Amended in Senate June 3, 2015

Amended in Senate April 7, 2015

Amended in Senate March 19, 2015

Senate Bill No. 114

Introduced by Senator Liu

January 13, 2015

An act to amend Sections 17070.15, 17070.40, 17070.75, 17072.35, 17074.25, 17074.26, 17077.42, and 17592.70 of, to add Sections 17070.78, 17071.15, 17072.40, and 17073.16 to, to add Part 70 (commencing with Section 101100) to Division 14 of Title 3 of, to add and repeal Section 17254 of, and to repeal Sections 17070.99, 17071.33, 17071.35, and 17071.40 of, the Education Code, relating to education facilities, and by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those begin delete funds. end delete begin insert funds, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 114, as amended, Liu. Education facilities: Kindergarten Through Grade 12 Public Education Facilities Bond Act of 2016.

(1) Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition.

This bill would revise the definition of modernization under the act to include the replacement of facilities on a site containing a permanent structure that is at least 25 years old or, in the case of a portable classroom, that is at least 20 years old, as specified.

The bill would require a school district, as a condition for participation in the school facilities program, to certify that it has a long-range school facilities master plan that is consistent with the regional sustainable communities strategy, as specified.

The bill would delete a provision requiring the State Allocation Board to conduct an evaluation of the cost of new construction and modernization of small high schools in conjunction with a specified pilot program.

The bill would require each school district that elects to participate in a new construction or modernization program to reestablish eligibility, as specified, and to conduct an inventory of existing facilities for purposes of maintaining a statewide school facilities inventory.

The bill would authorize a grant for new construction or modernization under the act to be used for seismic mitigation purposes and for related design, study, and testing costs, and require the State Allocation Board, in the development of guidelines and regulations, to provide a school district with maximum flexibility in the design, modernization, and new construction of school facilities.

The bill would require the Office of Public School Construction to recommend regulations to the State Allocation Board to provide school districts with flexibility in designing instructional facilities.

The bill would revise the provisions for the funding of joint-use facilities to allow an additional exemption from a general requirement that a joint-use partner contribute to at least 25% of eligible project costs, as specified. This additional exemption would apply if the joint-use agreement specifies that the joint-use partner will provide 100% of the operational costs of the joint-use project for a term of no less than 10 years.

The bill would require the State Department of Education, the Division of the State Architect, the Office of Public School Construction, and the Department of Toxic Substances Control to convene for purposes of developing an interagency plan to streamline the school facilities construction application, review, and audit processes in order to reduce the time and improve the efficiency of the school facilities construction process, as specified. The bill would require that this interagency plan be submitted to the Legislature on or before July 1, 2016.

(2) Existing law, the California Constitution, prohibits the Legislature from creating a debt or liability that singly or in the aggregate with any previous debts or liabilities exceeds the sum of $300,000, except by an act that (a) authorizes the debt for a single object or work specified in the act, (b) has been passed by a 2⁄3 vote of all the members elected to each house of the Legislature, (c) has been submitted to the people at a statewide general or primary election, and (d) has received a majority of all the votes cast for and against it at that election.

This bill would enact the Kindergarten Through Grade 12 Public Education Facilities Bond Act of 2016 to authorize an unspecified amount of state general obligation bonds, as scheduled, to provide aid to school districts, county superintendents of schools, county boards of education, and charter schools to construct and modernize education facilities. The proceeds of these bonds would be deposited in the 2016 State School Facilities Fund, which the bill would establish as specified.

The proposed bond act would become operative only if approved by the voters at the November 8, 2016, statewide general election, and the bill would provide for its submission to the voters at that election.

(3) This bill would specify that certain of its provisions would become operative only if the Kindergarten Through Grade 12 Public Education Facilities Bond Act of 2016 is approved by the voters at the November 8, 2016, statewide general election.

(4) This bill would make conforming and nonsubstantive changes in related provisions of existing law.

begin insert

(5)This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 17070.15 of the Education Code is
amended to read:

17070.15.  

The following terms, wherever used or referred to
in this chapter, shall have the following meanings, respectively,
unless a different meaning appears from the context:

(a) “Apportionment” means a reservation of funds for the
purpose of eligible new construction, modernization, or hardship
approved by the board for an applicant school district.

(b) “Attendance area” means the geographical area serving an
existing high school and those junior high schools and elementary
schools included therein.

(c) “Board” means the State Allocation Board as established by
Section 15490 of the Government Code.

(d) “Committee” means the State School Building Finance
Committee established pursuant to Section 15909.

(e) “County fund” means a county school facilities fund
established pursuant to Section 17070.43.

(f) “Department” means the Department of General Services.

(g) “Fund” means the applicable 1998 State School Facilities
Fund, the 2002 State School Facilities Fund, the 2004 State School
Facilities Fund, the 2006 State School Facilities Fund, or the 2016
State School Facilities Fund, established pursuant to Section
17070.40.

