BILL NUMBER: AB 1245	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member V. Manuel Pérez

                        FEBRUARY 22, 2013

   An act to amend Section  17251.5   17282
 of the Education Code, relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1245, as amended, V. Manuel Pérez. School facilities: 
construction.   natural disasters: expedited review and
approval process. 
   Existing law  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.   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. 
   This bill would  make nonsubstantive changes to that law.
  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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 17282 of the   
 Education Code   is amended to read: 
   17282.  (a) It is the intent of the Legislature to expedite the
repair, alteration, and reconstruction of school facilities that have
been damaged or destroyed by fire, earthquake, flood, or other
manmade or natural disasters, to return those school facilities to a
condition that makes them useful to school districts in the least
amount of time and at the lowest appropriate cost while maintaining
the integrity and safety of the structure as required by the laws of
this state.
   (b) Notwithstanding any other law, if a school facility has been
damaged or destroyed by fire, earthquake, flood, or other manmade or
natural disaster, all reviews or approvals required by this article
shall be expedited. In no event shall  any   a
 review or approval exceed 60 days, excluding weekends and
holidays, from the date of receipt of all complete plans,
specifications, and documentation for the facilities from the 
school  district.
   (c) If, upon review, the plans or specifications require minor
amendment or modification, these minor amendments or modifications
shall not delay the completion of the review or approval beyond the
60-day requirement specified in subdivision (b) unless the amendment
or modification constitutes a major substantive change affecting the
entire project. While any minor amendments or modifications are being
undertaken, the remainder of the project shall continue under review
so that a timely and adequate review may be completed within the
60-day requirement of subdivision (b).
   (d) A state agency that is required to perform  any
  a  review or approval under this article may hire
additional personnel or incur any additional costs necessary to
perform the review or approval within the time limits set forth in
this section and shall charge the  school  district a fee
not to exceed the actual cost of the review or approval  up to a
maximum of 3 percent of the total cost of the project  .
   (e) As used in this section, "damaged" means damages to the extent
that occupancy is precluded based upon a report of an architect or a
structural engineer and the concurrence of the Department of General
Services in the report's conclusion that the occupancy of the
premises is precluded.
   (f) The expedited review and approval required by this section
shall not apply if the documents are not submitted within six months
of the damage to, or destruction of, the facilities. 
  SECTION 1.    Section 17251.5 of the Education
Code is amended to read:
   17251.5.  Notwithstanding any other law, 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 before adopting a resolution of
necessity in an eminent domain proceeding or before closing escrow on
a site purchase through voluntary sale.