BILL NUMBER: SB 1193 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senators Lowenthal and Pavley
FEBRUARY 18, 2010
An act to add Sections 17072.19 and
Section 17074.31 to the Education Code, relating to school
facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1193, as amended, 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 modernization grant by
$250,000 per schoolsite if a school district incorporates the use of
high performance design and materials, and if the project is able to
achieve one of 3 specified objectives. The bill would require the
State Allocation Board to adopt, and the Office of Administrative Law
to process, emergency regulations to implement the increases. The
provisions of the bill would be applicable, as specified, to
contracts signed on or after April 1, 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 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 the
modernization grant shall be increased by two hundred fifty thousand
dollars ($250,000) per schoolsite if the project is able to achieve
one of the following objectives:
(1) Achieve 20 points for meeting high performance criteria, as
determined by the board, and certified by the Division of the State
Architect.
(2) Obtain Collaborative for High Performance Schools "verified"
status in accordance with the California Edition of the Collaborative
for High Performance Schools criteria.
(3) Obtain certification status in accordance with the Leadership
in Energy and Environmental Design for Schools.
(b) In addition to the funding authorized pursuant to subdivision
(a), the board shall provide funding for modernization projects that
exceed the criteria specified in subdivision (a).
(c) Within 14 calendar days of the operative date of this section,
the board shall adopt emergency regulations to administer this
section. The Office of Administrative Law shall process these
emergency regulations within 14 calendar days of their adoption.
(d) Notwithstanding Section 17074.16, school districts shall not
be required to provide matching funds for any funds received pursuant
to this section.
(e) Funds received by a school district pursuant to this section
do not constitute a modernization apportionment pursuant to this
article, and do not reduce modernization eligibility authorized by
Article 6 (commencing with Section 17073.10).
(f) The energy efficiency and renewable energy savings realized
from a project pursuant to this section, as calculated annually over
the useful life of the project, shall be retained by the school
district. The state funding shall not be reduced based on realized
energy efficiency and renewable energy savings.
(g) Funding increases pursuant to this section shall be available
for reimbursement and grants for contracts that are signed on or
after April 1, 2010.
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.