Bill Text: CA AB2235 | 2013-2014 | Regular Session | Amended
Bill Title: Education facilities: Kindergarten-University Public
Spectrum: Moderate Partisan Bill (Democrat 13-3)
Status: (Engrossed - Dead) 2014-08-26 - From inactive file. Re-referred to Com. on RLS. [AB2235 Detail]
Download: California-2013-AB2235-Amended.html
BILL NUMBER: AB 2235 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE JUNE 23, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
INTRODUCED BY Assembly Members Buchanan and Hagman
(Coauthors: Assembly Members Bocanegra, Bonta, Ian Calderon,
Chávez, Chesbro, Fong, Gonzalez, Maienschein, Medina, Nazarian,
Olsen, V. Manuel Pérez, Quirk-Silva, and Skinner)
FEBRUARY 21, 2014
An act to amend Sections 17070.40 and 17074.26
17070.15, 17070.40, 17070.75, 17072.35, 17074.25, 17074.26, and
17592.70 of, to add Sections 17071.15, 17072.40, and
17073.16 , and 17254 to, to add Part 70
(commencing with Section 101100) to Division 14 of Title 3 of, and to
repeal Sections 17070.99, 17071.33, 17071.35, and 17071.40 of, the
Education Code, relating to education facilities, by providing the
funds necessary therefor through an election for the issuance and
sale of bonds of the State of California and for the handling and
disposition of those funds, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2235, as amended, Buchanan. Education facilities:
Kindergarten-University Public Education Facilities Bond Act of 2014.
(1) 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 bill would revise the definition of modernization under the
act to include the replacement of facilities on a site containing a
permanent structure that is at least 25 years old or, in the case of
a portable classroom, that is at least 20 years old, as specified.
The bill would reduce the minimum amount that an applicant school
district under the act must set aside for ongoing and major
maintenance of school buildings from 3% to 2% of the total general
fund expenditures of that district in a fiscal year.
This bill would delete a provision requiring the State Allocation
Board to conduct an evaluation of the cost of new construction and
modernization of small high schools in conjunction with a specified
pilot program.
The bill would require each school district that elects to
participate in a new construction or modernization program
funded by the proceeds of any bond approved by the voters after
November 1, 2014, to reestablish eligibility, as specified ,
and to conduct an inventory of existing facilities for
purposes of maintaining a statewide school facilities inventory
.
The bill would authorize a grant for new construction or
modernization under the act to be used for seismic mitigation
purposes and for related design, study, and testing costs, and
require the State Allocation Board, in the development of guidelines
and regulations, to provide a school district with maximum
flexibility in the design, modernization, and new construction of
school facilities.
The bill would require the Office of Public School Construction to
recommend regulations to the board to provide school districts with
flexibility in designing instruction facilities.
The bill would require the State Department of Education, the
Division of the State Architect, the Office of Public School
Construction, and the Department of Toxic Substances Control to
convene for the purposes of developing an interagency plan to
streamline the school facility construction application, review, and
audit processes in order to reduce the time and improve the
efficiency of the school facility construction process. The bill
would require that this interagency plan be submitted to the
Legislature on or before July 1, 2015.
(2) Existing law, the California Constitution, prohibits the
Legislature from creating a debt or liability that singly or in the
aggregate with any previous debts or liabilities exceeds the sum of
$300,000, except by an act that (a) authorizes the debt for a single
object or work specified in the act, (b) has been passed by a 2/3
vote of all the members elected to each house of the Legislature, (c)
has been submitted to the people at a statewide general or primary
election, and (d) has received a majority of all the votes cast for
and against it at that election.
This bill would enact the Kindergarten-University Public Education
Facilities Bond Act of 2014 to authorize an unspecified
amount $4,300,000,000 of state general
obligation bonds, as scheduled, to provide aid to school districts,
county superintendents of schools, county boards of education,
charter schools, the California Community Colleges, the University of
California, the Hastings College of the Law, and the California
State University to construct and modernize education facilities. The
proceeds of these bonds would be deposited in the continuously
appropriated 2014 State School Facilities Fund, which this bill would
establish, thereby making an appropriation.
The proposed bond act would become operative only if
approved by the voters at the November 4, 2014, statewide general
election, and the bill would provide for its submission to
the voters at that election. The bill would require the
Secretary of State to publish, and separately mail, a supplemental
ballot pamphlet regarding the proposed bond act if it is
not possible to include information regarding this proposed bond act
in the ballot pamphlet for the November 4, 2014, statewide general
election. The bill would provide for public examination of the
translations of the ballot title and condensed statement of the
ballot title of the proposed bond act, as specified.
(3) This bill would specify that it
certain of its provisions would become operative only if the
Kindergarten-University Public Education Facilities Bond Act of 2014
is approved by the voters at the November 4, 2014, statewide general
election.
(4) The bill would make conforming changes in related provisions
of existing law.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17070.15 of the
Education Code is amended to read:
17070.15. The following terms, wherever used or referred to in
this chapter, shall have the following meanings, respectively, unless
a different meaning appears from the context:
(a) "Apportionment" means a reservation of funds for the purpose
of eligible new construction, modernization, or hardship approved by
the board for an applicant school district.
(b) "Attendance area" means the geographical area serving an
existing high school and those junior high schools and elementary
schools included therein.
(c) "Board" means the State Allocation Board as established by
Section 15490 of the Government Code.
(d) "Committee" means the State School Building Finance Committee
established pursuant to Section 15909.
(e) "County fund" means a county school facilities fund
established pursuant to Section 17070.43.
(f) "Department" means the Department of General Services.
(g) "Fund" means the applicable 1998 State School Facilities Fund,
the 2002 State School Facilities Fund, or the 2004 State School
Facilities Fund, established pursuant to Section 17070.40.
(h) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(i) "Modernization" means any modification or replacement
of a permanent structure that is at least 25 years old, or in
the case of a portable classroom, that is at least 20 years old, that
will enhance the ability of the structure to achieve educational
purposes.
(j) "Portable classroom" means a classroom building of one or more
stories that is designed and constructed to be relocatable and
transportable over public streets, and with respect to a single story
portable classroom, is designed and constructed for relocation
without the separation of the roof or floor from the building and
when measured at the most exterior walls, has a floor area not in
excess of 2,000 square feet.
(k) "Property" includes all property, real, personal or mixed,
tangible or intangible, or any interest therein necessary or
desirable for carrying out the purposes of this chapter.
