Section 70326 Of Article 3. Agreements Transferring Responsibility For Court Facilities From California Government Code >> Title 8. >> Chapter 5.7. >> Article 3.
70326
. (a) Except as provided in this section, the agreement may
not require any payment from the county to the state for any
deficiencies in the court facilities being transferred caused by
deferred maintenance.
(b) A building and the court facilities in it shall be deemed
deficient if any of the following exist:
(1) A deficiency or deficiencies that constitute a significant
threat to life, safety, or health.
(2) A deficiency or deficiencies that include seismically
hazardous conditions with an unacceptable seismic safety rating.
(3) Deficiencies that in their totality are significant to the
functionality of the facility.
(c) Neither title to a deficient building nor responsibility for
the court facilities in that building shall transfer to the state or
the Judicial Council under this chapter, and Section 70312 does not
apply to the court facilities in a deficient building, unless
provision is made in the agreement for correction of the deficient
items.
(d) If one or more phases of a maintenance project are pending on
the court facilities prior to the date of the agreement under this
article, the agreement shall specify whether the county shall
complete those phases of the project, to the extent approved, or
shall transfer funds to the state to permit completion of those
phases of the project. As used in this section, a phase of a project
is to be deemed pending to the extent that the board of supervisors
has either approved the phase in whole or in part at a board of
supervisors meeting, and either allocated or appropriated money for
the phase in whole or in part, or executed a contract for the phase
in whole or in part.