BILL NUMBER: SB 6 CHAPTERED
BILL TEXT
CHAPTER 899
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2004
APPROVED BY GOVERNOR SEPTEMBER 29, 2004
PASSED THE SENATE AUGUST 27, 2004
PASSED THE ASSEMBLY AUGUST 27, 2004
CONFERENCE REPORT NO. 1
PROPOSED IN CONFERENCE AUGUST 24, 2004
AMENDED IN ASSEMBLY JUNE 9, 2004
AMENDED IN SENATE JANUARY 26, 2004
AMENDED IN SENATE JANUARY 20, 2004
AMENDED IN SENATE MAY 15, 2003
AMENDED IN SENATE MAY 5, 2003
AMENDED IN SENATE APRIL 21, 2003
INTRODUCED BY Senators Alpert, McPherson, Scott, and Vasconcellos
(Coauthors: Assembly Members Berg, Calderon, Chan, Chu, Cohn,
Corbett, Daucher, Diaz, Dutra, Dymally, Firebaugh, Garcia, Goldberg,
Hancock, Jerome Horton, Shirley Horton, Houston, Laird, Leno, Levine,
Lieber, Liu, Longville, Maldonado, Matthews, Montanez, Mullin,
Nakano, Negrete McLeod, Nunez, Oropeza, Pacheco, Parra, Reyes,
Ridley-Thomas, Runner, Salinas, Steinberg, Vargas, Wesson, Wiggins,
Wolk, and Yee)
DECEMBER 2, 2002
An act to add Section 41207.5 to, and to add Article 1.5
(commencing with Section 17592.70) to Chapter 5 of Part 10.5 of, the
Education Code, relating to school facilities, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 6, Alpert. School facilities: needs assessment: emergency
repairs.
Existing law requires the governing board of any school district
to furnish and repair the school property of its district and
authorizes each school district to establish a restricted fund, known
as the district deferred maintenance fund, for the purpose of major
repair or replacement of specified items. Existing law requires the
State Allocation Board to apportion from the State School Deferred
Maintenance Fund, to eligible school districts, an amount equal to $1
for each $1 of local funds deposited in the district's deferred
maintenance fund.
This bill would establish the School Facilities Needs Assessment
Grant Program, to be administered by the State Allocation Board, for
the purpose of awarding grants to school districts on behalf of
schoolsites ranked in deciles 1 to 3, inclusive, on the Academic
Performance Index, as specified, to conduct a one-time comprehensive
assessment of school facilities needs, as provided.
The bill would establish in the State Treasury the School
Facilities Emergency Repair Account, to be administered by State
Allocation Board, for the purpose of reimbursing school districts
with schools ranked in deciles 1 to 3, inclusive, on the Academic
Performance Index, as specified, for emergency facility repairs, as
provided. The bill would specify the source of the funds to be
deposited into this account, including from the Proposition 98
Reversion Account, and would prescribe other requirements relating to
the transfer of those funds.
The bill would require the State Allocation Board, for purposes of
the above new program and account, to adopt regulations, establish
and publish any procedures and policies for their administration,
apportion funds to eligible school districts, provide technical
assistance to school districts, and make specified reports to the
Governor and the Legislature.
This bill would establish in the General Fund the Proposition 98
Reversion Account and would require the Legislature to transfer into
this account moneys previously appropriated in satisfaction of the
requirements of Section 8 of Article XVI of the California
Constitution that have not been disbursed or otherwise encumbered for
the purposes for which they were appropriated. The bill would
require moneys that are appropriated in satisfaction of the minimum
funding obligation under Section 8 of Article XVI of the California
Constitution that would otherwise revert to the unexpended balance of
the General Fund to be instead deposited in this new account.
This bill would appropriate $250,000 from the General Fund to the
State Allocation Board for the administration of the School
Facilities Needs Assessment Grant Program and the School Facilities
Emergency Repair Account for the 2004-05 fiscal year.
