Bill Text: CA AB822 | 2011-2012 | Regular Session | Introduced

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Bill Title: Public postsecondary education facilities:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB822 Detail]

Download: California-2011-AB822-Introduced.html

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BILL NUMBER: AB 822	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block

                        FEBRUARY 17, 2011

   An act to add Part 70 (commencing with Section 101100) to Division
14 of Title 3 of the Education Code, relating to education
facilities, by providing the funds necessary therefor through an
election for the issuance and sale of bonds of the State of
California and for the handling and disposition of those funds.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 822, as introduced, Block. Public postsecondary education
facilities: Kindergarten-University Public Education Facilities Bond
Act of 2012.
   Existing law, the California Constitution, prohibits the
Legislature from creating a debt or liability that singly or in the
aggregate with any previous debts or liabilities exceeds the sum of
$300,000, except by an act that (1) authorizes the debt for a single
object or work specified in the act, (2) has been passed by a 2/3
vote of all the members elected to each house of the Legislature, (3)
has been submitted to the people at a statewide general or primary
election, and (4) has received a majority of all the votes cast for
and against it at that election.
   Existing law, the Kindergarten-University Public Education
Facilities Bond Act of 2006, authorizes $10,416,000,000 of state
general obligation bonds to provide aid to school districts, county
superintendents of schools, county boards of education, the
California Community Colleges, the University of California, the
Hastings College of the Law, and the California State University to
construct and modernize education facilities.
   This bill would enact the Kindergarten-University Public Education
Facilities Bond Act of 2012 to authorize an unspecified sum of state
general obligation bonds to provide aid to the California Community
Colleges, the University of California, the Hastings College of the
Law, and the California State University to construct and modernize
education facilities.
   The bond act would become operative only if approved by the voters
at the November 6, 2012, statewide general election, and would
provide for its submission to the voters at that election.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature that this act enact
the Kindergarten-University Public Education Facilities Bond Act of
2012 to authorize the amount of ____ dollars ($____) of state general
obligation bonds to provide aid to the California Community
Colleges, the California State University, the University of
California, and the Hastings College of the Law.
  SEC. 2.  Part 70 (commencing with Section 101100) is added to
Division 14 of Title 3 of the Education Code, to read:

      PART 70.  KINDERGARTEN-UNIVERSITY PUBLIC EDUCATION FACILITIES
BOND ACT OF 2012


      CHAPTER 1.  GENERAL


   101100.  This part shall be known, and may be cited, as the
Kindergarten-University Public Education Facilities Bond Act of 2012.

   101101.  The incorporation of, or reference to, any provision of
California statutory law in this part includes all acts amendatory
thereof and supplementary thereto.
   101102.  (a) Bonds in the total amount of ____ dollars ($____),
not including the amount of any refunding bonds issued in accordance
with Sections 101134, 101139, and 101159, or so much thereof as is
necessary, may be issued and sold to provide a fund to be used for
carrying out the purposes expressed in this part and to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. The bonds, when sold, shall be and
constitute a valid and binding obligation of the State of California,
and the full faith and credit of the State of California is hereby
pledged for the punctual payment of the principal of, and interest
on, the bonds as the principal and interest become due and payable.
   (b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the State School Building Finance Committee established
by Section 15909 or the Higher Education Facilities Finance
Committee established pursuant to Section 67353, as the case may be,
at any different times necessary to service expenditures required by
the apportionments.
      CHAPTER 2.  CALIFORNIA COMMUNITY COLLEGE FACILITIES



      Article 1.  General


   101132.  (a) The 2012 California Community College Capital Outlay
Bond Fund is hereby established in the State Treasury for deposit of
funds from the proceeds of bonds issued and sold for the purposes of
this chapter.
   (b) The Higher Education Facilities Finance Committee established
pursuant to Section 67353 is hereby authorized to create a debt or
debts, liability or liabilities, of the State of California pursuant
to this chapter for the purpose of providing funds to aid the
California Community Colleges.

