Amended in Senate August 12, 2014

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 Bill No. 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 begin delete water, and declaring the urgency thereof, to take effect immediately. end delete begin insert water. end insert

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. 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 begin delete takes effect end delete begin insert becomes effective end insert on or before January 1, begin delete 2015, in which case the other authority to award a design-build contract described above would no longer be operative end delete begin insert 2015 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.

begin delete

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

end delete

Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

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

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

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

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

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

(5) These lakes provide water storage for, and flood control
protection to, the Salinas River Groundwater Basin downstream
of the lakes, and also improves water supply and groundwater
recharge in the basin, which contribute to the economic viability
and agricultural production of the valley.

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

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

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

(9) The agency has proposed a project to connect Lake
Nacimiento and Lake San Antonio begin insert for the enhancement and benefit
of Zone 2c of the agency end insert by an underground tunnel or pipeline that
would be constructed within a right-of-way or other easement
acquired by the agency for that purpose.

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

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

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

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

SEC. 2.  

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

begin delete

11. 1.  

(a) The

end delete

begin insert

begin insert Sec. 11.1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The end insert following definitions apply to this section:

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

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

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

(b) Notwithstanding any other law, upon approval by the board
of directors of the Monterey County Water Resources Agency, the
agency may use the design-build begin delete procedure end delete begin insert process end insert described in
Section 20133 of the Public Contract Code to assign contracts for
the design and construction of the project.

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

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

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

SEC. 2.5.  

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

begin delete

11. 1.  

(a) The

end delete

begin insert

begin insert Sec. 11.1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The end insert following definitions apply to this section:

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

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

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

(b) Notwithstanding any other law, upon approval by the board,
the agency may use the design-build begin delete procedure end delete begin insert process end insert described
in Chapter 4 (commencing with Section 22160) of Part 3 of
Division 2 of the Public Contract Code to assign contracts for the
design and construction of the project.

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

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

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

SEC. 3.  

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

SEC. 4.  

Section 2.5 of this act shall become operative begin delete on the
date that Senate Bill 785 takes effect end delete begin insert only end insert if Senate Bill 785 is also
enacted and begin delete takes effect end delete begin insert becomes effective end insert on or before January 1,
2015, in which case Section 2 of this act shall begin delete become inoperative
on the date that Senate Bill 785 takes effect. end delete begin insert not become operative. end insert

begin delete

SEC. 5.  

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

end delete