Amended in Senate June 17, 2014

Amended in Senate June 9, 2014

Amended in Senate February 20, 2014

Amended in Assembly May 29, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 155


Introduced by Assembly Member Alejo

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(Coauthor: Assembly Member Stone)

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(Coauthors: Senators Cannella and Monning)

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January 22, 2013


An act to add Section 11.1 to the Monterey County Water Resources Agency Act (Chapter 1159 of the Statutes of 1990), relating to water, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 155, as amended, Alejo. Monterey County Water Resources Agency: design-build.

(1) Existing law, the Monterey County Water Resources Agency Act, establishes the Monterey County Water Resources Agency as a flood control and water agency within the County of Monterey.

This bill would authorize the agency to award a design-build contract for the combined design and construction of a project to connect Lake San Antonio, located in the County of Monterey, and Lake Nacimiento, located in the County of San Luis Obispo, with an underground tunnel or pipeline for the purpose of maximizing water storage, supply, and groundwater recharge.

(2) The bill would declare that, due to the unique circumstances of the agency, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

(3) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) The Salinas Valley contains some of the most fertile land
4in, and is a leading provider of produce to, the world, and due to
5the economic impact of its production it contributes to the general
6economic well-being of the state.

7(2) As of 2014, the state, including the County of Monterey,
8has experienced extraordinary drought conditions, which threaten,
9in part, the economic viability and agricultural production of the
10valley.

11(3) In light of these extraordinary drought conditions, the
12Governor, on January 17, 2014, declared a state of emergency.

13(4) The Monterey County Water Resources Agency (hereafter
14the agency), established pursuant to Chapter 1159 of the Statutes
15of 1990, owns and controls two reservoirs: Lake San Antonio,
16located in the County of Monterey, and Lake Nacimiento, located
17in the County of San Luis Obispo.

18(5) These lakes provide water storage for, and flood control
19protection to, the Salinasbegin delete Valleyend deletebegin insert Riverend insert Groundwaterbegin delete basinend deletebegin insert Basinend insert
20 downstream of the lakes, and also improves water supply and
21groundwater recharge in the basin, which contribute to the
22economic viability and agricultural production of the valley.

23(6) The agency has previously undertaken projects to improve
24water storage and groundwater recharge within the basin, including
25the Salinas Valley Water Project, which, in part, implemented
26modifications to the spillway in the dam at Lake Nacimiento, and
27in the operation of the dams and spillways at the lakes.

28(7) Despite these projects, the current drought conditions will
29have long-term significant impacts on the agricultural production
P3    1in the valley, and additional appropriate projects are necessary to
2ensure the continued economic viability and agricultural production
3 in the valley, especially in light of future conditions as may be
4affected by global climate change.

5(8) The watershed of Lake Nacimiento generally experiences
6more runoff from storms and thus provides more water for storage
7than does the watershed of Lake San Antonio and, as a result, water
8otherwise available for storage at Lake Nacimiento is lost due to
9volumes exceeding its storage capacity.

10(9) The agency has proposed a project to connect Lake
11Nacimiento and Lake San Antonio by an underground tunnel or
12pipeline that would be constructed within a right-of-way or other
13easement acquired by the agency for that purpose.

14(10) The project will maximize overall water storage at the lakes
15by allowing the conveyance of water to Lake San Antonio for
16storage that may otherwise overflow from Lake Nacimiento, thus
17improving the benefits provided by the lakes and the Salinas Valley
18Water Project to the basin and the valley, mitigating the impact of
19the drought, and improving the economic viability of the valley
20and its agricultural production, all benefitting the state.

21(11) Utilizing an alternative project delivery system, consisting
22of a design-build contract, will provide benefits by shifting the
23liability and risk for cost containment and project completion to
24the design-build entity, and will provide for the more timely and
25efficient project delivery in light of the current drought conditions
26and the Governor’s emergency declaration.

27(12) The agency has requested the authority to utilize the
28alternative project delivery system in conjunction with a project
29labor agreement that meets the requirements of Chapter 2.8
30(commencing with Section 2500) of Part 1 of Division 2 of the
31Public Contract Code so as to complete the project in a more timely
32and efficient manner without any disruptions.

33(b) It is the intent of the Legislature that the design-build process
34set forth in Section 2 of this act may be used by the agency solely
35for the purpose of the project, and not for other purposes.

36

SEC. 2.  

Section 11.1 is added to the Monterey County Water
37Resources Agency Act
(Chapter 1159 of the Statutes of 1990), to
38read:

39

11.1.  

(a) The following definitions apply to this section:

P4    1(1) “Design-build” means a procurement process in which both
2the design and construction of a project are procured from a single
3entity.

4(2) “Design-build entity” means a partnership, corporation, or
5other legal entity that is able to provide appropriately licensed
6contracting, architectural, and engineering services as needed
7pursuant to a design-build contract.

8(3) “Lakes” means collectively Lake San Antonio, located in
9the County of Monterey, and Lake Nacimiento, located in the
10County of San Luis Obispo, both owned and operated by the
11Monterey County Water Resources Agency.

12(4) “Project” means a project to connect the lakes with an
13underground tunnel or pipeline for the purpose of maximizing
14water storage, supply, and groundwater recharge at the lakes, and
15within the Salinasbegin delete Valleyend deletebegin insert Riverend insert Groundwater Basin and the Salinas
16Valleybegin delete properend delete, including all necessary subsurface and surface
17improvements.

18(5) “Project labor agreement” means an agreement that meets
19the requirements of Chapter 2.8 (commencing with Section 2500)
20of Part 1 of Division 2 of the Public Contract Code.

21(b) (1) Notwithstanding any other law, the agency may award
22a design-build contract for the combined design and construction
23of the project.

24(2) If the agency does award a design-build contract as
25authorized under paragraph (1), it shall do the following:

26(A) Establish a procedure for the selection of the design-build
27entity for the project.

28(B) Award the contract based upon a written proposal that is
29determined to be the most advantageous to the agency.

30 (C) Ensure that the design-build entity selected for the project
31enters into a project labor agreement that will bind all of the
32contractors performing work on the project.

33(c) The agency may utilize a design-build contract solely for
34the project and for no other purpose.

35

SEC. 3.  

The Legislature finds and declares that a special law
36is necessary and that a general law cannot be made applicable
37within the meaning of Section 16 of Article IV of the California
38Constitution because of the unique circumstances of the Monterey
39County Water Resources Agency.

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SEC. 4.  

This act is an urgency statute necessary for the
2immediate preservation of the public peace, health, or safety within
3the meaning of Article IV of the Constitution and shall go into
4immediate effect. The facts constituting the necessity are:

5In order to mitigate the conditions within the County of Monterey
6caused by the current drought and as set forth by the Governor in
7the related emergency declaration, it is necessary that this act take
8effect immediately.



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