BILL NUMBER: SB 694	CHAPTERED
	BILL TEXT

	CHAPTER  310
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  MAY 18, 2010
	AMENDED IN SENATE  JANUARY 12, 2010
	AMENDED IN SENATE  DECEMBER 15, 2009
	AMENDED IN SENATE  MAY 4, 2009
	AMENDED IN SENATE  APRIL 13, 2009
	AMENDED IN SENATE  MARCH 31, 2009

INTRODUCED BY   Senator Correa

                        FEBRUARY 27, 2009

   An act to amend Section 22043 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 694, Correa. Public contracts: public works: competitive
bidding: procedures.
   Existing law allows a public agency to elect to be subject to the
Uniform Public Construction Cost Accounting Act, which authorizes
bidding procedures for public projects, as specified. The act
establishes the California Uniform Construction Cost Accounting
Commission, which is charged with specified duties, including
recommending for adoption by the Controller uniform construction cost
accounting procedures for implementation by public agencies in the
performance of, or in contracting for, construction on public
projects. Under the act, each commission member serves without
compensation, but is required to be reimbursed for travel and other
expenses incurred, and the commission is authorized to accept grants
from federal, state, or local public agencies, or private foundations
or individuals, to assist it in carrying out its duties.
   Existing law requires the commission to review the accounting
procedures of any participating public agency upon evidence of an
interested party that the work undertaken by the public agency (1) is
to be performed by the public agency after rejection of all bids,
claiming work can be done less expensively by the public agency; (2)
has exceeded the force account limits; or (3) has been improperly
classified as maintenance. In any of those circumstances, a request
for commission review may be made within 5 business days and the
commission is required to commence review immediately and conclude
within 30 days from the receipt of the request.
   This bill would extend the time to 8 business days to request a
commission review, to 45 days for a commission review of a public
agency project that is to be performed after rejection of all bids,
and to 90 days for a commission review of work for which evidence was
provided that the work has exceeded the force account limits or has
been improperly classified as maintenance.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 22043 of the Public Contract Code is amended to
read:
   22043.  (a) In those circumstances set forth in subdivision (a) of
Section 22042, a request for commission review shall be in writing,
sent by certified or registered mail received by the commission
postmarked not later than eight business days from the date the
public agency has rejected all bids.
   (b) In those circumstances set forth in subdivision (b) or (c) of
Section 22042, a request for commission review shall be by letter
received by the commission not later than eight days from the date an
interested party formally complains to the public agency.
   (c) The commission review shall commence immediately and conclude
within the following number of days from the receipt of the request
for commission review:
   (1) Forty-five days for a review that falls within subdivision (a)
of Section 22042.
   (2) Ninety days for a review that falls within subdivision (b) or
(c) of Section 22042.
   (d) During the review of a project that falls within subdivision
(a) of Section 22042, the agency shall not proceed on the project
until a final decision is received by the commission.