Bill Text: CA SB474 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Transportation: pilot programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-24 - In Senate. To unfinished business. (Veto) [SB474 Detail]

Download: California-2009-SB474-Amended.html

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BILL NUMBER: SB 474	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN SENATE  AUGUST 24, 2009
	AMENDED IN SENATE  JULY 9, 2009
	AMENDED IN SENATE  JUNE 3, 2009
	AMENDED IN SENATE  MAY 21, 2009
	AMENDED IN SENATE  APRIL 27, 2009

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 26, 2009

   An act to add Section 14105.1 to the Government Code, relating to
transportation, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 474, as amended, Ducheny. Transportation: pilot programs.
   Existing law authorizes the Department of Transportation to do any
act necessary, convenient, or proper for the construction,
improvement, maintenance, or use of all highways which are under its
jurisdiction. Existing law provides for the California Transportation
Commission to program certain transportation funds for particular
projects, and to report to the Legislature on various transportation
policy matters. Existing law authorizes the department and certain
local agencies to enter into agreements for transportation projects
under pilot programs using public-private partnerships. Existing law
authorizes certain transportation projects under pilot programs using
design-build  and design-sequencing  contracting
methods.
   This bill would require the lead agency for a project, 
within 90 days after the award of a contract or   prior
to  entering into any agreement  for a pilot program
 involving an alternative contracting or financing method,
 as specified,  to  make a finding that the use of
that method will provide specified benefits. The bill would require
the California Transportation Commission to provide an annual
consolidated report to the Legislature on the progress of and savings
resulting from those pilot programs, as specified, based on input
from the department and regional agencies. The bill would require the
commission to develop the methodology for determining those savings
benefits   pass a resolution that identifies the
anticipated   benefits from using those methods in
comparison to using traditional contracting or financing methods
 .
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 14105.1 is added to the Government Code, to
read: 
   14105.1.  (a) (1) Within 90 days after the award of a contract or
entering into any agreement for a pilot program involving an
alternative contracting or financing method identified in subdivision
(c), the lead agency for the project shall make a finding that the
use of the alternative method will provide any of the following
benefits to the public when compared to a traditional contracting or
financing method:
   (A) Accelerates the project completion date.
   (B) Produces savings in personnel or financial resources.
   (C) Results in lower costs to the users of the facility developed
under the method.
   (D) Brings financial resources to the project that would not
otherwise be available.
   (2) If the lead agency on a project is not the owner of the
facility, the owner of the facility shall concur in the finding.
   (3) The purpose of requiring the finding is solely to assist the
public and the Legislature in evaluating the effectiveness of the
alternative methods described in subdivision (c), subsequent to award
of a contract involving an alternative method, in order to determine
the extent to which those alternative methods may or may not be
authorized for future pilot programs. An agency that makes a finding
as required and later determines that the use of the alternative
method was no more effective, or less effective, than a traditional
method for a project shall not be liable to any person for making the
decision to use the alternative method.
   (b) The commission, in cooperation with the department and
regional transportation agencies, shall develop the methodology for
determining whether a project will provide the benefits that are
identified in subdivision (a).
   (c) (1) The commission shall, on an annual basis, provide a
consolidated report to the Legislature on the progress of the
following pilot programs: 
    14105.1.    Prior to entering into an agreement
pursuant to the following alternative contracting or financing
methods, the lead agency for the project shall pass a resolution that
identifies the anticipated benefits from using those methods in
comparison to using traditional contracting or financing methods:
 
   (A) 
    (a)  Public-private partnerships authorized pursuant to
Section 143 of the Streets and Highways Code. 
   (B) 
    (b)  Design-build authorized pursuant to Chapter 6.5
(commencing with Section 6800) of Part 1 of Division 2 of the Public
Contract Code. 
   (C) Design-sequencing authorized pursuant to Article 6.5
(commencing with Section 217) of Chapter 1 of Division 1 of the
Streets and Highways Code.  
   (2) The consolidated report shall include information on any
savings in time or resources to the lead agency or to users of the
resulting facility due to the pilot programs specified in this
subdivision, as well as the information required by Sections 143 and
217.8 of the Streets and Highways Code and Section 6811 of the Public
Contract Code.  
   (3) The consolidated report may be incorporated into the
commission's annual report to the Legislature as required by Section
14535.  
   (d) (1) The department shall submit to the commission the reports
required by Section 217.8 of the Streets and Highways Code for the
purpose of preparation of the consolidated report.  

   (2) Upon request by the commission, any transportation agency
involved in one of the pilot programs specified in subdivision (c)
shall provide information deemed necessary by the commission for the
purpose of preparation of the consolidated report.  

   (e) It is the intent of the Legislature that agencies that seek to
utilize an alternative contracting or financing method justify the
use of that method by making a finding regarding the benefits that
the method is expected to yield for the public. It is further the
intent of the Legislature that agencies using such a method report on
the extent to which the method did in fact produce the expected
benefits. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to require  reporting for pilot programs, and
findings for   lead agencies to identify anticipated
benefits, prior to entering into an agreement for transportation
projects pursuant to specified  pilot programs involving
alternative contracting or financing,  by the California
Transportation Commission  at the earliest possible time, it
is necessary that this act take effect immediately.