State Codes and Statutes

Statutes > California > Gov > 14660-14684.1

GOVERNMENT CODE
SECTION 14660-14684.1



14660.  The director may acquire title to real property in the name
of the state whenever the acquisition of real property is authorized
or contemplated by law, if no other state agency is specifically
authorized and directed to acquire it. However, after January 1,
1980, if the property is to be constructed, purchased, or leased, or
any interest is acquired in the property, for a period of five years
firm term or more, and the property is located in a standard
metropolitan statistical area (SMSA) with a population of 250,000 or
more according to the most recent decennial census, which is served
by a public transit operator, as defined in Section 99210 of the
Public Utilities Code, and is not located within a public transit
corridor, as defined in Section 50093.5 of the Health and Safety
Code, the property shall be subject to the determination required in
Section 15808.1.
   For purposes of this section, "construction" does not include
repair or furnishing.



14660.1.  (a) Notwithstanding subdivision (b) of Section 14669, the
Director of General Services, on behalf of the state, may enter into
an agreement to convert an existing lease or leases for real property
located in the City of Sacramento into a lease-purchase agreement
for the purpose of acquiring office and parking facilities, and any
other improvements, betterments, and facilities related thereto to
provide office space for any state agency. The total purchase price,
excluding financing costs, shall not exceed the market value as
determined by the Department of General Services. The state may incur
costs of financing, including, but not limited to, interest during
acquisition of these facilities, interest payable on any interim loan
from the Pooled Money Investment Account pursuant to Section 16312
or 16313, a reasonably required reserve fund, and the costs of
issuance of interim financing or permanent financing, planning funds,
and funds for environmental documents that may be necessary for
acquisition of these facilities.
   (b) The Director of General Services may proceed with acquisition
pursuant to subdivision (a) if the total cost through ownership based
on an analysis of savings to the state over a period commensurate
with the useful life of the building, including the factoring in of
the cost of the building, is determined to be of significant savings
to the state.
   (c) Revenue bonds, negotiable notes, and negotiable bond
anticipation notes may be issued by the State Public Works Board
pursuant to the State Building Construction Act of 1955 (Part 10b
(commencing with Section 15800)), to finance the acquisition of an
office building and parking facilities, and any other improvements,
betterments, and facilities related thereto, as specified in
subdivision (a).
   (d) The amount of the revenue bonds, negotiable notes, or
negotiable bond anticipation notes to be sold shall equal the cost of
acquisition and related costs, including financing, of the complex
and facilities.
   (e) The amount of negotiable bond anticipation notes sold shall
not exceed the amount of revenue bonds and negotiable notes
authorized by this section. Any augmentation of the approved project
costs shall be subject to Section 13332.11. The board may borrow
funds for project costs from the Pooled Money Investment Account
pursuant to Section 16312 or 16313.
   (f) The Director of General Services may lease the complex and
facilities financed with the proceeds of the revenue bonds,
negotiable notes, or negotiable bond anticipation notes from the
board pursuant to this section for use by any state agency.
   (g) The Director of General Services shall not utilize this
section for more than one project as outlined in the report provided
for in subdivision (b). Any other agreements shall be entered into as
otherwise provided for in this article.


14660.5.  Whenever by statutory enactment or operation of law, a
state agency is abolished or ceases to function, the control and
possession of its assets, unless otherwise provided by law, shall
vest in the Department of General Services for such use or
disposition as the department may deem in the best interest of the
state. In the event such state agency was entirely or substantially
supported from a special fund, any moneys arising out of the use or
disposition of such assets shall be deposited in such special fund or
its successor fund. The unencumbered balance of the assets of a
special fund which has been abolished or repealed shall be disposed
of pursuant to Sections 16346 to 16350, inclusive.



14661.  (a) For the purposes of this section, the definitions in
subdivision (a) of Section 13332.19 shall apply.
   (b) Notwithstanding any provision of the Public Contract Code or
any other provision of law, when the Legislature authorizes the use
of the design-build construction procurement process for a specific
project, the Director of General Services may contract and procure
state office facilities and other buildings, structures, and related
facilities pursuant to this section.
   (c) Prior to contracting with a design-build entity for the
procurement of state office facilities and other state buildings and
structures, the director shall:
   (1) Prepare a program setting forth the performance criteria for
the design-build project. The performance criteria shall be prepared
by a design professional duly licensed and registered in the State of
California.
   (2) (A) Establish a competitive prequalification and selection
process for design-build entities, including any subcontractors
listed at the time of bid, that clearly specifies the
prequalification criteria, and states the manner in which the winning
design-build entity will be selected.
   (B) Prequalification shall be limited to consideration of all of
the following criteria:
   (i) Possession of all required licenses, registration, and
credentials in good standing that are required to design and
construct the project.
   (ii) Submission of evidence that establishes that the design-build
entity members have completed, or demonstrated the capability to
complete, projects of similar size, scope, or complexity, and that
proposed key personnel have sufficient experience and training to
competently manage and complete the design and construction of the
project.
   (iii) Submission of a proposed project management plan that
establishes that the design-build entity has the experience,
competence, and capacity needed to effectively complete the project.
   (iv) Submission of evidence that establishes that the design-build
entity has the capacity to obtain all required payment and
performance bonding, liability insurance, and errors and omissions
insurance, as well as a financial statement that assures the
department that the design-build entity has the capacity to complete
the project.
   (v) Provision of a declaration certifying that applying members of
the design-build entity have not had a surety company finish work on
any project within the last five years.
   (vi) Provision of information and a declaration providing detail
concerning all of the following:
   (I) Any construction or design claim or litigation totaling more
than five hundred thousand dollars ($500,000) or 5 percent of the
annual value of work performed, whichever is less, settled against
any member of the design-build entity over the last five years.
   (II) Serious violations of the Occupational Safety and Health Act,
as provided in Part 1 (commencing with Section 6300) of Division 5
of the Labor Code, settled against any member of the design-build
entity.
   (III) Violations of federal or state law, including, but not
limited to, those laws governing the payment of wages, benefits, or
personal income tax withholding, or of Federal Insurance
Contributions Act (FICA) withholding requirements, state disability
insurance withholding, or unemployment insurance payment
requirements, settled against any member of the design-build entity
over the last five years. For the purposes of this subclause, only
violations by a design-build member as an employer shall be deemed
applicable, unless it is shown that the design-build entity member,
in his or her capacity as an employer, had knowledge of his or her
subcontractor's violations or failed to comply with the conditions
set forth in subdivision (b) of Section 1775 of the Labor Code.
   (IV) Information required by Section 10162 of the Public Contract
Code.
   (V) Violations of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code), excluding alleged violations or complaints.
   (VI) Any conviction of any member of the design-build entity of
submitting a false or fraudulent claim to a public agency over the
last five years.
   (vii) Provision of a declaration that the design-build entity will
comply with all other provisions of law applicable to the project,
including, but not limited to, the requirements of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor
Code.
   (C) The director, when requested by the design-build entity, shall
hold in confidence any information required by clauses (i) to (vi),
inclusive.
   (D) Any declaration required under subparagraph (B) shall state
that reasonable diligence has been used in its preparation and that
it is true and complete to the best of the signer's knowledge. A
person who certifies as true any material matter that he or she knows
to be false is guilty of a misdemeanor and shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both the fine and imprisonment.
   (3) (A) Determine, as he or she deems in the best interests of the
state, which of the following methods listed in subparagraph (B)
will be used as the process for the winning design-build entity. The
director shall provide a notification to the State Public Works
Board, regarding the method selected for determining the winning
design-build entity, at least 30 days prior to publicizing the
design-build solicitation package.
   (B) The director shall make his or her determination by choosing
one of the following methods:
   (i) A design-build competition based upon performance, price, and
other criteria set forth by the department in the design-build
solicitation package. The department shall establish technical
criteria and methodology, including price, to evaluate proposals and
shall describe the criteria and methodology in the design-build
solicitation package. Award shall be made to the design-build entity
whose proposal is judged as providing the best value in meeting the
interest of the department and meeting the objectives of the project.
A project with an approved budget of ten million dollars
($10,000,000) or more may be awarded pursuant to this clause.
   (ii) A design-build competition based upon performance and other
criteria set forth by the department in the design-build solicitation
package. Criteria used in this evaluation of proposals may include,
but need not be limited to, items such as proposed design approach,
life-cycle costs, project features, and functions. However, any
criteria and methods used to evaluate proposals shall be limited to
those contained in the design-build solicitation package. Award shall
be made to the design-build entity whose proposal is judged as
providing the best value, for the lowest price, meeting the interests
of the department and meeting the objectives of the project. A
project with an approved budget of ten million dollars ($10,000,000)
or more may be awarded pursuant to this clause.
   (iii) A design-build competition based upon program requirements
and a detailed scope of work, including any performance criteria and
concept drawings set forth by the department in the design-build
solicitation package. Award shall be made on the basis of the lowest
responsible bid. A project with an approved budget of two hundred
fifty thousand dollars ($250,000) or more may be awarded pursuant to
this clause.
   (4) For the purposes of this subdivision, the following
definitions shall apply:
   (A) "Best interest of the state" means a design-build process that
is projected by the director to reduce the project delivery schedule
and total cost of a project while maintaining a high level of
quality workmanship and materials, when compared to the traditional
design-bid-build process.
   (B) "Best value" means a value determined by objective criteria
that may include, but is not limited to, price, features, functions,
life cycle costs, experience, and other criteria deemed appropriate
by the department.
   (d) The Legislature recognizes that the design-build entity is
charged with performing both design and construction. Because a
design-build contract may be awarded prior to the completion of the
design, it is often impracticable for the design-build entity to list
all subcontractors at the time of the award. As a result, the
subcontractor listing requirements contained in Chapter 4 (commencing
with Section 4100) of Part 1 of Division 2 of the Public Contract
Code can create a conflict with the implementation of the
design-build process by requiring all subcontractors to be listed at
a time when a sufficient set of plans may not be available. It is the
intent of the Legislature to establish a clear process for the
selection and award of subcontracts entered into pursuant to this
section in a manner that retains protection for subcontractors while
enabling design-build projects to be administered in an efficient
fashion. Therefore, all of the following requirements shall apply to
subcontractors, licensed pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code,
that are employed on design-build projects undertaken pursuant to
this section:
   (1) The department, in each design-build solicitation package, may
identify types of subcontractors, by subcontractor license
classification, that will be listed by the design-build entity at the
time of the bid. In selecting the subcontractors that will be listed
by the design-build entity, the department shall limit the
identification to only those license classifications deemed essential
for proper completion of the project. In no event, however, may the
department specify more than five licensed subcontractor
classifications. In addition, at its discretion, the design-build
entity may list an additional two subcontractors, identified by
subcontractor license classification, that will perform design or
construction work, or both, on the project. In no event shall the
design-build entity list at the time of bid a total amount of
subcontractors that will perform design or construction work, or
both, in a total of more than seven subcontractor license
classifications on a project. All subcontractors that are listed at
the time of bid shall be afforded all of the protection contained in
Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of
the Public Contract Code. All subcontracts that were not listed by
the design-build entity at the time of bid shall be awarded in
accordance with paragraph (2).
   (2) All subcontracts that were not to be performed by the
design-build entity in accordance with paragraph (1) shall be
competitively bid and awarded by the design-build entity, in
accordance with the design-build process set forth by the department
in the design-build solicitation package. The design-build entity
shall do all of the following:
   (A) Provide public notice of the availability of work to be
subcontracted in accordance with Section 10140 of the Public Contract
Code.
   (B) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with Section 10141 of the Public
Contract Code.
   (C) As authorized by the department, establish reasonable
prequalification criteria and standards, limited in scope to those
detailed in paragraph (2) of subdivision (c).
   (D) Provide that the subcontracted work shall be awarded to the
lowest responsible bidder.
   (e) This section shall not be construed and is not intended to
extend or limit the authority specified in Section 19130.
   (f) Any design-build entity that is selected to design and
construct a project pursuant to this section shall possess or obtain
sufficient bonding consistent with applicable provisions of the
Public Contract Code. Nothing in this section shall prohibit a
general or engineering contractor from being designated the lead
entity on a design-build entity for the purposes of purchasing
necessary bonding to cover the activities of the design-build entity.
   (g) Any payment or performance bond written for the purposes of
this section shall use a bond form developed by the department. In
developing the bond form, the department shall consult with the
surety industry to achieve a bond form that is consistent with surety
industry standards, while protecting the interests of the state.




