BILL NUMBER: AB 1903 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Members Buchanan and Hagman
( Coauthor: Assembly Member
Silva )
( Coauthor: Senator Fuller
)
FEBRUARY 22, 2012
An act to amend Section 65995.7 of the Government Code, relating
to school facilities , and declaring the urgency thereof, to
take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 1903, as amended, Buchanan. School facilities: sale or lease of
real property.
Existing law authorizes a school district to levy a fee, charge,
dedication, or other requirement against any construction within the
boundaries of the school district for the purpose of funding the
construction or reconstruction of school facilities. The
Existing law authorizes a school district to
increase the levy, as prescribed, if state funds for new school
facility construction are not available, as defined
specified .
This bill would , commencing January 1, 2013,
suspend the operation of the provision authorizing the increased levy
from the day this bill becomes operative until January 1,
2015 , or until an earlier date upon a specified circumstance,
including passage of a statewide school facilities bond .
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65995.7 of the Government Code is amended to
read:
65995.7. (a) (1) If state funds for new school facility
construction are not available, the governing board of a school
district that complies with Section 65995.5 may increase the
alternative fee, charge, dedication, or other requirement calculated
pursuant to subdivision (c) of Section 65995.5 by an amount that may
not exceed the amount calculated pursuant to subdivision (c) of
Section 65995.5, except that for the purposes of calculating this
additional amount, the amount identified in paragraph (2) of
subdivision (c) of Section 65995.5 may not be subtracted from the
amount determined pursuant to paragraph (1) of subdivision (c) of
Section 65995.5. For purposes of this section, state funds are not
available if the State Allocation Board is no longer approving
apportionments for new construction pursuant to Article 5 (commencing
with Section 17072.20) of Chapter 12.5 of Part 10 of the Education
Code due to a lack of funds available for new construction. Upon
making a determination that state funds are no longer available, the
State Allocation Board shall notify the Secretary of the Senate and
the Chief Clerk of the Assembly, in writing, of that determination
and the date when state funds are no longer available for publication
in the respective journal of each house. For the purposes of making
this determination, the board shall not consider whether funds are
available for, or whether it is making preliminary apportionments or
final apportionments pursuant to, Article 11 (commencing with Section
17078.10).
(2) Paragraph (1) shall become inoperative commencing on the
effective date of the measure that amended this section to add this
paragraph, and shall remain inoperative through the earlier of either
of the following:
(A) November 5, 2002, if the voters reject the Kindergarten
University Public Education Facilities Bond Act of 2002, after which
date paragraph (1) shall again become operative.
(B) The date of the 2004 direct primary election after which date
paragraph (1) shall again become operative.
(3) Paragraph (1) shall become inoperative commencing on
January 1, 2013, the effective date of the measure
that amended this section to add this paragraph, and shall
remain inoperative through December 31, 2014 . On January 1,
2015, paragraph (1) shall become operative again. ,
after which date paragraph (1) shall again become operative, except
upon either of the following circumstances:
(A) A statewide school facilities bond passes prior to December
31, 2014, in which case paragraph (1) shall become operative upon
certification of the election in which the voters approved the bond.
(B) A statewide school facilities bond has not been placed on the
ballot for the November 4, 2014, general election by August 31, 2014,
in which case paragraph (1) shall become operative on September 1,
2014.
(b) A governing board may offer a reimbursement election to the
person subject to the fee, charge, dedication, or other requirement
that provides the person with the right to monetary reimbursement of
the supplemental amount authorized by this section, to the extent
that the district receives funds from state sources for construction
of the facilities for which that amount was required, less any amount
expended by the district for interim housing. At the option of the
person subject to the fee, charge, dedication, or other requirement
the reimbursement election may be made on a tract or lot basis.
Reimbursement of available funds shall be made within 30 days as they
are received by the district.
(c) A governing board may offer the person subject to the fee,
charge, dedication, or other requirement an opportunity to negotiate
an alternative reimbursement agreement if the terms of the agreement
are mutually agreed upon.
(d) A governing board may provide that the rights granted by the
reimbursement election or the alternative reimbursement agreement are
assignable.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to maintain the critical partnership in the state school
construction program, to provide greater stability in California's
housing markets, and to avoid triggering excessively high fees on
developers and therefore on homebuyers, it is necessary that this act
take effect immediately.