BILL NUMBER: AB 2557	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2014

INTRODUCED BY   Assembly Member  Williams   Pan

    (   Principal   coauthors:  
Assembly Members   Campos   and Williams  
) 
    (   Coauthor:   Assembly Member  
Dickinson   ) 
    (   Coauthors:   Senators   Beall,
  Hill,   and Steinberg   ) 

                        FEBRUARY 21, 2014

    An act to amend Section 78230 of the Education Code,
relating to community colleges.   An act to amend
Section 130060 of the Health and Safety Code, relating to health
facilities. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2557, as amended,  Williams   Pan  .
 Community colleges: intersession extension programs.
  Hospitals: seismic safety.  
   Existing law, the Alfred E. Alquist Hospital Facilities Seismic
Safety Act of 1983, establishes, under the jurisdiction of the Office
of Statewide Health Planning and Development, a program of seismic
safety building standards for certain hospitals constructed on and
after March 7, 1973.  
   Existing law requires that, after January 1, 2008, any general
acute care hospital building that is determined to be a potential
risk of collapse or pose significant loss of life be used only for
nonacute care hospital purposes, except that the office may grant a
5-year extension under prescribed circumstances. Existing law also
allows the office to grant an additional 2-year extension in
specified circumstances.  
   This bill would clarify that a general acute care hospital
building described above may be used for purposes other than nonacute
care hospital purposes if an extension of the January 1, 2008,
deadline has been granted and, before the end of the extension, a
replacement building has been constructed or a retrofit has been
performed, as specified. The bill would authorize a hospital located
in the County of Sacramento, San Mateo, or Santa Barbara or the City
of San Jose that has received the additional 2-year extension to the
January 2008 deadline pursuant to specified provisions to request an
additional extension until September 1, 2015, to obtain either a
certificate of occupancy for a replacement building or a construction
final for a building on which a retrofit has been performed. 

   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Counties of Sacramento,
San Mateo, and Santa Barbara and the City of San Jose.  

   Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Under existing law, community college
districts are established throughout the state and authorized to
maintain campuses and provide instruction to students. 

   Existing law, until January 1, 2018, authorizes community college
districts to establish and maintain extension programs meeting
specified characteristics at 6 community college campuses during
summer and winter intersessions. The 6 campuses authorized under
existing law are the College of the Canyons, Crafton Hills College,
Long Beach City College, Oxnard College, Pasadena City College, and
Solano Community College.  
   Existing law states the intent of the Legislature that at least
one campus of the California Community Colleges should begin
implementation of the pilot program by January 2014 and that an
additional 5 campuses should implement the pilot program by July 1,
2014.  
   This bill would delete Pasadena City College from the group of
community college campuses authorized to participate in this program.

   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 130060 of the   Health
and Safety Code   is amended to read: 
   130060.  (a) (1) After January 1, 2008, any general acute care
hospital building that is determined to be a potential risk of
collapse or pose significant loss of life shall only be used for
nonacute care hospital  purposes. A delay in this 
   purposes, unless an extension of this deadline has
been granted and either of the following occurs before the end of the
extension:  
   (A) A replacement building has been constructed and a certificate
of occupancy has been granted by the office for the replacement
building.  
   (B) A retrofit has been performed on the building and a
construction final has been obtained by the office. 
    (2)     An extension of the  deadline
may be granted by the office upon a demonstration by the owner that
compliance will result in a loss of health care capacity that may not
be provided by other general acute care hospitals within a
reasonable proximity. In its request for an extension of the
deadline, a hospital shall state why the hospital is unable to comply
with the January 1, 2008, deadline requirement. 
   (2) 
    (3)  Prior to granting an extension of the January 1,
2008, deadline pursuant to this section, the office shall do all of
the following:
   (A) Provide public notice of a hospital's request for an extension
of the deadline. The notice, at a minimum, shall be posted on the
office's Internet Web site, and shall include the facility's name and
identification number, the status of the request, and the beginning
and ending dates of the comment period, and shall advise the public
of the opportunity to submit public comments pursuant to subparagraph
(C). The office shall also provide notice of all requests for the
deadline extension directly to interested parties upon request of the
interested parties.
   (B) Provide copies of extension requests to interested parties
within 10 working days to allow interested parties to review and
provide comment within the 45-day comment period. The copies shall
include those records that are available to the public pursuant to
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
   (C) Allow the public to submit written comments on the extension
proposal for a period of not less than 45 days from the date of the
public notice.
   (b) (1) It is the intent of the Legislature, in enacting this
subdivision, to facilitate the process of having more hospital
buildings in substantial compliance with this chapter and to take
nonconforming general acute care hospital inpatient buildings out of
service more quickly.
   (2) The functional contiguous grouping of hospital buildings of a
general acute care hospital, each of which provides, as the primary
source, one or more of the hospital's eight basic services as
specified in subdivision (a) of Section 1250, may receive a five-year
extension of the January 1, 2008, deadline specified in subdivision
(a) of this section pursuant to this subdivision for both structural
and nonstructural requirements. A functional contiguous grouping
refers to buildings containing one or more basic hospital services
that are either attached or connected in a way that is acceptable to
the State Department of Health Care Services. These buildings may be
either on the existing site or a new site.
   (3) To receive the five-year extension, a single building
containing all of the basic services or at least one building within
the contiguous grouping of hospital buildings shall have obtained a
building permit prior to 1973 and this building shall be evaluated
and classified as a nonconforming, Structural Performance Category-1
(SPC-1) building. The classification shall be submitted to and
accepted by the Office of Statewide Health Planning and Development.
The identified hospital building shall be exempt from the requirement
in subdivision (a) until January 1, 2013, if the hospital agrees
that the basic service or services that were provided in that
building shall be provided, on or before January 1, 2013, as follows:

