BILL NUMBER: SB 35 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Torlakson
DECEMBER 4, 2006
An act to amend Sections 17077.40 and 17077.42 of the Education
Code, relating to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 35, as introduced, Torlakson. School facilities: joint-use
facilities.
(1) Existing law authorizes the State Allocation Board to provide
a grant to fund joint-use projects to construct facilities on
kindergarten and grades 1 to 12, inclusive, schoolsites if the school
district demonstrates that the project meets specified criteria.
Existing law conditions eligibility for a joint-use grant on, among
other things, demonstration by a school district that (a) it has
entered into a joint-use agreement with a specified joint-use partner
that specifies the amount of the contribution to be made by the
school district and the joint-use partner toward the 50% local share
of eligible project costs, and (b) the joint-use partner has agreed
to contribute at least 25% of eligible project costs, as specified.
This bill would also authorize joint-use projects to construct
facilities on property that is adjacent to a schoolsite and is owned
by the state.
The bill would expand the types of allowable projects available to
be built pursuant to the joint-use agreements to include a career
technical building or shop, science and technology laboratory,
science center, historical or cultural education center, performing
arts center, and physical education and outdoor recreational site
development.
(2) Existing law authorizes school districts to enter into a
joint-use agreement with specified entities.
This bill would authorize joint-use projects to include any
combination of those specified entities as partners.
The bill would further provide that joint-use agreements shall
ensure that the school district maintains priority for use of any
facilities constructed.
The bill would authorize the inclusion of the value of land or
real property as part of the local contribution for a joint-use
project, if the real property is owned by the school district that
was not purchased through the school facility program or the real
property is owned by others that would be gifted to the school
district and upon which the joint-use project would be built.
(3) Existing law requires a local partner to contribute at least
25% of eligible project costs in order to participate in the
joint-use program.
This bill would authorize a local partner to contribute less than
25% under the joint-use agreement depending upon the needs and
resources of the various partners.
(4) Existing law authorizes a monetary contribution to meet the
25% contribution requirement for a partner who wishes to enter into a
joint-use agreement with a school district.
This bill would authorize the contribution to include equipment,
consumable materials, and personnel.
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. Section 17077.40 of the Education Code is amended to
read:
17077.40. (a) With funds made available for the purposes of this
article, the board may provide a grant to fund joint-use projects to
construct facilities on kindergarten to grade
and grades 1 to 12, inclusive, schoolsites or on property
that is adjacent to a schoolsite and is owned by the state at the
time of application for funding under this article for the project
.
(b) A school district may apply to the board for funding under
this article for a project that meets any of the following criteria:
(1) The joint-use project is part of an application for new
construction funding under this chapter, and will increase the size
or extra cost associated with the joint use of the proposed
multipurpose room, gymnasium, child care facility, library,
career technical building or shop, science and technology laboratory,
science center with exhibits or educational programs that meet
current state content standards, historical or cultural education
center with exhibits or educational programs that meet current state
content standards, performing arts center, physical education and
outdoor recreation site development, or teacher education
facility beyond that necessary for school use.
(2) The joint-use project proposes to either
either to reconfigure existing school buildings or
construct new school buildings, or both, to provide for a
multipurpose room, a gymnasium, a
library, a child care facility,
career technical building or shop, science and technology la
boratory, science center with exhibits or educational programs
that meet current state content standards, historical or cultural
education center with exhibits or educational programs that meet
current state content standards, performing arts center, physical
education and outdoor recreation site development, or
a teacher education facility and the project will be
located at or adjacent to a school that does not have the
type of facility for which funds are requested or the existing
facility is inadequate.
(3) The joint-use project proposes to either
either to reconfigure existing school buildings or
construct new school buildings, or both, to provide for facilities to
improve pupil academic achievement, and the plans for the facility
were accepted for review and approval by the department prior to
January 1, 2004.
SEC. 2. Section 17077.42 of the Education Code is amended to read:
17077.42. In order to be approved for a grant under this article,
the applicant school district shall demonstrate that it
has complied with all of the following:
(a) The school district has entered into a joint-use agreement
with a governmental agency, public community college, public college
or public university, or a nonprofit organization , or any
combination thereof, approved by the board.
(b) The joint-use agreement specifies the method of sharing
capital and operating costs, specifies relative responsibilities for
the operation and staffing of the facility, and specifies the manner
in which the safety of the pupils will be ensured.
(c) The joint-use agreement specifies the amount of the
contribution to be made by the school district and the joint-use
partner toward the 50 percent local share of eligible project costs.
A school district may include the value of land or real property
as part of the local contribution for a joint-use project, if the
land or real property is district property not paid or acquired
through the school facility pr ogram, or real property
owned by others that would be gifted to the district and upon which
the joint-use project would be built. The contribution made by
a joint-use partner shall be no less than 25 percent of eligible
project costs, unless an agreement has been reached for the
joint-use partner to contribute less than 25 percent due to the needs
and resources of the school district or the joint-use partner, or
unless the school district has passed a local bond which
specifies that such funds are to be used for the joint-use project,
in which case the school district may opt to provide up to the full
50 percent local share of eligible costs. The contribution of a
joint-use partner may include equipment, consumable materials, and
personnel.
(d) The school district demonstrates that the facility will be
used to the maximum extent possible for both school and community
purposes, or both school and higher education purposes, as
applicable. A facility created by the joint-use agreement with
joint-use partners shall be a public facility with access to the
facility guaranteed for public use. In addition, the joint-use
agreement shall ensure that the school district maintains priority
for use of any facilities constructed.
(e) (1) The project application qualifies for funding under
paragraph (1) of subdivision (b) of Section 17077.40 and the school
district has received all approvals necessary for apportionment under
this chapter.
(2) The project qualifies for funding under paragraph (2) or (3)
of subdivision (b) of Section 17077.40 and the school district has
completed preliminary plans for the project and has received
State Department of Education department
approval of the plans.