14661.1.  (a) For purposes of this section, the definitions in
subdivision (a) of Section 13332.19 shall apply. For purposes of
subdivision (a) of Section 13332.19, references to the Department of
General Services shall be deemed to be references to the Department
of General Services or the Department of Corrections and
Rehabilitation, as applicable.
   (b) Notwithstanding any provision of the Public Contract Code or
any other provision of law, when the Legislature appropriates funds
for a specific project, or for any project using funds appropriated
pursuant to Chapter 3.2.1 (commencing with Section 15819.40) or 3.2.2
(commencing with Section 15819.41) of Part 10b of this division, the
Director of General Services or the Secretary of the Department of
Corrections and Rehabilitation, as appropriate, may contract and
procure state office facilities and prison facilities pursuant to
this section.
   (c) Prior to contracting with a design-build entity for the
procurement of a state office facility or prison facility under this
section, the Director of General Services or the Secretary of the
Department of Corrections and Rehabilitation shall:
   (1) Prepare a program setting forth the performance criteria for
the design-build project. The performance criteria shall be prepared
by a design professional duly licensed and registered in the State of
California.
   (2) (A) Establish a competitive prequalification and selection
process for design-build entities, including any subcontractors
listed at the time of bid, that clearly specifies the
prequalification criteria, and states the manner in which the winning
design-build entity will be selected.
   (B) Prequalification shall be limited to consideration of all of
the following criteria:
   (i) Possession of all required licenses, registration, and
credentials in good standing that are required to design and
construct the project.
   (ii) Submission of evidence that establishes that the design-build
entity members have completed, or demonstrated the capability to
complete, projects of similar size, scope, or complexity, and that
proposed key personnel have sufficient experience and training to
competently manage and complete the design and construction of the
project.
   (iii) Submission of a proposed project management plan that
establishes that the design-build entity has the experience,
competence, and capacity needed to effectively complete the project.
   (iv) Submission of evidence that establishes that the design-build
entity has the capacity to obtain all required payment and
performance bonding, liability insurance, and errors and omissions
insurance, as well as a financial statement that assures the
Department of General Services or the Department of Corrections and
Rehabilitation that the design-build entity has the capacity to
complete the project.
   (v) Provision of a declaration certifying that applying members of
the design-build entity have not had a surety company finish work on
any project within the last five years.
   (vi) Provision of information and a declaration providing detail
concerning all of the following:
   (I) Any construction or design claim or litigation totaling more
than five hundred thousand dollars ($500,000) or 5 percent of the
annual value of work performed, whichever is less, settled against
any member of the design-build entity over the last five years.
   (II) Serious violations of the California Occupational Safety and
Health Act of 1973, as provided in Part 1 (commencing with Section
6300) of Division 5 of the Labor Code, settled against any member of
the design-build entity.
   (III) Violations of federal or state law, including, but not
limited to, those laws governing the payment of wages, benefits, or
personal income tax withholding, of Federal Insurance Contributions
Act (FICA) withholding requirements, state disability insurance
withholding, or unemployment insurance payment requirements, settled
against any member of the design-build entity over the last five
years. For purposes of this subclause, only violations by a
design-build member as an employer shall be deemed applicable, unless
it is shown that the design-build entity member, in his or her
capacity as an employer, had knowledge of his or her subcontractor's
violations or failed to comply with the conditions set forth in
subdivision (b) of Section 1775 of the Labor Code.
   (IV) Information required by Section 10162 of the Public Contract
Code.
   (V) Violations of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code), excluding alleged violations or complaints.
   (VI) Any conviction of any member of the design-build entity of
submitting a false or fraudulent claim to a public agency over the
last five years.
   (vii) Provision of a declaration that the design-build entity will
comply with all other provisions of law applicable to the project,
including, but not limited to, the requirements of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor
Code.
   (C) The Director of General Services or the Secretary of the
Department of Corrections and Rehabilitation, when requested by the
design-build entity, shall hold in confidence any information
required by clauses (i) to (vi), inclusive, of subparagraph (B).
   (D) Any declaration required under subparagraph (B) shall state
that reasonable diligence has been used in its preparation and that
it is true and complete to the best of the signer's knowledge. A
person who certifies as true any material matter that he or she knows
to be false is guilty of a misdemeanor and shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both the fine and imprisonment.
   (3) (A) Determine, as he or she deems in the best interests of the
state, which of the following methods listed in subparagraph (B)
will be used as the process for the winning design-build entity. He
or she shall provide a notification to the State Public Works Board,
regarding the method selected for determining the winning
design-build entity, at least 30 days prior to publicizing the
design-build solicitation package.
   (B) The Director of General Services or the Secretary of the
Department of Corrections and Rehabilitation shall make his or her
determination by choosing one of the following methods:
   (i) A design-build competition based upon performance, price, and
other criteria set forth by the Department of General Services or the
Department of Corrections and Rehabilitation in the design-build
solicitation package. The Department of General Services or the
Department of Corrections and Rehabilitation shall establish
technical criteria and methodology, including price, to evaluate
proposals and shall describe the criteria and methodology in the
design-build solicitation package. Award shall be made to the
design-build entity whose proposal is judged as providing the best
value in meeting the interests of the Department of General Services
or the Department of Corrections and Rehabilitation and meeting the
objectives of the project. A project with an approved budget of ten
million dollars ($10,000,000) or more may be awarded pursuant to this
clause.
   (ii) A design-build competition based upon performance and other
criteria set forth by the Department of General Services or the
Department of Corrections and Rehabilitation in the design-build
solicitation package. Criteria used in this evaluation of proposals
may include, but need not be limited to, items such as proposed
design approach, life-cycle costs, project features, and functions.
However, any criteria and methods used to evaluate proposals shall be
limited to those contained in the design-build solicitation package.
Award shall be made to the design-build entity whose proposal is
judged as providing the best value, for the lowest price, meeting the
interests of the Department of General Services or the Department of
Corrections and Rehabilitation and meeting the objectives of the
project. A project with an approved budget of ten million dollars
($10,000,000) or more may be awarded pursuant to this clause.
   (iii) A design-build competition based upon program requirements
and a detailed scope of work, including any performance criteria and
concept drawings set forth by the Department of General Services or
the Department of Corrections and Rehabilitation in the design-build
solicitation package. Award shall be made on the basis of the lowest
responsible bid. A project with an approved budget of two hundred
fifty thousand dollars ($250,000) or more may be awarded pursuant to
this clause.
   (4) For purposes of this subdivision, the following definitions
shall apply:
   (A) "Best interest of the state" means a design-build process that
is projected by the Director of General Services or the Secretary of
the Department of Corrections and Rehabilitation to reduce the
project delivery schedule and total cost of a project while
maintaining a high level of quality workmanship and materials, when
compared to the traditional design-bid-build process.
   (B) "Best value" means a value determined by objective criteria
that may include, but are not limited to, price, features, functions,
life-cycle costs, experience, and other criteria deemed appropriate
by the Department of General Services or the Department of
Corrections and Rehabilitation.
   (d) The Legislature recognizes that the design-build entity is
charged with performing both design and construction. Because a
design-build contract may be awarded prior to the completion of the
design, it is often impracticable for the design-build entity to list
all subcontractors at the time of the award. As a result, the
subcontractor listing requirements contained in Chapter 4 (commencing
with Section 4100) of Part 1 of Division 2 of the Public Contract
Code can create a conflict with the implementation of the
design-build process by requiring all subcontractors to be listed at
a time when a sufficient set of plans shall not be available. It is
the intent of the Legislature to establish a clear process for the
selection and award of subcontracts entered into pursuant to this
section in a manner that retains protection for subcontractors while
enabling design-build projects to be administered in an efficient
fashion. Therefore, all of the following requirements shall apply to
subcontractors, licensed pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code,
that are employed on design-build projects undertaken pursuant to
this section:
   (1) The Department of General Services and the Department of
Corrections and Rehabilitation, in each design-build solicitation
package, may identify types of subcontractors, by subcontractor
license classification, that will be listed by the design-build
entity at the time of the bid. In selecting the subcontractors that
will be listed by the design-build entity, the Department of General
Services and the Department of Corrections and Rehabilitation shall
limit the identification to only those license classifications deemed
essential for proper completion of the project. In no event,
however, may the Department of General Services or the Department of
Corrections and Rehabilitation specify more than five licensed
subcontractor classifications. In addition, at its discretion, the
design-build entity may list an additional two subcontractors,
identified by subcontractor license classification, that will perform
design or construction work, or both, on the project. In no event
shall the design-build entity list at the time of bid a total number
of subcontractors that will perform design or construction work, or
both, in a total of more than seven subcontractor license
classifications on a project. All subcontractors that are listed at
the time of bid shall be afforded all of the protection contained in
Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of
the Public Contract Code. All subcontracts that were not listed by
the design-build entity at the time of bid shall be awarded in
accordance with paragraph (2).
   (2) All subcontracts that were not to be performed by the
design-build entity in accordance with paragraph (1) shall be
competitively bid and awarded by the design-build entity, in
accordance with the design-build process set forth by the Department
of General Services or the Department of Corrections and
Rehabilitation in the design-build solicitation package. The
design-build entity shall do all of the following:
   (A) Provide public notice of the availability of work to be
subcontracted in accordance with Section 10140 of the Public Contract
Code.
   (B) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with Section 10141 of the Public
Contract Code.
   (C) As authorized by the Department of General Services or the
Department of Corrections and Rehabilitation, establish reasonable
prequalification criteria and standards, limited in scope to those
detailed in paragraph (2) of subdivision (c).
   (D) Provide that the subcontracted work shall be awarded to the
lowest responsible bidder.
   (e) This section shall not be construed and is not intended to
extend or limit the authority specified in Section 19130.
   (f) Any design-build entity that is selected to design and
construct a project pursuant to this section shall possess or obtain
sufficient bonding consistent with applicable provisions of the
Public Contract Code. Nothing in this section shall prohibit a
general or engineering contractor from being designated the lead
entity on a design-build entity for the purposes of purchasing
necessary bonding to cover the activities of the design-build entity.
   (g) Any payment or performance bond written for the purposes of
this section shall use a bond form developed by the Department of
General Services or the Department of Corrections and Rehabilitation.
In developing the bond form, the Department of General Services or
the Department of Correction and Rehabilitation shall consult with
the surety industry to achieve a bond form that is consistent with
surety industry standards, while protecting the interests of the
state.
   (h) The Department of General Services or the Department of
Corrections and Rehabilitation, as appropriate, shall each submit to
the Joint Legislative Budget Committee, before January 1, 2014, a
report containing a description of each public works project procured
by that department through the design-build process described in
this section that is completed after January 1, 2009, and before
December 1, 2013. The report shall include, but shall not be limited
to, all of the following information:
   (1) The type of project.
   (2) The gross square footage of the project.
   (3) The design-build entity that was awarded the project.
   (4) The estimated and actual project costs.
   (5) An assessment of the prequalification process and criteria.
   (6) An assessment of the effect of any retention on the project
made under the law.
   (7) A description of the method used to award the contract. If the
best value method was used, the report shall describe the factors
used to evaluate the bid, including the weighting of each factor and
an assessment of the effectiveness of the methodology.
   (i) The authority provided under this section shall be in addition
to the authority provided to the Department of General Services
pursuant to Section 4 of Chapter 252 of the Statutes of 1998, as
amended by Section 3 of Chapter 154 of the Statutes of 2007. The
authority under this section and Section 70391.7 shall apply to a
total of not more than five state office facilities, prison
facilities, or court facilities, which shall be determined pursuant
to this subdivision.
   (1) In order to enter into a contract utilizing the procurement
method authorized under this section, the Director of General
Services or the Secretary of the Department of Corrections and
Rehabilitation shall submit a request to the Department of Finance.
   (2) The Department of Finance shall make a determination whether
to approve or deny a request made pursuant to paragraph (1) if the
design-build project requested will not exceed the five facilities
maximum set forth in this section and Section 70391.7.
   (3) After receiving notification that the Department of Finance
has approved the request and that the Legislature has appropriated
funds for a specific project, the director or secretary may enter
into a design-build contract under this section.
   (j) Nothing in this section is intended to affect, expand, alter,
or limit any rights or remedies otherwise available under the law.



14662.  The Director of General Services may acquire any easements
or rights-of-way which he determines to be necessary for the proper
utilization of real property owned or being acquired by the state.
   This section does not apply to land, easements, or rights-of-way
to be acquired by the Department of Transportation.




14662.5.  In any agreement entered into whereby the state obtains a
grant of easement, lease, license, right-of-way, or right of entry
(including without limitation, a right-of-way, or right of entry on
or over property of any railroad), the state agency or its director
entering into the agreement on behalf of the state may agree to
indemnify and hold harmless the grantor, lessor, or licensor and may
agree to repair or pay for any damage proximately caused by reason of
the uses authorized by such easement, lease, license, right-of-way,
or right of entry agreement.



14663.  With the consent of the state agency concerned, the director
may establish boundaries between property of the state held in
proprietary capacity and property in private ownership, and execute
and accept in behalf and in the name of the state instruments
necessary to the establishment of any such boundary.



14664.  (a) The director may execute grants to real property
belonging to the state in the name and upon behalf of the state,
whenever the sale or exchange of real property is authorized or
contemplated by law, if no other state agency is specifically
authorized and directed to execute the grants. The director may also
execute deeds or any other instruments necessary to correct erroneous
descriptions on deeds by which the state acquired title.
   (b) (1) Notwithstanding any other provision of law, upon the
written request and consent of the state agency with control or
jurisdiction over the property concerned, the director may sell,
convey, or exchange properties that are not needed by any state
agency at fair market value following a 30-day notice to the Joint
Legislative Budget Committee and the applicable Members of the Senate
and Assembly who represent the district in which the properties are
located, under any of the following circumstances:
   (A) Property, not to exceed five acres, to a local governmental
agency for the purpose of local public works projects, including, but
not limited to, utility rights-of-way, drainage ditches, road
widening, including curbs, gutters, sidewalks, and small parking
lots.
   (B) Property with a fair market value of up to one million dollars
($1,000,000) received by the state through the office of the
Attorney General or another state agency as the result of a
foreclosure, seizure, or court action.
   (C) Property that is being encroached on , where the adjacent
landowner and the state agency with control or jurisdiction over the
property concerned, the director, and the Attorney General agree that
the best manner in which to resolve the matter is through a sale of
the property or for an exchange of property of equal value.
   (D) Property not needed by any state agency with a fair market
value of less than twenty-five thousand dollars ($25,000).
   (2) Any parcel described in subparagraph (B) or (D) shall be
declared surplus in the identical manner as state property declared
surplus pursuant to Section 11011.
   (3) All funds received by the state pursuant to this subdivision
shall be handled in the identical manner as funds received from state
property disposed of pursuant to Section 11011.



14665.  With the consent of the state agency concerned, the director
may execute grants to real property belonging to the state in the
name and upon behalf of the state to the United States of America in
exchange for lands of the latter or for such other considerations, as
the director deems are in the best interests of the state.
   Real property acquired by the state by exchange pursuant to this
section is subject to the laws governing real property of the class
to which it belongs.



14666.  With the approval of the state agency concerned, the
director may grant and convey in the name of the state, easements and
rights-of-way across real property belonging to the state not used
for highway rights-of-way, for such purposes and upon such
consideration and subject to such conditions, limitations,
restrictions, and reservations as he deems are in the interest of the
state. All revenue received in connection with the granting and
conveying of such easements and rights-of-way, including charges made
for administrative costs, shall be deposited in the General Fund for
appropriation as provided in Section 15863. Any expenditure in
connection with the granting and conveying of said easements and
rights-of-way or investigating proposed gifts of real property to the
state may be allocated from the appropriation made pursuant to
Section 15863.


14666.6.  (a) With the approval of the state agency concerned, the
director shall negotiate in the name of the state, access to
state-owned property, not used for highway purposes, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the director to be in the best
interest of the state. To the extent permitted under existing law,
the director shall determine the amount of consideration for, and
means of access, which means shall include, but not be limited to,
any of the following: lease, permit, or other form of providing a
monetary or service consideration for the access.
   (b) The Director of Transportation shall negotiate in the name of
the state, access to state-owned highway rights-of-way, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the Director of Transportation to be
in the best interest of the state. To the extent permitted under
existing law, the Director of Transportation shall determine the
amount of consideration for, and means of access, which means shall
include, but not be limited to, any of the following: lease, permit,
or other form of providing a monetary or service consideration for
the access.
   (c) This section applies to various telecommunications and
information technologies, including, but not limited to, voice data,
video, and fiber-optic technologies.
   (d) Any payments received under the provisions of this section for
a grant or conveyance through land or facilities controlled by the
Department of Transportation, including but not limited to
rights-of-way along the state highway system, shall be deposited in
the State Transportation Fund.



14666.8.  (a) The director shall, within 120 days of the operative
date of this section, compile and maintain an inventory of
state-owned real property that may be available for lease to
providers of wireless telecommunications services for location of
wireless telecommunications facilities. This inventory shall be the
state's sole inventory of state-owned real property available for
this purpose. The term "state-owned real property," as used in this
section, excludes property owned or managed by the Department of
Transportation and property subject to Section 7901 of the Public
Utilities Code.
   (b) The director shall provide, in a cost-effective manner, upon
payment of any applicable fee, a requesting party a copy of the
inventory.
   (c) On behalf of the state, the director may negotiate and enter
into an agreement to lease department-managed and state-owned real
property to any provider of wireless telecommunications services for
location of its facilities. A lease for this purpose shall do all of
the following:
   (1) Provide for fair market value to be paid by the provider of
wireless telecommunications service to the state to the extent
permitted under existing state law.
   (2) Designate a lease term that is acceptable to the director and
the state agency that has control over the property. The duration of
the initial lease term for any wireless facility may not exceed 10
years, and the lease may provide for a negotiated number of renewal
terms, not to exceed five years for each term.
   (3) Provide for the use of the wireless provider's facilities
located on the state-owned real property by any appropriate state
agency if technically, legally, aesthetically, and economically
feasible.
   (4) Facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services for colocation of
their facilities on state-owned real property.
   (d) Nothing in this section alters any existing rights of
telegraph or telephone corporations pursuant to Section 7901 of the
Public Utilities Code.
   (e) Notwithstanding any other provision of law, any revenue
collected from a lease entered into pursuant to this section to use
property that was acquired with money from a fund other than the
General Fund shall be deposited into the fund from which the money
was obtained. Money received and deposited into a fund pursuant to
this section shall be available upon appropriation by the
Legislature, notwithstanding any other provision of law.
   (f) Before making any state-owned real property that is part of
the State Water Resources Development System, as described in Section
12931 of the Water Code, available for leasing under this section,
the director shall consult with the Department of Water Resources as
to whether the proposed location of a wireless telecommunication
facility is technically, legally, environmentally, and economically
feasible for wireless telecommunication purposes.




14667.  With the approval of the state agency concerned, the
director may quitclaim in the name of the state, the right, title and
interest of the state in and to easements and rights-of-way owned by
the state, other than those acquired for highway purposes, which he
determines are no longer needed for state purposes.
   (a) Unless the conveyance of the easement or right-of-way is made
to the federal government, or an agency thereof, or to a county,
city, district, or other local governmental agency of this state, the
director shall comply with the provisions of this subdivision. Prior
to the disposition of any easement or right-of-way owned by the
state pursuant to this section, notice thereof shall be published
pursuant to Section 6061 of the Government Code in a newspaper
published in the county in which the easement or right-of-way is
situated, and if there is no newspaper published in such county,
notice shall be published in a newspaper published in an adjoining
county and shall be posted in at least three public places in the
county in which the easement or right-of-way is situated, including
one posting on the real property in which the easement or
right-of-way is located.
   (b) If the easement or right-of-way was acquired by the state for
a price approximating its market value at the time of acquisition,
the director, when he disposes of such easement or right-of-way shall
make a reasonable effort to obtain as the price for the sale thereof
an amount approximately equivalent to the current market value at
the time of such disposition.



14667.1.  Notwithstanding Section 14616, the director may exempt
from his or her approval, or from the approval of the department, any
state real estate acquisition or conveyance involving not more than
one hundred fifty thousand dollars ($150,000) for which approval is
required by statute whenever, in his or her judgment, the state
agency delegated that authority has the necessary real estate
expertise and experience to complete the transaction competently and
professionally while protecting the best interests of the state.
Written notice of exemptions shall be given to the Controller.



14667.5.  Notwithstanding any other provision of law, for
approximately one million five hundred thousand dollars ($1,500,000)
in road, street, and other improvements and for reasonable
administrative fees, upon the terms, conditions, reservations, and
exceptions that are in the best interests of the state in the opinion
of the Director of General Services, the state shall dedicate to the
City of Santa Clara the right-of-way for a road on the west campus
of Agnews State Hospital, County of Santa Clara. The path of this
road shall run from south to north through vacant land on the
easterly side of the west campus of Agnews State Hospital.




14668.  With the approval of the Governor, the director may by
executive order withdraw from sale any and all public lands belonging
to the state, and return any lands so withdrawn for the purpose of
sale or other disposition in accordance with law.




14669.  (a) The director may hire, lease, lease-purchase, or lease
with the option to purchase any real or personal property for the use
of any state agency, including the Department of General Services,
if he or she deems the hiring or leasing is in the best interests of
the state.
   (b) The director shall not enter into a lease-purchase agreement
that involves office space, unless specifically authorized to do so
by the Legislature. The director shall solicit written bids for any
lease-purchase that involves office space in a newspaper of general
circulation in the county in which the project is located. All bids
received shall be publicly opened and the lease awarded to the lowest
responsible bidder. If the director deems the acceptance of the
lowest responsible bid is not in the best interest of the state, he
or she may reject all bids.



14669.1.  Notwithstanding any other provision of law, the Director
of General Services may enter into a joint powers agreement with the
San Francisco Redevelopment Agency and a land lease and a
lease-purchase agreement with the joint powers agency created under
the joint powers agreement for the purpose of financing and acquiring
state office and parking facilities to be constructed at Golden Gate
and Van Ness Avenues in the City and County of San Francisco. The
Director of General Services shall notify the Chairperson of the
Joint Legislative Budget Committee or his or her designee of his or
her intention to enter into each of the proposed agreements at least
20 days prior to entering into the agreements.



14669.2.  Notwithstanding any other provision of law, the Director
of General Services may enter into a joint powers agreement with the
Oakland Redevelopment Agency and a land lease and a lease-purchase
agreement with the joint powers agency created under the joint powers
agreement, for the purpose of financing and acquiring state office
and parking facilities to be constructed in the downtown
redevelopment area of the City of Oakland, County of Alameda. The
Director of General Services shall notify the Chairperson of the
Joint Legislative Budget Committee or his or her designee of his or
her intention to enter into each of the proposed agreements at least
20 days prior to entering into the agreements.



14669.3.  Notwithstanding any other provision of law, the director
may enter into a lease-purchase agreement, or a lease with an option
to purchase with an initial option purchase price over two million
dollars ($2,000,000) only for the property located at 9645
Butterfield Way in the County of Sacramento, for the purpose of
refinancing state office and parking facilities, and such other
improvements, betterments, and facilities related thereto, for
initial occupancy by the Franchise Tax Board and its staff.
   Pursuant to Section 5702, the Treasurer is hereby authorized to
sell lease revenue bonds, certificates of participation, or any other
form of obligations as he or she shall determine in connection with
this refinancing. The director and the Treasurer, respectively, shall
notify the Chairperson of the Joint Legislative Budget Committee or
his or her designee of the intention to enter into the proposed
lease-purchase agreement or lease with option to purchase or to sell
the obligations authorized in this section, respectively, at least 20
days prior to entering into the agreement or selling these
obligations, respectively.



