BILL NUMBER: SB 1193 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 23, 2010
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
(Coauthor: Assembly Member Torlakson)
FEBRUARY 18, 2010
An act to amend Section 17078.72 of, and to add Section
17074.31 to, the Education Code, relating to school facilities, and
declaring the An act to add Sections 17072.19 and
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
(2006 bond act) 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 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 and the amount of a new construction grant by
$150,000 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 2 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 these provisions. The bill would
make a Career Technical Education Facilities Program project eligible
for these grant increases, provided the project meets the criteria
prescribed by these provisions.
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 17072.19 is added to the
Education Code , to read:
17072.19. (a) In addition to the amount provided in Section
17072.10, if a school district incorporates the use of high
performance design and materials specified in Section 17070.96, the
amount of a new construction grant shall be increased by one hundred
fifty thousand dollars ($150,000) 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 a minimum certification or rating label from a
nationally recognized, third-party verified standard, accepted by the
board, for construction, renovation, or retrofit of high performance
schools. The Division of the State Architect shall confirm that the
project has met the minimum certification or rating level by a
third-party verified standard.
(b) In addition to the funding authorized pursuant to subdivision
(a), the board shall provide funding for new construction projects
that exceed the criteria specified in subdivision (a), based on a
high performance rating scale set forth in regulations.
(c) The board shall adopt emergency regulations to administer this
section at the next regularly scheduled board meeting following the
effective date of this section. If the effective date of this section
is within fewer than 10 days of the next regularly scheduled board
meeting, the board shall adopt the emergency regulations at the
following meeting. The Office of Administrative Law shall process
these emergency regulations within 14 calendar days of their
adoption.
(d) Pursuant to Section 17072.32, a school district shall be
required to provide matching funds for any funds received pursuant to
this section, except for projects conducted and funded pursuant to
Section 17075.10.
(e) 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.
(f) The increase in the amount of a new construction grant
pursuant to this section shall be provided from funds made available
pursuant to paragraph (8) of subdivision (a) of Section 101012.
SECTION 1. SEC. 2. 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 , and the amount of a new
construction grant shall be increased by one hundred fifty thousand
dollars ($150,000) 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, with confirmation by the
Division of the State Architect.
(2) Achieve a minimum certification or rating label from a
nationally recognized, third-party verified standard, accepted by the
board, for construction, renovation, or retrofit of high performance
schools. The Division of the State Architect shall confirm that the
project has met the minimum certification or rating level by a
third-party verified standard.
(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), based on a high
performance rating scale set forth in regulations.
(c) The board shall adopt emergency regulations to administer this
section at the next regularly scheduled board meeting following the
effective date of this section. If the effective date of this section
is within fewer than 10 days of the next regularly scheduled board
meeting, the board shall adopt the emergency regulations at the
following meeting. The Office of Administrative Law shall process
these emergency regulations within 14 calendar days of their
adoption.
(d) Pursuant to Section 17074.16, a school district shall be
required to provide matching funds for any funds received pursuant to
this section, except for projects funded pursuant to Section
17075.10.
(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. Section 17078.72 of the Education Code
is amended to read:
17078.72. (a) The Career Technical Education Facilities Program
is hereby established to provide funding to qualifying local
educational agencies for the purpose of constructing new facilities
or reconfiguring existing facilities, including, but not limited to,
purchasing equipment with an average useful life expectancy of at
least 10 years, to enhance educational opportunities for pupils in
existing high schools in order to provide them with the skills and
knowledge necessary for the high-demand technical careers of today
and tomorrow.
(b) The State Department of Education, in cooperation with the
Chancellor's Office of the Community Colleges, the Labor and
Workforce Development Agency, and industry groups, shall develop
criteria and pupil outcome measures to evaluate the program. The
criteria shall ensure equity, program relevance to industry needs,
and articulation with more advanced coursework at the partnering
community colleges or private institutions.
(c) The program shall be based on grant applications administered
by the board.
(d) Grants shall be allocated on a per-square-foot basis for the
applicable type of construction proposed or deemed necessary by the
board consistent with the approved application for the project.
(e) New construction grants shall not exceed three million dollars
($3,000,000) per project per schoolsite, inclusive of equipment, and
shall only be allocated to comprehensive high schools that have an
active Career Technical Advisory Committee pursuant to Section 8070,
in either of the following methods:
(1) For a stand-alone project on a per-square-foot basis for the
applicable type of construction proposed, based on the criteria
established pursuant to subdivision (b), consistent with the approved
application for the project.
(2) For new school projects, as a supplement to the per pupil
allocation pursuant to Section 17072.10. The supplement is intended
to cover excess costs uniquely related to the facilities required to
provide the career technical education program or programs.
(f) Modernization grants shall not exceed one million five hundred
thousand dollars ($1,500,000) per project per schoolsite, inclusive
of equipment and may be awarded to comprehensive high schools or
joint power authorities currently operating career technical
education programs that have an active Career Technical Advisory
Committee pursuant to Section 8070 for the purpose of
reconfiguration. For comprehensive high schools, the grant shall be
supplemental to the per pupil allocation pursuant to Section
17074.10. The supplement is intended to cover excess costs uniquely
related to the facilities required to provide the career technical
education program or programs.
(g) (1) A school district shall contribute from local resources a
dollar amount that is equal to the amount of the grant of state funds
awarded under subdivisions (d), (e), and (f). The local contribution
may be provided by private industry groups, the school district, or
a joint powers authority.
(2) A school district shall not be required to demonstrate that it
has unhoused pupils or that a permanent school building is more than
25 years old in order to receive a grant under the program.
(h) The program shall allow the local contribution to be paid over
time should sufficient local funds not be immediately available. The
board may provide for a repayment schedule consistent with
subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of
Section 17078.57. The board shall not waive the local contribution on
the basis of financial hardship or on any other basis.
(i) Applications shall meet the criteria developed under
subdivision (b) and shall require all of the following:
(1) A clear and comprehensive Career Technical Education plan for
each course of study applicable to the instructional space.
(2) Projections of pupil enrollment.
(3) Identification of feeder schools, industry partners, and
community colleges or other postsecondary schools participating in
the development, articulation, and review of the educational program.
(4) Evidence of approval of the plan by the entities listed in
paragraph (3).
(5) The method by which accountability for pupil enrollments and
outcomes will be maintained. Outcomes shall include, but are not
limited to, certificate completion, the successful entry of pupil to
employment in the applicable industry, and successful transition to
post-secondary institutions for work in the applicable industry or
other areas of study.
(6) Evidence of coordination with all feeder schools, middle
schools, and high schools within the area to ensure that the project
and programs complement career technical education offerings in the
area.
(7) Evidence that upon completion of the project the local
educational agency will meet all of its obligations under Section
51228 relating to career technical education.
(j) Applications shall give weight to the number of pupils
expected to attend, the cost per pupil, financial participation by
industry partners in the construction and equipping of the facility,
commitment to accountability for outcomes and participation, the
strength and relevance of the educational plans to the needs of
industry for qualified technical employees applicable to the economic
development needs of the region in which the project will be
located, and coordination and articulation with feeder schools, other
high schools, and community colleges.
(k) The Office of Public School Construction shall develop and the
board shall approve regulations to implement this article on or
before April 19, 2007, and the board may promulgate those regulations
first on an emergency basis, which shall be effective for no more
than 12 months, after which any permanent regulations shall be
promulgated in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code).
(l) A project approved pursuant to this section is eligible for a
grant increase pursuant to Section 17074.31, provided the project
meets the criteria prescribed in that section.
SEC. 3. 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.