Get This Measure on the Road

The California Legislature failed in its last session to broker an end to a long-standing turf battle between state and private engineers over billions of dollars of highway and transit construction work. The result is Proposition 35 on the November ballot, forcing voters to decide whether to amend the state Constitution to allow private contractors a larger share of the state’s business.

The Times favors approval of Proposition 35, with reservations. Unfortunately, it’s the only option now for keeping the governor’s much-needed $6.8-billion traffic relief program on track.

The ballot measure would essentially override a 1997 California Supreme Court decision that the state could not hire private companies for work that the state’s civil servants were capable of performing. At the time, former Gov. Pete Wilson had gutted the ranks of the state’s Caltrans engineers and swung the pendulum sharply toward privatization. The state’s engineers successfully fought back in court, arguing, among other things, that the contracts going to private companies smacked of political patronage and did not require competitive bidding.

Now there’s a new governor, the state’s long-deferred transportation infrastructure needs are great, and there’s money to get the job done. Gov. Gray Davis has shored up the ranks of the state’s engineers, but vital transportation projects across the state will languish without substantially more help from the private sector. Caltrans cannot do all of the work on its own and lacks the time to hire and train enough additional state workers. Current state law tightly restricts the amount of work that can be contracted out to private firms.

The present procedure is embedded in the state Constitution, so changing it means changing the Constitution, which only voters can do. A legislative compromise to protect state engineers while giving private firms about 30% of the new engineering and design work came before state lawmakers this summer. That was a reasonable deal, and it should have passed, but private contractors wanted more and lobbied to prevent that constitutional amendment from going onto the ballot. Now they will have to take their chances with the voters on a more expansive deal.

Proposition 35 has its flaws. It would permit, but does not require, competitive bidding for firms vying for contracts. If Prop 35 passes, competitive bidding should be made part of the bidding process.

Proposition 35 is supported by several taxpayer organizations, school districts, cities and business organizations. It’s not the best way to proceed, but given the choices it’s the right way. Vote yes on Proposition 35.