BILL NUMBER: SB 474 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 3, 2009
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 provides for the California
Transportation Commission to program certain transportation funds for
particular projects, and to report to the Legislature on various
transportation policy matters. 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
contracting methods . For certain transportation pilot
programs, existing law makes the department responsible for
environmental coordination.
This bill would require the lead agency for a project, prior
to awarding any contract or entering into any agreement for a pilot
program involving an alternative contracting or financing method, to
make a finding that the use of that method will provide specified
benefits. The bill would require the department
California Transportation Commission to provide
an annual consolidated report to the Legislature on the progress of
and savings resulting from those pilot programs, as specified ,
based on input from the department and regional agencies . The
bill would require the department to present to the
California Transportation Commission, for its review and comment, a
draft of commission to develop the methodology
for determining those savings benefits . The bill
would also require the 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)
14105.1. (a) (1)
Prior to awarding any contract or entering into any agreement
for a pilot program involving innovative an
alternative contracting or financing authority under
the law method identified in subdivision (c) ,
the lead agency for the project shall make a finding that the use of
that authority the alternative method
will provide an acceleration in any of the
following benefits to the public when compared to a traditional
contracting or financing method:
(A) Accelerates the project
completion date, or date.
(B) Produces savings in personnel
or financial resources, or bring resources.
(C) Results in lower costs to the users of the facility developed
under the method.
(D) Brings financial resources to
the project that would not otherwise be available. If
(2) If a project is under joint
control of the department and a local agency, both agencies shall
concur in the finding before a contract may be awarded .
(b) The commission, in cooperation with the department and
regional transportation agencies, shall develop the methodology for
determining whether a project will provide the benefits that are
identified in subdivision (a).
(c) (1) The commission shall, on an annual basis, provide a
consolidated report to the Legislature on the progress of the
following pilot programs:
(A) Public-private partnerships authorized pursuant to Section 143
of the Streets and Highways Code.
(B) Design-build authorized pursuant to Chapter 6.5 (commencing
with Section 6800) of Part 1 of Division 2 of the Public Contract
Code.
(C) Design-sequencing authorized pursuant to Article 6.5
(commencing with Section 217) of Chapter 1 of Division 1 of the
Streets and Highways Code.
(c)
(2) The consolidated report required by this
section shall include information on any savings in time or
resources resulting from to the lead agency
or to users of the resulting facility due to 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). this subdivision, as
well as the information required by Sections 143 and 217.8 of the
Streets and Highways Code and Section 6811 of the Public Contract
Code.
(3) The consolidated report may be incorporated into the
commission's annual report to the Legislature as required by Section
14535.
(d) (1) The department shall submit to the commission the reports
required by Section 217.8 of the Streets and Highways Code for the
purpose of preparation of the consolidated report.
(2) Upon request by the commission, any transportation agency
involved in one of the pilot programs specified in subdivision (c)
shall provide information deemed necessary by the commission for the
purpose of preparation of the consolidated report.
(e) It is the intent of the Legislature that agencies that seek to
utilize an alternative contracting or financing method justify the
use of that method by making a finding regarding the benefits that
the method is expected to yield for the public. It is further the
intent of the Legislature that agencies using such a method report on
the extent to which the method did in fact produce the expected
benefits.
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
alternative contracting or financing, by the Department
of Transportation California Transportation
Commission at the earliest possible time, it is necessary that
this act take effect immediately.