| Last Version Text |
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<ns0:Id>20250SB__053997AMD</ns0:Id>
<ns0:VersionNum>97</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-20</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-03-27</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-04-10</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Cabaldon</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Cabaldon</ns0:Name>
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<ns0:Title>An act to amend Section 17075.10 of, and to add Section 17254 to, the Education Code, relating to school facilities. </ns0:Title>
<ns0:RelatingClause>school facilities</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>School facilities.</ns0:Subject>
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<ns0:DigestText>
<html:p>
(1)
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The Leroy F. Greene School Facilities Act of 1998 provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of state funds by the State Allocation Board for the construction and modernization of public school facilities. The act permits a school district to apply for hardship assistance in cases of extraordinary circumstances. The act requires, for health and safety projects for school facilities that are determined by the Department of General Services to pose an unacceptable risk of injury to occupants in the event of a seismic event, a school district to demonstrate that certain conditions are satisfied, including that the school facilities are needed to ensure the health and safety of pupils if the health and safety of pupils is at risk.
</html:p>
<html:p>This bill would apply the above-described provisions to health and safety projects for school facilities that are determined by the Department of General Services to pose an unacceptable risk of injury to occupants in the event of a wildfire, flood, or other state of emergency proclaimed by the Governor, and would specify that the above-described condition includes ending the disruption to the delivery of educational services due to damage to, or destruction of, school facilities. The bill, for projects approved under these provisions, would authorize a school district to employ any project delivery method authorized under existing law to support concurrent coordination and approval by the State Department of Education, the State Architect,
and the State Allocation Board for expedited permitting, approval, and construction processes, and would authorize those state agencies to use machine learning to automate nondiscretionary aspects of those processes. The bill would also authorize a school district to use machine learning to prepare documents and materials for the permitting process for these projects.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law requires the State Department of Education to take specified actions relating to the construction of school facilities, including to establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate and promote school safety.
</html:p>
<html:p>This bill would require the department, the Division of the State Architect, the Office of Public School Construction, and the State Allocation Board, beginning July 1, 2026, and every 5 years thereafter, to engage the
Government Operations Agency to collaboratively review the processes relating to school design and construction to identify short-term, intermediate, and long-term improvements that can be made to those processes. The bill would require those entities, on or before December 1, 2026, and every 5 years thereafter, to submit a report to the appropriate fiscal and policy committees of the Legislature that identifies process changes to streamline how local educational agencies receive the approval required for school construction and secure state funding. The bill would require the report required on or before December 1, 2026, to also address specified priorities, including, among other things, implementation of specific timeframes for the Division of the State Architect to review submitted proposals and the development of an alternative project delivery method specific to the need to expedite school reconstruction and repair in the aftermath of an emergency.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
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<ns0:Election>NO</ns0:Election>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 17075.10 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>17075.10.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
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For health and safety projects for school facilities that are determined by the department to pose an unacceptable risk of injury to occupants in the event of a seismic event, wildfire, flood, or other state of emergency proclaimed by the Governor, a school district shall demonstrate both of the following to the satisfaction of the board:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
That due to unusual circumstances that are beyond the control of the school district, excessive costs need to be incurred in the construction of school facilities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
That the facilities are needed to ensure the health and safety of pupils if the health
and safety of pupils is at risk, including to end the disruption to the delivery of educational services due to damage to, or destruction of, school facilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of paragraph (1), health and safety projects include projects to replace the most vulnerable school facilities that are identified as a Category 2 building, as defined in the report submitted pursuant to Section 17317.
</html:p>
<html:p>
(b)
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(1)
<html:span class="EnSpace"/>
A school district is eligible for health and safety funding to replace, reconstruct, or construct new classrooms and related facilities if the school district demonstrates there is a threat to the health and safety of pupils. To determine the applicable grant amounts, the district shall prepare and submit to the department a cost-benefit analysis that compares the
minimum cost to remain in the classroom or related facility and mitigate the health and
safety problem with the current replacement cost.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The project qualifies for modernization funding if the minimum cost is less than 50 percent of the current replacement cost of the classroom or related facility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The project qualifies for replacement facilities if the cost-benefit analysis prepared pursuant to paragraph (1) demonstrates that the cost to remain in the classroom or related facility and mitigate the problem is at least 50 percent of the replacement value.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For health and safety
projects for school facilities under this section, a school district may employ any project delivery method authorized under existing law to support concurrent coordination and approval by the State Department of Education, the State
Architect, and the State Allocation Board for expedited permitting, approval, and construction processes, and those state agencies may use machine learning to automate nondiscretionary aspects of those processes. A school district may also use machine learning to prepare documents and materials required for the permitting process.
