California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 1 - Board of State and Community Corrections
Chapter 1 - Board of State and Community Corrections
Subchapter 6 - Construction Financing Program
Article 3 - Application to Participate in Construction Financing Programs
Section 1747 - Steps to Proceed with Construction for Design-Bid-Build Projects

Universal Citation: 15 CA Code of Regs 1747

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(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, Section 1730.2 for SB 1022, Section 1730.3 for SB 863, and Section 1730.4 for SB 844 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 or CDCR 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;

(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.

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.
10. Amendment of section and NOTE refiled 7-7-2014 as an emergency; operative 7-7-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-7-2014 order transmitted to OAL 9-29-2014 and filed 11-6-2014 (Register 2014, No. 45).
12. Amendment of subsection (a)(3) and NOTE filed 6-18-2015 as an emergency; operative 6-18-2015 (Register 2015, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-15-2015 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-18-2015 order transmitted to OAL 11-13-2015 and filed 12-24-2015 (Register 2015, No. 52).
14. Amendment of NOTE filed 12-29-2016 as an emergency; operative 12-29-2016 (Register 2016, No. 53). A Certificate of Compliance must be transmitted to OAL by 6-27-2017 or emergency language will be repealed by operation of law on the following day.
15. Amendment of NOTE refiled 6-28-2017 as an emergency; operative 6-28-2017 (Register 2017, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2017 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 6-28-2017 order, including amendment of subsection (a)(1), transmitted to OAL 9-22-2017 and filed 11-3-2017; amendments operative 11-3-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 44).

Note: Authority cited: Sections 15820.906, 15820.916, 15820.925, 15820.935 and 15820.945, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.906, 15820.911, 15820.916, 15820.92, 15820.925, 15820.93, 15820.935, 15820.94 and 15820.945, Government Code.

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