   (A) Moved into an existing conforming Structural Performance
Category-3 (SPC-3), Structural Performance Category-4 (SPC-4), or
Structural Performance Category-5 (SPC-5) and Non-Structural
Performance Category-4 (NPC-4) or Non-Structural Performance
Category-5 (NPC-5) building.
   (B) Relocated to a newly built compliant SPC-5 and NPC-4 or NPC-5
building.
   (C) Continued in the building if the building is retrofitted to a
SPC-5 and NPC-4 or NPC-5 building.
   (4) A five-year extension is also provided to a post-1973 building
if the hospital owner informs the Office of Statewide Health
Planning and Development that the building is classified as SPC-1,
SPC-3, or SPC-4 and will be closed to general acute care inpatient
service use by January 1, 2013. The basic services in the building
shall be relocated into a SPC-5 and NPC-4 or NPC-5 building by
January 1, 2013.
   (5) SPC-1 buildings, other than the building identified in
paragraph (3) or (4), in the contiguous grouping of hospital
buildings shall also be exempt from the requirement in subdivision
(a) until January 1, 2013. However, on or before January 1, 2013, at
a minimum, each of these buildings shall be retrofitted to a SPC-2
and NPC-3 building, or no longer be used for general acute care
hospital inpatient services.
   (c) On or before March 1, 2001, the office shall establish a
schedule of interim work progress deadlines that hospitals shall be
required to meet to be eligible for the extension specified in
subdivision (b). To receive this extension, the hospital building or
buildings shall meet the year 2002 nonstructural requirements.
   (d) A hospital building that is eligible for an extension pursuant
to this section shall meet the January 1, 2030, nonstructural and
structural deadline requirements if the building is to be used for
general acute care inpatient services after January 1, 2030.
   (e) Upon compliance with subdivision (b), the hospital shall be
issued a written notice of compliance by the office. The office shall
send a written notice of violation to hospital owners that fail to
comply with this section. The office shall make copies of these
notices available on its Internet Web site.
   (f) (1) A hospital that has received an extension of the January
1, 2008, deadline pursuant to subdivision (a) or (b) may request an
additional extension of up to two years for a hospital building that
it owns or operates and that meets the criteria specified in
paragraph (2), (3), or (5).
   (2) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
   (A) The hospital building is under construction at the time of the
request for extension under this subdivision and the purpose of the
construction is to meet the requirements of subdivision (a) to allow
the use of the building as a general acute care hospital building
after the extension deadline granted by the office pursuant to
subdivision (a) or (b).
   (B) The hospital building plans were submitted to the office and
were deemed ready for review by the office at least four years prior
to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.
   (C) The hospital received a building permit for the construction
described in subparagraph (A) at least two years prior to the
applicable deadline for the building.
   (D) The hospital submitted a construction timeline at least two
years prior to the applicable deadline for the building demonstrating
the hospital's intent to meet the applicable deadline. The timeline
shall include all of the following:
   (i) The projected construction start date.
   (ii) The projected construction completion date.
   (iii) Identification of the contractor.
   (E) The hospital is making reasonable progress toward meeting the
timeline set forth in subparagraph (D), but factors beyond the
hospital's control make it impossible for the hospital to meet the
deadline.
   (3) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
   (A) The hospital building is owned by a health care district that
has, as owner, received the extension of the January 1, 2008,
deadline, but where the hospital is operated by an unaffiliated
third-party lessee pursuant to a facility lease that extends at least
through December 31, 2009. The district shall file a declaration
with the office with a request for an extension stating that, as of
the date of the filing, the district has lacked, and continues to
lack, unrestricted access to the subject hospital building for
seismic planning purposes during the term of the lease, and that the
district is under contract with the county to maintain hospital
services when the hospital comes under district control. The office
shall not grant the extension if an unaffiliated third-party lessee
will operate the hospital beyond December 31, 2010.
   (B) The hospital building plans were submitted to the office and
were deemed ready for review by the office at least four years prior
to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.
   (C) The hospital received a building permit for the construction
described in subparagraph (B) by December 31, 2011.
   (D) The hospital submitted, by December 31, 2011, a construction
timeline for the building demonstrating the hospital's intent and
ability to meet the deadline of December 31, 2014. The timeline shall
include all of the following:
   (i) The projected construction start date.
   (ii) The projected construction completion date.
   (iii) Identification of the contractor.
   (E) The hospital building is under construction at the time of the
request for the extension, the purpose of the construction is to
meet the requirements of subdivision (a) to allow the use of the
building as a general acute care hospital building after the
extension deadline granted by the office pursuant to subdivision (a)
or (b), and the hospital is making reasonable progress toward meeting
the timeline set forth in subparagraph (D).
   (F) The hospital granted an extension pursuant to this paragraph
shall submit an additional status report to the office, equivalent to
that required by subdivision (c) of Section 130061, no later than
June 30, 2013.
   (4) An extension granted pursuant to paragraph (3) shall be
applicable only to the health care district applicant and its
affiliated hospital while the hospital is operated by the district or
an entity under the control of the district.
   (5) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
   (A) The hospital owner submitted to the office, prior to June 30,
2009, a request for review using current computer modeling utilized
by the office and based upon software developed by the Federal
Emergency Management  Agency,   Agency (FEMA),
 referred to as Hazards US, and the building was deemed SPC-1
after that review.
   (B) The hospital building plans for the building are submitted to
the office and deemed ready for review by the office prior to July 1,
2010. The hospital shall indicate, upon submission of its plans, the
SPC-1 building or buildings that shall be retrofitted or replaced to
meet the requirements of this section as a result of the project.
   (C) The hospital receives a building permit from the office for
the construction described in subparagraph (B) prior to January 1,
2012.
   (D) The hospital submits, prior to January 1, 2012, a construction
timeline for the building demonstrating the hospital's intent and
ability to meet the applicable deadline. The timeline shall include
all of the following:
   (i) The projected construction start date.
   (ii) The projected construction completion date.
   (iii) Identification of the contractor.
   (E) The hospital building is under construction at the time of the
request for the extension, the purpose of the construction is to
meet the requirements of subdivision (a) to allow the use of the
building as a general acute care hospital building after the
extension deadline granted by the office pursuant to subdivision (a)
or (b), and the hospital is making reasonable progress toward meeting
the timeline set forth in subparagraph (D).
   (F) The hospital owner completes construction such that the
hospital meets all criteria to enable the office to issue a
certificate of occupancy by the applicable deadline for the building.

