Cal. Code Regs. tit. 15 § 1806

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1806 - Definitions

The following words, where used in this subchapter, shall have the meaning hereafter ascribed to them in this article, unless the context of their use clearly requires a different meaning.

"Administrative work plan" means a comprehensive plan for designing, performing and managing the proposed project.

"Applicant" means the participating county that is applying for financing through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.

"Architectural drawings" means full-size architectural renderings that shall be prepared at least 1/8" scale.

"Board" means the State Public Works Board.

"Board of State and Community Corrections agreement," also known as the BSCC agreement, means the written agreement and any amendments thereto which outline roles and responsibilities between the participating county and the BSCC as it relates to the oversight of the project.

"Board of Supervisors' resolution" means a written resolution by a County Board of Supervisors.

"BSCC" means Board of State and Community Corrections, which acts by and through its Executive Director and representatives.

"CCR" means California Code of Regulations.

"CDCR" means the California Department of Corrections and Rehabilitation.

"Cash match" and "hard match" are used interchangeably and mean cash dedicated to the project by the applicant for eligible expenditures as defined in Section 1814 of these regulations.

"Concept drawings" means, with respect to a design-build project, any drawings or architectural renderings that may be prepared, in addition to performance criteria, in such detail as the participating county determines necessary to sufficiently describe the participating county's needs.

"Conditional award" means the maximum amount of state reimbursement a participating county may receive for a project through the Local Youthful Offender Rehabilitative Facility Construction Financing Program subject to or conditioned upon certain requirements, including, but not limited to:

1) each participating county's project must be approved by the BSCC and the Board at various stages throughout planning and construction as required by these regulations;
2) each participating county must enter into the state/county agreements as required by these regulations; and
3) the financing mechanism of lease-revenue bonds are able to be sold for each selected project.

"Construction bid" means a construction bid price received from a qualified contractor for a design-bid-build project as a result of a publicly advertised request for bid.

"Construction documents" means architectural plans and specifications that are one hundred percent (100%) complete and generally include: completed specifications with bid proposal documents; completed construction drawings; and special interest items (corrections, modifications, or additions made to the documents).

"Construction management" means a specialized, multidisciplinary function provided by a firm or individual acting as the county's representative with the responsibility to guide the county through all phases of delivery of the construction project.

"County" means a legal subdivision of the State of California as defined in subsection (a) of Section 1 of Article XI of the California Constitution.

"Design-bid-build" means a construction procurement process independent of the design process and in which the construction of a project is procured based on completed construction documents.

"Design-build" means a construction procurement process in which both the design and construction of a project are procured from a single entity.

"Design capacity" includes all housing areas, even those specialized units that are not included in the rated capacity. It does not, however, include temporary holding rooms, such as those in the reception and booking areas of the facility. Design capacity is used in calculating costs per bed and square foot.

"Design development" means architectural plans and specifications that are fifty percent (50%) complete and generally include: outline specifications (detention hardware, equipment, and furnishings); floor plans (to scale with dimensions, room designations, references, wall types, and ratings); building sections (heights and dimensions); interior elevations; and preliminary structural, mechanical, and electrical drawings.

"Detention alternatives" means programming efforts designed to reduce juvenile facility crowding as well as recidivism among local offenders.

"EIR" means environmental impact report; a report as defined in the California Environmental Quality Act (CEQA) as implemented in Title 14, CCR, Public Resources Code, Sections 21000- 21177.

"Evaluation and rating process" means the method by which each county's proposal will be evaluated using the criteria stipulated in these regulations.

"Facility administrator" means the chief probation officer or other official charged by law with the administration of a local youthful offender rehabilitative facility.

"Facility lease" means a lease-revenue bond financing document in which the Board leases the site and the Board-financed local youthful offender rehabilitative facility to CDCR for the term of the bonds and, subject to availability for use and occupancy, the CDCR agrees to pay rent and other related obligations.

"Facility sublease" means a sublease of the Board-financed local youthful offender rehabilitative facility from CDCR, with the consent of the Board, to a participating county, for its use, operation and maintenance, as described in Section 1854.

