California 2023 2023-2024 Regular Session

California Senate Bill SB1091 Introduced / Bill

Filed 02/12/2024

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1091Introduced by Senator MenjivarFebruary 12, 2024 An act to amend the heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of, and to add Section 17672 to, the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGESTSB 1091, as introduced, Menjivar. School facilities: greening projects.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 or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided. Existing law limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to a greening project, as defined, that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the greening project.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of the Education Code is amended to read: CHAPTER 9. Shade Structures and Greening ProjectsSEC. 2. Section 17672 is added to the Education Code, immediately following Section 17671, to read:17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) Greening project means an intervention that introduces vegetation and natural features into the urban realm, including, but not limited to, creating and restoring green space, replacing asphalt with greenways along pedestrian and bicycle routes, planting trees, and installing green walls and green roofs.(b) Projects solely for the installation of a greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the greening project.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1091Introduced by Senator MenjivarFebruary 12, 2024 An act to amend the heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of, and to add Section 17672 to, the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGESTSB 1091, as introduced, Menjivar. School facilities: greening projects.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 or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided. Existing law limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to a greening project, as defined, that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the greening project.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 1091

Introduced by Senator MenjivarFebruary 12, 2024

Introduced by Senator Menjivar
February 12, 2024

 An act to amend the heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of, and to add Section 17672 to, the Education Code, relating to school facilities. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1091, as introduced, Menjivar. School facilities: greening projects.

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 or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided. Existing law limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to a greening project, as defined, that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the greening project.

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 or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.

The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided. Existing law limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.

This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to a greening project, as defined, that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the greening project.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of the Education Code is amended to read: CHAPTER 9. Shade Structures and Greening ProjectsSEC. 2. Section 17672 is added to the Education Code, immediately following Section 17671, to read:17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) Greening project means an intervention that introduces vegetation and natural features into the urban realm, including, but not limited to, creating and restoring green space, replacing asphalt with greenways along pedestrian and bicycle routes, planting trees, and installing green walls and green roofs.(b) Projects solely for the installation of a greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the greening project.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. The heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of the Education Code is amended to read: CHAPTER 9. Shade Structures and Greening Projects

SECTION 1. The heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of the Education Code is amended to read:

### SECTION 1.

 CHAPTER 9. Shade Structures and Greening Projects

 CHAPTER 9. Shade Structures and Greening Projects

 CHAPTER 9. Shade Structures and Greening Projects

 CHAPTER 9. Shade Structures and Greening Projects

SEC. 2. Section 17672 is added to the Education Code, immediately following Section 17671, to read:17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) Greening project means an intervention that introduces vegetation and natural features into the urban realm, including, but not limited to, creating and restoring green space, replacing asphalt with greenways along pedestrian and bicycle routes, planting trees, and installing green walls and green roofs.(b) Projects solely for the installation of a greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the greening project.

SEC. 2. Section 17672 is added to the Education Code, immediately following Section 17671, to read:

### SEC. 2.

17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) Greening project means an intervention that introduces vegetation and natural features into the urban realm, including, but not limited to, creating and restoring green space, replacing asphalt with greenways along pedestrian and bicycle routes, planting trees, and installing green walls and green roofs.(b) Projects solely for the installation of a greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the greening project.

17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) Greening project means an intervention that introduces vegetation and natural features into the urban realm, including, but not limited to, creating and restoring green space, replacing asphalt with greenways along pedestrian and bicycle routes, planting trees, and installing green walls and green roofs.(b) Projects solely for the installation of a greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the greening project.

17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) Greening project means an intervention that introduces vegetation and natural features into the urban realm, including, but not limited to, creating and restoring green space, replacing asphalt with greenways along pedestrian and bicycle routes, planting trees, and installing green walls and green roofs.(b) Projects solely for the installation of a greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the greening project.



17672. (a) For purposes of this section, the following definitions apply:

(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.

(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.

(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.

(2) Greening project means an intervention that introduces vegetation and natural features into the urban realm, including, but not limited to, creating and restoring green space, replacing asphalt with greenways along pedestrian and bicycle routes, planting trees, and installing green walls and green roofs.

(b) Projects solely for the installation of a greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the greening project.