BILL NUMBER: AB 1088	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member O'Donnell

                        FEBRUARY 27, 2015

   An act to amend Section 17074.26 of, and to repeal Sections
17070.99, 17071.33, 17071.35, and 17071.40 of, the Education Code,
relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1088, as introduced, O'Donnell. School facilities: bond act:
Greene Act.
   (1) 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 state the intent of the Legislature to enact
legislation that would create the Kindergarten-University Public
Education Facilities Bond Act of a year to be determined, 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 a statewide general election to be determined, and
to provide for the submission of the bond act to the voters at that
election.
   (2) 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 a calculation of existing school building
capacity.
   The act requires, for purposes of determining existing school
building capacity, the calculation to be adjusted as required for
first priority status, as provided, relating to multitrack year-round
schools, and requires, notwithstanding those provisions, the
existing school building capacity for a high school district to be
calculated without regard to multitrack year-round school
considerations.
   This bill would repeal that provision.
   (3) Existing law requires the State Allocation 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 that provision.
   (4) This bill also would delete obsolete provisions and would
correct a cross-reference.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  It is the intent of the Legislature to enact
legislation that would create the Kindergarten-University Public
Education Facilities Bond Act of ____, to become operative only if
approved by the voters at the ____ 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.
  SEC. 2.  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. 3.  Section 17071.33 of the Education Code is repealed.

   17071.33.  (a) For the purposes of determining existing school
building capacity, the calculation shall be adjusted as required for
first priority status pursuant to Section 17017.7 as that calculation
would have been made under the policies of the board in effect
immediately preceding September 1, 1998.
   (b) Notwithstanding subdivision (a), with respect to a high school
district, the existing school building capacity shall be calculated
without regard to multitrack year-round school considerations.

  SEC. 4.  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. 5.  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. 6.  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.