BILL NUMBER: AB 2469 CHAPTERED 08/25/04 CHAPTER 303 FILED WITH SECRETARY OF STATE AUGUST 25, 2004 APPROVED BY GOVERNOR AUGUST 24, 2004 PASSED THE ASSEMBLY AUGUST 12, 2004 PASSED THE SENATE JULY 12, 2004 AMENDED IN SENATE JUNE 30, 2004 AMENDED IN ASSEMBLY APRIL 12, 2004 INTRODUCED BY Committee on Higher Education (Liu (Chair), Pacheco (Vice Chair), Bogh, Shirley Horton, Jackson, Lowenthal, Matthews, Nakanishi, and Negrete McLeod) FEBRUARY 19, 2004 An act to amend Sections 67312 and 89009 of the Education Code, and to amend Section 10860 of the Public Contract Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 2469, Committee on Higher Education. Public postsecondary education. (1) Existing law establishes the various segments of the public higher education system in the state. These segments include the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges, the California State University, which is administered by the Trustees of the California State University, and the University of California, which is administered by the Regents of the University of California. An existing provision requires, commencing in January 1990, and every 2 years thereafter, the board of governors and the trustees, and requests the regents, to submit a report to the Governor, the education policy committees of the Legislature, and the California Postsecondary Education Commission on formulas and procedures for allocating specified state funds. Existing law requires the commission to review these reports and to submit its comments and recommendations to the Governor and the education policy committees of the Legislature. This bill would delete the requirement that the commission review these reports and submit comments and recommendations to the Governor and the education policy committees of the Legislature. (2) Existing law authorizes the Trustees of the California State University to sell and lease interests in real property, not needed for campus purposes, which are included within the land that comprises Camarillo State Hospital. This provision requires the trustees to report to the Governor and Legislature by September 1 of each year on the revenues obtained from sales and leases made pursuant to this authority and the expenditures made based upon those revenues during the prior fiscal year. This bill would provide that no report is to be made in 2005 and would instead require the trustees to make this report every other year, commencing in 2006. (3) Existing law requires the Trustees of the California State University and the Department of General Services, in conjunction with the Integrated Waste Management Board, to present conclusions and recommendations with respect to revisions in specified procurement policies for recycled paper products as part of an annual report that the department is required to submit. This bill would delete this provision. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 67312 of the Education Code is amended to read: 67312. (a) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, for their respective systems, and the Regents of the University of California may, do the following: (1) Work with the California Postsecondary Education Commission and the Department of Finance to develop formulas or procedures for allocating funds authorized under this chapter. (2) Adopt rules and regulations necessary to the operation of programs funded pursuant to this chapter. (3) Maintain the present intersegmental efforts to work with the California Postsecondary Education Commission and other interested parties, to coordinate the planning and development of programs for students with disabilities, including, but not necessarily limited to, the establishment of common definitions for students with disabilities and uniform formats for reports required under this chapter. (4) Develop and implement, in consultation with students and staff, a system for evaluating state-funded programs and services for disabled students on each campus at least every five years. At a minimum, these systems shall provide for the gathering of outcome data, staff and student perceptions of program effectiveness, and data on the implementation of the program and physical accessibility requirements of Section 794 of Title 29 of the Federal Rehabilitation Act of 1973. (b) Commencing in January 1990, and every two years thereafter, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall, for their respective systems, and the Regents of the University of California may, submit a report to the Governor, the education policy committees of the Legislature, and the California Postsecondary Education Commission on the evaluations developed pursuant to subdivision (a). These biennial reports shall also include a review on a campus-by-campus basis of the enrollment, retention, transition, and graduation rates of disabled students. SEC. 2. Section 89009 of the Education Code is amended to read: 89009. (a) It is the intent of the Legislature that the land and improvements comprising the Camarillo State Hospital be transferred to the trustees to be developed and improved as a campus of the California State University in order to make public postsecondary education more available to qualified persons in the Ventura County area as well as throughout the state. (b) Upon approval by the trustees, the Department of General Services shall transfer the land and improvements comprising the Camarillo State Hospital to the trustees. The Department of General Services shall be reimbursed for its administrative costs incurred in connection with the transfer, and an amount not to exceed five thousand dollars ($5,000) is hereby appropriated from the General Fund to the department for that purpose. (c) (1) In order to raise revenues to assist in building a campus of the California State University and to provide a source of funding for the program thereof, the trustees may sell and lease interests in real property included within the land comprising Camarillo State Hospital that are not needed for campus purposes. The proceeds from any sale or lease pursuant to this section shall be deposited in local trust accounts and are available for expenditure for the improvement of real property of the campus and funding the programs of the campus. Funds so deposited and maintained may be invested in accordance with state law and are continuously appropriated without regard to fiscal year for the purpose of building, maintaining, and funding a campus of the California State University in Ventura County at the site of the Camarillo State Hospital. (2) By September 1 of every other year, commencing in 2006, the trustees shall report to the Governor and the Legislature on the revenues obtained from sales and leases made pursuant to this subdivision and the expenditures made based upon those revenues during the two prior fiscal years. No report shall be made in 2005. (d) This section shall be liberally construed to accomplish the intent of the Legislature. (e) This section does not apply to the approximately 57-acre noncontiguous parcel of the Camarillo State Hospital property located on Lewis Road in Ventura County. SEC. 3. Section 10860 of the Public Contract Code is amended to read: 10860. (a) The trustees shall revise the procedures and specifications for purchases of paper products to give preference, wherever feasible, to the purchase of paper products containing recycled paper products pursuant to Section 10855. (b) The trustees shall give purchase preference to recycled paper products when both of the following apply: (1) The products can be substituted for, and cost no more than, nonrecycled paper products. (2) The products meet all applicable standards and regulations. (c) To encourage the use of postconsumer material, the trustees' specifications shall require recycled paper product contracts to be awarded to the bidder whose paper product contains the greater percentage of postconsumer material if the fitness and quality and price meet the requirements in this section and Section 10855. (d) (1) The trustees shall set the following goals for the purchasing of recycled paper products: (A) By January 1, 1992, at least 35 percent of the total dollar amount of paper products purchased or procured by the trustees shall be purchased as a recycled paper product. (B) By January 1, 1994, at least 40 percent of the total dollar amount of paper products purchased or procured by the trustees shall be purchased as a recycled paper product. (C) By January 1, 1996, at least 50 percent of the total dollar amount of paper products purchased or procured by the trustees shall be purchased as a recycled paper product. (2) If, at any time a goal has not been met, the trustees and the Department of General Services, in consultation with the California Integrated Waste Management Board, shall review procurement policies and shall make recommendations for immediate revisions to ensure that each goal is met. Revisions include, but are not limited to, providing a purchasing preference and altering the goals.