SECTIONS 1970-1977

1970.  (a) For the purposes of this article, "participating county"means any county, or regional consortium of counties, within thestate that has been certified to the board by the authority as havingsatisfied all of the requirements set forth in Section 1975 forfinancing a local youthful offender rehabilitative facility pursuantto this article. (b) For purposes of this article, "board" means the State PublicWorks Board, and "authority" means the Corrections StandardsAuthority.1971.  (a) The Department of Corrections and Rehabilitation, aparticipating county, and the board are authorized to acquire,design, renovate, or construct a local youthful offenderrehabilitative facility approved by the authority pursuant to Section1975, or a site or sites owned by, or subject to a lease or optionto purchase held by a participating county. The ownership interest ofa participating county in the site or sites for a local youthfuloffender rehabilitative facility shall be determined by the board tobe adequate for purposes of its financing in order to be eligibleunder this article. (b) Notwithstanding Section 15815 of the Government Code, aparticipating county may acquire, design, renovate, or construct thelocal youthful offender rehabilitative facility in accordance withits local contracting authority. Notwithstanding Section 14951 of theGovernment Code, the participating county may assign an inspectorduring the construction of the project. (c) The department, a participating county, and the board shallenter a construction agreement for the project that shall provide, ata minimum, all of the following: (1) Performance expectations of the parties related to theacquisition, design, renovation, or construction of the localyouthful offender rehabilitative facility. (2) Guidelines and criteria for use and application of theproceeds of revenue bonds, notes, or bond anticipation notes issuedby the board to pay for the cost of the approved local youthfuloffender rehabilitative facility project. (3) Ongoing maintenance and staffing responsibilities for the termof the financing. (d) The construction agreement shall include a provision that theparticipating county agrees to indemnify, defend, and hold harmlessthe State of California for any and all claims and losses arising outof the acquisition, design, renovation, and construction of thelocal youthful offender rehabilitative facility. The constructionagreement may also contain additional terms and conditions thatfacilitate the financing by the board. (e) The scope and cost of the approved local youthful offenderrehabilitative facility project shall be subject to approval andadministrative oversight by the board. (f) For purposes of compliance with the California EnvironmentalQuality Act (Division 13 (commencing with Section 21000) of thePublic Resources Code), neither the board nor the department, shallbe deemed a lead or responsible agency. The participating countyshall be the lead agency.1972.  Upon the receipt by a participating county of responsiveconstruction bids, the board and the department may borrow funds forproject costs after the project has been certified pursuant toSection 1970 from the Pooled Money Investment Account pursuant toSections 16312 and 16313 of the Government Code, or from any otherappropriate source. In the event any of the revenue bonds, notes, orbond anticipation notes authorized by this chapter are not sold, thedepartment shall commit a sufficient amount of its supportappropriation to repay any loans made for an approved project.1973.  (a) The board may issue up to three hundred million dollars($300,000,000) in revenue bonds, notes, or bond anticipation notes,pursuant to Chapter 5 (commencing with Section 15830) of Part 10b ofDivision 3 of Title 2 of the Government Code to finance theacquisition, design, renovation, or construction, and a reasonableconstruction reserve, of approved local youthful offenderrehabilitative facilities described in Section 1971, and anyadditional amount authorized under Section 15849.6 of the GovernmentCode to pay for the cost of financing. (b) Proceeds from the revenue bonds, notes, or bond anticipationnotes may be utilized to reimburse a participating county for thecosts of acquisition, design, and construction for approved projects. (c) Notwithstanding Section 13340 of the Government Code, fundsderived pursuant to this section are continuously appropriated forpurposes of this article. (d) This section shall become inoperative on June 30, 2017. Noprojects shall be commenced after that date, but projects alreadycommenced may be completed and financed through the issuance of bondspursuant to this article.1974.  With the consent of the board, the department, and aparticipating county are authorized to enter into leases orsubleases, as lessor or lessee, for any property or approved projectand are further authorized to enter into contracts or otheragreements for the use, maintenance, and operation of the localyouthful offender rehabilitative facility in order to facilitate thefinancing authorized by this article. In those leases, subleases, orother agreements, the participating county shall agree to indemnify,defend, and hold harmless the State of California for any and allclaims and losses accruing and resulting from or arising out of theparticipating county's use and occupancy of the local youthfuloffender rehabilitative facility.1975.  (a) The authority shall adhere to its duly adoptedregulations for the approval or disapproval of local youthfuloffender rehabilitative facilities. The authority also shall considercost-effectiveness in determining approval or disapproval. No statemoneys shall be encumbered in contracts let by a participating countyuntil either final architectural plans and specifications have beenapproved by the authority, and subsequent construction bids have beenreceived, or documents prepared by a participating county pursuantto paragraph (1) of subdivision (d) of Section 20133 of the PublicContract Code have been approved by the Corrections StandardsAuthority, and a design-build contract has been awarded pursuant tothat section. The review and approval of plans, specifications, orother documents by the authority are for the purpose of ensuringproper administration of moneys and determination of whether theproject specifications comply with law and regulation. The authoritymay require changes in construction materials to enhance safety andsecurity if materials proposed at the time of final plans andspecifications are not essential and customary as used statewide forfacilities of the same security level. Participating counties areresponsible for the acquisition, design, renovation, construction,staffing, operation, repair, and maintenance of the project. (b) The authority shall establish minimum standards and fundingschedules and procedures, which shall take into consideration, butnot be limited to, all of the following: (1) Certification by a participating county of project sitecontrol through either fee simple ownership of the site or comparablelong-term possession of the site, and right of access to the projectsufficient to ensure undisturbed use and possession. (2) Documentation of need for the project. (3) A written project proposal. (4) Submittal of a staffing plan for the project, includingoperational cost projections and documentation that the localyouthful offender rehabilitative facility will be able to be safetystaffed and operated within 90 days of completion. (5) Submittal of architectural drawings, which shall be approvedby the authority for compliance with minimum youthful offenderrehabilitation facility standards and which also shall be approved bythe State Fire Marshal for compliance with fire safety and lifesafety requirements. (6) Documentation evidencing the filing by a participating countyof a final notice of determination on its environmental impactreport. (7) Provisions intended to maintain the tax-exempt status of thebonds, notes, or bond anticipation notes issued by the board.1976.  Participating county matching funds for projects funded underthis article shall be a minimum of 25 percent of the total projectcosts. The authority may reduce matching fund requirements forparticipating counties with a general population below 200,000 uponpetition by a participating county to the authority requesting alower level of matching funds.1977.  In support of state funding authorized by this article, theLegislature finds and declares all of the following: (a) Population levels in local juvenile offender facilities acrossthe state have dramatically increased. (b) Although capacity in local juvenile offender rehabilitationand incarceration facilities has been added during the last decade,those facilities still face capacity problems, and aging facilitiesneed to be repaired or replaced. (c) Insufficient capacity at local juvenile offenderrehabilitation and incarceration facilities may create risks to thepublic safety as well as a loss to the state of potentiallyproductive members of society. (d) By expanding local juvenile offender rehabilitation andincarceration facilities, this funding will serve a critical statepurpose, which purpose represents valuable consideration in exchangefor this state action.