   (6) A hospital located in the County of Sacramento, San Mateo, or
Santa Barbara or the City of San Jose that has received an additional
extension pursuant to paragraph (2) or (5) may request an additional
extension until September 1, 2015, to obtain either a certificate of
occupancy from the office for a replacement building, or a
construction final from the office for a building on which a retrofit
has been performed.  
   (6) 
    (7)  A hospital denied an extension pursuant to this
subdivision may appeal the denial to the Hospital Building Safety
Board. 
   (7) 
    (8)  The office may revoke an extension granted pursuant
to this subdivision for any hospital building where the work of
construction is abandoned or suspended for a period of at least one
year, unless the hospital demonstrates in a public document that the
abandonment or suspension was caused by factors beyond its control.
   (g) (1) Notwithstanding subdivisions (a), (b), (c), and (f), and
Sections 130061.5 and 130064, a hospital that has received an
extension of the January 1, 2008, deadline pursuant to subdivision
(a) or (b) also may request an additional extension of up to seven
years for a hospital building that it owns or operates. The office
may grant the extension subject to the hospital meeting the
milestones set forth in paragraph (2).
   (2) The hospital building subject to the extension shall meet all
of the following milestones, unless the hospital building is
reclassified as SPC-2 or higher as a result of its Hazards US score:
   (A) The hospital owner submits to the office, no later than
September 30, 2012, a letter of intent stating whether it intends to
rebuild, replace, or retrofit the building, or remove all general
acute care beds and services from the building, and the amount of
time necessary to complete the construction.
   (B) The hospital owner submits to the office, no later than
September 30, 2012, a schedule detailing why the requested extension
is necessary, and specifically how the hospital intends to meet the
requested deadline.
   (C) The hospital owner submits to the office, no later than
September 30, 2012, an application ready for review seeking
structural reassessment of each of its SPC-1 buildings using current
computer modeling based upon software developed by FEMA, referred to
as Hazards US.
   (D) The hospital owner submits to the office, no later than
January 1, 2015, plans ready for review consistent with the letter of
intent submitted pursuant to subparagraph (A) and the schedule
submitted pursuant to subparagraph (B).
   (E) The hospital owner submits a financial report to the office at
the time the plans are submitted pursuant to subparagraph (D). The
report shall demonstrate the hospital owner's financial capacity to
implement the construction plans submitted pursuant to subparagraph
(D).
   (F) The hospital owner receives a building permit consistent with
the letter of intent submitted pursuant to subparagraph (A) and the
schedule submitted pursuant to subparagraph (B), no later than July
1, 2018.
   (3) To evaluate public safety and determine whether to grant an
extension of the deadline, the office shall consider the structural
integrity of the hospital's SPC-1 buildings based on its Hazards US
scores, community access to essential hospital services, and the
hospital owner's financial capacity to meet the deadline as
determined by either a bond rating of BBB or below or the financial
report on the hospital owner's financial capacity submitted pursuant
to subparagraph (E) of paragraph (2). The criteria contained in this
paragraph shall be considered by the office in its determination of
the length of an extension or whether an extension should be granted.

