8878.90. (a) The State Architect, with the consultation of the
Seismic Safety Commission and the agency, shall establish criteria
for projects potentially eligible for an appropriation from the
Legislature, pursuant to subdivision (b) of Section 8878.55 based on
factors including the populations at risk of injury and the
cost-effectiveness of remedial actions.
(b) The State Architect shall establish the criteria for potential
funding pursuant to subdivision (b) of Section 8878.55 based upon
the following order of seismic hazard reduction priorities:
(1) Abatement of falling hazards, as defined by the State
Architect with the consultation of the Seismic Safety Commission,
that are structural or nonstructural components of buildings or
facilities and that pose serious threats to life, including, but not
limited to, parapets, appendages, cornices, hanging objects, and
building cladding.
(2) The seismic retrofitting of those buildings or facilities for
which partial, localized, or phased seismic retrofits will
significantly reduce collapse hazards with minimal disruption to
either the operation of the buildings or facilities or disruption of
the occupants of the buildings or facilities.
(3) All other buildings or facilities requiring seismic
retrofitting.
8878.95. Applications for funds for local government buildings
under this article shall be made to the State Architect in the form
and with the supporting material as prescribed by the State
Architect.
8878.96. Any appropriation of bond funds pursuant to this article
may include provisions as agreed by the parties thereto, and the
contract shall include, but not be limited to, all of the following:
(a) An estimate of the reasonable cost of the project.
(b) An agreement by the State Architect to grant to the local
government, during the progress of construction or following
completion of construction as agreed by the parties, an amount which
equals no more than 75 percent of the portion of construction costs
found by the State Architect to be eligible for a state grant.
(c) An agreement by the local government to (1) proceed
expeditiously with, and complete, the project, (2) commence operation
of the project upon completion thereof, (3) properly operate and
maintain the project in accordance with the applicable provisions of
law, and (4) provide for payment of the local government's share of
the cost of the project.
(d) At least 25 percent of the total cost for the seismic
rehabilitation of the project, for the purposes specified in
subdivision (b) of Section 8878.55, shall be paid by the local
government.
8878.98. Allocations are limited to only the seismic rehabilitation
portion of the improvement project, as determined by the State
Architect. To the extent that other elements of work are proposed, a
cost-sharing formula shall be developed by the State Architect which
will be applicable to planning and design costs for the total
project. The retrofitting portion of any project shall, to the
greatest extent possible, be conducted during the same general period
of time that life safety hazards, including, but not limited to,
asbestos-related hazards or fire and panic safety hazards, are
abated, or when periodic renovation or maintenance of the essential
services building is performed.
8878.99. (a) Allocations made by the State Architect to local
governments shall only be used to improve existing essential services
buildings, as defined in Section 16007 of the Health and Safety
Code, and emergency and public safety local buildings, including, but
not limited to, county hospitals, courthouses, and city halls to
resist earthquakes, and remain operational after a major earthquake.
The allocations may be made with respect to all, or any part, of the
building, but the allocations shall be used only for seismic
retrofitting.
(b) Improvements to essential services facilities of local
governments shall be considered in the order prescribed by the State
Architect, consistent with subdivision (b) of Section 8878.100.
(c) Notwithstanding any other provision of law, except for Section
8878.90, if a local government determines, and the State Architect
concurs, that because of the age, material used in construction,
potential for ground failure in an earthquake, or the type of
construction or the design of the structure that it would be more
cost-effective to replace or relocate rather than rehabilitate the
potentially eligible essential services facility or emergency or
public safety local building, an allocation of up to that amount
determined to be necessary for the seismic retrofit of the original
structure, but not to exceed the actual cost of replacement and
relocation, may be applied to the construction of the replacement
facility under the following conditions:
(1) The essential services contained in the original facility
shall be relocated to the replacement facility.
(2) If a new facility is constructed, the original facility shall
not be eligible for additional funding under this program.
(3) If the original essential services facility or emergency or
public safety local building is designated as an historic building as
defined in Section 18955 of the Health and Safety Code, the State
Architect shall consult with the Office of Historic Preservation
before agreeing to any proposal to demolish the facility.