14669.35.  (a) The Director of General Services may purchase,
exchange, or otherwise acquire real property and construct
facilities, including any improvements, betterments, and related
facilities, in the County of Sacramento, along the Highway 50
corridor in close proximity or contiguous to the Phase I and II sites
of the Franchise Tax Board facilities, and may retrofit the existing
Phase I and II buildings and infrastructure, for the purpose of
acquiring and constructing approximately 1,000,000 square feet of
office and warehouse space for use by state agencies. The site shall
be within a reasonable distance of an existing or planned light rail
station.
   The acquisition of property shall be pursuant to the Property
Acquisition Law (Part 11 (commencing with Section 15850)). In no
event shall the Department of General Services pay more than fair
market value for the sites. The award of construction contracts shall
be to the lowest responsible bidder. The Department of General
Services shall determine which agencies will occupy these facilities
after consulting with senior administrative staff of the affected
agencies and based on which agencies can make the most cost-effective
use of the facilities consistent with the programmatic needs of the
agencies.
   (b) The Department of General Services may contract for the
design, construction, construction management, and other services
related to the design and construction of the office, warehouse,
infrastructure, and parking facilities authorized to be acquired
pursuant to subdivision (a). The Department of General Services shall
prepare preliminary plans before entering into a construction
contract for the project.
   (c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
of Title 2 to finance the acquisition of land and facilities for the
purposes of this section. The State Public Works Board and the
Department of General Services may borrow funds for project costs
from the Pooled Money Investment Account pursuant to Sections 16312
and 16313. In the event the bonds authorized by the project are not
sold, the Department of General Services shall commit a sufficient
amount of its support appropriation to repay any loans made for the
project from the Pooled Money Investment Account. It is the intent of
the Legislature that this commitment shall be included in future
Budget Acts until all outstanding loans from the Pooled Money
Investment Account are repaid either through the proceeds from the
sale of bonds or from an appropriation. In the event the bonds
authorized by the project are not sold, it is the intent of the
Legislature to appropriate sufficient funds from the General Fund to
the Department of General Services specifically to repay any loans
made for the project from the Pooled Money Investment Account.
   (2) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed
the cost of acquisition, including land, construction, preliminary
plans and working drawings, construction management and supervision,
other costs relating to the design and construction of the
facilities, and any additional sums necessary to pay interim and
permanent financing costs. The additional amount may include interest
and a reasonable required reserve fund.
   (3) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings, and construction
shall not exceed two hundred eleven million dollars ($211,000,000).
   (4) Notwithstanding Section 13332.11, the State Public Works Board
may authorize the augmentation of the amount authorized under this
paragraph by up to, but not exceeding, 10 percent of the amount
appropriated.
   (5) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space, including the present facilities, over
the same time period. The Department of General Services shall
perform this analysis, and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer.
   (d) The Director of General Services may execute and deliver a
contract with the State Public Works Board for the lease of the
facilities described in this section that are financed with the
proceeds of the board's bonds, notes, or bond anticipation notes
issued in accordance with this section.
   (e) The Director of General Services shall, not later than 45 days
prior to entering into any agreement to construct facilities, as
specified in subdivision (a), notify the Chairperson of the Joint
Legislative Budget Committee of the pending agreement, including the
information specified in paragraph (5) of subdivision (c). It is the
intent of the Legislature that the Joint Legislative Budget Committee
hold a hearing on the pending agreement.



14669.4.  Notwithstanding Section 14669, the director may enter into
a lease-purchase agreement, or a lease with an option to purchase,
with an initial option purchase price which may exceed two million
dollars ($2,000,000), to provide for a California Conservation Corps
facility and office space in the City of Fortuna in Humboldt County.




14669.5.  (a) Notwithstanding any other provisions of law, the
Director of General Services may enter into an additional amendment
to the existing joint powers agreement with the Community
Redevelopment Agency of the City of Los Angeles dated June 30, 1982,
in connection with the financing, planning, acquisition, equipping,
furnishing, and construction or renovation of an additional office
building or buildings and parking facilities in the City of Los
Angeles in near proximity to the Ronald Reagan State Building and in
connection therewith may enter into a lease-purchase agreement or
agreements, an agreement for the appointment of a bond trustee, and
an agreement or agreements for the Department of General Services to
act as agent for acquisition, planning, and construction or
renovation matters, each of which agreements shall be with the joint
powers authority created under the joint powers agreement. The
amendment to the existing joint powers agreement shall provide that
any authorization under the joint powers agreement for the joint
powers authority to acquire property by means of condemnation
proceedings shall not include the power to condemn the property on
which was located, as of January 1, 1991, that certain homeless women'
s housing and day care center commonly known as the Downtown Women's
Center, which property is legally described as set forth below. The
lease-purchase agreement or agreements may provide for space to be
used for private commercial purposes. The director shall notify the
chairperson of the Joint Legislative Budget Committee or his or her
designee, and the chairpersons of the committees in each house which
consider appropriations, of his or her intention to execute the
lease-purchase agreement or agreements at least 20 days prior to its
execution.
   The property referred to above is legally described as follows:
THAT PORTION OF THE PROPERTY OF C.E. THOM, IN THE CITY OF LOS
ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 72, PAGE 45 OF MISCELLANEOUS RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING IN THE NORTHWEST LINE OF LOS ANGELES STREET, 77 FEET WIDE,
AS ESTABLISHED BY THE CITY ENGINEER OF SAID CITY, DISTANT THEREON
SOUTH 38 DEGREES 41 FEET 30 INCHES WEST 219.30 FEET FROM THE
SOUTHWEST LINE OF THIRD STREET, 60 FEET WIDE, AS ESTABLISHED BY SAID
ENGINEER; THENCE NORTH 54 DEGREES 24 FEET WEST 124.05 FEET TO THE
SOUTHEAST LINE OF DOMITILA COHN PANORAMA PROPERTY AS PER MAP RECORDED
IN BOOK 12, PAGE 161 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE ALONG SAID LINE SOUTH 34 DEGREES 05 FEET WEST
25.79 FEET TO AN ANGLE POINT THEREIN; THENCE ALONG SAID LINE SOUTH 51
DEGREES 45 FEET WEST 16.54 FEET TO THE NORTHEAST LINE OF LAND
DESCRIBED IN DEED RECORDED IN BOOK 3746, PAGE 101 OF DEEDS, RECORDS
OF SAID COUNTY; THENCE ALONG SAID NORTHEAST LINE SOUTH 43 DEGREES 50
FEET EAST 126.61 FEET TO SAID NORTHWEST LINE OF LOS ANGELES STREET;
THENCE ALONG SAID STREET, NORTH 38 DEGREES 41 FEET 30 INCHES EAST 65
FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THAT PORTION OF THE
PROPERTY OF C.E. THOM, IN THE CITY OF LOS ANGELES, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 72, PAGE 45
OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF
THE NORTHERLY LINE OF THE BAKER TRACT, AS PER MAP RECORDED IN BOOK 5,
PAGE 459, MISCELLANEOUS RECORDS OF SAID COUNTY, WITH THE WESTERLY
LINE OF LOS ANGELES STREET, AS WIDENED BY DECREE OF CONDEMNATION
RECORDED IN BOOK 2088, PAGE 256 OF DEEDS; THENCE NORTH 38 DEGREES 35
FEET EAST ALONG SAID LINE OF LOS ANGELES STREET, 50.45 FEET; THENCE
NORTH 43 DEGREES 40 FEET WEST, PARALLEL WITH SAID NORTHERLY LINE OF
THE BAKER TRACT, AND 50 FEET AT RIGHT ANGLES THEREFROM, 130 FEET,
MORE OR LESS, TO A POINT IN THE SOUTHEASTERLY LINE OF DOMITILA COHN
PANORAMA PROPERTY, AS PER MAP RECORDED IN BOOK 12, PAGE 161 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 51
DEGREES 45 FEET WEST ALONG SAID SOUTHEASTERLY LINE, 50 FEET, MORE OR
LESS, TO SAID NORTHERLY LINE OF SAID BAKER TRACT; THENCE SOUTH 43
DEGREES 40 FEET EAST ALONG SAID NORTHERLY LINE OF SAID BAKER TRACT,
138 FEET TO THE POINT OF BEGINNING.

   (b) In as much as it is in the best interest of the people of the
State of California to consolidate state offices in the City of Los
Angeles as described in subdivision (a), at the earliest opportunity,
a "design-build" concept may be utilized in meeting the objective of
this section.
   (c) Notwithstanding any other provision of law, the joint powers
authority described in subdivision (a) shall have the authority to
borrow from the Pooled Money Investment Account as provided in
Sections 16312 and 16313.



14669.6.  Notwithstanding Section 14669, if the plan requested
pursuant to Resolution Chapter 131 of the Statutes of 1991 has been
completed, the Director of General Services may enter into a lease
with an option to purchase, with an initial option purchase price
that exceeds two million dollars ($2,000,000), for the purpose of
providing office, warehouse, parking, and related facilities to
consolidate the operations of the California Environmental Protection
Agency. The director shall not exercise the option unless
specifically authorized to do so by the Legislature and unless the
director has made a finding that the proposed facility and site
conforms to the plan requested pursuant to Resolution Chapter 131 of
the Statutes of 1991.
   Except for a renewal of an existing lease to include an option to
purchase, the director shall solicit written bids for any lease with
an option to purchase in a newspaper of general circulation in the
counties in which the project may be located. All bids received shall
be publicly opened and the lease awarded to the lowest responsible
bidder. If the director deems the acceptance of the lowest
responsible bid is not in the best interest of the state, he or she
may reject all bids.



14669.65.  Notwithstanding Section 14669, if the plan requested
pursuant to Resolution Chapter 131 of the Statutes of 1991 has been
completed, the Director of General Services may enter into a lease
with an option to purchase or a lease with an option to
lease-purchase, with an initial option purchase price that exceeds
two million dollars ($2,000,000), for the purpose of providing
office, parking, and related facilities to consolidate the operations
of the Department of Justice. The director shall not exercise the
option unless specifically authorized to do so by the Legislature and
unless the director has made a finding that the proposed facility
and site conforms to the plan requested pursuant to Resolution
Chapter 131 of the Statutes of 1991.
   Except for a renewal of an existing lease to include an option to
purchase, the director shall solicit written bids for any lease with
an option to purchase in a newspaper of general circulation in the
counties in which the project may be located. All bids received shall
be publicly opened and the lease awarded to the lowest responsible
bidder. The option price may be considered when evaluating the lowest
responsible bid. If the director deems the acceptance of the lowest
responsible bid is not in the best interest of the state, he or she
may reject all bids.



14669.7.  The Director of General Services may enter into an
agreement with federal authorities to sell, lease, or exchange land
at the Northern California Women's Facility, as described in
subdivision (o) of Section 5003 of the Penal Code. The conditions of
the sale, lease, or exchange shall be in the best interests of the
state. If used for the incarceration of inmates, any facility located
on this land shall utilize state employees.



14669.8.  (a) Notwithstanding any other provision of law, the
Director of General Services may enter into an amendment to the
existing joint powers agreement with the San Francisco Redevelopment
Agency in connection with the redevelopment of the 350 McAllister/455
Golden Gate block in the City and County of San Francisco. The
redevelopment shall include, but not be limited to, demolition of
existing structures, renovation, financing, planning, acquisition,
construction and equipping, and furnishing of new state office
buildings and parking facilities, and any betterments, improvements,
and facilities related thereto, in the San Francisco Civic Center
Area. In connection therewith, the director may enter into a
lease-purchase agreement, an agreement for the appointment of a bond
trustee, any other documents and agreements in connection with the
financing by sale of bonds or otherwise of the development, and an
agreement for the department to act as agent for acquisition,
planning, and construction matters, each of which agreements shall be
with the joint powers authority created under the joint powers
agreement. In connection with the development of any agreements
authorized by this section or any work or expenses related thereto,
the joint powers authority may use any funds lawfully available to it
for those purposes, and the department is empowered to use and
expend those funds in accordance with the terms of any agreement
between the department and the joint powers authority for the
carrying out of the works on the development. The Treasurer shall be
the agent for sale, as defined in Chapter 9 (commencing with Section
5700) of Division 6 of Title 1, for any financing authorized by this
section.
   (b) Inasmuch as it is in the best interest of the people of the
State of California to consolidate state offices in the San Francisco
Civic Center Area as described in subdivision (a), at the earliest
opportunity, a "design-build" concept may be utilized in meeting the
objective of this section.
   (c) Notwithstanding any other provision of law, the joint power	
	
	
	
	

State Codes and Statutes

Statutes > California > Gov > 14660-14684.1

GOVERNMENT CODE
SECTION 14660-14684.1



14660.  The director may acquire title to real property in the name
of the state whenever the acquisition of real property is authorized
or contemplated by law, if no other state agency is specifically
authorized and directed to acquire it. However, after January 1,
1980, if the property is to be constructed, purchased, or leased, or
any interest is acquired in the property, for a period of five years
firm term or more, and the property is located in a standard
metropolitan statistical area (SMSA) with a population of 250,000 or
more according to the most recent decennial census, which is served
by a public transit operator, as defined in Section 99210 of the
Public Utilities Code, and is not located within a public transit
corridor, as defined in Section 50093.5 of the Health and Safety
Code, the property shall be subject to the determination required in
Section 15808.1.
   For purposes of this section, "construction" does not include
repair or furnishing.



14660.1.  (a) Notwithstanding subdivision (b) of Section 14669, the
Director of General Services, on behalf of the state, may enter into
an agreement to convert an existing lease or leases for real property
located in the City of Sacramento into a lease-purchase agreement
for the purpose of acquiring office and parking facilities, and any
other improvements, betterments, and facilities related thereto to
provide office space for any state agency. The total purchase price,
excluding financing costs, shall not exceed the market value as
determined by the Department of General Services. The state may incur
costs of financing, including, but not limited to, interest during
acquisition of these facilities, interest payable on any interim loan
from the Pooled Money Investment Account pursuant to Section 16312
or 16313, a reasonably required reserve fund, and the costs of
issuance of interim financing or permanent financing, planning funds,
and funds for environmental documents that may be necessary for
acquisition of these facilities.
   (b) The Director of General Services may proceed with acquisition
pursuant to subdivision (a) if the total cost through ownership based
on an analysis of savings to the state over a period commensurate
with the useful life of the building, including the factoring in of
the cost of the building, is determined to be of significant savings
to the state.
   (c) Revenue bonds, negotiable notes, and negotiable bond
anticipation notes may be issued by the State Public Works Board
pursuant to the State Building Construction Act of 1955 (Part 10b
(commencing with Section 15800)), to finance the acquisition of an
office building and parking facilities, and any other improvements,
betterments, and facilities related thereto, as specified in
subdivision (a).
   (d) The amount of the revenue bonds, negotiable notes, or
negotiable bond anticipation notes to be sold shall equal the cost of
acquisition and related costs, including financing, of the complex
and facilities.
   (e) The amount of negotiable bond anticipation notes sold shall
not exceed the amount of revenue bonds and negotiable notes
authorized by this section. Any augmentation of the approved project
costs shall be subject to Section 13332.11. The board may borrow
funds for project costs from the Pooled Money Investment Account
pursuant to Section 16312 or 16313.
   (f) The Director of General Services may lease the complex and
facilities financed with the proceeds of the revenue bonds,
negotiable notes, or negotiable bond anticipation notes from the
board pursuant to this section for use by any state agency.
   (g) The Director of General Services shall not utilize this
section for more than one project as outlined in the report provided
for in subdivision (b). Any other agreements shall be entered into as
otherwise provided for in this article.


14660.5.  Whenever by statutory enactment or operation of law, a
state agency is abolished or ceases to function, the control and
possession of its assets, unless otherwise provided by law, shall
vest in the Department of General Services for such use or
disposition as the department may deem in the best interest of the
state. In the event such state agency was entirely or substantially
supported from a special fund, any moneys arising out of the use or
disposition of such assets shall be deposited in such special fund or
its successor fund. The unencumbered balance of the assets of a
special fund which has been abolished or repealed shall be disposed
of pursuant to Sections 16346 to 16350, inclusive.



