Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1980

Introduced by Assembly Member Irwin

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(Principal coauthors: Senators Galgiani, Jackson, and Roth)

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(Coauthors: Assembly Members Bigelow, Dahle, Linder, Mayes, and Steinorth)

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(Coauthor: Senator Cannella)

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February 16, 2016

An act to begin delete amend Section 13083 of end delete begin insert add Section 13082 to end insert the Health and Safety Code, relating to begin delete fire protection. end delete begin insert the memorial to California firefighters. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1980, as amended, Irwin. begin delete Firefighters’ memorial ceremonies. end delete begin insert Memorial to California firefighters: modifications. end insert

Existing law begin delete requires firefighters’ memorial ceremonies, including the dedication of the memorial at any subsequent ceremonies, to be conducted by the California Fire Foundation, in consultation with the Assembly General Research Committee on Fire, Police, Emergency, and Disaster Services. end delete begin insert authorizes the construction of a memorial to California firefighters on the grounds of the State Capitol, but prohibits the expenditure of state funds for purposes of the memorial. end insert

This bill would begin delete instead require firefighters’ memorial ceremonies to be conducted by the California Fire Foundation, in consultation with the Joint Legislative Committee on Emergency Management. end delete begin insert authorize the California Fire Foundation, a nonprofit organization that provides assistance to the families of fallen firefighters, in consultation with the Department of General Services, to prepare a plan to construct modifications to the existing memorial on the grounds of the State Capitol, which may include the construction of a new wall at the memorial that would include the names of additional fallen firefighters. The bill would require the Department of General Services, if the foundation prepares a plan pursuant to those provisions, to take specified actions to ensure that the design, review, inspection, and construction of the proposed modifications meet prescribed requirements. The bill would require the foundation, if it undertakes responsibility to modify the memorial pursuant to these provisions, in consultation with the Department of General Services, to establish a schedule for the design and construction, implement procedures to solicit designs, devise a process for the choice of design for the proposed modifications, and report to the Joint Committee on Rules regarding the progress of the construction of the modifications. The bill would require the California Fire Foundation to submit a plan for the proposed modifications to the Department of General Services, the Department of Finance, and the Joint Committee on Rules for their review. The bill would prohibit the foundation from commencing construction of any proposed modifications to the memorial unless the Department of General Services and the Department of Finance have approved the plan. The bill would require that any modifications to the memorial be funded exclusively by private donations secured by the foundation. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 13082 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

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begin insert 13082. end insert   

(a) The California Fire Foundation may, in
consultation with the Department of General Services, prepare a
plan to construct modifications to the memorial to California
firefighters on the grounds of the State Capitol, which may include
the construction of a new wall at the memorial that would include
the names of additional fallen firefighters.

(b) If the California Fire Foundation prepares a plan to modify
the memorial pursuant to this section, the Department of General
Services shall do all of the following:

(1) Review preliminary design plans for the modifications and
identify potential maintenance concerns.

(2) Ensure that the proposed modifications comply with the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.) and other applicable safety laws and
regulations.

(3) Ensure that the proposed modifications comply with the
requirements of the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources
Code) and any other applicable building standards for work to be
carried out at the existing memorial.

(4) Review the final construction documents to ensure that all
applicable requirements are met.

(5) Prepare the right-of-entry permit outlining the final area of
work, final construction documents and permits, construction
plans, and the name of the contractor who will perform the work,
and verify that the contractor is properly licensed and insured,
including maintaining adequate personal liability insurance for
damage to state property.

(6) Conduct inspections of the construction performed by the
contractor selected by the foundation.

(c) If the California Fire Foundation undertakes responsibility
to modify the memorial to California firefighters pursuant to this
section, it shall, in consultation with the Department of General
Services, establish a schedule for the design and construction,
implement procedures to solicit designs, devise a selection process
for the choice of the design for the modifications, and report to
the Joint Committee on Rules regarding the progress of the
construction of the modifications.

(d) The California Fire Foundation shall submit a plan for
proposed modifications of the memorial prepared pursuant to this
section to the Department of General Services, the Department of
Finance, and the Joint Committee on Rules for their review. The
California Fire Foundation shall not commence construction of
any proposed modifications unless the Department of General
Services and the Department of Finance have approved the plan
following that review and unless not less than 30 days have elapsed
following the submission of the plan to the Joint Committee on
Rules.

(e) Any modifications to the memorial carried out pursuant to
a plan prepared pursuant to this section shall be funded exclusively
through private donations secured by the California Fire
Foundation.

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SECTION 1.  

Section 13083 of the Health and Safety Code is
amended to read:

13083.  

Firefighters’ memorial ceremonies shall be conducted
by the California Fire Foundation, in consultation with the Joint
Legislative Committee on Emergency Management.

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