Bill Text: CA SB204 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Local alternative transportation improvement program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2012-09-30 - In Senate. Consideration of Governor's veto pending. [SB204 Detail]

Download: California-2011-SB204-Amended.html

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BILL NUMBER: SB 204	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 7, 2012
	AMENDED IN SENATE  APRIL 26, 2011

INTRODUCED BY   Senator Liu

                        FEBRUARY 8, 2011

    An act to amend Sections 33000, 33030, 33031, 33032,
33111, 33112, and 33301 of, and to repeal Sections 33034, 33302, and
33303 of, the Education Code, relating to education governance.
  An act to amend Section 14528.56 of, and to add
Sections 14528.57 and 14528.67 to, the Government Code, relating to
transportation. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 204, as amended, Liu.  Education governance. 
 Local alternative transportation improvement program.  

   Under existing law, if the Department of Transportation determines
that real property or an interest therein, previously or hereafter
acquired by the state for highway purposes, is no longer necessary
for those purposes, the Department of Transportation is authorized to
sell, contract to sell, sell by trust deed, or exchange the real
property or interest therein in the manner and upon terms, standards,
and conditions established by the California Transportation
Commission.  
   Existing law authorizes the commission, in cooperation with the
regional transportation planning agencies, to prescribe study areas
for analysis and evaluation by those agencies and guidelines for the
preparation of the regional transportation plans.  
   Existing law, in order to resolve local transportation problems
resulting from the infeasibility of planned state transportation
facilities on certain state highway routes, authorizes specified
cities and counties to develop and file with the commission a local
alternative transportation improvement program that addresses
transportation problems and opportunities in the county that was to
be served by the planned facilities. Existing law creates the Los
Angeles County Metropolitan Transportation Authority (LACMTA) and
makes it responsible for, among other things, the establishment of
overall goals and objectives to achieve optimal transport service for
the movement of goods and people on a countywide basis.  
   This bill would, for purposes of preserving the funding capacity
for LACMTA to make transportation investment choices within the State
Highway Route 710 Study Area, as defined, authorize LACMTA in
consultation with the department, to develop and file with the
commission a local alternative transportation improvement program
that addresses transportation problems and opportunities in the State
Highway Route 710 Study Area. The bill would require the commission
to have the final authority regarding the content and approval of the
local alternative transportation improvement program. The bill would
require all proceeds from the sale of the specified excess
properties, except as specified, to be allocated by the commission to
fund the approved local alternative transportation improvement
program, as specified.  
   Existing law imposes various requirements on these local
alternative transportation improvement programs including that the
department is required to maintain a specified account for each local
alternative transportation improvement program into which it will
deposit the funds derived from the sale of the respective excess
properties. Existing law also requires a specified local alternative
transportation improvement program to include various housing
programs, including, but not limited to, relocation assistance,
relocation advice and moving expenses, and replacement housing units.
 
   This bill would make the local alternative transportation
improvement program in the State Highway Route 710 Study Area subject
to those account and deposit requirements and would authorize
LACMTA, with the concurrence of the commission, to advance a project
included in the local alternative transportation improvement program
in the study area prior to the availability of sufficient funds, as
specified. The bill would also make those housing program provisions
applicable to the local alternative transportation improvement
program in the State Highway Route 710 Study Area.  
   (1) Existing law establishes the State Board of Education to adopt
policies, and to establish rules and regulations, not inconsistent
with the laws of the state, to govern the public elementary and
secondary schools of the state. Existing law provides that the state
board consists of 10 members, who are appointed by the Governor to
4-year terms with the advice and consent of 2/3 of the Senate.
Existing law also provides for the appointment by the Governor, with
the advice and consent of 2/3 of the Senate, of a student member to a
single one-year term commencing on August 1. Existing law authorizes
the state board to issue subpoenas to compel the attendance of
witnesses before the board, or before any member of the board, in the
same manner as any court in the state.  
   This bill would require that the 10 nonstudent appointees to the
state board represent, and reside in, different geographical areas of
the state, reflect the ethnic and gender diversity of the state's
population, and represent the various disciplines active in the
public education system.  
   The bill would eliminate the authority of the state board to
establish statewide educational policy and issue rules and
regulations for the governance of public elementary and secondary
schools. The bill would instead provide that the state board would
advise the Governor, Legislature, and Superintendent of Public
Instruction on policy matters pertaining to elementary and secondary
education, and would make annual recommendations to the Legislature
regarding ways to improve the quality of public education throughout
the state. The bill would specify that the state board would carry
out only the duties and functions expressly granted to it by the
statutes and constitution of the state.  
   The bill would eliminate the authority of the state board to issue
subpoenas to compel the attendance of witnesses.  
   (2) Existing law requires the Superintendent of Public
Instruction, among other things, to execute, under the direction of
the State Board of Education, the policies decided upon by the state
board. Existing law provides that the Superintendent of Public
Instruction is the ex officio Director of Education. 

