BILL NUMBER: AB 2864	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De Leon

                        FEBRUARY 22, 2008

   An act to amend Sections 17072.35 and 17074.25 of the Education
Code, relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2864, as introduced, De Leon. School facilities: energy
efficiency.
   Existing law, the Leroy F. Greene School Facilities Act of 1998,
administered by the Director of General Services, authorizes the
State Allocation Board to apportion funds to school districts that
have been determined by the board to meet eligibility requirements
for new construction funding or for modernization funding. A grant
for new construction may be used for any and all costs necessary to
adequately house new pupils in any approved project, including the
costs of designs and materials that promote the efficient use of
energy and water, the maximum use of natural lighting and indoor air
quality, the use of recycled materials and materials that emit a
minimum of toxic substances, the use of acoustics conducive to
teaching and learning and the costs of energy efficiency analyses,
reports, design, and components. A modernization apportionment may be
used for an improvement to extend the useful life of, or to enhance
the physical environment of, the school.
   This bill would state the intent of the Legislature to encourage
school districts to strive to achieve "grid neutrality" through
investments in renewable energy components for new school
construction projects. This bill would allow a portion of a grant for
new construction or a modernization apportionment to be used for the
costs of purchase and installation of renewable energy components,
including solar panels, power systems, and photovoltaic (PV) systems.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  It is the intent of the Legislature to encourage school
districts to achieve "grid neutrality" through investments in
renewable energy components for new school construction projects that
will increase their energy efficiency and reduce their maintenance
and operation costs.
  SEC. 2.  Section 17072.35 of the Education Code is amended to read:

   17072.35.   (   a)    A grant for new
construction may be used for any and all costs necessary to
adequately house new pupils in any approved project, and those costs
may only include the cost of design, engineering, testing,
inspection, plan checking, construction management, site acquisition
and development, evaluation and response action costs relating to
hazardous substances at a new or existing schoolsite, demolition,
construction, acquisition and installation of portable classrooms,
landscaping, necessary utility costs, utility connections and other
fees, equipment including telecommunication equipment to increase
school security, furnishings, and  the upgrading 
 upgrade  of electrical systems or the wiring or cabling of
classrooms in order to accommodate educational technology.  A

    (b)     A  grant for new construction
 may  also  may  be used to acquire an
existing government or privately owned building, or a privately
financed school building, and for the necessary costs of converting
the government or privately owned building for public school use.
 A 
    (c)     A  grant for new construction
 may  also  may  be used for the costs of
designs and materials that promote the efficient use of energy and
water, the maximum use of natural lighting and indoor air quality,
the use of recycled materials and materials that emit a minimum of
toxic substances, the use of acoustics conducive to teaching and
learning, and other characteristics of high performance schools.
    (d)     A portion of a grant for new
construction may be used for the costs of purchase and installation
of renewable energy components, including solar panels, power
systems, and photovoltaic (PV) systems, pursuant to Article 10.5
(commencing   with Section 17077.30). 
  SEC. 3.  Section 17074.25 of the Education Code is amended to read:

   17074.25.   (a)    A modernization apportionment
may be used for an improvement to extend the useful life of, or to
enhance the physical environment of, the school. The improvement may
only include the cost of design, engineering, testing, inspection,
plan checking, construction management, demolition, construction, the
replacement of portable classrooms, necessary utility costs, utility
connection and other fees, the purchase and installation of
air-conditioning equipment and insulation materials and related
costs, furniture and equipment, including telecommunication equipment
to increase school security, fire safety improvements, playground
safety improvements,  the  identification,
assessment, or abatement of hazardous asbestos, seismic safety
improvements, and  the upgrading   upgrade 
of electrical systems or the wiring or cabling of classrooms in
order to accommodate educational technology. A modernization grant
may not be used for costs associated with acquisition and development
of real estate or for routine maintenance and repair. 
   (b) A portion of a modernization apportionment may be used for the
costs of purchase and installation of renewable energy components,
including solar panels, power systems, and photovoltaic (PV) systems,
pursuant to Article 10.5 (commencing with Section 17077.30).