reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 3 - Contracts › Section 81653.

81653. The governing board of any community college district may purchase from the federal government or any agency thereof any surplus property, as defined in the Surplus Property Act of 1944, in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 3 - Contracts › Section 81655.

81655. Wherever in this code the power to contract is invested in the governing board of the community college district or any member thereof, such power may by a majority vote of the board be delegated to its district superintendent, or to such persons as he may designate, or if there be no district superintendent then to such other officer or employee of the district as the board may designate. Such delegation of power may be limited as to time, money or subject matter or may be a blanket authorization in advance of its exercise, all as the governing board may direct; provided, however, that no contract made pursuant to such delegation and authorization shall be valid or constitute an enforceable obligation against the district unless and until the same shall have been approved or ratified by the governing board, said approval or ratification to be evidenced by a motion of said board duly passed and adopted. In the event of malfeasance in office, the district official invested by the governing board with such power of contract shall be personally liable to the district employing him for any and all moneys of the district paid out as a result of such malfeasance.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 3 - Contracts › Section 81656.

81656. The governing board by majority vote may adopt a rule, delegating to any officer or employee of the district as the board may designate, the authority to purchase supplies, materials, apparatus, equipment, and services. No such rule shall authorize any officer or employee to make any purchases involving an expenditure by the district in excess of the amount specified by Section 20651 of the Public Contract Code. The rule shall prescribe the limits of the delegation as to time, money, and subject matter. All transactions entered into by the officer or employee shall be reviewed by the governing board every 60 days.
In the event of malfeasance in office, the community college district officer or employee invested by the governing board with the power to contract shall be personally liable for any and all moneys of the district paid out as a result of the malfeasance.
(Amended by Stats. 1985, Ch. 680, Sec. 8.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 3.5 - Energy Management Systems › Section 81660.

81660. Any community college district may enter into an energy management agreement for energy management systems with any person, firm, corporation, or public agency pursuant to this article. As used in this article, “energy management systems” means solar, energy, or solar and energy management systems.
(Added by Stats. 1983, Ch. 286, Sec. 2.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 3.5 - Energy Management Systems › Section 81661.

81661. In determining the lowest responsible bidder for an energy management system pursuant to Section 20651 of the Public Contract Code, the governing board of any community college district shall consider the net cost or savings of each system. For the purposes of this section, “net cost or savings” means the cost of the system to the district, if any, less the projected energy savings to be realized from the energy management system. The governing board may require an independent evaluation of the projected energy savings.
(Amended by Stats. 1995, Ch. 758, Sec. 120. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 3.5 - Energy Management Systems › Section 81662.

81662. The term of any energy management agreement shall not exceed the estimated useful life of the energy management system, but in no event shall the term exceed 15 years.
(Added by Stats. 1983, Ch. 286, Sec. 2.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 3.5 - Energy Management Systems › Section 81663.

81663. (a) The governing board of any community college district may borrow funds from federal or state regulated financial institutions for design and construction costs associated with retrofitting buildings to become more energy efficient. The amount borrowed shall not exceed the amount that can be repaid from energy cost avoidance savings accumulated from the improvement of facilities.
(b) Any savings association may make loans or advances of credit pursuant to subdivision (a) in an amount not in excess of 5 percent of its total assets. This investment may be in addition to any other investment savings associations are permitted to undertake.
(Added by Stats. 1991, Ch. 1038, Sec. 8. Effective October 14, 1991.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 4 - Community College Property › Section 81670.

81670. The governing board of any community college district may construct and maintain dormitories in connection with any community college within the district for use and occupancy by students in attendance at the community college, and shall fix the rates to be charged the students for quarters in the dormitories.
(Added by Stats. 1982, Ch. 251, Sec. 17. Effective June 11, 1982.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 4 - Community College Property › Section 81676.

81676. Any person who is employed in a bookstore maintained by a community college pursuant to this section is a member of the classified service of the district in accordance with Section 88020. In the case of a person who, immediately preceding becoming a member of the classified service of a school district pursuant to this section, was employed, other than as a student or substitute employee, in a community college bookstore maintained by a student body organization, such prior service shall, for all purposes, be deemed service in the classified service of the employing community college district.
The disposition and accounting of revenue and expenditures of the bookstore operation shall be as prescribed by the California Community Colleges Budget and Accounting Manual. Net proceeds from the operation of a community college bookstore shall be used for the general benefit of the student body as determined by the governing board. Money may be expended for services and property, including, but not limited to, parking facilities, stadia, student centers, student unions, health centers, bookstores or auxiliary facilities for use of students or faculty members of the community college or employees of the district. Funds derived from the operation of a community college bookstore shall be subject to audit pursuant to Section 84040.
(Amended by Stats. 1989, Ch. 1340, Sec. 2. Effective October 2, 1989.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 4 - Community College Property › Section 81677.

