BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 174
                                                                  Page 1

          Date of Hearing:  April 13, 2009

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Nancy Skinner, Chair
                  AB 174 (Carter) - As Introduced:  January 29, 2009
           
          SUBJECT  :  School district reorganization.

           SUMMARY  :  Authorizes a county committee on school district  
          organization to approve a petition to create one or more new  
          school districts if each of the governing boards of the affected  
          school districts consents to the petition and the county  
          superintendent of schools with jurisdiction over the affected  
          school districts grants approval to the county.

           EXISTING LAW  , under the California Environmental Quality Act  
          (CEQA), requires lead agencies with the principal responsibility  
          for carrying out or approving a proposed discretionary project  
          to prepare a negative declaration, mitigated declaration, or  
          environmental impact report for this action, unless the project  
          is exempt from CEQA.  School district reorganization petitions  
          are subject to CEQA.

           THIS BILL  :

          1)Authorizes a county committee on school district organization  
            to approve a petition to create one or more new school  
            districts if each of the governing boards of the affected  
            school districts consents to the petition and the county  
            superintendent of schools with jurisdiction over the affected  
            school districts grants approval to the county.

          2)Designates the county committee or the state Department of  
            Education (CDE) the lead agency for CEQA review of projects to  
            reorganize school districts, depending on the circumstances of  
            the petition.

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :

          This bill simplifies the approval process for local  
          reorganization petitions to create one or more new school  
          districts if the affected school districts and county  
          superintendent of schools consent.  The policy issues presented  








                                                                  AB 174
                                                                  Page 2

          by this bill relate to school district reorganization and were  
          heard by the Education Committee, which approved the bill on a  
          10-0 vote.  The provisions relating to CEQA do not amend CEQA or  
          otherwise impact CEQA standards, they merely designate which  
          public agency will be lead for CEQA review for the specific  
          projects impacted by the bill.

          A similar bill, AB 2243 (Carter), was approved unanimously by  
          this Committee last year.  AB 2243 passed the Legislature, but  
          fell victim to the Governor's generic veto of bills he did not  
          consider the "highest priority."










































                                                                  AB 174
                                                                  Page 3

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Department of Education (sponsor)

           Opposition 
           
          None on file

           
          Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092