      Article 2.  California Community College Program Provisions


   101133.  From the proceeds of bonds issued and sold pursuant to
Article 3 (commencing with Section 101134), the sum of ____ dollars
($____) shall be deposited in the 2012 California Community College
Capital Outlay Bond Fund for the purposes of this article. When
appropriated, these funds shall be available for expenditure for the
purposes of this article.
   101133.5.  (a) Proceeds from the sale of bonds issued and sold for
the purposes of this article may be used for the following purposes
of the California Community Colleges:
   (1) To fund construction on existing campuses, including the
construction of buildings and the acquisition of related fixtures.
   (2) Construction of facilities that may be used by more than one
segment of public higher education.
   (3) Renovation and reconstruction of facilities.
   (4) Site acquisition.
   (5) Equipping of new, renovated, or reconstructed facilities,
which equipment shall have an average useful life of 10 years.
   (6) To provide funds for the payment of preconstruction costs,
including, but not limited to, preliminary plans and working drawings
for facilities.
   (b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the California Community Colleges.

      Article 3.  California Community College Fiscal Provisions


   101134.  (a) Of the total amount of bonds authorized to be issued
and sold pursuant to Chapter 1 (commencing with Section 101100),
bonds in the total amount of ____ dollars ($____), not including the
amount of any refunding bonds issued in accordance with Section
101139, or so much thereof as is necessary, may be issued and sold to
provide a fund to be used for carrying out the purposes expressed in
this chapter and to reimburse the General Obligation Bond Expense
Revolving Fund pursuant to Section 16724.5 of the Government Code.
The bonds, when sold, shall be and will constitute a valid and
binding obligation of the State of California, and the full faith and
credit of the State of California is hereby pledged for the punctual
payment of the principal of, and interest on, the bonds as the
principal and interest become due and payable.
   (b) It is the intent of the Legislature that the California
Community Colleges annually consider, as part of their annual capital
outlay planning process, the inclusion of facilities that may be
used by more than one segment of public higher education, and, that
on or before May 15 of each year, those entities report their
findings to the budget committees of each house of the Legislature.
   (c) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the Higher Education Facilities Finance Committee
established pursuant to Section 67353 at any different times
necessary to service expenditures required by the apportionments.
   101134.5.  (a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided in
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), and all of the provisions of that law, except Section 16727 of
the Government Code to the extent that it conflicts with this part,
apply to the bonds and to this chapter and are hereby incorporated
into this chapter as though set forth in full within this chapter.
   (b) For the purposes of the State General Obligation Bond Law,
each state agency administering an appropriation of the 2012
California Community College Capital Outlay Bond Fund is designated
as the "board" for projects funded pursuant to this chapter.
   (c) The proceeds of the bonds issued and sold pursuant to this
chapter shall be available for the purpose of funding aid to the
California Community Colleges for construction on existing or new
campuses, and their respective off-campus centers and joint use and
intersegmental facilities, as set forth in this chapter.
   101135.  The Higher Education Facilities Finance Committee
established pursuant to Section 67353 shall authorize the issuance of
bonds under this chapter only to the extent necessary to fund the
apportionments for the purposes described in this chapter that are
expressly authorized by the Legislature in the annual Budget Act.
Pursuant to that legislative direction, the committee shall determine
whether or not it is necessary or desirable to issue bonds
authorized pursuant to this chapter in order to carry out the
purposes described in this chapter and, if so, the amount of bonds to
be issued and sold. Successive issues of bonds may be authorized and
sold to carry out those actions progressively, and it is not
necessary that all of the bonds authorized to be issued be sold at
any one time.
   101135.5.  There shall be collected each year and in the same
manner and at the same time as other state revenue is collected, in
addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds each
year. It is the duty of all officers charged by law with any duty in
regard to the collection of the revenue to do and perform each and