   This bill would eliminate the requirement that the Superintendent
of Public Instruction execute policies of the State Board of
Education. The bill would instead define the function of the
Superintendent as ensuring the delivery of high-quality education to
the pupils of the state who attend preschool, kindergarten, and
grades 1 to 12, inclusive. The bill would provide that the
Superintendent would set policy for, supervise, and administer the
State Department of Education.  
   The bill would provide that the Director of Education would be
appointed by, and serve at the pleasure of, the Superintendent. The
bill would further provide that the Director of Education would
perform all executive and administrative functions of the State
Department of Education delegated to him or her by the
Superintendent. 
   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 14528.56 of the  
Government Code   is amended to read: 
   14528.56.  The following shall pertain to local alternative
transportation improvement programs developed and approved pursuant
to Sections 14528.5  and   ,  14528.55 
, and 14528.57  :
   (a) The department shall maintain a separate account in the state'
s Special Deposit Fund for each approved local alternative
transportation improvement program into which it will deposit the
funds derived from the sale of the respective excess properties
pursuant to subdivision (c) of Section 14528.5  and 
 ,  subdivision (c) of Section 14528.55  , and
subdivision (c) of Section 14528.57  . All proceeds received by
the department from the sale of those excess properties that are
available pursuant to those subdivisions for the respective local
alternative transportation improvement programs, less reimbursement
for costs incurred by the department for administration of each
account, shall be deposited in each respective account, along with
all interest earnings generated by the funds in the respective
account.
   (b) Funds in each account shall be available for expenditure by
the local agencies for projects designated in the respective local
alternative transportation improvement program approved by the
commission pursuant to Section 14528.5  or   ,
 14528.55  , or 14528.57  .
   (c) This section applies only to State Highway Routes 84 
and   ,  238  , and 710  , and to the
local alternative transportation programs approved pursuant to
Section 14528.5  or   ,  14528.55  , or
14528.57  .
   (d) Section 14528.8 does not apply to projects undertaken pursuant
to Section 14528.5  or   ,  14528.55 
, or 14528.57  .
   (e)    (1)  A local jurisdiction may, with the
concurrence of the appropriate transportation planning agency, the
commission, and the department, advance a project included in the
local alternative transportation improvement programs  approved
under Section 14528.5 or   14528.55  prior to the
availability of sufficient funds from the sale of respective excess
properties, through the use of its own funds. A project advanced in
this manner shall be deliverable by the state, or by the local
jurisdiction pursuant to agreement, when proposed by the local
jurisdiction. Advancement of a project or projects shall not change
the priority for funding and delivery of all projects within each
respective approved local alternative transportation improvement
program. 
   (2) The Los Angeles County Metropolitan Transportation Authority
(LACMTA) may, with the concurrence of the commission, advance a
project included in the local alternative transportation improvement
program approved under Section 14528.57 prior to availability of
sufficient funds from the sale of the respective excess properties,
through the use of its own funds or funds otherwise available to
LACMTA, subject to such terms and conditions as are mutually
agreeable to the commission and LACMTA. 
   (f) A local agency may enter into an agreement with the
appropriate transportation planning agency, the department, and the
commission to use its own funds to develop, purchase right-of-way
for, and construct a transportation project within its jurisdiction
if the project is one that is included in the respective local
alternative transportation improvement program and is funded by the
individual account established in the Special Deposit Fund pursuant
to subdivision (a), and meets all of the following requirements:
   (1) Pursuant to the agreement, and from funds allocated by the
commission for the project when scheduled in the local alternative
transportation improvement program, the department shall reimburse
the local agency for the actual cost of constructing the project,
including the acquisition of right-of-way. Interest or other debt
service costs incurred by local agencies to finance right-of-way
acquisition or construction for the project are not reimbursable.
Reimbursement made to a local agency pursuant to this subdivision
shall be made from the respective account established in the Special
Deposit Fund.
   (2) The amount actually reimbursed to the local agency under
paragraph (1) shall be the amount expended by the local agency for
right-of-way and construction. If the expenditure of local funds does
not result in the completion of an operable segment of a