8878.100. Funds shall be distributed by the State Architect in the
following manner:
(a) Upon receipt of an application by a local government for a
grant pursuant to this article, the office or the State Architect may
propose improvements to the project which will meet regional needs
in a cost-effective manner. These improvements may include, but need
not be limited to, structural strengthening, hardening of
communication equipment, providing emergency power equipment, and
other capital improvements which can be demonstrated as part of an
emergency response plan which has a description of the critical
facilities needed to support emergency response. The office, the
State Architect, and the applicant may agree to include these capital
improvements in the grant.
(b) In coordination with the Seismic Safety Commission and agency,
and with the input of the potentially eligible local governments,
the State Architect, consistent with Section 8878.90, shall establish
a priority list of the types of potentially eligible local
government buildings and facilities which are eligible to receive a
state grant pursuant to this article.
(c) After completion of the priority list, the State Architect
shall present this list of potentially eligible local government
buildings and facilities to the Department of Finance for its review
and consideration of whether to recommend to the Governor to include
this list in the Budget Bill or other legislative proposal. The
Legislature may review and appropriate funds available under this
bond act for specific projects on the list which it deems
appropriate.
(d) The State Architect shall allocate funds to local governments
for the seismic retrofit of buildings or facilities based upon
projects and appropriations approved in the Budget Bill or some other
bill by the Legislature as provided in this section. Payments shall
be made on a progress basis.
8878.101. (a) An application for an allocation pursuant to this
article shall not be recommended for approval by the State Architect
unless the project meets the minimum seismic safety standards as
established by the State Architect. Preliminary design work,
including preliminary plans and a detailed cost estimate for the
project shall be completed and submitted with the application.
(b) Any proposal for a project addressing more than seismic
retrofit shall include a certification by the project architect or
consulting engineer of the portion of the cost required for the
eligible seismic improvements.
(c) If the project involves an essential services building, no
allocation of funds may be made unless the State Architect finds that
the project or the project plan is consistent with the Essential
Services Building Seismic Safety Act of 1986 (Chapter 2 (commencing
with Section 16000) of Division 12.5 of the Health and Safety Code).
8878.102. For a local government to be eligible for funding, the
local government must have complied with Chapter 12.2 (commencing
with Section 8875) and also have an emergency plan approved by the
office as being consistent with the state planning guidelines and the
State Emergency Plan and the most recent catastrophic emergency
response plan. The local government shall also have a priority list
that identifies those facilities which are not expected to be
operational after a major earthquake and which are critical to
carrying out the emergency plan.
8878.103. First priority for allocations of funds shall be given to
projects located in seismic hazard zone 4, as defined and
illustrated in Chapter 23 (commencing with Section 2301) of Part 2 of
Title 24 of the California Code of Regulations, and projects located
in San Diego and Sacramento Counties. The office shall certify that
the local government projects are needed for emergency response to a
major earthquake.
8878.104. Operation and maintenance costs shall be the
responsibility of the grantee and may not be considered as part of
the project cost. Costs for planning preliminary engineering studies,
including preliminary plans, may be reimbursed following the receipt
of an allocation of funds, subject to approval by the State
Architect.
8878.105. Funds allocated pursuant to this article shall be
available for expenditure by the local government within three years
of the awarding of the allocation.
8878.106. (a) The office and the State Architect, after public
notice and hearing and with the concurrence of the Seismic Safety
Commission, shall establish guidelines necessary to carry out the
purposes of this article. The guidelines shall include, but not be
limited to, criteria and procedures for establishing the eligibility
of the applicant, but shall not constitute rules, regulations,
orders, or standards of general application.
(b) The office and the State Architect, with the concurrence of
the Seismic Safety Commission, shall establish guidelines that will
carry out this article and provide an adequate emergency response
capability after a major earthquake. The guidelines may provide for
the denial of funds when the purposes of this article may most
economically and efficiently be attained by means other than the
construction of the proposed project.
(c) The office and the State Architect, with the concurrence of
the Seismic Safety Commission, may subsequently revise the guidelines
as necessary to implement provisions of this chapter for any other
reason to carry out the purposes of this article.
(d) Guidelines established pursuant to the provisions of this
section shall not constitute rules, regulations, orders, or standards
of general application.
8878.107. The office shall notify local governments that may be
eligible for grants pursuant to this article of the following:
(a) The purposes of this article.
(b) The guidelines established by the office and the State
Architect.
