California 2015-2016 Regular Session Status: Enacted

SB 762 — Competitive bidding: best value: pilot program: design-build.

Last action — Chaptered by Secretary of State. Chapter 627, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 27, 2015. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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

The Local Agency Public Construction Act requires counties, among others, to comply with specified procedures for contracting for public works projects, including the use of a competitive bidding process and awarding contracts to the lowest responsible bidder. Existing law provides that specified provisions of the act applicable to public works contracts awarded by counties, as specified, do not apply to certain contracts by the County of Napa and the County of San Diego. This bill would establish a pilot program to allow the Counties of Alameda, Los Angeles, Riverside, San Bernardino, San Diego, Solano, and Yuba to select a bidder on the basis of best value, as defined, for construction projects in excess of $1,000,000. The bill would establish procedures and criteria for the selection of a best value contractor. The bill would require that bidders verify specified information under oath, thereby imposing a state-mandated local program by creating a new crime. The bill would require the board of supervisors of a participating county, before January 1, 2020, to submit a report to specified legislative committees. The bill would repeal the pilot program provisions on January 1, 2020. The bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Los Angeles, Riverside, San Bernardino, San Diego, Solano, and Yuba. Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines "best value" for those purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance. This bill would modify that definition to have the objective criteria evaluated, instead, relate to those specific criteria. 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 627, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 9:30 a.m.

  4. Assembly amendments concurred in. (Ayes 28. Noes 12. Page 2674.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 53. Noes 25. Page 2973.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Ordered to third reading.

  10. Read third time and amended.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 13. Noes 4.) (August 19).

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

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

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (July 15).

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  17. Referred to Com. on L. GOV.

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 24. Noes 12. Page 1019.) Ordered to the Assembly.

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

  21. From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and be amended.

  22. Set for hearing May 11.

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

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 726.) (April 22).

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  26. Set for hearing April 22.

  27. April 15 set for first hearing canceled at the request of author.

  28. Set for hearing April 15.

  29. Referred to Com. on GOV. & F.

  30. Read first time.

  31. From printer. May be acted upon on or after April 1.

  32. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Wolk · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

  • Wolk

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Unfinished Business SB762 Wolk Concurrence

Passed 28 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 261100
Democratic 2100
Total 281200
% of votes cast 70%30%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Hernandez — Yea
Huff — Yea
Leyva — Yea
Liu — Yea
Cannella — Yea
Galgiani — Yea
Glazer — Yea
Allen — Yea
Hertzberg — Yea
Mitchell — Yea
De León — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Pan — Yea
Pavley — Yea
Wolk — Yea
Runner — Nay
Fuller — Nay
Hall — Yea
Hancock — Yea
Hueso — Yea
Block — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 762 Wolk Senate Third Reading By RIDLEY-THOMAS

Passed 53 Yea · 25 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 482201
Republican 2300
Democratic 3001
Total 532502
% of votes cast 66%31%0%3%
How each member voted (80)
Member Party Vote
Alejo — Yea
Baker — Nay
Kim — Nay
Linder — Nay
Low — Yea
Maienschein — Nay
Melendez — Nay
Nazarian — Yea
Obernolte — Nay
Rodriguez — Yea
Thurmond — Yea
Wagner — Nay
Williams — Yea
Eggman — Yea
Jones-Sawyer — Yea
Salas — Yea
Campos — Yea
Cooper — Yea
Bonilla — Yea
Medina — Yea
O'Donnell — Yea
Perea — Yea
Rendon — Yea
Burke — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Gray — Yea
Lopez — Yea
Dodd — Yea
Holden — Yea
McCarty — Yea
Mullin — Yea
Ridley-Thomas — Yea
Weber — Yea
Bloom — Yea
Brown — Yea
Atkins — Yea
Chang — Nay
Chau — Yea
Chu — Yea
Harper — Nay
Levine — Yea
Mayes — Nay
Olsen — Nay
Quirk — Yea
Santiago — Yea
Ting — Yea
Waldron — Nay
Wilk — Nay
Wood — Yea
Achadjian — Nay
Bigelow — Nay
Brough — Nay
Chávez — Not Voting
Mathis — Nay
Steinorth — Nay
Frazier — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10300
Democratic 2000
Republican 1100
Total 13400
% of votes cast 76%24%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Rendon — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Gomez — Yea
Chang — Nay
Holden — Yea
Bigelow — Nay
Daly — Yea
Quirk — Yea
Wagner — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 24 Yea · 12 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221103
Democratic 2100
Total 241203
% of votes cast 62%31%0%8%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Hancock — Yea
Hueso — Yea
Leyva — Yea
Liu — Yea
Moorlach — Nay
Vidak — Nay
Wieckowski — Yea
Fuller — Nay
Galgiani — Yea
Hill — Yea
Allen — Yea
Pan — Yea
Mitchell — Yea
De León — Yea
Hernandez — Yea
Cannella — Yea
Hertzberg — Yea
Runner — Nay
Beall — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Monning — Yea
Nielsen — Nay
Roth — Yea
Wolk — Yea
Huff — Nay
Morrell — Nay
Pavley — Not Voting
Hall — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Subjects

labor transportation
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Frequently asked questions

What does SB 762 do?
The Local Agency Public Construction Act requires counties, among others, to comply with specified procedures for contracting for public works projects, including the use of a competitive bidding process and awarding contracts to the lowest responsible bidder. Existing law provides that specified provisions of the act applicable to public works contracts awarded by counties, as specified, do not apply to certain contracts by the County of Napa and the County of San Diego. This bill would establish a pilot program to allow the Counties of Alameda, Los Angeles, Riverside, San Bernardino, San Diego, Solano, and Yuba to select a bidder on the basis of best value, as defined, for construction projects in excess of $1,000,000. The bill would establish procedures and criteria for the selection of a best value contractor. The bill would require that bidders verify specified information under oath, thereby imposing a state-mandated local program by creating a new crime. The bill would require the board of supervisors of a participating county, before January 1, 2020, to submit a report to specified legislative committees. The bill would repeal the pilot program provisions on January 1, 2020. The bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Los Angeles, Riverside, San Bernardino, San Diego, Solano, and Yuba. Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines "best value" for those purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance. This bill would modify that definition to have the objective criteria evaluated, instead, relate to those specific criteria. 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 SB 762?
SB 762 is sponsored by Wolk.
What is the current status of SB 762?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track SB 762?
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