SB 1170, as amended, Wieckowski. Public contracts: water pollution prevention plans: delegation.
Existing law prohibits a local public entity, charter city, or charter county from requiring a bidder on a public works contract to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications on public works projects, except as specified.
Existing law requires the State Water Resources Control Board and the 9 California regional water quality control boards to prescribe waste discharge requirements in accordance with the National Pollutant Discharge Elimination System (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law regulates the discharge of pollutants in stormwater associated with construction activity to waters of the United States from construction sites that disturbs one or more acres of land surface, or that is part of a common plan of development or sale that disturbs more than one acre of land surface.
This bill would prohibit a public entity, charter city, or charter county from delegating to a contractor the development of a plan, as defined, used to prevent or reduce water pollution or runoff on a public works contract, except as provided. The bill would also prohibit a public entity, charter city, or charter county from requiring a contractor on a public works contract that includes compliance with a plan to assume responsibility for the completeness and accuracy of a plan developed by that entity.begin insert The bill would provide that these prohibitions do not apply to contracts that use specified procurement methods.end insert The bill would also declare that this is a matter of statewide concern. The bill would state that its provisions are declaratory of existing law, as specified.
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 the Legislature finds there is no mandate contained in the bill that will result in costs incurred by a local agency or school district for a new program or higher level of service which require reimbursement pursuant to these constitutional and statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 7107.5 is added to the Public Contract
2Code, to read:
(a) As used in this section, the following definitions
4shall apply:
5(1) “Plan” means a stormwater pollution prevention plan, water
6pollution control program, or any other plan required by a regional
7water quality control board to prevent or reduce water pollution
8or runoff on a public works project, pursuant to State Water
9Resources Control Board Order No. 2009-0009-DWQ.
10(2) “Plan developer” means a qualified stormwater pollution
11prevention plan developer or a qualified stormwater pollution
12prevention plan practitioner as those terms are defined in Appendix
135 of State Water Resources Control Board Order No.
142009-0009-DWQ.
15(b) (1) (A) A public entity, charter city, or charter county shall
16not delegate to a contractor the development of a plan on a public
17works contract.
P3 1(B) Subparagraph (A) shall not apply to a contract for
2architectural or engineering services relating to the development
3of a plan on a public works contract.
4(C) This section does not restrict a public entity, charter city,
5or charter county from contracting with a duly licensed architect
6or engineer for the design of a plan.
7(2) A public entity, charter city, or charter county shall not
8require a contractor on a public works contract that includes
9compliance with a plan to
assume responsibility for the
10completeness and accuracy of the plan developed by that entity.
11(c) Subdivision (b) shall apply regardless of the project delivery
12method required in a public works contract.
13
(c) Subdivision (b) shall apply to all public works contracts
14except contracts that use the following statutorily authorized
15procurement methods:
16
(1) Design-build.
17
(2) Best value.
18
(3) Construction manager at-risk contracts where the
19construction manager is authorized to retain a plan developer for
20the project owners.
21(d) Nothing in this section shall be construed to prohibit a local
22public entity, charter city, or charter county from requiring a bidder
23or contractor on a
public works contract to review any applicable
24plan and report any errors or omissions noted to the public entity
25or its plan developer. The review by the contractor shall be limited
26to the contractor’s capacity as a contractor and not as a licensed
27design professional or plan developer.
The Legislature finds and declares that it is of statewide
29concern to require a public entity, charter city, or charter county
30to be responsible for the development of, and completeness and
31accuracy of, a plan to prevent or reduce water pollution or runoff
32on a public works project.
The addition of Section 7107.5 to the Public Contract
34Code made by this act does not constitute a change in, but is
35declaratory of, existing law, including, but not limited to, Chapter
367 (commencing with Section 6700) of Division 3 of the Business
37and Professions Code, Title 12 (commencing with Section 2772)
38of Part 4 of Division 3 of the Civil Code, and Section 1104 of the
39Public Contract Code.
The Legislature finds that there is no mandate
2contained in this act that will result in costs incurred by a local
3agency or school district for a new program or higher level of
4service which require reimbursement pursuant to Section 6 of
5Article XIII B of the California Constitution and Part 7
6(commencing with Section 17500) of Division 4 of Title 2 of the
7Government Code.
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