AB 2789

Bill Subjects

Abstract

Existing 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. Existing law authorizes certain types of local agencies and other entities to use the design-build process when contracting for the construction of a building or improvements directly related to construction of certain facilities or buildings in those entities' jurisdictions, as specified. Existing law sets forth the procurement process for design-build projects, as specified, and requires specified information submitted by design-build entities to be certified under penalty of perjury. Existing law, until January 1, 2023, authorizes the Midpeninsula Regional Open Space District and the Santa Clara Valley Open-Space Authority to use the design-build process for the construction of facilities or other buildings in those entities, as specified. 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. Existing law, except as specified, authorizes a local agency, with approval of its governing body, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract either to the low bid or the best value. Existing law, until January 1, 2023, exempts the Midpeninsula Regional Open Space District and the Santa Clara Valley Open-Space Authority from the $1,000,000 minimum project threshold. This bill would repeal the January 1, 2023, sunset date, thereby indefinitely extending the exemption of the Midpeninsula Regional Open Space District and the Santa Clara Valley Open-Space Authority. The bill would also exempt the East Bay Regional Park District from the $1,000,000 minimum project threshold. Because this bill would expand the authority to use the design-build procurement process to an additional entity and would extend that authority indefinitely for other entities, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Midpeninsula Regional Open Space District, the East Bay Regional Park District, and the Santa Clara Valley Open-Space Authority. 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.