81677. The governing board of any community college district may establish and operate a fire department upon any community college campus governed by it and located wholly outside any city, fire protection district or other local agency which provides fire protection service. No such fire department shall be established until the board has first received approval in writing from the local agency formation commission for the county in which all or the major portion of such campus is located.
The board of trustees of any district within which the fire department is established pursuant to this section may enter into mutual aid agreements with other governmental agencies providing fire protection, and may contract with owners or occupants of property within the vicinity of the campus on which such department is located for fire protection service, but only during such time as such property is not within the territory of any city, fire protection district or other local agency which provides fire protection service.
Any fire department established pursuant to this section may be continued notwithstanding the subsequent annexation of any portion of the campus on which it is located to any city, fire protection district or other local agency providing fire protection service. As used in this section, the operation of a fire department shall be deemed to include the maintenance and operation of ambulances and rescue and first aid services.
During the time any department is operated pursuant to this section, the board may on behalf of its fire department maintain membership in any local, state or national group or association organized or operated for the promotion or the preservation of life and property from the hazards of fire and panic.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3 - Management and Control of Property › ARTICLE 4 - Community College Property › Section 81678.

81678. (a) As provided in Section 15792 of the Government Code, community college districts are eligible for reimbursement for the purchase of equipment related to a facility, regardless of whether the facility was built or purchased with funds appropriated by the Legislature and that funding for equipment shall be provided in the same manner as for other community college facilities.
(b) On or before January 1, 1999, the Board of Governors of the California Community Colleges shall adopt regulations to implement this section. However, prior to adopting these regulations, the Chancellor of the California Community Colleges shall consult with the Department of Finance and the Legislative Analyst.
(Added by Stats. 1997, Ch. 342, Sec. 2. Effective January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3.5 - Design-Build Contracts › Section 81700.

81700. (a) It is the intent of the Legislature to enable community college districts to use safe and cost-effective options for building and modernizing community college facilities. The Legislature has recognized the merits of the design-build procurement process in the past by authorizing its use for projects undertaken by the University of California, specified local government projects, including school districts, and state office buildings.
(b) The Legislature also finds and declares that community college districts using a design-build contract require a clear understanding of the roles and responsibilities of each participant in the design-build process. The benefits of a design-build contract project delivery system include accelerated completion of the projects, cost containment, reduction of construction complexity, and reduced exposure to risk for the community college district. The Legislature also finds that the cost-effective benefits to the community college districts are achieved by shifting the liability and risk for cost containment and project completion to the design-build entity.
(c) It is the intent of the Legislature to provide an optional, alternative procedure for bidding and building community college construction projects.
(d) In addition, it is the intent of the Legislature that the full scope of design, construction, and equipment awarded to a design-build entity under this chapter shall be authorized in a single funding phase. The funding phase may be authorized concurrently with, or separately from, the phase that authorizes the creation of the performance criteria and concept drawings.
(e) It is the intent of the Legislature that design-build procurement as authorized by this chapter shall not be construed to extend, limit, or change in any manner the legal responsibility of public agencies and contractors to comply with existing laws.
(f) In addition, it is the intent of the Legislature that design-build procurement does not replace or eliminate competitive bidding.
(Amended by Stats. 2012, Ch. 736, Sec. 3. (SB 1509) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 81709.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3.5 - Design-Build Contracts › Section 81701.

81701. As used in this chapter, the following terms have the following meanings:
(a) “Best value” means a value determined by objective criteria and may include, but need not be limited to, price, features, functions, life-cycle costs, and other criteria deemed appropriate by the community college district.
(b) “Design-build” means a procurement process in which both the design and construction of a project are procured from a single entity.
(c) “Design-build entity” means a corporation, limited partnership, partnership, or other association that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.
(Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3.5 - Design-Build Contracts › Section 81702.