every act which is necessary to collect that additional sum.
   101136.  Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this chapter, an amount that will equal
the total of the following:
   (a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.
   (b) The sum necessary to carry out Section 101137.5, appropriated
without regard to fiscal years.
   101136.5.  The board may request the Pooled Money Investment Board
to make a loan from the Pooled Money Investment Account or any other
approved form of interim financing, in accordance with Section 16312
of the Government Code, for the purpose of carrying out this
chapter. The amount of the request shall not exceed the amount of the
unsold bonds that the committee, by resolution, has authorized to be
sold for the purpose of carrying out this chapter. The board shall
execute any documents required by the Pooled Money Investment Board
to obtain and repay the loan. Any amounts loaned shall be deposited
in the fund to be allocated by the board in accordance with this
chapter.
   101137.  Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells
bonds pursuant to this chapter that include a bond counsel opinion to
the effect that the interest on the bonds is excluded from gross
income for federal tax purposes, subject to designated conditions,
the Treasurer may maintain separate accounts for the investment of
bond proceeds and for the investment earnings on those proceeds. The
Treasurer may use or direct the use of those proceeds or earnings to
pay any rebate, penalty, or other payment required under federal law
or take any other action with respect to the investment and use of
those bond proceeds required or desirable under federal law to
maintain the tax-exempt status of those bonds and to obtain any other
advantage under federal law on behalf of the funds of this state.
   101137.5.  (a) For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General
Fund of an amount not to exceed the amount of the unsold bonds that
have been authorized by the Higher Education Facilities Finance
Committee to be sold for the purpose of carrying out this chapter.
Any amounts withdrawn shall be deposited in the 2012 California
Community College Capital Outlay Bond Fund consistent with this
chapter. Any money made available under this section shall be
returned to the General Fund, plus an amount equal to the interest
that the money would have earned in the Pooled Money Investment
Account, from proceeds received from the sale of bonds for the
purpose of carrying out this chapter.
   (b) Any request forwarded to the Legislature and the Department of
Finance for funds from this bond issue for expenditure for the
purposes described in this chapter by the California Community
Colleges shall be accompanied by the five-year capital outlay plan
that reflects the needs and priorities of the community college
system and is prioritized on a statewide basis. Requests shall
include a schedule that prioritizes the seismic retrofitting needed
to significantly reduce, in the judgment of the particular college,
seismic hazards in buildings identified as high priority by the
college.
   101138.  All money deposited in the 2012 California Community
College Capital Outlay Bond Fund that is derived from premium and
accrued interest on bonds sold shall be reserved in the fund and
shall be available for transfer to the General Fund as a credit to
expenditures for bond interest.
   101139.  The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State
General Obligation Bond Law. Approval by the voters of the state for
the issuance of the bonds described in this chapter includes the
approval of the issuance of any bonds issued to refund any bonds
originally issued under this chapter or any previously issued
refunding bonds.
   101139.5.  The Legislature hereby finds and declares that,
inasmuch as the proceeds from the sale of bonds authorized by this
chapter are not "proceeds of taxes" as that term is used in Article
XIII B of the California Constitution, the disbursement of these
proceeds is not subject to the limitations imposed by that article.
      CHAPTER 3.  UNIVERSITY FACILITIES



      Article 1.  General


   101140.  (a) The system of public universities in this state
includes the University of California, the Hastings College of the
Law, and the California State University, and their respective
off-campus centers.
   (b) The 2012 University Capital Outlay Bond Fund is hereby
established in the State Treasury for deposit of funds from the
proceeds of bonds issued and sold for the purposes of this chapter.
   (c) The Higher Education Facilities Finance Committee, established
pursuant to Section 67353, is hereby authorized to create a debt or
debts, liability or liabilities, of the State of California pursuant
to this chapter for the purpose of providing funds to aid the
University of California, the Hastings College of the Law, and the
California State University.