14661.  (a) For the purposes of this section, the definitions in
subdivision (a) of Section 13332.19 shall apply.
   (b) Notwithstanding any provision of the Public Contract Code or
any other provision of law, when the Legislature authorizes the use
of the design-build construction procurement process for a specific
project, the Director of General Services may contract and procure
state office facilities and other buildings, structures, and related
facilities pursuant to this section.
   (c) Prior to contracting with a design-build entity for the
procurement of state office facilities and other state buildings and
structures, the director shall:
   (1) Prepare a program setting forth the performance criteria for
the design-build project. The performance criteria shall be prepared
by a design professional duly licensed and registered in the State of
California.
   (2) (A) Establish a competitive prequalification and selection
process for design-build entities, including any subcontractors
listed at the time of bid, that clearly specifies the
prequalification criteria, and states the manner in which the winning
design-build entity will be selected.
   (B) Prequalification shall be limited to consideration of all of
the following criteria:
   (i) Possession of all required licenses, registration, and
credentials in good standing that are required to design and
construct the project.
   (ii) Submission of evidence that establishes that the design-build
entity members have completed, or demonstrated the capability to
complete, projects of similar size, scope, or complexity, and that
proposed key personnel have sufficient experience and training to
competently manage and complete the design and construction of the
project.
   (iii) Submission of a proposed project management plan that
establishes that the design-build entity has the experience,
competence, and capacity needed to effectively complete the project.
   (iv) Submission of evidence that establishes that the design-build
entity has the capacity to obtain all required payment and
performance bonding, liability insurance, and errors and omissions
insurance, as well as a financial statement that assures the
department that the design-build entity has the capacity to complete
the project.
   (v) Provision of a declaration certifying that applying members of
the design-build entity have not had a surety company finish work on
any project within the last five years.
   (vi) Provision of information and a declaration providing detail
concerning all of the following:
   (I) Any construction or design claim or litigation totaling more
than five hundred thousand dollars ($500,000) or 5 percent of the
annual value of work performed, whichever is less, settled against
any member of the design-build entity over the last five years.
   (II) Serious violations of the Occupational Safety and Health Act,
as provided in Part 1 (commencing with Section 6300) of Division 5
of the Labor Code, settled against any member of the design-build
entity.
   (III) Violations of federal or state law, including, but not
limited to, those laws governing the payment of wages, benefits, or
personal income tax withholding, or of Federal Insurance
Contributions Act (FICA) withholding requirements, state disability
insurance withholding, or unemployment insurance payment
requirements, settled against any member of the design-build entity
over the last five years. For the purposes of this subclause, only
violations by a design-build member as an employer shall be deemed
applicable, unless it is shown that the design-build entity member,
in his or her capacity as an employer, had knowledge of his or her
subcontractor's violations or failed to comply with the conditions
set forth in subdivision (b) of Section 1775 of the Labor Code.
   (IV) Information required by Section 10162 of the Public Contract
Code.
   (V) Violations of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code), excluding alleged violations or complaints.
   (VI) Any conviction of any member of the design-build entity of
submitting a false or fraudulent claim to a public agency over the
last five years.
   (vii) Provision of a declaration that the design-build entity will
comply with all other provisions of law applicable to the project,
including, but not limited to, the requirements of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor
Code.
   (C) The director, when requested by the design-build entity, shall
hold in confidence any information required by clauses (i) to (vi),
inclusive.
   (D) Any declaration required under subparagraph (B) shall state
that reasonable diligence has been used in its preparation and that
it is true and complete to the best of the signer's knowledge. A
person who certifies as true any material matter that he or she knows
to be false is guilty of a misdemeanor and shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both the fine and imprisonment.
   (3) (A) Determine, as he or she deems in the best interests of the
state, which of the following methods listed in subparagraph (B)
will be used as the process for the winning design-build entity. The
director shall provide a notification to the State Public Works
Board, regarding the method selected for determining the winning
design-build entity, at least 30 days prior to publicizing the
design-build solicitation package.
   (B) The director shall make his or her determination by choosing
one of the following methods:
   (i) A design-build competition based upon performance, price, and
other criteria set forth by the department in the design-build
solicitation package. The department shall establish technical
criteria and methodology, including price, to evaluate proposals and
shall describe the criteria and methodology in the design-build
solicitation package. Award shall be made to the design-build entity
whose proposal is judged as providing the best value in meeting the
interest of the department and meeting the objectives of the project.
A project with an approved budget of ten million dollars
($10,000,000) or more may be awarded pursuant to this clause.
   (ii) A design-build competition based upon performance and other
criteria set forth by the department in the design-build solicitation
package. Criteria used in this evaluation of proposals may include,
but need not be limited to, items such as proposed design approach,
life-cycle costs, project features, and functions. However, any
criteria and methods used to evaluate proposals shall be limited to
those contained in the design-build solicitation package. Award shall
be made to the design-build entity whose proposal is judged as
providing the best value, for the lowest price, meeting the interests
of the department and meeting the objectives of the project. A
project with an approved budget of ten million dollars ($10,000,000)
or more may be awarded pursuant to this clause.
   (iii) A design-build competition based upon program requirements
and a detailed scope of work, including any performance criteria and
concept drawings set forth by the department in the design-build
solicitation package. Award shall be made on the basis of the lowest
responsible bid. A project with an approved budget of two hundred
fifty thousand dollars ($250,000) or more may be awarded pursuant to
this clause.
   (4) For the purposes of this subdivision, the following
definitions shall apply:
   (A) "Best interest of the state" means a design-build process that
is projected by the director to reduce the project delivery schedule
and total cost of a project while maintaining a high level of
quality workmanship and materials, when compared to the traditional
design-bid-build process.
   (B) "Best value" means a value determined by objective criteria
that may include, but is not limited to, price, features, functions,
life cycle costs, experience, and other criteria deemed appropriate
by the department.
   (d) The Legislature recognizes that the design-build entity is
charged with performing both design and construction. Because a
design-build contract may be awarded prior to the completion of the
design, it is often impracticable for the design-build entity to list
all subcontractors at the time of the award. As a result, the
subcontractor listing requirements contained in Chapter 4 (commencing
with Section 4100) of Part 1 of Division 2 of the Public Contract
Code can create a conflict with the implementation of the
design-build process by requiring all subcontractors to be listed at
a time when a sufficient set of plans may not be available. It is the
intent of the Legislature to establish a clear process for the
selection and award of subcontracts entered into pursuant to this
section in a manner that retains protection for subcontractors while
enabling design-build projects to be administered in an efficient
fashion. Therefore, all of the following requirements shall apply to
subcontractors, licensed pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code,
that are employed on design-build projects undertaken pursuant to
this section:
   (1) The department, in each design-build solicitation package, may
identify types of subcontractors, by subcontractor license
classification, that will be listed by the design-build entity at the
time of the bid. In selecting the subcontractors that will be listed
by the design-build entity, the department shall limit the
identification to only those license classifications deemed essential
for proper completion of the project. In no event, however, may the
department specify more than five licensed subcontractor
classifications. In addition, at its discretion, the design-build
entity may list an additional two subcontractors, identified by
subcontractor license classification, that will perform design or
construction work, or both, on the project. In no event shall the
design-build entity list at the time of bid a total amount of
subcontractors that will perform design or construction work, or
both, in a total of more than seven subcontractor license
classifications on a project. All subcontractors that are listed at
the time of bid shall be afforded all of the protection contained in
Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of
the Public Contract Code. All subcontracts that were not listed by
the design-build entity at the time of bid shall be awarded in
accordance with paragraph (2).
   (2) All subcontracts that were not to be performed by the
design-build entity in accordance with paragraph (1) shall be
competitively bid and awarded by the design-build entity, in
accordance with the design-build process set forth by the department
in the design-build solicitation package. The design-build entity
shall do all of the following:
   (A) Provide public notice of the availability of work to be
subcontracted in accordance with Section 10140 of the Public Contract
Code.
   (B) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with Section 10141 of the Public
Contract Code.
   (C) As authorized by the department, establish reasonable
prequalification criteria and standards, limited in scope to those
detailed in paragraph (2) of subdivision (c).
   (D) Provide that the subcontracted work shall be awarded to the
lowest responsible bidder.
   (e) This section shall not be construed and is not intended to
extend or limit the authority specified in Section 19130.
   (f) Any design-build entity that is selected to design and
construct a project pursuant to this section shall possess or obtain
sufficient bonding consistent with applicable provisions of the
Public Contract Code. Nothing in this section shall prohibit a
general or engineering contractor from being designated the lead
entity on a design-build entity for the purposes of purchasing
necessary bonding to cover the activities of the design-build entity.
   (g) Any payment or performance bond written for the purposes of
this section shall use a bond form developed by the department. In
developing the bond form, the department shall consult with the
surety industry to achieve a bond form that is consistent with surety
industry standards, while protecting the interests of the state.




14661.1.  (a) For purposes of this section, the definitions in
subdivision (a) of Section 13332.19 shall apply. For purposes of
subdivision (a) of Section 13332.19, references to the Department of
General Services shall be deemed to be references to the Department
of General Services or the Department of Corrections and
Rehabilitation, as applicable.
   (b) Notwithstanding any provision of the Public Contract Code or
any other provision of law, when the Legislature appropriates funds
for a specific project, or for any project using funds appropriated
pursuant to Chapter 3.2.1 (commencing with Section 15819.40) or 3.2.2
(commencing with Section 15819.41) of Part 10b of this division, the
Director of General Services or the Secretary of the Department of
Corrections and Rehabilitation, as appropriate, may contract and
procure state office facilities and prison facilities pursuant to
this section.
   (c) Prior to contracting with a design-build entity for the
procurement of a state office facility or prison facility under this
section, the Director of General Services or the Secretary of the
Department of Corrections and Rehabilitation shall:
   (1) Prepare a program setting forth the performance criteria for
the design-build project. The performance criteria shall be prepared
by a design professional duly licensed and registered in the State of
California.
   (2) (A) Establish a competitive prequalification and selection
process for design-build entities, including any subcontractors
listed at the time of bid, that clearly specifies the
prequalification criteria, and states the manner in which the winning
design-build entity will be selected.
   (B) Prequalification shall be limited to consideration of all of
the following criteria:
   (i) Possession of all required licenses, registration, and
credentials in good standing that are required to design and
construct the project.
   (ii) Submission of evidence that establishes that the design-build
entity members have completed, or demonstrated the capability to
complete, projects of similar size, scope, or complexity, and that
proposed key personnel have sufficient experience and training to
competently manage and complete the design and construction of the
project.
   (iii) Submission of a proposed project management plan that
establishes that the design-build entity has the experience,
competence, and capacity needed to effectively complete the project.
   (iv) Submission of evidence that establishes that the design-build
entity has the capacity to obtain all required payment and
performance bonding, liability insurance, and errors and omissions
insurance, as well as a financial statement that assures the
Department of General Services or the Department of Corrections and
Rehabilitation that the design-build entity has the capacity to
complete the project.
   (v) Provision of a declaration certifying that applying members of
the design-build entity have not had a surety company finish work on
any project within the last five years.
   (vi) Provision of information and a declaration providing detail
concerning all of the following:
   (I) Any construction or design claim or litigation totaling more
than five hundred thousand dollars ($500,000) or 5 percent of the
annual value of work performed, whichever is less, settled against
any member of the design-build entity over the last five years.
   (II) Serious violations of the California Occupational Safety and
Health Act of 1973, as provided in Part 1 (commencing with Section
6300) of Division 5 of the Labor Code, settled against any member of
the design-build entity.
   (III) Violations of federal or state law, including, but not
limited to, those laws governing the payment of wages, benefits, or
personal income tax withholding, of Federal Insurance Contributions
Act (FICA) withholding requirements, state disability insurance
withholding, or unemployment insurance payment requirements, settled
against any member of the design-build entity over the last five
years. For purposes of this subclause, only violations by a
design-build member as an employer shall be deemed applicable, unless
it is shown that the design-build entity member, in his or her
capacity as an employer, had knowledge of his or her subcontractor's
violations or failed to comply with the conditions set forth in
subdivision (b) of Section 1775 of the Labor Code.
   (IV) Information required by Section 10162 of the Public Contract
Code.
   (V) Violations of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code), excluding alleged violations or complaints.
   (VI) Any conviction of any member of the design-build entity of
submitting a false or fraudulent claim to a public agency over the
last five years.
   (vii) Provision of a declaration that the design-build entity will
comply with all other provisions of law applicable to the project,
including, but not limited to, the requirements of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor
Code.
   (C) The Director of General Services or the Secretary of the
Department of Corrections and Rehabilitation, when requested by the
design-build entity, shall hold in confidence any information
required by clauses (i) to (vi), inclusive, of subparagraph (B).
   (D) Any declaration required under subparagraph (B) shall state
that reasonable diligence has been used in its preparation and that
it is true and complete to the best of the signer's knowledge. A
person who certifies as true any material matter that he or she knows
to be false is guilty of a misdemeanor and shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both the fine and imprisonment.
   (3) (A) Determine, as he or she deems in the best interests of the
state, which of the following methods listed in subparagraph (B)
will be used as the process for the winning design-build entity. He
or she shall provide a notification to the State Public Works Board,
regarding the method selected for determining the winning
design-build entity, at least 30 days prior to publicizing the
design-build solicitation package.
   (B) The Director of General Services or the Secretary of the
Department of Corrections and Rehabilitation shall make his or her
determination by choosing one of the following methods:
   (i) A design-build competition based upon performance, price, and
other criteria set forth by the Department of General Services or the
Department of Corrections and Rehabilitation in the design-build
solicitation package. The Department of General Services or the
Department of Corrections and Rehabilitation shall establish
technical criteria and methodology, including price, to evaluate
proposals and shall describe the criteria and methodology in the
design-build solicitation package. Award shall be made to the
design-build entity whose proposal is judged as providing the best
value in meeting the interests of the Department of General Services
or the Department of Corrections and Rehabilitation and meeting the
objectives of the project. A project with an approved budget of ten
million dollars ($10,000,000) or more may be awarded pursuant to this
clause.
   (ii) A design-build competition based upon performance and other
criteria set forth by the Department of General Services or the
Department of Corrections and Rehabilitation in the design-build
solicitation package. Criteria used in this evaluation of proposals
may include, but need not be limited to, items such as proposed
design approach, life-cycle costs, project features, and functions.
However, any criteria and methods used to evaluate proposals shall be
limited to those contained in the design-build solicitation package.
Award shall be made to the design-build entity whose proposal is
judged as providing the best value, for the lowest price, meeting the
interests of the Department of General Services or the Department of
Corrections and Rehabilitation and meeting the objectives of the
project. A project with an approved budget of ten million dollars
($10,000,000) or more may be awarded pursuant to this clause.
   (iii) A design-build competition based upon program requirements
and a detailed scope of work, including any performance criteria and
concept drawings set forth by the Department of General Services or
the Department of Corrections and Rehabilitation in the design-build
solicitation package. Award shall be made on the basis of the lowest
responsible bid. A project with an approved budget of two hundred
fifty thousand dollars ($250,000) or more may be awarded pursuant to
this clause.
   (4) For purposes of this subdivision, the following definitions
shall apply:
   (A) "Best interest of the state" means a design-build process that
is projected by the Director of General Services or the Secretary of
the Department of Corrections and Rehabilitation to reduce the
project delivery schedule and total cost of a project while
maintaining a high level of quality workmanship and materials, when
compared to the traditional design-bid-build process.
   (B) "Best value" means a value determined by objective criteria
that may include, but are not limited to, price, features, functions,
life-cycle costs, experience, and other criteria deemed appropriate
by the Department of General Services or the Department of
Corrections and Rehabilitation.
   (d) The Legislature recognizes that the design-build entity is
charged with performing both design and construction. Because a
design-build contract may be awarded prior to the completion of the
design, it is often impracticable for the design-build entity to list
all subcontractors at the time of the award. As a result, the
subcontractor listing requirements contained in Chapter 4 (commencing
with Section 4100) of Part 1 of Division 2 of the Public Contract
Code can create a conflict with the implementation of the
design-build process by requiring all subcontractors to be listed at
a time when a sufficient set of plans shall not be available. It is
the intent of the Legislature to establish a clear process for the
selection and award of subcontracts entered into pursuant to this
section in a manner that retains protection for subcontractors while
enabling design-build projects to be administered in an efficient
fashion. Therefore, all of the following requirements shall apply to
subcontractors, licensed pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code,
that are employed on design-build projects undertaken pursuant to
this section:
   (1) The Department of General Services and the Department of
Corrections and Rehabilitation, in each design-build solicitation
package, may identify types of subcontractors, by subcontractor
license classification, that will be listed by the design-build
entity at the time of the bid. In selecting the subcontractors that
will be listed by the design-build entity, the Department of General
Services and the Department of Corrections and Rehabilitation shall
limit the identification to only those license classifications deemed
essential for proper completion of the project. In no event,
however, may the Department of General Services or the Department of
Corrections and Rehabilitation specify more than five licensed
subcontractor classifications. In addition, at its discretion, the
design-build entity may list an additional two subcontractors,
identified by subcontractor license classification, that will perform
design or construction work, or both, on the project. In no event
shall the design-build entity list at the time of bid a total number
of subcontractors that will perform design or construction work, or
both, in a total of more than seven subcontractor license
classifications on a project. All subcontractors that are listed at
the time of bid shall be afforded all of the protection contained in
Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of
the Public Contract Code. All subcontracts that were not listed by
the design-build entity at the time of bid shall be awarded in
accordance with paragraph (2).
   (2) All subcontracts that were not to be performed by the
design-build entity in accordance with paragraph (1) shall be
competitively bid and awarded by the design-build entity, in
accordance with the design-build process set forth by the Department
of General Services or the Department of Corrections and
Rehabilitation in the design-build solicitation package. The
design-build entity shall do all of the following:
   (A) Provide public notice of the availability of work to be
subcontracted in accordance with Section 10140 of the Public Contract
Code.
   (B) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with Section 10141 of the Public
Contract Code.
   (C) As authorized by the Department of General Services or the
Department of Corrections and Rehabilitation, establish reasonable
prequalification criteria and standards, limited in scope to those
detailed in paragraph (2) of subdivision (c).
   (D) Provide that the subcontracted work shall be awarded to the
lowest responsible bidder.
   (e) This section shall not be construed and is not intended to
extend or limit the authority specified in Section 19130.
   (f) Any design-build entity that is selected to design and
construct a project pursuant to this section shall possess or obtain
sufficient bonding consistent with applicable provisions of the
Public Contract Code. Nothing in this section shall prohibit a
general or engineering contractor from being designated the lead
entity on a design-build entity for the purposes of purchasing
necessary bonding to cover the activities of the design-build entity.
   (g) Any payment or performance bond written for the purposes of
this section shall use a bond form developed by the Department of
General Services or the Department of Corrections and Rehabilitation.
In developing the bond form, the Department of General Services or
the Department of Correction and Rehabilitation shall consult with
the surety industry to achieve a bond form that is consistent with
surety industry standards, while protecting the interests of the
state.
   (h) The Department of General Services or the Department of
Corrections and Rehabilitation, as appropriate, shall each submit to
the Joint Legislative Budget Committee, before January 1, 2014, a
report containing a description of each public works project procured
by that department through the design-build process described in
this section that is completed after January 1, 2009, and before
December 1, 2013. The report shall include, but shall not be limited
to, all of the following information:
   (1) The type of project.
   (2) The gross square footage of the project.
   (3) The design-build entity that was awarded the project.
   (4) The estimated and actual project costs.
   (5) An assessment of the prequalification process and criteria.
   (6) An assessment of the effect of any retention on the project
made under the law.
   (7) A description of the method used to award the contract. If the
best value method was used, the report shall describe the factors
used to evaluate the bid, including the weighting of each factor and
an assessment of the effectiveness of the methodology.
   (i) The authority provided under this section shall be in addition
to the authority provided to the Department of General Services
pursuant to Section 4 of Chapter 252 of the Statutes of 1998, as
amended by Section 3 of Chapter 154 of the Statutes of 2007. The
authority under this section and Section 70391.7 shall apply to a
total of not more than five state office facilities, prison
facilities, or court facilities, which shall be determined pursuant
to this subdivision.
   (1) In order to enter into a contract utilizing the procurement
method authorized under this section, the Director of General
Services or the Secretary of the Department of Corrections and
Rehabilitation shall submit a request to the Department of Finance.
   (2) The Department of Finance shall make a determination whether
to approve or deny a request made pursuant to paragraph (1) if the
design-build project requested will not exceed the five facilities
maximum set forth in this section and Section 70391.7.
   (3) After receiving notification that the Department of Finance
has approved the request and that the Legislature has appropriated
funds for a specific project, the director or secretary may enter
into a design-build contract under this section.
   (j) Nothing in this section is intended to affect, expand, alter,
or limit any rights or remedies otherwise available under the law.



