BILL ANALYSIS Ó
AB 1664
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Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1664 (Hagman) - As Amended: April 22, 2014
Policy Committee: EducationVote:7-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes a school district selling or leasing a
school site that was purchased, modernized, or improved with
moneys from a state school facilities funding program (SFP), to
offer to sell or lease the property to another school district,
a county office of education (COE), or a governmental agency
that provides child care and development services, after first
offering the schoolsite for sale or lease to a charter school.
FISCAL EFFECT
Potential reduction in one-time SFP savings to the extent
districts would have otherwise been required to return proceeds
from the sale of property to the state. Any revenue returned to
the State Allocation Board (SAB) is available to the SFP for
other projects.
COMMENTS
1)Purpose . According to the author's office, this bill is
intended to prevent school districts complying with the Naylor
Act from having to return state bond funds pursuant AB 308
(Hagman), Chapter 496, Statutes of 2013.
2)Background. The "Naylor Act" was established by SB 1562,
Chapter 277, Statutes of 1996 with the intent to preserve open
space (school playgrounds, playing fields and recreational
property) during the sale or lease of property by allowing a
school district to offer the space to entities such as cities
and parks. This bill adds the authority for a school district
to offer open-space property to a school district, COE or
governmental agency that provides child care and development
AB 1664
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services, prior to offering the property to a city, park or
recreation district, regional park authority or a county
pursuant to the Naylor Act. Charter schools currently have
priority over ALL entities for access to this space.
AB 308 authorizes the SAB, a 10 member board that allocates
and administers the SFP and state bond funds, to establish a
process whereby a school district, COE or a charter school
that sells real property funded with any state bond funds to
return the portion received from the state, if the funds are
not used for capital outlay purposes. To date, the SAB has
not created a process to recover funds pursuant to AB 308.
The author is concerned that a school district complying with
the Naylor Act by selling open-space property to a city,
county, or park authority would be required to return the
amount received from state bond funds pursuant to AB 308.
3)Opposition. The Coalition for Adequate School Housing (CASH)
is opposed to the bill based on their assertion that school
districts are adequately able to manage their assets under the
current statute. According to CASH, "Current Education Code
and Government Code provisions regarding disposition and
prioritization of surplus properties by K-12 school districts
are complex and can cause confusion. However, we do not
believe AB 308 and the Naylor Act are in conflict, and we
caution against adding to statutory complexity by making
further changes."
Analysis Prepared by : Misty Feusahrens / APPR. / (916)
319-2081