BILL NUMBER: AB 2036 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE AUGUST 18, 2010
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 Sections 10111.2 and
20103.7 to the Public Contract Code, relating to
local agency public contracts, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2036, as amended, Bill Berryhill. Local agency
Public contracts: contract document
distribution.
Existing law, the State Contract Act and the Local
Agency Public Construction Act, sets forth the procedures pursuant to
which state and local agencies may solicit and evaluate
bids or proposals for, and award, contracts for the construction of
public works. The State Contract Act requires a department, as
defined, to comply with its provisions.
This bill would require a state department and a local agency
to provide an electronic copy of a project's contract documents to
contractor plan room service when requested and would also
require a local agency 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.
The bill would also require the local agency to reimburse a
design professional, as defined, for the actual costs of preparation
and distribution of the contract documents.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10111.2 is added to the
Public Contract Code , to read:
10111.2. A department shall, upon request from a contractor plan
room service, provide an electronic copy of a project's contract
documents at no charge to the contractor plan room.
SECTION 1.
SEC. 2. Section 20103.7 is added to the
Public Contract Code, to read:
20103.7. (a) A local agency subject to this chapter taking bids
for the construction of a public work or improvement shall distribute
a paper or an 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 local agency, 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 local agency shall reimburse a
design professional for the actual costs of preparation and
distribution of the contract documents.
(b) For the purposes of this section, "design professional"
includes all of the following:
(1) An individual licensed as an architect pursuant to Chapter 3
(commencing with Section 5500) of Division 3 of the Business and
Professions Code, or a business entity offering architectural
services in accordance with that chapter.
(2) An individual licensed as a landscape architect pursuant to
Chapter 3.5 (commencing with Section 5615) of Division 3 of the
Business and Professions Code, or a business entity offering
landscape architectural services in accordance with that chapter.
(3) An individual registered as a professional engineer pursuant
to Chapter 7 (commencing with Section 6700) of Division 3 of the
Business and Professions Code, or a business entity offering
professional engineering services in accordance with that chapter.
(4) An individual licensed as a professional land surveyor
pursuant to Chapter 15 (commencing with Section 8700) of Division 3
of the Business and Professions Code, or a business entity offering
professional land surveying services in accordance with that chapter.
SEC. 2.
SEC. 3. If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 3.
SEC. 4. 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 local agencies charging
prospective bidders for a copy of the contract documents, 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.