Today's Law As Amended


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AB-2864 School facilities: energy efficiency.(2007-2008)



As Amends the Law Today


SECTION 1.
 It is the intent of the Legislature to encourage school districts to achieve “grid neutrality” through investments in renewable energy components for new school construction projects that will increase their energy efficiency and reduce their maintenance and operation costs.

SEC. 2.

 Section 17072.35 of the Education Code is amended to read:

17072.35.
 (a) A grant for new construction may be used for any and all costs necessary to adequately house new pupils in any approved project, and those costs may  only may  include the cost of design, engineering, testing, inspection, plan checking, construction management, site acquisition and development, evaluation and response action costs relating to hazardous substances at a new or existing schoolsite, demolition, construction, acquisition and installation of portable classrooms, landscaping, necessary utility costs, utility connections and other fees, equipment including telecommunication equipment to increase school security, furnishings, and the upgrading  upgrade  of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology, including schoolsite-based infrastructure necessary to provide access to broadband internet within the schoolsite. A grant for new construction may also be used to acquire an existing government or privately owned building, or a privately financed school building, and for the necessary costs of converting the government or privately owned building for public school use. A grant for new construction may also be used for the costs of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools. A grant for new construction may be used for the costs of design, materials, and construction to advance state energy goals pursuant to state law, support outdoor learning environments, or to directly shade and protect pupils from higher average temperatures, which may include incorporating nature and natural materials. A grant for new construction may be used for seismic mitigation purposes and for related design, study, and testing costs. technology. 
(b) A grant for new construction also may be used to acquire an existing government or privately owned building, or a privately financed school building, and for the necessary costs of converting the government or privately owned building for public school use.
(b) (c)  This section does not preclude a school district from using a  A  grant for new construction to support the construction of a school kitchen, a transitional kindergarten classroom, a facility to support a local educational agency-administered preschool program,  also may be used for the costs of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools, including the purchase and installation of renewable energy components,  including, but not limited to, a California state preschool program set forth in Article 2 solar panels, power systems, and photovoltaic (PV) systems, pursuant to Article 10.5  (commencing with Section 8207) of Chapter 2 of Part 6, that is operated by a school district and located on a schoolsite operated by the district, or a facility to support school nurses and counselors to increase access to health care and mental health services. 17077.30). 
(d) Renewable energy components may be purchased and installed under the provisions of Chapter 3.2 (commencing with Section 4217.10) of Division 5 of Title 1 of the Government Code.
(c) (e)  In developing guidelines and regulations for consideration by the board, the State Department of Education shall provide a school district with maximum flexibility in the design and new construction of school facilities. The board shall review the criteria for funding pursuant to the High Performance Schools Grant Program pursuant to paragraph (8) of subdivision (a) of Section 101012 for new construction projects and the extent to which renewable energy technologies were included in projects funded by the program. 

SEC. 3.

 Section 17072.36 is added to the Education Code, to read:

17072.36.
 An amount equal to the savings identified by the establishment of a baseline for average energy consumption within a district or adjacent district based upon a school or schools of similar size, enrollment, construction type, or combination thereof, accrued by a district as a result of the purchase, installation, and use of renewable energy components as authorized by Section 17072.35 shall be transferred into the capital outlay fund of the district until the total cost of the purchase and installation of the component is repaid.

SEC. 4.

 Section 17074.25 of the Education Code is amended to read:

17074.25.
 (a) (1)  A modernization apportionment may be used for an improvement to extend the useful life of, or to enhance the physical environment of, the school. The improvement may only include the cost of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, the replacement of portable classrooms, necessary utility costs, utility connection and other fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the  identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, and the upgrading  upgrade  of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology, including schoolsite-based infrastructure necessary to provide access to broadband internet within the schoolsite. A modernization apportionment may be used for the costs of design, materials, demolition, and construction to advance state energy goals pursuant to state law, support outdoor learning environments, or to directly shade and protect pupils from higher average temperatures, which may include incorporating nature and natural materials. A modernization  technology. A modernization  grant may not be used for costs associated with acquisition and development of real property estate  or for routine maintenance and repair.
(2) A modernization apportionment may also be used for any of the following:
(A) The cost of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high-performance schools.
(B) Seismic mitigation purposes and related design, study, and testing costs.
(C) To remediate any water outlet used for drinking or preparing food with lead levels in excess of 15 parts per billion.
(D) The control, management, or abatement of lead.
(b) This section shall not preclude a school district from using a grant for modernization to support the modernization of a school kitchen, a transitional kindergarten classroom, a facility to support a local educational agency-administered preschool program, including, but not limited to, a California state preschool program set forth in Article 2 (commencing with Section 8207) of Chapter 2 of Part 6, that is operated by a school district and located on a schoolsite operated by the district, or a facility to support school nurses and counselors to increase access to health care and mental health services.
(c) (b)  (1)  A portion of a  modernization apportionment may be used to limit pupil exposure to harmful air pollutants by updating air filtration systems. for the costs of purchase and installation of renewable energy components, including solar panels, power systems, and photovoltaic (PV) systems, pursuant to Article 10.5 (commencing with Section 17077.30). 
(2) (A) This subdivision is declaratory of existing law.
(B) It is the intent of the Legislature in enacting Chapter 714 of the Statutes of 2018 (Assembly Bill 2453 of the 2017–18 Regular Session) to encourage school districts to add air filtration systems to applications for modernization apportionments when air pollution occasionally or regularly exceeds levels known to be harmful to public health.
(d) Notwithstanding any other provision of this article, a school district that is apportioned funds pursuant to Section 17073.16 shall use the supplemental grant for expanding an existing, or constructing a new, gymnasium, multipurpose room, library, or school kitchen.
(e) (c)  In developing guidelines and regulations for consideration by the board, the department, in consultation with the State Department of Education, shall provide a school district with maximum flexibility in the design and modernization of school facilities. The board shall review the criteria for funding pursuant to the High Performance Schools Grant Program pursuant to paragraph (8) of subdivision (a) of Section 101012 for modernization projects and the extent to which renewable energy technologies were included in projects funded by the program. 

SEC. 5.

 Section 17074.28 is added to the Education Code, to read:

17074.28.
 An amount equal to the savings identified by the establishment of a baseline for average energy consumption for a modernization project that received funding pursuant to subdivision (b) of Section 17074.25 accrued by a district as a result of the purchase, installation, and use of renewable energy components shall be transferred into the capital outlay fund of the district until the total cost of the purchase and installation of the component is repaid.