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SB-6 School facilities.(1995-1996)

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SB6:v95#DOCUMENT

Senate Bill No. 6
CHAPTER 7

An act to add Sections 39140.6 and 81130.6 to, the Education Code, relating to school facilities, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  October 10, 1995. Approved by Governor  October 08, 1995. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 6, Leslie. School facilities.
Under existing provisions of the Field Act, the Department of General Services is required to supervise the design and construction of any school building and the reconstruction or alteration of some school buildings and to ensure that plans and specifications comply with applicable building codes, and to ensure that the work or construction has been performed in accordance with the approved plans and specifications for the protection of life and property.
This bill would require that in no event shall any review or approval required under the Field Act exceed 60 days, excluding weekends and holidays, from the date of receipt of all complete plans, specifications, and documentation for the facilities from the district. The bill would further provide that minor amendments or modifications of plans or specifications shall not delay the completion of the review or approval unless the amendment or modification constitutes a major substantive change affecting the entire project.
This bill would declare that it is to take effect immediately as an urgency statute.

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


SECTION 1.

 Section 39140.6 is added to the Education Code, to read:

39140.6.
 (a)  It is the intent of the Legislature to expedite the repair, alteration, and reconstruction of school facilities that have been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disasters, to return those school facilities to a condition that makes them useful to school districts in the least amount of time and at the lowest appropriate cost while maintaining the integrity and safety of the structure as required by the laws of this state.
(b)  Notwithstanding any other law, if a school facility has been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disaster, all reviews or approvals required by this article shall be expedited. In no event shall any review or approval exceed 60 days, excluding weekends and holidays, from the date of receipt of all complete plans, specifications, and documentation for the facilities from the district.
(c)  If, upon review, the plans or specifications require minor amendment or modification, these minor amendments or modifications shall not delay the completion of the review or approval beyond the 60-day requirement specified in subdivision (b) unless the amendment or modification constitutes a major substantive change affecting the entire project. While any minor amendments or modifications are being undertaken, the remainder of the project shall continue under review so that a timely and adequate review may be completed within the 60-day requirement of subdivision (b).
(d)  A state agency that is required to perform any review or approval under this article may hire additional personnel or incur any additional costs necessary to perform the review or approval within the time limits set forth in this section and shall charge the district a fee not to exceed the actual cost of the review or approval.
(e)  As used in this section, “damaged” means damages to the extent that occupancy is precluded based upon a report of an architect or a structural engineer and the concurrence of the Department of General Services in the report’s conclusion that the occupancy of the premises is precluded.
(f)  The expedited review and approval required by this section shall not apply if the documents are not submitted within six months of the damage to, or destruction of, the facilities.

SEC. 2.

 Section 81130.6 is added to the Education Code, to read:

81130.6.
 (a)  It is the intent of the Legislature to expedite the repair, alteration, and reconstruction of community college facilities that have been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disasters, to return those community college facilities to a condition that makes them useful to community college districts in the least amount of time and at the lowest appropriate cost while maintaining the integrity and safety of the structure as required by the laws of this state.
(b)  Notwithstanding any other law, if a community college has been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disaster, all reviews or approvals required by this article shall be expedited. In no event shall any review or approval exceed 60 days, excluding weekends and holidays, from the date of receipt of all complete plans, specifications, and documentation for the facilities from the district.
(c)  If, upon review, the plans or specifications require minor amendment or modification, these minor amendments or modifications shall not delay the completion of the review or approval beyond the 60-day requirement specified in subdivision (b) unless the amendment or modification constitutes a major substantive change affecting the entire project. While any minor amendments or modifications are being undertaken, the remainder of the project shall continue under review so that a timely and adequate review may be completed within the 60-day requirement of subdivision (b).
(d)  A state agency that is required to perform any review or approval under this article may hire additional personnel or incur any additional costs necessary to perform the review or approval within the time limits set forth in this section and shall charge the district a fee not to exceed the actual cost of the review or approval.
(e)  As used in this section, “damaged” means damages to the extent that occupancy is precluded based upon a report of an architect or a structural engineer and the concurrence of the Department of General Services in the report’s conclusion that the occupancy of the premises is precluded.
(f)  The expedited review and approval required by this section shall not apply if the documents are not submitted within six months of the damage to, or destruction of, the facilities.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to effectively assist the school districts and community college districts that were damaged or destroyed by the recent flooding, it is necessary that this act take effect immediately.