14662.  The Director of General Services may acquire any easements
or rights-of-way which he determines to be necessary for the proper
utilization of real property owned or being acquired by the state.
   This section does not apply to land, easements, or rights-of-way
to be acquired by the Department of Transportation.




14662.5.  In any agreement entered into whereby the state obtains a
grant of easement, lease, license, right-of-way, or right of entry
(including without limitation, a right-of-way, or right of entry on
or over property of any railroad), the state agency or its director
entering into the agreement on behalf of the state may agree to
indemnify and hold harmless the grantor, lessor, or licensor and may
agree to repair or pay for any damage proximately caused by reason of
the uses authorized by such easement, lease, license, right-of-way,
or right of entry agreement.



14663.  With the consent of the state agency concerned, the director
may establish boundaries between property of the state held in
proprietary capacity and property in private ownership, and execute
and accept in behalf and in the name of the state instruments
necessary to the establishment of any such boundary.



14664.  (a) The director may execute grants to real property
belonging to the state in the name and upon behalf of the state,
whenever the sale or exchange of real property is authorized or
contemplated by law, if no other state agency is specifically
authorized and directed to execute the grants. The director may also
execute deeds or any other instruments necessary to correct erroneous
descriptions on deeds by which the state acquired title.
   (b) (1) Notwithstanding any other provision of law, upon the
written request and consent of the state agency with control or
jurisdiction over the property concerned, the director may sell,
convey, or exchange properties that are not needed by any state
agency at fair market value following a 30-day notice to the Joint
Legislative Budget Committee and the applicable Members of the Senate
and Assembly who represent the district in which the properties are
located, under any of the following circumstances:
   (A) Property, not to exceed five acres, to a local governmental
agency for the purpose of local public works projects, including, but
not limited to, utility rights-of-way, drainage ditches, road
widening, including curbs, gutters, sidewalks, and small parking
lots.
   (B) Property with a fair market value of up to one million dollars
($1,000,000) received by the state through the office of the
Attorney General or another state agency as the result of a
foreclosure, seizure, or court action.
   (C) Property that is being encroached on , where the adjacent
landowner and the state agency with control or jurisdiction over the
property concerned, the director, and the Attorney General agree that
the best manner in which to resolve the matter is through a sale of
the property or for an exchange of property of equal value.
   (D) Property not needed by any state agency with a fair market
value of less than twenty-five thousand dollars ($25,000).
   (2) Any parcel described in subparagraph (B) or (D) shall be
declared surplus in the identical manner as state property declared
surplus pursuant to Section 11011.
   (3) All funds received by the state pursuant to this subdivision
shall be handled in the identical manner as funds received from state
property disposed of pursuant to Section 11011.



14665.  With the consent of the state agency concerned, the director
may execute grants to real property belonging to the state in the
name and upon behalf of the state to the United States of America in
exchange for lands of the latter or for such other considerations, as
the director deems are in the best interests of the state.
   Real property acquired by the state by exchange pursuant to this
section is subject to the laws governing real property of the class
to which it belongs.



14666.  With the approval of the state agency concerned, the
director may grant and convey in the name of the state, easements and
rights-of-way across real property belonging to the state not used
for highway rights-of-way, for such purposes and upon such
consideration and subject to such conditions, limitations,
restrictions, and reservations as he deems are in the interest of the
state. All revenue received in connection with the granting and
conveying of such easements and rights-of-way, including charges made
for administrative costs, shall be deposited in the General Fund for
appropriation as provided in Section 15863. Any expenditure in
connection with the granting and conveying of said easements and
rights-of-way or investigating proposed gifts of real property to the
state may be allocated from the appropriation made pursuant to
Section 15863.


14666.6.  (a) With the approval of the state agency concerned, the
director shall negotiate in the name of the state, access to
state-owned property, not used for highway purposes, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the director to be in the best
interest of the state. To the extent permitted under existing law,
the director shall determine the amount of consideration for, and
means of access, which means shall include, but not be limited to,
any of the following: lease, permit, or other form of providing a
monetary or service consideration for the access.
   (b) The Director of Transportation shall negotiate in the name of
the state, access to state-owned highway rights-of-way, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the Director of Transportation to be
in the best interest of the state. To the extent permitted under
existing law, the Director of Transportation shall determine the
amount of consideration for, and means of access, which means shall
include, but not be limited to, any of the following: lease, permit,
or other form of providing a monetary or service consideration for
the access.
   (c) This section applies to various telecommunications and
information technologies, including, but not limited to, voice data,
video, and fiber-optic technologies.
   (d) Any payments received under the provisions of this section for
a grant or conveyance through land or facilities controlled by the
Department of Transportation, including but not limited to
rights-of-way along the state highway system, shall be deposited in
the State Transportation Fund.



14666.8.  (a) The director shall, within 120 days of the operative
date of this section, compile and maintain an inventory of
state-owned real property that may be available for lease to
providers of wireless telecommunications services for location of
wireless telecommunications facilities. This inventory shall be the
state's sole inventory of state-owned real property available for
this purpose. The term "state-owned real property," as used in this
section, excludes property owned or managed by the Department of
Transportation and property subject to Section 7901 of the Public
Utilities Code.
   (b) The director shall provide, in a cost-effective manner, upon
payment of any applicable fee, a requesting party a copy of the
inventory.
   (c) On behalf of the state, the director may negotiate and enter
into an agreement to lease department-managed and state-owned real
property to any provider of wireless telecommunications services for
location of its facilities. A lease for this purpose shall do all of
the following:
   (1) Provide for fair market value to be paid by the provider of
wireless telecommunications service to the state to the extent
permitted under existing state law.
   (2) Designate a lease term that is acceptable to the director and
the state agency that has control over the property. The duration of
the initial lease term for any wireless facility may not exceed 10
years, and the lease may provide for a negotiated number of renewal
terms, not to exceed five years for each term.
   (3) Provide for the use of the wireless provider's facilities
located on the state-owned real property by any appropriate state
agency if technically, legally, aesthetically, and economically
feasible.
   (4) Facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services for colocation of
their facilities on state-owned real property.
   (d) Nothing in this section alters any existing rights of
telegraph or telephone corporations pursuant to Section 7901 of the
Public Utilities Code.
   (e) Notwithstanding any other provision of law, any revenue
collected from a lease entered into pursuant to this section to use
property that was acquired with money from a fund other than the
General Fund shall be deposited into the fund from which the money
was obtained. Money received and deposited into a fund pursuant to
this section shall be available upon appropriation by the
Legislature, notwithstanding any other provision of law.
   (f) Before making any state-owned real property that is part of
the State Water Resources Development System, as described in Section
12931 of the Water Code, available for leasing under this section,
the director shall consult with the Department of Water Resources as
to whether the proposed location of a wireless telecommunication
facility is technically, legally, environmentally, and economically
feasible for wireless telecommunication purposes.




14667.  With the approval of the state agency concerned, the
director may quitclaim in the name of the state, the right, title and
interest of the state in and to easements and rights-of-way owned by
the state, other than those acquired for highway purposes, which he
determines are no longer needed for state purposes.
   (a) Unless the conveyance of the easement or right-of-way is made
to the federal government, or an agency thereof, or to a county,
city, district, or other local governmental agency of this state, the
director shall comply with the provisions of this subdivision. Prior
to the disposition of any easement or right-of-way owned by the
state pursuant to this section, notice thereof shall be published
pursuant to Section 6061 of the Government Code in a newspaper
published in the county in which the easement or right-of-way is
situated, and if there is no newspaper published in such county,
notice shall be published in a newspaper published in an adjoining
county and shall be posted in at least three public places in the
county in which the easement or right-of-way is situated, including
one posting on the real property in which the easement or
right-of-way is located.
   (b) If the easement or right-of-way was acquired by the state for
a price approximating its market value at the time of acquisition,
the director, when he disposes of such easement or right-of-way shall
make a reasonable effort to obtain as the price for the sale thereof
an amount approximately equivalent to the current market value at
the time of such disposition.



14667.1.  Notwithstanding Section 14616, the director may exempt
from his or her approval, or from the approval of the department, any
state real estate acquisition or conveyance involving not more than
one hundred fifty thousand dollars ($150,000) for which approval is
required by statute whenever, in his or her judgment, the state
agency delegated that authority has the necessary real estate
expertise and experience to complete the transaction competently and
professionally while protecting the best interests of the state.
Written notice of exemptions shall be given to the Controller.



14667.5.  Notwithstanding any other provision of law, for
approximately one million five hundred thousand dollars ($1,500,000)
in road, street, and other improvements and for reasonable
administrative fees, upon the terms, conditions, reservations, and
exceptions that are in the best interests of the state in the opinion
of the Director of General Services, the state shall dedicate to the
City of Santa Clara the right-of-way for a road on the west campus
of Agnews State Hospital, County of Santa Clara. The path of this
road shall run from south to north through vacant land on the
easterly side of the west campus of Agnews State Hospital.




14668.  With the approval of the Governor, the director may by
executive order withdraw from sale any and all public lands belonging
to the state, and return any lands so withdrawn for the purpose of
sale or other disposition in accordance with law.




14669.  (a) The director may hire, lease, lease-purchase, or lease
with the option to purchase any real or personal property for the use
of any state agency, including the Department of General Services,
if he or she deems the hiring or leasing is in the best interests of
the state.
   (b) The director shall not enter into a lease-purchase agreement
that involves office space, unless specifically authorized to do so
by the Legislature. The director shall solicit written bids for any
lease-purchase that involves office space in a newspaper of general
circulation in the county in which the project is located. All bids
received shall be publicly opened and the lease awarded to the lowest
responsible bidder. If the director deems the acceptance of the
lowest responsible bid is not in the best interest of the state, he
or she may reject all bids.



14669.1.  Notwithstanding any other provision of law, the Director
of General Services may enter into a joint powers agreement with the
San Francisco Redevelopment Agency and a land lease and a
lease-purchase agreement with the joint powers agency created under
the joint powers agreement for the purpose of financing and acquiring
state office and parking facilities to be constructed at Golden Gate
and Van Ness Avenues in the City and County of San Francisco. The
Director of General Services shall notify the Chairperson of the
Joint Legislative Budget Committee or his or her designee of his or
her intention to enter into each of the proposed agreements at least
20 days prior to entering into the agreements.



14669.2.  Notwithstanding any other provision of law, the Director
of General Services may enter into a joint powers agreement with the
Oakland Redevelopment Agency and a land lease and a lease-purchase
agreement with the joint powers agency created under the joint powers
agreement, for the purpose of financing and acquiring state office
and parking facilities to be constructed in the downtown
redevelopment area of the City of Oakland, County of Alameda. The
Director of General Services shall notify the Chairperson of the
Joint Legislative Budget Committee or his or her designee of his or
her intention to enter into each of the proposed agreements at least
20 days prior to entering into the agreements.



14669.3.  Notwithstanding any other provision of law, the director
may enter into a lease-purchase agreement, or a lease with an option
to purchase with an initial option purchase price over two million
dollars ($2,000,000) only for the property located at 9645
Butterfield Way in the County of Sacramento, for the purpose of
refinancing state office and parking facilities, and such other
improvements, betterments, and facilities related thereto, for
initial occupancy by the Franchise Tax Board and its staff.
   Pursuant to Section 5702, the Treasurer is hereby authorized to
sell lease revenue bonds, certificates of participation, or any other
form of obligations as he or she shall determine in connection with
this refinancing. The director and the Treasurer, respectively, shall
notify the Chairperson of the Joint Legislative Budget Committee or
his or her designee of the intention to enter into the proposed
lease-purchase agreement or lease with option to purchase or to sell
the obligations authorized in this section, respectively, at least 20
days prior to entering into the agreement or selling these
obligations, respectively.



14669.35.  (a) The Director of General Services may purchase,
exchange, or otherwise acquire real property and construct
facilities, including any improvements, betterments, and related
facilities, in the County of Sacramento, along the Highway 50
corridor in close proximity or contiguous to the Phase I and II sites
of the Franchise Tax Board facilities, and may retrofit the existing
Phase I and II buildings and infrastructure, for the purpose of
acquiring and constructing approximately 1,000,000 square feet of
office and warehouse space for use by state agencies. The site shall
be within a reasonable distance of an existing or planned light rail
station.
   The acquisition of property shall be pursuant to the Property
Acquisition Law (Part 11 (commencing with Section 15850)). In no
event shall the Department of General Services pay more than fair
market value for the sites. The award of construction contracts shall
be to the lowest responsible bidder. The Department of General
Services shall determine which agencies will occupy these facilities
after consulting with senior administrative staff of the affected
agencies and based on which agencies can make the most cost-effective
use of the facilities consistent with the programmatic needs of the
agencies.
   (b) The Department of General Services may contract for the
design, construction, construction management, and other services
related to the design and construction of the office, warehouse,
infrastructure, and parking facilities authorized to be acquired
pursuant to subdivision (a). The Department of General Services shall
prepare preliminary plans before entering into a construction
contract for the project.
   (c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
of Title 2 to finance the acquisition of land and facilities for the
purposes of this section. The State Public Works Board and the
Department of General Services may borrow funds for project costs
from the Pooled Money Investment Account pursuant to Sections 16312
and 16313. In the event the bonds authorized by the project are not
sold, the Department of General Services shall commit a sufficient
amount of its support appropriation to repay any loans made for the
project from the Pooled Money Investment Account. It is the intent of
the Legislature that this commitment shall be included in future
Budget Acts until all outstanding loans from the Pooled Money
Investment Account are repaid either through the proceeds from the
sale of bonds or from an appropriation. In the event the bonds
authorized by the project are not sold, it is the intent of the
Legislature to appropriate sufficient funds from the General Fund to
the Department of General Services specifically to repay any loans
made for the project from the Pooled Money Investment Account.
   (2) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed
the cost of acquisition, including land, construction, preliminary
plans and working drawings, construction management and supervision,
other costs relating to the design and construction of the
facilities, and any additional sums necessary to pay interim and
permanent financing costs. The additional amount may include interest
and a reasonable required reserve fund.
   (3) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings, and construction
shall not exceed two hundred eleven million dollars ($211,000,000).
   (4) Notwithstanding Section 13332.11, the State Public Works Board
may authorize the augmentation of the amount authorized under this
paragraph by up to, but not exceeding, 10 percent of the amount
appropriated.
   (5) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space, including the present facilities, over
the same time period. The Department of General Services shall
perform this analysis, and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer.
   (d) The Director of General Services may execute and deliver a
contract with the State Public Works Board for the lease of the
facilities described in this section that are financed with the
proceeds of the board's bonds, notes, or bond anticipation notes
issued in accordance with this section.
   (e) The Director of General Services shall, not later than 45 days
prior to entering into any agreement to construct facilities, as
specified in subdivision (a), notify the Chairperson of the Joint
Legislative Budget Committee of the pending agreement, including the
information specified in paragraph (5) of subdivision (c). It is the
intent of the Legislature that the Joint Legislative Budget Committee
hold a hearing on the pending agreement.



14669.4.  Notwithstanding Section 14669, the director may enter into
a lease-purchase agreement, or a lease with an option to purchase,
with an initial option purchase price which may exceed two million
dollars ($2,000,000), to provide for a California Conservation Corps
facility and office space in the City of Fortuna in Humboldt County.




14669.5.  (a) Notwithstanding any other provisions of law, the
Director of General Services may enter into an additional amendment
to the existing joint powers agreement with the Community
Redevelopment Agency of the City of Los Angeles dated June 30, 1982,
in connection with the financing, planning, acquisition, equipping,
furnishing, and construction or renovation of an additional office
building or buildings and parking facilities in the City of Los
Angeles in near proximity to the Ronald Reagan State Building and in
connection therewith may enter into a lease-purchase agreement or
agreements, an agreement for the appointment of a bond trustee, and
an agreement or agreements for the Department of General Services to
act as agent for acquisition, planning, and construction or
renovation matters, each of which agreements shall be with the joint
powers authority created under the joint powers agreement. The
amendment to the existing joint powers agreement shall provide that
any authorization under the joint powers agreement for the joint
powers authority to acquire property by means of condemnation
proceedings shall not include the power to condemn the property on
which was located, as of January 1, 1991, that certain homeless women'
s housing and day care center commonly known as the Downtown Women's
Center, which property is legally described as set forth below. The
lease-purchase agreement or agreements may provide for space to be
used for private commercial purposes. The director shall notify the
chairperson of the Joint Legislative Budget Committee or his or her
designee, and the chairpersons of the committees in each house which
consider appropriations, of his or her intention to execute the
lease-purchase agreement or agreements at least 20 days prior to its
execution.
   The property referred to above is legally described as follows:
THAT PORTION OF THE PROPERTY OF C.E. THOM, IN THE CITY OF LOS
ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 72, PAGE 45 OF MISCELLANEOUS RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING IN THE NORTHWEST LINE OF LOS ANGELES STREET, 77 FEET WIDE,
AS ESTABLISHED BY THE CITY ENGINEER OF SAID CITY, DISTANT THEREON
SOUTH 38 DEGREES 41 FEET 30 INCHES WEST 219.30 FEET FROM THE
SOUTHWEST LINE OF THIRD STREET, 60 FEET WIDE, AS ESTABLISHED BY SAID
ENGINEER; THENCE NORTH 54 DEGREES 24 FEET WEST 124.05 FEET TO THE
SOUTHEAST LINE OF DOMITILA COHN PANORAMA PROPERTY AS PER MAP RECORDED
IN BOOK 12, PAGE 161 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE ALONG SAID LINE SOUTH 34 DEGREES 05 FEET WEST
25.79 FEET TO AN ANGLE POINT THEREIN; THENCE ALONG SAID LINE SOUTH 51
DEGREES 45 FEET WEST 16.54 FEET TO THE NORTHEAST LINE OF LAND
DESCRIBED IN DEED RECORDED IN BOOK 3746, PAGE 101 OF DEEDS, RECORDS
OF SAID COUNTY; THENCE ALONG SAID NORTHEAST LINE SOUTH 43 DEGREES 50
FEET EAST 126.61 FEET TO SAID NORTHWEST LINE OF LOS ANGELES STREET;
THENCE ALONG SAID STREET, NORTH 38 DEGREES 41 FEET 30 INCHES EAST 65
FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THAT PORTION OF THE
PROPERTY OF C.E. THOM, IN THE CITY OF LOS ANGELES, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 72, PAGE 45
OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF
THE NORTHERLY LINE OF THE BAKER TRACT, AS PER MAP RECORDED IN BOOK 5,
PAGE 459, MISCELLANEOUS RECORDS OF SAID COUNTY, WITH THE WESTERLY
LINE OF LOS ANGELES STREET, AS WIDENED BY DECREE OF CONDEMNATION
RECORDED IN BOOK 2088, PAGE 256 OF DEEDS; THENCE NORTH 38 DEGREES 35
FEET EAST ALONG SAID LINE OF LOS ANGELES STREET, 50.45 FEET; THENCE
NORTH 43 DEGREES 40 FEET WEST, PARALLEL WITH SAID NORTHERLY LINE OF
THE BAKER TRACT, AND 50 FEET AT RIGHT ANGLES THEREFROM, 130 FEET,
MORE OR LESS, TO A POINT IN THE SOUTHEASTERLY LINE OF DOMITILA COHN
PANORAMA PROPERTY, AS PER MAP RECORDED IN BOOK 12, PAGE 161 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 51
DEGREES 45 FEET WEST ALONG SAID SOUTHEASTERLY LINE, 50 FEET, MORE OR
LESS, TO SAID NORTHERLY LINE OF SAID BAKER TRACT; THENCE SOUTH 43
DEGREES 40 FEET EAST ALONG SAID NORTHERLY LINE OF SAID BAKER TRACT,
138 FEET TO THE POINT OF BEGINNING.

