Community College Facility Coalition (CCFC)
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October 01, 2018

CCFC Update: Capital Outlay Spending Plan and End of Session Legislative Outcomes

Board of Governors Approves 2019-20 Spending Plan

On September 17, 2018, the Board of Governors approved the 2019-20 Capital Outlay Spending Plan. This plan is the basis of the Chancellor’s Office budget request for FY 2019-20. The plan reflects a total of 58 projects, including 39 new start projects and 19 continuing projects, and requests appropriation of $551 million in state bond funds for FY 2019-20 to fund the plan. For the 39 new projects, the Chancellor’s Office is requesting funds for both preliminary plans and working drawings.

The new Governor will release his budget proposal in January 2019, kicking off months of review and discussion in the Legislature. CCFC will actively engage in the legislative process to support the Chancellor’s Office budget request to fund 39 new projects and 19 continuing projects. We will call upon CCFC members to assist with the advocacy process.

The Board of Governors also approved the Five-Year Capital Outlay Plan, which identifies total capital facilities needs of approximately $30.4 billion over the next five years.

Click here for a copy of the 2019-20 Capital Outlay Spending Plan, as approved by the Board of Governors.

Legislative Update

Yesterday was the final deadline of the 2017-18 legislative session. The Governor had until September 30 to sign or veto bills passed by the Legislature in 2018. Below is an update on a number of bills of interest to CCFC.

AB 2785 (Rubio) – Lactation Accommodation

This bill was signed by the Governor. AB 2785 states that CCC and CSU shall provide reasonable accommodations on their campuses for lactating students to express breast milk or breastfeed a child. The bill was sponsored by the Women’s Policy Institute. CCFC raised some concerns and worked closely with the author and sponsor to negotiate a number of significant amendments.

Reasonable accommodations include access to a private, secure room other than a restroom, with a comfortable place to sit and a table or shelf on which to place equipment. The space shall provide access to a power source for a pump. There is also a requirement for a sink in the lactation accommodation space when the college undertakes a facilities project. The sink requirement:

  • Is triggered by future facilities projects, including construction of a new campus or building regularly used by students, or the replacement, expansion, or renovation of an existing building regularly used by students.
  • Applies when the project is $5 million or greater.
  • Applies to renovation/replacement projects that involve plumbing.
  • Can only be triggered once. The college is only required to have one lactation accommodation space with a sink.

The Governor also signed AB 1976 (Limon), which requires employers to provide employees with a space other than a bathroom to express breast milk. The Governor vetoed SB 937 (Wiener), another bill pertaining to lactation accommodations for employees.

AB 2249 (Cooley) – CUPCCAA Increases

This bill was signed by the Governor. AB 2249 increases the CUPCCAA no-bid and informal bid limits in statute for the first time since 2011 as follows:

  • Increases the no-bid cap from $45,000 to $60,000.
  • Increases the informal bid level for projects between $45,000 and $175,000 to projects between $60,000 and $200,000.
  • Increases the formal bid limit to any project over $200,000.

AB 2249 was sponsored by the State Controller, and CCFC had a support position. Current law requires the California Uniform Construction Cost Accounting Commission to review these bid limits every five years and recommend proposed adjustments to the Legislature.

AB 3186 (Medina) – Best Value Procurement

This bill was signed by the Governor. AB 3186 indefinitely extends the best value procurement authorization for CCC and UC for goods, materials, equipment, and services. Best value allows for consideration of non-cost factors such as quality and experience rather than taking the lowest responsible bidder. Current law exempts professional services from the lowest responsible bidder requirement, and it also includes a pilot program allowing the use of best value for goods, materials, equipment, and services that is set to expire on January 1, 2019. CCFC had a support position on AB 3186, in particular because the bill removes onerous reporting requirements and makes it easier to use best value for large equipment and technology purchases.

SB 877 – DIR Prevailing Wage Monitoring Program and Emergency Contracts

This bill was signed by the Governor. SB 877 was a gut and amend trailer bill introduced late at the end of session. Among other state government issues, the bill provides a 30-day grace period for filing notice of emergency contracts with the Department of Industrial Relations (DIR). Specifically, the bill requires notice to be filed within 30 days after the award of an emergency contract, and by the last day on which the contractor has workers employed upon the public work. CCFC was successful in amending the bill to include the correct Public Contract Code reference for emergency contracting by community college districts (PCC 20654); the initial version of the bill did not cover all schools and community colleges, only those utilizing the CUPCCAA program. Because SB 877 is a budget trailer bill, it went into effect immediately upon the Governor’s signature, which was September 17, 2018.

Rebekah Cearley
CCFC Legislative Advocate