   (4) The extension or subsequent adjustments granted pursuant to
this subdivision may not exceed the amount of time that is reasonably
necessary to complete the construction specified in paragraph (2).
   (5) If the circumstances underlying the request for extension
submitted to the office pursuant to paragraph (2) change, the
hospital owner shall notify the office as soon as practicable, but in
no event later than six months after the hospital owner discovered
the change of circumstances. The office may adjust the length of the
extension granted pursuant to paragraphs (2) and (3) as necessary,
but in no event longer than the period specified in paragraph (1).
   (6) A hospital denied an extension pursuant to this subdivision
may appeal the denial to the Hospital Building Safety Board.
   (7) The office may revoke an extension granted pursuant to this
subdivision for any hospital building when it is determined that any
information submitted pursuant to this section was falsified, or if
the hospital failed to meet a milestone set forth in paragraph (2),
or where the work of construction is abandoned or suspended for a
period of at least six months, unless the hospital demonstrates in a
publicly available document that the abandonment or suspension was
caused by factors beyond its control.
   (8) Regulatory submissions made by the office to the California
Building Standards Commission to implement this section shall be
deemed to be emergency regulations and shall be adopted as emergency
regulations.
   (9) The hospital owner that applies for an extension pursuant to
this subdivision shall pay the office an additional fee, to be
determined by the office, sufficient to cover the additional
reasonable costs incurred by the office for maintaining the
additional reporting requirements established under this section,
including, but not limited to, the costs of reviewing and verifying
the extension documentation submitted pursuant to this subdivision.
This additional fee shall not include any cost for review of the
plans or other duties related to receiving a building or occupancy
permit.
   (10) This subdivision shall become operative on the date that the
State Department of Health Care Services receives all necessary
federal approvals for a 2011-12 fiscal year hospital quality
assurance fee program that includes three hundred twenty million
dollars ($320,000,000) in fee revenue to pay for health care coverage
for children, which is made available as a result of the legislative
enactment of a 2011-12 fiscal year hospital quality assurance fee
program.
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances facing
hospitals in the Counties of Sacramento, San Mateo, and Santa Barbara
and the City of San Jose that are working on meeting seismic safety
building standards.  
  SECTION 1.    Section 78230 of the Education Code
is amended to read:
   78230.  (a) For the purposes of this section, the following terms
have the following meanings:
   (1) "Eligible community college campus" means one of the following
campuses:
   (A) College of the Canyons.
   (B) Crafton Hills College.
   (C) Long Beach City College.
   (D) Oxnard College.
   (E) Solano Community College.
   (2) "Eligible community college district" means a community
college district with an eligible community college campus.
   (b) (1) The Office of the Chancellor of the California Community
Colleges shall establish a voluntary pilot program through which an
eligible community college campus may establish and maintain
extension programs offering credit courses during summer and winter
intersessions. The governing board of an eligible community college
district may request to participate in the pilot program.
   (2) It is the intent of the Legislature that at least one
participating campus should begin implementation of the pilot program
by January 2014, and that an additional four campuses should
implement the pilot program by July 1, 2014.
   (c) An extension program established pursuant to this section
shall have all of following characteristics:
   (1) The program shall be self-supporting and all costs associated
with the program shall be recovered.
   (2) Enrollment in the pilot program shall not be reported for
state apportionment funding, but program enrollment shall be open to
the public pursuant to Section 51006 of Title 5 of the California
Code of Regulations.
   (3) The program shall be developed in conformance with this code
and Division 6 (commencing with Section 50001) of Title 5 of the
California Code of Regulations related to community college credit
courses.
   (4) The program shall be subject to community college district
collective bargaining agreements.
   (5) The program shall apply to all courses leading to
certificates, degrees, or transfer preparation.
   (d) (1) To participate in the pilot program, an eligible community
college district shall satisfy all of the following criteria:
   (A) The district shall have served a number of students equal to,
or beyond, its funding limit for the two immediately prior academic
