15820.100. The Legislature finds and declares all of the following:
(a) On February 14, 2006, the United States District Court in the
case of Plata v. Schwarzenegger (No. C01-1351 TEH) suspended the
exercise of authority by the Secretary of the Department of
Corrections and Rehabilitation related to the administration,
control, management, operation, and financing of the California
prison medical health care system and vested those powers in a
Medical Care Receiver appointed by the court commencing on April 17,
2006, until further order of the court.
(b) These powers included assessing the suitability of existing
medical care facilities and the design and construction of upgrades
or replacement facilities.
(c) It is necessary to design and construct a Central Health
Services Building at San Quentin State Prison to provide medical,
dental, and mental health treatment and a reception center to
inmates.
(d) The purpose of this chapter is to authorize funding solely for
this project and to describe the procurement method that the Medical
Care Receiver is authorized to use for the project.
(e) This chapter is enacted for the sole purpose of addressing the
urgent need for this building and for prison health care and shall
not be cited as precedent for any other purpose.
15820.101. For the purposes of this chapter, the following
definitions apply:
(a) "Department" means the Department of Corrections and
Rehabilitation.
(b) "Medical Care Receiver" means the person appointed by the
United States District Court in the case of Plata v. Schwarzenegger
(No. C01-1351 TEH) to oversee management and operation of the state
prison medical system.
(c) "Project" means the Central Health Services Building at San
Quentin State Prison to provide medical, dental, and mental health
treatment to inmates.
15820.102. (a) In order to expedite the improvement of medical,
dental, and mental health at San Quentin State Prison and to expedite
compliance with the case of Plata v. Schwarzenegger (No. C01-1351
TEH), notwithstanding any other provision of law, the Medical Care
Receiver may solicit proposals and enter into contracts for the
study, planning, design, development, construction, rebuilding,
improvement, or repair, or any combination thereof, for the project
based upon a value-based, competitive negotiation process.
(b) Solicitations or contracts authorized pursuant to this section
may be executed by the Medical Care Receiver through the California
Prison Health Care Receivership Corporation on behalf of the
department. Entities may be selected by the Medical Care Receiver
subject to the oversight of the federal court and to all of the
following criteria:
(1) The Medical Care Receiver shall utilize, as the primary
selection criteria, the demonstrated competence and qualifications
for the studying, planning, design, developing, construction,
rebuilding, improvement, or repair, or any combination thereof, of
the project.
(2) The Medical Care Receiver shall ensure that the project is
delivered under contracts entered into pursuant to this section at a
fair and reasonable price.
(3) The Medical Care Receiver may not enter into any solicitation
or contract that may result in unlawful activity, including, but not
limited to, rebates or kickbacks.
(4) The Medical Care Receiver may not enter into a contract that
uses employees or consultants of the Medical Care Receiver when those
employees or consultants have a relationship with a person or
business entity seeking a contract under this section that would
subject those employees to the prohibition of Section 87100.
(c) The scope and cost of the project shall be subject to approval
and administrative oversight by the board, pursuant to Section
13332.19, except that, for the purposes of this chapter, the duties
assigned to the Director of General Services under that section shall
be performed by the Medical Care Receiver.
15820.103. (a) For purposes of compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), the board shall not be deemed a
lead or responsible agency. However, nothing in this chapter exempts
the department from the requirements of that division.
(b) Proceeds from bonds or notes authorized pursuant to this
chapter shall be used to reimburse the General Fund for any costs
incurred by the department for the preparation of an environmental
impact report and related studies, and for any other costs associated
with compliance with Division 13 (commencing with Section 21000) of
the Public Resources Code in connection with the project.
15820.104. (a) The State Public Works Board may issue up to one
hundred forty-six million one hundred sixty thousand dollars
($146,160,000) in revenue bonds, negotiable notes, or negotiable bond
anticipation notes pursuant to this part, to finance the design and
construction for the project. The revenue bonds, negotiable notes, or
negotiable bond anticipation notes authorized in this chapter shall
reduce the amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes the board is authorized to issue pursuant to
subdivision (a) of Section 15819.403 for the construction authorized
by subdivision (c) of Section 15819.40. None of the provisions of
Chapter 3.2.1 (commencing with Section 15819.40) shall apply to the
project.
(b) The department may borrow funds for project costs from the
Pooled Money Investment Account pursuant to Sections 16312 and 16313
or from any other appropriate source. In the event any of the revenue
bonds, notes, or bond anticipation notes authorized by this chapter
are not sold, the department shall commit a sufficient amount of its
support appropriation to repay loans made from the Pooled Money
Investment Account for an approved project.
