BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 114 (Liu) - Education facilities: Kindergarten Through Grade 12 Public Education Facilities Bond Act of 2016 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 7, 2015 |Policy Vote: ED. 6 - 0, GOV. & | | | F. 5 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 11, 2015 |Consultant: Jillian(SAPR) | | |Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill makes changes to the existing school facility program and authorizes the Kindergarten Through Grade 12 Public Education Facilities Bond Act of 2016 to provide for the issuance of an unspecified amount of general obligation bonds for construction and modernization of education facilities to become effective if approved by voters at the November 8, 2016 statewide general election. Fiscal Impact: Bonds: Unknown, but assuming similar bond authority amounts authorized in past measures, it will likely result in state costs in the low tens of billions of dollars in principal and interest over 30 years (mid hundreds of millions General Fund annually). SB 114 (Liu) Page 1 of ? Administration: Substantial new workload for the California Department of Education (CDE) and the Department of General Services (DGS). The level of new work would depend the size of the bond. The DGS estimates that its Office of Public School Construction (OPSC) would require significant staffing increases of over 100 positions if assuming a $7.3 billion bond. This measure will also drive significant workload at the CDE related to review and approval of site selection and construction plans. Administrative workload would likely be bond-funded. Interagency Agreement: Department of Toxic Substances Control estimates costs ranging from $85,000 to $120,000 for its participation in developing an interagency agreement as required by this bill. Ballot costs: Likely $200,000 General Fund for a statewide ballot pamphlet, assuming 4 pages. Background: Existing law establishes the School Facility Program (SFP) under which the state provides general obligation bond funding for various school construction projects, including new construction, modernization, joint-use facilities, and programs to specifically address the construction needs of overcrowded schools, charter schools, career technical education facilities, and seismic mitigation. (Education Code § 17070.10 - 17070.99) The last statewide general obligation bond, Proposition 1D was approved by voters in November 2006. Proposition 1D, authorized $7.3 billion for K-12 education facilities and $3.087 billion for higher education facilities and allocated specified amounts from the sale of these bonds for modernization, new construction, charter schools, career technical education facilities, joint use, projects for new construction on severely overcrowded schoolsites, and high performance incentive grants to promote energy efficient designs and materials. In addition, portions of the amounts allocated for new construction and modernization were authorized for purposes of funding smaller learning communities and high schools and for seismic retrofit projects. (EC §101010-101031) Since 1998, voters have approved approximately $35 billion in statewide general obligation bonds to construct or renovate K-12 school facilities and almost $10 billion for higher education facilities. This bill would authorize an unspecified amount of SB 114 (Liu) Page 2 of ? bonds for this purpose. Proposed Law: This bill establishes the Kindergarten Through Grade 12 Public Education Facilities Bond Act of 2016 to provide for the issuance of an unspecified amount of general obligation (GO) bonds for construction and modernization of education facilities, to take effect only if approved by voters at the November 8, 2016, statewide general election. This bill requires, as a condition of participation in the school facilities program, a school district to: Comply with existing deferred maintenance provisions. Certify that it has a long-range school facilities master plan consistent with the regional sustainable communities strategy plans established pursuant to specified Government Code provisions. Conduct an inventory of existing facilities and submit this information to the State Allocation Board (SAB) for purposes of maintaining a statewide school facilities inventory. This bill directs the OPSC, in consultation with the California Department of Education (CDE), to recommend regulations to the SAB that provide school districts with flexibility in the design, construction of, and modernization of school facilities. The recommendations must propose revisions to any regulations that limit the ability of school districts to use new construction grants to construct approved instructional space and must ensure that school districts have the ability to design a facility that provides a flexible learning environment and the integration of technology. This bill authorizes a grant for new construction and a modernization apportionment to be used for seismic mitigation purposes and for related design, study, and testing costs. An applicant that receives funding in either case must ensure that the project incorporates designs and materials that promote the efficient use of energy and water, and other characteristics of high-performance schools. SB 114 (Liu) Page 3 of ? Furthermore, this bill expands the definition of modernization to include "replacement" and authorizes the use of the apportionment to demolish and construct on the existing site if the total cost of providing a new building, including land, would not protect the economic interest of the state and school district. A replacement project would also be eligible for the same grant amount as that authorized for a new construction project. This bill eliminates the requirement that a joint-use facility partner contribute no less than 25 percent of project costs if the joint-use agreement specifies the partner will be responsible for 100 percent of the operational costs for the project for a term of no less than 10 years. As the only provision of this bill that if it is enacted, is not contingent upon voters approving the bond, the CDE, Division of the State Architect (DSA), Office of Public School Construction (OPSC), and Department of Toxic Substances Control are required to develop an interagency plan, by July 1, 2016, to: (1) streamline the school facility construction application, review and audit processes and (2) identify a single entity within the CDE as a full-service agency to assist school districts in navigating the school facilities construction process. Legislative intent provides that the SAB review and revise operative regulatory language before July 1, 2016, to reduce duplicative review, approval and audit processes. Related Legislation:1. AB 148 (Holden, 2015), AB 1088 (O'Donnell, 2015), and AB 1433 (Gray, 2015) all relate to placing bond measures before voters for school facilities in kindergarten through university. AB 148 specifies an amount of $1.1 billion. AB 2235 (Buchanan, 2014) made changes to the School Facility Program and authorized the Kindergarten-University Public Education Facilities Bond Act of 2014 to provide for the issuance of $4.3 billion in general obligation (GO) bonds for construction and modernization of education facilities, to become effective only if approved by voters at the November 4, 2014, statewide general election. Some provisions of AB 2235 SB 114 (Liu) Page 4 of ? were similar to those in this bill. AB 2235 awaited action on the Senate Floor but was subsequently moved to the Inactive File. A number of other measures expressed the Legislature's intent to place, or would have authorized placement of Kindergarten-University facilities bonds on several previous ballots. In particular, AB 220 (Brownley, 2009) would have placed a $6.1 billion Kindergarten-University facilities bond on the November 2010 ballot. AB 220 was held in the Senate Appropriations Committee. SB 271 (Ducheny, 2009) would have placed an $8.6 billion higher education facilities bond on the November 2010 ballot. SB 271 was held in this committee. Staff Comments: This bill will result in direct state General Fund costs of about $200,000 to place the Kindergarten Through Grade 12 Public Education Facilities Bond Act of 2016 on the November 8, 2016 statewide ballot. If enacted by voters, this measure will result in substantial additional state costs. As currently written, this bill asks voters to approve the issuance (and repayment) of an unspecified amount of state GO bonds, but the amount decided upon is likely to be in the billions of dollars, based on past bond measures. Until the amounts are specified, the fiscal impact of this bill is unknown. However, presumably this bond will be in low billions of dollars. Staff notes for reference, that assuming an interest rate of 5% with a 30 year repayment period, the state will pay in the mid hundreds of millions for a $7.3 billion bond. Over the 30 years, costs would likely be in the low tens of billions. -- END --