BILL NUMBER: AB 729	CHAPTERED
	BILL TEXT

	CHAPTER  466
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 31, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2009
	AMENDED IN SENATE  JUNE 30, 2009
	AMENDED IN ASSEMBLY  APRIL 22, 2009

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 26, 2009

   An act to amend Sections 20209.12 and 20209.14 of the Public
Contract Code, relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 729, Evans. Public contracts: transit design-build contracts.
   Existing law authorizes transit operators to enter into a
design-build contract, as defined, according to specified procedures.
Existing law requires a transit operator that uses the design-build
process to report to the Legislative Analyst on each public works
project procured through the design-build process within 120 days of
the design-build project being put into operation or by December 1,
2005, whichever occurs first. Existing law requires certain
information submitted under the design-build provisions to be
submitted under penalty of perjury. Existing law repeals provisions
regarding transit design-build contracts on January 1, 2011.
   This bill would instead repeal these provisions on January 1,
2015. The bill would require a transit operator that uses the
design-build process to report to the Legislative Analyst on each
public works project procured through the design-build process within
120 days of the design-build project being put into operation or by
December 1, 2015, whichever occurs first. Because the bill would
expand the crime of perjury, it 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.


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

  SECTION 1.  Section 20209.12 of the Public Contract Code is amended
to read:
   20209.12.  Each transit operator that elects to proceed under this
article and use the design-build method on a public works project
shall prepare and deliver to the Legislative Analyst's Office within
120 days of the design-build project being put into operation or by
December 1, 2015, whichever occurs first, a report containing a
description of each public works project financed with public funds,
procured through the design-build process, and completed on or before
November 1, 2015. However, if a project has been commenced, but not
completed on or before November 1, 2015, the transit operator shall
complete a report no later than 120 days after completion of the
project. The report shall include, but not be limited to, all of the
following information:
   (a) The type of facility.
   (b) The gross square footage of the facility.
   (c) The company or contractor who was awarded the project.
   (d) The estimated and actual length of time to complete the
project.
   (e) The findings established pursuant to Section 20133.
   (f) Any Labor Code violations discovered during the course of
construction or following completion of the project, as well as any
fines or penalties assessed.
   (g) The estimated and actual project cost.
   (h) A description of any written protests concerning any aspect of
the solicitation, bid, proposal, or award of the design-build
project, including the resolution of the protest.
   (i) An assessment of the prequalification process and criteria.
   (j) An assessment of the impact of retaining 5 percent retention
on the project.
   (k) A description of the labor force compliance program and an
assessment of the project impact, where required.
   (  l  ) A description of the method used to award the
contract. If best value was the method, the factors used to evaluate
the bid shall be described, including the weighting of each factor
and an assessment of the effectiveness of the methodology.
   (m) An assessment of the project impact of "skilled labor force
availability."
   (n) An assessment of the design-build dollar limits on transit
projects. This shall include projects where the transit operator
wanted to use design-build and was precluded by the dollar
limitation. It shall also include projects where the best value
method of awarding contracts was not used, due to dollar limitations.

   (o) An assessment of the most appropriate uses for the
design-build approach.
   (p) Any transit operator that elects not to use the authority
granted may also submit a report to the entities named in accordance
with the schedule in this section. This report may include an
analysis of why the authority granted was not used by the operator.
  SEC. 2.  Section 20209.14 of the Public Contract Code is amended to
read:
   20209.14.  This article shall remain in effect only until January
1, 2015, and as of that date is repealed.
  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.