BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 305
                                                                  Page  1

          Date of Hearing:   July 15, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     SB 305 (Corbett) - As Amended:  May 6, 2009 

          Policy Committee:                             EducationVote:8-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Office of the State Architect (SA),  
          within existing resources, to update the inventory and existing  
          report regarding the seismic safety of public schools to more  
          accurately identify building deficiencies, as specified.   
          Specifically, this bill:  

          Requires the State Allocation Board (SAB) to use the information  
          from the updated inventory and report to inform the development  
          of eligibility criteria for the Seismic Mitigation program  
          authorized by the Kindergarten -University Public Education  
          Facilities Bond Act of 2006 (Proposition 1D).  

           FISCAL EFFECT  

          Minor, absorbable costs to the Department of General Services  
          (DGS) to complete the requirements of this measure.  DGS reports  
          that it has almost completed the updating of the existing report  
          information, as required by this measure.      

           COMMENTS  

           1)Purpose  .  AB 300 (Corbett), Chapter 622, Statutes of 1999,  
            required DGS, in consultation with the Seismic Safety  
            Commission, to conduct an inventory of K-12 public school  
            buildings that are concrete tilt-up school buildings and  
            buildings with non-wood frame walls that do not meet the  
            minimum requirements of the 1976 Uniform Building Code.

            In November 2002, DGS released the report: Seismic Safety  
            Inventory of California Public Schools, which evaluated 9,659  
            schools built before 1978 for structural safety. The report  








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            concluded that 7,537 schools require a detailed seismic  
            evaluation to determine their ability to withstand an  
            earthquake. These buildings were classified as seismic  
            vulnerability Category 2. It further estimated that the  
            preliminary cost for seismic rehabilitation of these buildings  
            approached $4.7 billion, including evaluation costs.  This  
            bill requires the SA to update the existing AB 300 report to  
            more accurately identify the deficiencies in the 7,537 schools  
            identified in the report as having issues related to seismic  
            safety.   


           2)Proposition 1D: Seismic Mitigation program  .  AB 127 (Nunez),  
            Chapter 35, Statutes of 2006, authorized Proposition 1D: the  
            Kindergarten- University Public Education Facilities Bond Act  
            of 2006 for $10.416 billion. The voters passed Proposition 1D  
            on November 7, 2006. Of the $10.416 billion, $7.329 billion  
            was allocated for K-12 education facilities and $3.087 billion  
            was provided for higher education facilities. According to the  
            Office of Public School Construction (OPSC), as of April 2009,  
            there is $3.9 billion remaining in K-12 education facilities  
            funds (i.e., new construction, modernization, charter schools,  
            and CTE facilities, etc.). Of this amount $499.3 million is  
            for new construction.  


            Chapter 35 established the Seismic Mitigation program, which  
            appropriated $199.5 million of new construction funding to the  
            most vulnerable school facilities that meet certain criteria  
            that pose an unacceptable risk of injury to its occupants in  
            the event of a seismic occurrence. These funds will be used to  
            repair, reconstruct, or replace qualifying school facilities.   
            The facilities that are intended to be repaired are those  
            identified as Category 2 in the AB 300 report.  

            In September 2007, the State Allocation Board (SAB) adopted  
            regulations that establish eligibility criteria for the  
            Seismic Mitigation program.  Based on this criterion, the SA  
            determined that 77 K-12 public school facilities are eligible  
            for funding under this program.  Through further research, it  
            was determined hat 52 of the 77 school facilities have already  
            been repaired.  Therefore, only 25 facilities are eligible for  
            program funding under the SAB's existing regulations.  As  
            such, many school districts have complained that the current  
            eligibility criteria is too limiting in scope.  The SAB is  








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            currently working with DGS staff, including the SA, to  
            redefine eligibility criteria.     
             

             


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081