8878.90. (a) The State Architect, with the consultation of the
Seismic Safety Commission and the agency, shall establish criteria
for projects potentially eligible for an appropriation from the
Legislature, pursuant to subdivision (b) of Section 8878.55 based on
factors including the populations at risk of injury and the
cost-effectiveness of remedial actions.
(b) The State Architect shall establish the criteria for potential
funding pursuant to subdivision (b) of Section 8878.55 based upon
the following order of seismic hazard reduction priorities:
(1) Abatement of falling hazards, as defined by the State
Architect with the consultation of the Seismic Safety Commission,
that are structural or nonstructural components of buildings or
facilities and that pose serious threats to life, including, but not
limited to, parapets, appendages, cornices, hanging objects, and
building cladding.
(2) The seismic retrofitting of those buildings or facilities for
which partial, localized, or phased seismic retrofits will
significantly reduce collapse hazards with minimal disruption to
either the operation of the buildings or facilities or disruption of
the occupants of the buildings or facilities.
(3) All other buildings or facilities requiring seismic
retrofitting.
8878.95. Applications for funds for local government buildings
under this article shall be made to the State Architect in the form
and with the supporting material as prescribed by the State
Architect.
8878.96. Any appropriation of bond funds pursuant to this article
may include provisions as agreed by the parties thereto, and the
contract shall include, but not be limited to, all of the following:
(a) An estimate of the reasonable cost of the project.
(b) An agreement by the State Architect to grant to the local
government, during the progress of construction or following
completion of construction as agreed by the parties, an amount which
equals no more than 75 percent of the portion of construction costs
found by the State Architect to be eligible for a state grant.
(c) An agreement by the local government to (1) proceed
expeditiously with, and complete, the project, (2) commence operation
of the project upon completion thereof, (3) properly operate and
maintain the project in accordance with the applicable provisions of
law, and (4) provide for payment of the local government's share of
the cost of the project.
(d) At least 25 percent of the total cost for the seismic
rehabilitation of the project, for the purposes specified in
subdivision (b) of Section 8878.55, shall be paid by the local
government.
8878.98. Allocations are limited to only the seismic rehabilitation
portion of the improvement project, as determined by the State
Architect. To the extent that other elements of work are proposed, a
cost-sharing formula shall be developed by the State Architect which
will be applicable to planning and design costs for the total
project. The retrofitting portion of any project shall, to the
greatest extent possible, be conducted during the same general period
of time that life safety hazards, including, but not limited to,
asbestos-related hazards or fire and panic safety hazards, are
abated, or when periodic renovation or maintenance of the essential
services building is performed.
8878.99. (a) Allocations made by the State Architect to local
governments shall only be used to improve existing essential services
buildings, as defined in Section 16007 of the Health and Safety
Code, and emergency and public safety local buildings, including, but
not limited to, county hospitals, courthouses, and city halls to
resist earthquakes, and remain operational after a major earthquake.
The allocations may be made with respect to all, or any part, of the
building, but the allocations shall be used only for seismic
retrofitting.
(b) Improvements to essential services facilities of local
governments shall be considered in the order prescribed by the State
Architect, consistent with subdivision (b) of Section 8878.100.
(c) Notwithstanding any other provision of law, except for Section
8878.90, if a local government determines, and the State Architect
concurs, that because of the age, material used in construction,
potential for ground failure in an earthquake, or the type of
construction or the design of the structure that it would be more
cost-effective to replace or relocate rather than rehabilitate the
potentially eligible essential services facility or emergency or
public safety local building, an allocation of up to that amount
determined to be necessary for the seismic retrofit of the original
structure, but not to exceed the actual cost of replacement and
relocation, may be applied to the construction of the replacement
facility under the following conditions:
(1) The essential services contained in the original facility
shall be relocated to the replacement facility.
(2) If a new facility is constructed, the original facility shall
not be eligible for additional funding under this program.
(3) If the original essential services facility or emergency or
public safety local building is designated as an historic building as
defined in Section 18955 of the Health and Safety Code, the State
Architect shall consult with the Office of Historic Preservation
before agreeing to any proposal to demolish the facility.