81702. (a) Upon a determination by a community college district governing board that it is in the best interest of the community college district, the governing board may enter into a design-build contract for both the design and construction of a community college facility if that expenditure exceeds two million five hundred thousand dollars ($2,500,000) if, after evaluation of the traditional design, bid, and build process of community college facility construction and of the design-build process in a public meeting, the governing board makes written findings that use of the design-build process on the specific project under consideration will accomplish one of the following objectives: reduce comparable project costs, expedite the project’s completion, or provide features not achievable through the traditional design-bid-build method. The governing board shall also review the guidelines developed pursuant to Section 81706 and shall adopt a resolution approving the use of a design-build contract pursuant to this chapter prior to entering into a design-build contract.
(b) No state funds appropriated for a design-build capital outlay project may be expended until the Department of Finance and the State Public Works Board have approved performance criteria, or performance criteria and concept drawings, for the project to be financed from the appropriation for capital outlay.
(Amended by Stats. 2007, Ch. 471, Sec. 7. Effective January 1, 2008. Repealed as of January 1, 2030, pursuant to Section 81709.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3.5 - Design-Build Contracts › Section 81705.

81705. (a) The minimum performance criteria and design standards established pursuant to this chapter by a community college district for quality, durability, longevity, and life cycle costs, and other criteria deemed appropriate by the community college district shall be adhered to by the design-build entity. Any deviations from those standards may only be allowed by written consent of the community college district. The governing board may, and is strongly encouraged to, retain the services of an architect or structural engineer throughout the course of the project in order to ensure compliance with this chapter. Any architect or structural engineer retained pursuant to this subdivision shall be duly licensed and registered in California.
(b) The community college district governing board shall be the employer of the inspector. The project inspector shall be fully independent from any member of the design-build entity and may not have any affiliation with any member of the design-build entity or any of the project subcontractors. The total price of the project shall be determined either upon receipt of the lump-sum bids as set forth in paragraph (1) of subdivision (c) of Section 81703, or by completion of the process pursuant to paragraph (2) of subdivision (c) of Section 81703.
(c) The project inspector shall act under the direction of either the Director of General Services or a competent, qualified agent of the community college district.
(d) Each contract with a design-build entity shall provide that no construction or alteration of any community college facility pursuant to this section shall commence prior to the receipt of the written approval of the plans, as to the safety of design and construction, from the Department of General Services. Compliance with this provision shall be deemed to be in compliance with Section 81133.
(e) The design-build entity shall be liable for building the facility to specifications set forth in the design-build contract in the absence of contractual language to the contrary.
(Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3.5 - Design-Build Contracts › Section 81707.

81707. Each community college district governing board that adopts the design-build process for a project pursuant to this chapter shall submit to the Legislative Analyst a report on the project at the completion of the project. Completion shall have the same meaning as defined in subdivision (c) of Section 7107 of the Public Contract Code. This report shall be submitted within 60 days after completion of the project. The Legislative Analyst shall submit an interim report to the Legislature by January 1, 2005, and a final report to the Legislature by January 1, 2007. The reports shall include, but not be limited to, all of the following information as to each project:
(a) The type of facility.
(b) The gross square footage of the facility.
(c) The company or contractor who was awarded the project.
(d) The estimated and actual length of time to complete the project.
(e) The estimated and actual project cost.
(f) A description of the relative merits of a project procured pursuant to this chapter and similar projects procured pursuant to other provisions of this code.
(g) A description of any written protest concerning any aspect of the solicitation, bid, proposal, or award of the design-build project, including the resolution of the protest.
(h) Other pertinent information that may be instructive in evaluating whether the design-build method of procurement should be continued, expanded, or prohibited.
(i) The findings established pursuant to Section 81702 and a postcompletion evaluation as to whether the findings were achieved.
(j) Any Labor Code violations discovered during the course of construction or following completion of the project, as well as any fines or penalties assessed.
(Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3.5 - Design-Build Contracts › Section 81708.

81708. A community college district shall not commence any additional design-build projects if 60 days has elapsed after completion of a design-build project without having filed the report to the Legislative Analyst’s Office required pursuant to Section 81707.
(Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 3.5 - Design-Build Contracts › Section 81709.

81709. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date.
(Added by Stats. 2019, Ch. 492, Sec. 3. (AB 695) Effective January 1, 2020. Repealed as of January 1, 2030, by its own provisions.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 1 - Definitions and General Provisions › Section 81800.

