Senate BillNo. 957


Introduced by Senator Hueso

(Coauthors: Senators Hill and Wolk)

February 4, 2016


An act to amend Section 32132.5 of the Health and Safety Code, relating to health care districts.

LEGISLATIVE COUNSEL’S DIGEST

SB 957, as introduced, Hueso. Health care districts: design-build process.

Existing law authorizes the Sonoma Valley Health Care District and, until January 1, 2025, the Marin Healthcare District, to use the design-build process when contracting for the construction of a building or improvements directly related to a hospital or health facility building at the Sonoma Valley Hospital or the Marin General Hospital. Existing law sets forth the procurement process for design-build projects, as specified, and requires specified information by submitted design-build entities to be verified under penalty of perjury.

This bill would instead authorize, until January 1, 2025, any health care district to use the design-build process when contracting for the construction of a hospital or health facility building. Because the bill would expand the application of the procurement process to additional design-build entities, the bill would expand the crime of perjury, thereby imposing 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:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

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

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

9(c) 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 facilities, including clinics and skilled
12nursing facilities, and not for other infrastructure, including, but
13not limited to, streets, highways, public rail transit, roads, bridges,
14other water resources facilities, and related infrastructure.

15

SEC. 2.  

Section 32132.5 of the Health and Safety Code, as
16amended by Section 4 of Chapter 931 of the Statutes of 2014, is
17amended to read:

18

32132.5.  

(a) Notwithstanding Section 32132 or any other law,
19upon approval bybegin delete the board of directors of the Sonoma Valley
20Health Care District or the Marin Healthcare District, as applicable,end delete

21begin insert its board of directors, a health care district may useend insert the
22design-build procedure described in Chapter 4 (commencing with
23Section 22160) of Part 3 of Division 2 of the Public Contract Code
24begin delete may be usedend delete to assign contracts for the construction of a building
25or improvements directly related to construction of a hospital or
26health facilitybegin delete building at the Sonoma Valley Hospital or the Marin
27General Hospital.end delete
begin insert building.end insert

28(b) For purposes of this section, except where the context
29otherwise requires, all references in Chapter 4 (commencing with
30Section 22160) of Part 3 of Division 2 of the Public Contract Code
31to “local agency” shall mean thebegin delete Sonoma Valley Health Care
32District and the Marin Healthcare District.end delete
begin insert health care district and
33its board of directors.end insert

34(c) A hospital building project utilizing the design-build process
35authorized by subdivision (a) shall be reviewed and inspected in
P3    1accordance with the standards and requirements of the Alfred E.
2Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
3(commencing with Section 129675) of Part 7 of Division 107).

begin insert

4(d) Except as provided in this section, this section shall not be
5construed to affect the application of any other law.

end insert
begin delete

6(d)

end delete

7begin insert(e)end insert This section shall remain in effect only until January 1, 2025,
8and as of that date is repealed.

9

SEC. 3.  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



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