BILL NUMBER: SB 1380 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2010
INTRODUCED BY Senator Hancock
FEBRUARY 19, 2010
An act to amend Section 101012 of , and to add Section
17078.73 to, the Education Code, relating to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1380, as amended, Hancock. School facilities: construction.
(1) Existing law establishes the Career Technical Education
Facilities Program as a part of the Leroy F. Greene School Facilities
Act of 1998 for the purpose of providing funding to qualifying local
educational agencies for constructing new facilities or
reconfiguring existing facilities, including purchasing equipment
with an average useful life expectancy of at least 10 years, to
enhance educational opportunities for pupils in existing high
schools.
This bill would require school facilities constructed or
modernized using specified bond funds set aside for career technical
education purposes to be used for those purposes for a minimum of 25
years. A school district would be required to provide certification
regarding that use to the Office of Public School Construction during
the first year of occupation and every 5 years thereafter.
The bill would require school districts applying for a career
technical education grant to include teachers of career technical
education and members of the local career technical education
advisory committee in the design and planning process.
The bill would authorize up to 10% of the funds provided for
equipment to be used for the purchase of items or equipment with a
life expectancy of at least 5 years.
The bill would require the School Facilities Planning Division of
the State Department of Education to review the reservation of funds
aspect of the program, make recommendations to facilitate timely use
of state bond funds, and submit the findings and recommendations to
the State Allocation Board by December 31, 2011.
The
(2) The Kindergarten-University
Public Education Facilities Bond Act of 2006 provides for the
issuance and sale of $10,416,000,000 in state general obligation
bonds, of which $7,329,000,000 are for elementary and secondary
school facilities. Existing law sets aside $500,000,000 of the latter
amount for purposes relating to facilities for career technical
education programs and $1,000,000,000 for new construction funding
for severely overcrowded schoolsites. Existing law
authorizes the Legislature to adjust the funding amounts set aside
for specific purposes related to elementary and secondary school
facilities by a statute passed in each house of the Legislature by a
2/3 vote if the statute is
consistent with, and furthers the purpose of the bond act.
This bill would increase the amount set aside for facilities for
career technical education programs to $700,000,000 and reduce the
amount set aside for new construction funding for severely
overcrowded schoolsites to $800,000,000. The bill would contain a
Legislative finding and declaration that it is consistent with, and
furthers the purpose of the bond act.
Vote: 2/3 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 17078.73 is added to the
Education Code , to read:
17078.73. (a) School facilities constructed or modernized using
funds received pursuant to paragraph (4) of subdivision (a) of
Section 101012 shall be used for career technical education purposes
for a minimum of 25 years. A school district shall provide
certification regarding this use during the first year of occupation
of the school facility and every five years thereafter.
(b) A school district applying for a career technical education
grant shall include teachers of career technical education and
members of the local career technical education advisory committee in
the design and planning process leading to the submission of an
application that is a request for full funding or a reservation of
funds.
(c) Qualifying equipment purchased with funds received pursuant to
paragraph (4) of subdivision (a) of Section 101012 shall have a life
expectancy of at least 10 years, except that up to 10 percent of the
funds provided for equipment may be used for the purchase of items
or equipment with a life expectancy of at least five years.
(d) The School Facilities Planning Division of the State
Department of Education shall review the reservation of funds aspect
of the program established pursuant to this article and shall
identify the number of applications submitted as requests for a
reservation of funds that have resulted in completed projects, the
length of time between when the reservation of funds is made and
space is occupied or equipment is purchased. The School Facilities
Planning Division of the State Department of Education shall make
recommendations to facilitate timely use of state bond funds.
Findings and recommendations shall be submitted to the board by
December 31, 2011.
SECTION 1. SEC. 2. Section 101012 of
the Education Code is amended to read:
101012. (a) The proceeds from the sale of bonds, issued and sold
for the purposes of this chapter, shall be allocated in accordance
with the following schedule:
(1) The amount of one billion nine hundred million dollars
($1,900,000,000) for new construction of school facilities of
applicant school districts under Chapter 12.5 (commencing with
Section 17070.10) of Part 10. Of the amount allocated under this
paragraph, up to 10.5 percent shall be available for purposes of
seismic repair, reconstruction, or replacement, pursuant to Section
17075.10.
(2) The amount of five hundred million dollars ($500,000,000)
shall be available for providing school facilities to charter schools
pursuant to Article 12 (commencing with Section 17078.52) of Chapter
12.5 of Part 10.
(3) The amount of three billion three hundred million dollars
($3,300,000,000) for the modernization of school facilities pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10.
(4) The amount of seven hundred million dollars ($700,000,000) for
the purposes set forth in Article 13 (commencing with Section
17078.70) of Chapter 12.5 of Part 10, relating to facilities for
career technical education programs.
(5) Of the amounts allocated under paragraphs (1) and (3), up to
two hundred million dollars ($200,000,000) for the purposes set forth
in Chapter 894 of the Statutes of 2004, relating to incentives for
the creation of smaller learning communities and small high schools.
(6) The amount of twenty-nine million dollars ($29,000,000) for
the purposes set forth in Article 10.6 (commencing with Section
17077.40) of Chapter 12.5 of Part 10, relating to joint use projects.
(7) The amount of eight hundred million dollars ($800,000,000)
shall be available for providing new construction funding to severely
overcrowded schoolsites pursuant to Article 14 (commencing with
Section 17079) of Chapter 12.5 of Part 10.
(8) The amount of one hundred million dollars ($100,000,000) for
incentive grants to promote the use of designs and materials in new
construction and modernization projects that include the attributes
of high-performance schools, including, but not limited to, the
elements set forth in Section 17070.96, pursuant to regulations
adopted by the State Allocation Board.
(b) School districts may use funds allocated pursuant to paragraph
(3) of subdivision (a) only for one or more of the following
purposes in accordance with Chapter 12.5 (commencing with Section
17070.10) of Part 10:
(1) The purchase and installation of air-conditioning equipment
and insulation materials, and related costs.
(2) Construction projects or the purchase of furniture or
equipment designed to increase school security or playground safety.
(3) The identification, assessment, or abatement in school
facilities of hazardous asbestos.
(4) Project funding for high-priority roof replacement projects.
(5) Any other modernization of facilities pursuant to Chapter 12.5
(commencing with Section 17070.10) of Part 10.
(c) Funds allocated pursuant to paragraph (1) of subdivision (a)
may also be utilized to provide new construction grants for eligible
applicant county boards of education under Chapter 12.5 (commencing
with Section 17070.10) of Part 10 for funding classrooms for severely
handicapped pupils, or for funding classrooms for county community
school pupils.
(d) (1) The Legislature may amend this section to adjust the
funding amounts specified in paragraphs (1) to (8), inclusive, of
subdivision (a), only by either of the following methods:
(A) By a statute, passed in each house of the Legislature by
rollcall vote entered in the respective journals, by not less than
two-thirds of the membership in each house concurring, if the statute
is consistent with, and furthers the purposes of, this chapter.
(B) By a statute that becomes effective only when approved by the
voters.
(2) Amendments pursuant to this subdivision may adjust the amounts
to be expended pursuant to paragraphs (1) to (8), inclusive, of
subdivision (a), but may not increase or decrease the total amount to
be expended pursuant to that subdivision.
(e) Funds available pursuant to this section may be used for
acquisition of school facilities authorized pursuant to Section
17280.5.
SEC. 2. SEC. 3. The Legislature
finds and declares that this act is consistent with, and furthers the
purpose of the bond act.