BILL NUMBER: AB 1244 CHAPTERED 09/29/03 CHAPTER 572 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2003 APPROVED BY GOVERNOR SEPTEMBER 28, 2003 PASSED THE ASSEMBLY SEPTEMBER 5, 2003 PASSED THE SENATE SEPTEMBER 3, 2003 AMENDED IN SENATE SEPTEMBER 2, 2003 AMENDED IN SENATE JULY 15, 2003 AMENDED IN ASSEMBLY JUNE 3, 2003 AMENDED IN ASSEMBLY MAY 5, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 INTRODUCED BY Assembly Members Chu and Dutra FEBRUARY 21, 2003 An act to amend Sections 17073.15, 17073.20, and 17074.10 of the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGEST AB 1244, Chu. School facilities funding: modernization. Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. Existing law makes eligible for state funding a permanent school building that is more than 25 years old, or a portable classroom that is at least 20 years old, and that prior to November 4, 1998, had not been previously modernized with state funding. This bill would delete the eligibility requirement that a school building not have been previously modernized with state funding and would allow an additional apportionment to be made for the modernization of permanent school buildings every 25 years following the date of the previous apportionment and, in the case of portable classrooms, every 20 years after the date of the previous apportionment. The bill would require the board to require a school district to use the modernization funds it receives for a portable classroom that is eligible for a second modernization to replace the portable classroom and to certify that the existing eligible portable classroom will be removed from any classroom use unless the district is able to document that modernizing the portable classroom is a better use of public resources. The bill would prohibit the capacity and eligibility of the school district from being adjusted for replacing the portable classroom. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 17073.15 of the Education Code is amended to read: 17073.15. A school district is eligible to receive an apportionment for the modernization of a permanent school building that is more than 25 years old or a portable classroom that is at least 20 years old. A school district is eligible to receive an additional apportionment for the modernization of a permanent school building every 25 years after the date of the previous apportionment or a portable classroom every 20 years after the date of the previous apportionment. SEC. 2. Section 17073.20 of the Education Code is amended to read: 17073.20. Funding may be approved for the modernization of any permanent school building that is more than 25 years old, or, any portable classroom that is more than 20 years old, as described in Section 17071.30. SEC. 3. Section 17074.10 of the Education Code is amended to read: 17074.10. (a) The board shall determine the total funding eligibility of a school district for modernization funding by multiplying the following amounts by each pupil of that grade level housed in permanent school buildings that satisfy the requirements of Section 17073.15: (1) Two thousand two hundred forty-six dollars ($2,246) for each elementary pupil. (2) Two thousand three hundred seventy-six dollars ($2,376) for each middle school pupil. (3) Three thousand one hundred ten dollars ($3,110) for each high school pupil. (b) The board shall annually adjust the factors set forth in subdivision (a) according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the board. (c) The board may adopt regulations to be effective until July 1, 2000, that adjust the amounts identified in this section for qualifying individuals with exceptional needs, as defined in Section 56026. The regulations shall be amended after July 1, 2000, in consideration of the recommendations provided pursuant to Section 17072.15. (d) It is the intent of the Legislature that the amounts provided pursuant to this article for school modernization not include funding for administrative and overhead costs. (e) For a school district having an enrollment of 2,500 or less for the prior fiscal year, the board may approve a supplemental apportionment of up to two thousand five hundred dollars ($2,500) for any modernization project assistance. The amount of the supplemental apportionment shall be adjusted in 2001 and every year thereafter by an amount equal to the percentage adjustment for class B construction. (f) For a portable classroom that is eligible for a second modernization, the board shall require the school district to use the modernization funds to replace the portable classroom and to certify that the existing eligible portable classroom will be removed from any classroom use unless a district is able to document that modernizing the portable classroom is a better use of public resources. The capacity and eligibility of the school district may not be adjusted for replacing a portable classroom pursuant to this subdivision and Section 17073.15.