BILL NUMBER: AB 405	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Caballero

                        FEBRUARY 23, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 405, as introduced, Caballero. Public contracts: health care
districts: design-build.
   Existing law provides for local health care districts which govern
certain health care facilities. Each health care district has
specific duties and powers respecting the creation, administration,
and maintenance of the districts, including to purchase, receive,
take, hold, lease, use, and enjoy property of every kind and
description of property within the district. Existing law establishes
bidding procedures for the award of construction contracts by local
agencies.
   Existing law permits the Sonoma Valley Health Care District, upon
the approval of its board of directors, to use a design-build
procedure when assigning contracts for the construction of a building
and improvements directly related to a hospital or health facility
building at the Sonoma Valley Hospital.
   This bill would allow a health care district, upon approval of its
board of directors, to use the design-build procedure to assign
contracts for the construction of a building or improvements directly
related to the construction of a hospital or health facility
building.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Utilizing a design-build contract requires a clear
understanding of the roles and responsibilities of each participant
in the process.
   (b) Cost benefits for health care districts are achieved by
shifting liability and risk for cost containment and project
completion to the design-build entity.
   (c) It is the intent of the Legislature that the design-build
process be used by health care districts solely for buildings
associated with hospitals and health care and not for other
infrastructure, including, but not limited to, street, highways,
public rail transit, roads, bridges, other water resources
facilities, and related infrastructure.
  SEC. 2.  Section 32132.5 of the Health and Safety Code is amended
to read:
   32132.5.  (a) Notwithstanding Section 32132 or any other provision
of law, upon approval by  the   its  board
of directors  of the Sonoma Valley Health Care District
 ,  a health care district may use  the
design-build procedure described in Section 20133 of the Public
Contract Code  may be used  to assign contracts for
the construction of a building or improvements directly related to
construction of a hospital or health facility building  at
the Sonoma Valley Hospital  .
   (b) For purposes of this section, all references in Section 20133
of the Public Contract Code to "county" and "board of supervisors"
shall mean the  Sonoma Valley Health Care District 
 health care district  and its board of directors.
   (c) A hospital building project utilizing the design-build process
authorized by subdivision (a) shall be reviewed and inspected in
accordance with the standards and requirements of the Alfred E.
Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
(commencing with Section 129675) of Part 7 of Division 107).