School facilities: design-build: shade structures., the official text

An act to amend Sections 17250.20 and 17671 of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL'S DIGEST

Existing law authorizes a school district, with the approval of its governing board, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract to either the low bid or the best value, as provided. Existing law requires specified information relating to design-build bid proposals to be verified under penalty of perjury.
This bill would authorize a school district, on or before December 31, 2031, and with the approval of its governing board, to procure multiple design-build contracts for comparable shade structure projects at various sites, bundled through a single solicitation, if the total value of the projects exceeds $1,000,000 but does not exceed $10,000,000, awarding the bundled contracts to the lowest bid or the best value. The bill would require each contract awarded through the bundled solicitation to be a separate contract for a single project, as provided. By expanding the crime of perjury, the bill would impose a state-mandated local program.
The Field Act requires the Department of General Services under the police power of the state to supervise the design and construction of any school building 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 building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.
The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided.
Existing law limits the cost of complying with the requirement to provide an accessible path of travel to the installation of a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.
This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to the installation of a shade structure integrated with playground equipment that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

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

SECTION 1.
Section 17250.20 of the Education Code is amended to read:
17250.20.
(a) (1) A school district, with approval of its governing board, may procure design-build contracts for projects in excess of one million dollars ($1,000,000), awarding the contract to either the low bid or the best value.
(2) On or before December 31, 2031, a school district, with approval of its governing board, may procure multiple design-build contracts for comparable shade structure projects at various sites, bundled through a single solicitation, even if the values of any individual projects are less than one million dollars ($1,000,000) but do not exceed ten million dollars ($10,000,000), if the total value of the projects exceeds one million dollars ($1,000,000), awarding the bundled contracts to either the low bid or the best value. Each contract awarded through a bundled solicitation shall be a separate contract for a single project with an individual contract value, scope of work, location, schedule, design, and construction. A contract entered into on or before December 31, 2031, may be completed after that date.
(b) The school district shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the school district relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each school district entering into design-build contracts authorized under this chapter.
(c) This chapter shall apply to bid requests issued on or after July 1, 2016.

SEC. 2.
Section 17671 of the Education Code is amended to read:
17671.
(a) Projects solely for (1) the installation of shade structures integrated with playground equipment or (2) freestanding, open-sided shade structures, that are included on the Division of the State Architect pre-checked designs list where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the shade structure project.
(b) For purposes of this section, “adjusted construction cost” has the same meaning as in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations.

SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.