BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1748
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1748 (Fong)
          As Introduced  February 17, 2012
          Majority vote 

           HIGHER EDUCATION         9-0                                    
           
           ----------------------------------------------------------------- 
          |Ayes:|Block, Olsen, Achadjian,  |     |                          |
          |     |Brownley, Fong, Galgiani, |     |                          |
          |     |Lara, Miller, Portantino  |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Removes the limitation that the fair market value of 
          specified short-term leases not exceed $25,000 annually, for 
          California Community College (CCC) district buildings or space 
          not being used for educational purposes. 

           EXISTING LAW  exempts certain lease arrangements from the general 
          provisions regarding the lease and sale of CCC district 
          property, including CCC district property that is not needed for 
          educational activities, if it is leased for a period of more 
          than five days but less than five years and the fair market 
          value of the lease does not exceed $25,000 annually.  CCC 
          district governing boards seeking to enter into the 
          aforementioned negotiated lease are required to include the 
          proposed lease and methodology used to determine the value of 
          the lease as an agenda item in a public meeting, and provide one 
          week public notice before taking action on the lease agreement.  
            

           FISCAL EFFECT  :  Unknown.  This bill has been keyed non-fiscal by 
          the Legislative Counsel. 

           COMMENTS  :  This bill authorizes CCC districts to enter into 
          negotiated short-term lease agreements for property not needed 
          for educational purposes and generate fair market value for that 
          property, not subject to the $25,000 annual limitation.  
          Existing law authorizes CCC districts to enter into leases for 
          longer-terms or greater than $25,000 annually but requires a 
          public bid process that accepts the highest responsible bid.  
          The author argues that the current cap of $25,000 on short-term 
          leases was put into place almost 20 years ago and does not take 
          into account differences in property value throughout the state 








                                                                  AB 1748
                                                                  Page  2


          or increase in value over time.  Further, multiple years of 
          budget cuts and increasing demand for higher education have left 
          CCC districts needing to maximize alternative revenue sources.  
          By relieving CCC districts of the $25,000 cap on short-term 
          leases this bill will provide districts greater ability to 
          increase revenues through leasing unused buildings and space.    


           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916) 
          319-3960 


                                                                FN: 0003206