Bill Text: CA SB1193 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School facilities funding: high performance schools.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2010-08-31 - Placed on inactive file on request of Assembly Member Charles Calderon. [SB1193 Detail]

Download: California-2009-SB1193-Amended.html

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BILL NUMBER: SB 1193	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2010
	AMENDED IN SENATE  MAY 5, 2010
	AMENDED IN SENATE  APRIL 20, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senators Lowenthal and Pavley

                        FEBRUARY 18, 2010

   An act to add Section 17074.31 to the Education Code, relating to
school facilities, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1193, as amended, Lowenthal. School facilities funding: high
performance schools.
   Existing law, the Leroy F. Greene School Facilities Act of 1998
(the Greene Act), requires the State Allocation Board to allocate to
applicant school districts prescribed per-unhoused-pupil state
funding for construction and modernization of school facilities,
including hardship funding and supplemental funding for site
development and acquisition and requires the board to adopt rules and
regulations for the administration of the Greene Act. The
Kindergarten-University Public Education Facilities Bond Act of 2006
sets aside $100,000,000 of the proceeds of the bonds sold under that
act for incentive grants under the Greene Act to promote the use of
design and materials in new construction and modernization projects
that include the attributes of high-performance schools.
   Existing law authorizes a grant for new construction to be used
for the costs of design and materials that promote the efficient use
of energy and water, the maximum use of natural lighting and indoor
air quality, the use of recycled materials and materials that emit a
minimum of toxic substances, the use of acoustics conducive to
teaching and learning, and other characteristics of high performance
schools. A school district is required to certify, as part of its
application for funding under the Greene Act, that it has considered
the feasibility of using these characteristics of high performance
schools.
   This bill would increase the amount of a modernization grant by
$250,000 per schoolsite if a school district incorporates the use of
high performance design and materials, and if the project is able to
achieve one of 3 specified objectives. This increase would be
provided from the $100,000,000 set aside for this purpose in the 2006
bond act. The bill would require the State Allocation Board to
adopt, and the Office of Administrative Law to process, emergency
regulations to implement the increases.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   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.  Section 17074.31 is added to the Education Code, to
read:
   17074.31.  (a) Notwithstanding Section 17074.10, if a school
district incorporates the use of the high performance design and
materials specified in Section 17070.96, the amount of the
modernization grant shall be increased by two hundred fifty thousand
dollars ($250,000) per schoolsite if the project is able to meet one
of the following objectives:
   (1) Score the requisite number of points to meet the high
performance criteria set forth in regulations, as determined by the
board and certified by the Division of the State Architect.
   (2) Achieve Collaborative for High Performance Schools "verified"
status in accordance with the California Edition of the Collaborative
for High Performance Schools criteria.
   (3) Achieve certification status in accordance with the Leadership
in Energy and Environmental Design for Schools.
   (b) In addition to the funding authorized pursuant to subdivision
(a), the board shall provide funding for modernization projects that
exceed the criteria specified in subdivision (a).
   (c) Within 14 calendar days of the operative date of this section,
the board shall adopt emergency regulations to administer this
section. The Office of Administrative Law shall process these
emergency regulations within 14 calendar days of their adoption.

   (d) Notwithstanding Section 17074.16, school districts shall not
be required to provide matching funds for any funds received pursuant
to this section.  
   (d) Pursuant to Section 17074.16, a school district shall be
required to provide matching funds for any funds received pursuant to
this section. 
   (e) Funds received by a school district pursuant to this section
do not constitute a modernization apportionment pursuant to this
article, and do not reduce modernization eligibility authorized by
Article 6 (commencing with Section 17073.10).
   (f) The energy efficiency and renewable energy savings realized
from a project pursuant to this section, as calculated annually over
the useful life of the project, shall be retained by the school
district. The state funding shall not be reduced based on realized
energy efficiency and renewable energy savings.
   (g) The increase in the amount of a modernization grant pursuant
to this section shall be provided from funds made available pursuant
to paragraph (8) of subdivision (a) of Section 101012.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to quickly provide funding from the
Kindergarten-University Public Education Facilities Bond Act of 2006
to school districts so that they may build energy efficient and
energy generation projects through a streamlined green schools
program that also will create critically needed jobs, provide energy
consumption savings to fiscally strapped school districts, and ensure
healthy learning environments for our children, it is necessary that
this act take effect immediately.