(h) “Good repair” has the same meaning as specified in
subdivision (d) of Section 17002.

(i) “Modernization” means any modification or replacement of
a permanent structure that is at least 25 years old, or, in the case
of a portable classroom, that is at least 20 years old, that will
enhance the ability of the structure to achieve educational purposes.

(j) “Portable classroom” means a classroom building of one or
more stories that is designed and constructed to be relocatable and
transportable over public streets, and with respect to a single story
portable classroom, is designed and constructed for relocation
without the separation of the roof or floor from the building and
when measured at the most exterior walls, has a floor area not in
excess of 2,000 square feet.

(k) “Property” includes all property, real, personal or mixed,
tangible or intangible, or any interest therein necessary or desirable
for carrying out the purposes of this chapter.

(l) “School building capacity” means the capacity of a school
building to house pupils.

(m) “School district” means a school district or a county office
of education. For purposes of determining eligibility under this
chapter, “school district” may also mean a high school attendance
area.

SEC. 2.  

Section 17070.40 of the Education Code is amended
to read:

17070.40.  

(a) (1) A fund is hereby established in the State
Treasury, to be known as the 1998 State School Facilities Fund.
All money in the fund, including any money deposited in that fund
from any source whatsoever, and notwithstanding Section 13340
of the Government Code, is hereby continuously appropriated
without regard to fiscal years for expenditure pursuant to this
chapter.

(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 1998 State
School Facilities Fund from any source.

(3) The board may make apportionments in amounts not
exceeding those funds on deposit in the 1998 State School Facilities
Fund, and any amount of bonds authorized by the committee, but
not yet sold by the Treasurer.

(4) The board may make disbursements pursuant to any
apportionment made from any funds in the 1998 State School
Facilities Fund, irrespective of whether there exists at the time of
the disbursement an amount in the 1998 State School Facilities
Fund sufficient to permit payment in full of all apportionments
previously made. However, no disbursement shall be made from
any funds required by law to be transferred to the General Fund.

(b) (1) A fund is hereby established in the State Treasury, to
be known as the 2002 State School Facilities Fund. All money in
the fund, including any money deposited in that fund from any
source whatsoever, and notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated without
regard to fiscal years for expenditure pursuant to this chapter.

(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2002 State
School Facilities Fund from any source.

(3) The board may make apportionments in amounts not
exceeding those funds on deposit in the 2002 State School Facilities
Fund, and any amount of bonds authorized by the committee, but
not yet sold by the Treasurer.

(4) The board may make disbursements pursuant to any
apportionment made from any funds in the 2002 State School
Facilities Fund, irrespective of whether there exists at the time of
the disbursement an amount in the 2002 State School Facilities
Fund sufficient to permit payment in full of all apportionments
previously made. However, no disbursement shall be made from
any funds required by law to be transferred to the General Fund.

(c) (1) A fund is hereby established in the State Treasury, to
be known as the 2004 State School Facilities Fund. All money in
the fund, including any money deposited in that fund from any
source whatsoever, and notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated without
regard to fiscal years for expenditure pursuant to this chapter.

(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2004 State
School Facilities Fund from any source.

(3) The board may make apportionments in amounts not
exceeding those funds on deposit in the 2004 State School Facilities
Fund, and any amount of bonds authorized by the committee, but
not yet sold by the Treasurer.

(4) The board may make disbursements pursuant to any
apportionment made from any funds in the 2004 State School
Facilities Fund, irrespective of whether there exists at the time of
the disbursement an amount in the 2004 State School Facilities
Fund sufficient to permit payment in full of all apportionments
previously made. However, no disbursement shall be made from
any funds required by law to be transferred to the General Fund.

(d) (1) A fund is hereby established in the State Treasury, to
be known as the 2006 State School Facilities Fund. All money in
the fund, including any money deposited in that fund from any
source whatsoever, and notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated without
regard to fiscal years for expenditure pursuant to this chapter.

(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2006 State
School Facilities Fund from any source.

(3) The board may make apportionments in amounts not
exceeding those funds on deposit in the 2006 State School Facilities
Fund, and any amount of bonds authorized by the committee, but
not yet sold by the Treasurer.

(4) The board may make disbursements pursuant to any
apportionment made from any funds in the 2006 State School
Facilities Fund, irrespective of whether there exists at the time of
the disbursement an amount in the 2006 State School Facilities
Fund sufficient to permit payment in full of all apportionments
previously made. However, no disbursement shall be made from
any funds required by law to be transferred to the General Fund.

(e) (1) A fund is hereby established in the State Treasury, to
be known as the 2016 State School Facilities Fund. All money in
the fund, including any money deposited in that fund from any
source whatsoever, and notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated without
regard to fiscal years for expenditure pursuant to this chapter.

