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SB-743 School facilities: design-build projects.(2019-2020)

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Date Published: 04/30/2019 08:55 AM
SB743:v97#DOCUMENT

Amended  IN  Senate  April 29, 2019
Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 743


Introduced by Senator Hertzberg

February 22, 2019


An act to add Section 17250.27 to the Education Code, relating to school facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 743, as amended, Hertzberg. School facilities: design-build projects.
Existing law authorizes, until January 1, 2025, a school district governing board to enter into a design-build contract, as defined, in which factors in addition to price and cost may be considered in awarding a contract for the design and construction of a school facility that exceeds $1,000,000.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would specify that a certain school district entering into a design-build contract for projects that are subject to a project labor agreement retains the discretion to take specified actions related to the contract. The bill would require the contract to contain specified terms and conditions. The bill would prohibit a design-build entity or its subcontractor performing work on a project for a school district from engaging in any activity under the design-build contract beyond the design phase of the contract unless the school district issues certain notices, including a notice to proceed with the construction. The bill would, for purposes of procuring or awarding a design-build contract, contract for a project, deem a school district to have complied with CEQA if the school district retains the discretion to take those specified actions and the contract contains those required terms and conditions.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 17250.27 is added to the Education Code, to read:

17250.27.
 (a) For purposes of this section, the following definitions apply:
(1) “Project” means all construction, alteration, demolition, installation, repair, and maintenance work that is subject to a project labor agreement that meets the requirements of Section 2500 of the Public Contract Code.
(2) “School district” means a school district that operates a labor compliance program that received final approval from the Department of Industrial Relations before January 1, 1997.
(b) A school district entering into a contract awarded pursuant to this chapter for a project that is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall retain the discretion to do all of the following:
(1) Terminate the contract at any time before a final project design is submitted to the Division of the State Architect for approval.
(2) Modify the project design or feature in a manner the school district decides is necessary to comply with the California Environmental Quality Act, including, but not limited to, incorporation of mitigation measures identified in an environmental review document for the project to mitigate environmental impacts that the project may cause, or the adoption of alternatives to the project.
(3) Balance the benefits of the proposed project against any of the project’s significant environmental effects if the effects cannot be otherwise avoided or mitigated to a less than significant level.
(4) Disapprove the project design and not proceed with the project’s final design and construction.
(c) A contract awarded pursuant to this chapter by a school district for a project shall include terms specifying conditions set forth in subdivision (b) and shall condition the commencement of any activity beyond the design phase of the contract in compliance with applicable laws, including the California Environmental Quality Act.
(d) A design-build entity or its subcontractors performing work on a project for a school district shall not engage in any activity, including demolition, excavation, grading, or construction, under a contract awarded pursuant to this chapter beyond the design phase unless the school district issues a notice pursuant to subdivision (a) of Section 21152 of the Public Resources Code, as applicable, and issues a notice to proceed with the construction.
(e) For purposes of procuring and awarding a design-build contract for a project pursuant to this chapter, a school district is deemed to have complied with the California Environmental Quality Act if the school district complies with subdivision (b) and a contract awarded pursuant to this chapter contains the terms and conditions described in subdivision (c).

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique fiscal and infrastructure difficulties being suffered by the Los Angeles Unified School District.