Bill Text: CA SB1157 | 2013-2014 | Regular Session | Amended
Bill Title: School facilities: Kindergarten-University Public
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1157 Detail]
Download: California-2013-SB1157-Amended.html
BILL NUMBER: SB 1157 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Hancock
FEBRUARY 20, 2014
An act to amend Section 101012 of the Education Code, relating to
school facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1157, as amended, Hancock. School facilities:
Kindergarten-University Public Education Facilities Bond Act of 2006.
Existing law, known as the Kindergarten-University Public
Education Facilities Bond Act of 2006, which was approved by the
voters at the November 7, 2006, statewide general election, among
other things, authorized the issuance of $7,329,000,000 in bonds, the
proceeds of which are to be allocated, in accordance with a
schedule, for the construction and modernization of school
facilities. Existing law authorizes the Legislature to adjust,
under certain conditions, the funding amounts for the school
facilities projects authorized pursuant to those provisions.
This bill would prohibit the funds identified for the repair or
replacement of seismically vulnerable school facilities under the act
from being transferred from the Seismic Repair Subaccount of the New
Construction Account for use for any purpose other than seismic
repair, reconstruction, or replacement.
The bill would require, in the event that the Budget Act of 2014
includes a transfer of the unencumbered funds remaining in the High
Performance Schools Account to the New Construction Account or to the
Modernization Account, the transferred funds to be used only for new
construction or modernization projects that promote the use of
designs and materials in new construction and modernization projects
that include the attributes of high-performance schools, as
specified. The bill would specify that the amounts to be
expended for certain school facilities projects may not be adjusted
until the projects eligible for the remaining unencumbered funds as
of January 1, 2015, have had an opportunity to participate in the
priority funding process established by the
State Allocation Board.
The bill would declare that it is consistent with, and furthers
the purposes of, the act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101012 of the Education Code is amended to
read:
101012. (a) The proceeds from the sale of bonds, issued and sold
for the purposes of this chapter, shall be allocated in accordance
with the following schedule:
(1) (A) The amount of one billion nine hundred million dollars
($1,900,000,000) for new construction of school facilities of
applicant school districts under Chapter 12.5 (commencing with
Section 17070.10) of Part 10 of Division 1 of Title 1.
(B) Of the amount allocated under this paragraph, up to 10.5
percent shall be available for purposes of seismic repair,
reconstruction, or replacement, pursuant to Section 17075.10. To meet
the state's legal and moral obligation to protect the health and
safety of students and staff, funds identified for the repair or
replacement of seismically vulnerable school facilities under this
subparagraph shall not be transferred from the Seismic Repair
Subaccount of the New Construction Account for use for any purpose
other than seismic repair, reconstruction, or replacement pursuant to
Section 17075.10.
(2) The amount of five hundred million dollars ($500,000,000)
shall be available for providing school facilities to charter schools
pursuant to Article 12 (commencing with Section 17078.52) of Chapter
12.5 of Part 10 of Division 1 of Title 1.
(3) The amount of three billion three hundred million dollars
($3,300,000,000) for the modernization of school facilities pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of
Division 1 of Title 1.
(4) The amount of five hundred million dollars ($500,000,000) for
the purposes set forth in Article 13 (commencing with Section
17078.70) of Chapter 12.5 of Part 10 of Division 1 of Title 1,
relating to facilities for career technical education programs.
(5) Of the amounts allocated under paragraphs (1) and (3), up to
two hundred million dollars ($200,000,000) for the purposes set forth
in Chapter 894 of the Statutes of 2004, relating to incentives for
the creation of smaller learning communities and small high schools.
(6) The amount of twenty-nine million dollars ($29,000,000) for
the purposes set forth in Article 10.6 (commencing with Section
17077.40) of Chapter 12.5 of Part 10 of Division 1 of Title 1,
relating to joint use projects.
(7) The amount of one billion dollars ($1,000,000,000) shall be
available for providing new construction funding to severely
overcrowded schoolsites pursuant to Article 14 (commencing with
Section 17079) of Chapter 12.5 of Part 10 of Division 1 of Title 1.
(8) (A) The amount of one hundred million dollars ($100,000,000)
for incentive grants to promote the use of designs and materials in
new construction and modernization projects that include the
attributes of high-performance schools, including, but not
necessarily limited to, the elements set forth in Section 17070.96,
pursuant to regulations adopted by the State Allocation Board.
(B) In the event that the Budget Act of 2014 includes a transfer
of the unencumbered funds remaining in the High Performance Schools
Account created pursuant to subparagraph (A) to the New Construction
Account created pursuant to paragraph (1) or to the Modernization
Account created pursuant to paragraph (3), the transferred funds
shall be used only for new construction or modernization projects
meeting the purposes set forth in subparagraph (A).
(b) School districts may use funds allocated pursuant to paragraph
(3) of subdivision (a) only for one or more of the following
purposes in accordance with Chapter 12.5 (commencing with Section
17070.10) of Part 10 of Division 1 of Title 1:
(1) The purchase and installation of air-conditioning equipment
and insulation materials, and related costs.
(2) Construction projects or the purchase of furniture or
equipment designed to increase school security or playground safety.
(3) The identification, assessment, or abatement in school
facilities of hazardous asbestos.
(4) Project funding for high-priority roof replacement projects.
(5) Any other modernization of facilities pursuant to Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of Title
1.
(c) Funds allocated pursuant to paragraph (1) of subdivision (a)
may also be utilized to provide new construction grants for eligible
applicant county boards of education under Chapter 12.5 (commencing
with Section 17070.10) of Part 10 of Division 1 of Title 1 for
funding classrooms for severely handicapped pupils, or for funding
classrooms for county community school pupils.
(d) (1) The Legislature may amend this section to adjust the
funding amounts specified in paragraphs (1) to (8), inclusive, of
subdivision (a), only by either of the following methods:
(A) By a statute, passed in each house of the Legislature by
rollcall vote entered in the respective journals, by not less than
two-thirds of the membership in each house concurring, if the statute
is consistent with, and furthers the purposes of, this chapter.
(B) By a statute that becomes effective only when approved by the
voters.
(2) Amendments pursuant to this subdivision may adjust the amounts
to be expended pursuant to paragraphs (1) to (8), inclusive, of
subdivision (a), but may not increase or decrease the total amount to
be expended pursuant to that subdivision.
(3) Notwithstanding paragraph (2), the amounts to be expended
pursuant to paragraphs (2), (4), and (7) of subdivision (a) shall not
be adjusted until the projects eligible for the remaining
unencumbered funds as of January 1, 2015, have had an opportunity to
participate in the priority funding process established by the board.
(e) Funds available pursuant to this section may be used for
acquisition of school facilities authorized pursuant to Section
17280.5.
SEC. 2. The Legislature finds and declares that the amendments to
Section 101012 of the Education Code made by Section 1 of this act
are consistent with, and further the purposes of, the
Kindergarten-University Public Education Facilities Bond Act of 2006.
