BILL NUMBER: SB 1005 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 10, 2010
INTRODUCED BY Senator Cox
FEBRUARY 10, 2010
An act to amend and repeal Section 32132.5 of the
Health and Safety Code, relating to health care districts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1005, as amended, 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
the Tahoe Forest Health Care District and a health care district
authorized by the Office of Statewide Health Planning and
Development , upon approval of its the
district's 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 repeal the above-described health care district
authorization on January 1, 2016.
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 no .
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 its board of directors, a health
care district may use the design-build procedure described in Section
20133 of the Public Contract Code to assign contracts for the
construction of a hospital or health facility 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 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.
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 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.
(b) For
Hospital. For purposes of this section
subdivision , all references in Section 20133
of the Public Contract Code to "county" and "board of supervisors"
shall mean the Sonoma Valley Health Care District and its board of
directors.
(b) Notwithstanding Section 32132 or any other provision of law,
upon approval by the board of directors of the Tahoe Forest Health
Care District, 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 Tahoe
Forest Hospital. For purposes of this subdivision, all references in
Section 20133 of the Public Contract Code to "county" and "board of
supervisors" shall mean the Tahoe Forest Health Care District and its
board of directors.
(c) Notwithstanding Section 32132 or any other provision of law,
the Office of Statewide Planning and Development may, upon
application by a health care district approved by the board of
directors of the health care district, authorize one health care
district to use the design-build procedure described in Section 20133
of the Public Contract Code to assign contracts for the construction
of a building or improvements directly related to construction of a
hospital or health facility building within the health care district,
upon application by a health care district approved by the board of
directors of the health care district. For purposes of this
subdivision, all references in Section 20133 of the Public Contract
Code to "county" and "board of supervisors" shall mean the health
care district authorized pursuant to this subdivision and its board
of directors.
(c)
(d) A hospital building project utilizing the
design-build process authorized by subdivision (a) , (b), or (c)
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).
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.