Section 15820.202 - Plans and specifications for student housing projects(a)(1) The board of governors, a participating college, and the board may acquire, design, construct and equip a student housing project, and acquire the site or sites upon which a student housing project is located.(2) In order for a student housing project to be eligible for financing under this chapter, the ownership interest of a participating college in the site or sites leased with respect to the financing shall be determined by the board to be adequate for purposes of its financing.(3) The board may either approve the student housing project as the property to be leased with respect to the financing or may require a participating college to lease other property of the participating college pursuant to Section 15820.203 for purposes of financing the student housing project.(b)(1) The Department of General Services shall approve plans and specifications for student housing projects constructed pursuant to this chapter upon the request by a participating college.(2) A participating college may assign an inspector during the construction of the student housing project.(c)(1) The State Fire Marshal shall enforce the building standards and other regulations of the State Fire Marshal on student housing projects constructed pursuant to this chapter.(2) For each student housing project constructed by a participating college pursuant to this chapter, the State Fire Marshal may delegate that responsibility to a person identified by the participating college who shall be known as the Designated Participating College Fire Marshal.(d) The board of governors, a participating college, and the board shall enter into an agreement for each student housing project that shall include, at a minimum, all of the following:(1) Performance expectations of the parties related to the acquisition, design, and construction or renovation of the student housing project.(2) The student housing project's scope, schedule, and budget that indicates a project contingency of not less than 10 percent of construction costs.(3) The participating college's agreement that it will pay for any costs of a student housing project financed pursuant to this chapter in excess of the dollar amount identified in paragraphs (3) and (4) of subdivision (m) of section 17201 of the Education Code, as amended by Chapters 54 and 572 of the Statutes of 2022, and subparagraph (B) of paragraph (2) of subdivision (n) of Section 17201 of the Education Code, as amended by Chapter 195 of the Statutes of 2023, for each respective participating college.(4) A detailed description of the source or sources of the funds to be used for the student housing project, other than funds received pursuant to this chapter, and a certification by the participating college that such funds are lawfully available for use to pay costs related to, or necessary for, the student housing project.(5) Guidelines and criteria for use and application of the proceeds of any interim loan and any revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of a student housing project.(6) Ongoing maintenance and staffing responsibilities of the participating college for the student housing project and, if applicable, the other property leased pursuant to Section 15820.203, for the term of the financing.(e) The agreement entered into pursuant to subdivision (d) shall include a provision that the participating college agrees to indemnify, defend, and hold harmless the State of California for any and all claims and losses arising out of the acquisition, design, construction, equipping and financing of the student housing project. The agreement may also contain additional terms and conditions that facilitate the financing by the board.(f)(1) The scope, cost, and any change to the scope and cost of a student housing project shall be subject to approval and administrative oversight by the board.(2)(A) Notwithstanding any other provision of this chapter, the board may approve a reduction in the number of beds for low-income students in a student housing project if there is a change in scope of the student housing project.(B) Notwithstanding any other provision of this chapter, the board may approve a reduction in the number of beds for low-income students in a student housing project if necessary to ensure the completion of the student housing project with the funds made available from the board and the participating college in accordance with this chapter.(C) The board shall report reductions in excess of 10 percent of the number of beds for low-income students identified in a participating college's application submitted pursuant to Section 17201 of the Education Code to the Chairperson of the Joint Legislative Budget Committee, or their designee, not less than 20 days before board approval, or at such fewer days before board approval as the chairperson, or their designee, may in each instance determine.(g) For purposes of complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), neither the board, the board of governors, nor the Department of Finance shall be deemed a lead or responsible agency and the participating college shall be the lead agency.Ca. Gov. Code § 15820.202
Added by Stats 2024 ch 71 (SB 155),s 11, eff. 7/2/2024.