Bill Text: CA AB2164 | 2011-2012 | Regular Session | Amended

California Assembly Bill 2164 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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 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 exempt from this requirement amounts incurred by a
community college district, after the date of final project proposal
approval by the Board of Governors of the California Community
Colleges. The bill would provide that these amounts may be reimbursed
pursuant to  an appropriation by the Legislature of funds
for preliminary plans, working drawings, and construction and project
approval   approval of preliminary plans  by the
Department of Finance and the State Public Works Board  and an
appropriation by the Legislature of funds for specified project
phases  .  The bill would make these provisions inoperative
on January 1, 2018. 
   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.
   (D)  (i)    Amounts incurred by a community
college district, after the date of final project proposal approval
by the Board of Governors of the California Community Colleges.
Amounts incurred pursuant to this subparagraph may be reimbursed
pursuant to  an appropriation by the Legislature of funds for
preliminary plans, working drawings, and construction and project
approval by the Department of Finance and the State Public Works
Board.   approval of preliminary plans by the Department
of Finance and the State Public Works Board and 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 subparagraph shall be subject to the
Legislature's determination of the appropriate scope and cost of the
project.  
   (ii) This subparagraph shall be inoperative on January 1, 2018.

   (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) 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.
   (d) The Department of Finance shall approve the use of funds from
a capital outlay appropriation for the purchase of any significant
unit of equipment.
   (e) 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.
   (f) 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.
   (g) 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.
   (h) (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.
   (i) 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.
   (j) 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.
   (k) 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.