BILL NUMBER: SB 1170 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Wieckowski
(Coauthor: Senator Hill)
(Coauthor: Assembly Member Alejo)
FEBRUARY 18, 2016
An act to add Section 7107.5 to the Public Contract Code, relating
to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
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. The bill would
provide that these prohibitions do not apply to contracts that use
specified procurement methods. 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 1. Section 7107.5 is added to the Public Contract Code, to
read:
7107.5. (a) As used in this section, the following definitions
shall apply:
(1) "Plan" means a stormwater pollution prevention plan, water
pollution control program, or any other plan required by a regional
water quality control board to prevent or reduce water pollution or
runoff on a public works project, pursuant to State Water Resources
Control Board Order No. 2009-0009-DWQ.
(2) "Plan developer" means a qualified stormwater pollution
prevention plan developer or a qualified stormwater pollution
prevention plan practitioner as those terms are defined in Appendix 5
of State Water Resources Control Board Order No. 2009-0009-DWQ.
(b) (1) (A) A public entity, charter city, or charter county shall
not delegate to a contractor the development of a plan on a public
works contract.
(B) Subparagraph (A) shall not apply to a contract for
architectural or engineering services relating to the development of
a plan on a public works contract.
(C) This section does not restrict a public entity, charter city,
or charter county from contracting with a duly licensed architect or
engineer for the design of a plan.
(2) A public entity, charter city, or charter county shall not
require a contractor on a public works contract that includes
compliance with a plan to assume responsibility for the completeness
and accuracy of the plan developed by that entity.
(c) Subdivision (b) shall apply regardless of the project delivery
method required in a public works contract.
(c) Subdivision (b) shall apply to all public works contracts
except contracts that use the following statutorily authorized
procurement methods:
(1) Design-build.
(2) Best value.
(3) Construction manager at-risk contracts where the construction
manager is authorized to retain a plan developer for the project
owners.
(d) Nothing in this section shall be construed to prohibit a local
public entity, charter city, or charter county from requiring a
bidder or contractor on a public works contract to review any
applicable plan and report any errors or omissions noted to the
public entity or its plan developer. The review by the contractor
shall be limited to the contractor's capacity as a contractor and not
as a licensed design professional or plan developer.
SEC. 2. The Legislature finds and declares that it is of statewide
concern to require a public entity, charter city, or charter county
to be responsible for the development of, and completeness and
accuracy of, a plan to prevent or reduce water pollution or runoff on
a public works project.
SEC. 3. The addition of Section 7107.5 to the Public Contract Code
made by this act does not constitute a change in, but is declaratory
of, existing law, including, but not limited to, Chapter 7
(commencing with Section 6700) of Division 3 of the Business and
Professions Code, Title 12 (commencing with Section 2772) of Part 4
of Division 3 of the Civil Code, and Section 1104 of the Public
Contract Code.
SEC. 4. The Legislature finds that there is no mandate contained
in this act 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 Section 6 of Article XIII B of the
California Constitution and Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.