BILL ANALYSIS
AB 729
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CONCURRENCE IN SENATE AMENDMENTS
AB 729 (Evans)
As Amended June 30, 2009
Majority vote
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|ASSEMBLY: |73-0 |(May 14, 2009) |SENATE: |35-0 |(August 31, |
| | | | | |2009) |
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Original Committee Reference: TRANS .
SUMMARY : Extends, until January 1, 2015, the sunset date on
provisions authorizing the use of design-build contracting by
transit operators.
The Senate amendments extend, until December 1, 2015,
legislative reporting requirements for transit operators that
elect to use design-build authority.
EXISTING LAW :
1)Authorizes a transit operator to enter in design-build
contracts for both the design and construction of a project.
2)Defines "design-build" as a procurement process in which both
the design and construction of a project are procured from a
single entity.
3)Prescribes the process to be used by transit operators when
developing and procuring a design-build project.
4)Sunsets the design-build authority for transit operators on
January 1, 2011.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : Unknown
COMMENTS : Original legislation enabling the use of design-build
for transit operators, AB 958 (Scott), Chapter 541, Statutes of
2000, required transit operators to report to the Legislative
Analyst's Office (LAO) on their experience using this type of
procurement method. In February 2005, LAO prepared a
AB 729
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comprehensive report on design-build authorities granted to date
and found that it can be a useful option for some public
construction projects. LAO reported that government agencies
that used design-build generally expressed favorable opinions of
the process. Almost all reported that compared to the
traditional design-bid-build process, design-build took less
time to construction and resulted in fewer claims and less
litigation.
The California Transit Association (CTA) is sponsoring this
bill, arguing that design-build authority can help expedite
projects that are under time constraints and may otherwise lose
funding in programs such as the American Recovery and
Reinvestment Act or Proposition 1B.
The extension of the sunset date set forth in the bill is
intended to provide the Legislature more time and more projects
with which to evaluate the effectiveness of design-build as a
procurement method.
Previous legislation: In addition to AB 958, AB 372 (Nation),
Chapter 262, Statutes of 2006, which extended the original
authority January 1, 2011, and made other modifications to the
authority, including requiring a transit operator to establish a
labor compliance program only for a design-build contract and
only if the transit operator does not already have a labor
compliance program, as specified.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0001895