Bill Text: CA AB68 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School facilities: schoolsite acquisition.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB68 Detail]

Download: California-2017-AB68-Amended.html

Amended  IN  Assembly  January 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 68


Introduced by Assembly Member Mathis

December 14, 2016


An act to add Section 17225 to the Education Code, relating to school facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 68, as amended, Mathis. School facilities: proximity to farms. farms: water supply.
Existing law requires the governing board of a school district, prior to commencing the acquisition of real property for a new schoolsite in an area designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, to make certain findings, including that the school district will attempt to minimize any public health and safety issues resulting from the neighboring agricultural uses that may affect the pupils and employees at the schoolsite.
This bill would prohibit a school district, county office of education, charter school, or private school from building a new school facility or acquiring real property for the purpose of building a school facility if the proposed schoolsite is located within 2 miles of an operating farm. The bill would create an exception if the school district, county office of education, charter school, or private school agrees to hold the farm harmless and without fault for any harm to the health of pupils or school staff caused by the use of pesticide by the farm in compliance with applicable law and within the normal operation of the farm. The bill would also require a new school facility built on or after January 1, 2018, and located within 2 miles of an operating farm to obtain its water supply from a public water system, as defined.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 17225 is added to the Education Code, to read:
17225.

(a)(1)Except as provided in paragraph (2), a school district, county office of education, charter school, or private school shall not build a new school facility or acquire real property for the purpose of building a school facility if the proposed schoolsite is located within two miles of an operating farm.

(2)Paragraph (1) shall not apply if the school district, county office of education, charter school, or private school agrees to hold the farm harmless and without fault for any harm to the health of pupils or school staff caused by the use of pesticide by the farm in compliance with applicable law and within the normal operation of the farm.

(b)

17225.
 (a) A new school facility built on and after January 1, 2018, and located within two miles of an operating farm shall obtain its water supply from a public water system, as that term is defined in subdivision (h) of Section 116275 of the Health and Safety Code.

(c)

(b) For purposes of this section, “farm” has the same meaning specified in Section 52262 of the Food and Agricultural Code.

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