Bill Text: CA AB1042 | 2009-2010 | Regular Session | Amended
Bill Title: Local government: school siting and improvement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1042 Detail]
Download: California-2009-AB1042-Amended.html
BILL NUMBER: AB 1042 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Carter
FEBRUARY 27, 2009
An act to amend Sections 53097 and 65352.2 of the Government
Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1042, as amended, Carter. Local ordinances.
government: school siting and improvement .
(1) Existing law requires the governing board of a school district
to comply with any city or county ordinance regulating drainage
improvements and conditions, regulating road improvements or
conditions, or requiring the review and approval of grading plans as
these ordinance provisions relate to the design and construction of
onsite improvements which affect drainage, road conditions, or
grading.
This bill would instead require the governing board of a school
district to comply with any city or county ordinance regulating
drainage improvements and conditions, regulating road improvements or
conditions, requiring the review or approval of grading plans, or
requiring sidewalk improvements as these ordinance provisions relate
to the design and construction of onsite improvements which affect
drainage, road conditions, grading, or pedestrian access.
(2) Existing law authorizes the governing board of an elementary,
high school, or unified school district, following notification by a
local planning agency of a proposed action to adopt or substantially
amend a general plan, to request a meeting with the planning agency
to discuss possible methods of coordinating planning, design, and
construction of new school facilities and schoolsites in coordination
with the existing or planned infrastructure, general plan, and
zoning designations of the city and county, as specified. Existing
law requires the planning agency to meet with the school district
within 15 days following the notification if a meeting is requested
by the school district.
The bill would instead require the governing board of an
elementary, high school, or unified school district, following
notification by a local planning agency of a proposed action to adopt
or substantially amend its general plan, to request a meeting with
the planning agency to discuss possible methods of coordinating
planning, design, and construction of new school facilities and
schoolsites in coordination with the existing or planned
infrastructure, general plan, and zoning designations of the city and
county, as specified. The bill would require the planning agency to
meet with the school district within 15 days following the
notification by the planning agency without regard to whether a
meeting was requested by the school district. By adding to the duties
of school district and local planning agency officials, this bill
would impose a state-mandated local program.
(3) Existing law requires the governing board of a school
district, at least 45 days prior to completion of a school facility
needs analysis, a master plan, or other long-range plan that relates
to the potential expansion of existing schoolsites or the necessity
to acquire additional schoolsites, to notify the planning commission
or agency of the city or county with land use jurisdiction within the
school district and to provide copies of any relevant and available
information, master plan, or other long-range plan that relates to
the potential expansion of school schoolsites or the necessity to
acquire additional schoolsites. Existing law authorizes the affected
city or county to request a meeting, as specified, with the school
district, and requires the school district to meet with the city or
county within 15 days following the notification by the school
district if a meeting is requested.
The bill would instead require the affected city, county, or city
and county to request a meeting with the school district, as
specified, following the notification by the school district. The
bill would require the school district to meet with the city, county,
or city and county within 15 days following the notification by the
school district without regard to whether a meeting was requested by
the city, county, or city and county. By adding to the duties of
school district and city, county, or city and county officials, this
bill would impose a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law authorizes cities and counties to make and enforce
within their limits all local police, sanitary, and other ordinances
not in conflict with general laws.
This bill would declare the intent of the Legislature to enact
legislation that would require school districts to comply with city
and county ordinances relating to drainage and road improvements and
conditions when constructing new school facilities.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53097 of the
Government Code is amended to read:
53097. Notwithstanding any other provisions of this article, the
governing board of a school district shall comply with any city or
county ordinance (1) regulating drainage improvements and conditions,
(2) regulating road improvements and conditions, or
(3) requiring the review and approval of grading plans
, or (4) requiring sidewalk improvements as these ordinance
provisions relate to the design and construction of onsite
improvements which affect drainage, road conditions, or
grading, or pedestrian access, and shall give
consideration to the specific requirements and conditions of city or
county ordinances relating to the design and construction of offsite
improvements. If a school district elects not to comply with the
requirements of city or county ordinances relating to the design and
construction of offsite improvements, including, but not limited
to, drainage, road, and sidewalk improvements, the city or
county shall not be liable for any injuries or for
any damage to property caused by the failure of
the school district to comply with those ordinances.
SEC. 2. Section 65352.2 of the
Government Code is amended to read:
65352.2. (a) It is the intent of the Legislature in enacting this
section to foster improved communication and coordination between
cities, counties, and school districts related to planning for school
siting.
(b) Following notification by a local planning agency pursuant to
paragraph (2) of subdivision (a) of Section 65352, the governing
board of any an elementary, high
school, or unified school district, in addition to any
comments submitted, may shall
request a meeting with the planning agency to discuss possible
methods of coordinating planning, design, and construction of new
school facilities and schoolsites in coordination with the existing
or planned infrastructure, general plan, and zoning designations of
the city and county in accordance with subdivision (d). If a
meeting is requested, the The planning agency
shall meet with the school district within 15 days following
notification.
(c) At least 45 days prior to completion of a school facility
needs analysis pursuant to Section 65995.6, a master plan pursuant to
Sections 16011 and 16322 of the Education Code, or other long-range
plan, that relates to the potential expansion of existing schoolsites
or the necessity to acquire additional schoolsites, the governing
board of any a school district shall
notify and provide copies of any the
relevant and available information, master plan, or other long-range
plan, including, if available, any the
proposed school facility needs analysis, that relates to the
potential expansion of existing schoolsites or the necessity to
acquire additional schoolsites, to the planning commission or agency
of the city or , county , or city
and county with land use jurisdiction within the school
district. Following notification, or at any other time, the affected
city or , county may
, or city and county shall request a meeting in
accordance with subdivision (d). If a meeting is requested,
the The school district shall meet with the city
or , county , or city and county
within 15 days following notification. After providing the
information specified in this section within the 45-day time period
specified in this subdivision, the governing board of the affected
school district may complete the affected school facility needs
analysis, master plan, or other long-range plan without further
delay.
(d) At any a meeting requested
pursuant to subdivision (b) or (c) the parties may review and
consider, but are not limited to, the following issues:
(1) Methods of coordinating planning, design, and construction of
new school facilities and schoolsites in coordination with the
existing or planned infrastructure, general plan, and zoning
designations of the city and county.
(2) Options for the siting of new schools and whether or not the
local city or counties existing land use element appropriately
reflects the demand for public school facilities, and ensures that
new planned development reserves location for public schools in the
most appropriate locations.
(3) Methods of maximizing the safety of persons traveling to and
from schoolsites.
(4) Opportunities to coordinate the potential siting of new
schools in coordination with existing or proposed community
revitalization efforts by the city or county.
(5) Opportunities for financial assistance which the local
government may make available to assist the school district with site
acquisition, planning, or preparation costs.
(6) Review all the possible methods
of coordinating planning, design, and construction of new school
facilities and schoolsites or major additions to existing school
facilities and , recreation and park
facilities , and programs in the community.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. It is the intent of the Legislature
to enact legislation that would require school districts to comply
with city and county ordinances relating to drainage and road
improvements and conditions when constructing new school facilities.