( l ) "School building capacity" means the capacity of
a school building to house pupils.
(m) "School district" means a school district or a county office
of education. For purposes of determining eligibility under this
chapter, "school district" may also mean a high school attendance
area.
SECTION 1. SEC. 2. Section 17070.40
of the Education Code is amended to read:
17070.40. (a) (1) A fund is hereby established in the State
Treasury, to be known as the 1998 State School Facilities Fund. All
money in the fund, including any money deposited in that fund from
any source whatsoever, and notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated without regard
to fiscal years for expenditure pursuant to this chapter.
(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 1998 State
School Facilities Fund from any source.
(3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 1998 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
(4) The board may make disbursements pursuant to any apportionment
made from any funds in the 1998 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 1998 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
(b) (1) A fund is hereby established in the State Treasury, to be
known as the 2002 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2002 State
School Facilities Fund from any source.
(3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2002 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
(4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2002 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2002 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
(c) (1) A fund is hereby established in the State Treasury, to be
known as the 2004 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2004 State
School Facilities Fund from any source.
(3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2004 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
(4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2004 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2004 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
(d) (1) A fund is hereby established in the State Treasury, to be
known as the 2006 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2006 State
School Facilities Fund from any source.
(3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2006 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
(4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2006 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2006 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
(e) (1) A fund is hereby established in the State Treasury, to be
known as the 2014 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
(2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2014 State
School Facilities Fund from any source.
(3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2014 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
(4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2014 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2014 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
SEC. 3. Section 17070.75 of the
Education Code is amended to read:
17070.75. (a) The As a condition of
participation in the school facility program, the board shall
require the school district to make all necessary repairs, renewals,
and replacements to ensure that a project is at all times maintained
in good repair, working order, and condition. All costs incurred for
this purpose shall be borne by the school district.
(b) In order to ensure compliance with subdivision (a) and to
encourage school districts to maintain all buildings under their
control, the board shall require an applicant school district to do
all of the following prior to the approval of a project:
(1) Establish a restricted account within the general fund of the
school district for the exclusive purpose of providing moneys for
ongoing and major maintenance of school buildings, according the
highest priority to funding for the purposes set forth in subdivision
(a).
(2) (A) Agree to deposit into the account established pursuant to
paragraph (1), in each fiscal year for 20 years after receipt of
funds under this chapter, a minimum amount equal to or greater than
3 2 percent of the total general fund
expenditures of the applicant school district, including other
financing uses, for that fiscal year. Annual deposits to the
account established pursuant to paragraph (1) in excess of 2
1/2 percent of the school
district general fund budget may count towards the amount of funds
required to be contributed by a school district in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used for
purposes that qualify for funding under that section.
(B) Notwithstanding subparagraph (A), for the 2004-05 fiscal year
only, an applicant school district shall deposit into the account
established pursuant to paragraph (1), no less than 2 percent of the
total general fund expenditures of the school district, including
other financing uses, for the fiscal year. The annual deposit to the
account in excess of 11/2 percent of the school district general fund
budget for the 2004-05 fiscal year may count towards the amount that
a school district is required to contribute in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used for
purposes that qualify for funding under that section.
(C)
(B) A school district contribution to the account may
be provided in lieu of meeting the ongoing maintenance requirements
pursuant to Section 17014 to the extent the funds are used for
purposes established in that section. A school district that serves
as the administrative unit for a special education local plan area
may elect to exclude from its total general fund expenditures, for
purposes of this paragraph, the distribution of revenues that are
passed through to participating members of the special education
local plan area.
(D)
(C) This paragraph applies only to the following school
districts:
(i) High school districts with an average daily attendance greater
than 300 pupils.
(ii) Elementary school districts with an average daily attendance
greater than 900 pupils.
(iii) Unified school districts with an average daily attendance
greater than 1,200 pupils.
(3) Certify that it has publicly approved an ongoing and major
maintenance plan that outlines the use of the funds deposited, or to
be deposited, pursuant to paragraph (2). The plan may provide that
the school district need not expend all of its annual allocation for
ongoing and major maintenance in the year in which it is deposited if
the cost of major maintenance requires that the allocation be
carried over into another fiscal year. However, any state funds
carried over into a subsequent year may not be counted toward the
annual minimum contribution by the school district. A plan
developed in compliance with this section shall be deemed to meet the
requirements of Section 17585.
(c) A school district to which paragraph (2) of subdivision (b)
does not apply shall certify to the board that it can reasonably
maintain its facilities with a lesser level of maintenance.
(d)
(c) For purposes of calculating a county office of
education requirement pursuant to this section, the 3
2 percent maintenance requirement shall be based
upon the county office of education general fund less any restricted
accounts.
(e)
(d) As a condition of participation in the school
facilities program or the receipt of funds pursuant to Section 17582,
for a fiscal year after the 2004-05 fiscal year, a school district
shall establish a facilities inspection system to ensure that each of
its schools is maintained in good repair.
(f)
(e) For purposes of this section, "good repair" has the
same meaning as specified in subdivision (d) of Section 17002.
SEC. 2. SEC. 4. Section 17070.99 of
the Education Code is repealed.
SEC. 3. SEC. 5. Section 17071.15 is
added to the Education Code, to read:
17071.15. Notwithstanding Section 17071.10, the board may require
each school district that elects to participate in the new
construction program funded by the proceeds of any bond approved by
voters after November 1, 2014, to reestablish eligibility pursuant to
regulations adopted by the board. In addition, the board shall
require a school district that elects to participate in the new
construction program to conduct an inventory of existing facilities
and submit this information to the board, as prescribed by the board,
for purposes of maintaining a statewide school facilities inventory.
SEC. 4. SEC. 6. Section 17071.33 of
the Education Code is repealed.
SEC. 5. SEC. 7. Section 17071.35 of
the Education Code is repealed.
SEC. 6. SEC. 8. Section 17071.40 of
the Education Code is repealed.