(c) The costs of financing include, but are not limited to,
interest during construction of the project, a reasonably required
reserve fund, and the cost of issuance of permanent financing.
(d) The department and the board shall execute and deliver any and
all leases, contracts, agreements, or other documents necessary for
the sale of bonds or other financing for the project.
(e) Proceeds of the revenue bonds, notes, or bond anticipation
notes may be used to reimburse the department for the costs of
preliminary plans, working drawings, and construction for the
project.
(f) Notwithstanding Section 13340, funds derived pursuant to this
section are continuously appropriated for purposes of this chapter.
15820.105. (a) Plans and specifications for the project shall
comply with applicable building codes.
(b) The project is hereby deemed a "public work" project for
purposes of Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code.
(c) The provisions of Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 of the Labor Code shall apply to all public
works contracts entered into for the project.
(d) Other than as provided in this section and Sections 15820.101
to 15820.104, inclusive, private sector methods may be used to
deliver the project. Specifically, the procurement and contracting
for the delivery of the project is not subject to the State Contract
Act (Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code) or any other provision of California law
governing public procurement or public works projects.
15820.105. (a) Plans and specifications for the project shall
comply with applicable building codes.
(b) The project is hereby deemed to be governed by Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil
Code.
(c) The provisions of Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 of the Labor Code shall apply to all public
works contracts entered into for the project.
(d) Other than as provided in this section and Sections 15820.101
to 15820.104, inclusive, private sector methods may be used to
deliver the project. Specifically, the procurement and contracting
for the delivery of the project is not subject to the State Contract
Act (Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code) or any other provision of California law
governing public procurement or public works projects.
15820.100. The Legislature finds and declares all of the following:
(a) On February 14, 2006, the United States District Court in the
case of Plata v. Schwarzenegger (No. C01-1351 TEH) suspended the
exercise of authority by the Secretary of the Department of
Corrections and Rehabilitation related to the administration,
control, management, operation, and financing of the California
prison medical health care system and vested those powers in a
Medical Care Receiver appointed by the court commencing on April 17,
2006, until further order of the court.
(b) These powers included assessing the suitability of existing
medical care facilities and the design and construction of upgrades
or replacement facilities.
(c) It is necessary to design and construct a Central Health
Services Building at San Quentin State Prison to provide medical,
dental, and mental health treatment and a reception center to
inmates.
(d) The purpose of this chapter is to authorize funding solely for
this project and to describe the procurement method that the Medical
Care Receiver is authorized to use for the project.
(e) This chapter is enacted for the sole purpose of addressing the
urgent need for this building and for prison health care and shall
not be cited as precedent for any other purpose.
15820.101. For the purposes of this chapter, the following
definitions apply:
(a) "Department" means the Department of Corrections and
Rehabilitation.
(b) "Medical Care Receiver" means the person appointed by the
United States District Court in the case of Plata v. Schwarzenegger
(No. C01-1351 TEH) to oversee management and operation of the state
prison medical system.
(c) "Project" means the Central Health Services Building at San
Quentin State Prison to provide medical, dental, and mental health
treatment to inmates.
15820.102. (a) In order to expedite the improvement of medical,
dental, and mental health at San Quentin State Prison and to expedite
compliance with the case of Plata v. Schwarzenegger (No. C01-1351
TEH), notwithstanding any other provision of law, the Medical Care
Receiver may solicit proposals and enter into contracts for the
study, planning, design, development, construction, rebuilding,
improvement, or repair, or any combination thereof, for the project
based upon a value-based, competitive negotiation process.
(b) Solicitations or contracts authorized pursuant to this section
may be executed by the Medical Care Receiver through the California
Prison Health Care Receivership Corporation on behalf of the
department. Entities may be selected by the Medical Care Receiver
subject to the oversight of the federal court and to all of the
following criteria:
(1) The Medical Care Receiver shall utilize, as the primary
selection criteria, the demonstrated competence and qualifications
for the studying, planning, design, developing, construction,
rebuilding, improvement, or repair, or any combination thereof, of
the project.
(2) The Medical Care Receiver shall ensure that the project is
delivered under contracts entered into pursuant to this section at a
fair and reasonable price.
(3) The Medical Care Receiver may not enter into any solicitation
or contract that may result in unlawful activity, including, but not
limited to, rebates or kickbacks.
(4) The Medical Care Receiver may not enter into a contract that
uses employees or consultants of the Medical Care Receiver when those
employees or consultants have a relationship with a person or
business entity seeking a contract under this section that would
subject those employees to the prohibition of Section 87100.
(c) The scope and cost of the project shall be subject to approval
and administrative oversight by the board, pursuant to Section
13332.19, except that, for the purposes of this chapter, the duties
assigned to the Director of General Services under that section shall
be performed by the Medical Care Receiver.
