Amended in Senate July 2, 2014

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

(Coauthor: Assembly Member Stone)

(Coauthors: Senators Cannella and Monning)

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.begin insert Certain alternative provisions of the bill that would authorize the agency to use a different design-build procedure, as specified, would become operative only if SB 785 is enacted and takes effect on or before January 1, 2015, in which case the other authority to award a design-build contract described above would no longer be operative.end insert

(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:

P2    1

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 Salinas River Groundwater Basin downstream
20of the lakes, and also improves water supply and groundwater
21recharge in the basin, which contribute to the economic viability
22and agricultural production of the valley.

P3    1(6) The agency has previously undertaken projects to improve
2water storage and groundwater recharge within the basin, including
3the Salinas Valley Water Project, which, in part, implemented
4modifications to the spillway in the dam at Lake Nacimiento, and
5in the operation of the dams and spillways at the lakes.

6(7) Despite these projects, the current drought conditions will
7have long-term significant impacts on the agricultural production
8in the valley, and additional appropriate projects are necessary to
9ensure the continued economic viability and agricultural production
10in the valley, especially in light of future conditions as may be
11affected by global climate change.

12(8) The watershed of Lake Nacimiento generally experiences
13more runoff from storms and thus provides more water for storage
14than does the watershed of Lake San Antonio and, as a result, water
15otherwise available for storage at Lake Nacimiento is lost due to
16volumes exceeding its storage capacity.

17(9) The agency has proposed a project to connect Lake
18Nacimiento and Lake San Antonio by an underground tunnel or
19pipeline that would be constructed within a right-of-way or other
20easement acquired by the agency for that purpose.

21(10) The project will maximize overall water storage at the lakes
22by allowing the conveyance of water to Lake San Antonio for
23storage that may otherwise overflow from Lake Nacimiento, thus
24improving the benefits provided by the lakes and the Salinas Valley
25Water Project to the basin and the valley, mitigating the impact of
26the drought, and improving the economic viability of the valley
27and its agricultural production, all benefitting the state.

28(11) Utilizing an alternative project delivery system, consisting
29of a design-build contract, will provide benefits by shifting the
30liability and risk for cost containment and project completion to
31the design-build entity, and will provide for the more timely and
32efficient project delivery in light of the current drought conditions
33and the Governor’s emergency declaration.

34(12) The agency has requested the authority to utilize the
35alternative project delivery system in conjunction with a project
36labor agreement that meets the requirements of Chapter 2.8
37(commencing with Section 2500) of Part 1 of Division 2 of the
38Public Contract Code so as to complete the project in a more timely
39and efficient manner without any disruptions.

P4    1(b) It is the intent of the Legislature that the design-build process
2set forth in Section 2begin insert or 2.5end insert of this act may be used by the agency
3solely for the purpose of the project, and not for other purposes.

4

SEC. 2.  

Section 11.1 is added to the Monterey County Water
5Resources Agency Act
(Chapter 1159 of the Statutes of 1990), to
6read:

7

11.1.  

(a) The following definitions apply to this section:

begin delete

8(1) “Design-build” means a procurement process in which both
9the design and construction of a project are procured from a single
10entity.

end delete
begin delete

11(2) “Design-build entity” means a partnership, corporation, or
12other legal entity that is able to provide appropriately licensed
13contracting, architectural, and engineering services as needed
14pursuant to a design-build contract.

end delete
begin delete

15(3)

end delete

16begin insert(end insertbegin insert1)end insert “Lakes” meansbegin insert,end insert collectivelybegin insert,end insert Lake San Antonio, located in
17the County of Monterey, and Lake Nacimiento, located in the
18County of San Luis Obispo, both owned and operated by the
19Monterey County Water Resources Agency.

begin delete

20(4)

end delete

21begin insert(end insertbegin insert2)end insert “Project” means a project to connect the lakes with an
22underground tunnel or pipeline for the purpose of maximizing
23water storage, supply, and groundwater recharge at the lakes, and
24within the Salinas River Groundwater Basin and the Salinas Valley,
25including all necessary subsurface and surface improvements.

begin delete

26(5)

end delete

27begin insert(end insertbegin insert3)end insert “Project labor agreement” means an agreement that meets
28the requirements of Chapter 2.8 (commencing with Section 2500)
29of Part 1 of Division 2 of the Public Contract Code.