years, as provided in the annual Budget Act and as reported by the
Office of the Chancellor of the California Community Colleges.
   (B) The district shall not have received a stability adjustment to
state apportionment funding pursuant to Section 58776 of Title 5 of
the California Code of Regulations in the prior two years.
   (C) All courses offered for credit that receive state
apportionment funding shall meet basic skills, transfer, or workforce
development objectives.
   (D) The district shall prioritize enrollment of students in
courses offered that receive state apportionment funding in
conformance with the legal authority of the governing board of the
community college district, Section 66025.8 of this code, and Section
58108 of Title 5 of the California Code of Regulations, by promoting
policies that prioritize enrollment in courses that receive state
apportionment funding of students who are fully matriculated, as
defined in Section 78212, and making satisfactory progress toward a
basic skills, transfer, or workforce development goal.
   (E) The district shall prioritize enrollment in the extension
program courses as follows:
   (i) First priority shall be given to current community college
students who are eligible for resident tuition.
   (ii) Second priority shall be given to students who are eligible
for resident tuition.
   (F) (i) The district shall limit the enrollment of students funded
by the state in activity courses, as defined in Section 55041 of
Title 5 of the California Code of Regulations. An applicant district
shall not claim state apportionment funding for students who repeat
either credit courses or noncredit physical education, or visual or
performance arts courses that are part of the same sequence of
courses, unless the student is doing so to meet degree or other local
community college district requirements and is in compliance with
Section 55041 of Title 5 of the California Code of Regulations.
   (ii) This subparagraph does not apply to disabled students taking
adaptive activity courses, students participating in intercollegiate
athletics, or students with an approved educational plan majoring in
physical education or the performing arts.
   (2) The Office of the Chancellor of the California Community
Colleges, to the extent feasible, shall determine whether an eligible
community college district meets the criteria outlined in paragraph
(1) prior to its participation in the pilot program.
   (e)  For a student who is not categorically exempt from
nonresident tuition, the community college district shall charge all
statutorily authorized fees applicable to nonresident students,
including, but not limited to, fees authorized pursuant to Section
76141 or 76142, for his or her enrollment in courses offered pursuant
to the pilot program.
   (f)  The governing board of an eligible community college district
shall not expend General Fund moneys to establish and maintain the
extension program.
   (g)  An extension credit course shall not supplant any course
funded with state apportionments and shall not be offered at times or
in locations that supplant or limit the offering of programs that
receive state funding or in conjunction with courses that receive
state apportionment funding. An eligible community college district
shall not reduce a state-funded course section needed by students to
achieve basic skills, workforce training, or transfer goals, with the
intent of reestablishing those course sections as part of the
extension program. The governing board of an eligible community
college district shall annually certify compliance with this
subdivision by board action taken at a regular session of the board.
                    (h)  A degree credit course offered as an
extension course shall meet all of the requirements of subdivision
(a) of Section 55002 of Title 5 of the California Code of
Regulations, as it exists on January 1, 2013.
   (i)  The governing board of an eligible community college district
may charge students enrolled in an extension course a fee that
covers the actual cost of the course and that is based upon the
district's nonresident fee rate for the year the course is offered.
For purposes of this subdivision, "actual cost" includes the actual
cost of instruction, necessary equipment and supplies, student
services and institutional support, and other costs of the community
college district used in calculating the costs of education for
nonresident students, including the administrative costs incurred by
the Office of the Chancellor of the California Community Colleges in
providing oversight of the pilot program.
   (j)  In order to assist in providing access to extension courses
for students eligible for the Board of Governors fee waiver,
one-third of the revenue collected pursuant to subdivision (i) shall
be used by the district to provide financial assistance to these
students. In addition to the one-third of the revenues collected, a
participating district shall supplement financial assistance with
funds from campus foundations or any other nonstate funds.
   (1) Each participating community college district shall develop a
