BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                                 Senator Liu, Chair
                                 2015 - 2016 Regular
          
          Bill No:       SB 121
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          |Author:       |Fuller                                            |
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          |--------------+--------------------+-----------+-----------------|
          |Version:      |January 15, 2015    |Hearing    |March 11, 2015   |
          |              |                    |Date:      |                 |
          |--------------+--------------------+-----------+-----------------|
          |Urgency:      |No                  |Fiscal:    |Yes              |
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          |Consultant:   |Kathleen Chavira                                  |
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          Subject:  School facilities:  schoolsites on military bases


            SUMMARY
          
          This bill requires that school construction projects on military  
          installations that are eligible for specified federal grants be  
          given priority for funding under the State School Facility  
          program.

            
          BACKGROUND
          
          Current law establishes the School Facility Program (SFP) under  
          which the state provides general obligation bond funding for  
          various school construction projects.        AB 127 (Nunez and  
          Perata), the Kindergarten-University Public Education Facilities  
          Bond Act of 2006, authorized Proposition 1D a statewide general  
          obligation bond proposal for $10.4 billion.  Proposition 1D,  
          approved, by the voters in November 2006, provided $7.3 billion  
          for K-12 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, new construction on severely  
          overcrowded school sites, and high performance incentive grants  
          to promote energy efficient design and materials.  In addition,  
          portions of the amounts allocated for new construction and  
          modernization were authorized for purposes of funding smaller  
          learning communities and small high schools and for seismic  
          retrofit projects. 
          (Education Code § 17078.70-17078.72)







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            ANALYSIS
          
          This bill:

          1.   Establishes priority for funding under the School Facility  
               Program for construction projects that are:

               A.        On or near military installations.

                    B.             Eligible for United States Department  
                    of Defense, Office of Economic Adjustment school  
                    construction grants. 



            
          STAFF COMMENTS
          
          1.   Need for the bill.  According to the author, California has  
               11 schools in six districts that are on a priority list for  
               funds from the federal government to address the "serious  
               condition or capacity deficiencies" of public schools on  
               military installations. These schools are eligible to  
               receive funds for this purpose through the Public Schools  
               on Military Installations Program (PSMI).  The program  
               requires a 20 percent non-federal match in order to receive  
               federal funding.

               The intent of this bill is to grant these schools priority  
               for funding through the State School Facility Program (SFP)  
               in order to provide the matching funds necessary for these  
               schools to participate in the federal grant program and  
               leverage approximately $240 million federal funds for the  
               renovation, repair, or reconstruction of these schools.  

          2.   Public Schools on Military Installations Program (PSMI).  
               According to the Office of Economic Adjustment (OEA), in  
               2010 the Department of Defense (DOD) evaluated and reviewed  
               the physical condition of the 160 public schools on  
               military installations in the United States.  Based on the  
               findings of this assessment, the DOD developed a "Priority  
               List" of public schools on military installations with the  








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               most serious condition and/or capacity deficiencies.  The  
               OEA was tasked with administering the PSMI program to  
               provide funds to these schools to address these  
               deficiencies.  

          Between 2011 and 2015, Congress has provided $945 million to the  
          OEA for the purposes of the PSMI.  The last increase in funding  
          for the PSMI ($175 million) was provided in 2015 by House  
          Resolution 83 (H.R. 83 Section 8017).  In addition to the  
          funding increase, H.R. 83 established the 20 percent match as a  
          congressionally mandated requirement and stipulated that the  
          non-federal match was the responsibility of the local education  
          authority (LEA) and the State.  The DOD has interpreted the new  
          language to mean that the matching share must be provided by the  
          local education authority (LEA) and or the State in which the  
          school is located and that the OEA may skip eligible school  
          projects on the Priority List if the match is not provided.   
          According to the OEA, once a project on the list has been  
          skipped it will no longer be considered for funding.

          According to the OEA, there is approximately $464 million  
          remaining in the PSMI. The OEA estimates that as many as 33  
          schools on the list could be assisted.

          3.   Which school districts?  According to information provided  
               by the OEA, California has 11 schools in six districts that  
               are within the top 33 on the Priority List. These include:

                  A.        Murray Middle School at China Lake Naval Air  
                    Weapons Station, Sierra Sands Unified School District.

