BILL NUMBER: AB 401	CHAPTERED  10/10/01

	CHAPTER  647
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2001
	APPROVED BY GOVERNOR  OCTOBER 9, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 15, 2001
	PASSED THE SENATE  SEPTEMBER 14, 2001
	AMENDED IN SENATE  SEPTEMBER 14, 2001
	AMENDED IN SENATE  AUGUST 30, 2001
	AMENDED IN ASSEMBLY  MAY 1, 2001

INTRODUCED BY   Assembly Member Cardenas

                        FEBRUARY 20, 2001

   An act to amend Section 17072.12 of the Education Code, relating
to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 401, Cardenas.  School facilities.
   Existing law, the Leroy F. Greene School Facilities Act of 1998
(Greene Act), makes funding available to eligible school districts
for various purposes related to school facilities, including
construction and modernization.  Under existing law, the State
Allocation Board is required to determine the eligibility of school
districts to receive apportionments under the Greene Act and to
apportion funds only upon the completion of certain requirements by
the applicant school district.
   Existing law authorizes the board to provide additional funding
for assistance in site development and acquisition if the amount of
the site acquisition and development assistance does not exceed 50%
of the cost of site development to the school district, plus the
lesser of 50% of the site cost to the school district or 50% of the
appraised value of the site at the time the complete application is
submitted.
   This bill would alter the calculation involving the appraised
value of the site for the purposes of calculating this assistance and
would authorize the board to provide funding for this assistance to
a school district that uses land previously acquired by the school
district in an amount equal to 50% of the cost of site development to
the school district, plus 50% of the site's appraised value if
certain conditions are met.


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


  SECTION 1.  Section 17072.12 of the Education Code is amended to
read:
   17072.12.  (a) In addition to the amount provided in Section
17072.10, the board may provide funding for assistance in site
development and acquisition if all of the following are met:
   (1) The amount of the site acquisition and development assistance
does not exceed 50 percent of the cost of site development to the
school district, plus the lesser of the following:
   (A) 50 percent of the site cost to the school district.
   (B) 50 percent of the appraised value of the site within six
months of the time the complete application is submitted.
   (2) The school district certifies that there is no alternative
available site, or that the district plans to sell an available site
in order to use the proceeds of the sale for the purchase of the new
site.
   (b) Notwithstanding subdivision (a), the board may provide funding
for assistance in site development and acquisition to a school
district that uses land previously acquired by the school district in
an amount equal to 50 percent of the cost of site development to the
school district, plus 50 percent of the site's appraised value at
the time the application for site acquisition and development is
submitted, provided all of the following are met:
   (1) The site was acquired no less than five years prior to the
date the application is submitted.
   (2) The site had been productively used by the school district as
other than a schoolsite for the five years immediately preceding the
date the application is submitted.
   (3) The board determines that the nonschool function currently
taking place on the site must be discontinued or relocated in order
to utilize the site as a schoolsite.
   (c) A school district that receives assistance pursuant to
subdivision (b) shall, within one year after the completion of the
project, certify in writing to the board that the nonschool function
was in fact relocated as set forth in paragraph (4) of subdivision
(b).
   (d) Pursuant to subdivision (b), an applicant school district
shall include in its application to the board a cost-benefit analysis
performed by the school district demonstrating how utilizing
existing nonschoolsite district property pursuant to this section
would be a more effective method of solving the school district's
pupil housing problems than any other method of funding under this
chapter.  The board shall review and approve the analysis if the
board agrees with the findings and shall consider the analysis and
findings in approving the project pursuant to this section.