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, except as specified, 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. 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 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. 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
P3 1prevention plan practitioner as those terms are defined in Appendix
25
of State Water Resources Control Board Order No.
32009-0009-DWQ.
4(b) (1) (A) A public entity, charter city, or charter county shall
5not delegate to a contractor the development of a plan on a public
6works contract.
7(B) Subparagraph (A) shall not apply to anybegin insert of the following:end insert
8begin insert(i)end insertbegin insert end insertbegin insertAend insert department or agency of this state.
begin insert
9
(ii) A facility under the ownership, control, management,
10maintenance, or jurisdiction of a department or agency of this
11state.
12
(iii) A public works contract that implements a project, or a
13portion of a project, on any facility under the ownership, control,
14management, maintenance, or jurisdiction of any department or
15agency of this state.
16(C) Subparagraph (A) shall not apply to a contract for
17architectural or engineering services relating to the development
18of a plan on a public works contract.
19(D) This section does not restrict a public entity, charter city,
20or
charter county from contracting with abegin delete duly licensed architect begin insert
plan developer, the employer
21or engineer for the design of a plan.end delete
22of a plan developer, or an architect or engineer that subcontracts
23with a plan developer for the purpose of developing a planend insertbegin insert.end insert
24(2) A public entity, charter city, or charter county shall not
25require a contractor on a public works contract that includes
26compliance with a plan to assume responsibility for the
27completeness and accuracy of the plan developed by that entity.
28(c) Subdivision (b) shall apply to all public works contracts
29except contracts that use the following statutorily authorized
30procurement methods, if the contractor or construction manager
31at risk is required by the bid or procurement documents to
retain
32a plan developer for the project owners:
33(1) Design-build.
34(2) Best value.
35(3) Construction manager at risk.
36(d) Nothing in this section shall be construed to prohibit abegin delete localend delete
37 public entity, charter city, or charter county from requiring a bidder
38or contractor on a public works contract to review any applicable
39plan and report any errors or omissions noted to the public entity
40or its plan developer. The review by the contractor shall be limited
P4 1to the contractor’s capacity as a contractor and not as a licensed
2design professional or plan developer.
The Legislature finds and declares that it is of statewide
4concern to require a public entity, charter city, or charter county
5to be responsible for the development of, and completeness and
6accuracy of, a plan to prevent or reduce water pollution or runoff
7on a public works project.
The addition of Section 7107.5 to the Public Contract
9Code made by this act does not constitute a change in, but is
10declaratory of, existing law, including, but not limited to, Chapter
117 (commencing with Section 6700) of Division 3 of the Business
12and Professions Code, Title 12 (commencing with Section 2772)
13of Part 4 of Division 3 of the Civil Code, and Section 1104 of the
14Public Contract Code.
The Legislature finds that there is no mandate
16contained in this act that will result in costs incurred by a local
17agency or school district for a new program or higher level of
18service which require reimbursement pursuant to Section 6 of
19Article XIII B of the California Constitution and Part 7
20(commencing with Section 17500) of Division 4 of Title 2 of the
21Government Code.
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