8878.100. Funds shall be distributed by the State Architect in the
following manner:
(a) Upon receipt of an application by a local government for a
grant pursuant to this article, the office or the State Architect may
propose improvements to the project which will meet regional needs
in a cost-effective manner. These improvements may include, but need
not be limited to, structural strengthening, hardening of
communication equipment, providing emergency power equipment, and
other capital improvements which can be demonstrated as part of an
emergency response plan which has a description of the critical
facilities needed to support emergency response. The office, the
State Architect, and the applicant may agree to include these capital
improvements in the grant.
(b) In coordination with the Seismic Safety Commission and agency,
and with the input of the potentially eligible local governments,
the State Architect, consistent with Section 8878.90, shall establish
a priority list of the types of potentially eligible local
government buildings and facilities which are eligible to receive a
state grant pursuant to this article.
(c) After completion of the priority list, the State Architect
shall present this list of potentially eligible local government
buildings and facilities to the Department of Finance for its review
and consideration of whether to recommend to the Governor to include
this list in the Budget Bill or other legislative proposal. The
Legislature may review and appropriate funds available under this
bond act for specific projects on the list which it deems
appropriate.
(d) The State Architect shall allocate funds to local governments
for the seismic retrofit of buildings or facilities based upon
projects and appropriations approved in the Budget Bill or some other
bill by the Legislature as provided in this section. Payments shall
be made on a progress basis.
8878.101. (a) An application for an allocation pursuant to this
article shall not be recommended for approval by the State Architect
unless the project meets the minimum seismic safety standards as
established by the State Architect. Preliminary design work,
including preliminary plans and a detailed cost estimate for the
project shall be completed and submitted with the application.
(b) Any proposal for a project addressing more than seismic
retrofit shall include a certification by the project architect or
consulting engineer of the portion of the cost required for the
eligible seismic improvements.
(c) If the project involves an essential services building, no
allocation of funds may be made unless the State Architect finds that
the project or the project plan is consistent with the Essential
Services Building Seismic Safety Act of 1986 (Chapter 2 (commencing
with Section 16000) of Division 12.5 of the Health and Safety Code).
8878.102. For a local government to be eligible for funding, the
local government must have complied with Chapter 12.2 (commencing
with Section 8875) and also have an emergency plan approved by the
office as being consistent with the state planning guidelines and the
State Emergency Plan and the most recent catastrophic emergency
response plan. The local government shall also have a priority list
that identifies those facilities which are not expected to be
operational after a major earthquake and which are critical to
carrying out the emergency plan.
8878.103. First priority for allocations of funds shall be given to
projects located in seismic hazard zone 4, as defined and
illustrated in Chapter 23 (commencing with Section 2301) of Part 2 of
Title 24 of the California Code of Regulations, and projects located
in San Diego and Sacramento Counties. The office shall certify that
the local government projects are needed for emergency response to a
major earthquake.
8878.104. Operation and maintenance costs shall be the
responsibility of the grantee and may not be considered as part of
the project cost. Costs for planning preliminary engineering studies,
including preliminary plans, may be reimbursed following the receipt
of an allocation of funds, subject to approval by the State
Architect.
8878.105. Funds allocated pursuant to this article shall be
available for expenditure by the local government within three years
of the awarding of the allocation.
8878.106. (a) The office and the State Architect, after public
notice and hearing and with the concurrence of the Seismic Safety
Commission, shall establish guidelines necessary to carry out the
purposes of this article. The guidelines shall include, but not be
limited to, criteria and procedures for establishing the eligibility
of the applicant, but shall not constitute rules, regulations,
orders, or standards of general application.
(b) The office and the State Architect, with the concurrence of
the Seismic Safety Commission, shall establish guidelines that will
carry out this article and provide an adequate emergency response
capability after a major earthquake. The guidelines may provide for
the denial of funds when the purposes of this article may most
economically and efficiently be attained by means other than the
construction of the proposed project.
(c) The office and the State Architect, with the concurrence of
the Seismic Safety Commission, may subsequently revise the guidelines
as necessary to implement provisions of this chapter for any other
reason to carry out the purposes of this article.
(d) Guidelines established pursuant to the provisions of this
section shall not constitute rules, regulations, orders, or standards
of general application.
8878.107. The office shall notify local governments that may be
eligible for grants pursuant to this article of the following:
(a) The purposes of this article.
(b) The guidelines established by the office and the State
Architect.
