1. (a) No state moneys shall be encumbered in contracts let by a participating county until either (i) construction document plans and specifications have been approved by the BSCC pursuant to Section 1749 and subsequent construction bids have been received, or (ii) performance criteria or performance criteria and concept drawings have been approved by the BSCC pursuant to Section 1749.1(a) and a design-build contract has been awarded.
2. (b) Upon approval of the participating county's proposal or application by the BSCC and execution of the BSCC agreement, a state reimbursement schedule will be established by the BSCC.
3. (c) Requests for state reimbursements shall include such supporting documentation as may be required by the BSCC and/or CDCR and, in the event of deficiencies in the request, the participating county shall be notified by the BSCC of the deficiencies as soon as practicable.
4. (d) State reimbursements shall be made in arrears on a schedule mutually agreed to by the BSCC and the participating county and established in the BSCC agreement.
5. (e) No state reimbursements will be made until the participating county has complied with all applicable state requirements.
6. (f) Participating counties including any design costs as state reimbursed costs, for one or more phases of design, may not proceed with that phase of design process until after the project scope, cost, and schedule are established by the Board.
7. (g) If a design-bid-build project budget includes any state reimbursements for working drawings/construction documents phase costs, the Board and the State Department of Finance must approve preliminary plans/design development drawings before the participating county can commence work on the working drawings and/or construction documents phase. If a participating county commences any working drawings and/or construction documents phase activities before obtaining approval of preliminary plans and/or design development drawings from the Board and State Department of Finance, the entire state portion of the project financing shall be forfeited and the state will not reimburse any participating county project costs.
8. (h) If a design-build project budget includes any state reimbursements for design-build phase costs, the Board and State Department of Finance must approve performance criteria or performance criteria and concept drawings before the participating county can commence work on the design-build phase. For any project that includes any state reimbursement of the design-build phase costs, if the participating county commences any design-build phase activities before obtaining approval of performance criteria or performance criteria and concept drawings from the Board and State Department of Finance, the entire state portion of the project financing shall be forfeited and the state will not reimburse any participating county project costs.

9. (i) At such time as the balance of anticipated total state reimbursements reaches five percent (5%), for Phase I and Phase II projects, the BSCC shall withhold that amount as security. When a participating county is unlikely or ineligible to draw 100 percent (100%) of the conditional award amount, the state shall withhold the final 5% of eligible state reimbursements. The withheld amount will be released to the participating county upon compliance with all of the applicable terms in the BSCC agreement, project delivery and construction agreement, other agreements applicable to the financing, and applicable conditions and requirements of law and regulation. This includes:

   1. (1) Final completion of the project;
   2. (2) Receipt and approval of the final audit and the final project summary report;
   3. (3) The final construction inspection and approval by appropriate officials; and
   4. (4) Staffing and operating the facility within ninety (90) days of construction completion.

10. (j) At such time as the balance of anticipated total state reimbursements reaches five percent (5%), for Adult Local Criminal Justice Facility projects, the BSCC shall withhold that amount as security. When a participating county is unlikely or ineligible to draw 100 percent (100%) of the conditional award amount, the state shall withhold the final 5% of eligible state reimbursements. The withheld amount will be released to the participating county upon compliance with all of the applicable terms in the BSCC agreement, project delivery and construction agreement, other agreements applicable to the financing, and applicable conditions and requirements of law and regulation. These requirements of law and regulations include:

    1. (1) Final completion of the project;
    2. (2) Payment of State Fire Marshal fees in full;
    3. (3) Receipt and approval of the final audit and the final project summary report;
    4. (4) The final construction inspection and approval by appropriate officials; and
    5. (5) Staffing and operating the facility within ninety (90) days of construction completion.

Note: Authority cited: Sections 15820.906, 15820.916, 15820.925, 15820.935 and 15820.945, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.903, 15820.906, 15820.913, 15820.916, 15820.922, 15820.925, 15820.932, 15820.935, 15820.942 and 15820.945, Government Code.

History

1. New article 4 (sections 1756-1772) and section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.

2. New article 4 (sections 1756-1772) and section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).

4. Amendment of subsection (a) filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).

6. Amendment of article heading, section heading and section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.

7. Amendment of article heading, section heading and section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).

9. Amendment of section and Note filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.

10. Amendment of section and Note refiled 7-7-2014 as an emergency; operative 7-7-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency language will be repealed by operation of law on the following day.

11. Certificate of Compliance as to 7-7-2014 order transmitted to OAL 9-29-2014 and filed 11-6-2014 (Register 2014, No. 45).

12. Amendment of Note filed 6-18-2015 as an emergency; operative 6-18-2015 (Register 2015, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-15-2015 or emergency language will be repealed by operation of law on the following day.

13. Certificate of Compliance as to 6-18-2015 order transmitted to OAL 11-13-2015 and filed 12-24-2015 (Register 2015, No. 52).

14. Amendment of Note filed 12-29-2016 as an emergency; operative 12-29-2016 (Register 2016, No. 53). A Certificate of Compliance must be transmitted to OAL by 6-27-2017 or emergency language will be repealed by operation of law on the following day.

15. Amendment of Note refiled 6-28-2017 as an emergency; operative 6-28-2017 (Register 2017, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2017 or emergency language will be repealed by operation of law on the following day.

16. Certificate of Compliance as to 6-28-2017 order transmitted to OAL 9-22-2017 and filed 11-3-2017 (Register 2017, No. 44).