SB 297 — School facilities: approval of plans: preliminary build contract.

Summary

(1) Existing law, the Field Act, requires the Department of General Services to supervise the design and construction of any school building, as defined to include buildings used for elementary, secondary, and community college purposes, or the reconstruction or alteration of or addition to any school building if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and specified building standards and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. Existing law requires the governing board of each school district, community college district, or other school authority, before adopting any plans for a school building, to submit the plans to the department for approval. Existing law requires a school district, before letting any contract for any construction or alteration of any school building, to first obtain written departmental approval of the plans as to safety of design and construction. Existing law provides that no contract for the construction or alteration of any school building is valid, and no public money shall be paid for any work done under such a contract, unless the plans, specifications, and estimates comply in every particular with specified provisions of the Field Act and the requirements prescribed by the department and unless written departmental approval of the plans, specifications, and estimates has been obtained. With respect to facilities for community colleges for projects where the estimated cost of reconstruction or alteration of, or addition to, a school building exceeds $100,000, but does not exceed $225,000, under existing law if a licensed structural engineer submits a report to the department stating that the plans or activities for those projects do not involve structural elements, then certain conditions apply. Those conditions include both (A) that before letting any contract for any construction or alteration of any school building, written departmental approval of the plans, as to safety of design and construction, is required, and (B) that no contract for the construction or alteration of any school building is valid, and no public money shall be paid for any work done under such a contract, unless the plans, specifications, and estimates comply in every particular with specified provisions of the Field Act and the requirements prescribed by the department and unless written departmental approval of the plans, specifications, and estimates has been obtained. Until January 1, 2025, this bill would authorize the department to authorize a school district or community college district on a first-come, first-served basis to procure a construction contract in excess of $1,000,000 subject to different conditions. Specifically, the bill would authorize departmental approval after the letting, making, or execution of the contract, as long as that approval is obtained before the commencement of any alteration or construction. The bill would limit the department to authorizing only a total of 20 construction contracts per year pursuant to these provisions. If the governing board of a school district or a community college district bases its award of a construction contract pursuant to these provisions on plans that do not yet have the approval of the department, the bill would require the school district or community college district to specify in its bidding instructions and construction contracts that the cost of changes to the plans and specifications required by the department shall be treated according to the changes clause of the construction contract. The bill would prohibit the waiver of these provisions by contract, or amendments to the contract, between a school district or a community college district and a design professional or contractor for the design, construction, or alteration of a school building. The bill would require a school district or community college district authorized to procure a construction contract pursuant to these provisions to follow all other applicable statutes and regulations pertaining to the construction of any school building or the reconstruction or alteration of, or addition to, any school building, including, but not limited to, the Field Act.

Bill Text

• Amended 07/01/19 - Amended Assembly Current pdf July 01, 2019
• Introduced 02/14/19 - Introduced pdf February 14, 2019
• SB297 View text html

Action History

1. July 03, 2019

   July 10 set for first hearing canceled at the request of author.

2. July 01, 2019

   From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

3. June 26, 2019

   From committee: Do pass and re-refer to Com. on ED. (Ayes 12. Noes 0.) (June 25). Re-referred to Com. on ED.

4. June 13, 2019

   June 19 hearing postponed by committee.

5. June 13, 2019

   Re-referred to Coms. on HIGHER ED. and ED. pursuant to Assembly Rule 96.

6. May 24, 2019

   Referred to Coms. on ED. and HIGHER ED.

7. May 09, 2019

   In Assembly. Read first time. Held at Desk.

8. May 09, 2019

   Read third time. Passed. (Ayes 38. Noes 0. Page 1007.) Ordered to the Assembly.

9. April 09, 2019

   Read second time. Ordered to third reading.

10. April 08, 2019

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

11. March 29, 2019

    Set for hearing April 8.

12. March 27, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 464.) (March 27). Re-referred to Com. on APPR.

13. March 07, 2019

    Set for hearing March 27.

14. February 28, 2019

    Referred to Com. on ED.

15. February 15, 2019

    From printer. May be acted upon on or after March 17.

16. February 14, 2019

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Pan · Primary
• Cooley · Cosponsor

Votes

Subjects