Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1290


Introduced by Assembly Member Dahle

February 27, 2015


begin deleteAn act to amend Section 34161 of the Health and Safety Code, relating to redevelopment. end deletebegin insertAn act to add Section 32132.8 to the Health and Safety Code, relating to health care districts.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1290, as amended, Dahle. begin deleteCommunity redevelopment. end deletebegin insertHealth care districts: public contracts: design-build.end insert

begin insert

The Local Health Care District Law provides for local health care districts which govern certain health care facilities. Each health care district has specific duties and powers respecting the creation, administration, and maintenance of the districts, including to purchase, receive, take, hold, lease, use, and enjoy property of every kind and description within and without the limits of the district.

end insert
begin insert

The Local Agency Public Construction Act establishes bidding procedures for the award of construction contracts by local agencies.

end insert
begin insert

The act authorizes counties, with the approval of the board of supervisors, to use a design-build procedure for building contracts in excess of $1,000,000.

end insert
begin insert

This bill would authorize the Mayers Memorial Hospital District to use this design-build process when contracting for the construction of a building and improvements directly related to a hospital or health facility building at Mayers Memorial Hospital.

end insert
begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the Mayers Memorial Hospital District.

end insert
begin delete

Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and designates successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies. Existing law requires a successor agency to, among other things, continue to make payments due for enforceable obligations, remit unencumbered balances to the county auditor-controller for distribution, and dispose of assets, as directed.

end delete
begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

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

end insert
begin insert

3(1) Utilizing a design-build contract requires a clear
4understanding of the roles and responsibilities of each participant
5in the process.

end insert
begin insert

6(2) Cost benefits for health care districts are achieved by shifting
7the liability and risk for cost containment and project completion
8to the design-build entity.

end insert
begin insert

9(b) It is the intent of the Legislature that the design-build process
10be used by health care districts solely for buildings associated
11with hospitals and health care and not for other infrastructure,
12including, but not limited to, streets, highways, public rail transit,
13roads, bridges, water resources facilities, and related
14infrastructure.

end insert
15begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 32132.8 is added to the end insertbegin insertHealth and Safety
16Code
end insert
begin insert, to read:end insert

begin insert
17

begin insert32132.8.end insert  

(a) Notwithstanding Section 32132 or any other law,
18upon approval by the board of directors of the Mayers Memorial
19Hospital District, the design-build procedure described in Chapter
204 (commencing with Section 22160) of Part 3 of Division 2 of the
21Public Contract Code may be used to assign contracts for the
22construction of a building or improvements directly related to
23construction of a hospital or health facility building at the Mayers
24Memorial Hospital District.

P3    1(b) For purposes of this section, all references in Chapter 4
2(commencing with Section 22160) of Part 3 of Division 2 of the
3Public Contract Code to “local agency” shall mean the Mayers
4Memorial Hospital District and its board of directors.

5(c) A hospital building project utilizing the design-build process
6authorized by subdivision (a) shall be reviewed and inspected in
7accordance with the standards and requirements of the Alfred E.
8Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
9(commencing with Section 129675) of Part 7 of Division 107).

end insert
10begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
11is necessary and that a general law cannot be made applicable
12within the meaning of Section 16 of Article IV of the California
13Constitution because of the unique circumstances of the Mayers
14Memorial Hospital District.

end insert
begin delete15

SECTION 1.  

Section 34161 of the Health and Safety Code is
16amended to read:

17

34161.  

Notwithstanding Part 1 (commencing with Section
1833000), Part 1.5 (commencing with Section 34000), Part 1.6
19(commencing with Section 34050), and Part 1.7 (commencing
20with Section 34100), or any other law, commencing on the effective
21date of this part, an agency shall not incur new or expand existing
22monetary or legal obligations except as provided in this part. All
23of the provisions of this part shall take effect and be operative on
24the effective date of the act adding this part.

end delete


O

    98