BILL ANALYSIS �
AB 405
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Date of Hearing: May 3, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 405 (Solorio) - As Amended: April 6, 2011
SUBJECT : Public postsecondary education: joint-use facilities.
SUMMARY : Establishes the California Community College Joint
Use Program to support the creation of joint-use facilities on
community college campuses. Specifically, this bill :
1)Requires the California Community Colleges (CCC) Board of
Governors to establish and govern the California Community
College Joint Use Program to support the creation of joint-use
facilities on CCC campuses, and requires the program:
a) Be established upon the availability of funding,
b) Align with established facilities regulations,
c) Be used exclusively for new or renovated facilities or
both, and,
d) Be governed by a joint-use agreement between a CCC
governing body and a third-party public agency, as
specified.
2)Authorizes a CCC district to enter into a lease or agreement
with a K-12 school district.
EXISTING LAW :
1)Authorizes a CCC district to enter into a lease or agreement
with a city, county, or city and county for the joint
occupancy, or a private education institution for its sole
occupancy, of the real property and buildings of the district,
as specified, provided the joint occupancy does not interfere
with the educational program of any school or class conducted
upon the property. (Education Code � 81420, 81422)
2)Authorizes the sale of state general obligation bonds to fund
CCC facilities, including construction of existing or new
campuses, their respective off-campus centers, and joint use
and intersegmental facilities. �AB 127, Nunez and Perata,
AB 405
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Chapter 35, Statutes of 2006 (EC � 101034.5)]
FISCAL EFFECT : Unknown
COMMENTS : Background . CCC districts have the responsibility
to maintain, renew, and enlarge the facilities at their
institutions on behalf of the students they serve. In order to
accomplish these objectives, the CCC districts are authorized to
issue commercial paper and to seek local and state financing for
their facilities. In addition to these local efforts, the
state's capital outlay program provides voter-approved statewide
general obligation bonds through grants to fund capital outlay
projects on CCC campuses. CCC districts submit projects to the
CCC Chancellor's Office to be included in the CCC Capital Outlay
Plan, which is submitted to the Legislature for approval as part
of the annual budget process. The CCC Chancellor's office
evaluates district projects based on the following funding
priorities:
1)Health and safety: no more than 50% of total available funds.
2)Growth-instructional space: 50% of remaining funds after
funding health and safety projects.
3)Modernize-instructional space: 25% of remaining funds after
funding health and safety projects.
4)Complete campus: 15% of remaining funds after funding health
and safety projects.
5)Growth-instructional support: 5% of remaining funds after
funding health and safety projects.
6)Modernize-instructional support: 5% of remaining funds after
funding health and safety projects.
Need for this bill . According to the author, "The three current
joint use facilities programs operated by the Office of Public
School Construction and the California Department of Education
are only available to projects located on kindergarten to grade
12 (K-12) school district campuses. While K-12 school districts
have a dedicated funding stream available to them for joint use
projects, community college districts do not. Additionally, the
types of projects that are most conducive to joint use
facilities, such as recreation fields and community auditoriums,
receive low priority in the traditional Community College state
facilities program. Despite growing public interest, with
limited financial resources community college districts often
cannot finance or build new college facilities that maximize the
efficiency offered by joint use projects. Joint use projects
AB 405
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create real savings for the state and local communities,
benefiting community college districts, cities, schools
districts, and taxpayers."
CCC joint-use facilities . CCC districts operate joint-use
facilities with numerous municipal and educational entities.
The most recent survey (2009) by the CCC Chancellor's Office
found that CCC districts operate 59 joint-use facilities,
including 20 partnerships with K-12 school districts.
Bond funds have been expended . The last statewide general
obligation bond, Proposition 1D, was approved by voters in
November 2006. AB 127, the Kindergarten-University Public
Education Facilities Bond Act of 2006, authorized the $10.4
billion bond proposal, which provided $7.3 billion of this
amount for K-12 education facilities and $3.087 billion for
higher education facilities. Of this amount, $1.5 billion was
provided for CCC facilities, $890 million was provided for the
University of California, and $690 million was provided for the
California State University. Bond funds are allocated through
the budget process in accordance with the segments' five-year
capital facility plans. All Proposition 1D higher education
facilities funds have been apportioned.
Related legislation . AB 822 (Block), which is pending in this
Committee, would authorize a higher education general obligation
bond. AB 331 (Brownley), which is pending in the Assembly
Education Committee, states legislative intent to authorize a
K-University general obligation bond. AB 220 (Brownley, 2009),
which was held in the Senate, would have authorized the
Kindergarten-University Public Education Facilities Bond Act of
2010, to provide for the issuance of $6.1 billion in general
obligation bonds. SB 271 (Ducheny, 2009), which was held in the
Senate Appropriations Committee, would have authorized the
Higher Education Facilities Bond Act of 2010 to fund the
construction and modernization of higher education facilities.
REGISTERED SUPPORT / OPPOSITION :
Support
California Community College League
Opposition
AB 405
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None on file.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960