This bill would appropriate $30,000,000 from the General Fund, of
which $25,000,000 would be appropriated to the State Department of
Education for transfer to the State Allocation Board for grants to
school districts under the School Facilities Needs Assessment Grant
Program and $5,000,000 would be appropriated for transfer to the
School Facilities Emergency Repair Account. The bill would require
the Controller to transfer those funds, as provided, upon receipt of
certification from the Office of Public School Construction. The
bill would provide that for the purposes of making the computations
required by Section 8 of Article XVI of the California Constitution,
the appropriation is General Fund revenues appropriated for school
districts for the 2003-04 fiscal year.
This bill would state that the intent of the Legislature in
enacting this act is to implement the settlement agreement in the
case of Williams v. State of California.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 1.5 (commencing with Section 17592.70) is added
to Chapter 5 of Part 10.5 of the Education Code, to read:
Article 1.5. School Assessments of Buildings and Emergency
Repairs Grant Program
17592.70. (a) There is hereby established the School Facilities
Needs Assessment Grant Program with the purpose to provide for a
one-time comprehensive assessment of school facilities needs. The
grant program shall be administered by the State Allocation Board.
(b) (1) The grants shall be awarded to school districts on behalf
of schoolsites ranked in deciles 1 to 3, inclusive, on the Academic
Performance Index, pursuant to Section 52056, based on the 2003 base
Academic Performance Index score for each school newly constructed
prior to January 1, 2000.
(2) For purposes of this section, schools ranked in deciles 1 to
3, inclusive, on the 2003 base Academic Performance Index (API) shall
include any schools determined by the State Department of Education
to meet either of the following:
(A) The school meets all of the following criteria:
(i) Does not have a valid base API score for 2003.
(ii) Is operating in fiscal year 2004-05 and was operating in
fiscal year 2003-04 during the Standardized Testing and Reporting
(STAR) Program testing period.
(iii) Has a valid base API score for 2002 that was ranked in
deciles 1 to 3, inclusive, in that year.
(B) The school has an estimated base API score for 2003 that would
be in deciles 1 to 3, inclusive.
(3) The State Department of Education shall estimate an API score
for any school meeting the criteria of clauses (i) and (ii) of
subparagraph (A) of paragraph (2) and not meeting the criteria of
clause (iii) of subparagraph (A) of that paragraph, using available
testing scores and any weighting or corrective factors it deems
appropriate. The department shall provide those API scores to the
Office of Public School Construction and post them on its Web site
within 30 days of the enactment of this section.
(c) The board shall allocate funds pursuant to subdivision (b) to
school districts with jurisdiction over eligible schoolsites, based
on ten dollars ($10) per pupil enrolled in the eligible school as of
October 2003, with a minimum allocation of seven thousand five
hundred dollars ($7,500) for each schoolsite.
(d) As a condition of receiving funds pursuant to this section,
school districts shall do all of the following:
(1) Use the funds to develop a comprehensive needs assessment of
all schoolsites eligible for grants pursuant to subdivision (b). The
assessment shall contain, at a minimum, all of the following
information for each schoolsite:
(A) The year each building that is currently used for
instructional purposes was constructed.
(B) The year, if any, each building that is currently used for
instructional purposes was last modernized.
(C) The pupil capacity of the school.
(D) The number of pupils enrolled in the school.
(E) The density of the school campus measured in pupils per acre.
(F) The total number of classrooms at the school.
(G) The age and number of portable classrooms at the school.
(H) Whether the school is operating on a multitrack, year-round
calendar, and, if so, what type.
(I) Whether the school has a cafeteria, or an auditorium or other
space used for pupil eating and not for class instruction.
(J) The useful life remaining of all major building systems for
each structure housing instructional space, including, but not
limited to, sewer, water, gas, electrical, roofing, and fire and life
safety protection.
(K) The estimated costs for five years necessary to maintain
functionality of each instructional space to maintain health, safety,
and suitable learning environment, as applicable, including
classroom, counseling areas, administrative space, libraries,
gymnasiums, multipurpose and dining space, and the accessibility to
those spaces.
(L) A list of necessary repairs.
