§ 1747. Steps to Proceed with Construction for Design-Bid-Build Projects.

(a) The BSCC shall ensure that the county is ready to proceed with construction. A participating county shall be deemed ready to proceed with construction when it has done all of the following:

(1) Met all the requirements in the proposal pursuant to Section 1730 for Phase I and Section 1730.2 for Adult Local Criminal Justice Facilities or the application pursuant to Section 1730.1 for Phase II of these regulations;

(2) As required in Section 1749, obtained compliance with the operational and physical plant requirements in the Minimum Standards for Local Detention Facilities in Title 15, CCR, Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 1231 and the fire and life safety requirements in Title 24, CCR, Part 2, Volume 1, Chapter 4, Section 408;

(3) Obtained confirmation that CDCR for Phase I and Phase II, or BSCC for Adult Local Criminal Justice Facilities, has received the following:

(A) Establishment of the scope, cost and schedule of the project by the Board;

(B) Approval of preliminary plans by the Board and the State Department of Finance;

(C) Approval of working drawings by the State Department of Finance;

(D) Approval of proceeding to bid by the State Department of Finance; and

(E) Approval of construction bid award by the State Department of Finance.

(4) Filed with the BSCC a schedule of values of expected state reimbursements, cash match, and in-kind match and other budget items, along with a construction schedule, project management plan, and names, roles and contact information of key county personnel;

(5) Filed with the BSCC a financial plan detailing arrangements to provide its portion of project costs, including reserves for cash flow, source of matching funds, and a schedule of anticipated match expenditure that is at least proportional to the expenditure of costs that are proposed to be reimbursed by the state;

(6) Filed with the BSCC a statement citing any exemptions from federal laws, state or local laws, regulations, ordinances, standards, or requirements;

(7) Filed with the BSCC documentation of California Environmental Quality Act compliance; and,

(8) Filed with the BSCC a written certification, that the county has control of the site, either through fee-simple ownership or comparable long-term possession, and right of access to the facility sufficient to assure undisturbed use and possession.

HISTORY

1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsections (a)(2) and (a)(9), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).

4. Amendment of section heading and section filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).

6. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.

7. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).

9. Amendment of section and Note filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.

Note

Note: Authority cited: Sections 15820.906, 15820.916 and 15820.925, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.906, 15820.911, 15820.916, 15820.92 and 15820.925, Government Code.