(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2016 State
School Facilities Fund from any source.

(3) The board may make apportionments in amounts not
exceeding those funds on deposit in the 2016 State School Facilities
Fund, and any amount of bonds authorized by the committee, but
not yet sold by the Treasurer.

(4) The board may make disbursements pursuant to any
apportionment made from any funds in the 2016 State School
Facilities Fund, irrespective of whether there exists at the time of
the disbursement an amount in the 2016 State School Facilities
Fund sufficient to permit payment in full of all apportionments
previously made. However, no disbursement shall be made from
any funds required by law to be transferred to the General Fund.

SEC. 3.  

Section 17070.75 of the Education Code is amended
to read:

17070.75.  

(a) As a condition for participation in the school
facilities program, the board shall require the school district to
make all necessary repairs, renewals, and replacements to ensure
that a project is at all times maintained in good repair, working
order, and condition. All costs incurred for this purpose shall be
borne by the school district.

(b) In order to ensure compliance with subdivision (a) and to
encourage school districts to maintain all buildings under their
control, the board shall require an applicant school district to do
all of the following prior to the approval of a project:

(1) Establish a restricted account within the general fund of the
school district for the exclusive purpose of providing moneys for
ongoing and major maintenance of school buildings, according
the highest priority to funding for the purposes set forth in
subdivision (a).

(2) (A) Agree to deposit into the account established pursuant
to paragraph (1), in each fiscal year for 20 years after receipt of
funds under this chapter, a minimum amount equal to or greater
than 3 percent of the total general fund expenditures of the
applicant school district, including other financing uses, for that
fiscal year. Annual deposits to the account established pursuant to
paragraph (1) in excess of 21⁄2 percent of the school district general
fund budget may count towards the amount of funds required to
be contributed by a school district in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used
for purposes that qualify for funding under that section.

(B) Notwithstanding subparagraph (A), for the 2004-05 fiscal
year only, an applicant school district shall deposit into the account
established pursuant to paragraph (1), no less than 2 percent of the
total general fund expenditures of the school district, including
other financing uses, for the fiscal year. The annual deposit to the
account in excess of 11⁄2 percent of the school district general fund
budget for the 2004-05 fiscal year may count towards the amount
that a school district is required to contribute in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used
for purposes that qualify for funding under that section.

(C) A school district contribution to the account may be provided
in lieu of meeting the ongoing maintenance requirements pursuant
to Section 17014 to the extent the funds are used for purposes
established in that section. A school district that serves as the
administrative unit for a special education local plan area may
elect to exclude from its total general fund expenditures, for
purposes of this paragraph, the distribution of revenues that are
passed through to participating members of the special education
local plan area.

(D) This paragraph applies only to the following school districts:

(i) High school districts with an average daily attendance greater
than 300 pupils.

(ii) Elementary school districts with an average daily attendance
greater than 900 pupils.

(iii) Unified school districts with an average daily attendance
greater than 1,200 pupils.

(3) Certify that it has publicly approved an ongoing and major
maintenance plan that outlines the use of the funds deposited, or
to be deposited, pursuant to paragraph (2). The plan may provide
that the school district need not expend all of its annual allocation
for ongoing and major maintenance in the year in which it is
deposited if the cost of major maintenance requires that the
allocation be carried over into another fiscal year. However, any
state funds carried over into a subsequent year may not be counted
toward the annual minimum contribution by the school district. A
plan developed in compliance with this section shall be deemed
to meet the requirements of Section 17585.

(c) A school district to which paragraph (2) of subdivision (b)
does not apply shall certify to the board that it can reasonably
maintain its facilities with a lesser level of maintenance.

(d) For purposes of calculating a county office of education
requirement pursuant to this section, the 3 percent maintenance
requirement shall be based upon the county office of education
general fund less any restricted accounts.

(e) As a condition of participation in the school facilities
program or the receipt of funds pursuant to Section 17582, for a
fiscal year after the 2004-05 fiscal year, a school district shall
establish a facilities inspection system to ensure that each of its
schools is maintained in good repair.

(f) For purposes of this section, “good repair” has the same
meaning as specified in subdivision (d) of Section 17002.

SEC. 4.  

Section 17070.78 is added to the Education Code, to
read:

17070.78.  

As a condition for participation in the school
facilities program, a school district shall certify that it has a
long-range school facilities master plan and that the master plan
is consistent with the regional sustainable communities strategy
established pursuant to Section 65080 of the Government Code.

SEC. 5.  

Section 17070.99 of the Education Code is repealed.

SEC. 6.  

Section 17071.15 is added to the Education Code, to
read:

17071.15.  

Notwithstanding Section 17071.10, the board shall
require a school district that elects to participate in the new
construction program to conduct an inventory of existing facilities
and submit this information to the board, as prescribed by the
board, for purposes of maintaining a statewide school facilities
inventory.

SEC. 7.  

