Bill Text: CA AB41 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB41 Detail]

Download: California-2013-AB41-Amended.html

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BILL NUMBER: AB 41	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2013

INTRODUCED BY   Assembly Member Buchanan

                        DECEMBER 7, 2012

   An act  to amend Section 17074.26 of, and to repeal Sections
17070.99, 17071.35, and 17071.40 of, the Education Code, 
relating to school  finance   facilities  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 41, as amended, Buchanan.  Kindergarten-University
Public Education Facilities Bond Act of 2014.   School
facilities.  
   (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 and requires a
school district's ongoing eligibility for new construction to be
based, in part, on existing school building capacity. Existing law
requires the maximum school building capacity of a school district to
be increased by the number of pupils reported by the Superintendent
of Public Instruction pursuant to a certain calculation related to
the excess school capacity generated as a result of participation in
the Year-Round School Grant Program, but exempts each school on a
year-round, multitrack calendar that has a density of 200 or more
pupils enrolled per acre and that is located in a school district
with 40% of its pupils attending multitrack, year-round schools from
this increase.  
   This bill would repeal the provisions requiring an increase in the
maximum school building capacity as a result of participation in the
Year-Round School Grant Program and exempting specified schools from
the increase in the maximum school building capacity.  
   (2) Existing law requires the board and the State Department of
Education to conduct specified evaluations related to the
construction of small high schools and requires those evaluations to
be used to inform the direction of future school facilities
construction and related bond measures.  
   This bill would repeal this provision. The bill would also correct
a cross-reference.  
   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 (1) authorizes the debt for a single object or work
specified in the act, (2) has been passed by a 2/3 vote of all the
Members elected to each house of the Legislature, (3) has been
submitted to the people at a statewide general or primary election,
and (4) has received a majority of all the votes cast for and against
it at that election.  
   This bill would state the intent of the Legislature to enact
legislation that would create the Kindergarten-University Public
Education Facilities Bond Act of 2014, a state general obligation
bond act that would provide funds to construct and modernize
education facilities, to become operative only if approved by the
voters at the next statewide general election, and to provide for the
submission of the bond act to the voters at that election. 

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 17070.99 of the  
  Education Code   is repealed.  
   17070.99.  (a) The board shall conduct an evaluation on the cost
of new construction and modernization of small high schools in
conjunction with the pilot program established pursuant to
subdivision (c) of Section 17072.10, as it read on January 1, 2005.
   (b) The State Department of Education shall conduct an evaluation
that focuses on pupil outcomes, including, but not limited to,
academic achievement and college attendance rates, at the small high
schools constructed pursuant to subdivision (c) of Section 17072.10,
as it read on January 1, 2005, and on the reasons school districts do
not currently opt to build small high schools.
   (c) The evaluations required pursuant to subdivisions (a) and (b)
shall be completed no later than two years after the opening of the
last small high school constructed pursuant to subdivision (c) of
Section 17072.10, as it read on January 1, 2005.
   (d) The evaluations conducted pursuant to subdivisions (a) and (b)
shall be used to inform the direction of future school facilities
construction and related bond measures. 
   SEC. 2.    Section 17071.35 of the   
 Education Code   is repealed.  
   17071.35.  Notwithstanding any other provisions of law, the
maximum school building capacity for each applicant district shall be
increased by the number of pupils reported by the Superintendent of
Public Instruction for that grade level pursuant to Section 42268.
This adjustment shall be calculated on the basis, at the district's
option, of either the district as a whole or the appropriate
attendance area. 
   SEC. 3.    Section 17071.40 of the   
 Education Code   is repealed.  
   17071.40.  Each school on a year-round, multitrack calendar that
has a density of 200 or more pupils enrolled per acre, that is
located in a school district with 40 percent of its pupils attending
multitrack, year-round schools shall be exempted from the increase in
school building capacity required by Section 17071.35. Nothing in
this section shall be construed as exempting the school from the
requirements of Section 17071.33.
   SEC. 4.    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  17074.14 
 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. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would create the Kindergarten-University
Public Education Facilities Bond Act of 2014, to become operative
only if approved by the voters at the next statewide general
election, and to provide for the submission of the bond act to the
voters at that election. It is also the intent of the Legislature
that the bond act, if approved by the voters at that election, would
provide for the issuance of ____ ($____) of state general obligation
bonds to provide aid to school districts, county superintendents of
schools, county boards of education, the California Community
Colleges, the California State University, and the University of
California, including the Hastings College of the Law, to construct
and modernize education facilities.