SECTIONS 70391-70394 - California Statutes

GOVERNMENT CODE

SECTION 70391-70394

70391. The Judicial Council, as the policymaking body for the
judicial branch, shall have the following responsibilities and
authorities with regard to court facilities, in addition to any other
responsibilities or authorities established by law:
(a) Exercise full responsibility, jurisdiction, control, and
authority as an owner would have over trial court facilities the
title of which is held by the state, including, but not limited to,
the acquisition and development of facilities.
(b) Exercise the full range of policymaking authority over trial
court facilities, including, but not limited to, planning,
construction, acquisition, and operation, to the extent not expressly
otherwise limited by law.
(c) Dispose of surplus court facilities following the transfer of
responsibility under Article 3 (commencing with Section 70321),
subject to all of the following:
(1) If the property was a court facility previously the
responsibility of the county, the Judicial Council shall comply with
the requirements of Section 11011, and as follows, except that,
notwithstanding any other provision of law, the proportion of the net
proceeds that represents the proportion of other state funds used on
the property other than for operation and maintenance shall be
returned to the fund from which it came and the remainder of the
proceeds shall be deposited in the State Court Facilities
Construction Fund.
(2) The Judicial Council shall consult with the county concerning
the disposition of the facility. Notwithstanding any other law,
including Section 11011, when requested by the transferring county, a
surplus facility shall be offered to that county at fair market
value prior to being offered to another state agency or local
government agency.
(3) The Judicial Council shall consider whether the potential new
or planned use of the facility:
(A) Is compatible with the use of other adjacent public buildings.
(B) Unreasonably departs from the historic or local character of
the surrounding property or local community.
(C) Has a negative impact on the local community.
(D) Unreasonably interferes with other governmental agencies that
use or are located in or adjacent to the building containing the
court facility.
(E) Is of sufficient benefit to outweigh the public good in
maintaining it as a court facility or building.
(4) All funds received for disposal of surplus court facilities
shall be deposited by the Judicial Council in the State Court
Facilities Construction Fund.
(5) If the facility was acquired, rehabilitated, or constructed,
in whole or in part, with moneys in the State Court Facilities
Construction Fund that were deposited in that fund from the state
fund, any funds received for disposal of that facility shall be
apportioned to the state fund and the State Court Facilities
Construction Fund in the same proportion that the original cost of
the building was paid from the state fund and other sources of the
State Court Facilities Construction Fund.
(6) Submission of a plan to the Legislature for the disposition of
court facilities transferred to the state, prior to, or as part of,
any budget submission to fund a new courthouse that will replace the
existing court facilities transferred to the state.
(d) Conduct audits of all of the following:
(1) The collection of fees by the local courts.
(2) The moneys in local courthouse construction funds established
pursuant to Section 76100.
(3) The collection of moneys to be transmitted to the Controller
for deposit in the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5.
(e) Establish policies, procedures, and guidelines for ensuring
that the courts have adequate and sufficient facilities, including,
but not limited to, facilities planning, acquisition, construction,
design, operation, and maintenance.
(f) Establish and consult with local project advisory groups on
the construction of new trial court facilities, including the trial
court, the county, the local sheriff, state agencies, bar groups,
including, but not limited to, the criminal defense bar, and members
of the community. Consultation with the local sheriff in design,
planning, and construction shall include the physical layout of new
facilities, as it relates to court security and other security
considerations, including matters relating to the safe control and
transport of in-custody defendants.
(g) Manage court facilities in consultation with the trial courts.
(h) Allocate appropriated funds for court facilities maintenance
and construction, subject to the other provisions of this chapter.
(i) Manage shared-use facilities to the extent required by the
agreement under Section 70343.
(j) Prepare funding requests for court facility construction,
repair, and maintenance.
(k) Implement the design, bid, award, and construction of all
court construction projects, except as delegated to others.
(l) Provide for capital outlay projects that may be built with
funds appropriated or otherwise available for these purposes as
follows:
(1) Approve five-year and master plans for each district.
(2) Establish priorities for construction.
(3) Recommend to the Governor and the Legislature the projects to
be funded by the State Court Facilities Construction Fund.
(4) Submit the cost of projects proposed to be funded to the
Department of Finance for inclusion in the Governor's Budget.
(m) In carrying out its responsibilities and authority under this
section, the Judicial Council shall consult with the local court for:
(1) Selecting and contracting with facility consultants.
(2) Preparing and reviewing architectural programs and designs for
court facilities.
(3) Preparing strategic master and five-year capital facilities
plans.
(4) Major maintenance of a facility.

