BILL NUMBER: SB 474	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2009

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 26, 2009

   An act to add Section 14105.1 to the Government Code, relating to
transportation  , and declaring the urgency thereof, to take
effect immediately  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 474, as amended, Ducheny. Transportation:  reporting
requirements.   pilot programs. 
   Existing law authorizes the Department of Transportation to do any
act necessary, convenient, or proper for the construction,
improvement, maintenance or use of all highways which are under its
jurisdiction. Existing law authorizes the department to enter into
agreements for transportation projects under pilot programs using
public-private partnerships. Existing law authorizes certain
transportation projects under pilot programs using design-build and
design-sequencing. For certain transportation pilot programs,
existing law makes the department responsible for environmental
coordination.
   This bill would require the department to provide an annual
consolidated report to the Legislature on the progress of and savings
resulting from those pilot programs, as specified.  The bill
would require the department to present to the California 
Transportation Commission, for its review and comment, a draft of the
methodology for determining those savings. The bill would also
require the department, prior to awarding any contract or entering
into any agreement for a pilot program involving innovative
contracting or financing authority, to make a finding that the use of
that   authority will provide specified benefits. 

   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 14105.1 is added to the Government Code, to
read:
   14105.1.  (a) The department shall, on an annual basis, provide a
consolidated report to the Legislature on the progress of the
following pilot programs:
   (1) Public-private partnerships.
   (2) Design-build and design-sequencing.
   (3) Environmental coordination or streamlining under the
California Environmental Quality Act or the National Environmental
Policy Act.
   (4) Any other pilot programs involving innovative construction and
contracting techniques. 
   (b) Prior to awarding any contract or entering into any agreement
for a pilot program involving innovative contracting or financing
authority under the law, the department shall make a finding that the
use of that authority will provide an acceleration in the project
completion date, or savings in personnel or financial resources, or
bring financial resources to the project that would not otherwise be
available.  
   (b) The report 
    (c)     The consolidated report required by
this section  shall include information on any savings in time
or resources resulting from the pilot programs specified in
subdivision (a) and the methodology for determining those savings.
 A draft of the methodology shall be presented to the California
Transportation Commission for its review and comment.  
   (c) 
    (d)  Notwithstanding any other provision of law, the
consolidated report required by this section shall be the only report
required for the pilot programs described in subdivision (a).
   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 require reporting for pilot programs, and findings for
pilot programs involving innovative contracting or financing, by the
Department of Transportation at the earliest possible time, it is
necessary that this act take effect immediately.