                  B.        Forbes Elementary (Currently Branch  
                    Elementary) at Edwards Air Force Base, Muroc Joint  
                    Unified School District.

                  C.        Sherman E. Burroughs High School at China Lake  
                    Naval Air Weapons Station, Sierra Sands Unified School  
                    District.

                  D.        Mary Fay Pendleton Elementary at Marine Corp  
                    Base Camp Pendleton, Fallbrook Union Elementary School  
                    District.

                  E.        San Onofre Elementary School at Marine Corp  








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                    Base Camp Pendleton, Fallbrook Union Elementary School  
                    District.

                  F.        Miller Elementary School at Naval Base San  
                    Diego, San Diego Unified School District. 

                  G.        Scandia Elementary at Travis Air Force Base,  
                    Travis School District.

                  H.        Akers Elementary School at Naval Air Station  
                    Lemoore, Central Union High School.

                  I.        Hancock Elementary School at Naval Base San  
                    Diego, San Diego Unified School District.

                  J.        Desert Junior-Senior High School at Edwards  
                    Air Force Base, Muroc Joint Unified School District.

                  AA.       Irving L. Branch Elementary School at Edwards  
                    Air Force Base, Muroc Joint Unified School District.

               According to the Office of Public School Construction  
               (OPSC):

                  A.        One of the 11 schools currently has an  
                    application pending under the School Facility Program  
                    (SFP) (Burroughs High School).  That project is  
                    currently on the Unfunded List (i.e. no bond authority  
                    currently exists to fund the project). 

                  B.        Four of the schools currently have  
                    modernization eligibility but have not submitted an  
                    application for funding. 

                  C.        Between 2002 and 2006, six of the schools  
                    previously applied for and received modernization  
                    funding through the SFP.  

          1.   Related State Allocation Board activity.  After an April  
               2012 briefing on this topic, the SAB took action to  
               establish the Department of Defense Sub-Committee, convened  
               in June 2012, to explore alternatives for assisting  
               districts with providing the required 20 percent local  
               match for projects on the Department of Defense (DOD)  








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               Priority List.  

               Among other things, the sub-committee found that:

               A.        Program funding from the federal government is  
                    based on a cost estimate of the actual work, whereas  
                    the SFP provides funding in the form of per pupil  
                    grants, with some supplemental grants.

               B.        Based on the method of calculation, the 20  
                    percent required is based upon a higher amount than  
                    the School Facility Program (SFP) calculations.

               Options considered by the sub-committee included  
               reservation of bond authority, transfer of bond authority,  
               loans for the matching share, waiver of the local matching  
               share requirement, and facility hardship funding.  Each of  
               these was determined not to be viable. 

               In August 2012, the State Allocation Board (SAB) considered  
               the recommendations of the sub-committee.  The SAB elected  
               to recommend to the Legislature that funding be provided  
               for military base schools in California in the next bond  
               proposal in order to cover the total need for these types  
               of projects. 

          2.   Current status of the SFP.  According to the OPSC, as of  
               February 2015, approximately $200.7 million remained in  
               bond authority in the SFP.  The majority of this bond  
               authority exists for the Seismic Mitigation and Charter  
               School programs (about $171 million).  Bond authority for  
               new construction and modernizations programs has  
               essentially been depleted, respectively, since July 2012  
               and May 2012.  

               Since 2009, the SAB has been making "unfunded approvals"  
               which represented approved projects waiting to convert to  
               funding apportionments when bonds are sold and cash becomes  
               available.  In addition, since November 1, 2012, the SAB  
               has maintained an "Applications Received Beyond Bond  
               Authority" list.  This list is presented to SAB for  
               acknowledgement, but not approval. Because the applications  
               are not fully processed for final grant determination, the  
               project funding amounts on the list are only estimates.  As  








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               of January 2015, the list indicated 116 new construction  
               applications totaling $571 million and 200 modernizations  
               applications of about $330 million.  

               If this bill is enacted, school construction projects on  
               military bases would be prioritized over other projects  
               currently awaiting funding.

