SUMMARY OF P3 LEGISLATIVE STATUS:
Broadly enabled, with specific limits on transportation
Does this state have broadly enabling P3 legislation?
Allowed for municipal facilities and environmental projects, and for local and regional transportation authorities for transportation projects (though not Caltrans).
Does the state allow for unsolicited proposals?
Yes (LA Metro has used this opportunity to review innovative ideas which could apply to their capital investment needs).
What is the P3 contract approval authority?
Currently dictated by procurement agency implementation guidelines. There are specific instances when legislative approval is required to conduct a P3 procurement, including for social infrastructure projects.
What is the state's P3 procurement process?
P3 procurements are currently dictated by procurement agency.
Does the state have resources dedicated to P3s?
There is not a specific centralized agency. CalTrans for transportation. State Public Works Board. CA High Speed Rail Authority for high speed train projects. Local government agencies for local projects (i.e., counties, including LA Metro).
Is this a Home Rule state, with limitations or opportunities for P3?
Certain municipalities within the state are exempt from Dillon’s Rule; while the balance of the state is generally not considered a Home Rule state (e.g., applicability of Dillon’s Rule). CAL GOV CODE §§5956- 5956.10 gives local governments the authority to pursue P3s
Does this state have programmatic requirements for MWDBE participation?
Compliance with Federal mandates related to DBE participation is required for projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Includes a specific provision for prevailing wage. - Streets & Highways Code section 143 - Government Code sections 5956 et seq. - Government Code sections 70371.5 and 70391 - Public Utilities Code section 185036
Does this state have programmatic requirements for performance security?
California’s P3 legislation requires local agency P3 agreements to include performance bonds to ensure completion of the project and payment bonds to secure the payment of claims of laborers, mechanics, and materialmen employed on the project.
For what types of financing programs are P3 projects eligible?
There are no expressed provisions addressing the use of other funding sources or debt or credit instruments (i.e., TIFIA). This allows for access to applicable Federal funding or financing programs: TIFIA, WIFIA, RRIF.
What project types or asset classes are eligible for P3s in this state?
Eligible for a broad range of assets, including transportation, municipal facilities and environmental projects. Caltrans no longer has P3 authority, and this specifically impacts conties or regional transportation agencies from being able to conduct P3s.
Are there projects where the P3 procurement method has been applied?
Carlsbad Water Treatment. Presidio Parkway. Long Beach Courthouse. Long Beach Civic Center. University of California, Merced.