(2) Use the data currently filed with the state as part of the
process of applying for and obtaining modernization or construction
funds for school facilities, or information that is available in the
California Basic Education Data System for the element required in
subparagraphs (D), (E), (F), and (G) of paragraph (1).
(3) Use the assessment as the baseline for the facilities
inspection system required pursuant to subdivision (e) of Section
17070.75.
(4) Provide the results of the assessment to the Office of Public
School Construction, including a report on the expenditures made in
performing the assessment. It is the intent of the Legislature that
the assessments be completed as soon as possible, but not later than
January 1, 2006.
(5) If a school district does not need the full amount of the
allocation it receives pursuant to this section, the school district
shall expend the remaining funds for making facilities repairs
identified in its needs assessment. The school district shall report
to the Office of Public School Construction on the repairs completed
pursuant to this paragraph and the cost of the repairs.
(6) Submit to the Office of Public School Construction an interim
report regarding the progress made by the school district in
completing the assessments of all eligible schools.
17592.71. (a) There is hereby established in the State Treasury
the School Facilities Emergency Repair Account. The State Allocation
Board shall administer the account.
(b) Commencing with the 2005-06 fiscal year, an amount of moneys
shall be transferred in the annual Budget Act from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
equaling 50 percent of the unappropriated balance of the Proposition
98 Reversion Account or one hundred million dollars ($100,000,000),
whichever amount is greater. Moneys transferred pursuant to this
subdivision shall be used for the purpose of addressing emergency
facilities needs pursuant to Section 17592.72.
(c) The Legislature may transfer to the School Facilities
Emergency Repair Account other one-time Proposition 98 funds, except
funds specified pursuant to Section 41207. Donations by private
entities shall be deposited in the account and, for tax purposes, be
treated as otherwise provided by law.
(d) Funds shall be transferred pursuant to this section until a
total of eight hundred million dollars ($800,000,000) has been
disbursed from the School Facilities Emergency Repair Account.
17592.72. (a) All moneys in the School Facilities Emergency
Repair Account are available for reimbursement to schools ranked in
deciles 1 to 3, inclusive, on the Academic Performance Index,
pursuant to Section 52056, based on the 2003 base Academic
Performance Index score for each school, as defined in subdivision
(b) of Section 17592.70, to meet the repair costs of the school
district projects that meet the criteria specified in subdivisions
(c) and (d) and as approved by the State Allocation Board.
(b) (1) It is the intent of the Legislature that each school
district exercise due diligence in the administration of deferred
maintenance and regular maintenance in order to avoid the occurrence
of emergency repairs.
(2) Funds made available pursuant to this article shall
supplement, not supplant, existing funds available for maintenance of
school facilities.
(3) The board is authorized to deny future funding pursuant to
this article to a school district if the board determines that there
is a pattern of failure to exercise due diligence pursuant to
paragraph (1) or supplantation. If the board finds a pattern of
failure to exercise due diligence, the board shall notify the county
superintendent of schools in which the school district is located.
(c) (1) For purposes of this article, "emergency facilities needs"
means structures or systems that are in a condition that poses a
threat to the health and safety of pupils or staff while at school.
These projects may include, but are not limited to, the following
types of facility repair or replacements of:
(A) Gas leaks.
(B) Nonfunctioning heating, ventilation, fire sprinklers, or
air-conditioning systems.
(C) Electrical power failure.
(D) Major sewer line stoppage.
(E) Major pest or vermin infestation.
(F) Broken windows or exterior doors or gates that will not lock
and that pose a security risk.
(G) Abatement of hazardous materials previously undiscovered that
pose an immediate threat to pupil or staff.
(H) Structural damage creating a hazardous or uninhabitable
condition.
(2) For purposes of this section, "emergency facilities needs"
does not include any cosmetic or nonessential repairs.
(d) For the purpose of this section, structures or components
shall only be replaced if it is more cost-effective than repair.
