BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 365
AUTHOR: Ducheny
INTRODUCED: February 25, 2009
FISCAL COMM: Yes HEARING DATE: April 15, 2009
URGENCY: No CONSULTANT:Kathleen Chavira
NOTE: This bill has been referred to the Committees on
Education and Rules. A "do pass" motion should include
referral to the Senate Rules Committee.
SUBJECT : State Allocation Board Reorganization
SUMMARY
This bill requires that the functions, officers, and
employees of the Office of Public School Construction
(OPSC) be transferred from the jurisdiction of the
Department of General Services (DGS) to that of the State
Allocation Board (SAB) on January 1, 2010, and changes the
membership of the SAB, as specified.
BACKGROUND
Current law establishes the 10-member State Allocation
Board and provides that members consist of the Director of
Finance, the Director of DGS, a person appointed by the
Governor, the Superintendent of Public Instruction, three
members of the Senate appointed by the Senate Committee on
Rules, two of whom shall belong to the majority party and
one of whom shall belong to the minority party, and three
members of the Assembly appointed by the Speaker of the
Assembly, two of whom shall belong to the majority party
and one of whom shall belong to the minority party.
Current law authorizes the SAB to apportion funds for the
construction of school facilities and to establish any
qualifications, procedures and policies, and rules and
regulations it deems necessary to administer and expend
funds made available for school facility construction
purposes.
Current law also establishes the OPSC within the DGS and
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authorizes DGS to assign an executive officer to the OPSC.
The executive officer may be appointed by the Governor,
upon recommendation of the Director of DGS and serves at
the Director's pleasure. The OPSC serves as staff to the
SAB and among other things, implements and administers the
School Facility Program and other programs of the SAB,
prepares recommendations for the SAB's review and approval,
prepares regulations, policies and procedures which carry
out the mandates of the SAB, and prepares agendas for the
SAB meetings.
ANALYSIS
This bill :
1) Requires the State Allocation Board (SAB), rather than
the Director of the Department of General Services
(DGS) to administer the School Facilities Program.
2) Requires the transfer of the functions and staff of
the Office of Public School Construction (OPSC) from
DGS to the SAB on January 1, 2010. More specifically
it:
a) Requires the transfer of OPSC
civil service staff with no loss of civil service
rights and privileges.
b) Requires the transfer of general
services, procurement and executive officer
positions of the OPSC to the SAB and further:
i) Requires vacancies in
these positions be filled by Governor's
appointment, upon the recommendation of the
SAB.
ii) Requires duties and salaries of
each officer be determined by the SAB.
3) Changes the membership of the SAB. Specifically it:
a) Makes the Director of Finance and
the Director of General Services nonvoting
members of the SAB.
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b) Reduces the number of Senate
appointments on the SAB from three to two members
and authorizes the Senate Rules Committee to
appoint one public member to the SAB.
c) Reduces the number of Assembly
appointments on the SAB from three to two members
and authorizes the Speaker of the Assembly to
appoint one public member to the SAB.
d) Requires that the Governor appoint
four public members that have relevant experience
that may include, but not be limited to,
educational facilities construction, engineering,
finance, or expertise in compliance with federal
planning and construction standards for students
with special needs.
e) Requires that members serve
staggered 4-year terms, as specified and
authorizes the re-appointment of members for
additional terms.
4) Requires that DGS provide assistance to the SAB
including the provision of office space, as specified.
5) Requires the SAB to elect a chair and vice-chair from
its membership to serve one year terms, for no more
than two consecutive terms.
6) Requires the SAB, by a majority vote, to appoint and
determine salary and other compensation for an
executive officer.
7) Eliminates the duties/need for an assistant executive
officer.
STAFF COMMENTS
1) Little Hoover Commission Report . In August 2006, the
legislative members of the State Allocation Board
submitted a written request to the Little Hoover
Commission to conduct a study of the State Allocation
Board (SAB) and its interaction with the Office of
Public School Construction (OPSC) and the Department
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of General Services (DGS). In August 2007, the
Commission issued its report, which, among other
things, made the following three recommendations:
The State Allocation Board should be reformed
to increase public and expert participation, better
balance executive and legislative roles and improve
accountability and better represent California's
geographic diversity. The report proposed specific
changes to the SAB composition, recommended that
members serve staggered, fixed terms and recommended
that the director of the Department of Finance or
his or her designee serve as the statutory chair of
the SAB.
The SAB should be an independent entity. Staff
and functions of the Office of Public School
Construction should be transferred from the DGS to
the SAB which could then contract with the DGS for
administrative support and contract for or hire its
own legal services. Additionally, it recommended
that the SAB develop and submit its own budget, hire
its own executive officer and eliminate the position
of assistant executive officer with those functions
reallocated, as appropriate, to the executive
officer and deputy executive officer of the SAB.
To increase its transparency to the public and
stakeholders, the board should formally adopt its
own rules of order.
The provisions of this bill generally implement some
of the changes proposed in the Little Hoover
Commission report.
1) What's the effect ? In its review, the Little Hoover
Commission opined that the SAB, while operating
adequately, potentially was vulnerable to political
manipulation. The transfer of the OPSC staff directly
to the SAB responds to concerns raised by the
Commission that the SAB should be an independent
entity with the authority to develop its own budget
and hire its own executive officer. The Commission
also opined that the legislative majority and pleasure
appointments on the SAB had, on occasion, permitted
politics to trump policy in allocation decisions.
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The new structure proposed by this bill creates a
9-member board. It includes the Superintendent of
Public Instruction, eliminates the legislative
majority by reducing the total number of legislative
appointees to four, and increases the number of
Governor's public appointees from one to four. The
Director of Finance and the Director of DGS, who have
arguably served as Governor's representatives in the
past, would now only serve on the SAB as non-voting
members.
2) Prior legislation . This bill is very similar to SB
1552 (Margett, 2008) which was hear by this committee
and passed by a vote of 9-0. SB 1552 was ultimately
held under submission by the Assembly Appropriations
Committee.
SUPPORT
None received.
OPPOSITION
None received.