BILL NUMBER: AB 1080 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 9, 2009
AMENDED IN ASSEMBLY MAY 14, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Skinner
(Coauthors: Assembly Members Ammiano and Torlakson)
( Coauthor: Senator Hancock
)
FEBRUARY 27, 2009
An act to add Section 17535.5 to the Education Code,
relating to school facilities. An act to amend
Sections 17515, 17516, 17518, 17519, and 17524 of the Education Code,
relating to school districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1080, as amended, Skinner. School facilities: rent or
lease: vacant classrooms. School districts: leases and
agreements.
Existing law authorizes a school district to enter into leases and
agreements relating to real property and buildings to be used
jointly by the district and any private person, firm, or corporation,
pursuant to specified provisions.
This bill would additionally authorize a school district to enter
into leases and agreements relating to real property and buildings to
be used jointly by the district and a local governmental agency, as
defined.
(1) Existing law authorizes the governing board of a school
district to enter into agreements to make vacant classrooms or other
space in operating school buildings available for rent or lease to
other school districts, educational agencies, except private
educational institutions that maintain kindergarten or grades 1 to
12, inclusive, governmental units, nonprofit organizations, community
agencies, professional agencies, commercial and noncommercial firms,
corporations, partnerships, businesses, and individuals, including
during normal school hours if the school is in session.
This bill, notwithstanding the provision above, would authorize
the governing board of the Emery Unified School District, upon a 2/3
vote, to enter into a joint-use, joint-ownership agreement with a
governmental agency whereby a new school and community services
facility would be constructed on land owned by the school district.
(2) The California Constitution provides that a special statute is
invalid in any case if a general statute can be made applicable.
This bill would declare that, due to unique circumstances
applicable only to the Emery Unified School District, as set forth in
the bill, a general statute cannot be made applicable and a special
statute is necessary.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17515 of the
Education Code is amended to read:
17515. Any school district may enter into leases and agreements
relating to real property and buildings to be used jointly by the
district and any private person, firm, local governmental
agency, as defined in paragraph (3) of subdivision (f) of Section
4420 of the Government Code, or corporation pursuant to this
article. As used in this article, "building" includes onsite and
offsite facilities, utilities and improvements that, as agreed upon
by the parties, are appropriate for the proper operation or function
of the building to be occupied jointly by the district and the
private person, firm, or corporation. It also includes the permanent
improvement of school grounds.
Any building, or portion thereof, that is used by a private
person, firm, local governmental agency, as defined in paragraph
(3) of subdivision (f) of Section 4420 of the Government Code,
or corporation pursuant to this section shall be subject to the
zoning and building code requirements of the local jurisdiction in
which the building is situated.
Section 53094 of the Government Code shall not be applicable to
uses of school district property or buildings authorized by this
section, except in the case of property or buildings used solely for
educational purposes.
SEC. 2. Section 17516 of the Education
Code is amended to read:
17516. (a) Before the governing board of a school district enters
into a lease or agreement pursuant to this article, it shall own a
site upon which a building to be used by the district and private
person, firm, local governmental agency, as defined in paragraph
(3) of subdivision (f) of Section 4420 of the Government Code,
or corporation may be constructed and shall have complied with the
provisions of law relating to the selection and approval of sites.
(b) This section shall not apply to any building to be acquired by
purchase pursuant to Article 2 (commencing with Section 17110) of
Chapter 16 of Part 10.
SEC. 3. Section 17518 of the Education
Code is amended to read:
17518. (a) The governing board of a school
district may let to any private person, firm, local governmental
agency, as defined in paragraph (3) of subdivision (f) of Section
4420 of the Government Code, or corporation, any real property
that belongs to the district if the instrument by which the property
is let requires the lessee therein to construct on the demised
premises, or provide for the construction thereon of, a building or
buildings for the joint use of the school district and the private
person, firm, local governmental agency, as defined in paragraph
(3) of subdivision (f) of Section 4420 of the Government Code,
or corporation during the term of the agreement.
(b) However, title to that portion of the
building to be occupied by the private individual, firm, local
governmental agency, as defined in paragraph (3) of sub
division (f) of Section 4420 of the Government Code, or
corporation shall remain exclusively the personal property of the
private party during the term of the lease and the title to that
portion of the building to be occupied by the district shall vest in
the district upon completion thereof and acceptance thereof by the
school district. No rental fee or other charge for the use of the
building shall be paid by the district.
SEC. 4. Section 17519 of the Education
Code is amended to read:
17519. Any lease of real property by a school district to a
private person, firm, local governmental agency, as defined in
paragraph (3) of subdivision (f) of Section 4420 of the Government
Code, or corporation pursuant to this article shall be upon the
terms and conditions as the parties thereto may agree and may be
entered into without complying with any provisions of this code
except as provided in this article. However, any lease or agreement
pursuant to this article shall be subject to Article 7 (commencing
with Section 35230) of Chapter 2 of Part 21.
SEC. 5. Section 17524 of the Education
Code is amended to read:
17524. (a) After considering all proposals submitted, the
governing board of the school district may, subject to Section 17525,
select the plan or proposal that best meets the needs of the school
district and enter into a contract incorporating that plan or
proposal either as submitted or as revised by the governing board of
the school district. However, the governing board shall not approve
any proposal nor enter into a lease or contract incorporating a
proposal until the governing board has submitted the proposal to the
State Board of Education, and the State Board of Education has
approved the proposal. The State Board of Education shall, within 45
days of the date of submission, notify the governing board of its
approval or disapproval.
(b) The governing board shall require any person, firm, local
governmental agency, as defined in paragraph (3) of subdivision (f)
of Section 4420 of the Government Code, or corporation with whom
it enters into a lease or agreement pursuant to this article to file
one of the following, as determined by the governing board:
(1) A bond for the performance of the lease or agreement.
(2) An irrevocable letter of credit issued by a state or national
bank or a federal or state credit union for the performance of the
lease or agreement.
SECTION 1. Section 17535.5 is added to the
Education Code, to read:
17535.5. (a) Notwithstanding any other provision of this article,
the governing board of the Emery Unified School District, upon a
two-thirds vote, may enter into a joint-use, joint-ownership
agreement with a governmental agency whereby a new school and
community services facility is constructed on land owned by the
school district. The agreement shall specify all of the following:
(1) The school district shall retain full ownership of the land
upon which the facilities are constructed.
(2) There is a demonstrated need for the joint ownership of the
facilities.
(3) The joint ownership of the facilities shall be compatible with
the educational purposes of those facilities.
(4) Parameters are set for the degree and nature of the joint
ownership of the facilities, including a plan to ensure pupil safety.
(5) If the property is sold, the school district shall retain from
the proceeds of the sale, at the minimum, an amount equivalent to
any state school facilities bond funds received by the district.
(b) The space and use limitations of Sections 17531 and 17532 do
not apply to facilities constructed under an agreement entered into
pursuant to this section.
SEC. 2. The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of the
Emery Unified School District. The facts constituting the special
circumstances that distinguish the Emery Unified School District from
other school districts are the high degree of integration between
the community and educational services of the joint-use facilities to
be constructed pursuant to this legislation.