California 2021-2022 Regular Session Status: Enacted

SB 626 — Department of Water Resources: Procurement Methods.

Last action — Chaptered by Secretary of State. Chapter 247, Statutes of 2021.

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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 18, 2021. 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

Existing law authorizes the Department of Transportation, regional transportation agencies, and the San Diego Association of Governments to engage in a Construction Manager/General Contractor project delivery method (CM/GC method) for specified public work projects. This bill would, until January 1, 2033, authorize the Department of Water Resources to utilize the CM/GC method, as specified, for no more than 7 projects for elements of State Water Facilities, as defined. The bill would require the Department of Water Resources, on all projects delivered by the department, to use department employees or consultants under contract with the department to perform all project design and engineering services related to design, and construction inspection services, required for the CM/GC method consistent with specified existing law. The bill would specify that the CM/GC method authorized by these provisions does not include the authority to perform construction inspection services for water resources projects, except as provided. This bill would prohibit the use of the CM/GC method of procurement for the design or construction of through-Delta conveyance facilities of the Sacramento-San Joaquin Delta. The bill would require specified information provided to the Department of Water Resources to be verified under oath, thus imposing a state-mandated local program by expanding the scope of an existing crime. The bill would require the Department of Water Resources to prepare and submit to the Legislature an interim report that describes each CM/GC project approved under these provisions no later than July 1, 2025, as provided, and would require the Department of Water Resources to submit a final report providing specified data by July 1, 2028. Existing law, until January 1, 2025, authorizes the Department of General Services, the Military Department, the Department of Corrections and Rehabilitation, and specified local agencies to use the design-build procurement process for specified public works. Existing law authorizes the Department of Water Resources to use the design-build procurement process only for those projects at the Salton Sea. This bill would revise and recast the provisions applicable to the Department of Water Resources and would remove the limitation on the Department of Water Resources' authority to use the design-build method to only those projects at the Salton Sea, and would instead allow the Department of Water Resources, until January 1, 2033, to utilize the design-build method for no more than 7 projects, as specified. The bill would require specified information provided to the Department of Water Resources to be certified under penalty of perjury, thus imposing a state-mandated local program by expanding the scope of an existing crime. Existing law requires agencies authorized to use the design-build method of project delivery to notify the State Public Works Board before advertising the design-build project, except that for projects at the Salton Sea, the Director of Water Resources is required to notify the California Water Commission. This bill would revise and recast the provisions applicable to the Department of Water Resources and would exclude construction projects undertaken by the Department of Water Resources pursuant to its authority under the federal Central Valley Project from the requirement that the Director of Water Resources provide notification to another entity. The bill would specify that the design-build method authorized by these provisions does not include the authority to perform construction inspection services for water resources projects, except as provided. The bill would require the Department of Water Resources to prepare and submit to the Legislature an interim report that describes each design-build project approved under these provisions no later than July 1, 2025, as provided, and would require the Department of Water Resources to submit a final report providing specified data by July 1, 2028. This bill would require the Department of Water Resources, through the calendar year 2033, to provide to the Legislature by August 1 of each year, and to post on the department's internet website, a detailed accounting of the public works project undertaken by the department, as prescribed. Among other things, the accounting would be required to specify the total number of state-employed staff, including engineers and related positions, utilized by the department to design, inspect, and manage the project, the total number of consultant personnel utilized to design, construct, and manage the project, and a list of department contracts issued for a project, as described. This bill would, until January 1, 2033, require the Department of Water Resources to perform construction inspection services, as specified, for all water resources projects authorized pursuant to specified provisions. The bill would require the department to use employees or consultants under contract with the department and would require the construction inspection duties and responsibilities of the department to include a direct reporting relationship between the inspectors and senior department engineers responsible for all inspectors and construction inspection services. The bill would require the department to retain the authority to stop the contractor's operation wholly or in part and take appropriate action when public safety is jeopardized on specified water resources-related projects. The bill would require the department to ensure that public safety and convenience is maintained, to regularly inspect the job site, and to document and issue written notice if any deficiency is observed. 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 247, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. Assembly amendments concurred in. (Ayes 34. Noes 4. Page 2281.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 68. Noes 3. Page 2567.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 10. Noes 2.) (July 14).

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on APPR.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on W.,P., & W.

  11. Referred to Com. on W.,P., & W.

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

  13. Read third time. Passed. (Ayes 36. Noes 2. Page 1392.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. Ordered to second reading.

  16. Read third time and amended.

  17. Read second time. Ordered to third reading.

  18. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  19. Set for hearing May 17.

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

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 939.) (April 27).

  22. Set for hearing April 27.

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

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  25. Set for hearing April 15.

  26. Referred to Com. on N.R. & W.

  27. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  28. (Ayes 32. Noes 4.)

  29. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  30. From printer. May be acted upon on or after March 21.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Dodd · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Dodd

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 SB626 Dodd Concurrence

Passed 34 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 20300
Democratic 12001
Republican 2101
Total 34402
% of votes cast 85%10%0%5%
How each member voted (40)
Member Party Vote
Gonzalez — Yea
Hertzberg — Yea
Atkins — Yea
Glazer — Yea
Roth — Yea
Wilk — Yea
Skinner — Yea
Dodd — Yea
Kamlager — Yea
Newman — Yea
Min — Yea
Leyva — Yea
Hueso — Yea
Borgeas — Yea
Pan — Yea
Portantino — Yea
Rubio — Yea
Wieckowski — Yea
Eggman — Yea
Bradford — Yea
Melendez — Nay
Nielsen — Nay
Bates — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 626 Dodd Senate Third Reading By Friedman

