SB 539: School facilities.

(1) The Leroy F. Greene School Facilities Act of 1998 provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of state funds by the State Allocation Board for the construction and modernization of public school facilities. The act permits a school district ​to apply for hardship assistance in cases of extraordinary circumstances. The act requires, for health and safety projects for school facilities that are determined by the Department of General Services to pose an unacceptable risk of injury to occupants in the event of a seismic event, a school district to demonstrate that certain conditions are satisfied, including that the school facilities are needed to ensure the health and safety of pupils if the health and safety of pupils is at risk.

This bill would apply the above-described provisions to health and safety projects for school facilities that are determined by the Department of General Services to pose an unacceptable risk of injury to occupants in the event of a wildfire, flood, or other state of emergency proclaimed by the Governor, and would specify that the above-described condition includes ending the disruption to the delivery of educational services due to damage to, or destruction of, school facilities. The bill, for projects approved under these provisions, would authorize a school district to employ design sequencing methods to allow for any project delivery method authorized under existing law to support concurrent coordination and approval by the State Department of Education, the State Architect, and the State Allocation Board for expedited permitting, approval, and construction processes, and would authorize those state agencies to use machine learning to automate nondiscretionary aspects of those processes. The bill would also authorize a school district to use machine learning to prepare documents and materials for the permitting process for these projects.

(2) Existing law requires the State Department of Education to take specified actions relating to the construction of school facilities, including to establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate and promote school safety.

This bill would require the department, the Division of the State Architect, the Office of Public School Construction, and the State Allocation Board, beginning July 1, 2026, and every 5 years thereafter, to engage the Government Operations Agency to collaboratively review the processes relating to school design and construction to identify short-term, intermediate, and long-term improvements that can be made to those processes. The bill would require those entities, on or before December 1, 2026, and every 5 years thereafter, to submit a report to the appropriate fiscal and policy committees of the Legislature that identifies process changes to streamline how local educational agencies receive the approval required for school construction and secure state funding. The bill would require the report required on or before December 1, 2026, to also address specified priorities, including, among other things, implementation of specific timeframes for the Division of the State Architect to review submitted proposals and the development of an alternative project delivery method specific to the need to expedite school reconstruction and repair in the aftermath of an emergency.