Bill Text: CA SB128 | 2011-2012 | Regular Session | Chaptered
Bill Title: School facilities funding: high-performance schools.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-10-08 - Chaptered by Secretary of State. Chapter 622, Statutes of 2011. [SB128 Detail]
Download: California-2011-SB128-Chaptered.html
BILL NUMBER: SB 128 CHAPTERED
BILL TEXT
CHAPTER 622
FILED WITH SECRETARY OF STATE OCTOBER 8, 2011
APPROVED BY GOVERNOR OCTOBER 8, 2011
PASSED THE SENATE JUNE 1, 2011
PASSED THE ASSEMBLY AUGUST 30, 2011
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Lowenthal
(Coauthor: Senator Alquist)
JANUARY 27, 2011
An act to amend Sections 17074.25 and 17078.72 of the Education
Code, relating to school facilities, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 128, Lowenthal. School facilities funding: high-performance
schools.
Existing law, the Leroy F. Greene School Facilities Act of 1998
(the Greene Act), 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, and requires the board to adopt rules
and regulations for the administration of the Greene Act. The
Kindergarten-University Public Education Facilities Bond Act of 2006
(the 2006 Bond Act) sets aside $100,000,000 of the proceeds of the
bonds sold under that act for incentive grants under the Greene Act
to promote the use of design and materials in new construction and
modernization projects that include the attributes of
high-performance schools.
Existing law authorizes a modernization apportionment to be used
for an improvement to extend the useful life of, or to enhance the
physical environment of, the school, and specifies the types of costs
that may be included in the improvement.
This bill would add the cost of designs and materials that support
the characteristics of high-performance schools to the types of
costs that may be included in the improvement.
Existing law establishes the Career Technical Education Facilities
Program to provide new construction and modernization grants to
qualified local educational agencies for career technical education
program facilities, and establishes a maximum grant amount per
project.
This bill also would make those new construction and modernization
projects eligible for an incentive grant if the project meets the
criteria prescribed in the 2006 Bond Act for incentive grants to
high-performance schools. By allowing an existing appropriation to be
spent for a new purpose, the bill would make an appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17074.25 of the Education Code is amended to
read:
17074.25. (a) 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.
(b) 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.
SEC. 2. Section 17078.72 of the Education Code is amended to read:
17078.72. (a) The Career Technical Education Facilities Program
is hereby established to provide funding to qualifying local
educational agencies for the purpose of constructing new facilities
or reconfiguring existing facilities, including, but not limited to,
purchasing equipment with an average useful life expectancy of at
least 10 years, to enhance educational opportunities for pupils in
existing high schools in order to provide them with the skills and
knowledge necessary for the high-demand technical careers of today
and tomorrow.
(b) The State Department of Education, in cooperation with the
Chancellor's Office of the California Community Colleges, the Labor
and Workforce Development Agency, and industry groups, shall develop
criteria and pupil outcome measures to evaluate the program. The
criteria shall ensure equity, program relevance to industry needs,
and articulation with more advanced coursework at the partnering
community colleges or private institutions.
(c) The program shall be based on grant applications administered
by the board.
(d) Grants shall be allocated on a per-square-foot basis for the
applicable type of construction proposed or deemed necessary by the
board consistent with the approved application for the project.
(e) New construction grants shall not exceed three million dollars
($3,000,000) per project per schoolsite, inclusive of equipment, and
shall only be allocated to comprehensive high schools that have an
active Career Technical Advisory Committee pursuant to Section 8070,
in either of the following methods:
(1) For a stand-alone project on a per-square-foot basis for the
applicable type of construction proposed, based on the criteria
established pursuant to subdivision (b), consistent with the approved
application for the project.
(2) For new school projects, as a supplement to the per pupil
allocation pursuant to Section 17072.10. The supplement is intended
to cover excess costs uniquely related to the facilities required to
provide the career technical education program or programs.
(f) Modernization grants shall not exceed one million five hundred
thousand dollars ($1,500,000) per project per schoolsite, inclusive
of equipment and may be awarded to comprehensive high schools or
joint power authorities currently operating career technical
education programs that have an active Career Technical Advisory
Committee pursuant to Section 8070 for the purpose of
reconfiguration. For comprehensive high schools, the grant shall be
supplemental to the per pupil allocation pursuant to Section
17074.10. The supplement is intended to cover excess costs uniquely
related to the facilities required to provide the career technical
education program or programs.
(g) (1) A school district shall contribute from local resources a
dollar amount that is equal to the amount of the grant of state funds
awarded under subdivisions (d), (e), and (f). The required local
contribution may be provided by private industry groups, the school
district, or a joint powers authority.
(2) A school district shall not be required to demonstrate that it
has unhoused pupils or that a permanent school building is more than
25 years old in order to receive a grant under the program.
(h) The program shall allow the required local contribution to be
paid over time if sufficient local funds are not immediately
available. The board may provide for a repayment schedule consistent
with subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of
Section 17078.57. The board shall not waive the required local
contribution on the basis of financial hardship or on any other
basis.
(i) Applications shall meet the criteria developed under
subdivision (b) and shall require all of the following:
(1) A clear and comprehensive career technical education plan for
each course of study applicable to the instructional space.
(2) Projections of pupil enrollment.
(3) Identification of feeder schools, industry partners, and
community colleges or other postsecondary schools participating in
the development, articulation, and review of the educational program.
(4) Evidence of approval of the plan by the entities listed in
paragraph (3).
(5) The method by which accountability for pupil enrollments and
outcomes will be maintained. Outcomes shall include, but are not
limited to, certificate completion, the successful entry of pupil to
employment in the applicable industry, and successful transition to
post-secondary institutions for work in the applicable industry or
other areas of study.
(6) Evidence of coordination with all feeder schools, middle
schools, and high schools within the area to ensure that the project
and programs complement career technical education offerings in the
area.
(7) Evidence that upon completion of the project the local
educational agency will meet all of its obligations under Section
51228 relating to career technical education.
(j) Applications shall give weight to the number of pupils
expected to attend, the cost per pupil, financial participation by
industry partners in the construction and equipping of the facility,
commitment to accountability for outcomes and participation, the
strength and relevance of the educational plans to the needs of
industry for qualified technical employees applicable to the economic
development needs of the region in which the project will be
located, and coordination and articulation with feeder schools, other
high schools, and community colleges.
(k) The Office of Public School Construction shall develop and the
board shall approve regulations to implement this article on or
before April 19, 2007, and the board may promulgate those regulations
first on an emergency basis, which shall be effective for no more
than 12 months, after which any permanent regulations shall be
promulgated in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code).
(l) Notwithstanding paragraphs (e) and (f), a project approved
pursuant to this section is also eligible for an incentive grant from
the funds specified in paragraph (8) of subdivision (a) of Section
101012 if the project meets the criteria prescribed in that section.
