BILL NUMBER: SB 474	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 21, 2009
	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: 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  and certain
local agencies  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   lead agency for the project 
, 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: 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   lead
agency for the project  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.  If a project is under joint control of the department
and a local agency, both agencies shall   concur in the
finding. 
   (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.
   (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.