reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2 - New Schools Relief Act of 1979 › Section 17240.

17240. This chapter shall be known and may be cited as the New Schools Relief Act of 1979.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2 - New Schools Relief Act of 1979 › Section 17241.

17241. The Legislature hereby finds and declares that because of the adoption of Article XIII A of the California Constitution, imposing limits on the ability of school districts to levy and collect property taxes, it is necessary to create new revenues for the construction of school facilities.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2 - New Schools Relief Act of 1979 › Section 17242.

17242. It is the intent of the Legislature in enacting this chapter to provide opportunities for school districts, the state, and the private sector to cooperate to provide needed school facilities in growth impacted districts, and to facilitate innovative financing and other techniques for growth impacted districts to help meet new school construction needs.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2 - New Schools Relief Act of 1979 › Section 17243.

17243. As used in this chapter:
(a) “Board” means the State Allocation Board.
(b) “A school district with an anticipated increase in enrollment” means a school district in which the level of enrollment is projected by the district to be higher during any of the five years, including the year in which the projection is made, than the year preceding the year in which the projection is made. Projections shall be made pursuant to regulations adopted by the board.
(c) “Private developers” means individuals or corporations owning land, facilities, or both; or, in the business of developing land for construction purposes, constructing facilities on developed land, or both.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2 - New Schools Relief Act of 1979 › Section 17244.

17244. Notwithstanding any other provision of law, a school district with an anticipated increase in enrollment is authorized to lease land and facilities from a private developer with funds provided by one or more of the following sources, subject to regulations established by the board:
(a) Funds provided by the state for the purposes of school construction (1) in the Budget Act, (2) in separate legislation, (3) from the sale of bonds, the issuance of which was approved by the voters of the state prior to January 1, 1980, provided that the purposes for which the issuance of the bonds was approved encompassed the purposes of this section; or (4) from the sale of bonds, the issuance of which may be approved on or after January 1, 1980, by the voters of the state for the purposes of school construction, among other purposes.
(b) Funds the district has borrowed from the state and which the district is in the process of repaying, provided that nothing in this section shall be construed as terminating, delaying, or otherwise interrupting the district’s schedule of repayments for the funds.
(c) Available capital reserves from the district’s general fund or special funds of the district, provided the purposes of this section do not conflict with the purposes for which the funds may be used.
(d) Proceeds from the sale or lease of unneeded facilities, provided that nothing in this section shall be construed to have any of the following effects:
(1) To terminate, delay, or otherwise interrupt the schedule of regular repayments for the district’s obligations to the state.
(2) To relieve the district from any obligation to the state, except to the degree that such district may retain that portion of the proceeds from the sale or lease of unneeded facilities necessary to lease land and facilities pursuant to this section.
(3) To permit the district to retain any proceeds otherwise owing to the state from the lease or sale of unneeded facilities in excess of the amount necessary to lease land and facilities pursuant to this section.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2 - New Schools Relief Act of 1979 › Section 17245.

17245. Notwithstanding any other law, a school district with an anticipated increase in enrollment is authorized to construct school facilities authorized within state school building aid standards, and subject to regulations established by the board, with funds from the following sources:
(a) Available capital reserves from the district’s general fund or special funds of the district, provided the purposes of this section do not conflict with the purposes for which the funds may be used.
(b) Proceeds from the sale or lease of unneeded facilities provided that nothing in this section shall be construed to have any of the following effects:
(1) To terminate, delay, or otherwise interrupt the schedule of regular repayments for the district’s obligations to the state.
(2) To relieve the district from any obligation to the state, except to the degree that the district may retain that portion of the proceeds from the sale or lease of unneeded facilities necessary to construct facilities pursuant to this section.
(3) To permit the district to retain any proceeds otherwise owing to the state from the lease or sale of unneeded facilities in excess of the amount necessary to construct facilities pursuant to this section.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.10.

17250.10. (a) The Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project completion, and design features that are not achievable through the traditional design-bid-build method.
(b) It is the intent of the Legislature that:
(1) This chapter provide general authorization for school districts to use the design-build method for projects.
(2) This chapter shall not be deemed to express a preference for the design-build method over other procurement methodologies.
(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50. Repealed as of January 1, 2025, pursuant to Section 17250.55.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.15.

