BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 132|
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THIRD READING
Bill No: SB 132
Author: Lowenthal (D)
Amended: 5/11/11
Vote: 21
SENATE EDUCATION COMMITTEE : 8-2, 5/4/11
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Liu, Price,
Simitian, Vargas
NOES: Runner, Huff
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/23/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
SUBJECT : School facilities: state planning priorities
SOURCE : Author
DIGEST : This bill requires the State Allocation Board to
review and revise, as necessary, its guideline, rules,
regulations, procedures, and policies, and the California
Department of Education to modify site, building, and
design standards to ensure that K-12 school facility
construction projects reflect the state planning
priorities, and makes other conforming changes.
ANALYSIS : Existing law establishes state planning
priorities intended to promote equity, strengthen the
economy, protect the environment, and promote public health
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and safety in the state. The specific priorities are to:
1.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
that is presently served by transit, streets, water,
sewer, and other essential services, particularly in
underserved areas, and to preserving cultural and
historic resources.
2.Protect environmental and agricultural resources by
protecting, preserving, and enhancing the state's most
valuable natural resources, including working landscapes
such as farm, range, and forest lands, natural lands such
as wetlands, watersheds, wildlife habitats, and other
wildlands, recreation lands such as parks, trails,
greenbelts, and other open space, and landscapes with
locally unique features and areas identified by the state
as deserving special protection.
3.Encourage efficient development patterns by ensuring that
infrastructure:
A. Uses land efficiently.
B. Is built adjacent to existing developed areas.
C. Is located in an area appropriately planned for
growth.
D. Is served by adequate transportation and other
essential utilities and services.
E. Minimizes ongoing costs to taxpayers.
Existing law requires the Governor, in conjunction with the
annual budget, to submit a proposed five-year
infrastructure plan to the Legislature and specifies that
such a plan identify new, rehabilitated, modernized,
improved, or renovated infrastructure requested by state
agencies. Among other things, the report must also include
the criteria and priorities used to identify and select
state agency requested infrastructure (which must be
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consistent with state planning priorities) that it proposes
to fund.
Existing law requires the California Department of
Education (CDE) to, among other things, develop standards
for site selection and establish standards to ensure that
design and construction of school facilities are
educationally appropriate and promote school safety.
Existing law prohibits the apportionment of funds to school
districts for school construction projects unless, among
other things, the school district has obtained written
approval of the CDE that site selection and building plans
and specifications comply with the adopted standards.
Existing law requires that, prior to commencing acquisition
of property for a new schoolsite or as an addition to an
existing schoolsite, the local school district governing
board must, at a public hearing, evaluate the property
using the site selection standards established by the CDE.
This bill:
1.Requires that, by July 1, 2012, the State Allocation
Board (SAB) review and revise, as necessary, its
guidelines, rules, regulations, procedures and policies
for school construction and modernization to ensure that
they reflect specified state planning priorities.
2.Requires that, prior to commencing acquisition of real
property for a new schoolsite or by adding an existing
schoolsite, the local school district governing board
consider whether the new site or addition reflect the
state planning priorities.
3.Expands the content of the five year infrastructure plan,
which the Governor is required to submit to the
Legislature annually, to include information, to be
provided to the Governor by the CDE and the SAB, on the
extent to which the CDEs site selection standards and
design and construction standards and the SABs
procedures, and policies for the construction and
modernization of school facilities are consistent the
state planning priorities.
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4.Makes other technical and conforming changes.
5.Makes related findings and declarations.
Comments
Changes midstream ? This bill requires the SAB to review
and revise, as necessary, guidelines, rules, regulations
procedures, and policies for school construction and
modernization by July 1 2012. There are currently a number
of school facility construction projects "in the pipeline"
awaiting funding from the sale of currently authorized
bonds.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
SAB: review and Minor and absorbable
workload General
report
CDE: review and Minor and absorbable
workload General
report
Revisions/changes Potentially significant cost
pressure General*
*Proposition 1D or other future K-12 construction bonds
SUPPORT : (Verified 5/24/11)
American Federation of State, County and Municipal
Employees, AFL-CIO
American Planning Association - California Chapter
California Farm Bureau Federation
California Infill Builders Association
Green-Collar Jobs Campaign
Fresno Unified School District
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Los Angeles Unified School District
Natural Resources Defense Council
State Building and Constructions Trades Council
Superintendent of Public Instruction
United States Green Building Council -- California
OPPOSITION : (Verified 5/26/11)
California Building Industry Association
ARGUMENTS IN SUPPORT : According to the author's office,
school quality and location affects local and use
transportation patterns, community vitality, economic
development and student outcomes. Unfortunately, schools
are typically absent from sustainability-oriented
infrastructure and policy discussions. Many state school
facility policies are not structured to support broader
sustainable development objectives. This bill will ensure
the state's school facility construction investment
reflects the state planning priorities.
ARGUMENTS IN OPPOSITION : In opposition, the California
Building Industry Association states (CBIA), "SB 132 places
new, burdensome regulatory mandates on one of the State's
best run and most successful infrastructure program, the
Leroy F. Greene School Facilities Act of 1998, and in doing
so imposes significant new roadblocks to the already
difficult task of securing adequate school sites for new
elementary, middle and high schools in areas with
increasing school age populations."
CBIA further contends that this bill is in direct conflict
with long-standing objectives of the state school facility
construction and modernization program which is to assist
communities where there is a demonstrated need for new
classrooms.
CPM:cm 5/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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