BILL NUMBER: AB 986 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gipson
FEBRUARY 26, 2015
An act to amend Section 17280 71093
of the Education Code, relating to school facilities.
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 986, as amended, Gipson. School facilities: Field Act.
Community Colleges: Compton Community College
District: report.
Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law requires the board of governors to
appoint a chief executive officer, known as the Chancellor of the
California Community Colleges. Existing law provides for the
establishment of community college districts throughout the state,
including the Compton Community College District. Existing law
authorizes these districts to provide instruction to students at the
campuses operated by these districts.
Existing law authorizes the board of governors to suspend the
authority of the Board of Trustees of the Compton Community College
District for a period lasting until June 30, 2011, plus a period
lasting until the chancellor, the Fiscal Crisis and Management
Assistance Team, the Director of Finance, and the Secretary for
Education concur with the special trustee that the district, for 2
consecutive academic years, has met the requirements of the
comprehensive assessment conducted, and the recovery plan prepared,
pursuant to existing law. Existing law, in the event of a suspension,
authorizes the chancellor to appoint a special trustee to manage the
district, as specified.
This bill would require the special trustee to report to the
Legislature concerning the priorities identified in each Fiscal
Crisis and Management Assistance Team report and to provide a
response on how the special trustee intends to resolve the issues
identified in the Fiscal Crisis and Management Assistance Team report
in a timely manner, not to exceed 150 days from receipt of the
report. In any instance that there is a decline in performance
identified in a report, the special trustee would be required to also
specifically identify strategies for ensuring progress in its
response to that report. By imposing additional duties on a community
college district, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
The Field Act requires the Department of General Services under
the police power of the state to supervise the design and
construction of any school building or the reconstruction or
alteration of or addition to any school building, if not exempted, to
ensure that plans and specifications comply with the adopted rules
and regulations and building standards published in regulations, and
to ensure that the work of construction is performed in accordance
with the approved plans and specifications for the protection of life
and property.
This bill would make nonsubstantive changes to the provision
described above.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 71093 of the
Education Code is amended to read:
71093. Notwithstanding any other provision of law:
(a) The board of governors may authorize the chancellor to suspend
the authority of the Board of Trustees of the Compton Community
College District, or of any of the members of that board, to exercise
any powers or responsibilities or to take any official actions with
respect to the management of the district, including any of the
district's assets, contracts, expenditures, facilities, funds,
personnel, or property. The board of governors may authorize
suspension for a period up to five years from the effective date of
Assembly Bill 318 of the 2005-06 Regular Session, plus a period
lasting until the chancellor, the Fiscal Crisis and Management
Assistance Team, the Director of Finance, and the Governor concur
with the special trustee that the district has, for two consecutive
academic years, met the requirements of the comprehensive assessment
conducted, and the recovery plan prepared, pursuant to Section
41329.59.
(b) A suspension authorized by this section becomes effective
immediately upon the delivery of a document to the administrative
offices of the Compton Community College District that sets forth the
finding of the chancellor that a suspension pursuant to this section
is necessary for the establishment of fiscal integrity and security
in that district.
(c) (1) If and when the chancellor suspends the authority of the
Board of Trustees of the Compton Community College District or any of
its members pursuant to this section, the chancellor may appoint a
special trustee as provided in paragraph (3) of subdivision (c) of
Section 84040, at district expense, to manage the district. The
chancellor is authorized to assume, and delegate to the special
trustee, those powers and duties of the Board of Trustees of the
Compton Community College District that the chancellor determines,
with the approval of the board of governors, are necessary for the
management of that district. The Board of Trustees of the Compton
Community College District may not exercise any of the duties or
powers assumed by the chancellor under this section.
(2) The chancellor may appoint as a special trustee under this
section a person who has served in a similar capacity prior to the
enactment of the act that adds this section. A special trustee
appointed under this section shall serve at the pleasure of the
chancellor.
(3) Notwithstanding any other provision of law, in order to
facilitate the appointment of the special trustee, the chancellor is
exempt, for the purposes of this section, from the requirements of
Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of
the Military and Veterans Code and Part 2 (commencing with Section
10100) of Division 2 of the Public Contract Code.
(d) Notwithstanding any other provision of law, at any time that
this section is in effect, the chancellor is authorized to assume,
and delegate to the special trustee, those powers and duties of the
Compton Community College District Personnel Commission that the
chancellor determines are necessary for the management of the
personnel functions of the Compton Community College District. The
personnel commission may not exercise any of the powers or duties
assumed by the chancellor.
