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.
Thisbegin delete billend deletebegin insert bill, except as specified,end insert 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 worksbegin delete contract, except as provided.end deletebegin insert contract.end insert 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 procurementbegin delete methods.end deletebegin insert methods if the contractor or construction manager at risk is required by the bid or procurement documents to retain a plan developer for the project owners.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
P3 15
of State Water Resources Control Board Order No.
22009-0009-DWQ.
3(b) (1) (A) A public entity, charter city, or charter county shall
4not delegate to a contractor the development of a plan on a public
5works contract.
6
(B) Subparagraph (A) shall not apply to any department or
7agency of this state.
P3 1 8(B)
end delete
9begin insert(C)end insert Subparagraph (A) shall not apply to a contract for
10architectural or engineering services relating to the development
11of a plan on a public works contract.
4 12(C)
end delete
13begin insert(D)end insert This section does not restrict a public entity, charter city,
14or charter county from contracting with a duly licensed architect
15or engineer for the design of a plan.
16(2) A public entity, charter city, or charter county shall not
17require a contractor on a public works contract that includes
18compliance with a plan to
assume responsibility for the
19completeness and accuracy of the plan developed by that entity.
20(c) Subdivision (b) shall apply to all public works contracts
21except contracts that use the following statutorily authorized
22procurementbegin delete methods:end deletebegin insert methods, if the contractor or construction
23manager at risk is required by the bid or procurement documents
24to retain a plan developer for the project owners:end insert
25(1) Design-build.
26(2) Best value.
27(3) Construction managerbegin delete at-risk contracts where the begin insert
atend insertbegin insert risk.end insert
28construction manager is authorized to retain a plan developer for
29the project owners.end delete
30(d) Nothing in this section shall be construed to prohibit a local
31public entity, charter city, or charter county from requiring a bidder
32or contractor on a public works contract to review any applicable
33plan and report any errors or omissions noted to the public entity
34or its plan developer. The review by the contractor shall be limited
35to the contractor’s capacity as a contractor and not as a licensed
36design professional or plan developer.
The Legislature finds and declares that it is of statewide
38concern to require a public entity, charter city, or charter county
39to be responsible for the development of, and completeness and
P4 1accuracy of, a plan to prevent or reduce water pollution or runoff
2on a public works project.
The addition of Section 7107.5 to the Public Contract
4Code made by this act does not constitute a change in, but is
5declaratory of, existing law, including, but not limited to, Chapter
67 (commencing with Section 6700) of Division 3 of the Business
7and Professions Code, Title 12 (commencing with Section 2772)
8of Part 4 of Division 3 of the Civil Code, and Section 1104 of the
9Public Contract Code.
The Legislature finds that there is no mandate
11contained in this act that will result in costs incurred by a local
12agency or school district for a new program or higher level of
13service which require reimbursement pursuant to Section 6 of
14Article XIII B of the California Constitution and Part 7
15(commencing with Section 17500) of Division 4 of Title 2 of the
16Government Code.
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