BILL NUMBER: SB 1193	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Lowenthal and Pavley

                        FEBRUARY 18, 2010

   An act to add Sections 17072.19 and 17074.31 to the Education
Code, relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1193, as introduced, Lowenthal. School facilities funding: high
performance schools.
   Existing law, the Leroy F. Greene School Facilities Act of 1998
(the Greene Act), requires the State Allocation Board to allocate to
applicant school districts prescribed per-unhoused-pupil state
funding for construction and modernization of school facilities,
including hardship funding and supplemental funding for site
development and acquisition and requires the board to adopt rules and
regulations for the administration of the Greene Act. The
Kindergarten-University Public Education Facilities Bond Act of 2006
sets aside $100,000,000 of the proceeds of the bonds sold under that
act for incentive grants under the Greene Act to promote the use of
design and materials in new construction and modernization projects
that include the attributes of high-performance schools.
   Existing law authorizes a grant for new construction to be used
for the costs of design and materials that promote the efficient use
of energy and water, the maximum use of natural lighting and indoor
air quality, the use of recycled materials and materials that emit a
minimum of toxic substances, the use of acoustics conducive to
teaching and learning, and other characteristics of high performance
schools. A school district is required to certify, as part of its
application for funding under the Greene Act, that it has considered
the feasibility of using these characteristics of high performance
schools.
   This bill would increase the amount of a grant for new
construction to provide 50% of the additional costs associated with
the use of design and materials that promote the use of specified
characteristics of a high performance school if the total amount of
those costs exceeds specified nonresidential building energy
efficiency standards by at least 15%. The bill would also increase
the amount of a grant for a modernization project to provide for 60%
of those additional costs. The bill would limit the amount of this
increase to $3,000,000 per schoolsite. The bill would require the
State Allocation Board to adopt regulations to implement the
increases. The provisions of the bill would be applicable to
contracts for these additional design and material costs signed on or
after January 31, 2010.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17072.19 is added to the Education Code, to
read:
   17072.19.  (a) Notwithstanding Section 17072.10, if a school
district incorporates the use of the high performance design and
materials specified in Section 17070.96, the amount of a new
construction grant shall provide 50 percent of the additional costs
associated with those high performance design and materials.
   (b) Regulations adopted by the board to implement this section
shall specify that a school district is eligible for the increase
authorized by this section if the high performance design and
materials exceed the nonresidential building energy standards
specified in Part 6 of Title 24 of the California Code of Regulations
by 15 percent.
   (c) If funding for the amount of an increase made to a new
construction grant pursuant to this section derive from paragraph (8)
of subdivision (a) of Section 101012, the increase shall not exceed
three million dollars ($3,000,000) per schoolsite.
   (d) Funding increases pursuant to this section shall be available
for reimbursement and grants for contracts that are signed on or
after January 31, 2010.
  SEC. 2.  Section 17074.31 is added to the Education Code, to read:
   17074.31.  (a) Notwithstanding Section 17074.10, if a school
district incorporates the use of the high performance design and
materials specified in Section 17070.96, the amount of a
modernization grant shall provide 60 percent of the additional costs
associated with those high performance design and materials.
   (b) Regulations adopted by the board to implement this section
shall specify that if a project includes renewable energy, a school
district is eligible for the increase authorized by this section if
an energy savings of 15 percent is achieved, as compared to
schoolsite consumption on or after January 31, 2005, through energy
efficiency retrofit or replacement. The regulations shall also
specify that the increase is available for all other nonrenewable
energy additional costs associated with high performance design and
materials included in the project.
   (c) The amount of an increase made to a new construction grant
pursuant to this section shall not exceed three million dollars
($3,000,000) per schoolsite.
   (d) Funding increases pursuant to this section shall be available
for reimbursement and grants for contracts that are signed on or
after January 31, 2010.