BILL NUMBER: AB 732	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        FEBRUARY 26, 2009

   An act to amend Sections 217, 217.7, 217.8, and 217.9 of the
Streets and Highways Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 732, as introduced, Jeffries. Transportation projects:
design-sequencing contracts.
   Existing law authorizes the Department of Transportation, until
January 1, 2010, to conduct phase 2 of a pilot project through the
utilization of design-sequencing contracts, as defined, for the
design and construction of not more than 12 transportation projects,
which are selected by the Director of Transportation taking into
consideration specified geographical considerations.
   This bill would extend the operative date of those provisions
until January 1, 2012, thereby extending the authority of the
department to conduct phase 2 of the pilot project.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 217 of the Streets and Highways Code is amended
to read:
   217.  The following definitions apply for the purposes of this
article:
   (a) "Design" is a plan completed to a level of 30 percent.
   (b) "Design-sequencing" is a method of contracting that enables
the sequencing of design activities to permit each construction phase
to commence when design for that phase is complete, instead of
requiring design for the entire project to be completed before
commencing construction.
   (c) A "design-sequencing contract" is a contract between the
department and a contractor that requires the department to prepare a
design and permits construction of a project to commence upon
completion of design for a construction phase.
   (d) This section shall remain in effect only until January 1,
 2010   2012  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2010   2012  , deletes or
extends that date.
  SEC. 2.  Section 217.7 of the Streets and Highways Code is amended
to read:
   217.7.  (a) Notwithstanding Chapter 1 (commencing with Section
10100) of Part 2 of Division 2 of the Public Contract Code, except
Section 10128 of that code, and Chapter 10 (commencing with Section
4525) of Division 5 of Title 1 of the Government Code, the department
may conduct a phase two pilot program to let design-sequencing
contracts for the design and construction of not more than 12
transportation projects, to be selected based on criteria established
by the director. For the purpose of this article, these projects
shall be deemed public works.
   (b) In selecting projects for the pilot program authorized under
subdivision (a), the director shall attempt to balance geographical
areas among test projects as well as pursue diversity in the types of
projects undertaken. In this process, the director shall consider
selecting projects that improve interregional and intercounty routes.

   (c) To the extent available, the department shall seek to
incorporate existing knowledge and experience on design-sequencing
contracts in carrying out its responsibilities under subdivision (a).

   (d) This section shall remain in effect only until January 1,
 2010   2012  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2010   2012  , deletes or
extends that date.
  SEC. 3.  Section 217.8 of the Streets and Highways Code is amended
to read:
   217.8.  (a) Not later than July 1, 2006, and July 1 of each
subsequent year during which a contract under the phase two pilot
program, as described in Section 217.7, is in effect, the department
shall prepare a status report on its contracting methods, procedures,
costs, and delivery schedules. Upon completion of all
design-sequencing contracts, but in no event later than January 1,
2010, the department shall establish a peer review committee or
continue in existence the peer review committee created pursuant to
former Section 217.4, which was added by Chapter 378 of the Statutes
of 1999, and direct that committee to prepare a report for submittal
to the Legislature that describes and evaluates the outcome of the
contracts provided for in Section 217.7, stating the positive and
negative aspects of using design-sequencing as a contracting method.
   (b) This section shall remain in effect only until January 1,
 2010   2012  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2010   2012  , deletes or
extends that date.
  SEC. 4.  Section 217.9 of the Streets and Highways Code is amended
to read:
   217.9.  Design-sequencing contracts under the phase two pilot
program, as described in Section 217.7, shall be awarded in
accordance with all of the following:
   (a) The department shall advertise design-sequencing projects by
special public notice to contractors.
   (b) Contractors shall be required to provide prequalification
information establishing appropriate licensure and successful past
experience with the proposed work.
   (c) This section shall remain in effect only until January 1,
 2010   2012  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2010   2012  , deletes or
extends that date.