Section 17071.33 of the Education Code is repealed.

SEC. 8.  

Section 17071.35 of the Education Code is repealed.

SEC. 9.  

Section 17071.40 of the Education Code is repealed.

SEC. 10.  

Section 17072.35 of the Education Code is amended
to read:

17072.35.  

(a) (1) A grant for new construction may be used
for any and all costs necessary to adequately house new pupils in
any approved project, and those costs may only include the cost
of design, engineering, testing, inspection, plan checking,
construction management, site acquisition and development,
evaluation and response action costs relating to hazardous
substances at a new or existing schoolsite, demolition, construction,
acquisition and installation of portable classrooms, landscaping,
necessary utility costs, utility connections and other fees, equipment
including telecommunication equipment to increase school security,
furnishings, and the upgrading of electrical systems or the wiring
or cabling of classrooms in order to accommodate educational
technology. A grant for new construction may also be used to
acquire an existing government or privately owned building, or a
privately financed school building, and for the necessary costs of
converting the government or privately owned building for public
school use. A grant for new construction may also be used for the
costs of designs and materials that promote the efficient use of
energy and water, the maximum use of natural lighting and indoor
air quality, the use of recycled materials and materials that emit a
minimum of toxic substances, the use of acoustics conducive to
teaching and learning, and other characteristics of
high-performance schools. A grant for new construction may be
used for seismic mitigation purposes and for related design, study,
and testing costs.

(2) An applicant who receives a new construction grant shall
ensure that the project incorporates designs and materials that
promote the efficient use of energy and water, the maximum use
of natural lighting and indoor air quality, the use of recycled
materials and materials that emit a minimum of toxic substances,
the use of acoustics conducive to teaching and learning, and other
characteristics of high-performance schools.

(b) In the development of guidelines and regulations, the board
shall provide a school district with maximum flexibility in the
design and new construction of school facilities.

SEC. 11.  

Section 17072.40 is added to the Education Code, to
read:

17072.40.  

The Office of Public School Construction, in
consultation with the State Department of Education, shall
recommend to the board regulations that will provide school
districts with flexibility in designing instructional facilities. These
recommendations shall propose revisions to any regulations that
limit the ability of school districts to use new construction grants
to construct instructional space approved by the State Department
of Education. The proposed revisions shall ensure that a school
district has the ability to design a facility that provides a flexible
learning environment, provides for the integration and use of
technology, and serves as an instructional space and learning
environment that supports and enhances the educational delivery
process.

SEC. 12.  

Section 17073.16 is added to the Education Code, to
read:

17073.16.  

The board shall require a school district that elects
to participate in the modernization program to conduct an inventory
of existing facilities and submit this information to the board, as
prescribed by the board, for purposes of maintaining a statewide
school facilities inventory.

SEC. 13.  

Section 17074.25 of the Education Code is amended
to read:

17074.25.  

(a) (1) A modernization apportionment may be
used for an improvement to extend the useful life of, or to enhance
the physical environment of, the school. The improvement may
only include the cost of design, engineering, testing, inspection,
plan checking, construction management, demolition, construction,
the replacement of portable classrooms, necessary utility costs,
utility connection and other fees, the purchase and installation of
air-conditioning equipment and insulation materials and related
costs, furniture and equipment, including telecommunication
equipment to increase school security, fire safety improvements,
playground safety improvements, the identification, assessment,
or abatement of hazardous asbestos, seismic safety improvements,
and the upgrading of electrical systems or the wiring or cabling of
classrooms in order to accommodate educational technology. A
modernization grant may not be used for costs associated with
acquisition and development of real property or for routine
maintenance and repair.

(2) A modernization apportionment may also be used for either
of the following:

(A) The cost of designs and materials that promote the efficient
use of energy and water, the maximum use of natural lighting and
indoor air quality, the use of recycled materials and materials that
emit a minimum of toxic substances, the use of acoustics conducive
to teaching and learning, and other characteristics of
high-performance schools.

(B)  Seismic mitigation purposes and related design, study, and
testing costs.

(3) An applicant that receives a modernization apportionment
shall ensure that the project incorporates designs and materials
that promote the efficient use of energy and water, the maximum
use of natural lighting and indoor air quality, the use of recycled
materials and materials that emit a minimum of toxic substances,
the use of acoustics conducive to teaching and learning, and other
characteristics of high-performance schools.

(b) In the development of guidelines and regulations, the board
shall provide a school district with maximum flexibility in the
design and modernization of school facilities.

(c) (1) A modernization apportionment may also be used to
demolish and construct a building or buildings on an existing
schoolsite if the total cost of providing a new school building,
including land, on a new site would not protect the economic
interest of the state and school district.

(2) A project deemed to meet the requirements of paragraph (1)
shall be eligible for a grant equal to the grant provided under
Section 17072.10.

