California Legislature—2013–14 Regular Session

Assembly Bill No. 1581

Introduced by Assembly Member Buchanan

February 3, 2014

An act to amend 17070.51 of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1581, as introduced, Buchanan. School facilities.

Existing law, the Leroy F. Greene School Facilities Act of 1998, 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. The board is required to impose specified penalties if a material inaccuracy is found in an eligibility or funding application.

This bill would make nonsubstantive changes in the provision regarding penalties for material inaccuracies.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 17070.51 of the Education Code is
amended to read:

17070.51.  

(a) If begin delete any end delete begin insert a end insert certified eligibility or funding
application related information is found to have been falsely
certified by begin delete school districts, architects or design professionals end delete begin insert a
school district, architect, or design profess end insert begin insert i end insert begin insert onal end insert , hereinafter
referred to as a material inaccuracy, the Office of Public School
Construction shall notify the board.

(b) The board shall impose the following penalties if an
apportionment and fund release has been made based upon
information in the project application or related materials that
constitutes a material inaccuracy.

(1) Pursuant to a repayment schedule approved by the board of
no more than five years, the school district shall repay to the board,
for deposit into the 1998 State School Facilities Fund, the 2002
State School Facilities Fund, or the 2004 State School Facilities
Fund, as the case may be, an amount proportionate to the additional
funding received as a result of the material inaccuracy including
interest at the rate paid on moneys in the Pooled Money Investment
Account or at the highest rate of interest for the most recent issue
of state general obligation bonds as established pursuant to the
Chapter 4 (commencing with Section 16720) begin delete , end delete of Part 3 of Division
4 of Title 2 of the Government Code, whichever is greater.

(2) The board shall prohibit the school district from
self-certifying certain project information for begin delete any end delete subsequent
applications for project funding for a period of up to five years
following the date of the finding of a material inaccuracy or until
the begin insert school end insert district’s repayment of the entire amount owed under
paragraph (1). Although a school district that is subject to this
paragraph may not self-certify, the school district shall not be
prohibited from applying for state funding under this chapter. The
board shall establish an alternative method for state or independent
certification of compliance that shall be applicable in these cases.
The process shall include, but shall not be limited to, procedures
for payment by the school district of begin delete any end delete increased costs associated
with the alternative certification process.

(c) For begin insert a end insert school begin delete districts end delete begin insert district end insert found to have provided begin insert a end insert
material begin delete inaccuracies end delete begin insert inaccuracy end insert when a funding apportionment
has occurred, but no fund release has been made, the board shall
direct its staff to reduce the apportionment as necessary to reflect
the actual nature of the project and to disregard the inaccurate
information or material, and paragraph (2) of subdivision (b) shall
apply.

(d) For begin delete those end delete begin insert a end insert school begin delete districts end delete begin insert district end insert found to have provided
begin insert a end insert material begin delete inaccuracies end delete begin insert inaccuracy end insert when no funding apportionment
or fund release has been made, the inaccurate information or
materials shall not be considered, and paragraph (2) of subdivision
(b) shall apply. The project may continue if the application, minus
the inaccurate materials, is still complete.