17250.15. For purposes of this chapter, the following definitions apply:
(a) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
(2) A best value determination may involve the selection of the lowest cost proposal meeting the interests of the school district and the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring school district, or a tradeoff between price and other factors.
(b) “Construction subcontract” means a subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or will render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the state which, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity.
(d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to a design-build contract.
(e) (1) “Design-build team” means the design-build entity and the individuals or other entities identified by the design-build entity as members of its team.
(2) Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f) “Project” means the construction of any school facility.
(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50. Repealed as of January 1, 2025, pursuant to Section 17250.55.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.20.

17250.20. (a) 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.
(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.
(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50. Repealed as of January 1, 2025, pursuant to Section 17250.55.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.27.

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).
(Added by Stats. 2019, Ch. 275, Sec. 1. (SB 743) Effective January 1, 2020. Repealed as of January 1, 2025, pursuant to Section 17250.55.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.30.

17250.30. (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the school district, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond.
(b) The design-build contract shall require errors and omissions insurance coverage for the design elements of the project.
(c) The school district shall develop a standard form of payment and performance bond for its design-build projects.
(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50. Repealed as of January 1, 2025, pursuant to Section 17250.55.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.35.

17250.35. (a) The school district, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code.
(b) Following award of the design-build contract, the design-build entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work:
(1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due.
(2) Establish reasonable qualification criteria and standards.
(3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The foregoing process does not apply to construction subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code.
(Amended (as added by Stats. 2015, Ch. 752, Sec. 2) by Stats. 2016, Ch. 86, Sec. 56. (SB 1171) Effective January 1, 2017. Repealed as of January 1, 2025, pursuant to Section 17250.55.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.40.

17250.40. (a) If the school district elects to award a project pursuant to this chapter, retention proceeds withheld by the school district from the design-build entity shall not exceed 5 percent.
(b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the school district agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, prior to or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the school district and the design-build entity from any payment made by the design-build entity to the subcontractor.
(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50. Repealed as of January 1, 2025, pursuant to Section 17250.55.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.45.

17250.45. Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law.
(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50. Repealed as of January 1, 2025, pursuant to Section 17250.55.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.50.

17250.50. This chapter shall become operative on July 1, 2016.
(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Repealed as of January 1, 2025, pursuant to Section 17250.55. Note: Delayed operative date applies to Chapter 2.5, commencing with Section 17250.10.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.52.

17250.52. Beginning January 1, 2023, a project using an alternative design-build contract, as defined in Section 17250.60, entered into on or after January 1, 2023, shall be governed by Chapter 2.6 (commencing with Section 17250.60).
(Added by Stats. 2022, Ch. 571, Sec. 13. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2025, pursuant to Section 17250.55.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.5 - Design-Build Contracts › Section 17250.55.

17250.55. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that takes effect before January 1, 2025, deletes or extends that date.
(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Repealed as of January 1, 2025, by its own provisions. Note: Repeal affects Chapter 2.5, commencing with Section 17250.10.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.6 - Alternative Design-Build Contracts › Section 17250.60.

17250.60. For purposes of this chapter, the following definitions apply:
(a) “Alternative design-build” means a project delivery process in which both the design and construction of a project are procured from a single design-build entity based on its proposed design cost, general conditions, overhead, and profit as a component of the project price.
(b) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
(2) A best value determination may involve the selection of the lowest cost proposal meeting the interests of the school district and the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring school district, or a tradeoff between price and other factors.
(c) “Construction subcontract” means a subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or will render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the state which, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to an alternative design-build contract.
(e) (1) “Design-build team” means the design-build entity and the individuals or other entities identified by the design-build entity as members of its team.
(2) Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f) “Project” means the construction of any school facility.
(Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.6 - Alternative Design-Build Contracts › Section 17250.61.

17250.61. (a) A school district, with approval of its governing board, may procure alternative design-build contracts for projects in excess of five million dollars ($5,000,000), awarding the contract to either the low bid or the best value.
(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 an alternative 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 alternative design-build contracts authorized under this chapter.
(Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.6 - Alternative Design-Build Contracts › Section 17250.63.

17250.63 (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 an alternative 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).
(Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.6 - Alternative Design-Build Contracts › Section 17250.64.

17250.64. (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the school district, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond.
(b) The alternative design-build contract shall require errors and omissions insurance coverage for the design elements of the project.
(c) The school district shall develop a standard form of payment and performance bond for its alternative design-build projects.
(Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.6 - Alternative Design-Build Contracts › Section 17250.65.