   (b) In as much as it is in the best interest of the people of the
State of California to consolidate state offices in the City of Los
Angeles as described in subdivision (a), at the earliest opportunity,
a "design-build" concept may be utilized in meeting the objective of
this section.
   (c) Notwithstanding any other provision of law, the joint powers
authority described in subdivision (a) shall have the authority to
borrow from the Pooled Money Investment Account as provided in
Sections 16312 and 16313.



14669.6.  Notwithstanding Section 14669, if the plan requested
pursuant to Resolution Chapter 131 of the Statutes of 1991 has been
completed, the Director of General Services may enter into a lease
with an option to purchase, with an initial option purchase price
that exceeds two million dollars ($2,000,000), for the purpose of
providing office, warehouse, parking, and related facilities to
consolidate the operations of the California Environmental Protection
Agency. The director shall not exercise the option unless
specifically authorized to do so by the Legislature and unless the
director has made a finding that the proposed facility and site
conforms to the plan requested pursuant to Resolution Chapter 131 of
the Statutes of 1991.
   Except for a renewal of an existing lease to include an option to
purchase, the director shall solicit written bids for any lease with
an option to purchase in a newspaper of general circulation in the
counties in which the project may be located. All bids received shall
be publicly opened and the lease awarded to the lowest responsible
bidder. If the director deems the acceptance of the lowest
responsible bid is not in the best interest of the state, he or she
may reject all bids.



14669.65.  Notwithstanding Section 14669, if the plan requested
pursuant to Resolution Chapter 131 of the Statutes of 1991 has been
completed, the Director of General Services may enter into a lease
with an option to purchase or a lease with an option to
lease-purchase, with an initial option purchase price that exceeds
two million dollars ($2,000,000), for the purpose of providing
office, parking, and related facilities to consolidate the operations
of the Department of Justice. The director shall not exercise the
option unless specifically authorized to do so by the Legislature and
unless the director has made a finding that the proposed facility
and site conforms to the plan requested pursuant to Resolution
Chapter 131 of the Statutes of 1991.
   Except for a renewal of an existing lease to include an option to
purchase, the director shall solicit written bids for any lease with
an option to purchase in a newspaper of general circulation in the
counties in which the project may be located. All bids received shall
be publicly opened and the lease awarded to the lowest responsible
bidder. The option price may be considered when evaluating the lowest
responsible bid. If the director deems the acceptance of the lowest
responsible bid is not in the best interest of the state, he or she
may reject all bids.



14669.7.  The Director of General Services may enter into an
agreement with federal authorities to sell, lease, or exchange land
at the Northern California Women's Facility, as described in
subdivision (o) of Section 5003 of the Penal Code. The conditions of
the sale, lease, or exchange shall be in the best interests of the
state. If used for the incarceration of inmates, any facility located
on this land shall utilize state employees.



14669.8.  (a) Notwithstanding any other provision of law, the
Director of General Services may enter into an amendment to the
existing joint powers agreement with the San Francisco Redevelopment
Agency in connection with the redevelopment of the 350 McAllister/455
Golden Gate block in the City and County of San Francisco. The
redevelopment shall include, but not be limited to, demolition of
existing structures, renovation, financing, planning, acquisition,
construction and equipping, and furnishing of new state office
buildings and parking facilities, and any betterments, improvements,
and facilities related thereto, in the San Francisco Civic Center
Area. In connection therewith, the director may enter into a
lease-purchase agreement, an agreement for the appointment of a bond
trustee, any other documents and agreements in connection with the
financing by sale of bonds or otherwise of the development, and an
agreement for the department to act as agent for acquisition,
planning, and construction matters, each of which agreements shall be
with the joint powers authority created under the joint powers
agreement. In connection with the development of any agreements
authorized by this section or any work or expenses related thereto,
the joint powers authority may use any funds lawfully available to it
for those purposes, and the department is empowered to use and
expend those funds in accordance with the terms of any agreement
between the department and the joint powers authority for the
carrying out of the works on the development. The Treasurer shall be
the agent for sale, as defined in Chapter 9 (commencing with Section
5700) of Division 6 of Title 1, for any financing authorized by this
section.
   (b) Inasmuch as it is in the best interest of the people of the
State of California to consolidate state offices in the San Francisco
Civic Center Area as described in subdivision (a), at the earliest
opportunity, a "design-build" concept may be utilized in meeting the
objective of this section.
   (c) Notwithstanding any other provision of law, the joint power	
	











































		
		
	

	
	
	

			

			
		

		

State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 14660-14684.1

GOVERNMENT CODE
SECTION 14660-14684.1



14660.  The director may acquire title to real property in the name
of the state whenever the acquisition of real property is authorized
or contemplated by law, if no other state agency is specifically
authorized and directed to acquire it. However, after January 1,
1980, if the property is to be constructed, purchased, or leased, or
any interest is acquired in the property, for a period of five years
firm term or more, and the property is located in a standard
metropolitan statistical area (SMSA) with a population of 250,000 or
more according to the most recent decennial census, which is served
by a public transit operator, as defined in Section 99210 of the
Public Utilities Code, and is not located within a public transit
corridor, as defined in Section 50093.5 of the Health and Safety
Code, the property shall be subject to the determination required in
Section 15808.1.
   For purposes of this section, "construction" does not include
repair or furnishing.



14660.1.  (a) Notwithstanding subdivision (b) of Section 14669, the
Director of General Services, on behalf of the state, may enter into
an agreement to convert an existing lease or leases for real property
located in the City of Sacramento into a lease-purchase agreement
for the purpose of acquiring office and parking facilities, and any
other improvements, betterments, and facilities related thereto to
provide office space for any state agency. The total purchase price,
excluding financing costs, shall not exceed the market value as
determined by the Department of General Services. The state may incur
costs of financing, including, but not limited to, interest during
acquisition of these facilities, interest payable on any interim loan
from the Pooled Money Investment Account pursuant to Section 16312
or 16313, a reasonably required reserve fund, and the costs of
issuance of interim financing or permanent financing, planning funds,
and funds for environmental documents that may be necessary for
acquisition of these facilities.
   (b) The Director of General Services may proceed with acquisition
pursuant to subdivision (a) if the total cost through ownership based
on an analysis of savings to the state over a period commensurate
with the useful life of the building, including the factoring in of
the cost of the building, is determined to be of significant savings
to the state.
   (c) Revenue bonds, negotiable notes, and negotiable bond
anticipation notes may be issued by the State Public Works Board
pursuant to the State Building Construction Act of 1955 (Part 10b
(commencing with Section 15800)), to finance the acquisition of an
office building and parking facilities, and any other improvements,
betterments, and facilities related thereto, as specified in
subdivision (a).
   (d) The amount of the revenue bonds, negotiable notes, or
negotiable bond anticipation notes to be sold shall equal the cost of
acquisition and related costs, including financing, of the complex
and facilities.
   (e) The amount of negotiable bond anticipation notes sold shall
not exceed the amount of revenue bonds and negotiable notes
authorized by this section. Any augmentation of the approved project
costs shall be subject to Section 13332.11. The board may borrow
funds for project costs from the Pooled Money Investment Account
pursuant to Section 16312 or 16313.
   (f) The Director of General Services may lease the complex and
facilities financed with the proceeds of the revenue bonds,
negotiable notes, or negotiable bond anticipation notes from the
board pursuant to this section for use by any state agency.
   (g) The Director of General Services shall not utilize this
section for more than one project as outlined in the report provided
for in subdivision (b). Any other agreements shall be entered into as
otherwise provided for in this article.


14660.5.  Whenever by statutory enactment or operation of law, a
state agency is abolished or ceases to function, the control and
possession of its assets, unless otherwise provided by law, shall
vest in the Department of General Services for such use or
disposition as the department may deem in the best interest of the
state. In the event such state agency was entirely or substantially
supported from a special fund, any moneys arising out of the use or
disposition of such assets shall be deposited in such special fund or
its successor fund. The unencumbered balance of the assets of a
special fund which has been abolished or repealed shall be disposed
of pursuant to Sections 16346 to 16350, inclusive.



14661.  (a) For the purposes of this section, the definitions in
subdivision (a) of Section 13332.19 shall apply.
   (b) Notwithstanding any provision of the Public Contract Code or
any other provision of law, when the Legislature authorizes the use
of the design-build construction procurement process for a specific
project, the Director of General Services may contract and procure
state office facilities and other buildings, structures, and related
facilities pursuant to this section.
   (c) Prior to contracting with a design-build entity for the
procurement of state office facilities and other state buildings and
structures, the director shall:
   (1) Prepare a program setting forth the performance criteria for
the design-build project. The performance criteria shall be prepared
by a design professional duly licensed and registered in the State of
California.
   (2) (A) Establish a competitive prequalification and selection
process for design-build entities, including any subcontractors
listed at the time of bid, that clearly specifies the
prequalification criteria, and states the manner in which the winning
design-build entity will be selected.
   (B) Prequalification shall be limited to consideration of all of
the following criteria:
   (i) Possession of all required licenses, registration, and
credentials in good standing that are required to design and
construct the project.
   (ii) Submission of evidence that establishes that the design-build
entity members have completed, or demonstrated the capability to
complete, projects of similar size, scope, or complexity, and that
proposed key personnel have sufficient experience and training to
competently manage and complete the design and construction of the
project.
   (iii) Submission of a proposed project management plan that
establishes that the design-build entity has the experience,
competence, and capacity needed to effectively complete the project.
   (iv) Submission of evidence that establishes that the design-build
entity has the capacity to obtain all required payment and
performance bonding, liability insurance, and errors and omissions
insurance, as well as a financial statement that assures the
department that the design-build entity has the capacity to complete
the project.
   (v) Provision of a declaration certifying that applying members of
the design-build entity have not had a surety company finish work on
any project within the last five years.
   (vi) Provision of information and a declaration providing detail
concerning all of the following:
   (I) Any construction or design claim or litigation totaling more
than five hundred thousand dollars ($500,000) or 5 percent of the
annual value of work performed, whichever is less, settled against
any member of the design-build entity over the last five years.
   (II) Serious violations of the Occupational Safety and Health Act,
as provided in Part 1 (commencing with Section 6300) of Division 5
of the Labor Code, settled against any member of the design-build
entity.
   (III) Violations of federal or state law, including, but not
limited to, those laws governing the payment of wages, benefits, or
personal income tax withholding, or of Federal Insurance
Contributions Act (FICA) withholding requirements, state disability
insurance withholding, or unemployment insurance payment
requirements, settled against any member of the design-build entity
over the last five years. For the purposes of this subclause, only
violations by a design-build member as an employer shall be deemed
applicable, unless it is shown that the design-build entity member,
in his or her capacity as an employer, had knowledge of his or her
subcontractor's violations or failed to comply with the conditions
set forth in subdivision (b) of Section 1775 of the Labor Code.
   (IV) Information required by Section 10162 of the Public Contract
Code.
   (V) Violations of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code), excluding alleged violations or complaints.
   (VI) Any conviction of any member of the design-build entity of
submitting a false or fraudulent claim to a public agency over the
last five years.
   (vii) Provision of a declaration that the design-build entity will
comply with all other provisions of law applicable to the project,
including, but not limited to, the requirements of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor
Code.
   (C) The director, when requested by the design-build entity, shall
hold in confidence any information required by clauses (i) to (vi),
inclusive.
   (D) Any declaration required under subparagraph (B) shall state
that reasonable diligence has been used in its preparation and that
it is true and complete to the best of the signer's knowledge. A
person who certifies as true any material matter that he or she knows
to be false is guilty of a misdemeanor and shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both the fine and imprisonment.
   (3) (A) Determine, as he or she deems in the best interests of the
state, which of the following methods listed in subparagraph (B)
will be used as the process for the winning design-build entity. The
director shall provide a notification to the State Public Works
Board, regarding the method selected for determining the winning
design-build entity, at least 30 days prior to publicizing the
design-build solicitation package.
   (B) The director shall make his or her determination by choosing
one of the following methods:
   (i) A design-build competition based upon performance, price, and
other criteria set forth by the department in the design-build
solicitation package. The department shall establish technical
criteria and methodology, including price, to evaluate proposals and
shall describe the criteria and methodology in the design-build
solicitation package. Award shall be made to the design-build entity
whose proposal is judged as providing the best value in meeting the
interest of the department and meeting the objectives of the project.
A project with an approved budget of ten million dollars
($10,000,000) or more may be awarded pursuant to this clause.
   (ii) A design-build competition based upon performance and other
criteria set forth by the department in the design-build solicitation
package. Criteria used in this evaluation of proposals may include,
but need not be limited to, items such as proposed design approach,
life-cycle costs, project features, and functions. However, any
criteria and methods used to evaluate proposals shall be limited to
those contained in the design-build solicitation package. Award shall
be made to the design-build entity whose proposal is judged as
providing the best value, for the lowest price, meeting the interests
of the department and meeting the objectives of the project. A
project with an approved budget of ten million dollars ($10,000,000)
or more may be awarded pursuant to this clause.
   (iii) A design-build competition based upon program requirements
and a detailed scope of work, including any performance criteria and
concept drawings set forth by the department in the design-build
solicitation package. Award shall be made on the basis of the lowest
responsible bid. A project with an approved budget of two hundred
fifty thousand dollars ($250,000) or more may be awarded pursuant to
this clause.
   (4) For the purposes of this subdivision, the following
definitions shall apply:
   (A) "Best interest of the state" means a design-build process that
is projected by the director to reduce the project delivery schedule
and total cost of a project while maintaining a high level of
quality workmanship and materials, when compared to the traditional
design-bid-build process.
   (B) "Best value" means a value determined by objective criteria
that may include, but is not limited to, price, features, functions,
life cycle costs, experience, and other criteria deemed appropriate
by the department.
   (d) The Legislature recognizes that the design-build entity is
charged with performing both design and construction. Because a
design-build contract may be awarded prior to the completion of the
design, it is often impracticable for the design-build entity to list
all subcontractors at the time of the award. As a result, the
subcontractor listing requirements contained in Chapter 4 (commencing
with Section 4100) of Part 1 of Division 2 of the Public Contract
Code can create a conflict with the implementation of the
design-build process by requiring all subcontractors to be listed at
a time when a sufficient set of plans may not be available. It is the
intent of the Legislature to establish a clear process for the
selection and award of subcontracts entered into pursuant to this
section in a manner that retains protection for subcontractors while
enabling design-build projects to be administered in an efficient
fashion. Therefore, all of the following requirements shall apply to
subcontractors, licensed pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code,
that are employed on design-build projects undertaken pursuant to
this section:
   (1) The department, in each design-build solicitation package, may
identify types of subcontractors, by subcontractor license
classification, that will be listed by the design-build entity at the
time of the bid. In selecting the subcontractors that will be listed
by the design-build entity, the department shall limit the
identification to only those license classifications deemed essential
for proper completion of the project. In no event, however, may the
department specify more than five licensed subcontractor
classifications. In addition, at its discretion, the design-build
entity may list an additional two subcontractors, identified by
subcontractor license classification, that will perform design or
construction work, or both, on the project. In no event shall the
design-build entity list at the time of bid a total amount of
subcontractors that will perform design or construction work, or
both, in a total of more than seven subcontractor license
classifications on a project. All subcontractors that are listed at
the time of bid shall be afforded all of the protection contained in
Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of
the Public Contract Code. All subcontracts that were not listed by
the design-build entity at the time of bid shall be awarded in
accordance with paragraph (2).
   (2) All subcontracts that were not to be performed by the
design-build entity in accordance with paragraph (1) shall be
competitively bid and awarded by the design-build entity, in
accordance with the design-build process set forth by the department
in the design-build solicitation package. The design-build entity
shall do all of the following:
   (A) Provide public notice of the availability of work to be
subcontracted in accordance with Section 10140 of the Public Contract
Code.
   (B) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with Section 10141 of the Public
Contract Code.
   (C) As authorized by the department, establish reasonable
prequalification criteria and standards, limited in scope to those
detailed in paragraph (2) of subdivision (c).
   (D) Provide that the subcontracted work shall be awarded to the
lowest responsible bidder.
   (e) This section shall not be construed and is not intended to
extend or limit the authority specified in Section 19130.
   (f) Any design-build entity that is selected to design and
construct a project pursuant to this section shall possess or obtain
sufficient bonding consistent with applicable provisions of the
Public Contract Code. Nothing in this section shall prohibit a
general or engineering contractor from being designated the lead
entity on a design-build entity for the purposes of purchasing
necessary bonding to cover the activities of the design-build entity.
   (g) Any payment or performance bond written for the purposes of
this section shall use a bond form developed by the department. In
developing the bond form, the department shall consult with the
surety industry to achieve a bond form that is consistent with surety
industry standards, while protecting the interests of the state.




