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Legislation

Legislative Updates

Update: September, 2022

 

 

AB 902 (O'Donnell D)   School facilities: alternative design-build contracts.

 

Introduced: 2/17/2021

 

Last Amend: 6/29/2022

 

Status: 8/12/2022-Failed Deadline pursuant to Rule 61(b)(15). (Last location was APPR. SUSPENSE FILE on 8/8/2022)

 

Location: 8/12/2022-S. DEAD

 

Summary: Would authorize, until January 1, 2029, a school district, with the approval of its governing board, to procure alternative design-build contracts for public works projects in excess of $5,000,000, awarding the contract to either the low bid or the best value, as provided. The bill would define “alternative design-build” as a project delivery process in which both the design and construction of a project are procured from a single design-build entity based on its proposed design cost, general conditions, overhead, and profit as a component of the project price. The bill would require specified information to be verified under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.

 

 

AB 1845 (Calderon D)   Metropolitan Water District of Southern California: alternative project delivery methods.

 

Introduced: 2/8/2022

 

Last Amend: 8/15/2022

 

Status: 8/31/2022-Enrolled and presented to the Governor at 4 p.m.

 

Location: 8/24/2022-A. ENROLLED

 

Summary: Would authorize the Metropolitan Water District of Southern California to use the design-build procurement process for certain regional recycled water projects or other water infrastructure projects. The bill would define “design-build” to mean a project delivery process in which both the design and construction of a project are procured from a single entity. The bill would require the district to use a specified design-build procedure to assign contracts for the design and construction of a project, as defined.

 

 

 

AB 1932 (Daly D)   Public contracts: construction manager at-risk construction contracts.

 

Introduced: 2/10/2022

 

Last Amend: 6/2/2022

 

Status: 8/30/2022-Enrolled and presented to the Governor at 4 p.m.

 

Location: 8/30/2022-A. ENROLLED

 

Summary: Current law authorizes, until January 1, 2023, a county, with approval of the board of supervisors, or a public entity, of which the members of the county board of supervisors make up the members of the governing body of that public entity, with the approval of its governing body, to utilize construction manager at-risk construction contracts for the erection, construction, alteration, repair, or improvement of any infrastructure, owned or leased by the county, subject to certain requirements, including that the method may only be used for projects that are in excess of $1,000,000. This bill would extend those provisions until January 1, 2029, and would also make a nonsubstantive change.

 

 

 

AB 2789  (Mullin D)   Design-build projects: local agencies.

 

Introduced: 2/18/2022

 

Last Amend: 4/18/2022

 

Status: 8/29/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 214, Statutes of 2022.

 

Location: 8/29/2022-A. CHAPTERED

 

Summary: Current law establishes procedures for the formation of regional park districts and regional open-space districts or authorities and prescribes the powers, functions, and duties of those districts or authorities, including competitive bidding requirements relating to the construction of facilities or other buildings.This bill would repeal the January 1, 2023, sunset date, thereby indefinitely extending the authority of the Midpeninsula Regional Open Space District and the Santa Clara Valley Open-Space Authority to use the design-build process. The bill would modify and expand the purposes for which the process is authorized to include construction, restoration, and improvement of buildings and facilities, the construction, restoration, and improvement of public access and recreation facilities, and prescribed nature-based infrastructure projects within the entity. The bill would similarly authorize the East Bay Regional Park District to use the design-build process.

 

 

 

SB 991 (Newman D)   Public contracts: progressive design-build: local agencies.

 

Introduced: 2/14/2022

 

Last Amend: 8/11/2022

 

Status: 9/2/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 243, Statutes of 2022.

