(1) Existing law, known as the State Capitol Building Annex Act of 2016 (act), authorizes the Joint Rules Committee to pursue the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex. Existing law requires that the work performed pursuant to these provisions be administered and supervised by the Department of General Services, subject to review by the State Public Works Board, pursuant to an agreement with the Joint Rules Committee. Existing law requires the Department of General Services to report to the Joint Rules Committee on the scope, budget, delivery method, and schedule for any space to be constructed, restored, rehabilitated, renovated, or reconstructed pursuant to these
provisions. Existing law exempts all work performed by the Department of General Services pursuant to these provisions from the State Contract Act and requires that prevailing wages be paid to all workers employed on a project that is subject to these provisions.
This bill would expand this authority to include ancillary improvements and specify that projects under the act may be pursued in phases and may include a visitor center, a relocated and expanded underground parking facility, and any related or necessary deconstruction and infrastructure work. The bill would also require that the agreement be between the Joint Rules Committee, the Department of Finance or its designated representative, and the Department of General Services or its designated representative. The bill would delete the requirement that the Department of General Services report to the Joint Rules Committee and instead require that
the agreement establish the scope, budget, delivery method, and schedule for any work undertaken pursuant to the act. The bill would require that the scope, cost, and delivery method of each project pursuant to this section shall be recognized by, and subject to the oversight of, the State Public Works Board pursuant to specified laws, but would authorize the Joint Rules Committee, the Department of Finance or its designated representative, and the Department of General Services or its designated representative to agree to utilize any delivery method deemed appropriate and advantageous for the work performed pursuant to the act and require that any changes to the scope of the projects authorized by the act be agreed upon by the committee and each department or its designated representative. The bill would additionally exempt the work undertaken pursuant to the act from specified additional requirements. The bill would also require that a specified amount of space within any state capitol annex constructed,
or within the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex, be under the control of the Department of General Services and that all other space be allocated from time to time by the Joint Rules Committee, as provided.
This bill would additionally authorize the Department of General Services to pursue the construction, restoration, rehabilitation, renovation, or reconstruction of a state office building, located on O Street, between 10th Street and 11th Street, in the City of Sacramento, in order to adequately provide for the housing and administrative requirements of the Legislature and the executive branch during the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex. The bill would subject this authority to requirements and provisions similar to those under the act, as described above, would apply a height limit in
existing statute, and would require the Department of General Services or its designated representative to collaborate with the Joint Rules Committee to determine the scope, budget, delivery method, and schedule for any space to be constructed, restored, rehabilitated, renovated, or reconstructed pursuant to this authority.
This bill would also authorize the State Public Works Board to issue bonds lease-revenue bonds, notes, or bond anticipation notes, not exceeding specified amounts, pursuant to specified law to finance the acquisition, design, and construction of the above-described work of construction, restoration, rehabilitation, renovation, or reconstruction under the State Capitol Building Annex Act of 2016 and the construction of the above-described state office building. The bill would specify that these amounts are in addition to any other funds that may be available for these projects. The
bill would continuously appropriate funds derived from these financing methods to the State Public Works Board for the authorized projects.
(2) Existing law establishes the State Project Infrastructure Fund and continuously appropriates moneys in the fund for state projects, as defined, and specified other purposes, including the costs of the report required to be prepared pursuant to the State Capitol Building Annex Act of 2016, as described above. Existing law requires the Controller to transfer moneys from the State Project Infrastructure Fund to the Operating Funds of the Assembly and Senate in an amount consistent with the budget amount contained in the report by the Department of General Services on the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex.
This bill would additionally authorize the use of moneys in the fund to cover the costs of any report as may be prepared with respect to the construction, restoration, rehabilitation, renovation, or reconstruction of a state office building, as authorized by this bill, and for transfer to the Architecture Revolving Fund, a continuously appropriated fund, to be used for that work of construction, restoration, rehabilitation, renovation, or reconstruction of a state office building, as provided.
This bill would prohibit the use of moneys transferred to the Operating Funds of the Assembly and Senate for alteration or modification of the color, detail, design, structure or fixtures of the historically restored areas of the first, second, and third floors and the exterior of the west wing of the State Capitol, unless the Legislature expressly appropriates those moneys for that purpose in accordance with a specified provision of the
California Constitution. The bill would also expressly appropriate from the State Project Infrastructure Fund to the Operating Funds of the Assembly and Senate an amount up to $20,000,000, as determined by the agreement under the State Capitol Building Annex Act of 2016, to cover the costs of the design and construction of components of the project or projects authorized by that act that will modify portions of the west wing of the State Capitol in order to facilitate a fully functional State Capitol.
By authorizing the use of moneys in a continuously appropriated fund for a new purpose, this bill would make an appropriation.
(3) The California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA.
A provision of CEQA requires the Judicial Council, on or before July 1, 2017, to adopt a rule of court establishing procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a capitol building annex project, defined to include any work undertaken pursuant to the State Capitol Building Annex Act of 2016, or the granting of any project approvals that require the actions or proceedings be resolved, within
270 days of certification of the record of proceedings. Existing law also requires the preparation and certification of the administrative record for that project to comply with certain procedures. Existing law requires the draft and final EIR for that project to each include a notice containing specified information relating to required procedures for judicial actions challenging the certification of the EIR or the approval of a project described in the EIR. Existing law requires the lead agency to conduct an informational public workshop and hold a public hearing on the draft EIR, as provided. Existing law prohibits a court from enjoining the construction or operation of specified components of the capitol building annex project unless the court makes specified findings.
This bill would expand these provisions to additionally apply to the construction, restoration, rehabilitation, renovation, or
reconstruction of a state office building, as authorized by this bill, and to annex project related work, defined to include a visitor’s center and a parking facility. The bill would also require, on or before July 1, 2019, the Judicial Council to adopt a similar rule of court regarding that state office building or that work.
(4) Existing law declares the intent of the Legislature with regard to work undertaken pursuant to the State Capitol Building Annex Act of 2016, including that any state capitol building annex incorporate certain elements and be designed as a working capitol. Existing law further declares the intent of the Legislature that the eastern facade of the historic state capitol building be restored as part of any project that includes demolition of the existing capitol building annex.
This bill would revise the latter
provision to instead declare the intent of the Legislature that, to the extent feasible, the restoration of the eastern facade of the historic state capital building be consistent with the other above-described objectives.
(5) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.