BILL NUMBER: AB 2791	CHAPTERED  09/18/00

	CHAPTER   463
	FILED WITH SECRETARY OF STATE   SEPTEMBER 18, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 15, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN ASSEMBLY   APRIL 26, 2000

INTRODUCED BY   Assembly Member Alquist

                        FEBRUARY 28, 2000

   An act to add Sections 17307.5 and 81133.5 to the Education Code,
and to add Section 16017.5 to the Health and Safety Code, relating to
facilities construction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2791, Alquist.  School and essential services facilities:  stop
work notice.
   Existing law, the Field Act, provides for seismic safety review
and approval of school building design and construction by the
Department of General Services.  Existing law sets forth requirements
relating to the construction and seismic safety of essential
services facilities, as defined.
   This bill would, notwithstanding any provision of law to the
contrary, authorize the Department of General Services to issue a
stop work order when construction work on a public school , a
community college, or an essential services facility, as defined, is
not being performed in accordance with existing law and would
compromise the structural integrity of the building thereby
endangering the public.  The bill would provide that a public board,
body, or officer whose construction work on a public school,
community college, or essential services facility is subject to a
stop work order shall not be held liable in any action filed against
the public board, body, or officer for stopping work as required by
the stop work order, or for any delays caused by compliance with the
stop work order, except as provided.  The bill would also require the
Department of General Services to allow construction of incidental
and minor nonstructural additions or nonstructural alterations
without invoking its stop work authority.


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


  SECTION 1.  Section 17307.5 is added to the Education Code, to
read:
   17307.5.  (a) Notwithstanding any provision of law to the
contrary, including, but not limited to, Title 15 (commencing with
Section 3082) of Part 4 of the Civil Code, the Department of General
Services may issue a stop work order when construction work on a
public school is not being performed in accordance with existing law
and would  compromise the structural integrity of the building,
thereby endangering the public safety.  The Department of General
Services shall allow construction of incidental and minor
nonstructural additions or nonstructural alterations without invoking
its stop work authority.
   (b) A school district, county superintendent of schools, county
board of education, or other public board, body, or officer whose
construction work on a public school is subject to a stop work order
issued pursuant to subdivision (a) shall not be held liable in any
action filed against the public board, body, or officer for stopping
work as required by the stop work order, or for any delays caused by
compliance with the stop work order, except to the extent that an
error or omission by the public board, body, or officer is the basis
for the issuance of the stop work order.
  SEC. 2.  Section 81133.5 is added to the Education Code, to read:
   81133.5.  (a) Notwithstanding any provision of law to the
contrary, including, but not limited to, Title 15 (commencing with
Section 3082) of Part 4 of the Civil Code, the Department of General
Services may issue a stop work order when construction work on a
community college is not being performed in accordance with existing
law and would  compromise the structural integrity of the building,
thereby endangering the public safety.  The Department of General
Services shall allow construction of incidental and minor
nonstructural additions or nonstructural alterations without invoking
its stop work authority.
   (b) A community college district or other public board, body, or
officer whose construction work on a community college is subject to
a stop work order issued pursuant to subdivision (a) shall not be
held liable in any action filed against the public board, body, or
officer for stopping work as required by the stop work order, or for
any delays caused by compliance with the stop work order, except to
the extent that an error or omission by the public board, body, or
officer is that basis for the issuance of the stop work order.
  SEC. 3.  Section 16017.5 is added to the Health and Safety Code, to
read:
   16017.5.  (a) Notwithstanding any provision of law to the
contrary, including, but not limited to, Title 15 (commencing with
Section 3082) of Part 4 of the Civil Code, the Department of General
Services may issue a stop work order when construction work on an
essential services facility is not being performed in accordance with
existing law and would  compromise the structural integrity of the
building, thereby endangering the public safety.  The Department of
General Services shall allow construction of incidental and minor
nonstructural additions or nonstructural alterations without invoking
its stop work authority.
   (b) A public board, body, or officer whose construction work on an
essential services facility is subject to a stop work order issued
pursuant to subdivision (a) shall not be held liable in any action
filed against the public board, body, or officer for stopping work as
required by the stop work order, or for any delays caused by
compliance with the stop work order, except to the extent that an
error or omission by the public board, body, or officer is the basis
for the issuance of the stop work order.