BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1080|
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THIRD READING
Bill No: AB 1080
Author: Skinner (D)
Amended: 7/9/09 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 7/15/09
AYES: Romero, Huff, Alquist, Hancock, Liu, Padilla,
Simitian, Wyland
NO VOTE RECORDED: Maldonado
ASSEMBLY FLOOR : 75-2, 5/21/09 - See last page for vote
SUBJECT : Emery Unified School District: joint-use
agreement
SOURCE : Author
DIGEST : 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.
ANALYSIS : Current law authorizes the governing board of
any school district to enter into agreements to make vacant
classrooms or other space in school buildings available for
rent or lease to other school districts, educational
agencies (except private K-12 educational institutions),
governmental units, nonprofit organizations, community
agencies, professional agencies, commercial and
noncommercial firms, corporations, partnerships,
CONTINUED
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businesses, and individuals, including during normal school
hours if the school is in session. The amount of classroom
space leased in any school site during normal school hours
is limited to 45 percent of the total classroom space of
that school and no more than 30 percent of the district's
total classroom space in operating schools unless the lease
is for a day care center, nursery school, or special
education class. Current law limits the term of such a
rent or lease to no more than five years.
Current law also 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. The district must
own the site upon which the building to be used is to be
constructed and must comply with the provisions of law
relating to the selection and approval of sites. The
district may let any real property it owns 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
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 and approved by the State Board of Education.
In a prior version of this bill, the Emery Unified School
District will 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.
The author's office states that this bill is necessary
because current law is based on a traditional joint use
model, and doesn't allow for stronger
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co-partnership/ownership and multifaceted use of
facilities. According to the author's office, the City of
Emeryville, the 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 Center is envisioned as a joint-use 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's office,
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NOES: Anderson, Nielsen
NO VOTE RECORDED: Garrick, Saldana, Audra Strickland
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DLW:do 7/20/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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