Article 5.2 - State Capitol Building Annex Act of 2016

California Government Code — §§ 9112-9114.5

Sections (6)

Amended by Stats. 2024, Ch. 74, Sec. 2. (SB 174) Effective July 2, 2024.

(a)(1) Notwithstanding any other law, including Section 9108, the Joint Rules Committee may pursue the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the State Capitol Building Annex described in Section 9105 and any other ancillary improvements to effectuate the purposes of this article.

(2)Projects authorized pursuant to this section may be pursued in phases and may include a visitor center, a relocated and expanded underground parking facility, and any related or necessary deconstruction and infrastructure work.

(b)(1) All work performed pursuant to this article shall be executed

and managed by the Joint Rules Committee pursuant to its authority described in subdivision (a). The Department of General Services shall provide counsel and advice to the Joint Rules Committee for purposes of the work. The work shall be undertaken pursuant to an agreement between the Joint Rules Committee, the Department of Finance or its designated representative, and the Department of General Services or its designated representative.

(2)The agreement entered into pursuant to paragraph (1) shall establish the scope, budget, delivery method, and schedule for any work undertaken pursuant to this article.

(3)(A) Notwithstanding any other law, the Joint Rules Committee, the Department of Finance or its designated representative, and the Department of General Services or its designated representative, pursuant to the agreement entered into pursuant to

paragraph (1), may agree to utilize any delivery method deemed appropriate and advantageous for the work performed pursuant to this article.

(B)Notwithstanding any other law, any changes to the scope of the projects authorized by this section shall be agreed upon by the Joint Rules Committee, the Department of Finance or its designated representative, and the Department of General Services or its designated representative, pursuant to the agreement entered into pursuant to paragraph (1).

(c)(1) Notwithstanding any other law, all work performed pursuant to this article shall be exempt from all of the following:

(A) The State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code).

(B) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3.

(D) Section 2807 of the Penal Code.

(E) Sections 5024 and 5024.5 of the Public Resources Code.

(F) Division 13 (commencing with Section 21000) of the Public Resources Code.

(2)Notwithstanding any other law, the inclusion of office space for or an emergency dispatch center of the Department of the California Highway Patrol, including any associated telecommunications or radio equipment, in the state capitol building annex constructed or the existing State Capitol Building Annex described in Section 9105 restored, rehabilitated, renovated, or reconstructed pursuant to this article shall not subject any part of the projects authorized by this article, including that office space or emergency dispatch center, to any of the following:

(A)The Essential Services Buildings Seismic Safety Act of 1986 (Chapter 2 (commencing with Section 16000) of Division 12.5 of the Health and Safety Code).

(B)Any other law that would not otherwise apply to the projects authorized by this article but for the inclusion of the office space for or emergency dispatch center of the Department of the California Highway Patrol

(C)Any rule, regulation, standard, or requirement promulgated or enforced by the Division of the State Architect or the Office of the State Fire Marshal pursuant to the laws described in subparagraphs (A) and (B).

(3)Notwithstanding any other law, for purposes of work performed pursuant to this article involving the Department of General Services, the department may enter into negotiations directly with any firm for the provision of services described in Section 4525.

(d)Prevailing wages shall be paid to all workers employed on a project that is subject to this article, in accordance with Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.

§ 9112.5

Amended by Stats. 2024, Ch. 74, Sec. 3. (SB 174) Effective July 2, 2024.

(a)It is the intent of the Legislature that available cash sources, including, but not limited to, an allocation of the moneys deposited into the State Project Infrastructure Fund prior to 2018 and moneys appropriated in the Budget Acts of 2018, 2021, and 2022, be used to fund the projects authorized by Section 9112.

(b)(1) Notwithstanding any other law, the following amounts from the General Fund are hereby appropriated in the following fiscal years for purposes specified in paragraph (2) and shall be transferred to the State Project Infrastructure

Fund:

(A) Three hundred million dollars ($300,000,000) in the 2024–25 fiscal year.

(B) Two hundred fifty million dollars ($250,000,000) in the 2025–26 fiscal year.

(2)The transfers required by paragraph (1) shall be used to fund the acquisition, design, construction, and equipping of projects authorized by Section 9112.

(3)Subject to paragraph (4), the amounts identified in subparagraphs (B) and (C) of paragraph (1) shall be transferred by the Controller to the State Project Infrastructure Fund upon direction by the Director of Finance in the fiscal years identified in those subparagraphs. The Director of

Finance shall direct the Controller to transfer those funds upon request by the Joint Rules Committee in the fiscal years identified in subparagraphs (B) and (C) of paragraph (1).