14661.1.  (a) For purposes of this section, the definitions in
subdivision (a) of Section 13332.19 shall apply. For purposes of
subdivision (a) of Section 13332.19, references to the Department of
General Services shall be deemed to be references to the Department
of General Services or the Department of Corrections and
Rehabilitation, as applicable.
   (b) Notwithstanding any provision of the Public Contract Code or
any other provision of law, when the Legislature appropriates funds
for a specific project, or for any project using funds appropriated
pursuant to Chapter 3.2.1 (commencing with Section 15819.40) or 3.2.2
(commencing with Section 15819.41) of Part 10b of this division, the
Director of General Services or the Secretary of the Department of
Corrections and Rehabilitation, as appropriate, may contract and
procure state office facilities and prison facilities pursuant to
this section.
   (c) Prior to contracting with a design-build entity for the
procurement of a state office facility or prison facility under this
section, the Director of General Services or the Secretary of the
Department of Corrections and Rehabilitation shall:
   (1) Prepare a program setting forth the performance criteria for
the design-build project. The performance criteria shall be prepared
by a design professional duly licensed and registered in the State of
California.
   (2) (A) Establish a competitive prequalification and selection
process for design-build entities, including any subcontractors
listed at the time of bid, that clearly specifies the
prequalification criteria, and states the manner in which the winning
design-build entity will be selected.
   (B) Prequalification shall be limited to consideration of all of
the following criteria:
   (i) Possession of all required licenses, registration, and
credentials in good standing that are required to design and
construct the project.
   (ii) Submission of evidence that establishes that the design-build
entity members have completed, or demonstrated the capability to
complete, projects of similar size, scope, or complexity, and that
proposed key personnel have sufficient experience and training to
competently manage and complete the design and construction of the
project.
   (iii) Submission of a proposed project management plan that
establishes that the design-build entity has the experience,
competence, and capacity needed to effectively complete the project.
   (iv) Submission of evidence that establishes that the design-build
entity has the capacity to obtain all required payment and
performance bonding, liability insurance, and errors and omissions
insurance, as well as a financial statement that assures the
Department of General Services or the Department of Corrections and
Rehabilitation that the design-build entity has the capacity to
complete the project.
   (v) Provision of a declaration certifying that applying members of
the design-build entity have not had a surety company finish work on
any project within the last five years.
   (vi) Provision of information and a declaration providing detail
concerning all of the following:
   (I) Any construction or design claim or litigation totaling more
than five hundred thousand dollars ($500,000) or 5 percent of the
annual value of work performed, whichever is less, settled against
any member of the design-build entity over the last five years.
   (II) Serious violations of the California Occupational Safety and
Health Act of 1973, as provided in Part 1 (commencing with Section
6300) of Division 5 of the Labor Code, settled against any member of
the design-build entity.
   (III) Violations of federal or state law, including, but not
limited to, those laws governing the payment of wages, benefits, or
personal income tax withholding, of Federal Insurance Contributions
Act (FICA) withholding requirements, state disability insurance
withholding, or unemployment insurance payment requirements, settled
against any member of the design-build entity over the last five
years. For purposes of this subclause, only violations by a
design-build member as an employer shall be deemed applicable, unless
it is shown that the design-build entity member, in his or her
capacity as an employer, had knowledge of his or her subcontractor's
violations or failed to comply with the conditions set forth in
subdivision (b) of Section 1775 of the Labor Code.
   (IV) Information required by Section 10162 of the Public Contract
Code.
   (V) Violations of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code), excluding alleged violations or complaints.
   (VI) Any conviction of any member of the design-build entity of
submitting a false or fraudulent claim to a public agency over the
last five years.
   (vii) Provision of a declaration that the design-build entity will
comply with all other provisions of law applicable to the project,
including, but not limited to, the requirements of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor
Code.
   (C) The Director of General Services or the Secretary of the
Department of Corrections and Rehabilitation, when requested by the
design-build entity, shall hold in confidence any information
required by clauses (i) to (vi), inclusive, of subparagraph (B).
   (D) Any declaration required under subparagraph (B) shall state
that reasonable diligence has been used in its preparation and that
it is true and complete to the best of the signer's knowledge. A
person who certifies as true any material matter that he or she knows
to be false is guilty of a misdemeanor and shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both the fine and imprisonment.
   (3) (A) Determine, as he or she deems in the best interests of the
state, which of the following methods listed in subparagraph (B)
will be used as the process for the winning design-build entity. He
or she shall provide a notification to the State Public Works Board,
regarding the method selected for determining the winning
design-build entity, at least 30 days prior to publicizing the
design-build solicitation package.
   (B) The Director of General Services or the Secretary of the
Department of Corrections and Rehabilitation shall make his or her
determination by choosing one of the following methods:
   (i) A design-build competition based upon performance, price, and
other criteria set forth by the Department of General Services or the
Department of Corrections and Rehabilitation in the design-build
solicitation package. The Department of General Services or the
Department of Corrections and Rehabilitation shall establish
technical criteria and methodology, including price, to evaluate
proposals and shall describe the criteria and methodology in the
design-build solicitation package. Award shall be made to the
design-build entity whose proposal is judged as providing the best
value in meeting the interests of the Department of General Services
or the Department of Corrections and Rehabilitation and meeting the
objectives of the project. A project with an approved budget of ten
million dollars ($10,000,000) or more may be awarded pursuant to this
clause.
   (ii) A design-build competition based upon performance and other
criteria set forth by the Department of General Services or the
Department of Corrections and Rehabilitation in the design-build
solicitation package. Criteria used in this evaluation of proposals
may include, but need not be limited to, items such as proposed
design approach, life-cycle costs, project features, and functions.
However, any criteria and methods used to evaluate proposals shall be
limited to those contained in the design-build solicitation package.
Award shall be made to the design-build entity whose proposal is
judged as providing the best value, for the lowest price, meeting the
interests of the Department of General Services or the Department of
Corrections and Rehabilitation and meeting the objectives of the
project. A project with an approved budget of ten million dollars
($10,000,000) or more may be awarded pursuant to this clause.
   (iii) A design-build competition based upon program requirements
and a detailed scope of work, including any performance criteria and
concept drawings set forth by the Department of General Services or
the Department of Corrections and Rehabilitation in the design-build
solicitation package. Award shall be made on the basis of the lowest
responsible bid. A project with an approved budget of two hundred
fifty thousand dollars ($250,000) or more may be awarded pursuant to
this clause.
   (4) For purposes of this subdivision, the following definitions
shall apply:
   (A) "Best interest of the state" means a design-build process that
is projected by the Director of General Services or the Secretary of
the Department of Corrections and Rehabilitation to reduce the
project delivery schedule and total cost of a project while
maintaining a high level of quality workmanship and materials, when
compared to the traditional design-bid-build process.
   (B) "Best value" means a value determined by objective criteria
that may include, but are not limited to, price, features, functions,
life-cycle costs, experience, and other criteria deemed appropriate
by the Department of General Services or the Department of
Corrections and Rehabilitation.
   (d) The Legislature recognizes that the design-build entity is
charged with performing both design and construction. Because a
design-build contract may be awarded prior to the completion of the
design, it is often impracticable for the design-build entity to list
all subcontractors at the time of the award. As a result, the
subcontractor listing requirements contained in Chapter 4 (commencing
with Section 4100) of Part 1 of Division 2 of the Public Contract
Code can create a conflict with the implementation of the
design-build process by requiring all subcontractors to be listed at
a time when a sufficient set of plans shall not be available. It is
the intent of the Legislature to establish a clear process for the
selection and award of subcontracts entered into pursuant to this
section in a manner that retains protection for subcontractors while
enabling design-build projects to be administered in an efficient
fashion. Therefore, all of the following requirements shall apply to
subcontractors, licensed pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code,
that are employed on design-build projects undertaken pursuant to
this section:
   (1) The Department of General Services and the Department of
Corrections and Rehabilitation, in each design-build solicitation
package, may identify types of subcontractors, by subcontractor
license classification, that will be listed by the design-build
entity at the time of the bid. In selecting the subcontractors that
will be listed by the design-build entity, the Department of General
Services and the Department of Corrections and Rehabilitation shall
limit the identification to only those license classifications deemed
essential for proper completion of the project. In no event,
however, may the Department of General Services or the Department of
Corrections and Rehabilitation specify more than five licensed
subcontractor classifications. In addition, at its discretion, the
design-build entity may list an additional two subcontractors,
identified by subcontractor license classification, that will perform
design or construction work, or both, on the project. In no event
shall the design-build entity list at the time of bid a total number
of subcontractors that will perform design or construction work, or
both, in a total of more than seven subcontractor license
classifications on a project. All subcontractors that are listed at
the time of bid shall be afforded all of the protection contained in
Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of
the Public Contract Code. All subcontracts that were not listed by
the design-build entity at the time of bid shall be awarded in
accordance with paragraph (2).
   (2) All subcontracts that were not to be performed by the
design-build entity in accordance with paragraph (1) shall be
competitively bid and awarded by the design-build entity, in
accordance with the design-build process set forth by the Department
of General Services or the Department of Corrections and
Rehabilitation in the design-build solicitation package. The
design-build entity shall do all of the following:
   (A) Provide public notice of the availability of work to be
subcontracted in accordance with Section 10140 of the Public Contract
Code.
   (B) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with Section 10141 of the Public
Contract Code.
   (C) As authorized by the Department of General Services or the
Department of Corrections and Rehabilitation, establish reasonable
prequalification criteria and standards, limited in scope to those
detailed in paragraph (2) of subdivision (c).
   (D) Provide that the subcontracted work shall be awarded to the
lowest responsible bidder.
   (e) This section shall not be construed and is not intended to
extend or limit the authority specified in Section 19130.
   (f) Any design-build entity that is selected to design and
construct a project pursuant to this section shall possess or obtain
sufficient bonding consistent with applicable provisions of the
Public Contract Code. Nothing in this section shall prohibit a
general or engineering contractor from being designated the lead
entity on a design-build entity for the purposes of purchasing
necessary bonding to cover the activities of the design-build entity.
   (g) Any payment or performance bond written for the purposes of
this section shall use a bond form developed by the Department of
General Services or the Department of Corrections and Rehabilitation.
In developing the bond form, the Department of General Services or
the Department of Correction and Rehabilitation shall consult with
the surety industry to achieve a bond form that is consistent with
surety industry standards, while protecting the interests of the
state.
   (h) The Department of General Services or the Department of
Corrections and Rehabilitation, as appropriate, shall each submit to
the Joint Legislative Budget Committee, before January 1, 2014, a
report containing a description of each public works project procured
by that department through the design-build process described in
this section that is completed after January 1, 2009, and before
December 1, 2013. The report shall include, but shall not be limited
to, all of the following information:
   (1) The type of project.
   (2) The gross square footage of the project.
   (3) The design-build entity that was awarded the project.
   (4) The estimated and actual project costs.
   (5) An assessment of the prequalification process and criteria.
   (6) An assessment of the effect of any retention on the project
made under the law.
   (7) A description of the method used to award the contract. If the
best value method was used, the report shall describe the factors
used to evaluate the bid, including the weighting of each factor and
an assessment of the effectiveness of the methodology.
   (i) The authority provided under this section shall be in addition
to the authority provided to the Department of General Services
pursuant to Section 4 of Chapter 252 of the Statutes of 1998, as
amended by Section 3 of Chapter 154 of the Statutes of 2007. The
authority under this section and Section 70391.7 shall apply to a
total of not more than five state office facilities, prison
facilities, or court facilities, which shall be determined pursuant
to this subdivision.
   (1) In order to enter into a contract utilizing the procurement
method authorized under this section, the Director of General
Services or the Secretary of the Department of Corrections and
Rehabilitation shall submit a request to the Department of Finance.
   (2) The Department of Finance shall make a determination whether
to approve or deny a request made pursuant to paragraph (1) if the
design-build project requested will not exceed the five facilities
maximum set forth in this section and Section 70391.7.
   (3) After receiving notification that the Department of Finance
has approved the request and that the Legislature has appropriated
funds for a specific project, the director or secretary may enter
into a design-build contract under this section.
   (j) Nothing in this section is intended to affect, expand, alter,
or limit any rights or remedies otherwise available under the law.



14662.  The Director of General Services may acquire any easements
or rights-of-way which he determines to be necessary for the proper
utilization of real property owned or being acquired by the state.
   This section does not apply to land, easements, or rights-of-way
to be acquired by the Department of Transportation.




14662.5.  In any agreement entered into whereby the state obtains a
grant of easement, lease, license, right-of-way, or right of entry
(including without limitation, a right-of-way, or right of entry on
or over property of any railroad), the state agency or its director
entering into the agreement on behalf of the state may agree to
indemnify and hold harmless the grantor, lessor, or licensor and may
agree to repair or pay for any damage proximately caused by reason of
the uses authorized by such easement, lease, license, right-of-way,
or right of entry agreement.



14663.  With the consent of the state agency concerned, the director
may establish boundaries between property of the state held in
proprietary capacity and property in private ownership, and execute
and accept in behalf and in the name of the state instruments
necessary to the establishment of any such boundary.



14664.  (a) The director may execute grants to real property
belonging to the state in the name and upon behalf of the state,
whenever the sale or exchange of real property is authorized or
contemplated by law, if no other state agency is specifically
authorized and directed to execute the grants. The director may also
execute deeds or any other instruments necessary to correct erroneous
descriptions on deeds by which the state acquired title.
   (b) (1) Notwithstanding any other provision of law, upon the
written request and consent of the state agency with control or
jurisdiction over the property concerned, the director may sell,
convey, or exchange properties that are not needed by any state
agency at fair market value following a 30-day notice to the Joint
Legislative Budget Committee and the applicable Members of the Senate
and Assembly who represent the district in which the properties are
located, under any of the following circumstances:
   (A) Property, not to exceed five acres, to a local governmental
agency for the purpose of local public works projects, including, but
not limited to, utility rights-of-way, drainage ditches, road
widening, including curbs, gutters, sidewalks, and small parking
lots.
   (B) Property with a fair market value of up to one million dollars
($1,000,000) received by the state through the office of the
Attorney General or another state agency as the result of a
foreclosure, seizure, or court action.
   (C) Property that is being encroached on , where the adjacent
landowner and the state agency with control or jurisdiction over the
property concerned, the director, and the Attorney General agree that
the best manner in which to resolve the matter is through a sale of
the property or for an exchange of property of equal value.
   (D) Property not needed by any state agency with a fair market
value of less than twenty-five thousand dollars ($25,000).
   (2) Any parcel described in subparagraph (B) or (D) shall be
declared surplus in the identical manner as state property declared
surplus pursuant to Section 11011.
   (3) All funds received by the state pursuant to this subdivision
shall be handled in the identical manner as funds received from state
property disposed of pursuant to Section 11011.



14665.  With the consent of the state agency concerned, the director
may execute grants to real property belonging to the state in the
name and upon behalf of the state to the United States of America in
exchange for lands of the latter or for such other considerations, as
the director deems are in the best interests of the state.
   Real property acquired by the state by exchange pursuant to this
section is subject to the laws governing real property of the class
to which it belongs.



14666.  With the approval of the state agency concerned, the
director may grant and convey in the name of the state, easements and
rights-of-way across real property belonging to the state not used
for highway rights-of-way, for such purposes and upon such
consideration and subject to such conditions, limitations,
restrictions, and reservations as he deems are in the interest of the
state. All revenue received in connection with the granting and
conveying of such easements and rights-of-way, including charges made
for administrative costs, shall be deposited in the General Fund for
appropriation as provided in Section 15863. Any expenditure in
connection with the granting and conveying of said easements and
rights-of-way or investigating proposed gifts of real property to the
state may be allocated from the appropriation made pursuant to
Section 15863.


14666.6.  (a) With the approval of the state agency concerned, the
director shall negotiate in the name of the state, access to
state-owned property, not used for highway purposes, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the director to be in the best
interest of the state. To the extent permitted under existing law,
the director shall determine the amount of consideration for, and
means of access, which means shall include, but not be limited to,
any of the following: lease, permit, or other form of providing a
monetary or service consideration for the access.
   (b) The Director of Transportation shall negotiate in the name of
the state, access to state-owned highway rights-of-way, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the Director of Transportation to be
in the best interest of the state. To the extent permitted under
existing law, the Director of Transportation shall determine the
amount of consideration for, and means of access, which means shall
include, but not be limited to, any of the following: lease, permit,
or other form of providing a monetary or service consideration for
the access.
   (c) This section applies to various telecommunications and
information technologies, including, but not limited to, voice data,
video, and fiber-optic technologies.
   (d) Any payments received under the provisions of this section for
a grant or conveyance through land or facilities controlled by the
Department of Transportation, including but not limited to
rights-of-way along the state highway system, shall be deposited in
the State Transportation Fund.



14666.8.  (a) The director shall, within 120 days of the operative
date of this section, compile and maintain an inventory of
state-owned real property that may be available for lease to
providers of wireless telecommunications services for location of
wireless telecommunications facilities. This inventory shall be the
state's sole inventory of state-owned real property available for
this purpose. The term "state-owned real property," as used in this
section, excludes property owned or managed by the Department of
Transportation and property subject to Section 7901 of the Public
Utilities Code.
   (b) The director shall provide, in a cost-effective manner, upon
payment of any applicable fee, a requesting party a copy of the
inventory.
   (c) On behalf of the state, the director may negotiate and enter
into an agreement to lease department-managed and state-owned real
property to any provider of wireless telecommunications services for
location of its facilities. A lease for this purpose shall do all of
the following:
   (1) Provide for fair market value to be paid by the provider of
wireless telecommunications service to the state to the extent
permitted under existing state law.
   (2) Designate a lease term that is acceptable to the director and
the state agency that has control over the property. The duration of
the initial lease term for any wireless facility may not exceed 10
years, and the lease may provide for a negotiated number of renewal
terms, not to exceed five years for each term.
   (3) Provide for the use of the wireless provider's facilities
located on the state-owned real property by any appropriate state
agency if technically, legally, aesthetically, and economically
feasible.
   (4) Facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services for colocation of
their facilities on state-owned real property.
   (d) Nothing in this section alters any existing rights of
telegraph or telephone corporations pursuant to Section 7901 of the
Public Utilities Code.
   (e) Notwithstanding any other provision of law, any revenue
collected from a lease entered into pursuant to this section to use
property that was acquired with money from a fund other than the
General Fund shall be deposited into the fund from which the money
was obtained. Money received and deposited into a fund pursuant to
this section shall be available upon appropriation by the
Legislature, notwithstanding any other provision of law.
   (f) Before making any state-owned real property that is part of
the State Water Resources Development System, as described in Section
12931 of the Water Code, available for leasing under this section,
the director shall consult with the Department of Water Resources as
to whether the proposed location of a wireless telecommunication
facility is technically, legally, environmentally, and economically
feasible for wireless telecommunication purposes.




