BILL NUMBER: AB 405	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 27, 2009

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 amended, 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
 design-build  bidding procedures for the award of
construction contracts  that, if adopted  by  local
agencies   a county, require the submission of
information under penalty of perjury  .
   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. 
   By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.  
   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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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 its board of directors, a health care
district may use the design-build procedure described in Section
20133 of the Public Contract Code to assign contracts for the
construction of a building or improvements directly related to
construction of a hospital or health facility building.
   (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 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).
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.