BILL ANALYSIS Ó
SB 128
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Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 128 (Lowenthal) - As Amended: March 22, 2011
Policy Committee: Education
Vote:7-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes modernization grant funding provided under
the State School Facility Program (SSFP) to be used for high
performance school projects and authorizes a project funded
under the Career Technical Education (CTE) facilities program to
be eligible for High Performance Incentive (HPI) grant funding.
FISCAL EFFECT
1)State school facilities bond cost pressure, likely in the low
millions to tens of millions, to authorize modernization grant
funding to be used for high performance school projects.
Likewise, there would be additional state school facilities
bond cost pressure to increase funding for both the CTE
facilities program and the HPI program because school
districts, under this bill, are eligible to receive grant
funding from both programs, as specified.
2)According to Office of Public School Construction (OPSC),
there is approximately $73 million (of $100 million) available
for the HPI program. To date, 145 school districts have
received funding for approved HPI projects.
3)According to OPSC, there is approximately $745 million (of
$3.3 billion) available in modernization funding.
4)According to OPSC, there is approximately $33 million (of $500
million) available for the CTE facilities program. To date,
428 projects have been funded from this program.
SB 128
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COMMENTS
1)Background . AB 127 (Nunez), Chapter 35, Statutes of 2006,
authorized Proposition 1D: the Kindergarten-University Public
Education Facilities Bond Act of 2006 for $10.416 billion. The
voters passed Proposition 1D on November 7, 2006. Of the
$10.416 billion, $7.329 billion was allocated for K-12
education facilities, including $3.3 billion for modernization
projects, $100 million for HPI grants, and $500 for the CTE
facilities program.
The SSFP, administered by the SAB, provides funding primarily
to local education agencies (LEAs) to construct or modernize
education facilities. The SSFP receives funding from a
variety of sources, including the state GF and proceeds from
the sale of general obligation (G.O.) bonds. Programs under
the SSFP include new construction, modernization, the HPI, CTE
facilities, and charter school facilities.
2)Purpose . The HPI provides incentive funding to augment new
construction and modernization projects for the use of designs
and materials that promote energy and water efficiency,
natural lighting and indoor air quality, the use of recycled
materials and materials that emit a minimal amount of toxic
substances, the use of acoustics conducive to teaching and
learning, and other characteristics of high performance
schools. The HPI program is based on the rating criteria
point system of the Collaborative for High Performance Schools
(CHPS), as determined by the Division of State Architect.
According to the author, "Current law does not allow new high
performance systems to be funded under the modernization
program. While new school facilities must meet rigorous
environmental standards, our older classrooms remain
ineligible for funding for some green building systems,
creating inequities in our K-12 learning environments. We
know that school districts can save operational dollars
through the addition of energy efficiency and energy
generation systems, yet some of these building systems are not
available to districts through the state modernization
program."
SB 128
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This bill authorizes modernization grant funding to be used
for high performance school costs and authorizes CTE facility
projects to be eligible for HPI funding, as specified.
3)Previous legislation . SB 1193 (Lowenthal), 2010, increased
the modernization and new construction grants under the SSFP
by $250,000 per schoolsite (modernization) and $150,000 per
schoolsite (new construction), if a school district
incorporates the use of high performance design and materials
specified in current law. This bill was placed on the
inactive file in the Assembly in August 2010.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081