Today's Law As Amended


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SB-330 California Community Colleges: affordable housing.(2021-2022)



As Amends the Law Today


SECTION 1.

 Article 1.3 (commencing with Section 81280) is added to Chapter 2 of Part 49 of Division 7 of Title 3 of the Education Code, to read:

Article  1.3. Definitions
81280.
 For purposes of this chapter, the following definitions apply:
(a) “Affordable housing for students or employees” means a housing development with a majority of its rents restricted to levels that are affordable to low-income students, or employees who are persons and families of low or moderate income.
(b) “Low-income student” means a student whose income and asset level does not exceed the level required for the Cal Grant A award or Cal Grant B award.
(c) “Persons and families of low or moderate income” has the same meaning as defined in Section 50093 of the Health and Safety Code.

SECTION 1.SEC. 2.

 Section 81394 of the Education Code is amended to read:

81394.
 (a)  The governing board of a community college district may let to any private person, firm, or corporation, any real property which that  belongs to the community college  district if the instrument by which such the  property is let requires the lessee therein  to construct on the demised premises, or provide for the construction thereon  on the real property  of, a building or buildings for the joint use of the community college  district and the private person, firm, or corporation during the term of the agreement; provided that title to that portion of the building to be occupied by the private individual, firm or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to such portion of the building to be occupied by the district shall vest in the district upon completion thereof and acceptance thereof by the district; provided further that no rental fee or other charge for the use of the building shall be paid by the district. lease or agreement if the following conditions are met: 
(1) The title to that portion of the building to be occupied by the private individual, firm, or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to the portion of the building to be occupied by the community college district shall vest in the community college district upon completion of the building or buildings and acceptance of the building or buildings by the community college district.
(2) Except as provided in subdivision (b), no rental fee or other charge for the use of the building or buildings shall be paid by the community college district.
(b) For a lease or agreement entered into pursuant to subdivision (a), if the constructed building or buildings are developed and operated as affordable housing for students or employees of the community college district, or for both those students and employees, the community college district and the private person, firm, or corporation may agree to waive the condition that no rental fee or other charge is to be paid by the community college district for the portion of the building that is for the exclusive use of the community college district.
(c) Construction, alteration, demolition, installation, repair, and maintenance work performed to carry out a lease or agreement entered into or renewed after January 1, 2022, pursuant to subdivision (a) shall be considered public works for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(d) (1) A lease or agreement entered into or renewed after January 1, 2022, pursuant to subdivision (a) shall require the private person, firm, or corporation to certify to the community college district that a skilled and trained workforce will be used to perform all construction work to carry out the lease or agreement.
(2) For a lease or agreement entered into or renewed after January 1, 2022, pursuant to subdivision (a), all of the following shall apply:
(A) The private person, firm, or corporation shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to perform all construction work to carry out the lease or agreement.
(B) Every contractor and subcontractor shall use a skilled and trained workforce to perform all construction work to carry out the lease or agreement.
(C) (i) Except as provided in clause (ii), the private person, firm, or corporation shall provide to the community college district, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the community college district pursuant to this clause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and shall be open to public inspection. A private person, firm, or corporation that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments in Section 1741 of the Labor Code, and may be reviewed pursuant to the procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(ii) Clause (i) does not apply if all contractors and subcontractors performing work to carry out the lease or agreement are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure.
(3) For purposes of this subdivision, the following definitions apply:
(A) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(B) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

SEC. 2.SEC. 3.

 Section 81420 of the Education Code is amended to read:

81420.
 (a)  A community college district may enter into a lease or agreement with a city, county, or city and county for the joint occupancy, or a private education educational  institution for its sole occupancy, of the real property and buildings of the community college  district, in accordance with the provisions of  this article.
(b) A community college district may enter into a lease or agreement with a private person, firm, or corporation for the joint occupancy of the real property and buildings of the community college district, in accordance with this article, if the real property and buildings are intended for affordable housing for students or employees of the community college district, or for both those students and employees.

SEC. 3.SEC. 4.

 Section 81423 of the Education Code is amended to read:

81423.
 No (a)   such  Except as provided in subdivision (b), a  lease or agreement shall  under this article shall not  exceed a term of five years, but may be renewed on the same or different conditions at the end of such the  term.
(b) A lease or agreement under this article for joint occupancy of real property and buildings of the community college district that are intended for affordable housing for students or employees of the community college district, or for both those students and employees, shall not exceed a term of 66 years.

SEC. 4.SEC. 5.

 Section 81440 of the Education Code is amended to read:

81440.
 Notwithstanding any other law, no the  governing board of a community college district shall not  do either of the following:
(a) Make a gift of district  the community college district’s  real property to any entity that is not established by the community college  district pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45.
(b) Lease real property for less than fair rental value, as defined in paragraph (2) of subdivision (c) of  Section 82542, to any entity unless the entity meets one of the following conditions:
(1) It is established by the community college  district pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45.
(2) It is described in Section 82537.
(3) It is described in Section 72682.
(4) It was in existence on August 31, 1980, and has been or is subsequently recognized by the governing board of a community college district as having a formal relationship with, and working on behalf of, the community college  district or a constituent college thereof. college of the community college district. 
(5) It intends to enter into a lease or agreement with the community college district for joint occupancy of the real property and buildings of the community college district to develop and operate affordable housing for students or employees of the community college district, or for both those students and employees, and the lease or agreement is consistent with Section 6 of Article XVI of the California Constitution.