Bill Text: CA SB869 | 2013-2014 | Regular Session | Chaptered
Bill Title: School facilities: construction: bond act.
Spectrum: Unknown
Status: (Passed) 2014-06-20 - Chaptered by Secretary of State. Chapter 39, Statutes of 2014. [SB869 Detail]
Download: California-2013-SB869-Chaptered.html
BILL NUMBER: SB 869 CHAPTERED
BILL TEXT
CHAPTER 39
FILED WITH SECRETARY OF STATE JUNE 20, 2014
APPROVED BY GOVERNOR JUNE 20, 2014
PASSED THE SENATE JUNE 15, 2014
PASSED THE ASSEMBLY JUNE 15, 2014
AMENDED IN ASSEMBLY JUNE 12, 2014
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 9, 2014
An act to amend Section 101012 of, to add Sections 17070.965 and
17078.73 to, and to add and repeal Section 17070.53 of, the Education
Code, relating to school facilities, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 869, Committee on Budget and Fiscal Review. School facilities:
construction: bond act.
(1) The Kindergarten-University Public Education Facilities Bond
Act of 2006 (bond act), approved by the voters at the November 7,
2006, statewide general election, among other things, authorizes the
issuance and sale of state general obligation bonds, and requires the
proceeds to be allocated for specified purposes, including
construction and modernization of elementary and secondary school
facilities. Existing law states that the Legislature is authorized to
adjust the funding amounts set aside for specific purposes related
to elementary and secondary school facilities by a statute passed in
each house of the Legislature by a 2/3 vote if the statute is
consistent with, and furthers the purposes of, provisions of the bond
act. The bond act, among other things, provides for the allocation
of $100,000,000 for incentive grants to promote the use of designs
and materials in new construction and modernization projects that
include attributes of high-performance schools, as specified.
This bill would prohibit the State Allocation Board from approving
funding for the incentive grants specified above on and after
January 1, 2015, and would provide for the reallocation of the
amounts not yet approved by the board for other specified purposes,
including new construction and modernization of school facilities,
and seismic repair, reconstruction, or replacement, as specified.
(2) Existing law establishes the Career Technical Education
Facilities Program to provide funding for qualified local educational
agencies for purposes of constructing new facilities or
reconfiguring existing facilities for career technical education, as
specified. The bond act provides for the allocation of $500,000,000
for purposes of the Career Technical Education Facilities Program.
This bill would prohibit the State Allocation Board from approving
an allocation for any projects pursuant to the Career Technical
Education Facilities Program on and after January 1, 2015, and would
provide for the allocation of the amounts not yet approved by the
board by that date for other specified purposes, including new
construction and modernization of school facilities and seismic
repair, reconstruction, or replacement, as specified.
(3) The bill would require the Office of Public School
Construction to report to the State Allocation Board and the
Legislature by March 1, 2015, on efforts to streamline and speed up
the award of seismic mitigation funds.
(4) The bill includes a legislative finding and declaration that
this act is consistent with, and furthers the purposes of, provisions
of the bond act related to elementary and secondary school
facilities.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17070.53 is added to the Education Code, to
read:
17070.53. (a) The Office of Public School Construction shall
report to the board and the Legislature by March 1, 2015, on efforts
to streamline and speed up the award of seismic mitigation funds.
(b) The report required to be submitted to the Legislature shall
be submitted in accordance with Section 9795 of the Government Code.
(c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 2. Section 17070.965 is added to the Education Code,
immediately following Section 17070.96, to read:
17070.965. On or after January 1, 2015, the board shall not
approve funding for incentive grants to promote the use of designs
and materials in new construction and modernization projects that
include the attributes of high-performance schools, including, but
not limited to, the elements set forth in Section 17070.96.
SEC. 3. Section 17078.73 is added to the Education Code, to read:
17078.73. On or after January 1, 2015, the board shall not
approve any projects pursuant to this article.
SEC. 4. Section 101012 of the Education Code is amended to read:
101012. (a) The proceeds from the sale of bonds, issued and sold
for the purposes of this chapter, shall be allocated in accordance
with the following schedule:
(1) The amount of one billion nine hundred million dollars
($1,900,000,000) for new construction of school facilities of
applicant school districts under Chapter 12.5 (commencing with
Section 17070.10) of Part 10. Of the amount allocated under this
paragraph, up to 10.5 percent shall be available for purposes of
seismic repair, reconstruction, or replacement, pursuant to Section
17075.10.
(2) The amount of five hundred million dollars ($500,000,000)
shall be available for providing school facilities to charter schools
pursuant to Article 12 (commencing with Section 17078.52) of Chapter
12.5 of Part 10.