(d) The board shall establish additional requirements it deems
necessary to ensure that the economic interests of the state and the
educational interests of the children of the state are protected.

SEC. 14.  

Section 17074.26 of the Education Code is amended
to read:

17074.26.  

The board shall adopt regulations to adjust the
per-pupil amounts set forth in Section 17074.10 for modernization
projects for school buildings that are 50 years old or older based
upon the higher costs associated with modernizing older buildings.

SEC. 15.  

Section 17077.42 of the Education Code is amended
to read:

17077.42.  

In order to be approved for a grant under this article,
the applicant school district shall demonstrate that it has complied
with all of the following:

(a) The school district has entered into a joint-use agreement
with a governmental agency, public community college, public
college or public university, or a nonprofit organization approved
by the board.

(b) The joint-use agreement specifies the method of sharing
capital and operating costs, specifies relative responsibilities for
the operation and staffing of the facility, and specifies the manner
in which the safety of the pupils will be ensured.

(c) The joint-use agreement specifies the amount of the
contribution to be made by the school district and the joint-use
partner toward the 50-percent local share of eligible project costs.
The contribution made by a joint-use partner shall be no less than
25 percent of eligible project costs, unless either of the following
conditions applies:

(1) The school district has passed a local bond that specifies
that proceeds of sale of the bonds are to be used for the joint-use
project, in which case the school district may opt to provide up to
the full 50-percent local share of eligible costs.

(2) The joint-use agreement specifies that the joint-use partner
will provide 100 percent of the operational costs for the joint-use
project for a term of no less than 10 years.

(d) The school district demonstrates that the facility will be used
to the maximum extent possible for both school and community
purposes, or both school and higher education purposes, as
applicable.

(e) (1) The project application qualifies for funding under
paragraph (1) of subdivision (b) of Section 17077.40 and the school
district has received all approvals necessary for apportionment
under this chapter.

(2) The project qualifies for funding under paragraph (2) or (3)
of subdivision (b) of Section 17077.40 and the school district has
completed preliminary plans for the project and has received State
Department of Education approval of the plans.

SEC. 16.  

Section 17254 is added to the Education Code, to
read:

17254.  

(a) The State Department of Education, the Division
of the State Architect, the Office of Public School Construction,
and the Department of Toxic Substances Control shall convene
for purposes of developing an interagency plan to streamline the
school facility construction application, review, and audit processes
in order to reduce the time and improve the efficiency of the school
facilities construction process.

(b) As part of the interagency plan developed pursuant to
subdivision (a), the Superintendent shall identify an entity within
the State Department of Education to act as a full-service agency
and to assist school districts in navigating the school facilities
process. The interagency plan shall be submitted to the Legislature,
in accordance with Section 9795 of the Government Code, on or
before July 1, 2016.

(c) It is the intent of the Legislature that operative regulatory
language adopted by the State Allocation Board before the effective
date of this section be reviewed and revised before July 1, 2016,
to ensure that the School Facility Program is being implemented
in a manner that reduces duplicative processes for the review,
approval, and audit of school facility new construction and
modernization projects.

(d) This section shall remain in effect only until July 1, 2021,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2021, deletes or extends that date.

SEC. 17.  

Section 17592.70 of the Education Code is amended
to read:

17592.70.  

(a) There is hereby established the School Facilities
Needs Assessment Grant Program with the purpose to provide for
a one-time comprehensive assessment of school facility needs.
The grant program shall be administered by the State Allocation
Board.

(b) (1) The grants shall be awarded to school districts on behalf
of schoolsites ranked in deciles 1 to 3, inclusive, on the Academic
Performance Index (API), pursuant to Section 52056, based on
the 2003 base API score for each school newly constructed prior
to January 1, 2000.

(2) For purposes of this section, schools ranked in deciles 1 to
3, inclusive, on the 2003 base API shall include any schools
determined by the department to meet either of the following:

(A) The school meets all of the following criteria:

(i) Does not have a valid base API score for 2003.

(ii) Is operating in the 2004-05 fiscal year and was operating
in the 2003-04 fiscal year during the Standardized Testing and
Reporting (STAR) Program testing period.

(iii) Has a valid base API score for 2002 that was ranked in
deciles 1 to 3, inclusive, in that year.

(B) The school has an estimated base API score for 2003 that
would be in deciles 1 to 3, inclusive.

(3) The department shall estimate an API score for any school
meeting the criteria of clauses (i) and (ii) of subparagraph (A) of
paragraph (2) and not meeting the criteria of clause (iii) of
subparagraph (A) of paragraph (2), using available testing scores
and any weighting or corrective factors it deems appropriate. The
department shall provide those API scores to the Office of Public
School Construction and post them on its Internet Web site within
30 days of the enactment of this section.

(4) For purposes of this section, schools ranked in deciles 1 to
3, inclusive, on the 2003 base API shall exclude any schools
determined by the department to be operated by county offices of
education pursuant to Section 56140.