          3.   Related Governor's budget activity.  In his 2015-16 Budget  
               Summary, the Governor notes concerns about the complexity  
               and structure of the current School Facility Program and  
               the state's increasing debt service obligations. The  
               Governor has proposed significant changes to the way school  
               facilities are funded with the intent that districts be  
               better able to meet their facilities needs at the local  
               level.  The Governor proposes to expand local revenue  
               generation tools by increasing caps on local bond  
               indebtedness, restructuring developer fees, and expanding  
               the allowable uses of Routine Restricted Maintenance  
               Funding. The Governor has also indicated interest in a  
               future state program focused on districts with the greatest  
               need, including communities with low property values and  
               few borrowing options, as well as overcrowded schools.
          
          It is unclear whether the administration anticipates additional  
          state general obligation bonds as the funding source for the  
          future school facility program envisioned.

          4.   Priority funding.  Currently, the School Facility Program  
               (SFP) operates on a first-come, first-serve basis,  
               considering projects for funding in the order received.   
               The SAB recently adopted a new "priorities in funding"  
               process which gives priority for funding to  
               construction-ready projects, allowing these projects, in  
               essence, to move to the front of the line. Projects on the  
               "lack of authority" and "beyond authority" lists advance as  
               bond funds become available and projects on the unfunded  
               approval list elect non-participation in the priorities in  
               funding rounds. The State Allocation Board (SAB) also  
               prioritizes the processing and funding of facility hardship  
               projects, which are projects in which there is a health and  
               safety concern.  
                
                This bill would authorize certain projects to be  








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               prioritized for funding over all other projects on the  
               basis of their eligibility for federal funds. The committee  
               may wish to consider:

               A.        Should funding for these projects be prioritized  
                    over facility hardship projects in which there is an  
                    imminent threat to the health and safety of pupils? 

               B.        Should projects be prioritized on the basis that  
                    federal funds are available for state matching  
                    requirements over projects in which locally authorized  
                    bonds will be provided for the match? 

               C.        Should a federal determination of priority  
                    facility condition or capacity needs, which may differ  
                    from SFP determinations, be the basis for prioritizing  
                    access to state school construction funds? 

               D.        Should districts that have failed to submit an  
                    application be allowed to move to the front of the  
                    line?

               E.        Should districts that already received  
                    modernization funding under the SFP be granted another  
                    opportunity to access bond funds for the same project,  
                    while other districts must wait 25 years for another  
                    opportunity to access state modernization funds? 

               F.        In light of the excessive demand for limited bond  
                    funds, and the uncertainty regarding the future  
                    availability of bond funds, is eligibility for federal  
                    funding the basis upon which projects should be  
                    prioritized?

          5.   Notwithstanding?  As currently drafted this bill would  
               "notwithstand" specified statutes to accomplish its  
               objectives. Staff notes that these statutes specify that  
               title to property constructed or improved with bond funds  
               must be held by the district, that the district must comply  
               with state laws pertaining to the construction or  
               modernization of school buildings, and outline criteria to  
               be met if the construction activity is on property leased  
               from a governmental entity.  It is unclear why these  
               projects should be exempted from these requirements.








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               If it is the desire of the committee to advance this  
               legislation, staff recommends the bill be amended to strike  
               line 3 on page 1, and "and Section 17070.7"1 in line 4 page  
               1.
          6.   Related and prior legislation.  

          RELATED LEGISLATION

          SB 111 (Fuller) also on the committee's agenda today,  
          appropriates $61 million from the General Fund to the California  
          Department of Education (CDE) for apportionment to school  
          districts to meet the matching share requirements of a specified  
          federal school construction grant program.

          PRIOR LEGISLATION

               This bill is almost identical to SB 1421 (Fuller, 2014)  
               which was heard and passed by this Committee in April 2014,  
               by a vote of 6-0.   SB 1421 was subsequently amended in the  
               Senate Appropriations Committee to limit priority  
               eligibility to districts which have already applied for  
               School Facility Program (SFP) funding and that agree to  
               refrain from applying for funding for three subsequent  
               years.  SB 1421 was ultimately held under submission in the  
               Assembly Appropriations Committee. 

            SUPPORT
          
          Brigadier General, Marine Corps Base Camp Pendleton
          Muroc Joint Unified School District
          Sierra Sands Unified School District
          Travis Unified School District
          Numerous individual letters

            OPPOSITION
          
          None received.


                                      -- END --
          










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