begin delete

30(b) (1) Notwithstanding any other law, the agency may award
31a design-build contract for the combined design and construction
32of the project.

end delete
begin delete

33(2) If the agency does award a design-build contract as
34authorized under paragraph (1), it shall do the following:

end delete
begin delete

35(A) Establish a procedure for the selection of the design-build
36entity for the project.

end delete
begin delete

37(B) Award the contract based upon a written proposal that is
38determined to be the most advantageous to the agency.

end delete
begin delete

39(C) Ensure

end delete
begin insert

P5    1(b) Notwithstanding any other law, upon approval by the board
2of directors of the Monterey County Water Resources Agency, the
3agency may use the design-build procedure described in Section
420133 of the Public Contract Code to assign contracts for the
5design and construction of the project.

end insert
begin insert

6(c) For purposes of this section, any reference to “county” in
7Section 20133 of the Public Contract Code shall mean the
8Monterey County Water Resources Agency and its board.

end insert

9begin insert(d)end insertbegin insertend insertbegin insertThe agency shall ensureend insert that the design-build entity selected
10for the project enters into a project labor agreement that will bind
11all of the contractors performing work on the project.

begin delete

12(c)

end delete

13begin insert(e)end insert The agency may utilize a design-buildbegin delete contractend deletebegin insert processend insert solely
14begin insert to award contractsend insert for the project and for no other purpose.

begin insert15

begin insertSEC. 2.5.end insert  

Section 11.1 is added to the Monterey County Water
16Resources Agency Act
(Chapter 1159 of the Statutes of 1990), to
17read:

18

begin insert11.1.end insert  

(a) The following definitions apply to this section:

19(1) “Lakes” means, collectively, Lake San Antonio, located in
20the County of Monterey, and Lake Nacimiento, located in the
21County of San Luis Obispo, both owned and operated by the
22Monterey County Water Resources Agency.

23(2) “Project” means a project to connect the lakes with an
24underground tunnel or pipeline for the purpose of maximizing
25water storage, supply, and groundwater recharge at the lakes, and
26within the Salinas Valley River Groundwater Basin and the Salinas
27Valley proper, including all necessary subsurface and surface
28improvements.

29(3) “Project labor agreement” means an agreement that meets
30the requirements of Chapter 2.8 (commencing with Section 2500)
31of Part 1 of Division 2 of the Public Contract Code.

32(b) Notwithstanding any other law, upon approval by the board,
33the agency may use the design-build procedure described in
34Chapter 4 (commencing with Section 22160) of Part 3 of Division
352 of the Public Contract Code to assign contracts for the design
36and construction of the project.

37(c) For purposes of this section, all references in Chapter 4
38(commencing with Section 22160) of Part 3 of Division 2 of the
39Public Contract Code to “local agency” shall mean the Monterey
40County Water Resources Agency and its board.

P6    1(d) The agency shall ensure that the design-build entity selected
2for the project enters into a project labor agreement that will bind
3all of the contractors performing work on the project.

4(e) The agency may utilize a design-build process solely to
5award contracts for the project and for no other purpose.

end insert
6

SEC. 3.  

The Legislature finds and declares that a special law
7is necessary and that a general law cannot be made applicable
8within the meaning of Section 16 of Article IV of the California
9Constitution because of the unique circumstances of the Monterey
10County Water Resources Agency.

11begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2.5 of this act shall become operative on the
12date that Senate Bill 785end insert
begin insert takes effect if Senate Bill 785end insertbegin insert is also
13enacted and takes effect on or before January 1, 2015, in which
14case Section 2 of this act shall become inoperative on the date that
15Senate Bill 785 takes effect.end insert

16

begin deleteSEC. 4.end delete
17begin insertSEC. 5.end insert  

This act is an urgency statute necessary for the
18immediate preservation of the public peace, health, or safety within
19the meaning of Article IV of the Constitution and shall go into
20immediate effect. The facts constituting the necessity are:

21In order to mitigate the conditions within the County of Monterey
22caused by the current drought and as set forth by the Governor in
23the related emergency declaration, it is necessary that this act take
24effect immediately.



O

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