17250.65. (a) The school district, in each alternative design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code.
(b) Following award of the alternative design-build contract, the design-build entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work:
(1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due.
(2) Establish reasonable qualification criteria and standards.
(3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process described in this subdivision does not apply to construction subcontractors listed in the original proposal, including, but not limited to, the construction subcontractors that were identified as part of the design-build team. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code.
(c) Construction subcontracts shall be subject to an open book evaluation by the school district. Based on the open book evaluation, the school district shall set the price of the alternative design-build contract. The alternative design-build contract may be subject to further negotiation or amendment. If the school district and the design-build entity are unable to reach an agreement, the school district may terminate the alternative design-build contract.
(d) A licensed construction subcontractor that provides design services used on a project authorized by this chapter shall not be responsible for any liability arising from that subcontractor’s design if the construction subcontract for that design is not performed by that subcontractor.
(Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.6 - Alternative Design-Build Contracts › Section 17250.66.

17250.66. (a) If the school district elects to award a project pursuant to this chapter, retention proceeds withheld by the school district from the design-build entity shall not exceed 5 percent.
(b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the school district agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the school district and the design-build entity from any payment made by the design-build entity to the subcontractor.
(Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.6 - Alternative Design-Build Contracts › Section 17250.67.

17250.67. (a) A school district that uses the alternative design-build procurement method pursuant to this chapter shall, no later than January 1, 2028, submit to the appropriate policy and fiscal committees of the Legislature a report on the use of the procurement method.
(b) The report shall include, but is not limited to, the following information:
(1) A description of the projects awarded using the alternative design-build procurement method.
(2) The contract award amounts.
(3) The design-build entities awarded the projects.
(4) A description of any written protests concerning any aspect of the solicitation, bid, or award of the contracts, including the resolution of the protests.
(5) A description of the prequalification process.
(6) The number of subcontractors listed by construction trade type on each project that provided design services, but did not meet the target price for their scope of work and therefore did not perform construction services on that project.
(7) Whether the school district used any portion of a design prepared by a subcontractor that did not perform the construction work.
(8) The number of subcontractors listed by construction trade type on each project that meet the definition of a small business under subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 14837 of the Government Code.
(9) The number of subcontractors listed by construction trade type on each project that meet the definition of a microbusiness under paragraph (2) of subdivision (d) of Section 14837 of the Government Code.
(10) If a project awarded under this chapter has been completed, an assessment of the project performance, including, but not limited to, a summary of any delays or cost increases.
(c) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.6 - Alternative Design-Build Contracts › Section 17250.68.

17250.68. Beginning January 1, 2023, this chapter shall govern a project using an alternative design-build contract entered into on or after January 1, 2023. Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law. This chapter shall not affect, invalidate, or limit any design-build contract awarded before the effective date of this chapter in accordance with Chapter 2.5 (commencing with Section 17250.10), including any contract awarded under that chapter using an alternative design-build methodology.
(Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 2.6 - Alternative Design-Build Contracts › Section 17250.69.

17250.69. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 2.6 commencing with Section 17250.60.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 1 - State Department of Education: Powers and Duties › Section 17251.5.

17251.5. Notwithstanding any law, when using exclusively local funds for acquisition of a potential schoolsite, a school district is not required to receive final approval of a site by the State Department of Education prior to adopting a resolution of necessity in an eminent domain proceeding or prior to closing escrow on a site purchase through voluntary sale.
(Added by Stats. 2002, Ch. 33, Sec. 26. Effective April 29, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 1 - State Department of Education: Powers and Duties › Section 17252.

17252. All money collected by the State Department of Education under the provisions of this article shall be available for the use of the department pursuant to appropriations for any use that may from time to time be made by the Legislature.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 1 - State Department of Education: Powers and Duties › Section 17253.

17253. (a) The Legislature finds and declares the following:
(1) The Department of Water Resources, pursuant to Division 3 (commencing with Section 6000) of the Water Code, exercises regulatory control over dam safety in the State of California.
(2) The department approves all plans and specifications, certifies that any dam is safe to impound water, periodically inspects all dams for the continuing safety of all impounding structures, and may revoke any certification allowing impoundment of water if it is determined that the dam is a danger to life and property.
(b) If the Department of Water Resources has asserted and continues to exercise its regulatory control over the Domenigoni Valley Reservoir Project, the State Department of Education, when evaluating schoolsites, shall not require mitigation related to potential dam breach inundation of the Domenigoni Valley Reservoir Project.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 1 - State Department of Education: Powers and Duties › Section 17255.