(c) The board shall allocate funds pursuant to subdivision (b)
to school districts with jurisdiction over eligible schoolsites, based
on ten dollars ($10) per pupil enrolled in the eligible school as of
October 2003, with a minimum allocation of seven thousand five
hundred dollars ($7,500) for each schoolsite.

(d) As a condition of receiving funds pursuant to this section,
school districts shall do all of the following:

(1) Use the funds to develop a comprehensive needs assessment
of all schoolsites eligible for grants pursuant to subdivision (b).
The assessment shall contain, at a minimum, all of the following
information for each schoolsite:

(A) The year each building that is currently used for instructional
purposes was constructed.

(B) The year, if any, each building that is currently used for
instructional purposes was last modernized.

(C) The pupil capacity of the school.

(D) The number of pupils enrolled in the school.

(E) The density of the school campus measured in pupils per
acre.

(F) The total number of classrooms at the school.

(G) The age and number of portable classrooms at the school.

(H) Whether the school is operating on a multitrack, year-round
calendar, and, if so, what type.

(I) Whether the school has a cafeteria, or an auditorium or other
space used for pupil eating and not for class instruction.

(J) The useful life remaining of all major building systems for
each structure housing instructional space, including, but not
limited to, sewer, water, gas, electrical, roofing, and fire and life
safety protection.

(K) The estimated costs for five years necessary to maintain
functionality of each instructional space to maintain health, safety,
and a suitable learning environment, as applicable, including
classroom, counseling areas, administrative space, libraries,
gymnasiums, multipurpose and dining space, and the accessibility
to those spaces.

(L) A list of necessary repairs.

(2) Use the data currently filed with the state as part of the
process of applying for and obtaining modernization or construction
funds for school facilities, or information that is available in the
California Basic Education Data System for the element required
in subparagraphs (D), (E), (F), and (G) of paragraph (1).

(3) Use the assessment as the baseline for the facilities inspection
system required pursuant to subdivision (d) of Section 17070.75.

(4) Provide the results of the assessment to the Office of Public
School Construction, including a report on the expenditures made
in performing the assessment. It is the intent of the Legislature
that the assessments be completed as soon as possible, but not later
than January 1, 2006.

(5) If a school district does not need the full amount of the
allocation it receives pursuant to this section, the school district
shall expend the remaining funds for making facilities repairs
identified in its needs assessment. The school district shall report
to the Office of Public School Construction on the repairs
completed pursuant to this paragraph and the cost of the repairs.

(6) Submit to the Office of Public School Construction an
interim report regarding the progress made by the school district
in completing the assessments of all eligible schools.

SEC. 18.  

Part 70 (commencing with Section 101100) is added
to Division 14 of Title 3 of the Education Code, to read:

 

PART 70.  KINDERGARTEN THROUGH GRADE 12 PUBLIC
EDUCATION FACILITIES BOND ACT OF 2016

 

Chapter  1. General

 

101100.  

This part shall be known, and may be cited, as the
Kindergarten Through Grade 12 Public Education Facilities Bond
Act of 2016.

101101.  

The incorporation of, or reference to, any provision
of California statutory law in this part includes all acts amendatory
thereof and supplementary thereto.

101102.  

(a) Bonds in the total amount of ____ dollars ($____),
not including the amount of any refunding bonds issued in
accordance with Section 101130, or so much thereof as is
necessary, may be issued and sold to provide a fund to be used for
carrying out the purposes expressed in this part and to reimburse
the General Obligation Bond Expense Revolving Fund pursuant
to Section 16724.5 of the Government Code. The bonds, when
sold, shall be and constitute a valid and binding obligation of the
State of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of the
principal of, and interest on, the bonds as the principal and interest
become due and payable.

(b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the State School Building Finance Committee
established by Section 15909 at any different times necessary to
service expenditures required by the apportionments.

 

Chapter  2. Kindergarten Through Grade  12

 

Article 1.  Kindergarten Through Grade 12 School Facilities
Program Provisions

 

101110.  

The proceeds of bonds issued and sold pursuant to
Article 2 (commencing with Section 101120) shall be deposited
in the 2016 State School Facilities Fund established in the State
Treasury under subdivision (e) of Section 17070.40, and shall be
allocated by the State Allocation Board pursuant to this chapter.

101111.  

All moneys deposited in the 2016 State School
Facilities Fund for the purposes of this chapter shall be available
to provide aid to school districts, county superintendents of schools,
and county boards of education of the state in accordance with the
Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of
Title 1), as set forth in Section 101112, to provide funds to repay
any money advanced or loaned to the 2016 State School Facilities
Fund under any act of the Legislature, together with interest
provided for in that act, and to reimburse the General Obligation
Bond Expense Revolving Fund pursuant to Section 16724.5 of the
Government Code.