81800. (a) This chapter shall be known and may be cited as the Community College Construction Act of 1980.
(b) The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to provide assistance to community college districts for the construction of community college facilities. The community college system is of general concern and interest to all the people of the state, and the education of community college students is a joint obligation and function of both the state and community college districts.
In enacting this chapter, the Legislature considers that there is a need to provide adequate community college facilities that will be required to accommodate community college students resulting from growth in population and from legislative policies expressed through implementation of the Master Plan for Higher Education.
(Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 1 - Definitions and General Provisions › Section 81805.

81805. This chapter shall be administered by the Board of Governors of the California Community Colleges, and for purposes of the administration the board of governors shall adopt all necessary rules and regulations.
For purposes of this chapter, the board of governors shall assemble statewide data on facility and construction costs, and on the basis thereof formulate cost standards and construction standards. The formulation of standards shall include also the formulation of average ratios of equipment cost to total project costs, unit equipment costs per faculty or other staff measure, and unit costs related to floor areas.
(Amended by Stats. 1990, Ch. 1372, Sec. 566.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 1 - Definitions and General Provisions › Section 81807.

81807. Funds appropriated for a project of a community college district for purposes of this chapter shall be allocated and disbursed upon order of the Board of Governors of the California Community Colleges, and by warrants of the Controller issued pursuant thereto.
(Amended by Stats. 1990, Ch. 1372, Sec. 568.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 1 - Definitions and General Provisions › Section 81808.

81808. In the event an existing community college district is included in a newly formed community college district, any unused funds appropriated or authorized to be appropriated for a finally approved project of the included district pursuant to this chapter shall be transferred to the newly formed or including community college district on the date that such district is effective for all purposes, or prior to such effective date where the governing boards of the districts agree to such earlier transfer.
(Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 2 - Plans for Capital Construction › Section 81820.

81820. The governing board of each community college district shall prepare and submit to the Board of Governors of the California Community Colleges a plan for capital construction for community college purposes of the district. The plan shall reflect capital construction for community college purposes of the district for the five-year period commencing with the next proposed year of funding. The five-year plan shall be subject to continuing review by the governing board and annually shall be extended one year, and there shall be submitted to the board of governors, on or before the first day of February in each succeeding year, a report outlining the required modifications or changes, if any, in the five-year plan.
(Amended by Stats. 1990, Ch. 1372, Sec. 571.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 2 - Plans for Capital Construction › Section 81821.

81821. (a)  The five-year plan for capital construction shall set out the estimated capital construction needs of the district with reference to at least both of the following elements:
(1) The current enrollment capacity of the district expressed in terms of weekly student contact hours and based upon the space and utilization standards for community college classrooms and laboratories adopted by the board of governors.
(2) District office, library, and supporting facility capacities as derived from the physical plant standards for office, library, and supporting facilities adopted by the board of governors.
(b) The five-year plan for capital construction may also set out the estimated capital construction needs of the district with reference to other elements, including, but not limited to:
(1) The plans of the district concerning its future academic and student services programs, and the effect on estimated construction needs that may arise because of particular courses of instruction or subject matter areas or student services to be emphasized.
(2) The enrollment projections for each district formulated by the Department of Finance, expressed in terms of weekly student contact hours. The enrollment projections for each individual college and educational center within a district shall be made cooperatively by the Department of Finance and the Chancellor of the California Community Colleges.
(3) An annual inventory of all facilities and land of the district using standard definitions, forms, and instructions adopted by the board of governors.
(4) An estimate of district funds that shall be made available for capital outlay matching purposes pursuant to regulations adopted by the board of governors.
(Amended by Stats. 2014, Ch. 34, Sec. 15. (SB 860) Effective June 20, 2014.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 2 - Plans for Capital Construction › Section 81822.

81822. The board of governors shall review and evaluate the plan for capital construction submitted by the governing board of each community college district in terms of the elements of the capital construction program specified in Section 81821, and shall, on the basis of the review and evaluation, make the revision and changes therein as are appropriate, and notify the district. A similar review and evaluation of continuing five-year plans for capital construction submitted by the governing board of each community college district shall be made. The board of governors shall, promptly after review, notify the governing board of each community college district of the content of the district’s revised plan for capital construction.
(Amended by Stats. 1990, Ch. 1372, Sec. 573.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 2 - Plans for Capital Construction › Section 81823.