transportation project, reimbursement shall be limited to the actual
amount expended by the local agency for right-of-way or partial
construction, with no escalation factor.
   (3) Pursuant to the agreement, and from funds allocated by the
commission for the project when it was scheduled in the local
respective alternative transportation improvement program, the
department shall reimburse the local agency for the actual cost of
developing the project with local funds pursuant to this subdivision.
Reimbursement of project development costs shall not exceed 20
percent of estimated construction costs. In no case shall this
reimbursement exceed any lesser amount mutually agreed to by the
department, commission, and local agency.
   (4) Reimbursements made to local agencies pursuant to this section
for expenditures of local voter-approved sales and use tax revenues
shall be used for the same purposes for which the imposition of the
sales and use tax is authorized.
   (5) The commission, in consultation with the department and local
transportation officials, shall develop and adopt guidelines to
implement this subdivision.
   (g) At the time of its approval of the respective local
alternative transportation improvement program, the commission, in
consultation with the department and representatives from regional
and local agencies, shall also incorporate, into the state
transportation improvement program guidelines, additional guidelines
specific to the local alterative transportation improvement program.
The additional guidelines shall include, but need not be limited to,
criteria for project applications, estimation of costs, assessment of
capability to complete the project, allocation of funds to project
phases, timely expenditure of funds, management of changes to cost,
scope, and schedules, assessment of progress in implementing
projects, and audit requirements.
   SEC. 2.    Section 14528.57 is added to the 
 Government Code   , to read:  
   14528.57.  (a) For purposes of preserving the funding capacity for
the Los Angeles County Metropolitan Transportation Authority
(LACMTA) to make transportation investment choices within the State
Highway Route 710 Study Area, LACMTA in consultation with the
department, acting as the transportation planning agency having
transportation planning and programming jurisdiction over the cities
and portions of the County of Los Angeles in the State Highway Route
710 Study Area, may develop and file with the commission a local
alternative transportation improvement program that addresses
transportation problems and opportunities in the State Highway Route
710 Study Area.
   (b) The commission shall have the final authority regarding the
content and approval of the local alternative transportation
improvement program. However, the program content and approval
process shall be consistent with that process as previously developed
by the commission in implementing a local alternative transportation
program pursuant to Sections 14528.5 and 14528.55.
   (c) All proceeds from the sale of the excess properties, less any
reimbursements due to the federal government and all costs incurred
in the sale of those excess properties, shall be allocated by the
commission to fund the approved local alternative transportation
improvement program and shall not be subject to Sections 188 and
188.8 of the Streets and Highways Code. The proceeds shall be used
only for state highway purposes or for projects in the local
alternative transportation improvement program that are also in the
local voter-approved transportation sales tax measure.
   (d) For purposes of this section, "excess properties" means those
properties previously acquired but no longer required to construct a
new project in the State Highway Route 710 Study Area.
   (e) For purposes of this section, the "State Highway Route 710
Study Area" means the portion of the County of Los Angeles identified
through the scoping process for the State Highway Route 710 North
Gap Closure Project environmental assessment. 
   SEC. 3.    Section 14528.67 is added to the 
 Government Code   , to read:  
   14528.67.  A local alternative transportation improvement program,
approved pursuant to Section 14528.57, shall include all of the
following:
   (a) A program to provide relocation assistance for residents
eligible for relocation assistance pursuant to Chapter 16 (commencing
with Section 7260) of Division 7 of Title 1, and guidelines adopted
pursuant to Section 50460 of the Health and Safety Code.
   (b) A program to provide relocation assistance for all lower
income households, regardless of their eligibility for assistance
pursuant to subdivision (a), who will be displaced from their
residences because of actions taken to finance or implement the local
alternative improvement transportation program, including sale or
removal of their residences. To be eligible for assistance, lower
income households shall have occupied their residence on the date
that the local alternative transportation improvement program was
approved by the commission. The program shall comply with the
requirements, except eligibility requirements, of Chapter 16
(commencing with Section 7260) of Division 7 of Title 1, and with
