Amended in Assembly May 18, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1290


Introduced by Assembly Member Dahle

February 27, 2015


An act to add Section 32132.8 to the Health and Safety Code, relating to health care districtsbegin insert, and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1290, as amended, Dahle. Health care districts: public contracts: design-build.

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.

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

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.

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.

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

begin insert

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

end insert

Vote: begin deletemajority end deletebegin insert23end insert. 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 both of
2the following:

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

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.

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

14

SEC. 2.  

Section 32132.8 is added to the Health and Safety
15Code
, to read:

16

32132.8.  

(a) Notwithstanding Section 32132 or any other law,
17upon approval by the board of directors of the Mayers Memorial
18Hospital District, the design-build procedure described in Chapter
194 (commencing with Section 22160) of Part 3 of Division 2 of the
20Public Contract Code may be used to assign contracts for the
21construction of a building or improvements directly related to
22construction of a hospital or health facility building at the Mayers
23Memorial Hospital District.

24(b) For purposes of this section, all references in Chapter 4
25(commencing with Section 22160) of Part 3 of Division 2 of the
26Public Contract Code to “local agency” shall mean the Mayers
27Memorial Hospital District and its board of directors.

28(c) A hospital building project utilizing the design-build process
29authorized by subdivision (a) shall be reviewed and inspected in
30accordance with the standards and requirements of the Alfred E.
P3    1Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
2(commencing with Section 129675) of Part 7 of Division 107).

3

SEC. 3.  

The Legislature finds and declares that a special law
4is necessary and that a general law cannot be made applicable
5within the meaning of Section 16 of Article IV of the California
6Constitution because of the unique circumstances of the Mayers
7Memorial Hospital District.

8begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
9immediate preservation of the public peace, health, or safety within
10the meaning of Article IV of the Constitution and shall go into
11immediate effect. The facts constituting the necessity are:

end insert
begin insert

12In order to comply with health regulations, seismic requirements,
13and meet increasing demand for health care services at the earliest
14possible time, it is necessary that this act take effect immediately.

end insert


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