SEC. 9. Section 17072.35 of the
Education Code is amended to read:
17072.35. (a) (1) A
grant for new construction may be used for any and all costs
necessary to adequately house new pupils in any approved project, and
those costs may only include the cost of design, engineering,
testing, inspection, plan checking, construction management, site
acquisition and development, evaluation and response action costs
relating to hazardous substances at a new or existing schoolsite,
demolition, construction, acquisition and installation of portable
classrooms, landscaping, necessary utility costs, utility connections
and other fees, equipment including telecommunication equipment to
increase school security, furnishings, and the upgrading of
electrical systems or the wiring or cabling of classrooms in order to
accommodate educational technology. A grant for new construction may
also be used to acquire an existing government or privately owned
building, or a privately financed school building, and for the
necessary costs of converting the government or privately owned
building for public school use. A grant for new construction may also
be used for the costs of designs and materials that promote the
efficient use of energy and water, the maximum use of natural
lighting and indoor air quality, the use of recycled materials and
materials that emit a minimum of toxic substances, the use of
acoustics conducive to teaching and learning, and other
characteristics of high performance schools. A grant for new
construction may be used for seismic mitigation purposes and for
related design, study, and testing costs.
(2) An applicant who receives a new construction grant shall
ensure that the project incorporates designs and materials that
promote the efficient use of energy and water, the maximum use of
natural lighting and indoor air quality, the use of recycled
materials and materials that emit a minimum of toxic substances, the
use of acoustics conducive to teaching and learning, and other
characteristics of high performance schools.
(b) In the development of guidelines and regulations, the board
shall provide a school district with maximum flexibility in the
design and new construction of school facilities.
SEC. 7. SEC. 10. Section 17072.40 is
added to the Education Code, to read:
17072.40. The Office of Public School Construction, in
consultation with the State Department of Education, shall recommend
to the board regulations that will provide school districts with
flexibility in designing instructional facilities. These
recommendations shall propose revisions to any regulations that limit
the ability of school districts to use new construction grants to
construct instructional space approved by the State Department of
Education. The proposed revisions shall ensure that a school district
has the ability to design a facility that provides a flexible
learning environment, provides for the integration and use of
technology, and serves as an instructional space and learning
environment that supports and enhances the educational
delivery process.
SEC. 8. SEC. 11. Section 17073.16 is
added to the Education Code, to read:
17073.16. The board may require each school district that elects
to participate in the modernization program funded by the proceeds of
any bond approved by voters after November 1, 2014, to reestablish
baseline eligibility for each schoolsite pursuant to regulations
adopted by the board. In addition, the board shall require a
school district that elects to participate in the modernization
program to conduct an inventory of existing facilities and submit
this information to the board, as prescribed by the board, for
purposes of maintaining a statewide school facilities inventory.
SEC. 12. Section 17074.25 of the
Education Code is amended to read:
17074.25. (a) (1) A modernization
apportionment may be used for an improvement to extend the useful
life of, or to enhance the physical environment of, the school. The
improvement may only include the cost of design, engineering,
testing, inspection, plan checking, construction management,
demolition, construction, the replacement of portable classrooms,
necessary utility costs, utility connection and other fees, the
purchase and installation of air-conditioning equipment and
insulation materials and related costs, furniture and equipment,
including telecommunication equipment to increase school security,
fire safety improvements, playground safety improvements, the
identification, assessment, or abatement of hazardous asbestos,
seismic safety improvements, and the upgrading of electrical systems
or the wiring or cabling of classrooms in order to accommodate
educational technology. A modernization grant may not be used for
costs associated with acquisition and development of real property or
for routine maintenance and repair. A modernization apportionment
may also be used for the cost of designs and materials that promote
the efficient use of energy and water, the maximum use of natural
lighting and indoor air quality, the use of recycled materials and
materials that emit a minimum of toxic substances, the use of
acoustics conducive to teaching and learning, and other
characteristics of high-performance schools. A modernization
apportionment may also be used for seismic mitigation purposes and
for related design, study , and testing costs.
(2) An applicant who receives a modernization apportionment shall
ensure that the project incorporates designs and materials that
promote the efficient use of energy and water, the maximum use of
natural lighting and indoor air quality, the use of recycled
materials and materials that emit a minimum of toxic substances, the
use of acoustics conducive to teaching and learning, and other
characteristics of high performance schools.
(b) In the development of guidelines and regulations, the board
shall provide a school district with maximum flexibility in the
design and modernization of school facilities.
(c) (1) A modernization apportionment may also be used to demolish
and construct a building or buildings on an existing schoolsite if
the total cost of providing a new school building, including land, on
a new site would not protect the economic interest of the state and
school district.
(2) A project deemed to meet the requirements of paragraph (1)
shall be eligible for a grant equal to the grant provided under
Section 17072.10.
(d) The board shall establish additional requirements it deems
necessary to ensure that the economic interests of the state and the
educational interests of the children of the state are protected.
SEC. 9. SEC. 13. Section 17074.26 of
the Education Code is amended to read:
17074.26. The board shall adopt regulations to adjust the
per-pupil amounts set forth in Section 17074.10 for modernization
projects for school buildings that are 50 years old or older based
upon the higher costs associated with modernizing older buildings.
SEC. 14. Section 17254 is added to the
Education Code , to read:
17254. (a) The State Department of Education, the Division of the
State Architect, the Office of Public School Construction, and the
Department of Toxic Substances Control shall convene for the purposes
of developing an interagency plan to streamline the school facility
construction application, review, and audit processes in order to
reduce the time and improve the efficiency of the school facility
construction process.
(b) The interagency plan developed pursuant to subdivision (a)
shall be submitted to the Legislature, in accordance with Section
9795 of the Government Code, on or before July 1, 2015. It is the
intent of the Legislature that operative regulatory language adopted
by the board before the effective date of this section be reviewed
and revised to ensure that the School Facility Program is being
implemented in a manner that reduces duplicative processes for the
review, approval, and audit of school facility new construction and
modernization projects.
SEC. 15. Section 17592.70 of the
Education Code is amended to read:
17592.70. (a) There is hereby established the School Facilities
Needs Assessment Grant Program with the purpose to provide for a
one-time comprehensive assessment of school facilities needs. The
grant program shall be administered by the State Allocation Board.
(b) (1) The grants shall be awarded to school districts on behalf
of schoolsites ranked in deciles 1 to 3, inclusive, on the Academic
Performance Index (API), pursuant to Section 52056, based on the 2003
base API score for each school newly constructed prior to January 1,
2000.
(2) For purposes of this section, schools ranked in deciles 1 to
3, inclusive, on the 2003 base API shall include any schools
determined by the department to meet either of the following:
(A) The school meets all of the following criteria:
(i) Does not have a valid base API score for 2003.
(ii) Is operating in fiscal year 2004-05 and was operating in
fiscal year 2003-04 during the Standardized Testing and Reporting
(STAR) Program testing period.
(iii) Has a valid base API score for 2002 that was ranked in
deciles 1 to 3, inclusive, in that year.
