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AB-2570 School facilities: hardship assistance.(2003-2004)

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AB2570:v98#DOCUMENT

Amended  IN  Assembly  April 12, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 2570

Introduced  by  Assembly Member Dutton

February 20, 2004

An act to add Article 10 (commencing with Section 16350) to Chapter 6 of Part 10 amend Section 17075.10 of the Education Code, relating to school facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2570, as amended, Dutton. School facilities: natural disasters prevention hardship assistance.
Existing law permits a school district to apply for hardship assistance in cases of extraordinary circumstances and requires the school district, in certain cases, to demonstrate that due to unusual circumstances that are beyond the control of the district, excessive costs need to be incurred in the construction of school facilities.
This bill, in addition, would permit a school district to receive hardship assistance if it demonstrates that excessive costs need to be incurred in the protection of existing school facilities. includes various methods of providing state aid to school districts for purposes of constructing, modernizing, or rehabilitating school facilities.

This bill would authorize a school district to apply to the State Allocation Board for funding, which would come from an emergency reserve fund to be established pursuant to a general obligation bond act, in cases where a school building faces imminent danger from a natural disaster in order to prevent damage to the school building. The bill would set forth eligibility requirements for applicant school districts.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

Article 10 (commencing with Section 16350) is

Section 17075.10 of the Education Code is amended to read:

17075.10.
 (a) A school district may apply for hardship assistance in cases of extraordinary circumstances.
(b) A school district applying for hardship state funding under this article shall comply with either paragraph (1) or (2).
(1) Demonstrate both of the following:
(A) That due to extreme financial, disaster-related, or other hardship the school district has unmet need for pupil housing.
(B) That the school district is not financially capable of providing the matching funds otherwise required for state participation, that the district has made all reasonable efforts to impose all levels of local debt capacity and development fees, and that the school district is, therefore, unable to participate in the program pursuant to this chapter except as set forth in this article.
(2) Demonstrate that due to unusual circumstances that are beyond the control of the district, excessive costs need to be incurred in the construction of school facilities or in the protection of existing school facilities.
(c) The board shall review the increased costs that may be uniquely associated with urban construction and shall adjust the per-pupil grant for new construction, or modernization, hardship applications as necessary to accommodate those costs. The board shall adopt regulations setting forth the standards, methodology, and a schedule of allowable adjustments, for the urban adjustment factor established pursuant to this subdivision.

added to Chapter 6 of Part 10 of the Education Code, to read:

10.Natural Disasters Prevention
16350.

(a)A school district may apply to the board for funding, from funds made available for this purpose, in cases where a school building faces imminent danger from a natural disaster in order to prevent damage to the school building.

(b)In order to be eligible for funding under this article, the applicant school district shall demonstrate the imminent danger presented by the natural disaster and present a recommendation from a local fire marshal or other local safety officer of the imminent danger and the remedy or remedies to prevent damage to the school building.

(c)For the purposes of this article, “natural disaster” includes, but is not limited to, fire, flood, and avalanche.

16351.

The funding for purposes of this article shall come from an emergency reserve fund to be established pursuant to a general obligation bond act to prevent damage to school buildings as a result of natural disasters.