70391.5. (a) The Judicial Council shall develop performance
expectations for court facility proposals, including benchmark
criteria for total project life-cycle costs, project cost comparisons
to traditional delivery and financing options, project risk
assessments and allocations, utility and energy conservation
requirements that meet or exceed state standards, and court security
operations cost controls and reduction goals. The performance
expectations and benchmark criteria shall be consistent with Chapter
1016 of the Statutes of 2002, Chapter 488 of the Statutes of 2006,
and consistent with all current state building practices.
(b) In reviewing any court facility proposal that includes a
public-private partnership component, the Director of Finance shall
take into consideration any terms in the proposal that could create
long-term funding commitments and how those terms may be structured
to minimize risk to the state's credit ratings. Following the
approval of any court facility proposal of the Director of Finance,
the Judicial Council shall notify the Joint Legislative Budget
Committee of the performance expectations and benchmark criteria for
the proposal at least 30 days prior to the release of initial
solicitation documents for a court facility project. If the Joint
Legislative Budget Committee does not express any opposition or
concerns, the Judicial Council may proceed with the solicitation 30
days after giving that notice.

70391.7. (a) For purposes of this section, the definitions in
subdivision (a) of Section 13332.19 shall apply. For purposes of
subdivision (a) of Section 13332.19, references to the Department of
General Services shall be deemed to be references to the Judicial
Council.
(b) Notwithstanding any provision of the Public Contract Code or
any other law, when the Legislature appropriates funds for a specific
project, the Judicial Council may contract and procure court
facilities pursuant to this section.
(c) Prior to contracting with a design-build entity for the
procurement of a court facility under this section, the Judicial
Council shall:
(1) Prepare a program setting forth the performance criteria for
the design-build project. The performance criteria shall be prepared
by a design professional duly licensed and registered in the State of
California.
(2) (A) Establish a competitive prequalification and selection
process for design-build entities, including any subcontractors
listed at the time of bid, that clearly specifies the
prequalification criteria, and states the manner in which the winning
design-build entity will be selected.
(B) Prequalification shall be limited to consideration of all of
the following criteria:
(i) Possession of all required licenses, registration, and
credentials in good standing that are required to design and
construct the project.
(ii) Submission of evidence that establishes that the design-build
entity members have completed, or demonstrated the capability to
complete, projects of similar size, scope, or complexity, and that
proposed key personnel have sufficient experience and training to
competently manage and complete the design and construction of the
project.
(iii) Submission of a proposed project management plan that
establishes that the design-build entity has the experience,
competence, and capacity needed to effectively complete the project.
(iv) Submission of evidence that establishes that the design-build
entity has the capacity to obtain all required payment and
performance bonding, liability insurance, and errors and omissions
insurance, as well as a financial statement that assures the Judicial
Council that the design-build entity has the capacity to complete
the project.
(v) Provision of a declaration certifying that applying members of
the design-build entity have not had a surety company finish work on
any project within the last five years.
(vi) Provision of information and a declaration providing detail
concerning all of the following:
(I) Any construction or design claim or litigation totaling more
than five hundred thousand dollars ($500,000) or 5 percent of the
annual value of work performed, whichever is less, settled against
any member of the design-build entity over the last five years.
(II) Serious violations of the California Occupational Safety and
Health Act of 1973, as provided in Part 1 (commencing with Section
6300) of Division 5 of the Labor Code, settled against any member of
the design-build entity.
(III) Violations of federal or state law, including, but not
limited to, those laws governing the payment of wages, benefits, or
personal income tax withholding, or of Federal Insurance
Contributions Act (FICA) withholding requirements, state disability
insurance withholding, or unemployment insurance payment
requirements, settled against any member of the design-build entity
over the last five years. For purposes of this subclause, only
violations by a design-build member as an employer shall be deemed
applicable, unless it is shown that the design-build entity member,
in his or her capacity as an employer, had knowledge of his or her
subcontractor's violations or failed to comply with the conditions
set forth in subdivision (b) of Section 1775 of the Labor Code.
(IV) Information required by Section 10162 of the Public Contract
Code.
(V) Violations of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code), excluding alleged violations or complaints.
(VI) Any conviction of any member of the design-build entity of
submitting a false or fraudulent claim to a public agency over the
last five years.
(vii) Provision of a declaration that the design-build entity will
comply with all other provisions of law applicable to the project,
including, but not limited to, the requirements of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor
Code.
(C) The Judicial Council, when requested by the design-build
entity, shall hold in confidence any information required by clauses
(i) to (vi), inclusive, of subparagraph (B).
(D) Any declaration required under subparagraph (B) shall state
that reasonable diligence has been used in its preparation and that
it is true and complete to the best of the signer's knowledge. A
person who certifies as true any material matter that he or she knows
to be false is guilty of a misdemeanor and shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both the fine and imprisonment.
(3) (A) Determine, as the Judicial Council deems in the best
interests of the state, which of the following methods listed in
subparagraph (B) will be used as the process for the winning
design-build entity. The Judicial Council shall provide a
notification to the State Public Works Board, regarding the method
selected for determining the winning design-build entity, at least 30
days prior to publicizing the design-build solicitation package.
(B) The Judicial Council shall make its determination by choosing
one of the following methods:
(i) A design-build competition based upon performance, price, and
other criteria set forth by the Judicial Council in the design-build
solicitation package. The Judicial Council shall establish technical
criteria and methodology, including price, to evaluate proposals and
shall describe the criteria and methodology in the design-build
solicitation package. Award shall be made to the design-build entity
whose proposal is judged as providing the best value in meeting the
interests of the Judicial Council and meeting the objectives of the
project. A project with an approved budget of ten million dollars
($10,000,000) or more may be awarded pursuant to this clause.
(ii) A design-build competition based upon performance and other
criteria set forth by the Judicial Council in the design-build
solicitation package. Criteria used in this evaluation of proposals
may include, but need not be limited to, items such as proposed