</html:p>
<html:p>
(d)
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The department shall develop regulations to define eligible health and safety projects that meet the requirements of subdivisions (a) and (b) for purposes of project approval by the board.
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<ns0:BillSection id="id_D54D5A5B-6D55-4BA8-B146-A35EEB59E641">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 17254 is added to the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_77F79155-1B3C-4F0A-9715-C3A1F007721D">
<ns0:Num>17254.</ns0:Num>
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<ns0:Content>
<html:p>The department, the Division of the State Architect, the Office of Public School Construction, and the State Allocation Board shall do both of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Beginning July 1, 2026, and every five years thereafter, engage the Government Operations Agency to collaboratively review the processes relating to school design and construction to identify short-term, intermediate, and long-term improvements that can be made to those processes. The process review shall include collaboratively soliciting qualitative feedback from local educational agencies and school construction experts.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding
Section 10231.5 of the Government Code, on or before December 1, 2026, and every five years thereafter, submit a report to the appropriate fiscal and policy committees of the Legislature, in compliance with Section 9795 of the Government Code, that identifies process changes to streamline how local educational agencies receive the approval required for school construction, including the requirements of the Division of the State Architect, and secure state funding, including from the state bond funds made available pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The report required on or before December 1, 2026, shall also address all of the following priorities:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Implementation of specific
timeframes for the Division of the State Architect to review submitted proposals.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Development of an alternative project delivery method specific to the need to expedite school reconstruction and repair in the aftermath of an emergency.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Development of an alternate project delivery method that incorporates process changes identified in the most recent process review described in subdivision (a) and innovations in design, construction, and financial management, such as progressive design-build, design sequencing, or incremental plan review principles, as appropriate.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Development of legislative proposals needed to allow innovations in design, construction, and financial management to become legal pathways to
facilitating school facilities construction.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Alternatives to current practices that unintentionally disadvantage local educational agencies, such as preferences given on a first-come-first-served basis.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the appropriate fiscal and policy committees of the Legislature determine the priorities to be addressed by reports required after December 1, 2026.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, “design sequencing” means a method of project delivery that enables the sequencing of design activities to permit each construction phase to commence when the design for that phase is complete, instead of requiring the design for the entire project to be
completed before commencing construction.
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|
| Last Version Text Digest |
(1) The Leroy F. Greene School Facilities Act of 1998 provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of state funds by the State Allocation Board for the construction and modernization of public school facilities. The act permits a school district to apply for hardship assistance in cases of extraordinary circumstances. The act requires, for health and safety projects for school facilities that are determined by the Department of General Services to pose an unacceptable risk of injury to occupants in the event of a seismic event, a school district to demonstrate that certain conditions are satisfied, including that the school facilities are needed to ensure the health and safety of pupils if the health and safety of pupils is at risk. This bill would apply the above-described provisions to health and safety projects for school facilities that are determined by the Department of General Services to pose an unacceptable risk of injury to occupants in the event of a wildfire, flood, or other state of emergency proclaimed by the Governor, and would specify that the above-described condition includes ending the disruption to the delivery of educational services due to damage to, or destruction of, school facilities. The bill, for projects approved under these provisions, would authorize a school district to employ any project delivery method authorized under existing law to support concurrent coordination and approval by the State Department of Education, the State Architect, and the State Allocation Board for expedited permitting, approval, and construction processes, and would authorize those state agencies to use machine learning to automate nondiscretionary aspects of those processes. The bill would also authorize a school district to use machine learning to prepare documents and materials for the permitting process for these projects. (2) Existing law requires the State Department of Education to take specified actions relating to the construction of school facilities, including to establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate and promote school safety. This bill would require the department, the Division of the State Architect, the Office of Public School Construction, and the State Allocation Board, beginning July 1, 2026, and every 5 years thereafter, to engage the Government Operations Agency to collaboratively review the processes relating to school design and construction to identify short-term, intermediate, and long-term improvements that can be made to those processes. The bill would require those entities, on or before December 1, 2026, and every 5 years thereafter, to submit a report to the appropriate fiscal and policy committees of the Legislature that identifies process changes to streamline how local educational agencies receive the approval required for school construction and secure state funding. The bill would require the report required on or before December 1, 2026, to also address specified priorities, including, among other things, implementation of specific timeframes for the Division of the State Architect to review submitted proposals and the development of an alternative project delivery method specific to the need to expedite school reconstruction and repair in the aftermath of an emergency. |