BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1080
AUTHOR: Skinner
AMENDED: July 9, 2009
FISCAL COMM: No HEARING DATE: July 15, 2009
URGENCY: No CONSULTANT:Kathleen Chavira
NOTE : This bill was previously heard by this Committee on
July 8, 2009, and no vote was taken. It has since been
amended to delete its prior contents and to incorporate
staff recommended amendments reflected in the prior
analysis. This analysis has been updated to reflect those
amendments.
SUBJECT : Joint Occupancy
SUMMARY
This bill expands current law by adding local governmental
agencies to the list of entities with which a school
district may enter into leases and agreements for joint
occupancy of facilities.
BACKGROUND
Current law authorizes any 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 and to be occupied
jointly by the district and the prescribed entities. The
district must own a site upon which a building to be used
by the district and private person, firm, or corporation is
to be constructed and must comply with the provisions of
law relating to the selection and approval of sites. The
district is authorized to let any real property it owns to
any private person, firm, or corporation and construct a
building for the joint use of the school district and the
private person, firm, or corporation during the term of
such an agreement. Title to the portion of the building
occupied by the private person, firm, or corporation must
remain the personal property of the private party during
the term of the lease, but title to the portion of the
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building to be occupied by the districts must vest in the
district. Current law limits the term of such a lease or
agreement to no more than 66 years. The proposal must be
submitted to and approved by the State Board of Education
prior to entering into any lease or contract under these
provisions.
ANALYSIS
This bill expands current law by adding local governmental
agencies, as defined in Government Code, to the list of
entities with which a school district may enter into leases
and agreements for joint occupancy of facilities.
STAFF COMMENTS
1) Recent amendments . In a prior version of the bill, the
Emery Unified School District would have been
explicitly and exclusively granted the authority to
enter into a joint-use, joint-ownership agreement with
a governmental agency. This bill was recently amended
to respond to concerns raised by this committee that
granting this authority to one district created the
potential for a unique advantage over other districts
when competing for limited joint-use funds. As
amended, this bill adds local governmental agencies to
existing provisions of law regarding joint occupancy,
thereby addressing the needs of the Emery Unified
School District while ensuring that no unique
authority or advantage is inadvertently granted.
2) Why ? The author states that this bill is necessary
because current law is based on a traditional joint
use model, and doesn't allow for stronger
co-partnership/ownership and multifaceted use of
facilities. Under joint use provisions, agreements
are limited to five-year terms. Joint occupancy
provisions authorize leases and agreements for up to
66 years, but do not currently include local
governmental agencies.
According to the author, the City of Emeryville, the
Emery Unified School District (District), and the
Emeryville Chamber of Commerce have been in
partnership developing the Emeryville Center of
Community Life (Center) for the past six years. The
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Center is envisioned as a joint occupancy facility
providing educational and community oriented services
to students and community members throughout the
entire day. Services, programs and facilities are
expected to include a 7th through 12th grade middle
and high school, an elementary school campus, a
district administration building, a health, wellness
and social service center, an art workshop and
performance space, parenting center, and indoor and
outdoor recreation facilities for both students and
community members, as well as teen afterschool
programs to promote public safety. According to the
author, the Center envisioned will need a facility
that allows for the flexibility to integrate school,
city, and agency uses, as City and District facilities
will be integrated through the physical structure of
the Center, with no clear delineation in the building
plans between school property and city property.
3) Funding . It is the desire of the City and the School
District that the Center be jointly owned to leverage
both city and federal redevelopment funds for the
construction of the facility. According to the
co-sponsor, the City of Emeryville, the majority of
the funds (60 percent) for construction of the
facilities will come from local redevelopment agency
funds, local education bond and/or city bond bonds.
The District also expects to apply for funds under the
School Facility Joint Use Program.
4) School Facility Program Joint-Use . Under the School
Facility Program (SFP), a school district may receive
a grant to fund a joint-use project if the district
complies with specified requirements. Proposition 47
(2002) and Proposition 55 (2004) each provided $50
million for joint use projects. In addition,
Proposition 1D (2006) provided $29 million for
joint-use projects.
Title to all property acquired, constructed or
improved with funds made available under the SFP must
be held by the school district to which the board
grants the funds (Education Code 17070.70). Although
the Emeryville District contends that it meets the
requirements for and intends to apply for joint use
funds under the School Facility Program for this
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project, it is unclear whether the joint occupancy
agreement for the facility for which the District
intends to apply for funding will meet title
requirements and be eligible for SFP joint-use
funding.
SUPPORT
None received on this version.
OPPOSITION
None received.