15820.103. (a) For purposes of compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), the board shall not be deemed a
lead or responsible agency. However, nothing in this chapter exempts
the department from the requirements of that division.
(b) Proceeds from bonds or notes authorized pursuant to this
chapter shall be used to reimburse the General Fund for any costs
incurred by the department for the preparation of an environmental
impact report and related studies, and for any other costs associated
with compliance with Division 13 (commencing with Section 21000) of
the Public Resources Code in connection with the project.
15820.104. (a) The State Public Works Board may issue up to one
hundred forty-six million one hundred sixty thousand dollars
($146,160,000) in revenue bonds, negotiable notes, or negotiable bond
anticipation notes pursuant to this part, to finance the design and
construction for the project. The revenue bonds, negotiable notes, or
negotiable bond anticipation notes authorized in this chapter shall
reduce the amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes the board is authorized to issue pursuant to
subdivision (a) of Section 15819.403 for the construction authorized
by subdivision (c) of Section 15819.40. None of the provisions of
Chapter 3.2.1 (commencing with Section 15819.40) shall apply to the
project.
(b) The department may borrow funds for project costs from the
Pooled Money Investment Account pursuant to Sections 16312 and 16313
or from any other appropriate source. In the event any of the revenue
bonds, notes, or bond anticipation notes authorized by this chapter
are not sold, the department shall commit a sufficient amount of its
support appropriation to repay loans made from the Pooled Money
Investment Account for an approved project.
(c) The costs of financing include, but are not limited to,
interest during construction of the project, a reasonably required
reserve fund, and the cost of issuance of permanent financing.
(d) The department and the board shall execute and deliver any and
all leases, contracts, agreements, or other documents necessary for
the sale of bonds or other financing for the project.
(e) Proceeds of the revenue bonds, notes, or bond anticipation
notes may be used to reimburse the department for the costs of
preliminary plans, working drawings, and construction for the
project.
(f) Notwithstanding Section 13340, funds derived pursuant to this
section are continuously appropriated for purposes of this chapter.
15820.105. (a) Plans and specifications for the project shall
comply with applicable building codes.
(b) The project is hereby deemed a "public work" project for
purposes of Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code.
(c) The provisions of Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 of the Labor Code shall apply to all public
works contracts entered into for the project.
(d) Other than as provided in this section and Sections 15820.101
to 15820.104, inclusive, private sector methods may be used to
deliver the project. Specifically, the procurement and contracting
for the delivery of the project is not subject to the State Contract
Act (Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code) or any other provision of California law
governing public procurement or public works projects.
15820.105. (a) Plans and specifications for the project shall
comply with applicable building codes.
(b) The project is hereby deemed to be governed by Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil
Code.
(c) The provisions of Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 of the Labor Code shall apply to all public
works contracts entered into for the project.
(d) Other than as provided in this section and Sections 15820.101
to 15820.104, inclusive, private sector methods may be used to
deliver the project. Specifically, the procurement and contracting
for the delivery of the project is not subject to the State Contract
Act (Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code) or any other provision of California law
governing public procurement or public works projects.
15820.100. The Legislature finds and declares all of the following:
(a) On February 14, 2006, the United States District Court in the
case of Plata v. Schwarzenegger (No. C01-1351 TEH) suspended the
exercise of authority by the Secretary of the Department of
Corrections and Rehabilitation related to the administration,
control, management, operation, and financing of the California
prison medical health care system and vested those powers in a
Medical Care Receiver appointed by the court commencing on April 17,
2006, until further order of the court.
(b) These powers included assessing the suitability of existing
medical care facilities and the design and construction of upgrades
or replacement facilities.
(c) It is necessary to design and construct a Central Health
Services Building at San Quentin State Prison to provide medical,
dental, and mental health treatment and a reception center to
inmates.
(d) The purpose of this chapter is to authorize funding solely for
this project and to describe the procurement method that the Medical
Care Receiver is authorized to use for the project.
(e) This chapter is enacted for the sole purpose of addressing the
urgent need for this building and for prison health care and shall
not be cited as precedent for any other purpose.
15820.101. For the purposes of this chapter, the following
definitions apply:
(a) "Department" means the Department of Corrections and
Rehabilitation.
(b) "Medical Care Receiver" means the person appointed by the
United States District Court in the case of Plata v. Schwarzenegger
(No. C01-1351 TEH) to oversee management and operation of the state
prison medical system.
(c) "Project" means the Central Health Services Building at San
Quentin State Prison to provide medical, dental, and mental health
treatment to inmates.
