BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1240|
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THIRD READING
Bill No: AB 1240
Author: Davis (D)
Amended: 7/23/09 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 07/15/09
AYES: Romero, Huff, Alquist, Hancock, Liu, Padilla,
Simitian, Wyland
NO VOTE RECORDED: Maldonado
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 5/21/09 (Consent) - See last page
for vote
SUBJECT : Community colleges: leasing of buildings
SOURCE : Los Angeles Community College District
DIGEST : This bill (1) extends the current exemption from
the Field Act for buildings leased that is 50,000
square-feet or less by a community college district from
three years to five years for the Los Angeles Community
College District for leases entered into prior to January
1, 2015; and (2) repeals provisions requiring a community
college district relating to oral bids prior to accepting
any written proposal to buy or lease any real property,
modifies the requirements which must be met by a community
college district to enter into a lease or agreement related
to property and buildings used by the district.
CONTINUED
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ANALYSIS : Existing law authorizes a community college
district to enter into leases and agreements relating to
real property and buildings to be used by the district.
Before entering into a lease or agreement, the district
must have a site upon which a building to be used by the
district may be constructed, it must have complied with law
regarding the selection and approval of sites, and it must
have prepared and adopted Field Act compliant plans and
specifications for the building. A district is declared to
have a site available for this purpose if it owns a site or
if it has a purchase option on the site.
Existing law also authorizes the governing board of a
community college district to lease "temporary-use
buildings" defined as a building intended for use by the
district for no more than three years from the date of
first occupancy. A building leased for greater than three
years, and in which students are expected to enter, is
subject to "Field Act" compliance. The "Field Act" was
enacted following a severe earthquake in Long Beach in
1933. The Field Act requires a comprehensive design
specification and construction inspection process for
"public school" educational facilities.
Existing law authorizes the governing board of a community
college district to sell or lease real property belonging
to the district, together with any personal property
located thereon, not needed for school classroom buildings.
Existing law requires the district to call for oral bids
before accepting any written proposal to buy or lease the
property.
This bill:
1.
2. Deletes the requirement that the board of a community
college district call for oral bids before accepting any
written proposal to purchase or lease community college
real property and makes other conforming changes.
3. Authorizes the exemption of any temporary use building
that is 50,000 square-feet or less leased by the Los
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Angeles Community College District (LACCD) from the
Field Act for a period of five years.
4. Restricts the exemption from the Field Act granted to
the LACCD to leases with an effective date, or effective
renewal date prior to January 1, 2015.
5. Declares that the unique circumstances of the LACCD make
a general statute inapplicable.
Comments
According to the sponsor, the LACCD has recently conducted
a survey to identify outlying areas which do not have
sufficient access to educational centers/campuses. The
LACCD plans to enter into short-term leases on facilities
in these areas and offer courses as a means of determining
if these areas do, in fact, hold long-term viability for
the district. The LACCD believes that in some areas it
will be difficult to determine in a three year period if
those areas are in fact suitable for long-term investment.
The ability to extend those leases to five years, without
requiring compliance with the Field Act, will enable the
LACCD to better determine if the designated site holds
long-term viability.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/18/09)
Los Angeles Community College District (source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, 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, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
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Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Fuentes, Nava, Saldana
DLW:do 8/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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