Today's Law As Amended


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AB-2571 School district and community college district bonds: school facilities.(2023-2024)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) California places a high value on our public education system, and the ability of our school and community college districts to build safe and innovative school facilities, including faculty or employee housing consistent with the state’s policy supporting housing for teachers and school district employees. The stability of housing for school employees, as well as the ability of school and community college districts to build safe and innovative school facilities, is critical to the overall success and stability of each school in California.
(b) Section 1 of Article XIII A of the California Constitution limits the amount of ad valorem tax on real property to 1 percent of the full cash value of the property, except to repay certain voter-approved bonded indebtedness, including, as a result of a constitutional amendment approved by the voters at the November 7, 2000, statewide general election, as part of Proposition 39, the Smaller Classes, Safer Schools and Financial Accountability Act, bonded indebtedness incurred by a school district, community college district, or county office of education for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, approved by 55 percent of the voters voting on the proposition provided that the proposition includes certain accountability provisions.
(c) The California Constitution generally requires, to pass a school bond measure, that at least two-thirds of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds. The exception to the limitation on ad valorem property taxes and the general two-thirds vote requirement provided by Proposition 39 was “to allow school districts, community college districts, and county offices of education to equip our schools for the 21st Century, to provide our children with smaller classes, and to ensure our children’s safety by repairing, building, furnishing and equipping school facilities.”
(d) Included in Proposition 39 is a provision that provides that “the Legislature shall conform all applicable laws to this act.”
(e) Section 15100 of the Education Code provides, in part, that the governing board of a school district may, when in its judgment it is advisable, order an election and submit to the electors of the school district the question of whether the bonds of the school district shall be issued and sold for the purpose of raising money for the following purposes:
(1) The purchasing of school lots.
(2) The building or purchasing of school buildings.
(3) The making of alterations or additions to the school building or buildings other than as may be necessary for current maintenance, operation, or repairs.
(4) The repairing, restoring, or rebuilding of any school building damaged, injured, or destroyed by fire or other public calamity.
(5) The supplying of school buildings and grounds with furniture, equipment, or necessary apparatus of a permanent nature.
(6) The permanent improvement of the school grounds.
(7) The refunding of any outstanding valid indebtedness of the school district, evidenced by bonds, or of state school building aid loans.
(8) The carrying out of the projects or purposes authorized in Section 17577 of the Education Code.
(9) The purchase of schoolbuses with a useful life of at least 20 years.
(10) The demolition or razing of a school building with the intent to replace it with another school building, whether in the same location or in any other location.
(f) This act incorporates the Proposition 39 permitted bond uses into subdivision (a) of Section 15100 of the Education Code and defines “school facilities” as buildings, facilities, structures, or real property improvements used or operated in conjunction with one or more public schools or community colleges, including, but not limited to, classrooms, academic buildings, auditoriums, libraries, laboratories, research or training facilities, administrative offices or buildings, health offices or facilities, dormitories, dining halls, student centers or unions, housing for students, faculty, or school or district employees, sports facilities, maintenance, storage, or utility facilities, other related buildings, facilities, structures, or real property improvements used for student instruction, conducting research, or training, or for operating a school facility, and all necessary, usual, or useful attendant and related buildings, facilities, structures, or real property improvements, including, but not limited to, streets, parking, and supportive services facilities or structures, required or useful for the operation of another school facility, thereby officially conforming Section 15100 of the Education Code to the purposes and intent of Proposition 39.
(g) As this act conforms Section 15100 of the Education Code to the purposes and intent of Proposition 39, it does not constitute a change in, but is declaratory of, existing law.

SEC. 2.

 Section 15100 of the Education Code is amended to read:

15100.
 (a) Except as otherwise provided by law, the governing board of any a  school district or community college district may, when in its judgment it is advisable, and shall, upon a petition of the majority of the qualified electors residing in the school district or community college district, order an election and submit to the electors of the school district or community college district, as applicable, the question whether the bonds of the school district or community college district shall be issued and sold for the purpose of raising money for the following purposes:
(1) The acquisition or lease of real property for school facilities, including, but not limited to, the  purchasing of school lots.
(2) The construction or acquisition of school facilities, including, but not limited to, the  building or purchasing of school buildings.
(3) The reconstruction, rehabilitation, or replacement of school facilities, including, but not limited to, the  making of alterations or additions to the school building or buildings  school buildings,  other than as may be necessary for current maintenance, operation, or repairs.
(4) The repairing, restoring, or rebuilding of any school building  school facilities, including, but not limited to, a school building,  damaged, injured, or destroyed by fire or other public calamity.
(5) The supplying of school buildings and grounds facilities, including, but not limited to, school buildings and grounds,  with furniture, equipment, or necessary apparatus of a permanent nature. apparatus necessary or useful for the operation of the school facilities. 
(6) The permanent improvement of the school grounds.
(7) The refunding of any outstanding valid indebtedness of the school district or community college district, evidenced by bonds, or of state school building aid loans.
(8) The carrying out of the projects or purposes authorized in Section 17577.
(9) The purchase of schoolbuses the  with a  useful life of which is  at least 20 years.
(10) The demolition or razing of any a  school building with the intent to replace it with another school building, whether in the same location or in any other location.
(b) For purposes of subdivision (a), “school facilities” means buildings, facilities, structures, or real property improvements used or operated in conjunction with one or more public schools or community colleges, including, but not limited to, all of the following:
(1) Classrooms.
(2) Academic buildings.
(3) Auditoriums.
(4) Libraries.
(5) Laboratories.
(6) Research or training facilities.
(7) Administrative offices or buildings.
(8) Health offices or facilities.
(9) Dormitories.
(10) Dining halls.
(11) Student centers or unions.
(12) Housing for students, faculty, or school or district employees.
(13) Sports facilities.
(14) Maintenance, storage, or utility facilities.
(15) Other related buildings, facilities, structures, or real property improvements used for student instruction, conducting research, or training, or for operating a school facility.
(16) All necessary, usual, or useful attendant and related buildings, facilities, structures, or real property improvements, including, but not limited to, streets, parking, and supportive services facilities or structures, required or useful for the operation of a school facility.
(b) (c)  Any one  One  or more of the purposes enumerated in subdivision (a), except that of refunding any outstanding valid indebtedness of the school district or community college district evidenced by bonds, may, by order of the governing board of the school district or community college district, as applicable, that is entered in its minutes, be united and voted upon as one single proposition.
(c) (d)  Before the governing board of a school district or the governing board of a community college district may order an election for purposes of this section, it shall obtain reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the county assessor.
SEC. 3.
 The provisions of this act shall be liberally construed to effectuate its purposes.
SEC. 4.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.