(4)If needed to provide timely payments for the acquisition, design, construction, and equipping of projects authorized by Section 9112, the Director of Finance, upon receipt of an amended transfer schedule provided by the Joint Rules Committee, shall augment the funds listed in paragraph (1) in any fiscal year with a corresponding reduction in the subsequent fiscal year or years. Any augmentation pursuant to this paragraph shall not result in the cumulative amount required to be transferred during the 2024–25 fiscal year through the 2026–27 fiscal year by paragraph (1) exceeding seven hundred million dollars ($700,000,000). An amended transfer schedule provided by the Joint Rules Committee may also delay a portion of funds for each fiscal year to a subsequent fiscal

year.

(5)The Joint Rules Committee shall confer with the Department of Finance and the Department of General Services or their designated representatives before submitting an amended transfer schedule pursuant to paragraph (4).

§ 9113

Added by Stats. 2018, Ch. 40, Sec. 3. (AB 1826) Effective June 27, 2018.

An amount of space proportional to the amount of space utilized by the executive branch in the existing State Capitol Building Annex described in Section 9105, or another amount of space as determined by the agreement entered into pursuant to paragraph (1) of subdivision (b) of Section 9112, within any state capitol annex constructed, or within the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex described in Section 9105, shall be under the control of the Department of General Services. All other space in the newly constructed state capitol annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex shall be allocated from time to time by the Joint Rules Committee in accordance with its determination of the needs of the Legislature and the two

houses thereof. The committee shall allocate to the Senate and Assembly, respectively, the space it determines to be needed by those houses and their committees and the officers, employees, and attachés thereof. The space allocated to the Senate and to the Assembly pursuant to this section shall be allotted from time to time by the Senate Rules Committee and the Assembly Rules Committee, respectively.

§ 9113.5

Added by Stats. 2019, Ch. 29, Sec. 87. (SB 82) Effective June 27, 2019.

(a)Notwithstanding any other law, moneys transferred from the State Project Infrastructure Fund to the Operating Funds of the Assembly and Senate for purposes of the projects authorized by Section 9112 may be invested in eligible securities, in accordance with Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4, or deposited in eligible banks, in accordance with Chapter 4 (commencing with 16500) of Part 2 of Division 4. Upon request of the Joint Rules Committee regarding any portion of these funds, the Pooled Money Investment Board shall designate that portion of those funds as “surplus money” pursuant to Section 16470.

(b)Notwithstanding Sections 16305.7 and 16475, any interest earned on, or other increment derived

from, the moneys invested or deposited pursuant to this section shall be credited to the Operating Funds of the Assembly and Senate.

(c)(1) Notwithstanding Section 13340, moneys derived from the interest earned on, or other increment derived from, investments or deposits pursuant to this section are continuously appropriated to the Joint Rules Committee. Subject to paragraph (2), the Joint Rules Committee shall use those moneys solely for purposes of the projects authorized by Section 9112.

(2)Expenditures of the proceeds from investment or deposit of the funds described in subdivision (a) for the design and construction of the projects authorized by Section 9112 shall not result in project costs exceeding the amount recognized by the State Public Works Board or approved pursuant to the agreement required by subdivision (b) of Section

9112.

§ 9114

Added by Stats. 2018, Ch. 40, Sec. 4. (AB 1826) Effective June 27, 2018.

The work performed pursuant to this article represents a historic partnership between the executive and legislative branches to revitalize the State Capitol Building Annex. The relevant entities of the legislative and executive branches and their officers and staff shall collaborate in good faith to explore and adopt any available and appropriate approaches to this work that expedite construction of the applicable projects in an efficient manner, that minimize disruption to the schedule of the Legislature in light of its occupancy of most of the State Capitol Building Annex, and that allow the Joint Rules Committee to have the preeminent role in making decisions about the design and management of the projects so that they advance the interests of the Legislature and executive branch in serving Californians for decades to come. The

intent of the legislative and executive branches is to expedite and not unreasonably delay in taking actions needed to advance the expeditious development and construction of the projects authorized by Section 9112 and to collaborate in good faith.

§ 9114.5

Amended by Stats. 2021, Ch. 251, Sec. 6. (AB 163) Effective September 23, 2021.

(a)There is hereby appropriated, without regard to fiscal years, from the State Project Infrastructure Fund to the Operating Funds of the Assembly and Senate an amount up to thirty-seven million dollars ($37,000,000), as determined by the agreement entered into pursuant to paragraph (1) of subdivision (b) of Section

9112 and any amendments thereto, to cover the costs of the design and construction of those components of the project or projects authorized by Section 9112 that will modify portions of the west wing of the State Capitol in order to facilitate a fully functional State Capitol. Any transfer of the funds appropriated pursuant to this section shall occur at the same time as the transfer of funds pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 14692, or

at a time as determined by the agreement entered into pursuant to paragraph (1) of subdivision (b) of Section 9112 or any amendments thereto.

(b)It is the intent of the Legislature that the appropriation in subdivision (a) constitute an express appropriation for the alteration or modification of the color, detail, design, structure, or fixtures of the historically restored areas of the first, second, and third floors and the exterior of the west wing of the State Capitol, as required by Section 28 of Article IV of the California Constitution.