BILL NUMBER: SB 132 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2011
INTRODUCED BY Senator Lowenthal
JANUARY 27, 2011
An act to add Sections 17070.31, 17070.94, and 17251.1 to
amend Sections 17211 and 17251 of, and to add Section
17070.31 to, the Education Code, and to amend Section 13102 of
the Government Code, relating to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 132, as amended, 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 and modernization of
schools.
This bill would require the State Allocation Board, on or before
July 1, 2012, to revise review the
guidelines, rules, regulations, procedures, and policies for
the acquisition of schoolsites and the construction of school
facilities pursuant to the Greene Act adopted for im
plementation of the Greene Act to ensure they
reflect the state planning priorities referenced above and
to revise those guidelines, rules, regulations procedures, and
policies as necessary . 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. Existing law requires the governing board
of a school district, before commencing the acquisition of real
property for a new schoolsite or an addition to an existing
schoolsite, to evaluate the property using the standards developed by
the department.
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) the site selection standards and the design and
construction standards developed by the department to reflect the
state planning priorities and would require the governing board of a
school district to consider whether a new schoolsite or addition
reflects the state planning priorities .
(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. The Legislature finds and declares all
of the following:
(a) The state planning priorities are intended to promote equity,
strengthen the economy, protect the environment, and promote public
health and safety. The state planning priorities promote infill
development and equity by rehabilitating, maintaining, and improving
existing infrastructure, protect environmental and agricultural
resources, and encourage efficient development patterns.
(b) High-quality schools serve as the cornerstone of sustainable
and healthy communities. The quality and location of schools affect
local land use and transportation patterns, community vitality,
economic development, and, most importantly, pupil outcomes.
(c) The state makes a significant investment in the construction
and modernization of school facilities and seeks to ensure that this
investment is consistent with state infrastructure goals.
(d) In order to achieve the state's economic and environmental
goals, it is essential that the state school facility construction
investment reflect state planning priorities.
SECTION 1. SEC. 2. Section 17070.31
is added to the Education Code, to read:
17070.31. On or before July 1, 2012, the board shall
revise any review the guidelines, rules,
regulations, procedures, and policies for the acquisition of
schoolsites and the construction and modernization
of school facilities adopted pursuant to this
chapter to ensure that they reflect the state planning
priorities set forth in Section 65041.1 of the Government Code
and shall revise them as necessary .
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. 3. Section 17211 of the Education
Code is amended to read:
17211. Prior to Before commencing
the acquisition of real property for a new schoolsite or an addition
to an existing schoolsite, the governing board of a school district
shall evaluate the property at a public hearing using the site
selection standards established by the State Department of
Education department pursuant to subdivision (b)
of Section 17251. The governing board of a school district
shall consider whether the new school site or addition reflect the
state planning priorities set forth in Section 65041.1 of the
Government Code. The governing board may direct the district's
advisory committee established pursuant to Section 17388 to evaluate
the property pursuant to those site selection standards and to report
its findings to the governing board at the public hearing.
SEC. 4. Section 17251 of the Education
Code is amended to read:
17251. The State Department of Education shall do all of the
following :
(a) Upon the request of the governing board of any
a school district, advise the governing board on
the acquisition of new schoolsites and, after a review of available
plots, give the governing board in writing a list of the recommended
locations in the order of their merit, considering especially the
matters of educational merit, safety, reduction of traffic hazards,
and conformity to the land use element in the general plan of the
city, county, or city and county having jurisdiction. The governing
board may purchase a site deemed unsuitable for school purposes by
the State Department of Education department
only after reviewing the department's report on proposed sites
at a public hearing. The department shall charge the school district
a reasonable fee for each schoolsite reviewed not to exceed the
actual administrative costs incurred for that purpose.
(b) Develop standards for use by a school district in the
selection of schoolsites, in accordance with the objectives set forth
in subdivision (a). The standards shall reflect the state
planning priorities set forth in Section 65041.1 of the Government
Code. The department shall investigate complaints of
noncompliance with site selection standards and shall notify the
governing board of the results of the investigation. If that
notification is received prior to before
the acquisition of the site, the governing board shall discuss
the findings of the investigation in a public hearing.
(c) Establish standards for use by school districts to ensure that
the design and construction of school facilities are educationally
appropriate and promote school safety. The standards shall
reflect the state planning priorities set forth in Section 65041.1 of
the Government Code.
(d) Upon the request of the governing board of any
a school district, review plans and
specifications for school buildings in the district.
The district. The department shall
charge governing boards of school districts
the school district , for the review of plans and
specifications, a reasonable fee not to exceed the actual
administrative costs incurred for that purpose.
(e) Upon the request of the governing board of any
a school district, make a survey of the building
needs of the district, advise the governing board concerning the
building needs, and suggest plans for financing a building
program to meet the needs. The department shall charge the
school district, for the cost of the survey, a reasonable fee
not to exceed the actual administrative costs incurred for that
purpose.
(f) Provide information relating to the impact or potential impact
upon any schoolsite of hazardous substances, solid waste, safety,
hazardous air emissions, and other information as the department may
deem appropriate.
SEC. 4. SEC. 5. 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 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 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 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.