BILL NUMBER: AB 308	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 12, 2013

   An act to  amend Section 857 of the Public Utilities Code,
   add Section 17462.3 to the Education Code, 
relating to  utility property   school
facilities  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 308, as amended, Hagman.  Utility right-of-way: lease
for park purposes.   School facilities: sale or lease of
surplus real property: return of state school facilities funding
program funds.  
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities. Existing law authorizes a public
utility to lease real property acquired for purposes of obtaining a
utility right-of-way to a governmental entity for purposes of a
public park if the utility retains the use of the right-of-way for
public utility purposes, as prescribed.  
   Existing law authorizes the governing board of any school district
to sell any real property belonging to the school district, or lease
for a term not exceeding 99 years, any real property, together with
any personal property located on the real property, belonging to the
school district which is not or will not be needed by the school
district for school classroom buildings at the time of delivery of
title or possession. Existing law requires the governing board of a
school district seeking to sell or lease real property designed to
provide direct instruction or instructional support it deems to be
surplus property to first offer that property for sale or lease to
any charter school that has submitted a written request to the school
district to be notified of surplus property offered for sale or
lease by the school district. Existing law authorizes the proceeds
from the sale or lease with option to purchase to be deposited in the
general fund of the school district, to be used for one-time
expenditures, if the governing board of the school district and the
State Allocation Board have determined that the school district has
no anticipated need for additional site or building construction for
the 10-year period following the sale or lease with option to
purchase, and the school district has no major deferred maintenance
requirements. 
   This bill would  make a technical, nonsubstantive change
to provision.   authorize the State Allocation Board to
establish a program under which it would require a school district
that sells or leases real property that was purchased with, or on
which improvements were constructed that were funded with, any moneys
from a state school facilities funding program, to return to the
board the moneys the school district received from the state school
facilities funding program for the purchase or construction if
certain conditions are met, including, among other conditions, the
real property is not sold or leased to a charter school, as
specified. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 17462.3 is added to the 
 Education Code   , to read:  
   17462.3.  The State Allocation Board may establish a program that
requires a school district that sells or leases real property that
was purchased with, or on which improvements were constructed that
were funded with, any moneys from a state school facilities funding
program, to return to the State Allocation Board the moneys the
school district received from the state school facilities funding
program for the purchase or construction, if all of the following
conditions are met:
   (a) The real property is not sold or leased to a charter school
pursuant to Section 17457.5.
   (b) The proceeds from the sale or lease of the real property are
not used for capital improvements.
   (c) The real property was purchased, or the improvements were
constructed on the real property, within 10 years before the real
property is sold or leased.  
  SECTION 1.    Section 857 of the Public Utilities
Code is amended to read:
   857.  (a) A public utility that owns real property acquired for
purposes of obtaining a utility right-of-way, may lease that property
to a governmental entity for purposes of a public park, if the
public utility retains the use of the right-of-way for public utility
purposes.
   (b) In determining whether a lease of real property to a
governmental entity for park purposes is for fair value, the
commission shall include the community benefits of parks and open
space as a benefit to ratepayers.
   (c) As used in this section, "community benefits" include, but are
not limited to, improving public health, protecting the environment,
and increasing recreational assets.