BILL NUMBER: AB 2408 CHAPTERED 09/19/00 CHAPTER 530 FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2000 APPROVED BY GOVERNOR SEPTEMBER 18, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 PASSED THE SENATE AUGUST 30, 2000 AMENDED IN SENATE AUGUST 29, 2000 AMENDED IN SENATE AUGUST 28, 2000 AMENDED IN SENATE AUGUST 9, 2000 AMENDED IN SENATE JULY 6, 2000 AMENDED IN SENATE JUNE 20, 2000 AMENDED IN ASSEMBLY MAY 26, 2000 AMENDED IN ASSEMBLY APRIL 6, 2000 INTRODUCED BY Assembly Member Firebaugh FEBRUARY 24, 2000 An act to add Section 17070.71 to the Education Code, relating to school facilities, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2408, Firebaugh. School facilities. Existing law, the Leroy F. Greene School Facilities Act of 1998, requires a school district to which funding is made available under that act to hold title to all property acquired, constructed, or improved with those funds, including any leasehold interest if the project qualified for and received approval by the board prior to November 4, 1998. This bill would authorize new construction or modernization on real property leased to a school district if certain conditions are met. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 17070.71 is added to the Education Code, to read: 17070.71. (a) Notwithstanding subdivision (a) of Section 17070.70, new construction or modernization funded pursuant to this chapter may be upon real property leased to the applicant school district if all of the following conditions are met: (1) The property is leased from another governmental entity. (2) The term of the lease is for at least 40 years after approval of the project under this chapter, or the school district has a lease for at least 25 years on federal property. The board may authorize a lesser term, of not less than 30 years only if the board finds that granting an exception to this requirement would be in the state's best interest. (b) The applicant school district, and the facility on leased land, if any, shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to, schoolsites and school buildings. (c) Lease costs are not eligible project or site acquisition costs under this chapter. SEC. 2. 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: To expedite new construction or modernization of school facilities on leased property, it is necessary that this act take effect immediately as an urgency statute.