 

Location: 9/2/2022-S. CHAPTERED

 

Summary: Current law authorizes the Director of General Services to use the progressive design-build procurement process for the construction of up to 3 capital outlay projects, as jointly determined by the Department of General Services and the Department of Finance, and prescribes that process. Current law defines “progressive design-build” as a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. Current law, pursuant to the process, after selection of a design-build entity, authorizes the Department of General Services to contract for design and preconstruction services sufficient to establish a guaranteed maximum price, as defined. Current law authorizes the department, upon agreement on a guaranteed maximum price, to amend the contract in its sole discretion, as specified. Current law requires specified information to be verified under penalty of perjury. This bill, until January 1, 2029, would authorize local agencies, defined as any city, county, city and county, or special district authorized by law to provide for the production, storage, supply, treatment, or distribution of any water from any source, to use the progressive design-build process for up to 15 public works projects in excess of $5,000,000 for each project, similar to the progressive design-build process authorized for use by the Director of General Services.

 

 

 

SB 1354 (Jones R)   Design-build contracting: cities, counties, and cities and counties: compliance with the federal Americans with Disabilities Act of 1990.

 

Introduced: 2/18/2022

 

Last Amend: 8/24/2022

 

Status: 9/9/2022-Enrolled and presented to the Governor at 3 p.m.

 

Location: 9/9/2022-S. ENROLLED

 

Summary: Current law, until January 1, 2025, authorizes local agencies, as defined, to use the design-build procurement process for specified public works with prescribed cost thresholds. Current law requires specified information submitted by a design-build entity in the design-build procurement process to be certified under penalty of perjury. This bill would authorize a city, county, or city and county to use the design-build contracting process to award contracts for constructing projects that are necessary in order to comply with construction-related accessibility standards, as specified.

 

Update: September, 2021

Prepared by: Platinum Advisors

DBIA Bill Report

AB 36

(Gallagher R)   Design-build contracting: Town of Paradise

Status:  8/26/2021-Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0.). In Assembly. Ordered to Engrossing and Enrolling.

Location: 8/26/2021-A. ENROLLMENT

Summary: Would authorize the Paradise Irrigation District to use the design-build contracting process to award a contract for a water conveyance pipeline from the Town of Paradise to the City of Chico. The bill would authorize the Town of Paradise to use the design-build contracting process to provide for the provision of sewer treatment to the Town of Paradise, including for infrastructure connecting the Town of Paradise to an existing treatment facility.

 

AB 137

(Committee on Budget)   State government

Status:  7/16/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 77, Statutes of 2021.

Location: 7/16/2021-A. CHAPTERED

Summary: This bill authorizes the Director of General Services to use the progressive design-build procurement process for the construction of up to 3 public works projects, as jointly determined by the Department of General Services (DGS) and the Department of Finance and would prescribe that process. For more details on the bill go to Section 13 in this link

 

AB 902

(O'Donnell D)   School facilities: design-build contracts.

Status: 5/7/2021-Failed Deadline pursuant to Rule 61(a)(3). (Last location was ED. on 2/25/2021)(May be acted upon Jan 2021).

Location: 5/7/2021-A. 2 YEAR.

Summary: Until January 1, 2025, existing law authorizes a school district, with the approval of the governing board of the school district, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract to either the low bid or the best value, as provided. For those projects using best value as a selection method, existing law requires competitive proposals to be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals, and requires the school district, as it deems appropriate, to weigh certain minimum factors, including price of the project. This bill would authorize a school district, as an alternative to price of the project, to instead weigh as a factor the proposing design-build entity’s design cost, general conditions, overhead, and profit as a component of the project price.

 

AB 1499

(Daly D)   Transportation: design-build: highways.

Status: 8/30/2021-Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).

Location: 8/30/2021-A. DESK.

Summary: Current law authorizes regional transportation agencies, as defined, to utilize design-build procurement for projects on or adjacent to the state highway system. Current law also authorizes those regional transportation agencies to utilize design-build procurement for projects on expressways that are not on the state highway system, as specified. Current law repeals these provisions on January 1, 2024, or one year from the date that the Department of Transportation posts on its internet website that the provisions described below related to construction inspection services for these projects have been held by a court to be invalid. This bill would delete the January 1, 2024, repeal date, thus extending the above provisions indefinitely.

 

AB 128

(Ting D)   Budget Act of 2021.

Status: 1/28/2021-Referred to Com. on BUDGET.

Location: 1/28/2021-A. BUDGET.

Summary: This bill would make appropriations for the support of state government for the 2021–22 fiscal year.

 

 

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