      Article 2.  Program Provisions Applicable to the University of
California and the Hastings College of the Law


   101141.  From the proceeds of bonds issued and sold pursuant to
Article 4 (commencing with Section 101150), the sum of ____ dollars
($____) shall be deposited in the 2012 University Capital Outlay Bond
Fund for the purposes of this article. When appropriated, these
funds shall be available for expenditure for the purposes of this
article.
   101141.5.  (a) Proceeds from the sale of bonds issued and sold for
the purposes of this article may be used for the following purposes
of the University of California and the Hastings College of Law:
   (1) To fund construction on existing campuses, including the
construction of buildings and the acquisition of related fixtures.
   (2) Construction of facilities that may be used by more than one
segment of public higher education.
   (3) Renovation and reconstruction of facilities.
   (4) Site acquisition.
   (5) Equipping of new, renovated, or reconstructed facilities,
which equipment shall have an average useful life of 10 years.
   (6) To provide funds for the payment of preconstruction costs,
including, but not limited to, preliminary plans and working drawings
for facilities.
   (b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the University of California and
the Hastings College of the Law.

      Article 3.  Program Provisions Applicable to the California
State University


   101142.  From the proceeds of bonds issued and sold pursuant to
Article 4 (commencing with Section 101150), the sum of ____ dollars
($____) shall be deposited in the 2012 University Capital Outlay Bond
Fund for the purposes of this article. When appropriated, these
funds shall be available for expenditure for the purposes of this
article.
   101142.5.  (a) Proceeds from the sale of bonds issued and sold for
the purposes of this article may be used for the following purposes
of the California State University:
   (1) To fund construction on existing campuses, including the
construction of buildings and the acquisition of related fixtures.
   (2) Construction of facilities that may be used by more than one
segment of public higher education.
   (3) Renovation and reconstruction of facilities.
   (4) Site acquisition.
   (5) Equipping of new, renovated, or reconstructed facilities,
which equipment shall have an average useful life of 10 years.
   (6) To provide funds for the payment of preconstruction costs,
including, but not limited to, preliminary plans and working drawings
for facilities.
   (b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the California State University.

