BILL NUMBER: SB 1795 CHAPTERED 09/27/00 CHAPTER 753 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2000 APPROVED BY GOVERNOR SEPTEMBER 26, 2000 PASSED THE SENATE AUGUST 30, 2000 PASSED THE ASSEMBLY AUGUST 28, 2000 AMENDED IN ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY JUNE 28, 2000 AMENDED IN ASSEMBLY JUNE 13, 2000 INTRODUCED BY Senator Alpert and Assembly Member Firebaugh FEBRUARY 23, 2000 An act to amend Section 17009.5 of, and to add Section 17052 to, the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGEST SB 1795, Alpert. School facilities: joint-use project. Existing law, the Leroy F. Greene School Facilities Act of 1998, (hereafter the Greene Act of 1998) establishes a program in which the State Allocation Board is required to provide state per-pupil funding, including hardship funding, for new school facilities construction and school facilities modernization to applicant school districts. Existing law requires the State Allocation Board to apportion funds only upon compliance with prescribed requirements relating to seismic safety approvals and with certification of the availability of local matching funds. Pursuant to existing law, on and after November 4, 1998, the board may only approve and fund school facilities projects under the Greene Act of 1998. This bill would, notwithstanding these provisions, authorize the board to fund joint-use projects to construct libraries, multipurpose rooms, and gymnasiums if certain conditions are met and would authorize the board to adopt related funding priority regulations. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 17009.5 of the Education Code is amended to read: 17009.5. (a) Except as set forth in Section 17052, on and after November 4, 1998, the board shall only approve and fund school facilities construction projects pursuant to Chapter 12.5 (commencing with Section 17070.10). (b) A school district with a first priority project that has received a construction approval by the Department of General Services, Division of the State Architect, or a joint-use project approval by the board, prior to November 4, 1998, for growth or modernization pursuant to this chapter shall receive funding pursuant to this chapter for all unfunded approved project costs as it would have received under this chapter, and the increased capacity assigned to the project shall be included in calculating the district's capacity pursuant to Chapter 12.5 (commencing with Section 17070.10). Funds received for projects described in this subdivision shall constitute the state's final and full contribution to these projects. The board shall not consider additional project funding except when otherwise authorized under Chapter 12.5 (commencing with Section 17070.10). (c) A school district with a second priority project that has received a construction approval by the Department of General Services, Division of the State Architect prior to November 4, 1998, for growth or modernization pursuant to this chapter shall elect to do either of the following: (1) Withdraw the application under this chapter, submit an initial report and application pursuant to Chapter 12.5 (commencing with Section 17070.10), and receive per pupil allocations as set forth in Chapter 12.5 (commencing with Section 17070.10). If the district withdraws the application, any funds previously allocated under this chapter for the project shall be offset from the first grant to the district under Chapter 12.5 (commencing with Section 17070.10). (2) Convert the second priority project approved under this chapter to a first priority status and receive funds in accordance with this chapter. (d) Notwithstanding priorities established pursuant to Chapter 12.5 (commencing with Section 17070.10), projects authorized for funding as set forth in this section shall be funded by the board pursuant to this chapter prior to funding other projects pursuant to Chapter 12.5 (commencing with Section 17070.10). (e) For purposes of funding priority for modernization grants under Chapter 12.5 (commencing with Section 17070.10), a district that applies under subdivision (b) or paragraph (1) of subdivision (c) shall retain its original project approval date. (f) Notwithstanding Section 17017.1, West Contra Costa Unified School District shall be eligible for state facilities funds beginning November 4, 1998. (g) The State Allocation Board shall adopt regulations to ensure that an appropriate offset is made from funds approved pursuant to this chapter, for funds awarded to school districts pursuant to Chapter 12 (commencing with Section 17000) prior to November 4, 1998. SEC. 2. Section 17052 is added to the Education Code, to read: 17052. (a) Notwithstanding any other provision of law, the State Allocation Board may fund joint-use projects to construct libraries, multipurpose rooms, and gymnasiums, on school campuses where these facilities are used jointly for both school and community purposes. (b) A school district may apply to the State Allocation Board for funding under this section if it meets all of the following requirements: (1) The school does not have the type of facility for which it seeks funding. (2) The school district agrees to provide local matching funds for 50 percent of the eligible cost of the facility as set forth in subdivision (c), and 100 percent local or joint-use funding for all costs that exceed that standard, as required by subdivision (d). (3) The school district has obtained approval of the plans for the facility from the Division of the State Architect and the State Department of Education. (4) The school district has entered into a joint-use agreement with its joint-use partner that specifies the method for 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 school pupils will be maintained during school hours. (5) The school district demonstrates that the facility will be used to the maximum extent possible for school and community purposes after regular school hours. (c) The State Allocation Board shall establish standards for the amount of funding to be made available for each project under this section. The funding standards may be expressed as per-square-foot cost limits or per-pupil cost limits or both. (d) Notwithstanding any other provision of this chapter, project costs may exceed the board's standards set forth in subdivision (c) if the excess is paid completely by local or joint-use partnership sources. (e) On July 1 of each year the board shall apportion to qualifying applicant school districts those funds that it determines are available for the purposes of this section. (f) The board may establish priority standards to govern the order of funding projects. If applications exceed available funding, the board shall give priority to applications where the size of the project is increased by at least 30 percent beyond minimum essential facilities through the use of additional funding from a joint-use partner.