81823. (a) If a community college district maintains colleges, or one college and one or more educational centers, it may additionally submit the plan required by Section 81820 on the basis of each college or educational center maintained by the district, if either of the following circumstances is present such that students will be better served by evaluating the capital outlay program for the district on that basis: (1) the isolation of students within a district in terms of the distance of students from the location of an educational program, or inadequacy of transportation, and student financial inability to meet costs of transportation to an educational program; or (2) the inability of existing colleges and educational centers in the district to meet the unique educational and cultural needs of a significant number of ethnic students.
(b) If a district elects to submit such a plan, it shall include therewith justification and documentation for so doing.
(c) When a district so elects, the evaluation of the plan pursuant to Section 81822 shall include an evaluation of both of the following:
(1) The justification and documentation for so doing, including enrollment projections for individual campuses and centers.
(2) The plan as thus submitted.
(Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 3 - Project Proposals › Section 81836.

81836. The Board of Governors of the California Community Colleges shall:
(a) Advise the governing board of each community college district on the acquisition of new college sites, and after a review of available plots, give the governing board of the district in writing a list of the approved locations in the order of their merit, considering especially the matters of educational merit, reduction of traffic hazards, and conformity to the organized regional plans as presented in the master plan of the planning commission having jurisdiction, and charge the governing board of the community college district a reasonable fee as determined by the board of governors for each 10 acres or fraction thereof of schoolsite reviewed.
(b) Establish standards for community college facilities.
(c) Review plans and specifications for all construction in those community college districts that have submitted plans and specifications therefor to the board of governors for approval.
(d) For services rendered for the review of plans and specifications of a proposed project, the board of governors shall charge a reasonable fee as established by it.
(e) Approve plans and specifications submitted by governing boards of community college districts, and return without approval and with recommendation for changes, any plans not conforming to established standards.
(Amended by Stats. 1990, Ch. 1372, Sec. 577.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 3 - Project Proposals › Section 81837.

81837. The governing board of each community college district, before letting any contract or contracts totaling one hundred fifty thousand dollars ($150,000), or more, in the erection of any new community college facility, or for any addition to, or alteration of, an existing community college facility, shall submit plans therefor to the Board of Governors of the California Community Colleges, and obtain the written approval of the plans by the board of governors. No contract for construction made by any governing board of a community college district contrary to this section is valid, nor shall any public money be paid for erecting, adding to, or altering any facility in contravention of this section.
(Amended by Stats. 1990, Ch. 1372, Sec. 578.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 4 - Community College Construction Act of 1980 › ARTICLE 3 - Project Proposals › Section 81839.

81839. The governing board of a community college district may include a proposed site in its plans for a project and may enter into an agreement with the owner of property constituting such proposed site whereby the district, for an annual consideration to be borne by the district, is given an option to purchase, or lease with an option to purchase such property at an unspecified future date, as a building site.
The existence of such an agreement shall in no way affect the determination of the share of the cost of the project to be borne by the state under this chapter, and the consideration paid by the district for such option or lease shall not be considered part of the cost of the project in determining the state’s share of the funding thereof.
Such option or lease agreement shall constitute an obligation of the district and shall not be construed as in any way creating an obligation on the part of the state.
(Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81901.

81901. (a) The governing board of any community college district may issue revenue bonds pursuant to this chapter.
(b) The board, for the purpose of this chapter, has power and is hereby authorized, in addition to and amplification of all other powers conferred upon the board by the Constitution of the State of California or by any statute of the State of California:
(1) To acquire subject to the state law, by grant, purchase, gift, devise, or lease, or by the exercise of the right of eminent domain, and to hold and use any real or personal property necessary or convenient or useful for the carrying on of any of its powers pursuant to this chapter.
(2) To construct, operate, and control any project.
(3) To fix rates, rents, or other charges for the use of any project acquired, constructed, equipped, furnished, operated, or maintained by the board, or for services rendered in connection therewith, and to alter, change, or modify the same at its pleasure, subject to any contractual obligation which may be entered into by the board with respect to the fixing of these rates, rents, or charges.
(4) To enter into covenants to increase rates or charges from time to time as may be necessary pursuant to any contract or agreement with the holders of any bonds of the board.
(5) At any time and from time to time, to issue revenue bonds in order to raise funds for the purpose of establishing any project, of acquiring lands for any project, of acquiring, constructing, improving, equipping, or furnishing any project, of refinancing any project, or for any combination of these purposes, which bonds may be secured as provided in this chapter.
(6) To exercise, subject to state law, the right of eminent domain for the condemnation of private property or any right or interest therein.
(7) To adopt the rules and regulations as may be necessary to enable the board to exercise the powers and to perform the duties conferred or imposed upon the board by this chapter.
(8) Nothing contained in this section or elsewhere in this chapter shall be construed directly or by implication to be in derogation of, or in limitation of, the powers conferred upon or existing in the board by virtue of provisions of the Constitution or statutes of this state.
(c) The board shall determine the time, form, and manner of the issuance of revenue bonds.
(Amended by Stats. 1990, Ch. 1372, Sec. 582.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81904.

