BILL NUMBER: SB 1005	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cox

                        FEBRUARY 10, 2010

   An act to amend Section 32132.5 of the Health and Safety Code,
relating to health care districts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1005, as introduced, Cox.  Public contracts: health care
districts: design-build.
   Existing law provides for local health care districts which govern
certain health care facilities. Each health care district has
specific duties and powers respecting the creation, administration,
and maintenance of the districts, including to purchase, receive,
take, hold, lease, use, and enjoy property of every kind and
description of property within the district. Existing law establishes
design-build bidding procedures for the award of construction
contracts that, if adopted by a county, require the submission of
information under penalty of perjury.
   Existing law permits the Sonoma Valley Health Care District, upon
the approval of its board of directors, to use a design-build
procedure when assigning contracts for the construction of a building
and improvements directly related to a hospital or health facility
building at the Sonoma Valley Hospital.
   This bill would allow a health care district, upon approval of its
board of directors, to use the design-build procedure to assign
contracts for the construction of a hospital or health facility
building.
   This bill would require specified information to be verified under
oath, thus imposing a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Utilizing a design-build contract requires a clear
understanding of the roles and responsibilities of each participant
in the process.
   (b) Cost benefits for health care districts are achieved by
shifting liability and risk for cost containment and project
completion to the design-build entity.
   (c) It is the intent of the Legislature that the design-build
process be used by health care districts solely for buildings
associated with hospitals and health care and not for other
infrastructure, including, but not limited to, street, highways,
public rail transit, roads, bridges, other water resources
facilities, and related infrastructure.
  SEC. 2.  Section 32132.5 of the Health and Safety Code is amended
to read:
   32132.5.  (a)  Notwithstanding Section 32132 or any other
provision of law, upon approval by  the board of directors of
the Sonoma Valley Health Care District, the   its board
of directors, a health care district may use the  design-build
procedure described in Section 20133 of the Public Contract Code
 may be used  to assign contracts for the
construction of a  building or improvements directly related
to construction of a hospital or health facility 
building at the Sonoma Valley Hospital   building 
.
   (b)  For purposes of this section, all references in Section 20133
of the Public Contract Code to "county" and "board of supervisors"
shall mean the  Sonoma Valley Health Care District 
 health care district  and its board of directors.
   (c)  A hospital building project utilizing the design-build
process authorized by subdivision (a) shall be reviewed and inspected
in accordance with the standards and requirements of the Alfred E.
Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
(commencing with Section 129675) of Part 7 of Division 107). 
   (d) Except as provided in this section, this section shall not be
construed to affect the application of any other law. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.