2009 California Welfare and Institutions Code - Section 1970-1977 :: Article 3. Local Youthful Offender Rehabilitative Facility Construction Grants

1970.  (a) For the purposes of this article, "participating county"
means any county, or regional consortium of counties, within the
state that has been certified to the board by the authority as having
satisfied all of the requirements set forth in Section 1975 for
financing a local youthful offender rehabilitative facility pursuant
to this article.
   (b) For purposes of this article, "board" means the State Public
Works Board, and "authority" means the Corrections Standards
Authority.

1971.  (a) The Department of Corrections and Rehabilitation, a
participating county, and the board are authorized to acquire,
design, renovate, or construct a local youthful offender
rehabilitative facility approved by the authority pursuant to Section
1975, or a site or sites owned by, or subject to a lease or option
to purchase held by a participating county. The ownership interest of
a participating county in the site or sites for a local youthful
offender rehabilitative facility shall be determined by the board to
be adequate for purposes of its financing in order to be eligible
under this article.
   (b) Notwithstanding Section 15815 of the Government Code, a
participating county may acquire, design, renovate, or construct the
local youthful offender rehabilitative facility in accordance with
its local contracting authority. Notwithstanding Section 14951 of the
Government Code, the participating county may assign an inspector
during the construction of the project.
   (c) The department, a participating county, and the board shall
enter a construction agreement for the project that shall provide, at
a minimum, all of the following:
   (1) Performance expectations of the parties related to the
acquisition, design, renovation, or construction of the local
youthful offender rehabilitative facility.
   (2) Guidelines and criteria for use and application of the
proceeds of revenue bonds, notes, or bond anticipation notes issued
by the board to pay for the cost of the approved local youthful
offender rehabilitative facility project.
   (3) Ongoing maintenance and staffing responsibilities for the term
of the financing.
   (d) The construction agreement shall include a provision that the
participating county agrees to indemnify, defend, and hold harmless
the State of California for any and all claims and losses arising out
of the acquisition, design, renovation, and construction of the
local youthful offender rehabilitative facility. The construction
agreement may also contain additional terms and conditions that
facilitate the financing by the board.
   (e) The scope and cost of the approved local youthful offender
rehabilitative facility project shall be subject to approval and
administrative oversight by the board.
   (f) For purposes of compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), neither the board nor the department, shall
be deemed a lead or responsible agency. The participating county
shall be the lead agency.

1972.  Upon the receipt by a participating county of responsive
construction bids, the board and the department may borrow funds for
project costs after the project has been certified pursuant to
Section 1970 from the Pooled Money Investment Account pursuant to
Sections 16312 and 16313 of the Government Code, or from any other
appropriate source. In the event any of the revenue bonds, notes, or
bond anticipation notes authorized by this chapter are not sold, the
department shall commit a sufficient amount of its support
appropriation to repay any loans made for an approved project.

1973.  (a) The board may issue up to one hundred million dollars
($100,000,000) in revenue bonds, notes, or bond anticipation notes,
pursuant to Chapter 5 (commencing with Section 15830) of Part 10b of
Division 3 of Title 2 of the Government Code to finance the
acquisition, design, renovation, or construction, and a reasonable
construction reserve, of approved local youthful offender
rehabilitative facilities described in Section 1971, and any
additional amount authorized under Section 15849.6 of the Government
Code to pay for the cost of financing.
   (b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
   (c) Notwithstanding Section 13340 of the Government Code, funds
derived pursuant to this section are continuously appropriated for
purposes of this article.
   (d) This section shall become inoperative on June 30, 2017. No
projects shall be commenced after that date, but projects already
commenced may be completed and financed through the issuance of bonds
pursuant to this article.

1974.  With the consent of the board, the department, and a
participating county are authorized to enter into leases or
subleases, as lessor or lessee, for any property or approved project
and are further authorized to enter into contracts or other
agreements for the use, maintenance, and operation of the local
youthful offender rehabilitative facility in order to facilitate the
financing authorized by this article. In those leases, subleases, or
other agreements, the participating county shall agree to indemnify,
defend, and hold harmless the State of California for any and all
claims and losses accruing and resulting from or arising out of the
participating county's use and occupancy of the local youthful
offender rehabilitative facility.

1975.  (a) The authority shall adhere to its duly adopted
regulations for the approval or disapproval of local youthful
offender rehabilitative facilities. The authority also shall consider
cost-effectiveness in determining approval or disapproval. No state
moneys shall be encumbered in contracts let by a participating county
until final architectural plans and specifications have been
approved by the authority, and subsequent construction bids have been
received. The review and approval of plans, specifications, or other
documents by the authority are for the purpose of ensuring proper
administration of moneys and determination of whether the project
specifications comply with law and regulation. The authority may
require changes in construction materials to enhance safety and
security if materials proposed at the time of final plans and
specifications are not essential and customary as used statewide for
facilities of the same security level. Participating counties are
responsible for the acquisition, design, renovation, construction,
staffing, operation, repair, and maintenance of the project.
   (b) The authority shall establish minimum standards and funding
schedules and procedures, which shall take into consideration, but
not be limited to, all of the following:
   (1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the project
sufficient 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, including
operational cost projections and documentation that the local
youthful offender rehabilitative facility will be able to be safety
staffed and operated within 90 days of completion.
   (5) Submittal of architectural drawings, which shall be approved
by the authority for compliance with minimum youthful offender
rehabilitation facility standards and which also shall be approved by
the State Fire Marshal for compliance with fire safety and life
safety requirements.
   (6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
   (7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the board.

1976.  Participating county matching funds for projects funded under
this article shall be a minimum of 25 percent of the total project
costs. The authority may reduce matching fund requirements for
participating counties with a general population below 200,000 upon
petition by a participating county to the authority requesting a
lower level of matching funds.

1977.  In support of state funding authorized by this article, the
Legislature finds and declares all of the following:
   (a) Population levels in local juvenile offender facilities across
the state have dramatically increased.
   (b) Although capacity in local juvenile offender rehabilitation
and incarceration facilities has been added during the last decade,
those facilities still face capacity problems, and aging facilities
need to be repaired or replaced.
   (c) Insufficient capacity at local juvenile offender
rehabilitation and incarceration facilities may create risks to the
public safety as well as a loss to the state of potentially
productive members of society.
   (d) By expanding local juvenile offender rehabilitation and
incarceration facilities, this funding will serve a critical state
purpose, which purpose represents valuable consideration in exchange
for this state action.