ARTICLE 3.5. State Projects [14691 - 14697]
( Article 3.5 added by Stats. 2016, Ch. 31, Sec. 136. )
(a) For purposes of this article, the following definitions shall apply:
(1) “Acquisition” includes purchase, option to purchase, or lease of real property, including lease purchase or lease with option to purchase.
(2) “Planning” includes studies, suitability reports, environmental review, program management, and master planning. Services to deliver “planning” shall be considered “architectural and engineering services” as that term is used in Section 4529.10.
(3) “State project” means any planning, acquisition, design, or construction undertaken pursuant to this article and may include associated infrastructure, parking, landscaping,
and other ancillary components, including furnishings and equipment instrumental to the use of a building. “State project” does not include work done to the State Capitol or an office building utilized by or under the control of the Legislature, including work done pursuant to Article 5.2 (commencing with Section 9112) or Article 5.6 (commencing with Section 9125) of Chapter 1.5 of Part 1 of Division 2.
(b) It is the intent of the Legislature that any state project authorized pursuant to this article incorporate elements complementary to the community in which it is sited, as well as elements that promote efficiency and sustainability.
(Amended by Stats. 2018, Ch. 40, Sec. 7. (AB 1826) Effective June 27, 2018.)
(a) (1) The State Project Infrastructure Fund is hereby established in the State Treasury.
(2) Except as otherwise provided in clause (vi) of subparagraph (C), notwithstanding Section 13340, the fund is continuously appropriated to the department, without regard to fiscal years, for the following purposes:
(A) Subject to authorization as provided in this article, for state projects pursuant to this article.
(B) To cover
the costs of any report required by Section 9112 or any report as may be prepared under Section 9125.
(C) (i) For transfer to the Operating Funds of the Assembly and Senate, to be used for the capital outlay projects specified in Article 5.2 (commencing with Section 9112) of Chapter 1.5 of Part 1 of Division 2.
(ii) Upon the direction of the Director of Finance, the Controller shall transfer from the fund to the Operating Funds of the Assembly and Senate an amount up to eighty million dollars ($80,000,000) for preconstruction activities for the capital outlay projects specified in Article 5.2 (commencing with Section 9112) of Chapter 1.5 of Part 1 of
Division 2 from the amounts appropriated in Item 7760-311-0001 of Section 2.00 of the Budget Act of 2022.
(iii) Upon amending the agreement entered into pursuant to paragraph (1) of subdivision (b) of Section 9112 to incorporate the project overview and sequence report required under the agreement, the Director of Finance shall direct the Controller transfer, and upon such direction the Controller shall transfer, from the fund to the Operating Funds of the Assembly and Senate an amount that is specified in the budget appropriation schedule specified in Item 7760-311-0001 of Section 2.00 of the Budget Act of 2022.
(iv) Notwithstanding any law, upon the transfer of seven hundred million dollars ($700,000,000) from the State Project Infrastructure Fund to the General Fund pursuant to the Budget Act of
2024, all remaining amounts in the State Project Infrastructure Fund shall be transferred to the Operating Funds of the Assembly and Senate for the capital outlay projects specified in Article 5.2 (commencing with Section 9112) of Chapter 1.5 of Part 1 of Division 2.
(v) Upon the transfer of moneys pursuant to paragraphs (1) and (3) of subdivision (b) of Section 9112.5, the Director of Finance shall direct the Controller to transfer the entirety of those moneys to the Operating Funds of the Assembly and Senate unless the Joint Rules Committee provides the Director of Finance with an amended transfer schedule pursuant to paragraph (4) of subdivision (b) of Section 9112.5. If the Joint Rules Committee provides the Director of Finance with an amended transfer schedule, the Director of Finance shall direct the Controller to transfer money to the Operating Funds of the Assembly and Senate pursuant to the amended transfer schedule. The Controller
shall transfer funds as directed by the Director of Finance pursuant to this clause.
(vi) Moneys transferred to the Operating Funds of the Assembly and Senate pursuant to
clauses (iii) to (v), inclusive, shall not be used to alter or modify the color, detail, design, structure or fixtures of the historically restored areas of the first, second, and third floors and the exterior of the west wing of the State Capitol unless the Legislature expressly appropriates those moneys for that purpose in accordance with subdivision (b) of Section 28 of Article IV of the California Constitution.
(vii) Moneys transferred to the Operating Funds of the Assembly and Senate pursuant to clause (iii) may be
invested or deposited in the manner specified in Section 9113.5.
