Amended in Assembly May 11, 2016

Amended in Assembly March 28, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1980

Introduced by Assembly Member Irwin

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

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

(Coauthor: Senator Cannella)

February 16, 2016

An act to add Section 13082 to the Health and Safety Code, relating to the memorial to California firefighters.

LEGISLATIVE COUNSEL’S DIGEST

AB 1980, as amended, Irwin. Memorial to California firefighters: modifications.

Existing law 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.

This bill would 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 begin delete at end delete begin insert within the existing footprint of end insert 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 begin delete Legislative end delete Committee on begin delete Emergency Management regarding the progress of the construction of the modifications. end delete begin insert Rules on the proposed modifications. end insert The bill would require the California Fire Foundation to submit a plan for the proposed modifications to the Department of General Services begin insert and the Joint Committee on Rules end insert for begin delete its review. end delete begin insert their review and approval. end insert The bill would prohibit the foundation from commencing construction of any proposed modifications to the memorial begin insert until the master plan of the State Capitol Park is approved and adopted by the Joint Committee on Rules, or January 1, 2021, whichever occurs first. The bill would prohibit the commencement of any approved modifications end insert unless the begin insert Joint Committee on Rules and the end insert Department of Finance begin delete has end delete begin insert have end insert verified that sufficient private donations have been secured to complete begin insert construction of end insert the begin delete modifications and the Department of General Services has approved the plan. end delete begin insert modifications. end insert The bill would require that any modifications to the memorial be funded exclusively by private donations secured by the foundation.

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.  

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

13082.  

(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 begin delete at end delete begin insert within the existing footprint of end insert 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 begin delete Legislative Committee on Emergency Management
regarding the progress of the construction of the modifications. end delete

begin insert Committee on Rules on the proposed modifications. end insert

(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 begin insert and the Joint
Committee on Rules end insert for begin delete its review. end delete begin insert their review and approval. end insert The
California Fire Foundation shall not commence construction of
any proposed modifications begin insert until the master plan of the State
Capitol Park is approved and adopted by the Joint Committee on
Rules, or until January 1, 2021, whichever occurs first. Any
approved modifications shall not commence end insert unless the begin insert Joint
Committee on Rules and the end insert Department of Finance begin delete has end delete begin insert have end insert
verified that sufficient private donations have been secured to
complete construction of the begin delete modifications and the Department of
General Services has approved theplan. end delete begin insert modifications. end insert

(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.