17592.73. (a) The State Allocation Board shall do all of the
following:
(1) Adopt regulations and review and amend its regulations, as
necessary, pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
for the administration of this article, including those necessary to
specify the qualifications of the personnel performing the needs
assessment and a method to ensure their independence. The initial
regulations adopted pursuant to this article shall be adopted as
emergency regulations, and the circumstances related to the initial
adoption are hereby deemed to constitute an emergency for this
purpose. The initial regulations adopted pursuant to this article
shall be adopted by January 31, 2005.
(2) Establish and publish any procedures and policies in
connection with the administration of this article as it deems
necessary.
(3) Apportion funds to eligible school districts under this
article.
(4) Provide technical assistance to school districts to implement
this article.
(5) Submit an interim status report to the Legislature and the
Governor by June 30, 2005, by compiling the reports submitted
pursuant to paragraph (6) of subdivision (d) of Section 17592.70.
(6) By June 30, 2008, report to the Legislature and the Governor
on expenditures pursuant to Section 17592.72 and projections of
future expenditures pursuant to Section 17592.72.
SEC. 2. Section 41207.5 is added to the Education Code, to read:
41207.5. There is hereby established in the General Fund the
Proposition 98 Reversion Account. The Legislature shall, from time
to time, transfer into the Proposition 98 Reversion Account moneys
previously appropriated in satisfaction of the requirements of
Section 8 of Article XVI of the California Constitution that have not
been disbursed or otherwise encumbered for the purposes for which
they were appropriated. Moneys that are appropriated in satisfaction
of the minimum funding obligation under Section 8 of Article XVI of
the California Constitution that would otherwise revert to the
unexpended balance of the General Fund shall instead be deposited in
the Proposition 98 Reversion Account.
SEC. 3. The sum of two hundred fifty thousand dollars ($250,000)
is hereby appropriated from the General Fund to the State Allocation
Board for the administration of Article 1.5 (commencing with Section
17592.70) of Chapter 5 of Part 10.5 of the Education Code for the
2004-05 fiscal year.
SEC. 4. (a) The sum of thirty million dollars ($30,000,000) is
hereby appropriated from the General Fund according to the following
schedule:
(1) The sum of twenty-five million dollars ($25,000,000) to the
State Department of Education for transfer to the State Allocation
Board for grants to school districts pursuant to Section 17592.70 of
the Education Code.
(2) The sum of five million dollars ($5,000,000) for transfer to
the School Facilities Emergency Repair Account for grants to school
districts pursuant to Section 17592.72 of the Education Code.
(3) The Controller shall transfer any amount certified by the
Office of Public School Construction to be needed to fully fund the
grants provided pursuant to Section 17592.70 of the Education Code
from the appropriation in paragraph (2) to the appropriation in
paragraph (1). The Controller shall transfer any amount certified by
the Office of Public School Construction to be unneeded to fully
fund the grants provided pursuant to Section 17592.70 of the
Education Code from the appropriation in paragraph (1) to the
appropriation in paragraph (2). The Controller shall not make the
transfer provided in paragraph (2) until receiving a certification
from the Office of Public School Construction pursuant to this
paragraph.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2003-04 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code for the 2003-04 fiscal
year.
SEC. 5. It is the intent of the Legislature in enacting this act
to implement the settlement agreement in the case of Williams v.
State of California (Super. Ct., San Francisco, No. CGC-00-312236)
and that local educational agencies, county offices of education, and
state agencies with responsibility for implementing this act begin
implementation as soon as practicable and with due diligence. Local
educational agencies and county offices of education should use their
best judgment as to the interpretation of provisions, recognizing
that further implementation direction from the state in the form of
statutes, regulations, and technical guidance may be provided in the
future and may supersede local interpretations. The state recognizes
that due to the date of enactment of this act and the time it will
take to allocate the funding to local educational agencies and county
offices of education, that full implementation of some of the
provisions for school terms beginning in 2004-05 is impracticable.
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 to improve the condition of school facilities and to
ensure the safety of pupils at public schools and to implement the
settlement agreement in the case of Williams v. State of California
(Super. Ct., San Francisco, No. CGC-00-312236) as soon as possible,
it is necessary for this act to take effect immediately.