"Ground lease" means a lease between a participating county and CDCR, with the consent of the Board, to place possession and control of the real property upon which the Board-financed local youthful offender rehabilitative facility will be constructed with CDCR as described in Section 1852.

"Hard match" and "cash match" are used interchangeably and mean cash dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.

"In-kind match" and "soft match" are used interchangeably and mean local funds in the form of property value or management/administrative services dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.

"Interim Financing" is a loan or loans that the CDCR and the Board obtain for the state's share of the project and which may be obtained pursuant to:

(i) Sections 16312 and 16313 of the California Government Code (Pooled Money Investment Board loans),
(ii) Section 15849.1 of the California Government Code (General Fund loans), or
(iii) any other appropriate source.

"Large county" means a county with a general county population from 700,001 and above as estimated by the State Department of Finance for July 1, 2007, for Round One and January 1, 2014, for Round Two.

"Lease-revenue bonds" and "state bond financing" are interchangeable and means lease-revenue bonds issued by the State Public Works Board for local youthful offender rehabilitative facilities as authorized in Chapter 1.5, Article 3 of Division 2.5 of the Welfare and Institutions Code, as may be amended from time to time.

"Local Youthful Offender Rehabilitative Facility" means a juvenile facility, as defined in Minimum Standards for Juvenile Facilities, California Code of Regulations Title 15, Section 1302, Definitions. This term also applies to county operated/owned facilities meeting applicable Title 15 and Title 24 regulations in which programs take place and/or are provided for the purpose of the rehabilitation of youthful offenders. Local youthful offender rehabilitative facilities may include non-secure program space.

"Local Youthful Offender Rehabilitative Facility Construction Financing Program" means the requirements set forth in Chapter 1.5, Article 3 of Division 2.5 of the Welfare and Institutions Code to finance the construction of local youthful offender rehabilitative facilities.

"Match" means local funds in the form of cash, property value, or management/administrative services contributed by a county on a state bond financed project in the ratio described in Section 1814.

"Medium county" means a county with a general county population from 200,001 to 700,000 as estimated by the State Department of Finance for July 1, 2007, for Round One and January 1, 2014, for Round Two.

"Needs assessment study" means a compilation of data that substantiates and justifies the scope of the project proposed to be funded through the Local Youthful Offender Rehabilitative Facility Construction Financing Program.

"Net gain in beds" means the number of beds (rated capacity and special use beds) to be added (if any), minus the number of existing beds (rated capacity and special use beds) to be eliminated in the county (if any) as a result of the project constructed through the Local Youthful Offender Rehabilitative Facility Construction Financing Program.

"Operational program statement" means a description of the intended operation of a local youthful offender rehabilitative facility proposed to be financed through the Local Youthful Offender Rehabilitative Facility Construction Financing Program.

"Participating county" means any county, or regional consortium of counties, within the state that has been certified to the Board by the CDCR as having satisfied all of the requirements set forth in Welfare and Institutions Code Section 1975 for financing a local youthful offender rehabilitative facility pursuant to this article.

"Performance criteria" means, with respect to a design-build project, the information that fully describes the scope of the proposed project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the participating county's needs, including documents prepared pursuant to paragraph (1) of subdivision (d) of Section 20133 of the Public Contract Code.

"Preliminary plans" means a site plan, architectural floor plans, elevations, outline specifications, and a cost estimate for each utility, site development, conversion, and remodeling project. The drawings shall be sufficiently descriptive to accurately convey the location, scope, cost, and the nature of the improvement being proposed.

"Project" means the construction, expansion or renovation of a local youthful offender rehabilitative facility proposed to be financed through the Local Youthful Offender Rehabilitative Facility Construction Financing Program.

"Project delivery and construction agreement" means the written agreement and any amendments thereto between the Board, the CDCR, the BSCC, and the participating county supplying the terms, provisions, and conditions governing the delivery of the project, as well as other supplemental terms and conditions that are deemed necessary to the project by the Board as described in Section 1848.

"Proposal" means the document prepared by a county, or two or more counties if a common proposal, by which a request is made to participate in the Local Youthful Offender Rehabilitative Facility Construction Financing Program.

