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SB88 INTRODUCED
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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
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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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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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(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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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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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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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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