SB 268, as amended, Gaines. Health care districts: public contracts: design-build.
The Local Health Care District 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 descriptionbegin delete of propertyend delete withinbegin insert and without the limits ofend insert the district.
The Local Agency Public Construction Act establishes bidding procedures for the award of construction contracts by local agencies.begin delete Theend delete
begin insert Theend insert act authorizes counties, with the approval of the board of supervisors, to use a design-build procedure for building contracts in excess of $2,500,000.
This bill would authorize the Last Frontier Health Care District to use this design-build process when contracting for the construction of a building and improvements directly related to a hospital or health facility building at the Modoc Medical Center.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Last Frontier Health Care District.
begin insertCertain alternative provisions that would authorize that Last Frontier Health Care District to use a different design-build procedure, as specified, would become operative only if SB 785 is enacted and takes effect on or before January 1, 2015, in which case the other authority described above would no longer be operative.
end insertThis bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) The Legislature finds and declares both of
2the following:
3(1) Utilizing a design-build contract requires a clear
4understanding of the roles and responsibilities of each participant
5in the process.
6(2) Cost benefits for health care districts are achieved by shifting
7the liability and risk for cost containment and project completion
8to the design-build entity.
9(b) It is the intent of the Legislature that the design-build
process
10be used by health care districts solely for buildings associated with
11hospitals and health care and not for other infrastructure, including,
12but not limited to, streets, highways, public rail transit, roads,
13bridges, water resources facilities, and related infrastructure.
Section 32132.7 is added to the Health and Safety
15Code, to read:
(a) Notwithstanding Section 32132 or any other law,
17upon approval by the board of directors of the Last Frontier Health
18Care District, the design-build procedure described in Section
1920133 of the Public Contract Code may be used to assign contracts
20for the construction of a building or improvements directly related
21to construction of a hospital or health facility building at the Modoc
22Medical Center.
23(b) For purposes of this section, all references in Section 20133
24of the Public Contract Code to “county” and “board of supervisors”
P3 1shall mean the Last Frontier Health Care District and its board of
2directors.
3(c) A hospital building project utilizing the design-build process
4authorized by subdivision (a) shall be reviewed and inspected in
5accordance with the standards and requirements of the Alfred E.
6Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
7(commencing with Section 129675) of Part 7 of Division 107).
begin insertSection 32132.7 is added to the end insertbegin insertHealth and Safety
9Codeend insertbegin insert, to read:end insert
(a) Notwithstanding Section 32132 or any other law,
11upon approval by the board of directors of the Last Frontier Health
12Care District, the design-build procedure described in Chapter 4
13(commencing with Section 22160) of Part 3 of Division 2 of the
14Public Contract Code may be used to assign contracts for the
15construction of a building or improvements directly related to
16construction of a hospital or health facility building at the Modoc
17Medical Center.
18(b) For purposes of this section, all references in Chapter 4
19(commencing with Section 22160) of Part 3 of Division 2 of the
20Public Contract Code to “local agency” shall mean the Last
21Frontier Health Care District and its board of directors.
22(c) A hospital building project utilizing the design-build process
23authorized by subdivision (a) shall be reviewed and inspected in
24accordance with the standards and requirements of the Alfred E.
25Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
26(commencing with Section 129675) of Part 7 of Division 107).
The Legislature finds and declares that a special law
28is necessary and that a general law cannot be made applicable
29within the meaning of Section 16 of Article IV of the California
30Constitution because of the unique circumstances of the Last
31Frontier Health Care District.
Section 2.5 of this act shall become operative on the
33date that Senate Bill 785 takes effect if Senate Bill 785 is also
34enacted and takes effect on or before January 1, 2015, in which
35case Section 2 of this bill shall become inoperative on the date
36that Senate Bill 785 takes effect.
This act is an urgency statute necessary for the
39immediate preservation of the public peace, health, or safety within
P4 1the meaning of Article IV of the Constitution and shall go into
2immediate effect. The facts constituting the necessity are:
3In order to comply with health regulations and meet increasing
4demand for health care services, it is necessary that this act take
5effect immediately.
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