Assembly BillChaptered/SignedEducation
AB 1860: School facilities: design-build: alternative design-build: county superintendents of schools.
What AB 1860 does, verified October 2, 2026
<p>The bill amends existing laws to allow county superintendents of schools to procure design-build and alternative design-build contracts for public works projects, similar to the authority given to school districts. It specifies that these contracts must be awarded based on either the lowest bid or best value criteria. The bill grants exclusive awarding authority to county superintendents over such contracts on behalf of a county office of education and board of education. Additionally, it includes findings that these provisions address statewide concerns and apply uniformly across all counties, including charter counties.</p> <p>The bill also addresses the state's reimbursement requirements for local agencies and school districts, stating no reimbursement is required under this act due to specific reasons outlined in statutory procedures.</p>
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Last action: Chaptered by Secretary of State - Chapter 902, Statutes of 2026. (2026-09-30)Alert me
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| Sep. 30, 2026 | Chaptered by Secretary of State - Chapter 902, Statutes of 2026. |
| Sep. 30, 2026 | Approved by the Governor. |
| Aug. 27, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 20, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6320.). |
| Aug. 19, 2026 | In Assembly. Concurrence in Senate amendments pending. |
Latest bill textChaptered version, September 30, 2026 · 2,090 words
Assembly Bill No. 1860
CHAPTER 902
An act to amend Sections 17250.10, 17250.15, 17250.20, 17250.60, and 17250.61 of the Education Code, relating to school facilities.
[ Approved by Governor September 30, 2026. Filed with Secretary of State September 30, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1860, McKinnor. School facilities: design-build: alternative design-build: county superintendents of schools.
(1) Existing law authorizes a school district, with the approval of the governing board of the school district, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract to either the low bid or the best value, as provided. Existing law requires specified information relating to design-build bid proposals to be verified under penalty of perjury. Existing law, until January 1, 2029, authorizes a school district, with the approval of its governing board, to procure alternative design-build contracts for public works projects in excess of $5,000,000, awarding the contract to either the low bid or the best value, as provided.
Existing law authorizes county boards of education that have had all or a portion of certain duties and functions relating to expenses transferred to them by the county board of supervisors to acquire, lease, lease-purchase, hold, and convey real property for purposes of housing the offices and the services of the county superintendent of schools.
This bill would authorize county superintendents of schools to procure the same above-described design-build and alternative design-build contracts, subject to the same requirements that are applicable to school districts, except that the bill would, notwithstanding any other law, require county superintendents of schools to have exclusive authority to award design-build and alternative design-build contracts on behalf of a county office of education and county board of education. The bill would include findings that these provisions address a matter of statewide concern and, therefore, apply to all counties, including charter counties. By expanding the crime of perjury, the bill would impose a state-mandated local program.
(2) This bill would incorporate additional changes to Section 17250.20 of the Education Code proposed by SB 1107 to be operative only if this bill and SB 1107 are enacted and this bill is enacted last.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 17250.10 of the Education Code is amended to read:17250.10.
(a) The Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project completion, and design features that are not achievable through the traditional design-bid-build method.(b) It is the intent of the Legislature that:
(1) This chapter provide general authorization for school districts and county offices of education to use the design-build method for projects.
(2) This chapter shall not be deemed to express a preference for the design-build method over other procurement methodologies.
SEC. 2.
Section 17250.15 of the Education Code is amended to read:17250.15.
For purposes of this chapter, except as otherwise provided, the following definitions apply:(a) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
(2) A best value determination may involve the selection of the lowest cost proposal meeting the interests of the school district and the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring school district, or a tradeoff between price and other factors.
(b) “Construction subcontract” means a subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or will render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the state which, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity.
(d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to a design-build contract.
(e) (1) “Design-build team” means the design-build entity and the individuals or other entities identified by the design-build entity as members of its team.
(2) Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f) “Project” means the construction of any school facility.
(g) Except for subdivision (a) of Section 17250.20, “school district” means a school district or a county superintendent of schools.
SEC. 3.
