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 SB 316 Page 2 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. SB 316 Page 3 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 SB 316 Page 4 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