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 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  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 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   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.
   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 toapproval 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) (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
reimbursement pursuant to this subdivision:  
   (A) Before incurring amounts, 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.  
   (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.  
   (3) This subdivision shall become inoperative on January 1, 2018.
 
   (c)
    (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. 
   (d) 
    (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. 
   (e) 
    (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. 
   (f) 
    (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. 
   (g) 
    (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. 
   (h) 
    (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. 
   (i) 
    (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. 
   (j) 
    (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. 
   (k) 
   (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.