BILL NUMBER: AB 2036	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 28, 2010
	AMENDED IN SENATE  JUNE 14, 2010
	AMENDED IN ASSEMBLY  APRIL 27, 2010

INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 17, 2010

   An act to add Section 10170 to the Public Contract Code, relating
to public contracts  , and declaring the urgency thereof, to take
effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2036, as amended, Bill Berryhill. Public contracts: contract
document distribution.
   Existing law imposes various requirements with respect to
contracting by public agencies.
   This bill would require an officer, department, board, or
commission, taking bids for the construction of a public work or
improvement, to distribute contract documents, as specified, to a
prospective bidder, subcontractor bidder, supplier, and contractor
plan room service, as prescribed. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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

  SECTION 1.  Section 10170 is added to the Public Contract Code, to
read:
   10170.  An officer, department, board, or commission taking bids
for the construction of a public work or improvement shall distribute
a paper or electronic copy of the project's contract documents,
including all drawings, plans, specifications, and estimated total
costs of the proposed public improvement, at no charge to a
prospective bidder, subcontractor bidder, supplier, and contractor
plan room service when requested by a contractor plan room service.
If a deposit is required as part of a paper contract documents
distribution policy by the officer, department, board, or commission,
the deposit shall not exceed two hundred fifty dollars ($250) per
set, which shall be refunded upon the return of the contract
documents within 14 business days after the award of the project. If
the contract documents are not returned in 30 business days and in
reusable condition, the deposit shall be forfeited. The government
entity shall reimburse a landscape architect, architect, or
professional engineer for the actual costs of preparation and
distribution of plans and specifications. 
  SEC. 2.    This act is an urgency statute necessary for
the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
   Due to the current policy of many public agencies charging
prospective bidders for a set of project plans, many contractors are
unable to afford to submit bids, which is having a dampening effect
on competition by increasing the cost of building certain public
works projects, and in order to address this matter in a timely
manner, it is necessary that this act take effect immediately.