AB 2060, as introduced, V. Manuel Pérez. County jails: construction funding.
Existing law authorizes the Board of State and Community Corrections (BSCC), a participating county, and the State Public Works Board to acquire, design, and construct an adult local criminal justice facility approved by the BSCC or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county, as provided. The BSCC, a participating county, and the board are required to enter into an agreement for each adult local criminal justice facility that provides, at a minimum, performance expectations of the parties related to the acquisition, design, and construction, including, without limitation, renovation of the adult local criminal justice facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved adult local criminal justice facility; and ongoing maintenance and staffing responsibilities for the term of the financing.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 15820.92 of the Government Code is
2amended to read:
For purposes of this chapter, “participating county”
4meansbegin delete anyend deletebegin insert aend insert county, or regional consortium of counties, within
5the state that has been certified to the State Public Works Board
6(the board) by the Board of State and Community Corrections
7(BSCC) as having satisfied all of the requirements set forth in
8Section 15820.925 for financing an adult local criminal justice
9facility pursuant to this chapter. For purposes of this chapter, an
10adult local criminal justice facility may include any custodial
11housing, reentrybegin delete,end delete program, mental health, or treatment space
12necessary to manage
the adult offender population consistent with
13the legislative intent described in Sections 17.5 and 3450 of the
14Penal Code under the jurisdiction of the sheriff or county
15department of corrections, as may be applicable, to be further
16defined by the BSCC in duly adopted regulations.
17(a) The BSCC, a participating county, and the board are
18authorized to acquire, design, and construct an adult local criminal
19justice facility approved by the BSCC pursuant to Section
2015820.925, or to acquire a site or sites owned by, or subject to a
21lease or option to purchase held by, a participating county. For the
22purposes of this chapter, acquisition shall include, but is not limited
23to, acquisition of completed facilities through a build-to-suit
24purchase. Facilities financed pursuant to this chapter may be
25delivered through either a design-bid-build or a design-build
26process. The ownership interest of a participating county in the
27site or sites for an adult
local criminal justice facility shall be
28determined by the board to be adequate for purposes of its
29financing in order to be eligible under this chapter.
30(b) Notwithstanding Section 14951, the participating county
31may assign an inspector during the construction of the adult local
32criminal justice facility.
33(c) The BSCC, a participating county, and the board shall enter
34into an agreement for each adult local criminal justice facility that
35begin delete shall provide,end deletebegin insert provides,end insert at a minimum, performance expectations
36of the parties related to the acquisition, design, and construction,
37including, without limitation, renovationbegin delete,end delete
of the adult local criminal
38justice facility; guidelines and criteria for use and application of
P3 1the proceeds of revenue bonds, notes, or bond anticipation notes
2issued by the board to pay for the cost of the approved adult local
3criminal justice facility; and ongoing maintenance and staffing
4responsibilities for the term of the financing.
5(d) The agreement shall include a provision that the participating
6county agrees to indemnify, defend, and hold harmless thebegin delete State begin insert stateend insert for any and all claims and losses arising out of
7of Californiaend delete
8the acquisition, design, and construction of the adult local criminal
9justice facility. The agreement may also contain additional terms
10and conditions that facilitate the financing by the board.
11(e) The scope and cost of the adult local criminal justice facilities
12shall be subject to approval and administrative oversight by the
13board.
14(f) For purposes of compliance with the California
15Environmental Quality Act (Division 13 (commencing with Section
1621000) of the Public Resources Code), neither the board nor the
17BSCC shall be deemed a lead or responsible agency and the
18participating county shall be the lead agency.
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