Bill Text: CA SB1227 | 2009-2010 | Regular Session | Amended
Bill Title: School facilities: construction.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-19 - Set, first hearing. Hearing canceled at the request of author. [SB1227 Detail]
Download: California-2009-SB1227-Amended.html
BILL NUMBER: SB 1227 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2010
INTRODUCED BY Senator Runner
FEBRUARY 18, 2010
An act to amend Sections 17077.30, 17255, 17263, 17267,
17280, 17285, 17292, 17295, 17307, 17352, 17354, 81133, 81138, and
81149 of, to repeal Sections 17280.1, 17280.5, 17281, 17282.5, 17296,
17297, 17298, 17299, 17300, 17301, 17303, 17304, 17305, 17306,
17307.5, 17308, 17309, 17310, 17311, 17313, 17314, 17315, 17317,
17351, 17355, 17356, 17357, 17358, 17359, 17360, 81130, 81130.3,
81133.1, 81133.2, 81133.5, 81134, 81135, 81136, 81141, 81142, 81143,
81146, and 81147 of, and to repeal Article 3.3 (commencing with
Section 17319) of Chapter 3 of Part 10.5 of Division 1 of Title 1 of,
the Education Code, and to amend Sections 4453, 4454, and 4459.5 of,
and to repeal Section 4453.5 of, the Government Code, relating to
school facilities. An act to amend Sections 17306,
17315, 81136, and 81147 of the Education Code, relating to
school facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1227, as amended, Runner. School facilities: construction.
(1) Existing law authorizes a school district or community college
district that has submitted a school construction application for
review to the Department of General Services to request that the
department refer the documents necessary for the review of the
application to a qualified plan review firm operating under contract
with the department, as specified. Existing law requires the
department immediately to grant the request.
This bill instead would authorize the department to grant the
request as it deems appropriate.
(2) Existing law requires the Department of General Services to
issue a certification that a school building complies with specified
statutory requirements when construction on the building is
completed, specified documents have been submitted, and other
specified requirements have been satisfied. Existing law allows a
school district or community college district to occupy the building
prior to the issuance of the certification.
This bill instead would prohibit the use or occupancy of a school
building that has been constructed, reconstructed, altered, or added
to, except as specified, until the department has issued the
certification.
(1) Existing law, the Field Act, requires the Department of
General Services, under the police power of the state, to supervise
the design and construction of any school building, as defined to
include buildings used for elementary, secondary, and community
college purposes, or the reconstruction or alteration of or addition
to any school building, as defined to include buildings used for
elementary, secondary, and community college purposes, if not
exempted, to ensure that plans and specifications comply with adopted
rules and regulations and specified building standards and to ensure
that the work of construction has been performed in accordance with
the approved plans and specifications, for the protection of life and
property. Existing law requires the plans and specifications for any
school building, as defined, together with cost estimates, to be
submitted to the Department of General Services for approval.
Existing law requires a manufacturer of factory-built buildings
designed or intended for use as school buildings to submit to the
Department of General Services and the State Department of Education
for approval, its plans, specifications, methods of construction, and
estimates of cost of those buildings.
This bill would transfer the duties of the Department of General
Services with regard to design and construction of school buildings,
as defined to include buildings used for elementary, secondary, and
community college purposes, to the building department of the
appropriate local jurisdiction.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17306 of the
Education Code is amended to read:
17306. (a) Upon submitting a complete application for review
under this article, the applicant may request that the Department of
General Services refer the documents necessary for the review of that
application to a qualified plan review firm operating under contract
with the department pursuant to Section 17305. The department
immediately shall may grant the request
and refer the necessary documents to a qualified plan
review firm if the applicant so requests as it deems
appropriate .
Upon completing the review, the qualified plan review firm shall
submit the documents referred to it for the review of the
application, together with the results of its review, to the
Department of General Services.
(b) The Department of General Services shall establish a procedure
governing the use by applicants of the review process alternative
described in this section, including, but not limited to, provisions
restricting the use of qualified plan review firms on the basis of
conflict of interest.