(B) The school has an estimated base API score for 2003 that would
be in deciles 1 to 3, inclusive.
(3) The department shall estimate an API score for any school
meeting the criteria of clauses (i) and (ii) of subparagraph (A) of
paragraph (2) and not meeting the criteria of clause (iii) of
subparagraph (A) of paragraph (2), using available testing scores and
any weighting or corrective factors it deems appropriate. The
department shall provide those API scores to the Office of Public
School Construction and post them on its Web site within 30 days of
the enactment of this section.
(4) For purposes of this section, schools ranked in deciles 1 to
3, inclusive, on the 2003 base API shall exclude any schools
determined by the department to be operated by county offices of
education pursuant to Section 56140.
(c) The board shall allocate funds pursuant to subdivision (b) to
school districts with jurisdiction over eligible schoolsites, based
on ten dollars ($10) per pupil enrolled in the eligible school as of
October 2003, with a minimum allocation of seven thousand five
hundred dollars ($7,500) for each schoolsite.
(d) As a condition of receiving funds pursuant to this section,
school districts shall do all of the following:
(1) Use the funds to develop a comprehensive needs assessment of
all schoolsites eligible for grants pursuant to subdivision (b). The
assessment shall contain, at a minimum, all of the following
information for each schoolsite:
(A) The year each building that is currently used for
instructional purposes was constructed.
(B) The year, if any, each building that is currently used for
instructional purposes was last modernized.
(C) The pupil capacity of the school.
(D) The number of pupils enrolled in the school.
(E) The density of the school campus measured in pupils per acre.
(F) The total number of classrooms at the school.
(G) The age and number of portable classrooms at the school.
(H) Whether the
school is operating on a multitrack, year-round calendar, and, if so,
what type.
(I) Whether the school has a cafeteria, or an auditorium or other
space used for pupil eating and not for class instruction.
(J) The useful life remaining of all major building systems for
each structure housing instructional space, including, but not
limited to, sewer, water, gas, electrical, roofing, and fire and life
safety protection.
(K) The estimated costs for five years necessary to maintain
functionality of each instructional space to maintain health, safety,
and suitable learning environment, as applicable, including
classroom, counseling areas, administrative space, libraries,
gymnasiums, multipurpose and dining space, and the accessibility to
those spaces.
(L) A list of necessary repairs.
(2) Use the data currently filed with the state as part of the
process of applying for and obtaining modernization or construction
funds for school facilities, or information that is available in the
California Basic Education Data System for the element required in
subparagraphs (D), (E), (F), and (G) of paragraph (1).
(3) Use the assessment as the baseline for the facilities
inspection system required pursuant to subdivision (e)
(d) of Section 17070.75.
(4) Provide the results of the assessment to the Office of Public
School Construction, including a report on the expenditures made in
performing the assessment. It is the intent of the Legislature that
the assessments be completed as soon as possible, but not later than
January 1, 2006.
(5) If a school district does not need the full amount of the
allocation it receives pursuant to this section, the school district
shall expend the remaining funds for making facilities repairs
identified in its needs assessment. The school district shall report
to the Office of Public School Construction on the repairs completed
pursuant to this paragraph and the cost of the repairs.
(6) Submit to the Office of Public School Construction an interim
report regarding the progress made by the school district in
completing the assessments of all eligible schools.
SEC. 10. SEC. 1 6. Part
70 (commencing with Section 101100) is added to Division 14 of Title
3 of the Education Code, to read:
PART 70. KINDERGARTEN-UNIVERSITY PUBLIC EDUCATION FACILITIES
BOND ACT OF 2014
CHAPTER 1. GENERAL
101100. This part shall be known and may be cited as the
Kindergarten-University Public Education Facilities Bond Act of 2014.
101101. The incorporation of, or reference to, any provision of
California statutory law in this part includes all acts amendatory
thereof and supplementary thereto.
101102. (a) Bonds in the total amount of ____ dollars
($____), four billion three hundred million dollars
($4,300,000,000), not including the amount of any refunding
bonds issued in accordance with Sections 101130, 101139, and 101159,
or so much thereof as is necessary, may be issued and sold to provide
a fund to be used for carrying out the purposes expressed in this
part and to reimburse the General Obligation Bond Expense Revolving
Fund pursuant to Section 16724.5 of the Government Code. The bonds,
when sold, shall be and constitute a valid and binding obligation of
the State of California, and the full faith and credit of the State
of California is hereby pledged for the punctual payment of the
principal of, and interest on, the bonds as the principal and
interest become due and payable.
(b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the State School Building Finance Committee established
by Section 15909 or the Higher Education Facilities Finance
Committee established pursuant to Section 67353, as the case may be,
at any different times necessary to service expenditures required by
the apportionments.
CHAPTER 2. KINDERGARTEN THROUGH 12TH GRADE
Article 1. Kindergarten Through Grade 12 School Facilities
Program Provisions
101110. The proceeds of bonds issued and sold pursuant to Article
2 (commencing with Section 101120) shall be deposited in the 2014
State School Facilities Fund established in the State Treasury under
subdivision (e) of Section 17070.40, and shall be allocated by the
State Allocation Board pursuant to this chapter.
101111. All moneys deposited in the 2014 State School Facilities
Fund for the purposes of this chapter shall be available to provide
aid to school districts, county superintendents of schools, and
county boards of education of the state in accordance with the Leroy
F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing
with Section 17070.10) of Part 10 of Division 1 of Title 1), as set
forth in Section 101112, to provide funds to repay any money advanced
or loaned to the 2014 State School Facilities Fund under any act of
the Legislature, together with interest provided for in that act, and
to reimburse the General Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5 of the Government Code.
101112. (a) The proceeds from the sale of bonds, issued and sold
for the purposes of this chapter, shall be allocated in accordance
with the following schedule:
(1) The amount of ____ dollars ($____) one
billion two hundred thirty million dollars ($1,230,000,000)
for new construction of school facilities of applicant school
districts under Chapter 12.5 (commencing with Section 17070.10) of
Part 10 of Division 1 of Title 1.
(2) The amount of ____ dollars ($____) shall be available for
providing school facilities to charter schools pursuant to Article 12
(commencing with Section 17078.52) of Chapter 12.5 of Part 10 of
Division 1 of Title 1.
(3)
( 2) The amount of ____ dollars
($____) two billion four hundred seventy million
dollars ($2,470,000,000) for the modernization of school
facilities pursuant to Chapter 12.5 (commencing with Section
17070.10) of Part 10 of Division 1 of Title 1.
