Amended  IN  Assembly  May 23, 2022
Amended  IN  Assembly  May 19, 2022
Amended  IN  Assembly  March 28, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1764

Introduced by Assembly Member Medina
(Coauthor: Senator Wiener)

February 02, 2022

An act to amend Section 81050.5 of, and to add and repeal Section 66014.7 of, of the Education Code, and to amend Section 4454.5 of the Government Code, relating to public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 1764, as amended, Medina. Public postsecondary education: student housing: survey.
Existing law establishes the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state.
This bill would require the Office of the Chancellor of the California State University and the Office of the Chancellor of the California Community Colleges, and request the Office of the President of the University of California, to collect data on student housing insecurity at each of their respective campuses, as specified. The bill would require each segment to submit a report that compiles the collected data to the Legislature, Legislature and the Legislative Analyst’s Office, the Department of Finance, the Department of Housing and Community Development, and the Division of the State Architect Office on or before October 15, 2023, on or before October 15, 2025, and on or before October 15, 2027, as specified. To the extent the bill imposes additional duties on community college districts, the bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2028.

The Field Act requires the Department of General Services to supervise the design and construction of any school building, including both school district and community college district buildings, or, if the estimated cost exceeds $100,000, the reconstruction or alteration of or addition to any school building, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to the act and with relevant building standards, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications. Existing law defines “school building” for these purposes, but excludes from that definition any building used or intended to be used by a community college district as a personal residence by a teacher or employee of a community college district, with the teacher’s or employee’s family, if applicable.

This bill also would exclude from the definition of “school building” for purposes of the Field Act any building used or intended to be used as a residence for students attending a campus of a community college district. The bill would require the Department of General Services to approve plans and specifications for a residence for students attending a campus of a community college upon a request by the community college district.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 66014.7 is added to the Education Code, to read:

66014.7.
 (a) The Office of the Chancellor of the California State University and the Office of the Chancellor of the California Community Colleges shall, and the Office of the President of the University of California is requested to, collect data on student housing insecurity at each of their respective campuses.
(b) The collected data shall include all of the following information:
(1) The number of students who request, and the number of students who receive, receive housing assistance for on-campus or off-campus housing disaggregated by all of the following:
(A) Gender.

(B)Race and ethnicity.

(B) Ethnicity.
(C) The percentage of students who have dependents.
(D) The percentage of students who are first-generation college students.
(E) The percentage of students who are current or former foster youth.
(F) The percentage of students who are students with disabilities as identified by the campus.
(G) The percentage of students who are current or former homeless youth.
(H) The percentage of students who identify as LGBTQI+.

(I)Full-time and part-time enrollment status, as defined by the institution that they attend.

(2) The number of students who live on campus and the number of available beds on campus.
(3) The average rental rate for a two-bed dorm room and a two-bedroom apartment on campus.
(4) The average rental rate for a two-bedroom apartment in the city or county where the campus is located, if available.
(c) For purposes of this section, the following definitions apply:
(1) “Current or former foster youth” means a person in the state whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the person’s 13th birthday and who is no older than 25 years of age at the commencement of the academic year.
(2) “Current or former homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of the youth’s application for admission by a campus, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:
(A) A homeless services provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code.
(B) The director, or their designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program.
(C) A financial aid administrator.
(d) Data collected pursuant to subdivisions (a) and (b) shall be collected by the department or center on campus tasked with providing on-campus and off-campus housing assistance to students.
(e) (1) The Office of the Chancellor of the California State University, the Office of the Chancellor of the California Community Colleges, and the Office of the President of the University of California shall submit the report described in paragraph (2) to the Legislature, Legislature and the Legislative Analyst’s Office, the Department of Finance, the Department of Housing and Community Development, and the Division of the State Architect Office on or before October 15, 2023, on or before October 15, 2025, and on or before October 15, 2027.
(2) Each segment shall submit one report that compiles all of the campus data collected pursuant to subdivision (b).
(3) The Legislative Analyst’s Office shall distribute the submitted data to the appropriate state departments and agencies, including, but not limited to, the Department of Finance, the Department of Housing and Community Development, and the Division of the State Architect.

(3)

(4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(f) It is the intent of the Legislature that the collected data be used to improve state policy discussions on student housing, to identify campuses and segments with the greatest barriers to student housing, and to prioritize future state funding designated for student housing.
(g) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 2.Section 81050.5 of the Education Code is amended to read:
81050.5.

(a)For purposes of this article, Article 7 (commencing with Section 81130), and Article 8 (commencing with Section 81160), “school building” does not include any building used or intended to be used by a community college district as residential housing.

(b)As used in this section, “residential housing” means any building used as a personal residence by a teacher or employee of a community college district, with the teacher’s or employee’s family, if applicable, and any building used as a residence for students attending a campus of a community college district.

(c)The Department of General Services shall approve plans and specifications for a residence for students attending a campus of a community college upon a request by the community college district, pursuant to Sections 81130 and 81160.

SEC. 3.Section 4454.5 of the Government Code is amended to read:
4454.5.

(a)A building or facility otherwise subject to this chapter that is used or intended to be used by a school district or community college district as residential housing is exempt from the requirement for approval of plans and specifications by the Department of General Services pursuant to Section 4454.

(b)As used in this section, “residential housing” means any building used as a personal residence by a teacher or employee of a school district or community college district, with the teacher’s or employee’s family, if applicable, and any building used as a residence for students attending a campus of a community college district.

(c)The Department of General Services shall approve plans and specifications for a residence for students attending a campus of a community college upon a request by the community college district, pursuant to Section 4454.

SEC. 4.SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.