California Senate Bill SB1227 Amended / Bill

 BILL NUMBER: SB 1227AMENDED 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)