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SB88 • 2026

Division of Construction Management; capital improvement projects valued less than $750,000 at covered K-12 and higher education institutions exempted from division inspections and recommendations

Division of Construction Management; capital improvement projects valued less than $750,000 at covered K-12 and higher education institutions exempted from division inspections and recommendations

Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Stutts
Last action
2026-04-01
Official status
Read Second Time in Second House
Effective date
Not listed

Plain English Breakdown

The bill text specifies that the exemption applies to 'covered' K-12 schools as defined in Section 41-4-400(d), but does not list which specific schools are covered.

SB88: Exempting Small School Construction Projects from State Inspections

This bill removes the requirement for state inspections and recommendations on school building projects under $750,000.

What This Bill Does

  • Exempts covered K-12 schools and four-year public institutions of higher education from Division of Construction Management inspection and recommendation requirements for capital improvement projects valued at less than $750,000.
  • Transfers authority over building standards code adoption to the school governing boards while keeping some powers with the division.

Who It Names or Affects

  • Covered K-12 schools
  • Four-year public institutions of higher education
  • The Division of Construction Management within the Department of Finance

Terms To Know

Capital improvement project
Construction, repair, remodeling, or renovation work on buildings and facilities.
Division of Construction Management
The state agency inside the Department of Finance that oversees building projects for schools.

Limits and Unknowns

  • This law only applies to projects with a certified cost of $750,000 or less.
  • Projects costing more than $750,000 still require state approval and inspections under current rules.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

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State Government

Reported Out of Committee Second House

Plain English: This amendment lowers the cost limit for school construction projects that do not need full state approval from $750,000 to $300,000.

  • The maximum project cost exempt from Division of Construction Management approval is reduced from $750,000 to $300,000 for K-12 schools and four-year public colleges.
  • Schools must still submit documents to the state division so it can check if projects follow disability access laws and fire safety rules.
  • The state division has 30 days to review these submitted documents and provide written recommendations at no cost, with a possible extension up to 45 days.
  • The provided text is cut off near the end of Section (2), so any changes regarding repairs or other specific project types mentioned after that point cannot be fully explained.
  • It is unclear if this change applies to two-year colleges since the text only explicitly mentions K-12 schools and four-year institutions.

Bill History

  1. 2026-04-01 House

    Read for the Second Time and placed on the Calendar

  2. 2026-04-01 House

    Reported Out of Committee Second House

  3. 2026-02-17 Senate

    Motion to Read a Third Time and Pass - Adopted Roll Call 441 (Yeas 33, Nays 0)

  4. 2026-02-17 Senate

    Third Reading in House of Origin (Yeas 33, Nays 0)

  5. 2026-02-17 House

    Pending Committee Action in Second House

  6. 2026-02-17 House

    Read for the first time and referred to the House Committee on State Government

  7. 2026-01-29 Senate

    Read for the Second Time and placed on the Calendar

  8. 2026-01-28 Senate

    Reported Out of Committee House of Origin

  9. 2026-01-13 Senate

    Pending Committee Action in House of Origin

  10. 2026-01-13 Senate

    Read for the first time and referred to the Senate Committee on Finance and Taxation Education

Official Summary Text

Division of Construction Management; capital improvement projects valued less than $750,000 at covered K-12 and higher education institutions exempted from division inspections and recommendations