SEC. 2. Section 17315 of the Education
Code is amended to read:
17315. (a) When a school building is constructed in
accordance with plans and specifications approved by the Department
of General Services is completed, the notice of completion
is filed, and all final verified reports and all
testing and inspection documents, as required by this
article or as required by the rules and regulations adopted pursuant
to this article, are submitted to and on file with the Department of
General Services, and all required fees paid by the school district,
the department shall issue a certification that the school building
complies with the requirements of this article. Nothing in
this article shall prevent beneficial occupancy by a school district
prior to the issuance of this certification. A school
building that has been constructed, reconstructed, altered, or added
to, except for school building projects exempted from department
approval by Section 17295, shall not be used or occupied until the
Department of General Services has issued a certification that the
school building complies with the requirements of this article.
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 39151
17309 , have not been submitted to the Department of General
Services due to the incapacitating illness, death, or the default of
any persons required to file such reports, the Department of General
Services shall, upon written request of the school district, review
all of the project records and make such examinations as it deems
necessary to enable it to certify that the school building otherwise
complies with the requirements of this article. The Department of
General Services may request the school district to have made,
reported, and verified any other tests and inspections which the
department deems necessary to complete its examinations of the
construction.
(c) The costs incurred by the Department of General Services in
connection with this section shall be paid by the school district.
The actual costs to perform the examinations, tests, and inspections
shall be an appropriate cost of the project to be paid from the
building funds of the district. Certification of the project by the
Department of General Services shall be withheld until all the costs
have been paid by the school district.
(d) This section shall not relieve any individual of his or her
responsibility to file verified reports, as required in Section
17309, or any other documents required by the rules and regulations
adopted pursuant to this article. This section shall not abrogate the
provisions of Section 17312.
SEC. 3. Section 81136 of the Education
Code is amended to read:
81136. (a) Upon submitting a complete application for review
under this article, the applicant may request that the Department of
General Services refer the documents necessary for the review of that
application to a qualified plan review firm operating under contract
with the department pursuant to Section 81135. The department
immediately shall may grant the request
and refer the necessary documents to a qualified plan
review firm if the applicant so requests as it deems
appropriate . Upon completing the review, the qualified plan
review firm shall submit the documents referred to it for the review
of the application, together with the results of its review, to the
Department of General Services.
(b) The Department of General Services shall establish a procedure
governing the use by applicants of the review process alternative
described in this section, including, but not limited to, provisions
restricting the use of qualified plan review firms on the basis of
conflict of interest.
SEC. 4. Section 81147 of the Education
Code is amended to read:
81147. (a) When a school building is constructed in
accordance with plans and specifications approved by the Department
of General Services is completed, the notice of completion
is filed, and all final verified reports and all
testing and inspection documents, as required by this
article or as required by the rules and regulations adopted pursuant
to this article, are submitted to and on file with the Department of
General Services, and all required fees paid by the community college
district, the department shall issue a certification that the school
building complies with the requirements of this article.
Nothing in this article shall prevent beneficial occupancy by a
community college district prior to the issuance of this
certification. A school building that has been
constructed, reconstructed, altered, or added to, except for school
building projects exempted from department approval by Section 81133,
shall not be used or occupied until the Department of General
Services has issued a certification that the school building complies
with the requirements of this article.
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 81141, have not been submitted
to the Department of General Services due to the incapacitating
illness, death, or the default of any persons required to file such
reports, the Department of General Services shall, upon written
request of the community college district, review all of the project
records and make such examinations as it deems necessary to enable it
to certify that the school building otherwise complies with the
requirements of this article. The Department of General Services may
request the community college district to have made, reported, and
verified any other tests and inspections which the department deems
necessary to complete its examinations of the construction.
(c) The costs incurred by the Department of General Services in
connection with this section shall be paid by the community college
district. The actual costs to perform the examinations, tests, and
inspections shall be an appropriate cost of the project to be paid
from the building funds of the district. Certification of the project
by the Department of General Services shall be withheld until all
the costs have been paid by the community college district.
(d) This section shall not relieve any individual of his or her
responsibility to file verified reports, as required in Section
81141, or any other documents required by the rules and regulations
adopted pursuant to this article. This section shall not abrogate the
provisions of Section 81144. All matter omitted in this version of
the bill appears in the bill as introduced in the Senate, February
18, 2010. (JR11)
