BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1906
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          Date of Hearing:   April 1, 2014

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                  AB 1906 (Wilk) - As Introduced:  February 19, 2014
           
          SUBJECT  :   Community college property: direct costs for use. 

           SUMMARY  :   Authorizes a governing board of a community college  
          district (CCD) to, until January 1, 2022, charge an entity for  
          using college facilities or grounds, an amount for maintenance,  
          repair, restoration, and refurbishment, proportional to the use  
          of the entity's use of the college facilities or grounds.   
          Specifically,  this bill :  

          1)Revises the definition of  "direct costs" to mean all of the  
            following:

             a)   The share of the costs of supplies, utilities,  
               janitorial services, services of any other district  
               employees directly associated with the administration of  
               the Civic Center Act, and salaries paid to CCD employees to  
               operate and maintain college facilities or grounds that is  
               proportional to the organization's use of the college  
               facilities and grounds of the district; and,

             b)   The share of the costs for maintenance, repair,  
               restoration, and refurbishment, proportional to the use of  
               the college facilities or grounds by the organization using  
               the college facilities or grounds, as follows:

               i)     "College facilities" shall be limited to only  
                 nonclassroom space, and "grounds" shall include, but not  
                 be limited to, playing fields, athletic fields, track and  
                 field venues, tennis courts, and outdoor basketball  
                 courts;

               ii)    The share of the costs for maintenance, repair,  
                 restoration, and refurbishment shall not apply to either  
                 of the following:

                  (1)       Classroom-based programs that operate after  
                    school hours, including, but not limited to, after  
                    school programs, tutoring programs, or child care  
                    programs; and,








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                  (2)       Organizations retained by the college or CCD  
                    to provide instruction or instructional activities to  
                    students during school hours.

               iii)   Funds collected shall be deposited into a special  
                 fund that shall only be used for purposes specified in  
                 this bill.

          2)Requires the Chancellor of the California Community Colleges  
            (CCC) to, by December 31, 2015, develop, and the CCC Board of  
            Governors to adopt, regulations to be used by a governing  
            board of a community college in determining the proportionate  
            share and the specific allowable costs that a CCD may include  
            as direct costs for the use of its college facilities or  
            grounds.

          3)Sunsets on January 1, 2022, and as of that date is repealed,  
            unless a later enacted statute, that is enacted before January  
            1, 2022, deletes or extends that date.
          4)Makes clarifying and technical changes to existing law.

           EXISTING LAW  :

          1)Establishes the Civic Center Act at each community college  
            facility and grounds within the state where the citizens,  
            school-community advisory councils, senior citizens'  
            organizations clubs, and associations, may engage in  
            supervised recreational activities and hold meetings.   
            Authorizes the governing boards of the CCDs to grant the use  
            of the community college facility or grounds upon the terms  
            and conditions the governing board deems appropriate for  
            various purposes (Education Code § 82537).

          2)Requires the governing board of a CCD to authorize the use of  
            any college facilities or grounds under its control, when an  
            alternative location is not available, to nonprofit  
            organizations and clubs and associations organized for general  
            character building or welfare purposes including, but not  
            limited to: 1) Camp Fire Girls, Girl Scout troops, and Boy  
            Scout Troops; 2) student clubs and organizations; and, 3)  
            parent-teachers' associations.  Authorizes the governing board  
            to charge an amount not to exceed its direct costs for use of  
            its community college facility or grounds based on an adopted  
            policy specifying which activities will be assessed a fee.   








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            Requires the governing board to charge an amount at least  
            equal to the district's direct costs for use of the community  
            college facility or grounds by a church or religious  
            organization and fair rental value entertainments or meetings  
            where admission fees are charged or contributions are  
            solicited and the net receipts are not expended for the  
            welfare of the students of the districts or for charitable  
            purposes.  Defines "direct costs" as those costs of supplies,  
            utilities, janitorial services, services of any other district  
            employees, and salaries paid CCD employees necessitated by the  
            organization's use of the school facilities and grounds of the  
            district (EC § 82542).

           FISCAL EFFECT  :   Unknown

           COMMENTS  :    Background  .  As described in the "existing law"  
          section of this analysis, the Civic Center Act requires CCDs to  
          authorize the use of any college facilities or grounds to  
          school-related and community organizations for various purposes  
          and authorizes a CCD to charge a fee for the use of a community  
          college facility or grounds.  Governing boards of a CCD are  
          required to adopt policies specifying the type of activities  
          that require a fee.  Additionally, Existing law defines "direct  
          costs" as the costs of supplies, utilities, janitorial services,  
          and salaries of CCD employees required to facilitate an  
          organization's use of the facilities or grounds. 

          This bill, until January 1, 2022, authorizes a CCD to charge a  
          proportional amount for the maintenance, repair, restoration and  
          refurbishment for the use of non-classroom space and school  
          grounds, defined as playing fields, athletic fields, track and  
          field venues, tennis courts, and outdoor basketball courts.   
          This bill exempts classroom-based after school programs,  
          including, but not limited to, tutoring programs or child care  
          programs, and organizations serving student populations during  
          the core school day from the maintenance fee.
           
          Need for the bill  .  According to the author's office, since the  
          Civic Center Act allows community members to rent community  
          college facilities and grounds at "direct costs" only, the cost  
          does not include any share of wear of the community college  
          facility or grounds.  The author contends that this leaves the  
          CCD with the entire cost of the upkeep of the facilities.  The  
          author states, "CCCs [California Community Colleges] have  
          limited options when paying for repairs. Essentially, it must  








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          either come from a bond or their general fund.  When bond money  
          is not available, general fund money that could be going towards  
          student success must be redirected to maintain facilities.  Thus  
          much upkeep is passed over leaving students and community groups  
          with low-grade facilities." 

          According to College of the Canyons, supporters of this measure,  
          the facilities that are used the majority of the time by direct  
          cost users are those that would be too costly to rent by  
          non-direct cost users and require the highest level of  
          maintenance.  Examples of the community college facilities and  
          grounds that are most frequently rented by direct cost users  
          include, but are not limited to:  1) performing arts centers; 2)  
          outdoor stadiums, including tracks; 3) gymnasiums and locker  
          rooms; and, 4) cafeterias.  CCDs are unable to charge for any of  
          the wear and tear to their most expensive facilities, leaving  
          the costs of repairs and renovations resting solely to their  
          limited budgets.
           
          A CCD life-cycle projection is based on their projected  
          operational use; budgeting is therefore calculated on that  
          basis.  The more a facility is used, the faster its life-cycle  
          is reached; leaving the CCD to make repairs and renovations  
          sooner than anticipated.  This measure will allow, until January  
          1, 2022, a CCD to charge an entity for the expedited life-cycle  
          costs for facilities that endure a usage factor beyond that of  
          the normal CCD operations.

           Parity with school districts  .  As of January 1, 2013, school  
          districts, by way of SB 1404 (Hancock, Chapter 764, Statutes of  
          2012), are able to charge an entity for using school facilities  
          or grounds, an amount for maintenance, repair, restoration, and  
          refurbishment, proportional to the use of the entity's use of  
          the school facilities or grounds.  

          This measure will create parity between the school districts and  
          the CCDs.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          College of the Canyons
          Community College League of California
          Kern Community College District








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          Los Angeles Community College District
          South Orange County Community College Distrct

           Opposition 
           
          None on file.
           

          Analysis Prepared by  :    Jeanice Warden / HIGHER ED. / (916)  
          319-3960