BILL ANALYSIS �
AB 1906
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Date of Hearing: April 1, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 1906 (Wilk) - As Introduced: February 19, 2014
SUBJECT : Community college property: direct costs for use.
SUMMARY : Authorizes a governing board of a community college
district (CCD) to, until January 1, 2022, charge an entity for
using college facilities or grounds, an amount for maintenance,
repair, restoration, and refurbishment, proportional to the use
of the entity's use of the college facilities or grounds.
Specifically, this bill :
1)Revises the definition of "direct costs" to mean all of the
following:
a) The share of the costs of supplies, utilities,
janitorial services, services of any other district
employees directly associated with the administration of
the Civic Center Act, and salaries paid to CCD employees to
operate and maintain college facilities or grounds that is
proportional to the organization's use of the college
facilities and grounds of the district; and,
b) The share of the costs for maintenance, repair,
restoration, and refurbishment, proportional to the use of
the college facilities or grounds by the organization using
the college facilities or grounds, as follows:
i) "College facilities" shall be limited to only
nonclassroom space, and "grounds" shall include, but not
be limited to, playing fields, athletic fields, track and
field venues, tennis courts, and outdoor basketball
courts;
ii) The share of the costs for maintenance, repair,
restoration, and refurbishment shall not apply to either
of the following:
(1) Classroom-based programs that operate after
school hours, including, but not limited to, after
school programs, tutoring programs, or child care
programs; and,
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(2) Organizations retained by the college or CCD
to provide instruction or instructional activities to
students during school hours.
iii) Funds collected shall be deposited into a special
fund that shall only be used for purposes specified in
this bill.
2)Requires the Chancellor of the California Community Colleges
(CCC) to, by December 31, 2015, develop, and the CCC Board of
Governors to adopt, regulations to be used by a governing
board of a community college in determining the proportionate
share and the specific allowable costs that a CCD may include
as direct costs for the use of its college facilities or
grounds.
3)Sunsets on January 1, 2022, and as of that date is repealed,
unless a later enacted statute, that is enacted before January
1, 2022, deletes or extends that date.
4)Makes clarifying and technical changes to existing law.
EXISTING LAW :
1)Establishes the Civic Center Act at each community college
facility and grounds within the state where the citizens,
school-community advisory councils, senior citizens'
organizations clubs, and associations, may engage in
supervised recreational activities and hold meetings.
Authorizes the governing boards of the CCDs to grant the use
of the community college facility or grounds upon the terms
and conditions the governing board deems appropriate for
various purposes (Education Code � 82537).
2)Requires the governing board of a CCD to authorize the use of
any college facilities or grounds under its control, when an
alternative location is not available, to nonprofit
organizations and clubs and associations organized for general
character building or welfare purposes including, but not
limited to: 1) Camp Fire Girls, Girl Scout troops, and Boy
Scout Troops; 2) student clubs and organizations; and, 3)
parent-teachers' associations. Authorizes the governing board
to charge an amount not to exceed its direct costs for use of
its community college facility or grounds based on an adopted
policy specifying which activities will be assessed a fee.
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Requires the governing board to charge an amount at least
equal to the district's direct costs for use of the community
college facility or grounds by a church or religious
organization and fair rental value entertainments or meetings
where admission fees are charged or contributions are
solicited and the net receipts are not expended for the
welfare of the students of the districts or for charitable
purposes. Defines "direct costs" as those costs of supplies,
utilities, janitorial services, services of any other district
employees, and salaries paid CCD employees necessitated by the
organization's use of the school facilities and grounds of the
district (EC � 82542).
FISCAL EFFECT : Unknown
COMMENTS : Background . As described in the "existing law"
section of this analysis, the Civic Center Act requires CCDs to
authorize the use of any college facilities or grounds to
school-related and community organizations for various purposes
and authorizes a CCD to charge a fee for the use of a community
college facility or grounds. Governing boards of a CCD are
required to adopt policies specifying the type of activities
that require a fee. Additionally, Existing law defines "direct
costs" as the costs of supplies, utilities, janitorial services,
and salaries of CCD employees required to facilitate an
organization's use of the facilities or grounds.
This bill, until January 1, 2022, authorizes a CCD to charge a
proportional amount for the maintenance, repair, restoration and
refurbishment for the use of non-classroom space and school
grounds, defined as playing fields, athletic fields, track and
field venues, tennis courts, and outdoor basketball courts.
This bill exempts classroom-based after school programs,
including, but not limited to, tutoring programs or child care
programs, and organizations serving student populations during
the core school day from the maintenance fee.
Need for the bill . According to the author's office, since the
Civic Center Act allows community members to rent community
college facilities and grounds at "direct costs" only, the cost
does not include any share of wear of the community college
facility or grounds. The author contends that this leaves the
CCD with the entire cost of the upkeep of the facilities. The
author states, "CCCs [California Community Colleges] have
limited options when paying for repairs. Essentially, it must
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either come from a bond or their general fund. When bond money
is not available, general fund money that could be going towards
student success must be redirected to maintain facilities. Thus
much upkeep is passed over leaving students and community groups
with low-grade facilities."
According to College of the Canyons, supporters of this measure,
the facilities that are used the majority of the time by direct
cost users are those that would be too costly to rent by
non-direct cost users and require the highest level of
maintenance. Examples of the community college facilities and
grounds that are most frequently rented by direct cost users
include, but are not limited to: 1) performing arts centers; 2)
outdoor stadiums, including tracks; 3) gymnasiums and locker
rooms; and, 4) cafeterias. CCDs are unable to charge for any of
the wear and tear to their most expensive facilities, leaving
the costs of repairs and renovations resting solely to their
limited budgets.
A CCD life-cycle projection is based on their projected
operational use; budgeting is therefore calculated on that
basis. The more a facility is used, the faster its life-cycle
is reached; leaving the CCD to make repairs and renovations
sooner than anticipated. This measure will allow, until January
1, 2022, a CCD to charge an entity for the expedited life-cycle
costs for facilities that endure a usage factor beyond that of
the normal CCD operations.
Parity with school districts . As of January 1, 2013, school
districts, by way of SB 1404 (Hancock, Chapter 764, Statutes of
2012), are able to charge an entity for using school facilities
or grounds, an amount for maintenance, repair, restoration, and
refurbishment, proportional to the use of the entity's use of
the school facilities or grounds.
This measure will create parity between the school districts and
the CCDs.
REGISTERED SUPPORT / OPPOSITION :
Support
College of the Canyons
Community College League of California
Kern Community College District
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Los Angeles Community College District
South Orange County Community College Distrct
Opposition
None on file.
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960