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Legislative Update

2007 UPDATE
The bill introduction period for the 2007 session of the California State Legislature has concluded. The legislature has begun to consider proposals that have a direct impact on our industry and the way we do business. Bidding and force account limits are again under attack this session.

On behalf of CIFAC we are co-sponsoring two legislative proposals, the first SB 206 Cox, will clear up all confusion and conflict within the Public Contract Code to ensure small counties that that wish to join the California Uniform Public Cost Accounting Act may do so. We are also co-sponsoring legislation AB 1047 Houston, that will require the State Controller's office, on an annual basis, to inform all eligible state agencies of the existence and their ability to join the California Uniform Public Cost Accounting Act. This bill will promote the value of this program by raising public agencies awareness of the California Uniform Public Cost Accounting Act and the benefits of joining.

Enclosed is a complete summary of all the pertinent legislative measures affecting bidding requirements and force account limits. For additional information or if you have any questions please contact our office at (916) 444-3770 or by email at bernacchi@politicogroup.com.

 

AB 483

Salas

School facilities contracting.

 

I-02/20/2007

02/21/2007-From printer. May be heard in committee March 23.

 

Existing law requires the governing board of any school district to let contracts for the purchase of equipment, materials, or supplies to be furnished, leased, or sold to the district, services other than construction services, and certain repairs, involving an expenditure of more than $50,000, and to let contracts for public projects, as defined, involving an expenditure of $15,000 or more, to the lowest responsible bidder who gives security as the governing board requires. This bill would make various technical, nonsubstantive changes in this provision.

 

Subject: Public Works

Position: Active

 

AB 654

Maze

Contracting: counties.

 

A-03/26/2007

03/27/2007-Re-referred to Com. on L. GOV.

 

Existing law requires counties to comply with certain procedures in soliciting and evaluating bids and awarding contracts for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement. Under existing law, if the estimated cost of construction of specified types of projects exceeds $4,000, the work is required to be done by contract, except that in counties containing a population of 500,000 or over, the work need not be done by contract if the estimated cost is less than $6,500. This bill would change that $6,500 amount to $16,500, and require that increased amount to be adjusted for inflation, as provided. This bill contains other related provisions and other existing laws.

 

Subject: Public Works

Position: Oppose

 

AB 958

Evans

Counties: purchasing agents.

 

I-02/22/2007

03/19/2007-In committee: Set, first hearing. Hearing canceled at the request of author.

 

Existing law authorizes the board of supervisors of a county to employ a purchasing agent, as specified. In counties having a population of 200,000 or more, the board of supervisors may authorize the purchasing agent to engage independent contractors to perform services for the county, as specified, if the aggregate cost does not exceed $100,000. This bill would instead allow the board of supervisors to authorize the purchasing agent to engage independent contractors to perform services for the county, as specified, if the aggregate cost does not exceed $150,000.

 

Subject: Public Works

Position: Active

 

 

 

AB 1047

Houston

Uniform Public Construction Cost Accounting Act: notification.

 

I-02/22/2007

03/22/2007-Referred to Com. on B. & P.

 

Existing law allows a public agency to elect to be subject to the Uniform Public Construction Cost Accounting Act, which authorizes bidding procedures for public projects, as specified. This bill would require the Controller to send notices annually to public agencies detailing the existence of, and the benefits available, under the act.

 

Subject: General Industry

Position: Support

 

SB 161

Margett

Public works contracts: Internet submissions.

 

I-01/30/2007

03/27/2007-Do pass as amended, and re-refer to the Committee on Rules.

 

Existing public contract law authorizes public entities to adopt methods and procedures to receive bids on public works or other contracts over the Internet, as specified. This bill would authorize public entities to receive supporting materials submitted pursuant to a public works contract over the Internet, as specified. This bill would require public entities that receive bids and supporting materials over the Internet to provide an electronic receipt to the contractor, as specified.

 

Subject: Public Works

Position: Support

 

SB 206

Cox

Public contracts: counties.

 

A-03/12/2007

03/26/2007-Set for hearing April 18.

 

Under the Local Agency Public Construction Act, counties with a population of less than 500,000 must comply with specified procedures for contracting for public projects. Existing law allows a public agency, as defined includes counties, to elect to be subject to the Uniform Public Construction Cost Accounting Act, which authorizes alternative bidding procedures for public projects, as specified. This bill would declare that every county containing a population of less than 500,000 is authorized to participate in the Uniform Public Construction Cost Accounting Act. This bill contains other related provisions.

 

Subject: Public Works

Position: Support

 

SB 231

Runner

Resident contractors.

 

A-03/19/2007

03/27/2007-Set for hearing April 24.

 

Existing law establishes procedures for competitive bidding of certain contracts by public entities. Existing law requires cities, as specified, to utilize competitive bid procedures for expenditures for a public project that exceeds $5,000. This bill would increase from $5,000 to $50,000 the threshold amount at which cities are required to utilize competitive bidding procedures for contracts for a public project.

 

Subject: Public Works

Position: Oppose

 

SB 493

Cogdill

Counties: purchasing agents.

 

I-02/22/2007

03/05/2007-Set for hearing April 18.

 

Existing law authorizes the board of supervisors of a county to employ a purchasing agent, as specified. In counties having a population of 200,000 or more, the board of supervisors may authorize the purchasing agent to engage independent contractors to perform services for the county, as specified, if the aggregate cost does not exceed $100,000. This bill would instead authorize the board of supervisors to authorize the purchasing agent to engage independent contractors to perform services for the county, as specified, if the aggregate cost does not exceed $150,000.

 

Subject: Public Works

Position: Active

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