design approach, life-cycle costs, project features, and functions.
However, any criteria and methods used to evaluate proposals shall be
limited to those contained in the design-build solicitation package.
Award shall be made to the design-build entity whose proposal is
judged as providing the best value, for the lowest price, meeting the
interests of the Judicial Council and meeting the objectives of the
project. A project with an approved budget of ten million dollars
($10,000,000) or more may be awarded pursuant to this clause.
(iii) A design-build competition based upon program requirements
and a detailed scope of work, including any performance criteria and
concept drawings set forth by the Judicial Council in the
design-build solicitation package. Award shall be made on the basis
of the lowest responsible bid. A project with an approved budget of
two hundred fifty thousand dollars ($250,000) or more may be awarded
pursuant to this clause.
(4) For purposes of this subdivision, the following definitions
shall apply:
(A) "Best interest of the state" means a design-build process that
is projected by the Judicial Council to reduce the project delivery
schedule and total cost of a project while maintaining a high level
of quality workmanship and materials, when compared to the
traditional design-bid-build process.
(B) "Best value" means a value determined by objective criteria
that may include, but are not limited to, price, features, functions,
life-cycle costs, experience, and other criteria deemed appropriate
by the Judicial Council.
(d) The Legislature recognizes that the design-build entity is
charged with performing both design and construction. Because a
design-build contract may be awarded prior to the completion of the
design, it is often impracticable for the design-build entity to list
all subcontractors at the time of the award. As a result, the
subcontractor listing requirements contained in Chapter 4 (commencing
with Section 4100) of Part 1 of Division 2 of the Public Contract
Code can create a conflict with the implementation of the
design-build process by requiring all subcontractors to be listed at
a time when a sufficient set of plans may not be available. It is the
intent of the Legislature to establish a clear process for the
selection and award of subcontracts entered into pursuant to this
section in a manner that retains protection for subcontractors while
enabling design-build projects to be administered in an efficient
fashion. Therefore, all of the following requirements shall apply to
subcontractors, licensed pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code,
that are employed on design-build projects undertaken pursuant to
this section:
(1) The Judicial Council, in each design-build solicitation
package, may identify types of subcontractors, by subcontractor
license classification, that will be listed by the design-build
entity at the time of the bid. In selecting the subcontractors that
will be listed by the design-build entity, the Judicial Council shall
limit the identification to only those license classifications
deemed essential for proper completion of the project. In no event,
however, may the Judicial Council specify more than five licensed
subcontractor classifications. In addition, at its discretion, the
design-build entity may list an additional two subcontractors,
identified by subcontractor license classification, that will perform
design or construction work, or both, on the project. In no event
shall the design-build entity list at the time of bid a total number
of subcontractors that will perform design or construction work, or
both, in a total of more than seven subcontractor license
classifications on a project. All subcontractors that are listed at
the time of bid shall be afforded all of the protection contained in
Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of
the Public Contract Code. All subcontracts that were not listed by
the design-build entity at the time of bid shall be awarded in
accordance with paragraph (2).
(2) All subcontracts that were not to be performed by the
design-build entity in accordance with paragraph (1) shall be
competitively bid and awarded by the design-build entity, in
accordance with the design-build process set forth by the Judicial
Council in the design-build solicitation package. The design-build
entity shall do all of the following:
(A) Provide public notice of the availability of work to be
subcontracted in accordance with Section 10140 of the Public Contract
Code.
(B) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with Section 10141 of the Public
Contract Code.
(C) As authorized by the Judicial Council, establish reasonable
prequalification criteria and standards, limited in scope to those
detailed in paragraph (2) of subdivision (c).
(D) Provide that the subcontracted work shall be awarded to the
lowest responsible bidder.
(e) This section shall not be construed and is not intended to
extend or limit the authority specified in Section 19130.
(f) Any design-build entity that is selected to design and
construct a project pursuant to this section shall possess or obtain
sufficient bonding consistent with applicable provisions of the
Public Contract Code. Nothing in this section shall prohibit a
general or engineering contractor from being designated the lead
entity on a design-build entity for the purposes of purchasing
necessary bonding to cover the activities of the design-build entity.
(g) Any payment or performance bond written for the purposes of
this section shall use a bond form developed by the Judicial Council.
In developing the bond form, the Judicial Council shall consult with
the surety industry to achieve a bond form that is consistent with
surety industry standards, while protecting the interests of the
state.
(h) The Judicial Council shall submit to the Joint Legislative
Budget Committee, before January 1, 2014, a report containing a
description of each public works project procured through the
design-build process described in this section that is completed
after January 1, 2009, and before December 1, 2013. The report shall
include, but shall not be limited to, all of the following
information:
(1) The type of project.
(2) The gross square footage of the project.
(3) The design-build entity that was awarded the project.
(4) The estimated and actual project costs.
(5) An assessment of the prequalification process and criteria.
(6) An assessment of the effect of any retention on the project
made under the law.
(7) A description of the method used to award the contract. If the
best value method was used, the report shall describe the factors
used to evaluate the bid, including the weighting of each factor and
an assessment of the effectiveness of the methodology.
(i) The authority under this section and Section 14661.1 shall
apply to a total of not more than five state office facilities,
prison facilities, or court facilities, which shall be determined
pursuant to this subdivision.
(1) In order to enter into a contract utilizing the procurement
method authorized under this section, the Judicial Council shall
submit a request to the Department of Finance.
(2) The Department of Finance shall make a determination whether
to approve or deny a request made pursuant to paragraph (1) if the
design-build project requested will not exceed the five facilities
maximum set forth in this section and Section 14661.1.
(3) After receiving notification that the Department of Finance
has approved the request and that the Legislature has appropriated
funds for a specific project, the Judicial Council may enter into a
design-build contract under this section.
(j) Nothing in this section is intended to affect, expand, alter,
or limit any rights or remedies otherwise available under the law.

