BILL NUMBER: AB 2098	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2010
	AMENDED IN ASSEMBLY  MARCH 23, 2010

INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 18, 2010

   An act to amend Section 6802 of the Public Contract Code, relating
to public contracts  , and declaring the urgency thereof, to
take effe   ct immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2098, as amended, Miller.  Public contracts: design-build
contracts.
   Existing law sets forth requirements for the solicitation and
evaluation of bids and the awarding of contracts by public entities
for the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement.
Existing law, until January 1, 2014, also authorizes local
transportation entities and the Department of Transportation, if
authorized by the California Transportation Commission, to use a
design-build process for contracting on certain transportation
projects. Under these design-build provisions, the commission may
authorize up to 5 local street or road, bridge, tunnel, or public
transit projects of a local transportation entity, and up to 10 state
highway, bridge, or tunnel projects of the Department of
Transportation.
   This bill would provide that a project of a local transportation
entity may be approved by the commission under these provisions for
the design-build method of procurement if the project is consistent
with the Policy Guidance for Project Authorizations under the
Design-Build Demonstration Program adopted by the commission as
Resolution G-09-09 on September 9, 2009. The bill would state that
this modification shall be applied retroactively beginning with the
date that Chapter 2 of the Statutes of 2009, 2nd Extraordinary
Session, became operative. 
   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 6802 of the Public Contract Code is amended to
read:
   6802.  (a) Subject to the limitations of this chapter, a local
transportation entity, if authorized by the commission, may utilize
the design-build method of procurement for up to five projects that
may be for local street or road, bridge, tunnel, or public transit
projects within the jurisdiction of the entity.
   (b) Subject to the limitations of this chapter, the department, if
authorized by the commission, may utilize the design-build method of
procurement for up to 10 state highway, bridge, or tunnel projects.
   (c) A project of a local transportation entity may be approved by
the commission pursuant to subdivision (a) for the design-build
method of procurement if the project is consistent with the Policy
Guidance for Project Authorizations under the Design-Build
Demonstration Program adopted by the commission as Resolution G-09-09
on September 9, 2009. This subdivision shall be applied
retroactively beginning with the date that Chapter 2 of the Statutes
of 2009, Second Extraordinary Session, became operative.
   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:
 
   In order to provide improved motorist safety, reduced traffic
congestion, and increased traffic mobility on the state's highways at
the earliest possible time, and the associated economic benefits, it
is necessary for this act to take effect immediately.