101112.  

(a) The proceeds from the sale of bonds, issued and
sold for the purposes of this chapter, shall be allocated in
accordance with the following schedule:

(1) The amount of ____ dollars ($____) for new construction
of school facilities of applicant school districts under Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of
Title 1.

(2) The amount of ____ dollars ($____) for the modernization
of school facilities pursuant to Chapter 12.5 (commencing with
Section 17070.10) of Part 10 of Division 1 of Title 1.

(3) Of the amount allocated in this subdivision, up to 5 percent
shall be available for providing facilities to charter schools pursuant
to Article 12 (commencing with Section 17078.52) of Chapter
12.5 of Part 10 of Division 1 of Title 1.

(b) School districts may use funds allocated pursuant to
paragraph (2) of subdivision (a) only for one or more of the
following purposes in accordance with Chapter 12.5 (commencing
with Section 17070.10) of Part 10 of Division 1 of Title 1:

(1) The purchase and installation of air-conditioning equipment
and insulation materials, and related costs.

(2) Construction projects or the purchase of furniture or
equipment designed to increase school security or playground
safety.

(3) The identification, assessment, or abatement in school
facilities of hazardous asbestos.

(4) Project funding for high-priority roof replacement projects.

(5) Any other modernization of facilities pursuant to Chapter
12.5 (commencing with Section 17070.10) of Part 10 of Division
1 of Title 1.

(c) Funds allocated pursuant to paragraph (1) of subdivision (a)
may also be utilized to provide new construction grants for eligible
applicant county boards of education under Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of
Title 1 for funding classrooms for severely handicapped pupils,
or for funding classrooms for county community school pupils.

101113.  

The board shall assign priority for funding under this
chapter to applicant school districts that demonstrate participation
in a community-based effort to coordinate educational,
developmental, family, health, and other comprehensive services
by engaging in public and private partnerships with local public
entities and other nonprofit or private community partners. Criteria
that demonstrate this participation shall include all of the following:

(a) Institutionalized structures for cross-agency collaboration,
including, but not limited to, memoranda of understanding to
coordinate activities and services.

(b) Agreements for joint use and operations of school facilities,
in accordance with the requirements of subdivision (c) of Section
17077.42, that provide for extended hours of use for pupils,
families, and the community, integration of libraries, early
childhood education, child care centers, senior centers, outdoor
recreation or environmental education, arts education, and career
technical education and adult education offerings for pupils and
community members.

(c) Participation in the State Community Schools Network.

(d) Participation in technical assistance and training, including
professional development, for full-service community schools.

(e) Certification that the district’s school facilities master plan
is consistent with the regional sustainable communities strategy
established pursuant to Section 65080 of the Government Code.

 

Article 2.  Kindergarten Through Grade 12 School Facilities
Fiscal Provisions

 

101120.  

(a) Of the total amount of bonds authorized to be
issued and sold pursuant to Chapter 1 (commencing with Section
101100), bonds in the amount of ____ dollars ($____), not
including the amount of any refunding bonds issued in accordance
with Section 101130, or so much thereof as is necessary, may be
issued and sold to provide a fund to be used for carrying out the
purposes expressed in this chapter and to reimburse the General
Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. The bonds, when sold, shall be
and constitute a valid and binding obligation of the State of
California, and the full faith and credit of the State of California
is hereby pledged for the punctual payment of the principal of, and
interest on, the bonds as the principal and interest become due and
payable.

(b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the State School Building Finance Committee
established pursuant to Section 15909 at any different times
necessary to service expenditures required by the apportionments.

101121.  

The State School Building Finance Committee,
established by Section 15909 and composed of the Governor, the
Controller, the Treasurer, the Director of Finance, and the
Superintendent, or their designated representatives, all of whom
shall serve on the committee without compensation, and a majority
of whom shall constitute a quorum, is continued in existence for
the purpose of this chapter. The Treasurer shall serve as chairperson
of the committee. Two Members of the Senate appointed by the
Senate Committee on Rules, and two Members of the Assembly
appointed by the Speaker of the Assembly, shall meet with and
provide advice to the committee to the extent that the advisory
participation is not incompatible with their respective positions as
Members of the Legislature. For purposes of this chapter, the
Members of the Legislature shall constitute an interim investigating
committee on the subject of this chapter and, as that committee,
shall have the powers granted to, and duties imposed upon, those
committees by the Joint Rules of the Senate and the Assembly.
The Director of Finance shall provide assistance to the committee
as it may require. The Attorney General of the state is the legal
advisor of the committee.

101122.  

(a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided
in the State General Obligation Bond Law (Chapter 4 (commencing
with Section 16720) of Part 3 of Division 4 of Title 2 of the
Government Code), and all of the provisions of that law, except
Section 16727 of the Government Code to the extent that it
conflicts with this part, apply to the bonds and to this chapter and
are hereby incorporated into this chapter as though set forth in full
within this chapter.