(3) Of the amount allocated in this subdivision, up to 5 percent
shall be available for providing facilities to charter schools
pursuant to Article 12 (commencing with Section 17078.52) of Chapter
12.5 of Part 10 of Division 1 of Title 1.
(b) School districts may use funds allocated pursuant to paragraph
(3) of subdivision (a) only for one or more of the following
purposes in accordance with Chapter 12.5 (commencing with Section
17070.10) of Part 10 of Division 1 of Title 1:
(1) The purchase and installation of air-conditioning equipment
and insulation materials, and related costs.
(2) Construction projects or the purchase of furniture or
equipment designed to increase school security or playground safety.
(3) The identification, assessment, or abatement in school
facilities of hazardous asbestos.
(4) Project funding for high-priority roof replacement projects.
(5) Any other modernization of facilities pursuant to Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of Title
1.
(c) Funds allocated pursuant to paragraph (1) of subdivision (a)
may also be utilized to provide new construction grants for eligible
applicant county boards of education under Chapter 12.5 (commencing
with Section 17070.10) of Part 10 of Division 1 of Title 1 for
funding classrooms for severely handicapped pupils, or for funding
classrooms for county community school pupils.
101113. The board shall assign priority for funding under this
chapter to applicant school districts that demonstrate participation
in a community-based effort to coordinate educational, developmental,
family, health, and other comprehensive services by engaging in
public and private partnerships with local public entities and other
nonprofit or private community partners. Criteria that demonstrate
this participation shall include all of the following:
(a) Institutionalized structures for cross-agency collaboration,
including, but not limited to, memorandums of understanding to
coordinate activities and services.
(b) Agreements for joint use and operations of school facilities
that provide for extended hours of use for students, families, and
the community, integration of libraries, early childhood education,
child care centers, senior centers, outdoor recreation or
environmental education, arts education, and career technical
education and adult education offerings for students and community
members.
(c) Participation in the State Community Schools Network.
(d) Participation in technical assistance and training, including
professional development, for full-service community schools.
(e) Certification that the district's school facilities master
plan is consistent with the regional sustainable communities strategy
established pursuant to Section 65080 of the Government Code.
Article 2. Kindergarten Through Grade 12 School Facilities
Fiscal Provisions
101120. (a) Of the total amount of bonds authorized to be issued
and sold pursuant to Chapter 1 (commencing with Section 101000),
bonds in the amount of ____ dollars ($____),
three billion seven hundred million dollars ($3,700,000,000),
not including the amount of any refunding bonds issued in accordance
with Section 101130, or so much thereof as is necessary, may be
issued and sold to provide a fund to be used for carrying out the
purposes expressed in this chapter and to reimburse the General
Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of
the Government Code. The bonds, when sold, shall be and constitute a
valid and binding obligation of the State of California, and the
full faith and credit of the State of California is hereby pledged
for the punctual payment of the principal of, and interest on, the
bonds as the principal and interest become due and payable.
(b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the State School Building Finance Committee established
pursuant to Section 15909 at any different times necessary to
service expenditures required by the apportionments.
101121. The State School Building Finance Committee, established
by Section 15909 and composed of the Governor, the Controller, the
Treasurer, the Director of Finance, and the Superintendent, or their
designated representatives, all of whom shall serve thereon without
compensation, and a majority of whom shall constitute a quorum, is
continued in existence for the purpose of this chapter. The Treasurer
shall serve as chairperson of the committee. Two Members of the
Senate appointed by the Senate Committee on Rules, and two Members of
the Assembly appointed by the Speaker of the Assembly, shall meet
with and provide advice to the committee to the extent that the
advisory participation is not incompatible with their respective
positions as Members of the Legislature. For the purposes of this
chapter, the Members of the Legislature shall constitute an interim
investigating committee on the subject of this chapter and, as that
committee, shall have the powers granted to, and duties imposed upon,
those committees by the Joint Rules of the Senate and the Assembly.
The Director of Finance shall provide assistance to the committee as
it may require. The Attorney General of the state is the legal
adviser advisor of the committee.
101122. (a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided in
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), and all of the provisions of that law, except Section 16727 of
the Government Code to the extent that it conflicts with this part,
apply to the bonds and to this chapter and are hereby incorporated
into this chapter as though set forth in full within this chapter.
(b) For purposes of the State General Obligation Bond Law, the
State Allocation Board is designated the "board" for purposes of
administering the 2014 State School Facilities Fund.
101123. (a) Upon request of the State Allocation Board, the State
School Building Finance Committee shall determine whether or not it
is necessary or desirable to issue bonds authorized pursuant to this
chapter in order to fund the apportionments and, if so, the amount of
bonds to be issued and sold. Successive issues of bonds may be
authorized and sold to fund those apportionments progressively, and
it is not necessary that all of the bonds authorized to be issued be
sold at any one time.
(b) A request of the State Allocation Board pursuant to
subdivision (a) shall be supported by a statement of the
apportionments made and to be made for the purposes described in
Sections 101111 and 101112.
101124. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in
addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds each
year. It is the duty of all officers charged by law with any duty in
regard to the collection of the revenue to do and perform each and
every act that is necessary to collect that additional sum.
101125. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this chapter, an amount that will equal
the total of the following:
(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.
(b) The sum necessary to carry out Section 101128, appropriated
without regard to fiscal years.
101126. The State Allocation Board may request the Pooled Money
Investment Board to make a loan from the Pooled Money Investment
Account or any other approved form of interim financing, in
accordance with Section 16312 of the Government Code, for the purpose
of carrying out this chapter. The amount of the request shall not
exceed the amount of the unsold bonds that the committee, by
resolution, has authorized to be sold for the purpose of carrying out
this chapter. The board shall execute any documents required by the
Pooled Money Investment Board to obtain and repay the loan. Any
amounts loaned shall be deposited in the fund to be allocated by the
board in accordance with this chapter.
101127. Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells
bonds pursuant to this chapter that include a bond counsel opinion to
the effect that the interest on the bonds is excluded from gross
income for federal tax purposes, subject to designated conditions,
the Treasurer may maintain separate accounts for the investment of
bond proceeds and for the investment earnings on those proceeds. The
Treasurer may use or direct the use of those proceeds or earnings to
pay any rebate, penalty, or other payment required under federal law
or take any other action with respect to the investment and use of
those bond proceeds required or desirable under federal law to
maintain the tax-exempt status of those bonds and to obtain any other
advantage under federal law on behalf of the funds of this state.