17255. The Energy Resources Conservation and Development Commission shall, in consultation with the State Department of Education and the Division of the State Architect and the Office of Public School Construction within the Department of General Services, recommend best design practices that include energy efficiency measures for all new public schools. The practices and measures shall have as a goal incorporating energy efficiency design and technologies that would provide the greatest amount of energy efficiency savings within a cost recapture period of seven years. The commission may additionally recommend best design practices and measures that would be cost-effective taking into consideration life-cycle costs. The recommendations shall be reported to the Governor and the Legislature by October 1, 2003.
(Added by Stats. 2002, Ch. 498, Sec. 1. Effective January 1, 2003.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 1 - State Department of Education: Powers and Duties › Section 17256.

17256. The department and the Office of Public School Construction shall each develop regulations that provide local educational agencies with flexibility in the design of instructional facilities under this article and the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10) for consideration by the state board and the State Allocation Board. The regulations shall be consistent with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as it read on January 1, 2015.
(Added by Stats. 2017, Ch. 837, Sec. 4. (AB 203) Effective January 1, 2018.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 2 - Plans › Section 17260.

17260. As used in this article “school buildings” shall have the same meaning as in Section 17283.
(Amended by Stats. 1998, Ch. 407, Sec. 5. Effective August 27, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 2 - Plans › Section 17261.

17261. The State Allocation Board shall obtain construction plans for school buildings appropriate for school districts in various climates and geographical conditions of the state. The plans shall be composed of plans designed to meet the needs of school districts requiring school buildings of various sizes. The plans may include landscape suggestions. The plans may include designs that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools.
(Amended by Stats. 2006, Ch. 35, Sec. 13. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 2 - Plans › Section 17262.

17262. Any school district may request sets of the plans and specifications obtained by the State Allocation Board as appropriate for use in constructing a school building of the type desired by the school district. The plans and specifications shall be furnished to the school district subject to the payment by the school district of the actual expense incurred by the State Allocation Board, but that payment shall not exceed more than 2 percent of the total cost of the project. Any payments received for the plans and specifications shall be paid into the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, or the 2004 State School Facilities Fund, as appropriate.
(Amended by Stats. 2002, Ch. 33, Sec. 27. Effective April 29, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 2 - Plans › Section 17263.

17263. The plans and specifications for any school building as defined in Section 17283, together with estimates of cost, shall be submitted by the board to the Department of General Services for approval.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 2 - Plans › Section 17264.

17264. (a) Commencing January 1, 1992, all plans and specifications for the construction of a new or modernized elementary school building shall be designed to provide appropriate space, consistent with the needs of the attendance area of the school, to accommodate before-school and after-school child care programs. The State Allocation Board may waive this requirement if it determines that the school district will experience an educational or financial hardship in this accommodation.
(b) For purposes of this section, first consideration in the design of space to be used for the before-school and after-school child care programs shall be within the multipurpose room.
(c) For purposes of this section, the terms “new construction” and “modernization” shall have the same meaning as those words are used in Chapter 12 (commencing with Section 17000) of Part 10.
(d) No funding shall be made available to any child care program or facility pursuant to this chapter unless all of the following conditions are met:
(1) The program facility is open to children without regard to any child’s religious beliefs or any other factor related to religion.
(2) No religious instruction is included in the program.
(3) The space in which the program is operated is not utilized in any manner to foster religion during the time used for the program.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 2 - Plans › Section 17265.

17265. All provisions of Sections 17280 to 17313, inclusive, are made applicable to school buildings as defined in Section 17283 constructed from plans and specifications furnished under Sections 17260 to 17267, inclusive, except as otherwise provided in the latter sections.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 2 - Plans › Section 17266.

17266. The district shall furnish its own architect or structural engineer, or both, for necessary structural engineering and supervision of construction.
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 10.5 - SCHOOL FACILITIES › CHAPTER 3 - Construction of School Buildings › ARTICLE 2 - Plans › Section 17267.

17267. The governing board of a school district shall, before letting any contract for the construction of a school building as defined in Section 17283 according to the plans and specifications, file a set of the plans and specifications with the Department of General Services accompanied by a filing fee pursuant to Section 17300.
(Amended by Stats. 2017, Ch. 19, Sec. 1. (AB 111) Effective June 27, 2017.)