California 2013-2014 Regular Session Status: Enacted

AB 401 — Transportation: design-build: highways.

Last action — Chaptered by Secretary of State - Chapter 586, Statutes of 2013.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2013. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, until January 1, 2014, authorizes certain state and local transportation entities, if authorized by the California Transportation Commission, to use a design‑build process for contracts on transportation projects, as specified. Existing law establishes a procedure for submitting bids that includes a requirement that design-build entities provide a statement of qualifications submitted to the transportation entity that is verified under oath, subject to penalty of perjury. This bill would authorize the Department of Transportation to utilize design-build procurement for up to 10 projects on the state highway system, based on either best value or lowest responsible bid. The bill would authorize regional transportation agencies, as defined, to utilize design-build procurement for projects on or adjacent to the state highway system. The bill would also authorize those regional transportation agencies to utilize design-build procurement for projects on expressways that are not on the state highway system, as specified. The bill would repeal these provisions on January 1, 2024, or one year from the date that the Department of Transportation posts on its Internet Web site that the provisions related to the construction inspection services of these projects are invalid. The bill would provide that these design-build authorizations do not include construction inspection services for projects on or interfacing with the state highway system. The bill would require the Department of Transportation to perform construction inspection services for projects on or interfacing with the state highway system, as specified. The bill would require a transportation entity, as defined, awarding a contract for a public works project pursuant to these provisions, to reimburse the Department of Industrial Relations for costs of performing prevailing wage monitoring and enforcement of the public works project and would require moneys collected to be deposited into the State Public Works Enforcement Fund, a continuously appropriated fund. By depositing money in a continuously appropriated fund, the bill would make an appropriation. The bill would extend the use of design-build procurement to regional transportation agencies, as defined, and extend the period of time for which the Department of Transportation may use design-build procurement, subject to existing procedures. The bill would, by extension, impose the statement of qualifications requirement upon regional transportation agencies and the department, subject to penalty of perjury, thereby creating a new crime and 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 586, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 8. Page 3292.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 12. Noes 3.) (September 11).

  6. Joint Rule 62(a), file notice suspended. (Page 3197.)

  7. Assembly Rule 77 suspended. (Page 3195.)

  8. Re-referred to Com. on TRANS. pursuant to Assembly Rule 77.2.

  9. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 12 pursuant to Assembly Rule 77.

  10. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 2. Page 2309.).

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Read second time. Ordered to third reading.

  14. Read third time and amended. Ordered to second reading.

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 30).

  17. In committee: Placed on APPR. suspense file.

  18. Read second time and amended. Re-referred to Com. on APPR.

  19. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (August 20).

  20. Joint Rule JR 61(a)(10) suspended. (Ayes 27. Noes 11. Page 1819.)

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  22. In committee: Hearing postponed by committee.

  23. In committee: Set, first hearing. Hearing canceled at the request of author.

  24. Referred to Com. on T. & H.

  25. In Senate. Read first time. To Com. on RLS. for assignment.

  26. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 3. Page 1603.)

  27. Read second time. Ordered to third reading.

  28. Read second time and amended. Ordered to second reading.

  29. From committee: Do pass as amended. (Ayes 16. Noes 1.) (May 15).

  30. Re-referred to Com. on APPR.

  31. Read second time and amended.

  32. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 2.) (April 29).

  33. Re-referred to Com. on TRANS.

  34. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  35. Re-referred to Com. on TRANS. pursuant to Assembly Rule 96.

  36. Re-referred to Com. on A. & A.R.

  37. From committee chair, with author's amendments: Amend, and re-refer to Com. on A. & A.R. Read second time and amended.

  38. Referred to Coms. on A. & A.R. and TRANS.

  39. From printer. May be heard in committee March 21.

  40. Read first time. To print.

Sponsors

  • Correa · Cosponsor
  • Cooley · Cosponsor
  • Daly · Primary
  • Linder · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 4 voted No

Sponsors (1)

  • Daly

Co-sponsors (3)

  • Correa
  • Cooley
  • Linder

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 401 DALY Concurrence in Senate Amendments

Passed 66 Yea · 8 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 61703
Democratic 4000
Republican 1101
Total 66804
% of votes cast 85%10%0%5%
How each member voted (78)
Member Party Vote
Alejo — Yea
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Logue — Nay
Maienschein — Yea
Mansoor — Yea
Melendez — Yea
Quirk — Yea
Skinner — Yea
Wagner — Yea
Wieckowski — Not Voting
Gordon — Yea
Gorell — Yea
Allen — Yea
Lowenthal — Yea
Hagman — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Hall — Yea
Fong — Yea
Mitchell — Yea
Bonilla — Yea
Daly — Yea
Harkey — Yea
Holden — Yea
Medina — Yea
Nazarian — Yea
Weber — Yea
Bocanegra — Yea
John A. Pérez — Yea
Levine — Yea
Salas — Yea
Morrell — Yea
Campos — Yea
Mullin — Yea
Nestande — Yea
Chau — Yea
Olsen — Nay
Pan — Yea
Bigelow — Not Voting
Chesbro — Yea
Chávez — Yea
Conway — Nay
Cooley — Yea
Donnelly — Nay
Eggman — Yea
Perea — Yea
Rendon — Yea
Ting — Yea
Waldron — Nay
Wilk — Not Voting
Williams — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

amendments be concurred in.

