BILL NUMBER: SB 132 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lowenthal
JANUARY 27, 2011
An act to add Sections 17070.31, 17070.94, and 17251.1 to the
Education Code, and to amend Section 13102 of the Government Code,
relating to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 132, as introduced, Lowenthal. School facilities: state
planning priorities.
(1) Existing law sets forth state planning priorities that are
intended to promote equity, strengthen the economy, protect the
environment, and promote public health and safety in the state. Those
priorities are as follows: (a) to promote infill development and
equity by rehabilitating, maintaining, and improving existing
infrastructure that supports infill development and appropriate reuse
and redevelopment of previously developed, underutilized land, (b)
to protect environmental and agricultural resources by protecting,
preserving, and enhancing the state's most valuable natural
resources, and (c) to encourage efficient development patterns by
ensuring that any infrastructure associated with development, other
than infill development, supports new development that meets
prescribed criteria.
Under the Leroy F. Greene School Facilities Act of 1998 (hereafter
the Greene Act), the State Allocation Board is charged with the
allocation of state funds to school districts for the acquisition of
schoolsites and the construction of schools.
This bill would require the State Allocation Board, on or before
July 1, 2012, to revise guidelines, rules, regulations, procedures,
and policies for the acquisition of schoolsites and the construction
of school facilities pursuant to the Greene Act to reflect the state
planning priorities referenced above. The bill also would require, on
or after July 1, 2012, a school district, as part of an application
for funding under the Greene Act, to certify that a schoolsite or
school facility included in that application promote those state
planning priorities.
(2) Existing law requires the State Department of Education, among
other things, to advise the governing board of a school district on
the acquisition of new schoolsites, to develop standards for use by a
school district in the selection of schoolsites, and to establish
standards for use by school districts to ensure that the design and
construction of school facilities are educationally appropriate and
promote school safety.
This bill would require that, on and after July 1, 2012, advice,
standards, surveys, or information regarding the acquisition of
schoolsites or the construction of school facilities provided by the
State Department of Education pursuant to this requirement reflect
the state planning priorities referenced above in paragraph (1).
(3) Existing law requires the Governor to submit annually a
proposed 5-year infrastructure plan to the Legislature in conjunction
with the Governor's Budget. Existing law requires this
infrastructure plan to include a proposal for funding the
infrastructure that includes criteria and priorities used to identify
and select the infrastructure proposed to be funded. These criteria
and priorities are required, with respect to the identification of
new, rehabilitated, modernized, improved, or renovated infrastructure
requested by state agencies, to be consistent with the state
planning priorities referenced above in paragraph (1) by January 1,
2005.
This bill would additionally require that the criteria and
priorities used to identify and select infrastructure proposed to be
funded for kindergarten through grade 12 public schools necessary to
accommodate increased enrollment, class size reduction, and school
modernization be consistent with the state planning priorities
referenced above in paragraph (1) by July 1, 2012.
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 17070.31 is added to the Education Code, to
read:
17070.31. On or before July 1, 2012, the board shall revise any
guidelines, rules, regulations, procedures, and policies for the
acquisition of schoolsites and the construction of school facilities
pursuant to this chapter to reflect the state planning priorities set
forth in Section 65041.1 of the Government Code.
SEC. 2. Section 17070.94 is added to the Education Code, to read:
17070.94. On and after July 1, 2012, as part of an application
for funding under this chapter, a school district shall certify that
any schoolsite or school facility included in that application
promotes the state planning priorities set forth in Section 65041.1
of the Government Code.
SEC. 3. Section 17251.1 is added to the Education Code, to read:
17251.1. On and after July 1, 2012, any advice, standards,
surveys, or information regarding the acquisition of schoolsites or
the construction of school facilities provided by the department
pursuant to this chapter shall reflect the state planning priorities
set forth in Section 65041.1 of the Government Code.
SEC. 4. Section 13102 of the Government Code is amended to read:
13102. In conjunction with the Governor's Budget submitted
pursuant to Section 13337, the Governor shall submit annually a
proposed five-year infrastructure plan to the Legislature. This plan
shall cover a five-fiscal-year period beginning with the fiscal year
that is the same as that covered by the Governor's Budget with which
it is being submitted.
The infrastructure plan shall contain the following information
for the five years that it covers:
(a) (1) Identification of new, rehabilitated, modernized,
improved, or renovated infrastructure requested by state agencies.
(2) Aggregate funding for transportation as identified in the
four-year State Transportation Improvement Program Fund Estimate
prepared pursuant to Sections 14524 and 14525.
(3) Infrastructure needs for Kindergarten
kindergarten through grade 12 public schools necessary to
accommodate increased enrollment, class size reduction, and school
modernization.
(4) The instructional and instructional support facilities needs
for the University of California, the California State University,
and the California Community Colleges.
(b) The estimated cost of providing the infrastructure identified
in subdivision (a).
(c) A proposal for funding the infrastructure identified in
subdivision (a), that includes all of the following:
(1) Criteria and priorities used to identify and select the
infrastructure it does propose to fund, including criteria used to
identify and select infrastructure that by January 1, 2005
July 1, 2012 , shall be consistent with the
state planning priorities specified pursuant to Section 65041.1 for
infrastructure requested by state agencies pursuant to
paragraph paragraphs (1) and (3) of
subdivision (a).
(2) Sources of funding, including, but not limited to, General
Fund, state special funds, federal funds, general obligation bonds,
lease revenue bonds, and installment purchases.
(3) An evaluation of the impact of the new state debt on the state'
s existing overall debt position if the plan proposes the issuance of
new state debt.
(4) (A) Recommended specific projects for funding or the
recommended type and amount of infrastructure to be funded in order
to meet programmatic objectives that shall be identified in the
proposal.
(B) Any capital outlay or local assistance appropriations intended
to fund infrastructure included in the Governor's Budget shall
derive from, and be encompassed by, the funding proposal contained in
the plan.