      Article 4.  University Fiscal Provisions


   101150.  (a) Of the total amount of bonds authorized to be issued
and sold pursuant to Chapter 1 (commencing with Section 101100),
bonds in the amount of ____ dollars ($____), not including the amount
of any refunding bonds issued in accordance with Section 101159, or
so much thereof as is necessary, may be issued and sold to provide a
fund to be used for carrying out the purposes expressed in this
chapter and to reimburse the General Obligation Bond Expense
Revolving Fund pursuant to Section 16724.5 of the Government Code.
The bonds, when sold, shall be and constitute a valid and binding
obligation of the State of California, and the full faith and credit
of the State of California is hereby pledged for the punctual payment
of the principal of, and interest on, the bonds as the principal and
interest become due and payable.
   (b) It is the intent of the Legislature that the University of
California, the Hastings College of the Law, and the California State
University annually consider, as part of their annual capital outlay
planning process, the inclusion of facilities that may be used by
more than one segment of public higher education, and, that on or
before May 15 of each year, those entities report their findings to
the budget committees of each house of the Legislature.
   (c) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the Higher Education Facilities Finance Committee
established pursuant to Section 67353 at any different times
necessary to service expenditures required by the apportionments.
   101151.  (a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided in
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), and all of the provisions of that law, except Section 16727 of
the Government Code to the extent that it conflicts with this part,
apply to the bonds and to this chapter and are hereby incorporated
into this chapter as though set forth in full within this chapter.
   (b) For the purposes of the State General Obligation Bond Law,
each state agency administering an appropriation of the 2012
University Capital Outlay Bond Fund is designated as the "board" for
projects funded pursuant to this chapter.
   (c) The proceeds of the bonds issued and sold pursuant to this
chapter shall be available for the purpose of funding aid to the
University of California, the Hastings College of the Law, and the
California State University, for construction on existing or new
campuses, and their respective off-campus centers and joint use and
intersegmental facilities, as set forth in this chapter.
   101152.  The Higher Education Facilities Finance Committee
established pursuant to Section 67353 shall authorize the issuance of
bonds under this chapter only to the extent necessary to fund the
apportionments for the purposes described in this chapter that are
expressly authorized by the Legislature in the annual Budget Act.
Pursuant to that legislative direction, the committee shall determine
whether or not it is necessary or desirable to issue bonds
authorized pursuant to this chapter in order to carry out the
purposes described in this chapter and, if so, the amount of bonds to
be issued and sold. Successive issues of bonds may be authorized and
sold to carry out those actions progressively, and it is not
necessary that all of the bonds authorized to be issued be sold at
any one time.
   101153.  There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in
addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds each
year. It is the duty of all officers charged by law with any duty in
regard to the collection of the revenue to do and perform each and
every act which is necessary to collect that additional sum.
   101154.  Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this chapter, an amount that will equal
the total of the following:
   (a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.
   (b) The sum necessary to carry out Section 101157, appropriated
without regard to fiscal years.
   101155.  The board may request the Pooled Money Investment Board
to make a loan from the Pooled Money Investment Account or any other
approved form of interim financing, in accordance with Section 16312
of the Government Code, for the purpose of carrying out this chapter.
The amount of the request shall not exceed the amount of the unsold
bonds that the committee, by resolution, has authorized to be sold
for the purpose of carrying out this chapter. The board shall execute
any documents required by the Pooled Money Investment Board to
obtain and repay the loan. Any amounts loaned shall be deposited in
the fund to be allocated by the board in accordance with this
chapter.
   101156.  Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells
bonds pursuant to this chapter that include a bond counsel opinion to
the effect that the interest on the bonds is excluded from gross
income for federal tax purposes, subject to designated conditions,
the Treasurer may maintain separate accounts for the investment of
bond proceeds and for the investment earnings on those proceeds. The
Treasurer may use or direct the use of those proceeds or earnings to
pay any rebate, penalty, or other payment required under federal law
or take any other action with respect to the investment and use of
those bond proceeds required or desirable under federal law to
maintain the tax-exempt status of those bonds and to obtain any other
advantage under federal law on behalf of the funds of this state.
   101157.  (a) For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General
Fund of an amount not to exceed the amount of the unsold bonds that
have been authorized by the Higher Education Facilities Finance
Committee to be sold for the purpose of carrying out this chapter.
Any amounts withdrawn shall be deposited in the 2012 University
Capital Outlay Bond Fund consistent with this chapter. Any money made
available under this section shall be returned to the General Fund,
plus an amount equal to the interest that the money would have earned
in the Pooled Money Investment Account, from proceeds received from
the sale of bonds for the purpose of carrying out this chapter.
   (b) Any request forwarded to the Legislature and the Department of
Finance for funds from this bond issue for expenditure for the
purposes described in this chapter by the University of California,
the Hastings College of the Law, or the California State University
shall be accompanied by the five-year capital outlay plan. Requests
forwarded by a university or college shall include a schedule that
prioritizes the seismic retrofitting needed to significantly reduce,
in the judgment of the particular university or college, seismic
hazards in buildings identified as high priority by the university or
college.
   101158.  All money deposited in the 2012 University Capital Outlay
Bond Fund that is derived from premium and accrued interest on bonds
sold shall be reserved in the fund and shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.
   101159.  The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State
General Obligation Bond Law. Approval by the voters of the state for
the issuance of the bonds described in this chapter includes the
approval of the issuance of any bonds issued to refund any bonds
originally issued under this chapter or any previously issued
refunding bonds.
   101160.  The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are
not "proceeds of taxes" as that term is used in Article XIII B of
the California Constitution, the disbursement of these proceeds is
not subject to the limitations imposed by that article.
  SEC. 3.  Section 2 of this act shall be submitted to the voters at
the November 6, 2012, statewide general election, in accordance with
provisions of the Government Code and the Elections Code governing
the submission of a statewide measure to the voters.
  SEC. 4.  Section 2 of this act shall take effect only upon the
approval by the voters of the Kindergarten-University Public
Education Facilities Bond Act of 2012, as set forth in that section
at the November 6, 2012, statewide general election.