81904. The validity of the authorization and issuance of any revenue bonds by the board is not dependent on or affected in any way by:
(a) Proceedings taken by the board for the acquisition, construction, or completion of any project or any part thereof.
(b) Any contracts made by the board in connection with the acquisition, construction, or completion of any project.
(c) The failure to complete any project for which bonds are authorized to be issued.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81905.

81905. The board shall issue revenue bonds in its name and as its obligation, but no bond issued or sold pursuant to this chapter shall be or become a lien, charge, or liability against the State of California, against the community college district, or against the board, or against the property or funds of the state, district, or board, except to the extent of the pledge of revenues or part of revenues of the project, as may be provided by the indenture pursuant to which revenue bonds are issued. Every revenue bond issued by the board shall contain a recital on the face thereof, stating that neither the payment of the principal nor any part thereof, nor any interest thereon, constitutes a debt, liability, or obligation of the State of California or of the community college district.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81907.

81907. The community college board may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates, denominations, form, registration, transfer, and interchange of any revenue bonds and coupons issued pursuant to this chapter, and the terms and conditions on which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. Reference on the face of the bonds to such indenture by its date of adoption, or the apparent date on the face thereof, is sufficient to incorporate all of the provisions of the indenture and of this chapter into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to all of the provisions of the indenture and of this chapter, and is bound thereby.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81909.

81909. An indenture may provide that payments of principal and interest of bonds shall be secured by all or by part of revenues.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81925.

81925. The county treasurer shall act as trustee for the board and the holders of bonds issued pursuant to this chapter. The board may authorize the trustee to act on behalf of the holders of the bonds, or any stated percentage thereof, and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders. The board may provide in the indenture for the deposit of all revenues received from the project with the trustee to be held in a separate account in the community college dormitory revenue fund of the district created by this chapter. The money in that fund shall be disbursed only as provided in the indenture.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81926.

81926. The board shall prescribe the duties and powers of the trustee with respect to the issuance, authentication, sale, and delivery of the bonds and the payment of principal and interest thereof, the redemption of the bonds, the registration and discharge from registration of the bonds, and the management of any sinking fund or other funds provided as security for the bonds.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81927.

81927. The board may provide for one or several issues of bonds and may issue bonds in series or may divide any issue into one or more divisions and fix different maturities or dates of such bonds, different rates of interest, or prescribe different terms and conditions for the bonds of the several series or divisions. It is not necessary that all bonds of the same authorized issue be of the same kind or character, have the same security, or be of the same interest rate, but the terms thereof shall in each case be provided for by the board at or prior to the issue thereof.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81928.

81928. Bonds may be issued as coupon bonds or as registered bonds. The board may provide for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds, and may provide that the bonds shall be registered as to principal only, or as to both principal and interest, or otherwise as the board may determine.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81929.5.

81929.5. Bonds shall bear interest at a rate of not to exceed 12 percent per annum, payable annually or semiannually, or in part annually and in part semiannually.
(Amended (as amended by Stats. 1984, Ch. 33) by Stats. 1989, Ch. 321, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81930.

81930. Bonds may be callable upon such terms and conditions, and upon such notice, as the board may determine, and upon the payment of such premium as may be fixed by the board in the proceedings for the issuance of the bonds. No bond is subject to call or redemption prior to its fixed maturity date unless the right to exercise the call is expressly stated on the face of the bond.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81932.

81932. The board may provide for the execution and authentication of bonds by the manual, or by lithographed or printed facsimile, signature of officers of the board and by additional authentication by the county treasurer as trustee. If any of the officers whose signatures or countersignatures appear upon the bonds or coupons cease to be officers before the delivery of the bonds or coupons, their signatures or countersignatures are nevertheless valid and of the same force and effect as if the officers had remained in office until the delivery of the bonds and coupons.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 5 - Community College Revenue Bond Act of 1961 › Section 81933.

81933. Bonds shall bear dates prescribed by the board. Bonds may be serial bonds or sinking fund bonds with such maturities as the board may determine. No bond by its terms shall mature in more than 50 years from its own date and, in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date authorized by this section shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue.
(Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.)