HB419 Alabama 2022 Session

Summary

Primary Sponsor

Nathaniel LedbetterRepresentative

Republican

Session

Regular Session 2022

Title

Finance Dept., Division of Construction Management, inspections further provided for, reporting, recommendations provided, technical revisions, Secs. 16-1-2.4, 16-1-2.5, 41-4-400, 41-4-401 am'd.

Summary

HB419 updates how construction at educational facilities is overseen by shifting many powers to school governing boards, while adding inspection, reporting, and consistency requirements for the Division of Construction Management (CM).

What This Bill Does

It gives the governing boards of K-12 schools and certain public colleges broad authority over land acquisition, planning, contracting, and construction. It creates exemptions from CM approval for small projects (thresholds of up to $500,000, and up to $750,000 after design) and requires CM to review exempt projects for ADA and life-safety compliance and issue recommendations. It preserves CM’s role in setting uniform minimum building standards and in reviewing state bond expenditures, and it requires annual electronic reporting to legislative leaders about K-12 projects, including cost and any code-related changes; it also allows contracts between educational entities and CM and sets a limited exception for ongoing projects begun before the act’s effective date.

Who It Affects

• Governing boards of K-12 schools and four-year public higher education institutions with constitutionally created boards — gain authority to plan, approve, and manage construction and related contracts (subject to certain CM standards and oversight).
• Division of Construction Management (within the Department of Finance) — retains authority to adopt uniform minimum building standards and to provide ADA/life-safety reviews and recommendations for exempt projects; its oversight role for certain state facilities remains, with adjustments related to educational institutions.
• Educational institutions not covered by the change (e.g., members of the Alabama Community College System, trade schools, State Parks properties) — largely exempt from these specific amendments (as noted in the bill).

Key Provisions

• Sections 16-1-2.4 and 41-4-400: Educational governing boards acquire broad powers to plan, construct, repair, remodel, and relocate facilities; they may hire architects/engineers and enter contracts; CM retains authority to adopt uniform minimum building standards code for educational facilities.
• Small-project exemptions: For K-12 schools and qualifying higher-ed institutions, certain capital improvements and HVAC/roof repairs with estimated costs under $500,000 (and up to $750,000 after design) are not subject to CM approval; these projects still require CM review for ADA and life-safety compliance and to receive written recommendations.
• CM recommendations for exempt projects: CM must issue written ADA and fire/life-safety recommendations within 30 days (or 45 days with a delay notice); recommendations become public writings and are provided at no cost to the school or governing body.
• Forms and process: CM, in consultation with the State Department of Education, will develop standard forms for use by local boards; using these forms does not require CM services except for the recommendations.
• Contracting authority: Educational entities may contract with CM within the Department of Finance for any purpose (16-1-2.5).
• State facilities and budgeting: CM’s powers over state-owned facilities include reviewing/designing approvals and state bond expenditures; a transfer of certain authorities to institutional governing boards is provided, with CM retaining the duty to adopt the uniform building standards code.
• Reporting requirements: CM must electronically submit annual reports by Nov. 30 to legislative leaders detailing K-12 project information, costs, cost increases due to changes, and any code violations discovered, along with timelines for document reviews.
• Limited exceptions and effective date: The amendments do not apply to projects with work begun prior to the effective date; some sections are not applicable to certain institutions or properties; the act becomes effective as specified in the bill.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Construction