"Proposal evaluation criteria" means criteria by which proposals will be rated for financing through the Local Youthful Offender Rehabilitative Facility Construction Financing Program.

"Rated capacity" means the number of detainee occupants, as determined by the BSCC, for which a facility's single and double occupancy rooms or dormitories (excluding those areas dedicated for medical or mental health care or disciplinary isolation housing), were planned and designed in conformity with the standards and requirements contained in Title 15, CCR, Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Chapter 13, Section 13-201 and Part 2, Volume 1, Chapter 12, Section 1230.

"Regional consortium of counties" means two or more counties bound together by a memorandum of understanding or a joint powers agreement identifying the terms, conditions, rights, responsibilities, and financial obligations of all parties.

"Renovation" means major upgrading, enhancing, remodeling or reassigning of space with the primary objective to improve safety, security and functional use (including rehabilitative program use) and extend the useful life of the facility.

"Round One" means the process and award of financing within the Local Youthful Offender Rehabilitative Facility Construction Financing Program pursuant to the request for proposals issued July 15, 2008.

"Round Two" means the process and award of financing within the Local Youthful Offender Rehabilitative Facility Construction Financing Program pursuant to the request for proposals issued September 12, 2014.

"Schematic design" means architectural plans and specifications that are thirty percent (30%) complete and generally include: a site plan; floor plan; exterior elevations and cross sections; type of construction; and actual gross floor area.

"Scope of work and project impact" means a description of the project and the impact the project will have on the county's juvenile detention system.

"Site" means the property on which the Board-financed local youthful offender rehabilitative facility is located, including a buffer zone. Roadways or areas serving functions other than the local youthful offender rehabilitative facility shall not be considered part of the site.

"Small county" means a county with a general county population of 200,000 or fewer as estimated by the State Department of Finance for July 1, 2007, for Round One and January 1, 2014, for Round Two.

"Soft match" and "in-kind match" are used interchangeably and mean local funds in the form of property value or management/administrative services dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.

"Special use beds" means beds for the purpose of appropriately housing detainees in medical, mental health or disciplinary rooms or units that are planned and designed in conformity to the standards and requirements contained in Title 15, CCR, Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Chapter 13, Section 13-201 and Part 2, Volume 1, Chapter 12, Section 1230.

"Staffing plan" means an assessment and identification of staffing levels needed to operate the proposed project.

"State bond financing" and "lease-revenue bonds" are used interchangeably and mean lease-revenue bonds issued by the State Public Works Board for local youthful offender rehabilitative facilities as authorized in Chapter 1.5, Article 3 of Division 2.5 of the Welfare and Institutions Code, as may be amended from time to time.

"State reimbursements" are payments made to the county by CDCR to reimburse the county for project costs which were deemed eligible for state financing.

"Working drawings" means a complete set of plans and specifications showing and describing all phases of a project, architectural, structural, mechanical, electrical, civil engineering, and landscaping systems to the degree necessary for the purposes of accurate bidding by contractors and for the use of artisans in constructing the project.

Cal. Code Regs. Tit. 15, § 1806

1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3. Amendment of section and NOTE filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and NOTE refiled 3-16-2015 as an emergency; operative 3-18-2015 pursuant to Government Code section 11346.1(d) (Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL by 6-16-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-16-2015 order, including further amendment of definitions of "Large county," "Medium county" and "Small county" transmitted to OAL 6-11-2015 and filed 7-15-2015; amendments effective 7-15-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 29).

Note: Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1970, 1971, 1972, 1973, 1974, 1975, 1976, 1977 and 1978, Welfare and Institutions Code.

1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3. Amendment of section and Note filed 8-14-2014 as an emergency; operative 8/14/2014 (Register 2014, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and Note refiled 3-16-2015 as an emergency; operative 3-18-2015 pursuant to Government Code section 11346.1(d) (Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL by 6-16-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-16-2015 order, including further amendment of definitions of "Large county," "Medium county" and "Small county" transmitted to OAL 6-11-2015 and filed 7-15-2015; amendments effective 7/15/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 29).