BILL ANALYSIS                                                                                                                                                                                                    



                                                                      



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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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