guidelines adopted pursuant to Section 50460 of the Health and Safety
Code.
   (c) A program to provide all persons or families who are not
otherwise eligible for assistance pursuant to subdivisions (a) and
(b) with relocation advice and moving expenses, as defined in Section
7261 and subdivisions (a) and (b) of Section 7262.
   (d) A program to provide replacement housing units for persons and
families of low or moderate income at an affordable housing cost. At
a minimum, the program shall provide that the total number of new
units for persons or families of low or moderate income to be
provided shall be equal to or greater than the number of units
occupied by persons or families of low or moderate income displaced
by the local alternative transportation improvement program, and that
the total number of new housing units to be provided for lower
income households shall be equal to or greater than the number of
units occupied by lower income households displaced by the local
alternative transportation improvement program. The number of units
so provided shall be determined at least one year prior to the date
the commission approves the local alternative transportation
improvement program. If it is not feasible to replace the total
number of units required on surplus public property, other types of
property shall be used in order to provide the replacement units.
Replacement of the units shall be completed utilizing funds other
than those derived from the sale of excess properties and shall be
completed within four years of the date the persons or families are
displaced or, if unoccupied, from the date of demolition or removal.
Unoccupied units shall be replaced in the same ratio as units
occupied by persons and families of low and moderate income in the
right-of-way. It shall be an objective of the program that, where
financially feasible, the number of new housing units for persons and
families of low or moderate income shall be not less than 20 percent
of all new housing units developed on the aggregate surplus public
property.
   (e) For purposes of this section, the terms "affordable housing
cost," "lower income households," and "persons and families of low or
moderate income" shall be defined as provided in Division 31
(commencing with Section 50000) of the Health and Safety Code.
   (f) Unless specifically stated, this section shall in no way
reduce or limit any requirements for the provision of housing for
persons or families of low or moderate income as contained in any
other provision of law.
   (g) No state highway account funds shall be expended for planning
or implementing the housing provisions of the local alternative
transportation improvement program that are required to be carried
out pursuant to subdivisions (b) to (d), inclusive.
   (h) Neither the excess property nor the proceeds from the sale of
the excess property shall be used for housing purposes. The excess
property may be used for housing purposes after sale by the
department.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) President Obama has called on states to move forward
aggressively on education reform. The approval by Congress of the
Race to the Top competitive grant funds echoes this call, and funds
will go to states that are leading the way with ambitious yet
achievable plans for implementing coherent, compelling, and
comprehensive education reform.
   (b) The United States House of Representatives has passed
legislation that contains an Early Learning Challenge Fund, which is
an $8 billion, eight-year investment in early learning programs.
   (c) Several studies, including a 2007 report by the Superintendent
of Public Instruction, have highlighted California's persistent
achievement gap among different demographic groups of pupils.
   (d) California has a high school completion rate of 75 percent.
About 60 percent of California high school graduates enter community
college or a four-year college.
   (e) Recent studies have criticized California's governance system
for lacking transparency and being overly complex, inefficient, and
ineffective.
   (f) In order for California to produce an educated population,
make headway in closing the student achievement gap, and be
competitive in seeking federal Race to the Top program and other
federal education programs and improvement funds, the state must have
an effective, functional, and streamlined governance system in
place.  
  SEC. 2.    Section 33000 of the Education Code is
amended to read:
   33000.  (a) There is in the state government a State Board of
Education, consisting of 10 members, who are appointed by the
Governor with the advice and consent of two-thirds of the Senate.
   (b) Appointees to the state board shall do all of the following:
   (1) Represent and reside in different geographical regions of the
state.
   (2) Reflect the ethnic and gender diversity of the state's
population.
   (3) Represent the array of disciplines active in the public
education system, including, but not necessarily limited to,
teachers, principals, school district administrators and financial
officers, charter school administrators, county offices of education,
school district governing boards, classified employees, and parents.
 