(D) For transfer to the Architecture Revolving Fund, to be used for the capital outlay projects specified in Article 5.6 (commencing with Section 9125) of Chapter 1.5 of Part 1 of Division 2. The Department of Finance shall provide 20 days’ notice to the Joint Rules Committee prior to any transfer pursuant to this subparagraph.
(b) Notwithstanding any other law, the Controller may use the funds in the State Project Infrastructure Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381.
(c) The moneys in this fund shall be exempt from statewide general administrative cost recovery pursuant to Article 2 (commencing with Section 11270) of Chapter 3 of Part 1.
(d) Any lease entered into pursuant to this article is subject to the approval of the Department of Finance and any applicable notification required by subdivision (d) of Section 14694.
(Amended by Stats. 2024, Ch. 74, Sec. 5. (SB 174) Effective July 2, 2024.)
(a) Any state project authorized pursuant to this article shall be funded in whole or in part by the State Project Infrastructure Fund.
(b) Any state project authorized pursuant to this article shall be subject to approval and administrative oversight by the Department of Finance and the State Public Works Board, including, but not limited to, notice requirements for changes to the cost and scope of the state project as described in Sections 13332.11 and 13332.19, as applicable.
(Added by Stats. 2016, Ch. 31, Sec. 136. (SB 836) Effective June 27, 2016.)
(a) Prior to the development of the project scope, cost, and delivery method of a state project pursuant to subdivision (b), the department, upon approval by the Department of Finance, may utilize moneys in the State Project Infrastructure Fund for planning.
(b) The State Public Works Board shall establish the scope, cost, and delivery method for each state project.
(c) The Department of Finance, on behalf of the department, shall notify the Joint Legislative Budget Committee as follows:
(1) At least 20 days prior to an expenditure of funds for any planning activity pursuant
to subdivision (b). The notice required by this paragraph shall include the purpose of the planning activity and estimates of the costs.
(2) Except as provided in Section 14695, at least 60 days prior to the establishment of the scope, cost, and delivery method of a state project pursuant to subdivision (b). The notice required by this paragraph shall have the same level of detail as a capital outlay budget change proposal and describe the scope, budget, delivery method, expected tenants, and schedule for any space to be constructed or renovated as part of that state project.
(3) At least 30 days prior to the State Public Works Board approval of the design of a state project, pursuant to Section 13332.11 or 13332.19, as applicable. The notice required by this paragraph shall include updated estimates of the project’s cost and schedule.
(4) At least 30 days prior to entering into a contract or a lease arrangement for a state project that includes construction. The notice required by this paragraph shall include updated estimates of the project’s cost and schedule. A state project delivered by lease pursuant to this paragraph shall be exempt from Section 13332.10.
(Added by Stats. 2016, Ch. 31, Sec. 136. (SB 836) Effective June 27, 2016.)
(a) Notwithstanding Section 14694, with respect to the state projects specified in subdivision (b), the Department of Finance, on behalf of the department, shall notify the Joint Legislative Budget Committee at least 45 days prior to the establishment of the scope, cost, and delivery method of the state project pursuant to subdivision (b) of Section 14694. The notice required by this section shall have the same level of detail as a capital outlay budget change proposal and describe the scope, budget, delivery method, expected tenants, and schedule for any space to be constructed or renovated as part of that state project.
(b) This section shall only apply to a state project that is comprised solely of
either of the following:
(1) Replacement of the office building that is, as of the effective date of the act adding this section, used by the Natural Resources Agency.
(2) Construction of an office building located on “O” Street in the City of Sacramento that is currently under consideration as of the effective date of the act adding this section.
(Added by Stats. 2016, Ch. 31, Sec. 136. (SB 836) Effective June 27, 2016.)
(a) The department shall submit, on a quarterly basis, a report on the status of each state project established by the State Public Works Board pursuant to Section 14694 to the Joint Legislative Budget Committee and to the chairpersons of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget. The report shall also include the amount of expenditures made from the State Project Infrastructure Fund for any state project authorized under this article.
(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.
(Added by Stats. 2016, Ch. 31, Sec. 136. (SB 836) Effective June 27, 2016.)
The State Public Works Board shall not be deemed a lead or responsible agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for any activities under this article. This section is declarative of existing law.
(Added by Stats. 2016, Ch. 31, Sec. 136. (SB 836) Effective June 27, 2016.)