BILL NUMBER: AB 1558	CHAPTERED  08/13/01

	CHAPTER  194
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2001
	APPROVED BY GOVERNOR  AUGUST 12, 2001
	PASSED THE SENATE  JULY 21, 2001
	PASSED THE ASSEMBLY  MAY 3, 2001

INTRODUCED BY   Assembly Member Leach

                        FEBRUARY 23, 2001

   An act to add Section 17070.77 to the Education Code, relating to
school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1558, Leach.  School facilities:  maintenance.
   Existing law, the Leroy F. Greene School Facilities Act 1998
(Greene Act), provides funding to school districts to finance the
construction and modernization of school facilities.  The Greene Act
requires applicants to make all necessary repairs, renewals, and
replacements to ensure that a project is at all times kept in good
repair.  Existing law requires an applicant to establish a restricted
account within the school district's general fund for the exclusive
purpose of providing moneys for ongoing and major maintenance, and to
agree to deposit prescribed amounts into the account for this
purpose.  Existing law requires the applicant school district to
certify that it has publicly approved an ongoing and major
maintenance plan.
   This bill would define major maintenance for this purpose, would
require, commencing January 1, 2002, any school district applying for
funding pursuant to the Greene Act to annually review the plan,
update it as needed, and certify that it is in compliance with the
plan.  The bill would require applicants to certify that the plan
includes prescribed criteria, including, but not limited to,
identification of the major maintenance needs of the project, and
specification of a schedule for completion of the major maintenance.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17070.77 is added to the Education Code,
immediately following Section 17070.75, to read:
   17070.77.  (a) For each project funded after January 1, 2002, the
board shall require the applicant school district governing board to
certify, as part of the school district's annual budget process and
beginning in the fiscal year in which the project is funded by the
state, that it is in compliance with the plan adopted pursuant to
paragraph (3) of subdivision (b) of Section 17070.75 for completing
major maintenance requirements for the project.
   (b) For purposes of this chapter, the term "major maintenance"
means all actions necessary to keep roofing, siding, painting, floor
and window coverings, fixtures, cabinets, heating and cooling
systems, landscaping, fences, and other items designated by the
governing board of the school district in good repair.
   (c) The board shall require the school district's governing board
to certify that the plan includes and is being implemented with all
of the following components:
   (1) Identification of the major maintenance needs for the project.

   (2) Specification of a schedule for completing the major
maintenance.
   (3) Specification of a current cost estimate for the scheduled
major maintenance needs.
   (4) Specification of the school district's schedule for funding a
reserve to pay for the scheduled major maintenance needs.
   (5) Review of the plan annually, as a part of the school district'
s annual budget process, and update, as needed, the major maintenance
needs, the estimates of expected costs, and any adjustments in
funding the reserve.
   (6) Availability for public inspection of the original plan, and
all updated versions of the plan, at the office of the superintendent
of the school district during the working hours of the school
district.
   (7) Provision in the school district's annual budget for the
reserve that contains the total funding available for scheduled major
maintenance needs as specified in the updated plan, and an
explanation if this amount of the reserve is less than that specified
in the updated plan.