Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1245


Introduced by Assembly Member V. Manuel Pérez

February 22, 2013


An act to amend Sectionbegin delete 17251.5end deletebegin insert 17282end insert of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1245, as amended, V. Manuel Pérez. School facilities:begin delete construction.end deletebegin insert natural disasters: expedited review and approval process.end insert

Existing lawbegin delete states that, when exclusively using local funds for acquisition of a potential schoolsite, a school district is not required to receive final approval of a site by the State Department of Education prior to adopting a resolution of necessity in an eminent domain proceeding or prior to closing escrow on a site purchase through voluntary sale.end deletebegin insert 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, unless subject to a specific exemption, to ensure, among other things, 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 all reviews or approvals required under certain provisions to be expedited, and in no event to exceed 60 days, if a school facility has been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disaster. Existing law authorizes a state agency required to perform any expedited review or approval to hire additional personnel or incur additional costs necessary to perform the review or approval within the 60-day time limit and requires the state agency to charge the school district a fee that does not exceed the actual costs of the review or approval.end insert

This bill wouldbegin delete make nonsubstantive changes to that law.end deletebegin insert instead require the state agency to charge the school district a fee, as described above, that does not exceed the actual costs of the review or approval up to a maximum of 3% of the total cost of the project.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 17282 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

17282.  

(a) It is the intent of the Legislature to expedite the
4repair, alteration, and reconstruction of school facilities that have
5been damaged or destroyed by fire, earthquake, flood, or other
6manmade or natural disasters, to return those school facilities to
7a condition that makes them useful to school districts in the least
8amount of time and at the lowest appropriate cost while maintaining
9the integrity and safety of the structure as required by the laws of
10this state.

11(b) Notwithstanding any other law, if a school facility has been
12damaged or destroyed by fire, earthquake, flood, or other manmade
13or natural disaster, all reviews or approvals required by this article
14shall be expedited. In no event shallbegin delete anyend deletebegin insert aend insert review or approval
15exceed 60 days, excluding weekends and holidays, from the date
16of receipt of all complete plans, specifications, and documentation
17for the facilities from thebegin insert schoolend insert district.

18(c) If, upon review, the plans or specifications require minor
19amendment or modification, these minor amendments or
20modifications shall not delay the completion of the review or
21approval beyond the 60-day requirement specified in subdivision
22(b) unless the amendment or modification constitutes a major
23substantive change affecting the entire project. While any minor
24amendments or modifications are being undertaken, the remainder
25of the project shall continue under review so that a timely and
26adequate review may be completed within the 60-day requirement
27of subdivision (b).

P3    1(d) A state agency that is required to performbegin delete anyend deletebegin insert aend insert review or
2approval under this article may hire additional personnel or incur
3any additional costs necessary to perform the review or approval
4within the time limits set forth in this section and shall charge the
5begin insert schoolend insert district a fee not to exceed the actual cost of the review or
6approvalbegin insert up to a maximum of 3 percent of the total cost of the
7projectend insert
.

8(e) As used in this section, “damaged” means damages to the
9extent that occupancy is precluded based upon a report of an
10architect or a structural engineer and the concurrence of the
11Department of General Services in the report’s conclusion that the
12occupancy of the premises is precluded.

13(f) The expedited review and approval required by this section
14shall not apply if the documents are not submitted within six
15months of the damage to, or destruction of, the facilities.

begin delete
16

SECTION 1.  

Section 17251.5 of the Education Code is
17amended to read:

18

17251.5.  

Notwithstanding any other law, when exclusively
19using local funds for acquisition of a potential schoolsite, a school
20district is not required to receive final approval of a site by the
21State Department of Education before adopting a resolution of
22necessity in an eminent domain proceeding or before closing
23escrow on a site purchase through voluntary sale.

end delete


O

    98