Today's Law As Amended


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SB-1017 School facilities: proceeds from sale or lease of surplus property: affordable rental housing facilities.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 17456 of the Education Code is amended to read:

17456.
 Notwithstanding Section 17455,  Sections 17455 and 17462.3,  the sale by the governing board of a school district of any real property belonging to the school district or the lease by that governing board, for a term not exceeding 99 years, of any real property, together with any personal property located thereon, belonging to the school district and the use of the proceeds of that sale or lease,  shall not be subject to any other provision of this chapter, to Article 5 (commencing with Section 17485), or to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, if all of the following conditions are met:
(a) The property is sold or leased to another local governmental agency, or to a nonprofit corporation that is organized for the purpose of assisting one or more local governmental agencies in obtaining financing.
(b) (1) In the case of the sale of school district property pursuant to this section, the school district, as part of that same sale transaction, simultaneously repurchases the same property that is the subject of the transaction.
(2) In the case of the lease of school district property pursuant to this section, the school district, as part of that same lease transaction, simultaneously leases back, for a term that is not substantially less than the term of that lease, the same property that is the subject of the transaction.
(c) The financing proceeds obtained by the school district pursuant to the transaction described in this section are expended for either or both of the following purposes:
(c)  (1) The financing proceeds obtained by the school district pursuant to the transaction described in this section are expended solely for capital  Capital  outlay purposes, including the acquisition of real property for intended use as a schoolsite and the construction, reconstruction, and renovation of school facilities.
(2) For any or all of the purposes set forth in subparagraphs (A) to (D), inclusive. This paragraph only applies if the financing proceeds to be used for purposes set forth below are obtained from the sale or lease of real property that will be used to construct new affordable rental housing facilities for school district employees within the meaning of subdivision (d):
(A) One-time capital expenditures. Proceeds to be used under this subparagraph for deferred maintenance shall be placed in a restricted portion of the school district’s general fund.
(B) Payment, from a fund established exclusively for this purpose, of pension obligations of that school district.
(C) Placement in the school district’s general fund reserve.
(D) To offset the school district’s costs for special needs pupils.
(2) (d)  For purposes of this section, the construction, reconstruction, or renovation of affordable  rental housing facilities for school district employees constitutes a permissible capital outlay expenditure of the financing proceeds obtained by the school district.