plan for collecting and disbursing financial assistance provided
pursuant to this subdivision.
   (2) Participating districts shall include a description of the
financial assistance plan in their annual reports to the Office of
the Chancellor of the California Community Colleges in accordance
with subdivision (n). Participating districts shall report, at a
minimum, all of the following:
   (A) The number and percentage of participating students who are
receiving financial assistance.
   (B) The criteria used for determining eligibility for, and
prioritizing awards of, financial assistance for students.
   (C) Methods for communicating financial assistance information to
students.
   (D) Total amount of financial aid disbursed and the sources of the
aid.
   (E) Information on the proportion of students whose extension
program fees are subsidized with financial assistance, the percentage
of total fees that is paid by financial assistance for individual
students, with this information aggregated in ways that assist in
evaluating the consequence and equity of the financial assistance
program, and the sources of the financial assistance.
   (k)  A community college district maintaining an extension program
under this section shall make every effort to encourage broad
participation in the program and support access for students eligible
for Board of Governors fee waivers, including, but not limited to,
providing students with information about financial aid programs, the
American Opportunity Tax Credit, military benefits, scholarships,
and other financial assistance that may be available to students, as
well as working with campus foundations to provide financial
assistance for students attending extension programs. In addition,
the district shall adopt enrollment priority and student support
policies ensuring that students who are eligible for state financial
aid are not disproportionately shifted from courses that receive
state apportionment funding to courses offered under the pilot
program.
   (l) (1) Each eligible community college district participating in
the pilot program shall do both of the following:
   (A) Collect and keep records that measure student participation,
student demographics, and student outcomes in a manner consistent
with records collected by community college districts in regular
credit programs supported through state apportionments, including an
analysis of program effects, if any, on district workload and
district financial status. A community college district shall submit
this information to the Office of the Chancellor of the California
Community Colleges by October 1 of each year.
   (B) Submit a schedule of fees established pursuant to subdivision
(i) to the Chancellor of the California Community Colleges by August
1 of each year.
   (2) The chancellor shall submit all of the information provided by
community college districts pursuant to paragraph (1) to the
Legislative Analyst's Office by November 1 of each year.
   (3) (A) No later than January 1, 2017, the Legislative Analyst's
Office shall, pursuant to Section 9795 of the Government Code,
provide to the Legislature a written report that evaluates the pilot
program established by this article.
   (B) The report shall include all of the following:
   (i) Summary statistics relating to course offerings, student
enrollment, including demographic data on the students enrolled in
courses, if available, financing, student use of financial aid,
funding, and course completion rates for the pilot program.
   (ii) A determination of the extent to which the pilot program
complies with statutory requirements and the extent to which the
pilot program results in expanded access for students.
   (iii) An assessment of the effect of the pilot program on the
availability of, and enrollment in, courses that receive state
apportionment funding, with particular attention to the demographic
makeup and financial aid status of students enrolled in those
courses.
   (iv) Recommendations as to whether the pilot program should be
extended, expanded, or modified. In making recommendations, the
Legislative Analyst's Office shall consider alternative approaches
that might achieve the goal of expanded access without increasing
state funding.
   (m)  Courses offered by the extension program established and
maintained under this section may only be offered during summer and
winter intersessions.
   (n) (1) No later than March 31, 2014, the Board of Governors of
the California Community Colleges shall adopt reporting requirements
for the pilot program that conform with the requirements of Article 2
(commencing with Section 84030) of Chapter 1 of Part 50, and the
information reported shall be included in the annual audit process.
   (2) An eligible community college district that fails to comply
with the requirements established by the Board of Governors of the
California Community Colleges for the pilot program pursuant to
paragraph (1) or no longer meets the criteria set forth in
subdivision (d) shall be ineligible for participation in the pilot
program.