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AB-591 School property: lease: county boards of education.(2017-2018)

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Date Published: 02/14/2017 09:00 PM
AB591:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 591


Introduced by Assembly Member O'Donnell

February 14, 2017


An act to amend Section 17407.5 of, and to add Section 1048 to, the Education Code, relating to school property.


LEGISLATIVE COUNSEL'S DIGEST


AB 591, as introduced, O'Donnell. School property: lease: county boards of education.
Existing law authorizes the governing board of a school district to lease real property that belongs to the school district for a minimum rental of $1 per year if the instrument by which the property is leased requires a building to be constructed by the lessee for use by the school district and title to the building vests in the school district at the end of the lease. Existing law also authorizes the governing board of a school district to enter into an agreement with the lowest responsible bidder for the construction of a building to be leased and used by the school district if the instrument provides that title to the building and site shall vest in the school district at the end of the lease. Existing law prohibits the governing board of a school district from entering into an agreement with an entity pursuant to the above-specified provisions unless the entity provides an enforceable commitment that the entity and its subcontractors will use a skilled and trained workforce to perform the work.
This bill would make all of the requirements in the provisions specified above applicable to an agreement entered into by a county board of education to let to a person, firm, or corporation any real property that belongs to the county office of education or a school district that requires the lessee to construct a building on demised premises for use by the county office of education or a school district.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1048 is added to the Education Code, to read:

1048.
 If a county board of education enters into an agreement to let to any person, firm, or corporation any real property that belongs to the county office of education or a school district and requires the lessee to construct on the demised premises or provide for the construction of a building for use by the county office of education or a school district, the county board of education shall comply with all requirements applicable to the governing board of a school district pursuant to Sections 17406, 17407, and 17407.5.

SEC. 2.

 Section 17407.5 of the Education Code is amended to read:

17407.5.
 (a) The governing board of a school district shall not enter into an agreement pursuant to Section 17406 or 17407 with any entity unless the entity provides to the governing board of the school district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(b) Subdivision (a) shall not apply if any of the following requirements are met:
(1) The governing board of the school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce and the entity agrees to be bound by that project labor agreement.
(2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the school district prior to before January 1, 2017.
(3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.
(c) For purposes of this section, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(d) The requirements of this section and Sections 17406 and 17407 shall apply to any agreement entered into by a county board of education to let to any person, firm, or corporation any real property that belongs to the county office of education or a school district and requires the lessee to construct on the demised premises or provide for the construction of a building thereon for use by the county office of education or a school district.