(e) Notwithstanding any other provision of law, if the special
trustee has been a member of the State Teachers' Retirement System or
the Public Employees' Retirement System at any time prior to
appointment, he or she shall, for the period of service as special
trustee, be a member of the system to which he or she belonged,
unless the special trustee elects, in writing, not to be a member. If
the special trustee chooses to be a member, the special trustee
shall be placed on the payroll of the district, or the payroll of
another local education agency or other entity with which the
district has an exchange agreement pursuant to Section 87422 or other
applicable provisions of law, for the purpose of providing
appropriate contributions to the applicable retirement system.
(f) The special trustee appointed pursuant to this section is
authorized to do all of the following:
(1) Implement substantial changes in the fiscal policies and
practices of the Compton Community College District.
(2) Revise the academic program of the Compton Community College
District to reflect realistic income projections in response to the
dramatic effect of the changes in fiscal policies and practices upon
program quality.
(3) Encourage all members of the college community to accept a
fair share of the burden of the full recovery of the Compton
Community College District in the five operational areas of finance,
academics, personnel facilities, and governance.
(4) Enter into agreements on behalf of the Compton Community
College District and, subject to any contractual and statutory
obligation of the Compton Community College District, change any
existing district rules, regulations, policies, or practices as
necessary for the effective implementation of the recovery plan. Any
agreement authorized by this section shall be binding upon the
district for the term of the agreement, notwithstanding the removal
of the special trustee for any reason or the reinstatement of any
powers or responsibilities of the board of trustees. No agreement
authorized by this paragraph shall materially impair the security and
other interests of the holders of any bonds issued pursuant to
Article 9 (commencing with Section 63049.67) of Chapter 2 of Division
1 of Title 6.7 of the Government Code.
(5) Appoint an advisory committee to advise the special trustee
with respect to the management of the Compton Community College
District and the establishment and implementation of the arrangements
for provision of services by a partner district pursuant to Article
5 (commencing with Section 74292) of Chapter 5 of Part 46. This
advisory committee may include residents of the communities served by
the Compton Community College District, and any outside experts
deemed appropriate by the special trustee. No member of the advisory
committee shall receive any compensation or benefits for his or her
services as a member of the advisory committee.
(g) In the event of a vacancy in the special trustee position, the
chancellor shall temporarily assume all of the powers and duties of
the special trustee until another special trustee can be appointed
pursuant to this section.
(h) The special trustee shall report to the Legislature concerning
the priorities identified in each Fiscal Crisis and Management
Assistance Team report and shall provide a response on how the
special trustee intends to resolve the issues identified in the
Fiscal Crisis and Management Assistance Team report in a timely
manner, not to exceed 150 days from receipt of the report. In any
instance that there is a decline in performance, the special trustee
shall specifically identify strategies for ensuring progress in its
response to that report.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 17280 of the Education Code
is amended to read:
17280. (a) (1) The Department of General Services under the
police power of the state shall supervise the design and construction
of any school building or the reconstruction or alteration of or
addition to any school building, if not exempted under Section 17295,
to ensure that the plans and specifications comply with the rules
and regulations adopted pursuant to this article and building
standards published in Title 24 of the California Code of
Regulations, and to ensure that the work of construction is performed
in accordance with the approved plans and specifications, for the
protection of life and property. This article does not allow a school
district to perform work with its own forces in excess of the
limitations set forth in Sections 17595 and 17599. In calculating the
cost of any project of reconstruction or alteration of, or addition
to, any school building for the purpose of determining the
applicability of the rules and regulations adopted pursuant to this
article and building standards published in Title 24 of the
California Code of Regulations, the Department of General Services
shall not include, as an element of that cost, any expenses of
air-conditioning equipment or insulation materials for that building,
or of installing the equipment or materials.
(2) In the alternative, for a leased or purchased building, a
school district may comply with this section by complying with
Section 17280.5.
(b) Whenever repairs due to fire damage must be made to any school
building previously approved by the Department of General Services,
the approved plans and specifications used in the original work under
then existing rules, regulations, and building standards may be used
without modification, providing all other provisions of this article
are carried out. This subdivision does not apply to damage caused by
wind or earthquake.
(c) Notwithstanding any other law, a school district shall not be
authorized to construct or reconstruct any school building,
regardless of the source of funding, unless and until the governing
board of the district, by resolution, indicates the agreement of the
district that any school building construction or reconstruction that
exceeds those construction costs and allowable area standards or any
allowable building area computed for an attendance area pursuant to
Section 17041 shall, in the event of the district's subsequent
application for state funding for school facility construction, be
deducted from the allowable building area for which the district
would otherwise have been eligible. This restriction shall not be
subject to waiver or exception as otherwise may be provided by law.
(d) If it is determined that, for any reason, a school district
failed to comply with the requirement of this section, the district
shall not be eligible for any additional building area pursuant to
Section 17049 and may be denied any time priority established for the
particular project pursuant to Section 17016.