8878.90. (a) The State Architect, with the consultation of the
Seismic Safety Commission and the agency, shall establish criteria
for projects potentially eligible for an appropriation from the
Legislature, pursuant to subdivision (b) of Section 8878.55 based on
factors including the populations at risk of injury and the
cost-effectiveness of remedial actions.
(b) The State Architect shall establish the criteria for potential
funding pursuant to subdivision (b) of Section 8878.55 based upon
the following order of seismic hazard reduction priorities:
(1) Abatement of falling hazards, as defined by the State
Architect with the consultation of the Seismic Safety Commission,
that are structural or nonstructural components of buildings or
facilities and that pose serious threats to life, including, but not
limited to, parapets, appendages, cornices, hanging objects, and
building cladding.
(2) The seismic retrofitting of those buildings or facilities for
which partial, localized, or phased seismic retrofits will
significantly reduce collapse hazards with minimal disruption to
either the operation of the buildings or facilities or disruption of
the occupants of the buildings or facilities.
(3) All other buildings or facilities requiring seismic
retrofitting.
8878.95. Applications for funds for local government buildings
under this article shall be made to the State Architect in the form
and with the supporting material as prescribed by the State
Architect.
8878.96. Any appropriation of bond funds pursuant to this article
may include provisions as agreed by the parties thereto, and the
contract shall include, but not be limited to, all of the following:
(a) An estimate of the reasonable cost of the project.
(b) An agreement by the State Architect to grant to the local
government, during the progress of construction or following
completion of construction as agreed by the parties, an amount which
equals no more than 75 percent of the portion of construction costs
found by the State Architect to be eligible for a state grant.
(c) An agreement by the local government to (1) proceed
expeditiously with, and complete, the project, (2) commence operation
of the project upon completion thereof, (3) properly operate and
maintain the project in accordance with the applicable provisions of
law, and (4) provide for payment of the local government's share of
the cost of the project.
(d) At least 25 percent of the total cost for the seismic
rehabilitation of the project, for the purposes specified in
subdivision (b) of Section 8878.55, shall be paid by the local
government.
8878.98. Allocations are limited to only the seismic rehabilitation
portion of the improvement project, as determined by the State
Architect. To the extent that other elements of work are proposed, a
cost-sharing formula shall be developed by the State Architect which
will be applicable to planning and design costs for the total
project. The retrofitting portion of any project shall, to the
greatest extent possible, be conducted during the same general period
of time that life safety hazards, including, but not limited to,
asbestos-related hazards or fire and panic safety hazards, are
abated, or when periodic renovation or maintenance of the essential
services building is performed.
8878.99. (a) Allocations made by the State Architect to local
governments shall only be used to improve existing essential services
buildings, as defined in Section 16007 of the Health and Safety
Code, and emergency and public safety local buildings, including, but
not limited to, county hospitals, courthouses, and city halls to
resist earthquakes, and remain operational after a major earthquake.
The allocations may be made with respect to all, or any part, of the
building, but the allocations shall be used only for seismic
retrofitting.
(b) Improvements to essential services facilities of local
governments shall be considered in the order prescribed by the State
Architect, consistent with subdivision (b) of Section 8878.100.
(c) Notwithstanding any other provision of law, except for Section
8878.90, if a local government determines, and the State Architect
concurs, that because of the age, material used in construction,
potential for ground failure in an earthquake, or the type of
construction or the design of the structure that it would be more
cost-effective to replace or relocate rather than rehabilitate the
potentially eligible essential services facility or emergency or
public safety local building, an allocation of up to that amount
determined to be necessary for the seismic retrofit of the original
structure, but not to exceed the actual cost of replacement and
relocation, may be applied to the construction of the replacement
facility under the following conditions:
(1) The essential services contained in the original facility
shall be relocated to the replacement facility.
(2) If a new facility is constructed, the original facility shall
not be eligible for additional funding under this program.
(3) If the original essential services facility or emergency or
public safety local building is designated as an historic building as
defined in Section 18955 of the Health and Safety Code, the State
Architect shall consult with the Office of Historic Preservation
before agreeing to any proposal to demolish the facility.
