BILL NUMBER: SB 1271	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  JULY 5, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  APRIL 10, 2012

INTRODUCED BY   Senator Corbett
   (Principal coauthor: Senator Alquist)
   (Coauthors: Senators Blakeslee, Hancock, Lieu, and Vargas)

                        FEBRUARY 23, 2012

   An act to add and repeal Section 17280.6 of the Education Code,
relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1271, as amended, Corbett. School facilities: Field Act:
seismic safety: workgroup.
   Existing law 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 specified rules,
regulations, and building standards 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. Existing law
authorizes the department to issue a stop work order when
construction work on a public school is not being performed in
accordance with existing law and would compromise the structural
integrity of the building, thereby endangering the public safety, but
requires the department to allow construction of incidental and
minor nonstructural additions or nonstructural alterations without
invoking its stop work authority.
   Existing law establishes in the Department of General Services the
Division of the State Architect and provides that the State
Architect has general charge, under the Department of General
Services, of the erection of all state buildings.
   This bill would require the Department of General Services to
convene a workgroup,  or continue to use an existing workgroup,
 as specified, to develop and adopt recommendations for
improving the oversight of school construction projects. The bill
would require the workgroup to review changes made within the
Division of the State Architect to improve its oversight of school
construction projects and to review the Field Act to consider changes
to the act concerning occupancy of school facilities when and if
significant safety concerns are identified. The bill would require
the Division of the State Architect  by July 1, 2013,  to
report the recommendations of the workgroup to the Senate Select
Committee on Earthquake and Disaster Preparedness, Response and
Recovery  by January 1, 2014  , at a public hearing
with an opportunity for public comment, as specified, and to the
appropriate Senate and Assembly policy committees  also by
January 1, 2014  . The bill would repeal these provisions on
January 1, 2015.
   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.  (a) The Legislature finds and declares all of the
following:
   (1) There are 15,000  faultlines that lay  
faults that have been mapped  across California, with the San
Andreas and the Hayward faults being significantly active fault
zones.
   (2) On average, approximately 37,300 earthquakes are recorded and
analyzed per year, amounting to over 100 earthquakes per day.
   (3) According to a December 2011 report by the State Auditor
concerning an audit of the Division of the State Architect the
following findings were reported:
   (A) There are significant gaps in the effective and comprehensive
level of oversight of school construction and seismic safety
projects.
   (B) While the Division of the State Architect must certify school
construction projects when they comply with the act, as of December
2010 approximately 16,400 projects statewide remained uncertified.
   (C) The Division of the State Architect did not effectively
document its determinations about the risk level of uncertified
projects or use these determinations to guide its approach to
following up on those projects.
   (D) The Division of the State Architect  lacks authority to
enforce and  has been inconsistent  and lacks authority
 in enforcing the Field Act and using its authority to order
school districts to stop work on projects after identifying a
potential threat to public safety, thereby increasing the risk that
school construction projects may be unsafe.
   (E) The Division of the State Architect does not have a process
for planning oversight for projects of similar size and complexity
and cannot demonstrate that it has provided adequate field oversight.

   (F) On December 6, 2011, Chester "Chet" Widom was newly appointed
by Governor Jerry Brown to serve as California's State Architect
within the Department of General Services. The new State Architect is
looking at all possible solutions to address issues cited by the
Bureau of State Audits in a December 2011 audit critical of the state'
s seismic safety regulator for public schools. 
   (b) Therefore, it is the intent of the Legislature to ensure that
the Division of the State Architect has the ability and authority to
oversee the design and construction of the state's public schools to
ensure that they are seismically safe and in compliance with the
Field Act.
  SEC. 2.  Section 17280.6 is added to the Education Code, to read:
   17280.6.  (a) The Department of General Services shall convene a
workgroup  , or continue to use an existing workgroup,  to
develop and adopt recommendations for improving the oversight of
school construction projects. The workgroup shall review both of the
following:
   (1) Changes made internal to the Division of the State Architect
to improve its oversight of school construction projects since
December 2011. The workgroup shall make any recommendations it
determines are necessary to further improve oversight, process,
training, and inspection activities under the control of the Division
of the State Architect concerning school facility construction and
seismic, fire, and life safety.
   (2) The Field Act, as it relates to occupancy of school
facilities, to consider what, if any, statutory changes should be
made to prohibit occupancy when and if significant safety concerns
are identified, and what, if any, penalties the Division of the State
Architect should be able to levy against school districts that do
not provide all required documents.
   (b) In convening the workgroup, the Department of General Services
shall adapt or alter an existing advisory board or committee or
combine existing advisory boards or committees so that the workgroup
contains, but is not necessarily limited to, representatives from all
of the following:
   (1) The Division of the State Architect.
   (2) The Superintendent of Public Instruction.
   (3) The Seismic Safety Commission.
   (4) The State Fire Marshal.
   (5) School districts that represent the diverse size and geography
of California's school districts.
   (6) The Office of the Chancellor of the California Community
Colleges.
   (7) A community college district. 
   (8) Project inspectors certified by the Division of the State
Architect with both public school and community college oversight
experience.  
   (9) Structural engineers with both public school and community
college planning, design, and oversight experience.  
   (10) Architect with both public school and community college
planning, design, and oversight experience. 
   (c)  The   On or before July 1, 2013, the
 Division of the State Architect shall report the
recommendations of the workgroup, including, but not limited to, any
actions taken by the Division of the State Architect to modify its
oversight of school construction projects pursuant to paragraph (1)
of subdivision (a), to the Senate Select Committee on Earthquake and
Disaster Preparedness, Response and Recovery  by January 1,
2014  , at a public hearing of the committee, and to the
appropriate Senate and Assembly policy committees  also by
  January 1, 2014  . The Senate Select
Committee on Earthquake and Disaster Preparedness, Response and
Recovery shall provide an opportunity for public comment before
proposing statutory changes recommended by the workgroup.
   (d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.