Section 17250.20 of the Education Code is amended to read:17250.20.
(a) (1) A school district, with approval of its governing board, or a county superintendent of schools, may procure design-build contracts for projects in excess of one million dollars ($1,000,000), awarding the contract to either the low bid or the best value.(2) Notwithstanding any other law, the county superintendent of schools shall have exclusive authority to award design-build contracts pursuant to this chapter on behalf of a county office of education and county board of education.
(b) The school district shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the school district relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each school district entering into design-build contracts authorized under this chapter.
(c) This chapter shall apply to bid requests issued on or after July 1, 2016.
SEC. 3.5.
Section 17250.20 of the Education Code is amended to read:17250.20.
(a) (1) A school district, with approval of its governing board, or a county superintendent of schools, may procure design-build contracts for projects in excess of one million dollars ($1,000,000), awarding the contract to either the low bid or the best value.(2) Notwithstanding any other law, the county superintendent of schools shall have exclusive authority to award design-build contracts pursuant to this chapter on behalf of a county office of education and county board of education.
(3) On or before December 31, 2031, a school district, with approval of its governing board, may procure multiple design-build contracts for comparable shade structure projects at various sites, bundled through a single solicitation, even if the values of any individual projects are less than one million dollars ($1,000,000) but do not exceed ten million dollars ($10,000,000), if the total value of the projects exceeds one million dollars ($1,000,000), awarding the bundled contracts to either the low bid or the best value. Each contract awarded through a bundled solicitation shall be a separate contract for a single project with an individual contract value, scope of work, location, schedule, design, and construction. A contract entered into on or before December 31, 2031, may be completed after that date.
(b) The school district shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the school district relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each school district entering into design-build contracts authorized under this chapter.
(c) This chapter shall apply to bid requests issued on or after July 1, 2016.
SEC. 4.
Section 17250.60 of the Education Code is amended to read:17250.60.
For purposes of this chapter, except as otherwise provided, the following definitions apply:(a) “Alternative design-build” means a project delivery process in which both the design and construction of a project are procured from a single design-build entity based on its proposed design cost, general conditions, overhead, and profit as a component of the project price.
(b) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
(2) A best value determination may involve the selection of the lowest cost proposal meeting the interests of the school district and the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring school district, or a tradeoff between price and other factors.
(c) “Construction subcontract” means a subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or will render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the state which, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to an alternative design-build contract.
(e) (1) “Design-build team” means the design-build entity and the individuals or other entities identified by the design-build entity as members of its team.
(2) Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f) “Project” means the construction of any school facility.
(g) Except for subdivision (a) of Section 17250.61, “school district” means a school district or a county superintendent of schools.
SEC. 5.
Section 17250.61 of the Education Code is amended to read:17250.61.
(a) (1) A school district, with approval of its governing board, or a county superintendent of schools, may procure alternative design-build contracts for projects in excess of five million dollars ($5,000,000), awarding the contract to either the low bid or the best value.(2) Notwithstanding any other law, the county superintendent of schools shall have exclusive authority to award alternative design-build contracts pursuant to this chapter on behalf of a county office of education and county board of education.
(b) The school district shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the school district relating to the solicitation of an alternative design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each school district entering into alternative design-build contracts authorized under this chapter.
SEC. 6.
The Legislature finds and declares that Section 3 or 3.5 of this act, as applicable, amending Section 17250.20 of the Education Code, and Section 5 of this act, amending Section 17250.61 of the Education Code, address a matter of statewide concern. Therefore, Section 3 or 3.5, as applicable, and Section 5, of this act, apply to all counties, including charter counties, and the provisions of those sections shall supersede any inconsistent provisions in the charter of any county.SEC. 7.
Section 3.5 of this bill incorporates amendments to Section 17250.20 of the Education Code proposed by both this bill and Senate Bill 1107. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 17250.20 of the Education Code, and (3) this bill is enacted after Senate Bill 1107, in which case Section 3 of this bill shall not become operative.SEC. 8.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.Text of AB 1860 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions