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 --