15820.102. (a) In order to expedite the improvement of medical,
dental, and mental health at San Quentin State Prison and to expedite
compliance with the case of Plata v. Schwarzenegger (No. C01-1351
TEH), notwithstanding any other provision of law, the Medical Care
Receiver may solicit proposals and enter into contracts for the
study, planning, design, development, construction, rebuilding,
improvement, or repair, or any combination thereof, for the project
based upon a value-based, competitive negotiation process.
(b) Solicitations or contracts authorized pursuant to this section
may be executed by the Medical Care Receiver through the California
Prison Health Care Receivership Corporation on behalf of the
department. Entities may be selected by the Medical Care Receiver
subject to the oversight of the federal court and to all of the
following criteria:
(1) The Medical Care Receiver shall utilize, as the primary
selection criteria, the demonstrated competence and qualifications
for the studying, planning, design, developing, construction,
rebuilding, improvement, or repair, or any combination thereof, of
the project.
(2) The Medical Care Receiver shall ensure that the project is
delivered under contracts entered into pursuant to this section at a
fair and reasonable price.
(3) The Medical Care Receiver may not enter into any solicitation
or contract that may result in unlawful activity, including, but not
limited to, rebates or kickbacks.
(4) The Medical Care Receiver may not enter into a contract that
uses employees or consultants of the Medical Care Receiver when those
employees or consultants have a relationship with a person or
business entity seeking a contract under this section that would
subject those employees to the prohibition of Section 87100.
(c) The scope and cost of the project shall be subject to approval
and administrative oversight by the board, pursuant to Section
13332.19, except that, for the purposes of this chapter, the duties
assigned to the Director of General Services under that section shall
be performed by the Medical Care Receiver.
15820.103. (a) For purposes of compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), the board shall not be deemed a
lead or responsible agency. However, nothing in this chapter exempts
the department from the requirements of that division.
(b) Proceeds from bonds or notes authorized pursuant to this
chapter shall be used to reimburse the General Fund for any costs
incurred by the department for the preparation of an environmental
impact report and related studies, and for any other costs associated
with compliance with Division 13 (commencing with Section 21000) of
the Public Resources Code in connection with the project.
15820.104. (a) The State Public Works Board may issue up to one
hundred forty-six million one hundred sixty thousand dollars
($146,160,000) in revenue bonds, negotiable notes, or negotiable bond
anticipation notes pursuant to this part, to finance the design and
construction for the project. The revenue bonds, negotiable notes, or
negotiable bond anticipation notes authorized in this chapter shall
reduce the amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes the board is authorized to issue pursuant to
subdivision (a) of Section 15819.403 for the construction authorized
by subdivision (c) of Section 15819.40. None of the provisions of
Chapter 3.2.1 (commencing with Section 15819.40) shall apply to the
project.
(b) The department may borrow funds for project costs from the
Pooled Money Investment Account pursuant to Sections 16312 and 16313
or from any other appropriate source. In the event any of the revenue
bonds, notes, or bond anticipation notes authorized by this chapter
are not sold, the department shall commit a sufficient amount of its
support appropriation to repay loans made from the Pooled Money
Investment Account for an approved project.
(c) The costs of financing include, but are not limited to,
interest during construction of the project, a reasonably required
reserve fund, and the cost of issuance of permanent financing.
(d) The department and the board shall execute and deliver any and
all leases, contracts, agreements, or other documents necessary for
the sale of bonds or other financing for the project.
(e) Proceeds of the revenue bonds, notes, or bond anticipation
notes may be used to reimburse the department for the costs of
preliminary plans, working drawings, and construction for the
project.
(f) Notwithstanding Section 13340, funds derived pursuant to this
section are continuously appropriated for purposes of this chapter.
15820.105. (a) Plans and specifications for the project shall
comply with applicable building codes.
(b) The project is hereby deemed a "public work" project for
purposes of Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code.
(c) The provisions of Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 of the Labor Code shall apply to all public
works contracts entered into for the project.
(d) Other than as provided in this section and Sections 15820.101
to 15820.104, inclusive, private sector methods may be used to
deliver the project. Specifically, the procurement and contracting
for the delivery of the project is not subject to the State Contract
Act (Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code) or any other provision of California law
governing public procurement or public works projects.
15820.105. (a) Plans and specifications for the project shall
comply with applicable building codes.
(b) The project is hereby deemed to be governed by Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil
Code.
(c) The provisions of Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 of the Labor Code shall apply to all public
works contracts entered into for the project.
(d) Other than as provided in this section and Sections 15820.101
to 15820.104, inclusive, private sector methods may be used to
deliver the project. Specifically, the procurement and contracting
for the delivery of the project is not subject to the State Contract
Act (Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code) or any other provision of California law
governing public procurement or public works projects.
