BILL NUMBER: SB 1433 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 19, 2014
AMENDED IN ASSEMBLY AUGUST 7, 2014
INTRODUCED BY Senator Hill
FEBRUARY 21, 2014
An act to amend Sections 20209.5, 20209.7, 20209.11, and
20209.14 of, to add and repeal Article 6.9 (commencing with Section
20209.15) of Chapter 1 of Part 3 of Division 2 of, and to repeal
Section 20209.12 of, Section 20209.14 of the
Public Contract Code, relating to transit contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1433, as amended, Hill. Local Agency Public Construction Act:
transit design-build contracts: transit operators.
contracts.
The Local Agency Public Construction Act until January 1,
2015, authorizes a transit operator , as defined, to
enter into a design-build contract, as specified. Existing law
requires certain information submitted in this regard to be provided
under penalty of perjury. The act defines a "transit
operator" as a transit district, included transit district, municipal
operator, included municipal operator, or transit development board,
a consolidated agency, or any joint powers authority formed to
provide transit service. The act establishes conditions for the
selection of the design-build entity and establishes monetary
thresholds for the use of a design-build contract. The act repeals
these provisions on January 1, 2015.
This bill would include in the definition of "transit operator"
any other local or regional agency responsible for the construction
of transit projects, thereby extending the design-build procurement
authorization. The bill would revise the monetary thresholds to
generally require that project costs exceed $1,000,000 for the use of
a design-build contract. The bill would provide that these
provisions apply to project solicitations that commenced prior to
January 1, 2015, and would extend the repeal date to January 1, 2017.
The bill, for project solicitations that commence on or after
January 1, 2015, would establish conditions for a "transit operator,"
as defined, to select a design-build entity for a design-build
project, and would repeal these provisions on January 1, 2024.
The bill, by extending the design-build procurement authorization,
would impose the statement of qualifications requirement upon
transit operators, subject to penalty of perjury, thereby creating a
new crime and imposing a state-mandated local program.
This bill would extend the authorization for a transit operator to
enter into a design-build contract until January 1, 2017. Because
the bill would expand the crime of perjury, it would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20209.14 of the
Public Contract Code is amended to read:
20209.14. This article shall remain in effect only until January
1, 2015, 2017, and as of that date is
repealed.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. All matter omitted in this version of
the bill appears in the bill as amended in the Assembly, August 19,
2014. (JR11)