Passed 12 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10301
Democratic 2000
Total 12301
% of votes cast 75%19%0%6%
How each member voted (16)
Member Party Vote
Achadjian — Yea
Ammiano — Not Voting
Bloom — Yea
Buchanan — Yea
Logue — Nay
Gatto — Yea
Lowenthal — Yea
Holden — Yea
Linder — Yea
Daly — Yea
Morrell — Nay
Nazarian — Yea
Frazier — Yea
Jim Patterson — Nay
Bonta, Mia Democratic Yea
Quirk-Silva, Sharon Democratic Yea

Official roll call →

3rd Reading AB401 Daly By DeSaulnier

Passed 32 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 29205
Democratic 3000
Total 32205
% of votes cast 82%5%0%13%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Knight — Yea
Lara — Not Voting
Leno — Yea
Lieu — Yea
Steinberg — Yea
Vidak — Yea
Cannella — Yea
Huff — Yea
Liu — Yea
Evans — Yea
Fuller — Yea
Hancock — Yea
Hueso — Yea
Nielsen — Yea
Wright — Yea
Monning — Yea
Corbett — Yea
Pavley — Yea
Roth — Yea
Wolk — Yea
Torres — Not Voting
Walters — Not Voting
Yee — Not Voting
De León — Not Voting
Emmerson — Yea
Correa — Yea
Wyland — Nay
DeSaulnier — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
De León — Yea
Lara — Yea
Steinberg — Yea
Walters — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 401 DALY Assembly Third Reading

Passed 68 Yea · 3 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 59305
Democratic 6001
Republican 3001
Total 68307
% of votes cast 87%4%0%9%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Logue — Nay
Maienschein — Yea
Mansoor — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Waldron — Not Voting
Wilk — Not Voting
Cooley — Yea
Gorell — Yea
Stone — Yea
Lowenthal — Yea
Daly — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Bonilla — Yea
Gomez — Yea
Hall — Yea
Harkey — Yea
Linder — Yea
Medina — Yea
Melendez — Yea
Olsen — Yea
Gatto — Yea
Jones-Sawyer — Yea
Mullin — Yea
Pan — Yea
Campos — Yea
Eggman — Yea
Holden — Not Voting
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Yea
Dickinson — Yea
Donnelly — Nay
Morrell — Yea
Nestande — Yea
Perea — Yea
Skinner — Not Voting
Ting — Yea
Wagner — Yea
Weber — Not Voting
Bocanegra — Yea
Wieckowski — Yea
John A. Pérez — Yea
Salas — Yea
Williams — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gordon — Yea
Hagman — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 16 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15100
Democratic 1000
Total 16100
% of votes cast 94%6%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Yea
Quirk — Yea
Wagner — Yea
Campos — Yea
Bocanegra — Yea
Harkey — Yea
Bigelow — Yea
Donnelly — Nay
Eggman — Yea
Pan — Yea
Rendon — Yea
Weber — Yea
Gatto — Yea
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 13 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 11101
Republican 0100
Total 13201
% of votes cast 81%13%0%6%
How each member voted (16)
Member Party Vote
Buchanan — Yea
Linder — Yea
Daly — Yea
Lowenthal — Yea
Holden — Yea
Logue — Not Voting
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Morrell — Nay
Nazarian — Yea
Frazier — Yea
Gatto — Yea
Bonta, Mia Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Patterson, Joe Republican Nay

Official roll call →

Subjects

labor transportation
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Frequently asked questions

What does AB 401 do?
Existing law, until January 1, 2014, authorizes certain state and local transportation entities, if authorized by the California Transportation Commission, to use a design‑build process for contracts on transportation projects, as specified. Existing law establishes a procedure for submitting bids that includes a requirement that design-build entities provide a statement of qualifications submitted to the transportation entity that is verified under oath, subject to penalty of perjury. This bill would authorize the Department of Transportation to utilize design-build procurement for up to 10 projects on the state highway system, based on either best value or lowest responsible bid. The bill would authorize regional transportation agencies, as defined, to utilize design-build procurement for projects on or adjacent to the state highway system. The bill would also authorize those regional transportation agencies to utilize design-build procurement for projects on expressways that are not on the state highway system, as specified. The bill would repeal these provisions on January 1, 2024, or one year from the date that the Department of Transportation posts on its Internet Web site that the provisions related to the construction inspection services of these projects are invalid. The bill would provide that these design-build authorizations do not include construction inspection services for projects on or interfacing with the state highway system. The bill would require the Department of Transportation to perform construction inspection services for projects on or interfacing with the state highway system, as specified. The bill would require a transportation entity, as defined, awarding a contract for a public works project pursuant to these provisions, to reimburse the Department of Industrial Relations for costs of performing prevailing wage monitoring and enforcement of the public works project and would require moneys collected to be deposited into the State Public Works Enforcement Fund, a continuously appropriated fund. By depositing money in a continuously appropriated fund, the bill would make an appropriation. The bill would extend the use of design-build procurement to regional transportation agencies, as defined, and extend the period of time for which the Department of Transportation may use design-build procurement, subject to existing procedures. The bill would, by extension, impose the statement of qualifications requirement upon regional transportation agencies and the department, subject to penalty of perjury, thereby creating a new crime and 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.
Who sponsors AB 401?
AB 401 is sponsored by Correa, Cooley, Daly, and Linder.
What is the current status of AB 401?
This bill has been enacted into law. Introduced February 15, 2013. Enacted.
Where can I track AB 401?
Track AB 401 free on One Click Politics — get push/email alerts when it moves.

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