Amended in Assembly August 12, 2013

Amended in Assembly August 5, 2013

Senate BillNo. 445


Introduced by Senator Hill

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(Principal coauthor: Assembly Member Mullin)

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February 21, 2013


An act to addbegin delete Sectionend deletebegin insert Sectionsend insert 15820.908begin insert and 15820.927end insert to the Government Code, relating to prisons.

LEGISLATIVE COUNSEL’S DIGEST

SB 445, as amended, Hill. Revenue bond financing of prison construction.

Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board (SPWB) to acquire, design, and construct local jail facilities approved by the Board of State and Community Corrections. Existing law authorizes the SPWB to issue revenue bonds, notes, or bond anticipation notes in specified amounts to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities, as specified.

This bill would require funds allocated to a county for the construction of local jail facilities that are relinquished by the county to which they were allocated to be reallocated to a county that received a conditional award but never received funds, as specified. begin deleteTheend delete

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Existing law also authorizes the Board of State and Community Corrections, the State Public Works Board, and a participating county to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law authorizes the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, and continuously appropriates the funds for those purposes.

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begin insert Thisend insert bill would authorize the State Public Works Board to approve a projectbegin insert under either of the above programsend insert after commencement of working drawings or construction phase activities and would authorize reimbursement of expenses incurred after the board approves the project.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 15820.908 is added to the Government
2Code immediately after Section 15820.907
, to read:

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15820.908.  

(a) Funds allocated to a county pursuant to this
4chapter that are relinquished by the county to which they were
5allocated shall be reallocated to a county that received a conditional
6award under this chapter but never received funds.

7(b) In allocating funds pursuant to this section, preference shall
8be given to the county or counties based on readiness to proceed
9with construction on the project.

10(c) A county receiving funds pursuant to this section is not
11required to assist the state in siting reentry beds pursuant to
12subdivision (b) of Section 15820.907.

13(d) Notwithstanding Section 13332.11 and 13332.19, the State
14Public Works Board may approve a project to be funded pursuant
15to this section after commencement of working drawings or
16construction phase activities. Funds may be allocated to reimburse
17expenses that are incurred after the board approves the project
18pursuant to this subdivision.

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begin insertSEC. 2.end insert  

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begin insertSection 15820.927 is added to the end insertbegin insertGovernment Codeend insertbegin insert, end insert20immediately after Section 15820.926begin insert, to read:end insert

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begin insert15820.927.end insert  

Notwithstanding Section 13332.11 and 13332.19,
22the State Public Works Board may approve a project to be funded
23pursuant to this chapter after commencement of working drawings
24or construction phase activities. Funds may be allocated to
25reimburse expenses that are incurred after the board approves the
26project pursuant to this section.

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