14667.  With the approval of the state agency concerned, the
director may quitclaim in the name of the state, the right, title and
interest of the state in and to easements and rights-of-way owned by
the state, other than those acquired for highway purposes, which he
determines are no longer needed for state purposes.
   (a) Unless the conveyance of the easement or right-of-way is made
to the federal government, or an agency thereof, or to a county,
city, district, or other local governmental agency of this state, the
director shall comply with the provisions of this subdivision. Prior
to the disposition of any easement or right-of-way owned by the
state pursuant to this section, notice thereof shall be published
pursuant to Section 6061 of the Government Code in a newspaper
published in the county in which the easement or right-of-way is
situated, and if there is no newspaper published in such county,
notice shall be published in a newspaper published in an adjoining
county and shall be posted in at least three public places in the
county in which the easement or right-of-way is situated, including
one posting on the real property in which the easement or
right-of-way is located.
   (b) If the easement or right-of-way was acquired by the state for
a price approximating its market value at the time of acquisition,
the director, when he disposes of such easement or right-of-way shall
make a reasonable effort to obtain as the price for the sale thereof
an amount approximately equivalent to the current market value at
the time of such disposition.



14667.1.  Notwithstanding Section 14616, the director may exempt
from his or her approval, or from the approval of the department, any
state real estate acquisition or conveyance involving not more than
one hundred fifty thousand dollars ($150,000) for which approval is
required by statute whenever, in his or her judgment, the state
agency delegated that authority has the necessary real estate
expertise and experience to complete the transaction competently and
professionally while protecting the best interests of the state.
Written notice of exemptions shall be given to the Controller.



14667.5.  Notwithstanding any other provision of law, for
approximately one million five hundred thousand dollars ($1,500,000)
in road, street, and other improvements and for reasonable
administrative fees, upon the terms, conditions, reservations, and
exceptions that are in the best interests of the state in the opinion
of the Director of General Services, the state shall dedicate to the
City of Santa Clara the right-of-way for a road on the west campus
of Agnews State Hospital, County of Santa Clara. The path of this
road shall run from south to north through vacant land on the
easterly side of the west campus of Agnews State Hospital.




14668.  With the approval of the Governor, the director may by
executive order withdraw from sale any and all public lands belonging
to the state, and return any lands so withdrawn for the purpose of
sale or other disposition in accordance with law.




14669.  (a) The director may hire, lease, lease-purchase, or lease
with the option to purchase any real or personal property for the use
of any state agency, including the Department of General Services,
if he or she deems the hiring or leasing is in the best interests of
the state.
   (b) The director shall not enter into a lease-purchase agreement
that involves office space, unless specifically authorized to do so
by the Legislature. The director shall solicit written bids for any
lease-purchase that involves office space in a newspaper of general
circulation in the county in which the project is located. All bids
received shall be publicly opened and the lease awarded to the lowest
responsible bidder. If the director deems the acceptance of the
lowest responsible bid is not in the best interest of the state, he
or she may reject all bids.



14669.1.  Notwithstanding any other provision of law, the Director
of General Services may enter into a joint powers agreement with the
San Francisco Redevelopment Agency and a land lease and a
lease-purchase agreement with the joint powers agency created under
the joint powers agreement for the purpose of financing and acquiring
state office and parking facilities to be constructed at Golden Gate
and Van Ness Avenues in the City and County of San Francisco. The
Director of General Services shall notify the Chairperson of the
Joint Legislative Budget Committee or his or her designee of his or
her intention to enter into each of the proposed agreements at least
20 days prior to entering into the agreements.



14669.2.  Notwithstanding any other provision of law, the Director
of General Services may enter into a joint powers agreement with the
Oakland Redevelopment Agency and a land lease and a lease-purchase
agreement with the joint powers agency created under the joint powers
agreement, for the purpose of financing and acquiring state office
and parking facilities to be constructed in the downtown
redevelopment area of the City of Oakland, County of Alameda. The
Director of General Services shall notify the Chairperson of the
Joint Legislative Budget Committee or his or her designee of his or
her intention to enter into each of the proposed agreements at least
20 days prior to entering into the agreements.



14669.3.  Notwithstanding any other provision of law, the director
may enter into a lease-purchase agreement, or a lease with an option
to purchase with an initial option purchase price over two million
dollars ($2,000,000) only for the property located at 9645
Butterfield Way in the County of Sacramento, for the purpose of
refinancing state office and parking facilities, and such other
improvements, betterments, and facilities related thereto, for
initial occupancy by the Franchise Tax Board and its staff.
   Pursuant to Section 5702, the Treasurer is hereby authorized to
sell lease revenue bonds, certificates of participation, or any other
form of obligations as he or she shall determine in connection with
this refinancing. The director and the Treasurer, respectively, shall
notify the Chairperson of the Joint Legislative Budget Committee or
his or her designee of the intention to enter into the proposed
lease-purchase agreement or lease with option to purchase or to sell
the obligations authorized in this section, respectively, at least 20
days prior to entering into the agreement or selling these
obligations, respectively.



14669.35.  (a) The Director of General Services may purchase,
exchange, or otherwise acquire real property and construct
facilities, including any improvements, betterments, and related
facilities, in the County of Sacramento, along the Highway 50
corridor in close proximity or contiguous to the Phase I and II sites
of the Franchise Tax Board facilities, and may retrofit the existing
Phase I and II buildings and infrastructure, for the purpose of
acquiring and constructing approximately 1,000,000 square feet of
office and warehouse space for use by state agencies. The site shall
be within a reasonable distance of an existing or planned light rail
station.
   The acquisition of property shall be pursuant to the Property
Acquisition Law (Part 11 (commencing with Section 15850)). In no
event shall the Department of General Services pay more than fair
market value for the sites. The award of construction contracts shall
be to the lowest responsible bidder. The Department of General
Services shall determine which agencies will occupy these facilities
after consulting with senior administrative staff of the affected
agencies and based on which agencies can make the most cost-effective
use of the facilities consistent with the programmatic needs of the
agencies.
   (b) The Department of General Services may contract for the
design, construction, construction management, and other services
related to the design and construction of the office, warehouse,
infrastructure, and parking facilities authorized to be acquired
pursuant to subdivision (a). The Department of General Services shall
prepare preliminary plans before entering into a construction
contract for the project.
   (c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
of Title 2 to finance the acquisition of land and facilities for the
purposes of this section. The State Public Works Board and the
Department of General Services may borrow funds for project costs
from the Pooled Money Investment Account pursuant to Sections 16312
and 16313. In the event the bonds authorized by the project are not
sold, the Department of General Services shall commit a sufficient
amount of its support appropriation to repay any loans made for the
project from the Pooled Money Investment Account. It is the intent of
the Legislature that this commitment shall be included in future
Budget Acts until all outstanding loans from the Pooled Money
Investment Account are repaid either through the proceeds from the
sale of bonds or from an appropriation. In the event the bonds
authorized by the project are not sold, it is the intent of the
Legislature to appropriate sufficient funds from the General Fund to
the Department of General Services specifically to repay any loans
made for the project from the Pooled Money Investment Account.
   (2) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed
the cost of acquisition, including land, construction, preliminary
plans and working drawings, construction management and supervision,
other costs relating to the design and construction of the
facilities, and any additional sums necessary to pay interim and
permanent financing costs. The additional amount may include interest
and a reasonable required reserve fund.
   (3) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings, and construction
shall not exceed two hundred eleven million dollars ($211,000,000).
   (4) Notwithstanding Section 13332.11, the State Public Works Board
may authorize the augmentation of the amount authorized under this
paragraph by up to, but not exceeding, 10 percent of the amount
appropriated.
   (5) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space, including the present facilities, over
the same time period. The Department of General Services shall
perform this analysis, and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer.
   (d) The Director of General Services may execute and deliver a
contract with the State Public Works Board for the lease of the
facilities described in this section that are financed with the
proceeds of the board's bonds, notes, or bond anticipation notes
issued in accordance with this section.
   (e) The Director of General Services shall, not later than 45 days
prior to entering into any agreement to construct facilities, as
specified in subdivision (a), notify the Chairperson of the Joint
Legislative Budget Committee of the pending agreement, including the
information specified in paragraph (5) of subdivision (c). It is the
intent of the Legislature that the Joint Legislative Budget Committee
hold a hearing on the pending agreement.



14669.4.  Notwithstanding Section 14669, the director may enter into
a lease-purchase agreement, or a lease with an option to purchase,
with an initial option purchase price which may exceed two million
dollars ($2,000,000), to provide for a California Conservation Corps
facility and office space in the City of Fortuna in Humboldt County.




14669.5.  (a) Notwithstanding any other provisions of law, the
Director of General Services may enter into an additional amendment
to the existing joint powers agreement with the Community
Redevelopment Agency of the City of Los Angeles dated June 30, 1982,
in connection with the financing, planning, acquisition, equipping,
furnishing, and construction or renovation of an additional office
building or buildings and parking facilities in the City of Los
Angeles in near proximity to the Ronald Reagan State Building and in
connection therewith may enter into a lease-purchase agreement or
agreements, an agreement for the appointment of a bond trustee, and
an agreement or agreements for the Department of General Services to
act as agent for acquisition, planning, and construction or
renovation matters, each of which agreements shall be with the joint
powers authority created under the joint powers agreement. The
amendment to the existing joint powers agreement shall provide that
any authorization under the joint powers agreement for the joint
powers authority to acquire property by means of condemnation
proceedings shall not include the power to condemn the property on
which was located, as of January 1, 1991, that certain homeless women'
s housing and day care center commonly known as the Downtown Women's
Center, which property is legally described as set forth below. The
lease-purchase agreement or agreements may provide for space to be
used for private commercial purposes. The director shall notify the
chairperson of the Joint Legislative Budget Committee or his or her
designee, and the chairpersons of the committees in each house which
consider appropriations, of his or her intention to execute the
lease-purchase agreement or agreements at least 20 days prior to its
execution.
   The property referred to above is legally described as follows:
THAT PORTION OF THE PROPERTY OF C.E. THOM, IN THE CITY OF LOS
ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 72, PAGE 45 OF MISCELLANEOUS RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING IN THE NORTHWEST LINE OF LOS ANGELES STREET, 77 FEET WIDE,
AS ESTABLISHED BY THE CITY ENGINEER OF SAID CITY, DISTANT THEREON
SOUTH 38 DEGREES 41 FEET 30 INCHES WEST 219.30 FEET FROM THE
SOUTHWEST LINE OF THIRD STREET, 60 FEET WIDE, AS ESTABLISHED BY SAID
ENGINEER; THENCE NORTH 54 DEGREES 24 FEET WEST 124.05 FEET TO THE
SOUTHEAST LINE OF DOMITILA COHN PANORAMA PROPERTY AS PER MAP RECORDED
IN BOOK 12, PAGE 161 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE ALONG SAID LINE SOUTH 34 DEGREES 05 FEET WEST
25.79 FEET TO AN ANGLE POINT THEREIN; THENCE ALONG SAID LINE SOUTH 51
DEGREES 45 FEET WEST 16.54 FEET TO THE NORTHEAST LINE OF LAND
DESCRIBED IN DEED RECORDED IN BOOK 3746, PAGE 101 OF DEEDS, RECORDS
OF SAID COUNTY; THENCE ALONG SAID NORTHEAST LINE SOUTH 43 DEGREES 50
FEET EAST 126.61 FEET TO SAID NORTHWEST LINE OF LOS ANGELES STREET;
THENCE ALONG SAID STREET, NORTH 38 DEGREES 41 FEET 30 INCHES EAST 65
FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THAT PORTION OF THE
PROPERTY OF C.E. THOM, IN THE CITY OF LOS ANGELES, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 72, PAGE 45
OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF
THE NORTHERLY LINE OF THE BAKER TRACT, AS PER MAP RECORDED IN BOOK 5,
PAGE 459, MISCELLANEOUS RECORDS OF SAID COUNTY, WITH THE WESTERLY
LINE OF LOS ANGELES STREET, AS WIDENED BY DECREE OF CONDEMNATION
RECORDED IN BOOK 2088, PAGE 256 OF DEEDS; THENCE NORTH 38 DEGREES 35
FEET EAST ALONG SAID LINE OF LOS ANGELES STREET, 50.45 FEET; THENCE
NORTH 43 DEGREES 40 FEET WEST, PARALLEL WITH SAID NORTHERLY LINE OF
THE BAKER TRACT, AND 50 FEET AT RIGHT ANGLES THEREFROM, 130 FEET,
MORE OR LESS, TO A POINT IN THE SOUTHEASTERLY LINE OF DOMITILA COHN
PANORAMA PROPERTY, AS PER MAP RECORDED IN BOOK 12, PAGE 161 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 51
DEGREES 45 FEET WEST ALONG SAID SOUTHEASTERLY LINE, 50 FEET, MORE OR
LESS, TO SAID NORTHERLY LINE OF SAID BAKER TRACT; THENCE SOUTH 43
DEGREES 40 FEET EAST ALONG SAID NORTHERLY LINE OF SAID BAKER TRACT,
138 FEET TO THE POINT OF BEGINNING.

   (b) In as much as it is in the best interest of the people of the
State of California to consolidate state offices in the City of Los
Angeles as described in subdivision (a), at the earliest opportunity,
a "design-build" concept may be utilized in meeting the objective of
this section.
   (c) Notwithstanding any other provision of law, the joint powers
authority described in subdivision (a) shall have the authority to
borrow from the Pooled Money Investment Account as provided in
Sections 16312 and 16313.



14669.6.  Notwithstanding Section 14669, if the plan requested
pursuant to Resolution Chapter 131 of the Statutes of 1991 has been
completed, the Director of General Services may enter into a lease
with an option to purchase, with an initial option purchase price
that exceeds two million dollars ($2,000,000), for the purpose of
providing office, warehouse, parking, and related facilities to
consolidate the operations of the California Environmental Protection
Agency. The director shall not exercise the option unless
specifically authorized to do so by the Legislature and unless the
director has made a finding that the proposed facility and site
conforms to the plan requested pursuant to Resolution Chapter 131 of
the Statutes of 1991.
   Except for a renewal of an existing lease to include an option to
purchase, the director shall solicit written bids for any lease with
an option to purchase in a newspaper of general circulation in the
counties in which the project may be located. All bids received shall
be publicly opened and the lease awarded to the lowest responsible
bidder. If the director deems the acceptance of the lowest
responsible bid is not in the best interest of the state, he or she
may reject all bids.



14669.65.  Notwithstanding Section 14669, if the plan requested
pursuant to Resolution Chapter 131 of the Statutes of 1991 has been
completed, the Director of General Services may enter into a lease
with an option to purchase or a lease with an option to
lease-purchase, with an initial option purchase price that exceeds
two million dollars ($2,000,000), for the purpose of providing
office, parking, and related facilities to consolidate the operations
of the Department of Justice. The director shall not exercise the
option unless specifically authorized to do so by the Legislature and
unless the director has made a finding that the proposed facility
and site conforms to the plan requested pursuant to Resolution
Chapter 131 of the Statutes of 1991.
   Except for a renewal of an existing lease to include an option to
purchase, the director shall solicit written bids for any lease with
an option to purchase in a newspaper of general circulation in the
counties in which the project may be located. All bids received shall
be publicly opened and the lease awarded to the lowest responsible
bidder. The option price may be considered when evaluating the lowest
responsible bid. If the director deems the acceptance of the lowest
responsible bid is not in the best interest of the state, he or she
may reject all bids.



14669.7.  The Director of General Services may enter into an
agreement with federal authorities to sell, lease, or exchange land
at the Northern California Women's Facility, as described in
subdivision (o) of Section 5003 of the Penal Code. The conditions of
the sale, lease, or exchange shall be in the best interests of the
state. If used for the incarceration of inmates, any facility located
on this land shall utilize state employees.



14669.8.  (a) Notwithstanding any other provision of law, the
Director of General Services may enter into an amendment to the
existing joint powers agreement with the San Francisco Redevelopment
Agency in connection with the redevelopment of the 350 McAllister/455
Golden Gate block in the City and County of San Francisco. The
redevelopment shall include, but not be limited to, demolition of
existing structures, renovation, financing, planning, acquisition,
construction and equipping, and furnishing of new state office
buildings and parking facilities, and any betterments, improvements,
and facilities related thereto, in the San Francisco Civic Center
Area. In connection therewith, the director may enter into a
lease-purchase agreement, an agreement for the appointment of a bond
trustee, any other documents and agreements in connection with the
financing by sale of bonds or otherwise of the development, and an
agreement for the department to act as agent for acquisition,
planning, and construction matters, each of which agreements shall be
with the joint powers authority created under the joint powers
agreement. In connection with the development of any agreements
authorized by this section or any work or expenses related thereto,
the joint powers authority may use any funds lawfully available to it
for those purposes, and the department is empowered to use and
expend those funds in accordance with the terms of any agreement
between the department and the joint powers authority for the
carrying out of the works on the development. The Treasurer shall be
the agent for sale, as defined in Chapter 9 (commencing with Section
5700) of Division 6 of Title 1, for any financing authorized by this
section.
   (b) Inasmuch as it is in the best interest of the people of the
State of California to consolidate state offices in the San Francisco
Civic Center Area as described in subdivision (a), at the earliest
opportunity, a "design-build" concept may be utilized in meeting the
objective of this section.
   (c) Notwithstanding any other provision of law, the joint power