(3) The amount of three billion three hundred million dollars
($3,300,000,000) for the modernization of school facilities pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10.
(4) (A) The amount of five hundred million dollars ($500,000,000)
for the purposes set forth in Article 13 (commencing with Section
17078.70) of Chapter 12.5 of Part 10, relating to facilities for
career technical education programs.
(B) Of the amount not yet approved for allocation by the State
Allocation Board pursuant to this paragraph by January 1, 2015, 50
percent shall be available for the purpose of paragraph (1), and 50
percent shall be available for purposes of paragraph (3). If an
apportionment or State Allocation Board approval pursuant to this
paragraph is rescinded after January 1, 2015, the rescinded amount
shall be available for the purposes of paragraphs (1) and (3). The
State Allocation Board shall determine the percentage of the
rescinded amount to be used for purposes of paragraph (1) and the
percentage of the rescinded amount to be used for purposes of
paragraph (3).
(5) Of the amounts allocated under paragraphs (1) and (3), up to
two hundred million dollars ($200,000,000) for the purposes set forth
in Chapter 894 of the Statutes of 2004, relating to incentives for
the creation of smaller learning communities and small high schools.
(6) The amount of twenty-nine million dollars ($29,000,000) for
the purposes set forth in Article 10.6 (commencing with Section
17077.40) of Chapter 12.5 of Part 10 of Division 1 of Title 1,
relating to joint use projects.
(7) The amount of one billion dollars ($1,000,000,000) shall be
available for providing new construction funding to severely
overcrowded schoolsites pursuant to Article 14 (commencing with
Section 17079) of Chapter 12.5 of Part 10 of Division 1 of Title 1.
(8) (A) The amount of one hundred million dollars ($100,000,000)
for incentive grants to promote the use of designs and materials in
new construction and modernization projects that include the
attributes of high-performance schools, including, but not limited
to, the elements set forth in Section 17070.96, pursuant to
regulations adopted by the State Allocation Board.
(B) Of the amount not yet approved for allocation by the State
Allocation Board pursuant to this paragraph by January 1, 2015, 50
percent shall be available for purposes of paragraph (1), and 50
percent shall be available for purposes of paragraph (3). If an
apportionment or State Allocation Board approval pursuant to this
paragraph is rescinded on or after January 1, 2015, the rescinded
amount shall be available for purposes of paragraphs (1) and (3). The
State Allocation Board shall determine the percentage of the
rescinded amount to be used for purposes of paragraph (1) and the
percentage of the rescinded amount to be used for purposes of
paragraph (3).
(b) School districts may use funds allocated pursuant to paragraph
(3) of subdivision (a) only for one or more of the following
purposes in accordance with Chapter 12.5 (commencing with Section
17070.10) of Part 10 of Division 1 of Title 1:
(1) The purchase and installation of air-conditioning equipment
and insulation materials, and related costs.
(2) Construction projects or the purchase of furniture or
equipment designed to increase school security or playground safety.
(3) The identification, assessment, or abatement in school
facilities of hazardous asbestos.
(4) Project funding for high-priority roof replacement projects.
(5) Any other modernization of facilities pursuant to Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of Title
1.
(c) Funds allocated pursuant to paragraph (1) of subdivision (a)
may also be used to provide new construction grants for eligible
applicant county boards of education under Chapter 12.5 (commencing
with Section 17070.10) of Part 10 of Division 1 of Title 1 for
funding classrooms for severely handicapped pupils, or for funding
classrooms for county community school pupils.
(d) (1) The Legislature may amend this section to adjust the
funding amounts specified in paragraphs (1) to (8), inclusive, of
subdivision (a), only by either of the following methods:
(A) By a statute, passed in each house of the Legislature by
rollcall vote entered in the respective journals, by not less than
two-thirds of the membership in each house concurring, if the statute
is consistent with, and furthers the purposes of, this chapter.
(B) By a statute that becomes effective only when approved by the
voters.
(2) Amendments pursuant to this subdivision may adjust the amounts
to be expended pursuant to paragraphs (1) to (8), inclusive, of
subdivision (a), but may not increase or decrease the total amount to
be expended pursuant to that subdivision.
(e) Funds available pursuant to this section may be used for
acquisition of school facilities authorized pursuant to Section
17280.5.
SEC. 5. The Legislature finds and declares that this act is
consistent with, and furthers the purposes of, Chapter 2 (commencing
with Section 101010) of Part 69 of Division 14 of Title 3 of the
Education Code.
SEC. 6. 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 for school districts to access bond authority for
necessary school facility construction, it is necessary for this act
to take effect immediately.
