Bill Text: CA AB2164 | 2011-2012 | Regular Session | Amended
Bill Title: Community college facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB2164 Detail]
Download: California-2011-AB2164-Amended.html
BILL NUMBER: AB 2164 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2012
AMENDED IN SENATE MAY 31, 2012
AMENDED IN ASSEMBLY APRIL 24, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 23, 2012
An act to amend Section 13332.11 of the Government Code, relating
to community college facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2164, as amended, Dickinson. Community college facilities.
Existing law generally requires the approval of the Department of
Finance and the State Public Works Board before a state agency,
including, among others, the California Community Colleges, may
expend funds from an appropriation for capital outlay purposes. With
respect to the California Community Colleges, this approval is only
required for the allocation of state capital outlay funds
appropriated by the Legislature.
This bill would authorize a community college district to receive
reimbursement for amounts incurred by the community college district
through the expenditure of local funds for capital outlay projects,
before revenues are available from a state general obligation bond
approved by the electorate, after the date of the final project
proposal approval by the Board of Governors of the California
Community Colleges, after approval of preliminary plans by the
Department of Finance and the State Public Works Board, and after an
appropriation by the Legislature of funds for one or more specified
project phases. The bill would apply specified requirements to the
receipt of this reimbursement. The bill would make these provisions
inoperative on January 1, 2018 2016 .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13332.11 of the Government Code is amended to
read:
13332.11. (a) (1) Except as otherwise specified in paragraph (2),
no funds appropriated for capital outlay may be expended by any
state agency, including the University of California, the California
State University, the California Community Colleges, and the Judicial
Council until the Department of Finance and the State Public Works
Board have approved preliminary plans for the project to be funded
from a capital outlay appropriation.
(2) Paragraph (1) shall not apply to any of the following:
(A) Amounts for acquisition of real property in fee, or any other
lesser interest.
(B) Amounts for equipment or minor capital outlay projects.
(C) Amounts appropriated for preliminary plans, surveys, and
studies.
(b) Notwithstanding subdivision (a), approvals by the State Public
Works Board and the Department of Finance for the University of
California and the California Community Colleges shall apply only to
the allocation of state capital outlay funds appropriated by the
Legislature, including land acquisition and equipment funds.
(c) (1) A community college district may receive reimbursement for
amounts incurred by the community college district through the
expenditure of local funds for capital outlay projects, before
revenues are available from a state general obligation bond approved
by the electorate, after the date of the final project proposal
approval by the Board of Governors of the California Community
Colleges, after approval of preliminary plans by the Department of
Finance and the State Public Works Board, and after an appropriation
by the Legislature, in the annual Budget Act or related legislation,
of funds for one or more of the following project phases: preliminary
plans, working drawings, construction, and equipment. Amounts
reimbursed pursuant to this subdivision shall be subject to the
Legislature's determination of the appropriate scope and cost of the
project at the time of the appropriation.
(2) All of the following requirements shall apply to
receive the receipt of a reimbursement pursuant
to this subdivision:
(A) Before incurring amounts for which reimbursement will be
sought , a community college district shall demonstrate to the
Office of the Chancellor of the California Community Colleges that
sufficient local funds are available to fully pay for a project
without reimbursement and without causing fiscal hardship to the
district. After a district makes this demonstration, the Office
of the Chancellor of the California Community Colleges shall notify
the district that this section does not guarantee funding for a
project and the district assumes financial risks
associated with the project if state general obligation
bond funds are unavailable.
(B) A community college district shall comply with all state and
federal laws, including, but not limited to, Section 1771.3 of the
Labor Code, governing the expenditure of state bond funds for use on
facility construction projects.
(C) The expenditures made by a community college district shall be
eligible for reimbursement in accordance with applicable state and
federal laws and procedures.
(D) Amounts incurred pursuant to this subparagraph shall only be
reimbursed pursuant to a state general obligation bond approved by
the electorate on or before December 31, 2016
2014 .
(3) This subdivision shall become inoperative on January 1,
2018 2016 .
(d) Any appropriated amounts for working drawings or construction
where the working drawings or construction have been started by any
state agency prior to approval of the preliminary plans by the State
Public Works Board shall be reverted to the fund from which the
appropriation was made, as approved by the Department of Finance. No
major project for which a capital outlay appropriation is made shall
be put out to bid until the working drawings have been approved by
the Department of Finance. No substantial change shall be made to the
approved preliminary plans or approved working drawings without
written approval by the Department of Finance. Any proposed
construction bid alternates shall be approved by the Department of
Finance.
(e) The Department of Finance shall approve the use of funds from
a capital outlay appropriation for the purchase of any significant
unit of equipment.
(f) The State Public Works Board may augment a major project in an
amount of up to 20 percent of the total of the capital outlay
appropriations for the project, irrespective of whether any of those
appropriations have reverted. For projects authorized through
multiple fund sources, including, but not limited to, general
obligation bonds and lease-revenue bonds, to the extent otherwise
permissible, the Department of Finance shall have full authority to
determine which of the fund sources will bear all or part of an
augmentation. The board shall defer all augmentations in excess of 20
percent of the amount appropriated for each capital outlay project
until the Legislature makes additional funds available for the
specific project.
(g) In addition to the powers provided by Section 15849.6, the
State Public Works Board may further increase the additional amount
in Section 15849.6 to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The amount of the construction reserve shall
be within the 20-percent augmentation limitation. The board may use
this amount to augment the project, when and if necessary, after the
lease-revenue bonds are sold to ensure completion of the project.
Upon completion of the project, any amount remaining in the
construction reserve funds shall be used to offset rental payments.
(h) Augmentations in excess of 10 percent of the amount
appropriated for each capital outlay project shall be reported to the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, 20 days prior to board approval, or not sooner than
whatever lesser time the chairperson, or his or her designee, may in
each instance determine.
(i) (1) The Department of Finance may change the administratively
or legislatively approved scope for major capital outlay projects.
(2) If the Department of Finance changes the approved scope
pursuant to paragraph (1), the department shall report the changes
and associated cost implications to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the respective
fiscal committees, and the legislative advisers of the State Public
Works Board 20 days prior to the proposed board action to recognize
the scope change.
(j) The State Public Works Board shall defer action with respect
to approval of an acquisition project, when it is determined that the
estimated cost of the total acquisition project, as approved by the
Legislature is in excess of 20 percent of the amount appropriated,
unless it is determined that a lesser portion of the property is
sufficient to meet the objectives of the project approved by the
Legislature, and the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, is provided a 20-day prior
notification of the proposed reductions in the acquisition project,
or whatever lesser period the chairperson, or his or her designee,
may in each instance determine.
(k) The Department of Finance shall report to the Chairperson of
the Joint Legislative Budget Committee, the chairpersons of the
respective fiscal committees, and legislative advisers of the State
Public Works Board 20 days prior to the proposed board approval of
preliminary plans when it is determined that the estimated cost of
the total capital outlay construction project is in excess of 20
percent of the amount recognized by the Legislature.
(l) Nothing in this section shall be construed to limit or control
the Department of Transportation or the California Exposition and
State Fair in the expenditure of all funds appropriated to the
department for capital outlay purposes.