8878.100. Funds shall be distributed by the State Architect in the
following manner:
(a) Upon receipt of an application by a local government for a
grant pursuant to this article, the office or the State Architect may
propose improvements to the project which will meet regional needs
in a cost-effective manner. These improvements may include, but need
not be limited to, structural strengthening, hardening of
communication equipment, providing emergency power equipment, and
other capital improvements which can be demonstrated as part of an
emergency response plan which has a description of the critical
facilities needed to support emergency response. The office, the
State Architect, and the applicant may agree to include these capital
improvements in the grant.
(b) In coordination with the Seismic Safety Commission and agency,
and with the input of the potentially eligible local governments,
the State Architect, consistent with Section 8878.90, shall establish
a priority list of the types of potentially eligible local
government buildings and facilities which are eligible to receive a
state grant pursuant to this article.
(c) After completion of the priority list, the State Architect
shall present this list of potentially eligible local government
buildings and facilities to the Department of Finance for its review
and consideration of whether to recommend to the Governor to include
this list in the Budget Bill or other legislative proposal. The
Legislature may review and appropriate funds available under this
bond act for specific projects on the list which it deems
appropriate.
(d) The State Architect shall allocate funds to local governments
for the seismic retrofit of buildings or facilities based upon
projects and appropriations approved in the Budget Bill or some other
bill by the Legislature as provided in this section. Payments shall
be made on a progress basis.
8878.101. (a) An application for an allocation pursuant to this
article shall not be recommended for approval by the State Architect
unless the project meets the minimum seismic safety standards as
established by the State Architect. Preliminary design work,
including preliminary plans and a detailed cost estimate for the
project shall be completed and submitted with the application.
(b) Any proposal for a project addressing more than seismic
retrofit shall include a certification by the project architect or
consulting engineer of the portion of the cost required for the
eligible seismic improvements.
(c) If the project involves an essential services building, no
allocation of funds may be made unless the State Architect finds that
the project or the project plan is consistent with the Essential
Services Building Seismic Safety Act of 1986 (Chapter 2 (commencing
with Section 16000) of Division 12.5 of the Health and Safety Code).
8878.102. For a local government to be eligible for funding, the
local government must have complied with Chapter 12.2 (commencing
with Section 8875) and also have an emergency plan approved by the
office as being consistent with the state planning guidelines and the
State Emergency Plan and the most recent catastrophic emergency
response plan. The local government shall also have a priority list
that identifies those facilities which are not expected to be
operational after a major earthquake and which are critical to
carrying out the emergency plan.
8878.103. First priority for allocations of funds shall be given to
projects located in seismic hazard zone 4, as defined and
illustrated in Chapter 23 (commencing with Section 2301) of Part 2 of
Title 24 of the California Code of Regulations, and projects located
in San Diego and Sacramento Counties. The office shall certify that
the local government projects are needed for emergency response to a
major earthquake.
8878.104. Operation and maintenance costs shall be the
responsibility of the grantee and may not be considered as part of
the project cost. Costs for planning preliminary engineering studies,
including preliminary plans, may be reimbursed following the receipt
of an allocation of funds, subject to approval by the State
Architect.
8878.105. Funds allocated pursuant to this article shall be
available for expenditure by the local government within three years
of the awarding of the allocation.
8878.106. (a) The office and the State Architect, after public
notice and hearing and with the concurrence of the Seismic Safety
Commission, shall establish guidelines necessary to carry out the
purposes of this article. The guidelines shall include, but not be
limited to, criteria and procedures for establishing the eligibility
of the applicant, but shall not constitute rules, regulations,
orders, or standards of general application.
(b) The office and the State Architect, with the concurrence of
the Seismic Safety Commission, shall establish guidelines that will
carry out this article and provide an adequate emergency response
capability after a major earthquake. The guidelines may provide for
the denial of funds when the purposes of this article may most
economically and efficiently be attained by means other than the
construction of the proposed project.
(c) The office and the State Architect, with the concurrence of
the Seismic Safety Commission, may subsequently revise the guidelines
as necessary to implement provisions of this chapter for any other
reason to carry out the purposes of this article.
(d) Guidelines established pursuant to the provisions of this
section shall not constitute rules, regulations, orders, or standards
of general application.
8878.107. The office shall notify local governments that may be
eligible for grants pursuant to this article of the following:
(a) The purposes of this article.
(b) The guidelines established by the office and the State
Architect.