70392. Except as otherwise specifically provided by law, the
Administrative Office of the Courts shall have the following
responsibilities and authority in addition to other responsibilities
and authority granted by law or delegated by the Judicial Council:
(a) Notwithstanding any other provision of law and subject to the
appropriation of funds, provide the ongoing oversight, management,
operation, and maintenance of facilities used by the trial courts, if
the responsibility for the facility has been transferred to the
Judicial Council pursuant to this chapter.
(b) Carry out the Judicial Council's policies with regard to trial
court facilities, except as otherwise expressly limited by law.
(c) Develop for Judicial Council approval the master plans for
trial court facilities in each district.
(d) Construction of court buildings, including, but not limited
to, selection of architects and contractors, except as otherwise
expressly limited by law.
(e) Delegate its responsibilities and authority to the local trial
court for court facilities used by that court.

70393. The county shall have the following authority and
responsibilities with regard to court facilities in addition to any
other authority or responsibilities established by law:
(a) Manage the shared-use buildings whose title the county retains
under subdivision (b) of Section 70323.
(b) Make recommendations to the court and the Judicial Council for
the location of new court facilities.
(c) Provide services to local court facilities as provided in the
agreement entered into under Section 70322.
(d) Indemnify the state for any liability imposed on the state
pursuant to the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), or related
provisions for conditions that existed on the property at the time of
transfer whether or not known to the county.

70394. (a) The Judicial Council shall establish a task force on
county law libraries. The task force is charged with identifying the
needs related to county law library operations and facilities, and
identifying and making recommendations for funding county law library
operations, facility improvements, and expansion.
(b) The task force shall consist of three representatives from the
judicial branch of government, as selected by the Administrative
Director of the Courts, three representatives of the counties, as
selected by the California State Association of Counties, and three
county law library administrators, as selected by the Council of
California County Law Librarians. The Administrative Director of the
Courts shall designate one of these representatives as chairperson of
the task force.
(c) The Administrative Office of the Courts shall provide staff
support for the task force and shall develop guidelines for
procedures and practices for the task force.
(d) The duties of the task force shall include all of the
following:
(1) Review the state of existing county law libraries.
(2) Examine existing standards for county law library operations.
(3) Document the funding mechanisms currently available for the
maintenance and operation of county law library facilities.
(4) Recommend funding sources and financing mechanisms for support
of county law library operations and facility maintenance.
(e) The task force shall be appointed on or before March 1, 2004.
The task force shall submit its report and recommendations to the
Judicial Council and the Legislature on or before January 1, 2005.
(f) The Judicial Council shall implement this section using
existing resources. Any costs for counties and county law librarians
to assist in the implementation of this section shall be at county or
county law librarians' expense, respectively.