California Legislature—2013–14 Regular Session

Assembly Bill No. 1664

Introduced by Assembly Member Hagman

February 12, 2014

An act to amend Sections 17462.3 and 17489 of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1664, as introduced, Hagman. School facilities: sale or lease of real property.

(1) Existing law authorizes the State Allocation Board to establish a program under which it would require a school district, county office of education, or charter school that sells real property that was purchased with or modernized 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, county office of education, or charter school received from the state school facilities funding program for the purchase, modernization, or construction if certain conditions are met. Under this program, moneys received within 10 years before the real property is sold would be required to be returned if the real property is not sold to a charter school, a school district, a county office of education, or an agency that will use the property exclusively for the delivery of child care and development services, in accordance with a statute that requires property first be offered to a charter school before alternate disposition.

This bill would specify that, under the authorized program, the moneys would have to be returned if the real property is not sold to a charter school in accordance with that statute, or if the real property is not sold to a school district, a county office of education, or an agency that will use the property exclusively for the delivery of child care and development services if the real property has been deemed to be surplus and a charter school has not accepted an offer to purchase or lease.

(2) Existing law requires the governing board of a school district, before selling or leasing a schoolsite consisting in whole or in part of land suited or used for outdoor recreation, if a charter school has not accepted an offer to purchase or lease the schoolsite pursuant to a specified statute, to first offer to sell or lease that portion of the schoolsite suited for outdoor recreation, to the extent not retained by the governing board, to one of specified local agencies.

This bill would exempt from this requirement land to which this provision would otherwise apply, but which is subject to the provisions described in (1) above because it was purchased with or modernized with, or improvements were constructed on it that were funded with, any moneys from a state school facilities funding program. The bill would authorize the governing board of a school district in this instance, after first offering the schoolsite for sale or lease to a charter school pursuant to a prescribed statute, to offer to sell or lease the property to another school district, a county office of education, or an agency that will use the property exclusively for the delivery of child care and development services before offering to sell or lease the property to one of the local agencies referenced above.

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 17462.3 of the Education Code is
amended to read:

17462.3.  

(a) The State Allocation Board may establish a
program that requires a school district, county office of education,
or charter school that sells real property that was purchased with
or modernized 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, county office of education, or charter
school received from the state school facilities funding program
for the purchase, modernization, or construction if all of the
following conditions are met:

(1) The real property is not sold to a charter school begin insert pursuant to
Section 17457.5 end insert , a school district, a county office of education, or
an agency that will use the property exclusively for the delivery
of child care and development services begin delete , end delete pursuant to Section
begin delete 17457.5 end delete begin insert 17458 end insert .

(2) The proceeds from the sale of the real property are not used
for capital outlay.

(3) The real property was purchased, or the improvements were
constructed or modernized on the real property, within 10 years
before the real property is sold.

(b) The moneys to be returned to the State Allocation Board
under this section are those received within 10 years before the
real property is sold.

(c) If a portion of the real property is sold, a proportionate
amount of funds received from a state school facilities funding
program shall be returned to the State Allocation Board under this
section based on the percentage of the real property sold.

SEC. 2.  

Section 17489 of the Education Code is amended to
read:

17489.  

(a)  begin delete Notwithstanding end delete begin insert (1) end insert begin insert   end insert begin insert Other than as specified in
paragraph (2), and notwithstanding end insert Section 54222 of the
Government Code, the governing board of a school district, before
selling or leasing a schoolsite containing land described in Section
17486, excluding that portion of a schoolsite retained by the
governing board of the school district pursuant to Section 17490,
shall, if a charter school has not accepted an offer to purchase or
lease the schoolsite pursuant to Section 17457.5, first offer to sell
or lease that portion of the schoolsite consisting of land described
in Section 17486, excluding that portion retained by the governing
board of the school district pursuant to Section 17490, to the
following public agencies in accordance with the following
priorities:

begin delete

(1)

end delete

begin insert ( end insert begin insert A) end insert  First, to any city within which the land may be situated.

begin delete

(2)

end delete

begin insert ( end insert begin insert B) end insert  Second, to any park or recreation district within which the
land may be situated.

begin delete

(3)

end delete

begin insert ( end insert begin insert C) end insert  Third, to any regional park authority having jurisdiction
within the area in which the land is situated.

begin delete

(4)

end delete

begin insert ( end insert begin insert D) end insert  Fourth, to any county within which the land may be situated.

begin insert

(2) The governing board of a school district, before selling or
leasing a schoolsite to which paragraph (1) would otherwise apply,
but which was purchased with or modernized with, or on which
improvements were constructed that were funded with, any moneys
from a state school facilities funding program, and to which
subdivision (a) of Section 17462.3 is applicable, after first offering
the schoolsite for sale or lease to a charter school that has
requested notification pursuant to Section 17457.5, may offer to
sell or lease the property to another school district, a county office
of education, or an agency that will use the property exclusively
for the delivery of child care and development services pursuant
to Section 17458 before offering to sell or lease the property to
the entities listed in subparagraphs (A) to (D), inclusive, of
paragraph (1).

end insert

(b) The governing board of the school district shall have
discretion to determine whether the offer shall be an offer to sell
or an offer to lease.

(c) An entity which proposes to purchase or lease a schoolsite
offered by a school district shall notify the school district of its
intention, in writing, within 60 days after receiving written
notification from the school district of its offer to sell or lease.