BILL NUMBER: AB 751	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 13, 2011
	AMENDED IN SENATE  JUNE 28, 2011
	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member  Furutani  
Cedillo 

                        FEBRUARY 17, 2011

    An act to amend, repeal, and add Sections 1240 and 42131
of the Education Code, relating to education finance.  
An act to repeal Section 100.4 of the Streets and Highways Code,
relating to transportation, and declaring the urgency thereof, to
take effect immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 751, as amended,  Furutani   Cedillo 
.  Education finance: fiscal oversight of local educational
agencies.   Freeway construction.  
   Existing law requires the Department of Transportation to enter
into an agreement prior to any closure of a city street or county
highway due to construction of a freeway with a city council or board
of supervisors having jurisdiction. Existing law provides an
exception to those provisions for a freeway segment within the
jurisdiction of the Los Angeles County Metropolitan Transportation
Authority, if specified requirements have been met, including that an
agreement with one or more counties and cities is not possible
because an impasse has existed for 10 or more years after an initial
route was adopted. Existing law requires the department to prepare an
environmental impact report and establish an outreach program, as
specified, for any freeway constructed pursuant to this exception.
 
   This bill would repeal these provisions establishing an exception
for a freeway segment to be constructed without an agreement within
the jurisdiction of the Los Angeles County Metropolitan
Transportation Authority.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   (1) Existing law requires the county superintendent of schools to
submit 2 reports during the fiscal year to the county board of
education on the financial condition of a county office of education,
which certify if the county office of education is unable to meet
its financial obligations for the current or 2 subsequent fiscal
years or if a county office of education has a positive, qualified,
or negative certification.  
   This bill, until July 1, 2015, would require the Superintendent of
Public Instruction and the county superintendent to clearly
distinguish between specified county offices of education as part of
each of those reports, and any other report that indicated that a
county office of education is assigned a qualified certification.
 
   (2) Existing law requires the superintendent of each school
district to submit 2 reports during the fiscal year to the governing
board of the school district on the financial condition of the
district. Pursuant to these reports, existing law requires the
governing board of each school district to certify, in writing,
within 45 days after the close of the period being reported, whether
the school district is able to meet its financial obligations for the
remainder of the fiscal year and, based on current forecasts, for
the subsequent fiscal year.  
   This bill, until July 1, 2015, would require the Superintendent, a
county superintendent, and the governing board of a school district
to clearly distinguish between specified school districts as part of
each of those reports, and any other report that indicates that a
school district is assigned a qualified certification. 

   The bill, until July 1, 2015, would also require the governing
board of a school district that chooses to propose reductions or cuts
to expenditures in the current fiscal year, after being assigned a
qualified certification for a specified reason, to present that
proposal, as specified, at an open public meeting. The bill, until
July 1, 2015, would also authorize the Superintendent to waive
specified reporting, certification, and intervention requirements for
a county office of education and school district if specified
conditions are met. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 100.4 of the   Streets
and Highways Code   is repealed.  
   100.4.  Notwithstanding Section 100.2, the department may
construct a freeway, without an agreement with a county or city, on
the route determined by the commission, if all of the following
conditions have been met:
   (a) The freeway is included within the California freeway and
expressway system and a route has been adopted.
   (b) Construction has commenced, but has not been completed,
leaving an existing gap between the constructed portions of the
freeway.
   (c) In addition to the adopted route, there is at least one
feasible alternative route as determined by the department.
   (d) A draft environmental impact report or statement has been
prepared on the unconstructed portion of the freeway.
   (e) The affected freeway segment is within the jurisdiction of the
Los Angeles County Metropolitan Transportation Authority.
   (f) An agreement with one or more counties and cities pursuant to
Section 100.2 is not possible because an impasse, as evidenced by the
lack of freeway agreements by all affected jurisdictions, has
existed for 10 or more years after an initial route was adopted.
   (g) Under the conditions set forth in subdivisions (a) to (f),
inclusive, the commission shall hold public hearings as it may deem
necessary, review the draft or final environmental impact report or
statement, and consider the recommendation and records of the
authority and other documents as it may deem advisable. The
commission shall take into consideration all the traditional factors
of route selection by the state, including the question of least
adverse economic and physical impact on the communities involved, but
any previous selection by the commission or its predecessor shall
not be considered binding.
   (h) The environmental impact report or statement shall examine the
potential impacts of alternative route alignments on the communities
involved. The definition and scope of these communities shall
reflect the sense of community of residents within and immediately
adjacent to the adopted route and alternate route location.
   (i) The department shall prepare a draft environmental impact
report or statement. The commission may hold public hearings on the
draft environmental impact report or statement as it deems necessary.
The department shall prepare a final environmental impact report or
statement after the completion of the public review period of the
draft environmental impact report or statement. The commission shall
select a route after the completion of the environmental impact
report or statement.
   (j) If the route selected by the commission differs from a prior
route adopted by the commission or a prior recommendation by the
authority, the commission shall set forth, as a part of its decision
statement, the reasons for the route selected.
   (k) For any freeway constructed pursuant to this section, the
department shall establish an outreach program to maximize the
participation of businesses and professionals from within the county
in which the freeway segment is located in the construction of the
freeway segment.
   (  l  ) As used in this section, "authority"
means the Los Angeles County Metropolitan Transportation Authority,
or its predecessor, the Los Angeles County Transportation Commission.

   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to repeal certain requirements relating to freeway
construction and facilitate other opportunities as quickly as
possible, it is necessary that this act take effect immediately.
 All matter deleted in this version of the bill appears in the
bill as amended in the Senate, June 28, 2011. (JR11)