BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           375 (Hancock)
          
          Hearing Date:  05/28/2009           Amended: 04/14/09
          Consultant:  Dan Troy           Policy Vote: ED 7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SB 375 would authorize the State Allocation  
          Board (SAB) to review regulations and adopt regulations for  
          apportioning funds provided under the Seismic Mitigation Program  
          (SMP).  The bill would specify that apportionments from the SMP  
          shall fund repair, reconstruction, or replacement of school  
          buildings determined to be seismically at risk, and would  
          further allow the use of apportionments to fund structural  
          evaluations and interim housing costs for displaced pupils.  
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           Bond pressure          $20 million                      Bond*

          Application review     $90        $90         $90       Bond*
          *Proposition 1D
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.
          
          Current law establishes the School Facility Program (SFP) under  
          which the state provides general obligation bond funding for  
          various school construction projects including new construction,  
          modernization, joint-use facilities, and programs to  
          specifically address the construction needs of overcrowded  
          schools, charter schools, and career technical education  
          facilities.  

          Proposition 1D (AB 127, Nunez and Perata, Chapter 35, Statutes  
          of 2006) passed by the voters in November of 2006, provided up  
          to $199.5 million for the seismic mitigation of vulnerable  
          school buildings.  In April of 2008, the SAB adopted regulations  
          for the SMP, but as March of 2009, only two buildings totaling  
          $14 million in retrofitting costs have been determined eligible  
          for funding under the SMP.  These regulations require districts  










          to submit structural engineering reports that detail building  
          deficiencies to be eligible for funding.  

          According to the author's office, some districts find the cost  
          of structural evaluations and interim housing for pupils for  
          pupils in schools determined to be seismically at risk  
          prohibitive.  By allowing the SMP to fund these costs, the bill  
          is intended to encourage greater use of the program.  According  
          to the office Public School Construction, statutory  
          authorization is required to allow funding of these activities. 

          A seismic safety inventory released by the Department of General  
          Services (DGS) and the Division of the State Architect in 2002  
          estimated the cost for retrofitting school 

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          SB 375 (Hancock)

          buildings not expected to perform well in an earthquake at $4.7  
          billion, while the cost for retrofitting the most vulnerable  
          buildings at $800 million.  DGS cautions that these estimates  
          may overstate the need, as the report was based on new  
          construction applications.  Given that, some of the vulnerable  
          buildings may have already been retrofitted or replaced.  

          DGS estimates that the cost of interim pupil housing and  
          structural evaluations will increase funding pressure on the  
          bonds by $21 per square foot of seismic mitigation.  This  
          roughly represents a 10 percent increase over current costs.   
          Expressed in terms of the total amount of funding made available  
          through the SMP, this bill would have bond pressure of  
          approximately $20 million.  Also, DGS indicates a need for  
          $90,000 in additional expenditure authority for staffing related  
          to analyzing the structural reports and interim housing  
          requests.