Passed 68 Yea · 3 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 25001
Unaffiliated 38204
Republican 5103
Total 68308
% of votes cast 86%4%0%10%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Cooper — Yea
Chau — Yea
Voepel — Nay
Bigelow — Nay
Mathis — Not Voting
Kiley — Not Voting
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 6102
Republican 0101
Total 10204
% of votes cast 63%13%0%25%
How each member voted (16)
Member Party Vote
Quirk — Yea
Chau — Yea
Bigelow — Nay
McCarty — Not Voting
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Democratic 3003
Republican 0001
Total 9006
% of votes cast 60%0%0%40%
How each member voted (15)
Member Party Vote
Friedman — Yea
Levine — Yea
Salas — Yea
Villapudua — Yea
Smith — Not Voting
Bigelow — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Bennett, Steve Democratic Not Voting
Kalra, Ash Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Not Voting
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Dahle, Megan Republican Not Voting

Official roll call →

3rd Reading

Passed 36 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 20102
Republican 3100
Total 36202
% of votes cast 90%5%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Kamlager — Yea
Atkins — Yea
Rubio — Yea
Wieckowski — Yea
Portantino — Yea
Wilk — Yea
Glazer — Yea
Gonzalez — Yea
Skinner — Yea
Newman — Yea
Bradford — Yea
Hueso — Yea
Eggman — Yea
Hertzberg — Yea
Min — Yea
Leyva — Yea
Pan — Yea
Bates — Nay
Melendez — Not Voting
Nielsen — Not Voting
Dodd — Yea
Borgeas — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 3000
Republican 2000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Hueso — Yea
Eggman — Yea
Hertzberg — Yea
Allen, Benjamin Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
Stern, Henry I. Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety environment transportation
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Frequently asked questions

What does SB 626 do?
Existing law authorizes the Department of Transportation, regional transportation agencies, and the San Diego Association of Governments to engage in a Construction Manager/General Contractor project delivery method (CM/GC method) for specified public work projects. This bill would, until January 1, 2033, authorize the Department of Water Resources to utilize the CM/GC method, as specified, for no more than 7 projects for elements of State Water Facilities, as defined. The bill would require the Department of Water Resources, on all projects delivered by the department, to use department employees or consultants under contract with the department to perform all project design and engineering services related to design, and construction inspection services, required for the CM/GC method consistent with specified existing law. The bill would specify that the CM/GC method authorized by these provisions does not include the authority to perform construction inspection services for water resources projects, except as provided. This bill would prohibit the use of the CM/GC method of procurement for the design or construction of through-Delta conveyance facilities of the Sacramento-San Joaquin Delta. The bill would require specified information provided to the Department of Water Resources to be verified under oath, thus imposing a state-mandated local program by expanding the scope of an existing crime. The bill would require the Department of Water Resources to prepare and submit to the Legislature an interim report that describes each CM/GC project approved under these provisions no later than July 1, 2025, as provided, and would require the Department of Water Resources to submit a final report providing specified data by July 1, 2028. Existing law, until January 1, 2025, authorizes the Department of General Services, the Military Department, the Department of Corrections and Rehabilitation, and specified local agencies to use the design-build procurement process for specified public works. Existing law authorizes the Department of Water Resources to use the design-build procurement process only for those projects at the Salton Sea. This bill would revise and recast the provisions applicable to the Department of Water Resources and would remove the limitation on the Department of Water Resources' authority to use the design-build method to only those projects at the Salton Sea, and would instead allow the Department of Water Resources, until January 1, 2033, to utilize the design-build method for no more than 7 projects, as specified. The bill would require specified information provided to the Department of Water Resources to be certified under penalty of perjury, thus imposing a state-mandated local program by expanding the scope of an existing crime. Existing law requires agencies authorized to use the design-build method of project delivery to notify the State Public Works Board before advertising the design-build project, except that for projects at the Salton Sea, the Director of Water Resources is required to notify the California Water Commission. This bill would revise and recast the provisions applicable to the Department of Water Resources and would exclude construction projects undertaken by the Department of Water Resources pursuant to its authority under the federal Central Valley Project from the requirement that the Director of Water Resources provide notification to another entity. The bill would specify that the design-build method authorized by these provisions does not include the authority to perform construction inspection services for water resources projects, except as provided. The bill would require the Department of Water Resources to prepare and submit to the Legislature an interim report that describes each design-build project approved under these provisions no later than July 1, 2025, as provided, and would require the Department of Water Resources to submit a final report providing specified data by July 1, 2028. This bill would require the Department of Water Resources, through the calendar year 2033, to provide to the Legislature by August 1 of each year, and to post on the department's internet website, a detailed accounting of the public works project undertaken by the department, as prescribed. Among other things, the accounting would be required to specify the total number of state-employed staff, including engineers and related positions, utilized by the department to design, inspect, and manage the project, the total number of consultant personnel utilized to design, construct, and manage the project, and a list of department contracts issued for a project, as described. This bill would, until January 1, 2033, require the Department of Water Resources to perform construction inspection services, as specified, for all water resources projects authorized pursuant to specified provisions. The bill would require the department to use employees or consultants under contract with the department and would require the construction inspection duties and responsibilities of the department to include a direct reporting relationship between the inspectors and senior department engineers responsible for all inspectors and construction inspection services. The bill would require the department to retain the authority to stop the contractor's operation wholly or in part and take appropriate action when public safety is jeopardized on specified water resources-related projects. The bill would require the department to ensure that public safety and convenience is maintained, to regularly inspect the job site, and to document and issue written notice if any deficiency is observed. 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 626?
SB 626 is sponsored by Dodd.
What is the current status of SB 626?
This bill has been enacted into law. Introduced February 18, 2021. Enacted.
Where can I track SB 626?
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