Bill Text: CA SB1091 | 2023-2024 | Regular Session | Enrolled
Bill Title: School facilities: school projects: accessible path of travel requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-28 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. [SB1091 Detail]
Download: California-2023-SB1091-Enrolled.html
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Enrolled
August 30, 2024 |
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Passed
IN
Senate
August 28, 2024 |
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Passed
IN
Assembly
August 26, 2024 |
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Amended
IN
Assembly
August 22, 2024 |
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Amended
IN
Assembly
June 27, 2024 |
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Amended
IN
Assembly
June 17, 2024 |
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Amended
IN
Assembly
June 05, 2024 |
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Amended
IN
Senate
March 14, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1091
| Introduced by Senator Menjivar |
February 12, 2024 |
An act to amend the heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of, and to add and repeal Section 17672 of, the Education Code, relating to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1091, Menjivar.
School facilities: school projects: accessible path of travel requirements.
The Field Act requires the Department of General Services under the police power of the state to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.
The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or
addition is provided. Existing law limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.
This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to a school district, county office of education, or charter school project that is approved by the Division of the State Architect on or before
December 31, 2030, and that improves community ecological health and climate resilience, or pupil well-being, learning, or pupil play, and incorporates nature, as provided, to 20% of the adjusted construction cost, as defined, of the school project. The bill would authorize the Division of the State Architect to adopt regulations to implement these provisions, as provided. The bill would repeal these provisions on January 1, 2032.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of the Education Code is amended to read:CHAPTER 9. Shade Structures and Other School Projects
SEC. 2.
Section 17672 is added to the Education Code, immediately following Section 17671, to read:17672.
(a) School projects approved by the Division of the State Architect on or before December 31, 2030, that improve community ecological health and climate resilience, or improve pupil well-being, learning, or pupil play, and that incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches on school grounds to support pupil engagement in the space, where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the project.(b) In order to qualify for the limit of 20 percent of the adjusted construction cost of the project, as specified in subdivision (a), every effort shall be made not to significantly reduce accessible space and the project shall meet the applicable accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the California Building Standards Code and be, at a minimum, a project described in any of paragraphs (1) to (6), inclusive:
(1) A project
to remove impervious pavement such as asphalt or concrete and to replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers.
(2) A project to plant trees or create schoolyard forests in places that pupils can access during the schoolday, designed to shade and protect pupils from extreme heat and rising temperatures.
(3) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds, and other beneficial wildlife, and improve local watersheds.
(4) A project to support
outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces.
(5) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects may include permeable surfaces, rainwater
harvesting, and vegetated swales.
(6) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play.
(c) The following projects shall not be authorized to use the limit of 20 percent of the adjusted construction cost of the project, as specified in subdivision (a):
(1) Projects that do not include any live vegetation.
(2) Projects that include
artificial turf; rubber surfaces, except for rubber ground surfaces that provide accessibility for pupils with disabilities; rubber tires; plastic; and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and the environment.
(3) Projects that use trees and other vegetation that are not climate adapted or that are invasive.
(4) Projects that include sports fields or sports courts.
(5) Projects that include the construction of a new building or the modernization of an existing building.
(d) The Division of the State Architect may adopt regulations to implement this section. If the Division of the State Architect adopts regulations pursuant to this section, school projects submitted pursuant to subdivision (a) on or after January 1, 2025, shall be subject to the adopted regulations.
(e) For purposes of this section, “adjusted construction cost” has the same meaning as in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations.
(f) This section shall remain in effect only until January 1,
2032, and as of that date is repealed.