(b) For purposes of the State General Obligation Bond Law, the
State Allocation Board is designated the “board” for purposes of
administering the 2016 State School Facilities Fund.

101123.  

(a) Upon request of the State Allocation Board, the
State School Building Finance Committee shall determine whether
or not it is necessary or desirable to issue bonds authorized pursuant
to this chapter in order to fund the apportionments and, if so, the
amount of bonds to be issued and sold. Successive issues of bonds
may be authorized and sold to fund those apportionments
progressively, and it is not necessary that all of the bonds
authorized to be issued be sold at any one time.

(b) A request of the State Allocation Board pursuant to
subdivision (a) shall be supported by a statement of the
apportionments made and to be made for the purposes described
in Sections 101111 and 101112.

101124.  

There shall be collected each year and in the same
manner and at the same time as other state revenue is collected,
in addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds each
year. It is the duty of all officers charged by law with any duty in
regard to the collection of the revenue to do and perform each and
every act that is necessary to collect that additional sum.

101125.  

Notwithstanding Section 13340 of the Government
Code, there is hereby appropriated from the General Fund in the
State Treasury, for the purposes of this chapter, an amount that
will equal the total of the following:

(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.

(b) The sum necessary to carry out Section 101128, appropriated
without regard to fiscal years.

101126.  

The State Allocation Board may request the Pooled
Money Investment Board to make a loan from the Pooled Money
Investment Account or any other approved form of interim
financing, in accordance with Section 16312 of the Government
Code, for the purpose of carrying out this chapter. The amount of
the request shall not exceed the amount of the unsold bonds that
the committee, by resolution, has authorized to be sold for the
purpose of carrying out this chapter. The board shall execute any
documents required by the Pooled Money Investment Board to
obtain and repay the loan. Any amounts loaned shall be deposited
in the fund to be allocated by the board in accordance with this
chapter.

101127.  

Notwithstanding any other provision of this chapter,
or of the State General Obligation Bond Law, if the Treasurer sells
bonds pursuant to this chapter that include a bond counsel opinion
to the effect that the interest on the bonds is excluded from gross
income for federal tax purposes, subject to designated conditions,
the Treasurer may maintain separate accounts for the investment
of bond proceeds and for the investment earnings on those
proceeds. The Treasurer may use or direct the use of those proceeds
or earnings to pay any rebate, penalty, or other payment required
under federal law or take any other action with respect to the
investment and use of those bond proceeds required or desirable
under federal law to maintain the tax-exempt status of those bonds
and to obtain any other advantage under federal law on behalf of
the funds of this state.

101128.  

For purposes of carrying out this chapter, the Director
of Finance may authorize the withdrawal from the General Fund
of an amount not to exceed the amount of the unsold bonds that
have been authorized by the State School Building Finance
Committee to be sold for the purpose of carrying out this chapter.
Any amounts withdrawn shall be deposited in the 2016 State
School Facilities Fund consistent with this chapter. Any money
made available under this section shall be returned to the General
Fund, plus an amount equal to the interest that the money would
have earned in the Pooled Money Investment Account, from
proceeds received from the sale of bonds for the purpose of
carrying out this chapter.

101129.  

All money deposited in the 2016 State School Facilities
Fund that is derived from premium and accrued interest on bonds
sold shall be reserved in the fund, and shall be available for transfer
to the General Fund as a credit to expenditures for bond interest.

101130.  

The bonds may be refunded in accordance with Article
6 (commencing with Section 16780) of Chapter 4 of Part 3 of
Division 4 of Title 2 of the Government Code, which is a part of
the State General Obligation Bond Law. Approval by the voters
of the state for the issuance of the bonds described in this chapter
includes the approval of the issuance of any bonds issued to refund
any bonds originally issued under this chapter or any previously
issued refunding bonds.

101131.  

The Legislature hereby finds and declares that,
inasmuch as the proceeds from the sale of bonds authorized by
this chapter are not “proceeds of taxes” as that term is used in
Article XIII B of the California Constitution, the disbursement of
these proceeds is not subject to the limitations imposed by that
article.

SEC. 19.  

The Secretary of State shall submit Section 18 of this
act to the voters at the November 8, 2016, statewide general
election.

SEC. 20.  

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

SEC. 21.  

Sections 1 to 15, inclusive, and Sections 17 and 18
of this act shall become operative only if the voters approve the
Kindergarten Through Grade 12 Public Education Facilities Bond
Act of 2016, as set forth in Section 18 of this act.

begin insert

begin insert SEC. 22. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to ensure, at the earliest possible time, that the
electorate is provided with the opportunity to learn about and
discuss a vote on the financing of necessary educational facilities
at the November 8, 2016, statewide general election, including
related statutory changes, it is necessary that this act take effect
immediately.

end insert