BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 316
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 316 (Block) - As Amended:  May 28, 2013 

          Policy Committee:                             Education Vote:7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires, on or after January 1, 2016, all  
          modernization projects submitted to the Division of State  
          Architects (DSA) to include locks that allow doors to classrooms  
          and any room with an occupancy of five or more persons to be  
          locked from the inside.  Specifically, this bill:  

          1)Requires the State Allocation Board (SAB) to adopt regulations  
            to adjust the modernization per-pupil grant allowance to  
            reflect the associated costs of installing locks.  

          2)Requires a school district, if federal funding becomes  
            available for purposes of school safety, to first consider  
            using these funds to install locks that are lockable from the  
            inside of every classroom and every room with an occupancy of  
            five or more persons.  

           FISCAL EFFECT  

          1)Annual state school construction bond cost pressure, of  
            approximately $1.65 million, to require locks that allow doors  
            to classrooms or any other specified room to be locked from  
            the inside, as specified.  According to the State Department  
            of Education, 7,083 classrooms need to be modernized annually  
            for the next five years to meet the state's need.

          2)GF administrative costs, likely less than $100,000, to the SAB  
            to adopt regulations, as specified.  

          3)AB 127 (Nunez), Chapter 35, Statutes of 2006, authorized  
            Proposition 1D: the Kindergarten-University Public Education  
            Facilities Bond Act of 2006 for $10.416 billion. The voters  








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            passed Proposition 1D on November 7, 2006. Of the $10.416  
            billion, $7.329 billion is allocated for K-12 education  
            facilities.  Of the amount provided for K-12 facilities, $3.3  
            billion is for modernization.  According to the Office of  
            Public School Construction, there is no modernization funding  
            remaining under Proposition 1D.

           COMMENTS  

           1)Purpose  .  In April 1999, two high school students at Columbine  
            High School in Columbine, CO used semi-automatic weapons to  
            kill twelve students, a teacher, and injured twenty-three  
            others at the high school.  The students went through several  
            rooms in the school, including the cafeteria and library,  
            shooting students and school staff.  Since this time, there  
            have been numerous incidents of violence taking place at  
            school sites whether instigated by students or members of the  
            surrounding neighborhoods.  The most recent incident occurred  
            in Newtown, Connecticut in December 2011 when the son of a  
            teacher entered Sandyhook Elementary school and used automatic  
            weapons to kill 20 first graders and six adults.      

            The California Federation of Teachers (CFT), sponsor of this  
            bill, argue the ability to lockdown a school (temporary  
            confinement of students and staff to classrooms, offices, and  
            other rooms) during or following threats/disturbances is an  
            effective tool used to facilitate the safety of both students  
            and staff during a dangerous situation.  CFT further argues  
            that many schoolsite staff store their keys in areas where  
            they do not have immediate access to them and a majority of  
            doors in rooms where staff and students are located can only  
            be locked from the outside.

            This bill requires, on or after January 1, 2016, all school  
            facility modernization projects to include locks that allow  
            doors to classrooms and any room with an occupancy of five or  
            more persons to be locked from the inside.    

           2)Existing law  requires all proposed K-12 school modernization  
            projects to be approved by the DSA, which reviews  
            architectural plans for compliance with the Field Act (seismic  
            safety), fire, life and safety requirements, and  
            specifications under the Americans with Disability Act.  DSA  
            grants reviews projects for compliance with the California  
            Building Standards (CBS) code, as specified.  








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            The CBS code prohibits manually operated flush bolts or  
            surface bolts on all exiting doors except those in residential  
            dwellings and for storage or equipment rooms.  In addition,  
            the California Fire code specifies that "exit doors shall be  
            openable from the inside without the use of a key or any  
            special knowledge or effort.  Exit doors shall not be locked,  
            chained, bolted, barred, latched or otherwise rendered  
            unusable.  All locking devices shall be of an approved type."   
            These code requirements ensure that occupants are easily able  
            to exit a building or classroom in a panic situation, such as  
            a fire or earthquake.  

            AB 211 (Mendoza), Chapter 430, Statutes of 2010, requires K-12  
            new construction projects, on or after January 1, 2011, to  
            include locks that allow doors to classrooms or any room with  
            the occupancy of five or more persons to be locked from the  
            inside.  This bill proposes to extend this requirement to K-12  
            modernization projects and, as specified.   

           3)Lack of school facility program modernization funding  .  As  
            referenced above, there is no modernization funding available  
            for allocation to school districts under the state school  
            facilities program.  Likewise, there is not a K-12 school  
            facilities bond measure scheduled to be before the voters. 

            Given the lack of state school facility modernization funds  
            and the fact that a bond measure is not scheduled to go before  
            the voters, the committee may wish to consider whether or not  
            a January 2016 operative date is appropriate without an  
            assurance of a dedicated funding source.        

            This bill also requires the SAB to adjust the state  
            modernization per pupil grant amount to account for the  
            installation of locks.  This language could lead to a  
            precedent that whenever requirements are added to the school  
            facility modernization program grant amounts are increased for  
            this purpose.  The committee may wish to consider whether or  
            not this language is appropriate.  
           
          4)Should there be a monetary threshold that a modernization  
            project must meet in order for the requirement to install  
            locks be activated  ?  Under this bill, a school district  
            seeking to complete a minor modernization project (e.g.,  
            $50,000 or less) on a school building would be required to  








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            ensure its applicable classrooms and rooms comply with the  
            lock requirements of this measure.  This could add thousands  
            of dollars to a relatively small project.  The committee  
            recommends the author consider adding a minimum monetary  
            threshold that would trigger the provisions of this bill to  
            apply.    

           5)Previous legislation  .  AB 85 (Mendoza), similar to this  
            measure, was held on this committee's Suspense File in May  
            2011.  



           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081