101128. For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General
Fund of an amount not to exceed the amount of the unsold bonds that
have been authorized by the State School Building Finance Committee
to be sold for the purpose of carrying out this chapter. Any amounts
withdrawn shall be deposited in the 2014 State School Facilities Fund
consistent with this chapter. Any money made available under this
section shall be returned to the General Fund, plus an amount equal
to the interest that the money would have earned in the Pooled Money
Investment Account, from proceeds received from the sale of bonds for
the purpose of carrying out this chapter.
101129. All money deposited in the 2014 State School Facilities
Fund that is derived from premium and accrued interest on bonds sold
shall be reserved in the fund, and shall be available for transfer to
the General Fund as a credit to expenditures for bond interest.
101130. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State
General Obligation Bond Law. Approval by the voters of the state for
the issuance of the bonds described in this chapter includes the
approval of the issuance of any bonds issued to refund any bonds
originally issued under this chapter or any previously issued
refunding bonds.
101131. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are
not "proceeds of taxes" as that term is used in Article XIII B of
the California Constitution, the disbursement of these proceeds is
not subject to the limitations imposed by that article.
CHAPTER 3. CALIFORNIA COMMUNITY COLLEGE FACILITIES
Article 1. General
101132. (a) The 2014 California Community College Capital Outlay
Bond Fund is hereby established in the State Treasury for deposit of
funds from the proceeds of bonds issued and sold for the purposes of
this chapter.
(b) The Higher Education Facilities Finance Committee established
pursuant to Section 67353 is hereby authorized to create a debt or
debts, liability or liabilities, of the State of California pursuant
to this chapter for the purpose of providing funds to aid the
California Community Colleges.
Article 2. California Community College Program Provisions
101133. (a) From the proceeds of bonds issued and sold pursuant
to Article 3 (commencing with Section 101134), the sum of
____ dollars ($____) two hundred million dollars
($200,000,000) shall be deposited in the 2014 California
Community College Capital Outlay Bond Fund for the purposes of this
article. When appropriated, these funds shall be available for
expenditure for the purposes of this article.
(b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the California Community Colleges.
(c) Proceeds from the sale of bonds issued and sold for the
purposes of this article may be used to fund construction on existing
campuses, including the construction of buildings and the
acquisition of related fixtures, construction of facilities that may
be used by more than one segment of public higher education
(intersegmental), the renovation and reconstruction of facilities,
site acquisition, the equipping of new, renovated, or reconstructed
facilities, which equipment shall have an average useful life of 10
years; and to provide funds for the payment of preconstruction costs,
including, but not limited to, preliminary plans and working
drawings for facilities of the California Community Colleges.
Article 3. California Community College Fiscal Provisions
101134. (a) Of the total amount of bonds authorized to be issued
and sold pursuant to Chapter 1 (commencing with Section 101100),
bonds in the total amount of ____ dollars ($____),
two hundred million dollars ($200,000,000), not including
the amount of any refunding bonds issued in accordance with Section
101139, or so much thereof as is necessary, may be issued and sold to
provide a fund to be used for carrying out the purposes expressed in
this chapter and to reimburse the General Obligation Bond Expense
Revolving Fund pursuant to Section 16724.5 of the Government Code.
The bonds, when sold, shall be and constitute a valid and binding
obligation of the State of California, and the full faith and credit
of the State of California is hereby pledged for the punctual payment
of the principal of, and interest on, the bonds as the principal and
interest become due and payable.
(b) It is the intent of the Legislature that the California
Community Colleges annually consider, as part of their annual capital
outlay planning process, the inclusion of facilities that may be
used by more than one segment of public higher education
(intersegmental), and, that on or before May 15 of each year, those
entities report their findings to the budget committees of each house
of the Legislature.
(c) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the Higher Education Facilities Finance Committee
established pursuant to Section 67353 at any different times
necessary to service expenditures required by the apportionments.
101134.5. (a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided in
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), and all of the provisions of that law, except Section 16727 of
the Government Code to the extent that it conflicts with this part,
apply to the bonds and to this chapter and are hereby incorporated
into this chapter as though set forth in full within this chapter.
(b) For the purposes of the State General Obligation Bond Law,
each state agency administering an appropriation of the 2014
Community College Capital Outlay Bond Fund is designated as the
"board" for projects funded pursuant to this chapter.
(c) The proceeds of the bonds issued and sold pursuant to this
chapter shall be available for the purpose of funding aid to the
California Community Colleges for the construction on existing or new
campuses, and their respective off-campus centers and joint use and
intersegmental facilities, as set forth in this chapter.
101135. The Higher Education Facilities Finance Committee
established pursuant to Section 67353 shall authorize the issuance of
bonds under this chapter only to the extent necessary to fund the
apportionments for the purposes described in this chapter that are
expressly authorized by the Legislature in the annual Budget Act.
Pursuant to that legislative direction, the committee shall determine
whether or not it is necessary or desirable to issue bonds
authorized pursuant to this chapter in order to carry out the
purposes described in this chapter and, if so, the amount of bonds to
be issued and sold. Successive issues of bonds may be authorized and
sold to carry out those actions progressively, and it is not
necessary that all of the bonds authorized to be issued be sold at
any one time.
101135.5. There shall be collected each year and in the same
manner and at the same time as other state revenue is collected, in
addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds each
year. It is the duty of all officers charged by law with any duty in
regard to the collection of the revenue to do and perform each and
every act which is necessary to collect that additional sum.
101136. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this chapter, an amount that will equal
the total of the following:
(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.
(b) The sum necessary to carry out Section 101137.5, appropriated
without regard to fiscal years.
101136.5. The board, as defined in subdivision (b) of Section
101134.5, may request the Pooled Money Investment Board to make a
loan from the Pooled Money Investment Account or any other approved
form of interim financing, in accordance with Section 16312 of the
Government Code, for the purpose of carrying out this chapter. The
amount of the request shall not exceed the amount of the unsold bonds
that the committee, by resolution, has authorized to be sold for the
purpose of carrying out this chapter. The board, as defined in
subdivision (b) of Section 101134.5, shall execute any documents
required by the Pooled Money Investment Board to obtain and repay the
loan. Any amounts loaned shall be deposited in the fund to be
allocated by the board in accordance with this chapter.