  SEC. 3.    Section 33030 of the Education Code is
amended to read:
   33030.  The board shall advise the Governor, Legislature, and
Superintendent on policy matters pertaining to elementary and
secondary education, and shall make annual recommendations to the
Legislature regarding ways to improve the quality of public education
throughout the state. The state board shall carry out duties and
functions expressly granted to it by the statutes and constitution of
this state. No further duties or functions shall be implied.
 
  SEC. 4.    Section 33031 of the Education Code is
amended to read:
   33031.  (a) The state board shall adopt rules and regulations not
inconsistent with the laws of this state for its own procedures.
    (b) The rules and regulations adopted by the state board under
this section shall be published for distribution as soon as
practicable after adoption.  
  SEC. 5.    Section 33032 of the Education Code is
amended to read:
   33032.  The state board shall study the educational conditions and
needs of the state, and make recommendations for the improvement of
the administration and efficiency of the public schools of the state.
The state board shall report the results of its study, and any
recommendations that it makes under this section, to the Governor in
the report required by Section 33037.  
  SEC. 6.    Section 33034 of the Education Code is
repealed.  
  SEC. 7.    Section 33111 of the Education Code is
amended to read:
   33111.  The Superintendent of Public Instruction shall ensure the
delivery of high-quality education to the pupils of the state who
attend preschool, kindergarten, and grades 1 to 12, inclusive. The
responsibilities of the Superintendent shall include, but not
necessarily be limited to, all of the following:
   (a) Establishing educational expectations for pupils.
   (b) Apportioning resources to schools.
   (c) Managing statewide educational and financial accountability
programs.
   (d) Overseeing school district fiscal audit reviews.
   (e) Serving as the independent spokesperson for California's
populace and pupils.
   (f) Facilitating educational accountability by administering and
promoting the effective use of data to measure and improve pupil
learning. Educational accountability shall include, but not
necessarily be limited to, all of the following:
   (1) Measuring pupil and institutional performance to ensure
adequate and equitable education and compliance with special
education and civil rights law.
   (2) Monitoring the implementation of state and federal programs.
   (3) Identifying schools that fail to meet pupil achievement
targets.
   (4) Defining and implementing intervention strategies for schools
that fail to meet pupil achievement targets.  
  SEC. 8.    Section 33112 of the Education Code is
amended to read:
   33112.  The Superintendent shall:
   (a) Superintend the schools of this state.
   (b) Set policy for, supervise, and administer the department.
   (c) Prepare, have printed, and furnish to teachers and to all
officers charged with the administration of the laws relating to the
public schools the blank forms and books necessary to the discharge
of their duties, including blank teachers' certificates to be used by
county and city and county boards of education.
   (d) Authenticate with his or her official seal all drafts or
orders drawn by him or her, and all papers and writings issued from
his or her office.
   (e) Have bound, at the state bindery, all valuable school reports,
journals, and documents in his or her office, or received by him or
her.
   (f) Deliver over, at the expiration of his or her term of office,
on demand, to his or her successor, all property, books, documents,
maps, records, reports, and other papers belonging to his or her
office, or which may have been received by him or her for the use of
his or her office.
   (g) Designate and appoint, or terminate the designation and
appointment of, any officer or employee of the department to have the
powers and liabilities of a deputy, including designation pursuant
to Section 7.9 of the Government Code, which appointment and
termination of appointment shall be effective when filed in writing
in the office of the Secretary of State.
   (h) Annually inform the governing boards of school districts, in a
manner prescribed by the Superintendent, of the provisions of
Section 60510.5.  
  SEC. 9.    Section 33301 of the Education Code is
amended to read:
   33301.  The Department of Education shall be administered through
an executive officer known as the Director of Education, who shall be
appointed by, and serve at the pleasure of, the Superintendent of
Public Instruction. The Director of Education shall perform all
executive and administrative functions of the department delegated to
him or her by the Superintendent.  
  SEC. 10.    Section 33302 of the Education Code is
repealed.  
  SEC. 11.    Section 33303 of the Education Code is
repealed.