BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 729|
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THIRD READING
Bill No: AB 729
Author: Evans (D)
Amended: 6/30/09 in Senate
Vote: 21
SEN. TRANSPORTATION & HOUSING COMMITTEE : 11-0, 6/23/09
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman,
Hollingsworth, Kehoe, Oropeza, Pavley, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : 9-1, 7/13/09
AYES: Kehoe, Cox, Corbett, Denham, Leno, Price, Wolk,
Wyland, Yee
NOES: Walters
NO VOTE RECORDED: Hancock, Oropeza, Runner
ASSEMBLY FLOOR : 73-0, 5/14/09 - See last page for vote
SUBJECT : Transit design-build contracts
SOURCE : California Transit Association
DIGEST : This bill extends the authority of transit
agencies to enter into design-build contracts until January
1, 2015.
ANALYSIS :
Existing Law
1.Defines design-build" as a procurement process in which
CONTINUED
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both the design and construction of a project are
procured from a single entity.
2.Authorizes a transit operator to enter into design-build
procurement contracts for rail construction projects with
a value greater than $25 million.
3.Requires a transit operator to have a labor compliance
program, or establish a labor compliance program only for
design-build projects. These provisions do not apply to
projects if the operator or the design-build entity has
entered into a collective bargain agreement that binds
all contractors doing work on the design-build contract
or to any other project of the transit operator.
4.Prohibits the use of design-build authority by a transit
district to construct projects on state highways or local
streets and roads.
5.Sunsets the design-build authority on January 1, 2011.
6.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.
This bill extends the design-build authority for transit
operators until
January 1, 2015, and extends, until January 1, 2015, the
requirement that 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
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Major Provisions 2009-10 2010-11 2011-12
Fund
Transit design-buildpotential savings from expedited
project Various*
delivery, potential cost pressures
Local mandate no state
costs, local claim disclaimer
Local
*Transit project funding could be from any combination of
local, federal, and state funds (Public Transportation
Account special funds and Proposition 1B bond funds,
including Transit System Safety, Security, and Disaster
Response Account).
SUPPORT : (Verified 7/14/09)
California Transit Association (source)
Alameda-Contra Costa Transit District
American Council of Engineering Companies of California
American Federation of State, County and Municipal
Employees
Mendocino Transit Authority
Orange County Transportation Authority
Peninsula Corridor Joint Powers Board
Riverside County Transportation Commission
San Diego Association of Governments
San Francisco Bay Rapid Transit District
San Mateo County Transit District
Santa Clara Valley Transportation Authority
Self-Help County Coalition
Valley Industry and Commerce Association
Ventura County Transportation Commission
OPPOSITION : (Verified 7/14/09)
Associated Builders and Contractors of California
ARGUMENTS IN SUPPORT : According to the sponsor,
Proposition 1B, the Highway Safety, Traffic Reduction Air
Quality and Port Security Bond Act of 2006, and a
combination of local and federal revenue are expected to
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fund transit projects that will reach the final design and
construction phase between now and 2015 and will be able to
use the design-build provisions this bill extends.
ARGUMENTS IN OPPOSITION : The Associated Builders and
Contractors of California (BC)are opposed to this bill
because of labor provisions in existing law (that are not
the subject of this bill) related to transit design-build
authorization, which ABC believes creates an unfair
contracting environment.
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Beall, Bill Berryhill,
Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuller, Furutani, Galgiani, Gilmore, Hagman, Hall,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Silva, Skinner,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Ammiano, Fuentes, Gaines, Garrick,
Saldana, Smyth, Bass
JJA:cm 7/14/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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