101137. Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells
bonds pursuant to this chapter that include a bond counsel opinion to
the effect that the interest on the bonds is excluded from gross
income for federal tax purposes, subject to designated conditions,
the Treasurer may maintain separate accounts for the investment of
bond proceeds and for the investment earnings on those proceeds. The
Treasurer may use or direct the use of those proceeds or earnings to
pay any rebate, penalty, or other payment required under federal law
or take any other action with respect to the investment and use of
those bond proceeds required or desirable under federal law to
maintain the tax-exempt status of those bonds and to obtain any other
advantage under federal law on behalf of the funds of this state.
101137.5. (a) For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General
Fund of an amount not to exceed the amount of the unsold bonds that
have been authorized by the Higher Education Facilities Finance
Committee to be sold for the purpose of carrying out this chapter.
Any amounts withdrawn shall be deposited in the 2014 California
Community College Capital Outlay Bond Fund consistent with this
chapter. Any money made available under this section shall be
returned to the General Fund, plus an amount equal to the interest
that the money would have earned in the Pooled Money Investment
Account, from proceeds received from the sale of bonds for the
purpose of carrying out this chapter.
(b) Any request forwarded to the Legislature and the Department of
Finance for funds from this bond issue for expenditure for the
purposes described in this chapter by the California Community
Colleges shall be accompanied by the five-year capital outlay plan
that reflects the needs and priorities of the community college
system and is prioritized on a statewide basis. Requests shall
include a schedule that prioritizes the seismic retrofitting needed
to significantly reduce, in the judgment of the particular college,
seismic hazards in buildings identified as high priority by the
college.
101138. All money deposited in the 2014 California Community College
Capital Outlay Bond Fund that is derived from premium and accrued
interest on bonds sold shall be reserved in the fund, and shall be
available for transfer to the General Fund as a credit to
expenditures for bond interest.
101139. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State
General Obligation Bond Law. Approval by the voters of the state for
the issuance of the bonds described in this chapter includes the
approval of the issuance of any bonds issued to refund any bonds
originally issued under this chapter or any previously issued
refunding bonds.
101139.5. The Legislature hereby finds and declares that,
inasmuch as the proceeds from the sale of bonds authorized by this
chapter are not "proceeds of taxes" as that term is used in Article
XIII B of the California Constitution, the disbursement of these
proceeds is not subject to the limitations imposed by that article.
CHAPTER 4. UNIVERSITY FACILITIES
Article 1. General
101140. (a) The system of public universities in this state
includes the University of California, the Hastings College of the
Law, and the California State University, and their respective
off-campus centers.
(b) The 2014 University Capital Outlay Bond Fund is hereby
established in the State Treasury for deposit of funds from the
proceeds of bonds issued and sold for the purposes of this chapter.
(c) The Higher Education Facilities Finance Committee established
pursuant to Section 67353 is hereby authorized to create a debt or
debts, liability or liabilities, of the State of California pursuant
to this chapter for the purpose of providing funds to aid the
University of California, the Hastings College of the Law, and the
California State University.
Article 2. Program Provisions Applicable to the University of
California and the Hastings College of the Law
101141. (a) From the proceeds of bonds issued and sold pursuant
to Article 4 (commencing with Section 101150), the sum of
____ dollars ($____) two hundred million dollars
($200,000,000) shall be deposited in the 2014 University
Capital Outlay Bond Fund for the purposes of this article. When
appropriated, these funds shall be available for expenditure for the
purposes of this article.
(b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the University of California and
the Hastings College of the Law.
(c) Proceeds from the sale of bonds issued and sold for the
purposes of this article may be used to fund construction on existing
campuses, including the construction of buildings and the
acquisition of related fixtures, construction of facilities that may
be used by more than one segment of public higher education
(intersegmental), the renovation and reconstruction of facilities,
site acquisition, the equipping of new, renovated, or reconstructed
facilities, which equipment shall have an average useful life of 10
years; and to provide funds for the payment of preconstruction costs,
including, but not limited to, preliminary plans and working
drawings for facilities of the University of California and the
Hastings College of the Law.
Article 3. Program Provisions Applicable to the California
State University
101142. (a) From the proceeds of bonds issued and sold pursuant
to Article 4 (commencing with Section 101150), the sum of
____ dollars ($____) two hundred million dollars
($200,000,000) shall be deposited in the 2014 University
Capital Outlay Bond Fund for the purposes of this article. When
appropriated, these funds shall be available for expenditure for the
purposes of this article.
(b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the California State University.
(c) Proceeds from the sale of bonds issued and sold for the
purposes of this article may be used to fund construction on existing
campuses, including the construction of buildings and the
acquisition of related fixtures, construction of facilities that may
be used by more than one segment of public higher education
(intersegmental), the renovation and reconstruction of facilities,
site acquisition, the equipping of new, renovated, or reconstructed
facilities, which equipment shall have an average useful life of 10
years; and to provide funds for the payment of preconstruction costs,
including, but not limited to, preliminary plans and working
drawings for facilities of the California State University.
Article 4. University Fiscal Provisions
101150. (a) Of the total amount of bonds authorized to be issued
and sold pursuant to Chapter 1 (commencing with Section 101100),
bonds in the amount of ____ dollars ($_____),
four hundred million dollars ($400,000,000), not including the
amount of any refunding bonds issued in accordance with Section
101159, or so much thereof as is necessary, may be issued and sold to
provide a fund to be used for carrying out the purposes expressed in
this chapter and to reimburse the General Obligation Bond Expense
Revolving Fund pursuant to Section 16724.5 of the Government Code.
The bonds, when sold, shall be and constitute a valid and binding
obligation of the State of California, and the full faith and credit
of the State of California is hereby pledged for the punctual payment
of the principal of, and interest on, the bonds as the principal and
interest become due and payable.
(b) It is the intent of the Legislature that the University of
California and the California State University annually consider, as
part of their annual capital outlay planning process, the inclusion
of facilities that may be used by more than one segment of public
higher education (intersegmental), and, that on or before May 15 of
each year, those entities report their findings to the budget
committees of each house of the Legislature.
(c) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the Higher Education Facilities Finance Committee
established pursuant to Section 67353 at any different times
necessary to service expenditures required by the apportionments.
101151. (a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided in
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), and all of the provisions of that law, except Section 16727 of
the Government Code to the extent that it conflicts with this part,
apply to the bonds and to this chapter and are hereby incorporated
into this chapter as though set forth in full within this chapter.