Current Bill Text

Read the full stored bill text
SB88 INTRODUCED
Page 0
SB88
11R6433-1
By Senators Stutts, Sessions, Chesteen
RFD: Finance and Taxation Education
First Read: 13-Jan-26
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11R6433-1 1/08/2025 EGC (L)EGC 2025-3440
Page 1
First Read: 13-Jan-26
SYNOPSIS:
Under existing law, certain capital improvement
projects valued at less than $750,000 and conducted at
covered K-12 schools and institutions of higher
education are exempt from approval by the Division of
Construction Management within the Department of
Finance; however, the division continues to inspect and
issue recommendations regarding exempted improvements
involving compliance with the Americans with
Disabilities Act and compliance with fire and life
safety issues.
This bill would exempt covered K-12 and
institutions of higher education from division
inspection and recommendation requirements for all
capital improvement projects valued at less than
$750,000.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
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SB88 INTRODUCED
Page 2
Relating to the Division of Construction Management
within the Department of Finance; to amend Section 16-1-2.4,
Code of Alabama 1975; to exempt covered K-12 and institutions
of higher education from division inspection and
recommendation requirements for capital improvement projects
valued at less than $750,000; and to make nonsubstantive,
technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-1-4, Code of Alabama 1975, is
amended to read as follows:
"§16-1-2.4
(a) Notwithstanding any provision of law to the
contrary, the governing board of each educational institution
or state educational institution, as defined in Section
41-4-400(d), may on behalf of the State of Alabama do any or
all of the following in relation to that institution:
(1) Acquire lands by purchase, condemnation, or
otherwise.
(2) Plan for the construction, repair, remodeling,
enlargement, renovation, furnishing, refurnishing,
improvement, or relocation of buildings, structures, and
facilities.
(3) Set policies, procedures, and guidelines for the
design, construction, renovation, equipment, furnishing,
maintenance, and improvement of all property now owned or
hereafter acquired.
(4) Construct, repair, equip, remodel, enlarge,
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SB88 INTRODUCED
Page 3
(4) Construct, repair, equip, remodel, enlarge,
renovate, furnish, refurnish, improve, and locate buildings,
structures, and facilities.
(5) Enter into contracts or consult with architects,
engineers, contractors, suppliers, and others as needed to
perform any of the functions provided for in this subsection.
(6) Receive any monies, land, or equipment donated,
appropriated, or otherwise acquired by it for the purposes
provided for in this subsection.
(7) Charge and provide for collection of user fees for
its services. The fees established shall take into
consideration the costs of the governing board incurred under
this section.
(8) Make and adopt all necessary rules , regulations,
and plans for its own guidance and for the proper conduct of
the duties imposed upon it.
(9) Review and approve or disapprove all proposed
construction, renovation, or improvement projects for
constructability, durability, and maintainability and to
ensure the efficient use and availability of funds.
(10) Review and administer all design and construction
contracts for facilities as provided for in this subsection.
(11) Review all emergency project declarations and to
aid in the timely execution of emergency projects.
(12) Hire architects, inspectors, and any other
personnel necessary for the purposes provided for in this
subsection or the duties assigned under this section.
(b)(1)a. At any K-12 school or at any four-year public
institution of higher education, any capital improvement
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SB88 INTRODUCED
Page 4
institution of higher education, any capital improvement
project or any alterations, additions, repair, or maintenance
of heating, ventilation, and air conditioning systems or any
alterations, additions, repair, or maintenance of a roof shall
not be subject to approval by the Division of Construction
Management within the Department of Finance ;, provided , that
the estimated cost of the project after design completion is
certified by a licensed architect or licensed engineer to be
no more than seven hundred fifty thousand dollars ($750,000).
b.1. For any project exempt from approval pursuant to
paragraph a., the governing body of the K-12 school or
four-year public institution of higher education shall submit
documents to the Division of Construction Management for the
sole purpose of review and inspection for compliance with the
Americans with Disabilities Act, 42 U.S.C. § 12112 et seq.,
and rules and regulations adopted thereunder, for fire safety
and life safety compliance, and for issuance of written
recommendations to the school or institution at no cost to the
school or institution or the governing body for the school or
institution.
2. The Division of Construction Management shall issue
its written recommendations no later than 30 days following
receipt of documentation pursuant to subparagraph 1. If the
division is unable to issue recommendations within the 30-day
period following receipt of documentation, the division, prior
to the expiration of the 30-day period, shall issue to the
party that submitted the documentation a written notice
explaining the reasons for the delay, and shall issue the
recommendations no later than 45 days following the original
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SB88 INTRODUCED
Page 5
recommendations no later than 45 days following the original
receipt of documentation pursuant to subparagraph 1.
3. Recommendations issued by the division pursuant to
this paragraph shall be maintained by the division as public
writings for purposes of Article 3 of Chapter 12 of Title 36.
c.b. The Division of Construction Management, in
consultation with the State Department of Education, shall
develop and distribute forms relating to projects subject to
this subdivision for use by local boards of education. The
division shall ensure that the use of these forms alone does
not require use of Division of Construction Management
services for projects subject to this subdivision , except for
the issuance of recommendations pursuant to paragraph b .
d. For purposes of this subdivision, "fire safety and
life safety compliance" means compliance with those provisions
of the uniform minimum building standards code adopted by the
Division of Construction Management pursuant to law that
relate to risk of electrical or fire hazards, risk of injury,
or illness.
(2) Any repair or maintenance project with an estimated
cost certified by a licensed architect or licensed engineer to
be no more than seven hundred fifty thousand dollars
($750,000); any repair or maintenance of heating, ventilation,
and air conditioning systems; and any roofing repair or
maintenance shall not be subject to approval by the governing
board of an educational institution or state educational
institution.
(c) All powers, authority, and jurisdiction of the
Division of Construction Management or the former Building
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SB88 INTRODUCED
Page 6
Division of Construction Management or the former Building
Commission relating to any educational institution or state
educational institution, including, but not limited to, those
authorities currently established in Sections 16-1-2.2,
16-16-10(o)(2) and (p), 39-2-2(f)(1), 41-9-243, and
41-16-72(3)a. through f., which were previously transferred to
the Division of Construction Management within the Department
of Finance, are transferred to the governing board of that
institution ;. provided, that the The Division of Construction
Management shall retain its authority to adopt uniform minimum
building standards code for the construction and renovation of
facilities at any educational institution or state educational
institution."
Section 2. This act shall become effective on October
1, 2026.
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