BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 16
                                                                  Page  1

          Date of Hearing:   April 24, 2001

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                Elaine Alquist, Chair
                 AB 16 (Hertzberg) - As Introduced:  December 4, 2000
           
          EDUCATION           14-0                            
                                           
           ----------------------------------------------------------------- 
          |Ayes:|Strom-Martin, Leach,      |     |                          |
          |     |Alquist,                  |     |                          |
          |     |Calderon, Correa,         |     |                          |
          |     |Goldberg, Liu, Maddox,    |     |                          |
          |     |Pavley, Reyes, Salinas,   |     |                          |
          |     |Vargas, Wyland, Zettel    |     |                          |
           ----------------------------------------------------------------- 
           
          SUBJECT  : Education bond authorization.

           SUMMARY  : Enacts the Kindergarten-University Public Education  
          Facilities Bond Act of 2002, to become operative only if  
          approved by the voters at the March 5, 2002, direct primary  
          election.  Specifically,  this bill  :  

          1)Authorizes a General Obligation (G.O.) education bond to be  
            placed on the March 5, 2002 primary ballot.

          2)Provides that an unspecified amount of the bonds would be  
            deposited in the State School Facilities Fund and be available  
            to the State Allocation Board (SAB) to provide bond funds to  
            school districts, county superintendents of schools, and  
            county boards of education.

          3)Provides that an unspecified amount of bonds would be  
            deposited in the 2002 Higher Education Capital Outlay Fund and  
            allocated for the University of California, the California  
            State University, and for the California Community Colleges.

          4)Provides that an unspecified amount of the proceeds of K-12  
            bonds shall be allocated beginning in 2002-03 with  
            undesignated amounts for new construction, modernization, and  
            hardship and be allocated by SAB.

          5)Provides that an unspecified amount of the proceeds of K-12  
            bonds shall be allocated beginning in 2005-05 (sic) with  








                                                                  AB 16
                                                                  Page  2

            undesignated amounts for new construction, modernization, and  
            hardship and be allocated by SAB.

          6)Contains an urgency clause.

           EXISTING LAW  provides, pursuant to the State School Facilities  
          Program (SFP), that funding for construction of new schools and  
          modernization of old schools comes from both state and local  
          sources.  State funding comes from voter-approved G.O. bonds and  
          is allocated to school districts by SAB pursuant to the Leroy F.  
          Greene School Facilities Act of 1998 [SB 50 (Greene), Chapter  
          407, Statutes of 1998] which was designed to be less complex  
          then was the previous law.  Local funding comes from a variety  
          of sources including local G.O. bonds, Mello-Roos bonds and  
          developer fees.

          In November 1998, the voters approved Proposition 1A that  
          authorized a total of $9.2 billion in state G.O. bonds for  
          education facilities.  $2.5 billion of the amount was for higher  
          education facilities and the remaining $6.7 billion was for K-12  
          facilities.  These state bond funds will have been fully  
          allocated by mid 2002.

           FISCAL EFFECT  :   Unknown amount of G.O. bond funds.

           COMMENTS  :   The State Department of Education estimates that  
          state school bonds of $11.44 billion are needed over the next  
          five years.  This consists of $4.84 billion for new  
          construction, $5.6 billion for modernization and $1.0 billion  
          for hardship (estimates assume the current 50/50 and 80/20  
          state/local sharing).

          California voters have voted on the following state propositions  
          to provide general-obligation bonds for K-12 and higher  
          education campus construction.  

          November  1982           Proposition 1                        
          $500 million
          November  1984           Proposition 26                        
          450 million
          November  1986           Proposition 53                         
          800 million
          November  1986           Proposition 53             Higher Ed   
          400 million
          June      1988           Proposition 75                         








                                                                  AB 16
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          800 million
          November  1988           Proposition 78             Higher Ed   
          600 million
          November  1988           Proposition 79                        
          800 million
          June      1990           Proposition 121            Higher Ed450  
          million 
          June      1990           Proposition 123                     800  
          million
          November  1990           (FAILED)    Proposition 143        450  
          million
          November  1990           Proposition 146                     800  
          million
          June      1992           Proposition 152                     1.9  
          billion
          June      1992           Proposition 153            Higher Ed900  
          million
          November  1992           Proposition 155                     900  
          million
          June      1994           (FAILED)    Proposition 1B         1.0  
          billion
          June      1994           (FAILED)    Proposition 1CHigher Ed900  
          million
          March     1996           Proposition 203      K-12/Higher Ed*3.0  
          billion 
          November  1998           Proposition 1A      K-12/Higher Ed**9.2  
          billion

                                                                       *  
          provided $2.025 billion for K-12 + $975 million for Higher Ed.
                                                                       **  
          provided $6.7 billion for K-12 + $2.5 million for Higher Ed.

          According to a supporter of the bill, Lieutenant Governor Cruz  
          Bustamante, "School facilities-for both K-12 and higher  
          education-represent one of the greatest infrastructure  
          challenges facing our state.  According to the Department of  
          Finance, our elementary and secondary schools will need $14.1  
          billion over ten years for new facilities, modernization and  
          deferred maintenance.  Existing bond authority will cover only  
          $5.2 billion of this need, leaving an $8.9 billion gap.  The  
          needs in our public institutions of higher education are equally  
          compelling; their shortfall between available resources and  
          projected need is an astounding $15.4 billion over ten years.









                                                                  AB 16
                                                                  Page  4

          "Safe, modern facilities are essential to learning.  They are  
          also necessary to support reforms such as class size reduction  
          and educational technology, and to accommodate massive  
          enrollment growth in our schools and universities.  For too  
          long, this state failed to make the necessary investments in  
          infrastructure, and our children paid the price, their education  
          obstructed by overcrowded, crumbling classrooms.  Thankfully, we  
          have recently begun to see the value of making infrastructure  
          investments that in the long run will lead to higher student  
          achievement, a more productive workforce and a stronger economy.  
           When the voters approved the $9.2 billion Class Size Reduction  
          Kindergarten-University Public Education Facilities Bond Act of  
          1998, we took an important step toward alleviating facilities  
          needs across our education system.  We must sustain our  
          commitment by enacting AB 16."

           Related legislation  : AB 1299 (Leonard) authorizes $10 billion in  
          education bonds.  This bill is currently before the Committee.   
          SB 844 (Chesbro), pending in the Senate, authorizes an  
          unspecified amount in education bonds.

           Support 
           
          Lieutenant Governor Cruz Bustamante
          Association of California School Administrators
          California State University
          California County Boards of Education
          California Building Industry Association
          California Association for Counseling and Development
          Consulting Engineers & Land Surveyors of California
          Los Angeles Community College District
          San Jose-Evergreen Community College District
          University of California
          Numerous letters from individuals

           Opposition 
           
          None on file.


           Analysis Prepared by :    Paul Mitchell / HIGHER ED. / (916)  
          319-3960