the Government Code is amended to read:
   5956.1.   (a)    It is the intent of the
Legislature that local governmental agencies have the authority and
flexibility to utilize private investment capital to study, plan,
design, construct, develop, finance, maintain, rebuild, improve,
repair, or operate, or any combination thereof, fee-producing
infrastructure facilities. Without the ability to utilize private
sector investment capital to study, plan, design, construct, develop,
finance, maintain, rebuild, improve, repair, or operate, or any
combination thereof, fee-producing infrastructure facilities, the
Legislature finds that some local governmental agencies will not be
able to adequately, competently, or satisfactorily retrofit,
reconstruct, repair, or replace existing infrastructure and will not
be able to adequately, competently, or satisfactorily design and
construct new infrastructure. 
   (b) It is further the intent of the Legislature that
infrastructure projects may be financed by a combination of public
funding, including federal, state, and local funds, and private
sector financing under this chapter. 
  SEC. 3.  Section 116 of the Streets and Highways Code is amended to
read:
   116.  The department may delegate to any such city or county any
part of the powers and jurisdiction vested by law in the department,
 including authority to utilize private-public partnership
agreements pursuant to Section 143 for   transportation
projects,  except the power of approval, with respect to any
portion of any such state highway within such city or county, and may
withdraw such delegation.