(b) For the purposes of the State General Obligation Bond Law,
each state agency administering an appropriation of the 2014
University Capital Outlay Bond Fund is designated as the "board" for
projects funded pursuant to this chapter.
(c) The proceeds of the bonds issued and sold pursuant to this
chapter shall be available for the purpose of funding aid to the
University of California, the Hastings College of the Law, and the
California State University, for the construction on existing or new
campuses, and their respective off-campus centers and joint use and
intersegmental facilities, as set forth in this chapter.
101152. The Higher Education Facilities Finance Committee
established pursuant to Section 67353 shall authorize the issuance of
bonds under this chapter only to the extent necessary to fund the
apportionments for the purposes described in this chapter that are
expressly authorized by the Legislature in the annual Budget Act.
Pursuant to that legislative direction, the committee shall determine
whether or not it is necessary or desirable to issue bonds
authorized pursuant to this chapter in order to carry out the
purposes described in this chapter and, if so, the amount of bonds to
be issued and sold. Successive issues of bonds may be authorized and
sold to carry out those actions progressively, and it is not
necessary that all of the bonds authorized to be issued be sold at
any one time.
101153. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in
addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds each
year. It is the duty of all officers charged by law with any duty in
regard to the collection of the revenue to do and perform each and
every act which is necessary to collect that additional sum.
101154. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this chapter, an amount that will equal
the total of the following:
(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.
(b) The sum necessary to carry out Section 101157, appropriated
without regard to fiscal years.
101155. The board, as defined in subdivision (b) of Section
101151, may request the Pooled Money Investment Board to make a loan
from the Pooled Money Investment Account or any other approved form
of interim financing, in accordance with Section 16312 of the
Government Code, for the purpose of carrying out this chapter. The
amount of the request shall not exceed the amount of the unsold bonds
that the committee, by resolution, has authorized to be sold for the
purpose of carrying out this chapter. The board, as defined in
subdivision (b) of Section 101151, shall execute any documents
required by the Pooled Money Investment Board to obtain and repay the
loan. Any amounts loaned shall be deposited in the fund to be
allocated by the board in accordance with this chapter.
101156. Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells
bonds pursuant to this chapter that include a bond counsel opinion to
the effect that the interest on the bonds is excluded from gross
income for federal tax purposes, subject to designated conditions,
the Treasurer may maintain separate accounts for the investment of
bond proceeds and for the investment earnings on those proceeds. The
Treasurer may use or direct the use of those proceeds or earnings to
pay any rebate, penalty, or other payment required under federal law
or take any other action with respect to the investment and use of
those bond proceeds required or desirable under federal law to
maintain the tax-exempt status of those bonds and to obtain any other
advantage under federal law on behalf of the funds of this state.
101157. (a) For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General
Fund of an amount not to exceed the amount of the unsold bonds that
have been authorized by the Higher Education Facilities Finance
Committee to be sold for the purpose of carrying out this chapter.
Any amounts withdrawn shall be deposited in the 2014 University
Capital Outlay Bond Fund consistent with this chapter. Any money made
available under this section shall be returned to the General Fund,
plus an amount equal to the interest that the money would have earned
in the Pooled Money Investment Account, from proceeds received from
the sale of bonds for the purpose of carrying out this chapter.
(b) Any request forwarded to the Legislature and the Department of
Finance for funds from this bond issue for expenditure for the
purposes described in this chapter by the University of California,
the Hastings College of the Law, or the California State University
shall be accompanied by the five-year capital outlay plan. Requests
forwarded by a university or college shall include a schedule that
prioritizes the seismic retrofitting needed to significantly reduce,
in the judgment of the particular university or college, seismic
hazards in buildings identified as high priority by the university or
college.
101158. All money deposited in the 2014 University Capital Outlay
Bond Fund that is derived from premium and accrued interest on bonds
sold shall be reserved in the fund, and shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.
101159. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State
General Obligation Bond Law. Approval by the voters of the state for
the issuance of the bonds described in this chapter includes the
approval of the issuance of any bonds issued to refund any bonds
originally issued under this chapter or any previously issued
refunding bonds.
101160. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are
not "proceeds of taxes" as that term is used in Article XIII B of
the California Constitution, the disbursement of these proceeds is
not subject to the limitations imposed by that article.
SEC. 11. SEC. 17. The Secretary of
State shall submit Section 10 16 of
this act to the voters at the November 4, 2014, statewide general
election.
SEC. 18. (a) The Secretary
of State shall include in the ballot pamphlet for the November 4,
2014, statewide general election, mailed pursuant to Section 9094 of
the Elections Code, the information specified in Section 9084 of the
Elections Code regarding the measure described in Section 16 of this
act. If that inclusion is not possible, the Secretary of State shall
publish a supplemental pamphlet regarding this act, to be mailed with
the ballot pamphlet. If the supplemental ballot pamphlet cannot be
mailed with the ballot pamphlet, the supplemental ballot pamphlet
shall be mailed separately.
(b) Notwithstanding Section 9054 of the Elections Code or any
other law, the translations of the ballot title and the condensed
statement of the ballot title required pursuant to Section 9054 may
be made available for public examination at a later date than the
start of the public examination period for the ballot pamphlet,
provided that the translations of the ballot title and the condensed
statement of the ballot title must remain available for public
examination for eight days.
(c) Notwithstanding Section 13282 of the Elections Code or any
other law, the public shall be permitted to examine the condensed
statement of the ballot title for not more than eight days. Any voter
may seek a writ of mandate for the purpose of requiring the
condensed statement of the ballot title, or portion thereof, to be
amended or deleted only within that eight-day period.
SEC. 19. Notwithstanding Section 13115 of the
Elections Code, Section 16 of this act, placed on the ballot by the
Legislature for the November 4, 2014, statewide general election
after the 131-day deadline set forth in Section 9040 of the Elections
Code, shall be placed on the ballot following all other ballot
measures.
SEC. 12. SEC. 20. The provisions of
this act are severable. If any provision of this act or its
application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the
invalid provision or application.
SEC. 13. SEC. 21. Sections 1 to
10, 16, inclusive, of this act shall
become operative only if the voters approve the
Kindergarten-University Public Education Facilities Bond Act of 2014,
as set forth in Section 10 of this act.
SEC. 14. SEC. 22. 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 ensure, at the earliest possible time, that the
electorate is provided with the opportunity to vote on the financing
of necessary educational facilities at the November 4, 2014,
statewide general election, including related statutory changes, it
is necessary that this act take effect immediately.
