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AB-68 School facilities: schoolsite acquisition.(2017-2018)

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Date Published: 02/21/2017 09:00 PM
AB68:v97#DOCUMENT

Amended  IN  Assembly  February 21, 2017
Amended  IN  Assembly  January 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 68


Introduced by Assembly Member Mathis

December 14, 2016


An act to add Section 17225 to amend Section 17215.5 of the Education Code, to amend Section 53094 of the Government Code, and to amend Section 21151.2 of the Public Resources Code, relating to school facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 68, as amended, Mathis. School facilities: proximity to farms: water supply. schoolsite acquisition.

Existing

(1) Existing law requires the governing board of a school district, prior to before commencing the acquisition of real property for a new schoolsite in an area designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, to make certain findings, including that the school district will attempt to minimize any public health and safety issues resulting from the neighboring agricultural uses that may affect the pupils and employees at the schoolsite.

This bill would require a new school facility built on or after January 1, 2018, and located within 2 miles of an operating farm to obtain its water supply from a public water system, as defined.

This bill would require a rural school district to make an additional finding that the school district has provided notice to the planning commission having jurisdiction and that the planning commission has approved the acquisition of the property for the schoolsite or for an addition to the present schoolsite in accordance with specified provisions.
(2) Existing law requires the governing board of a school district before acquiring title to property for a new schoolsite or for an addition to a present schoolsite, to give the planning commission having jurisdiction notice in writing of the proposed acquisition. Existing law requires the planning commission to investigate the proposed site and within 30 days after receipt of the notice to submit to the governing board of the school district a written report of the investigation and its recommendations concerning acquisition of the site. Existing law prohibits the governing board of the school district from acquiring title to the property until the report of the planning commission has been received, and prohibits, if the report does not favor the acquisition of the property for a schoolsite, or for an addition to a present schoolsite, the governing board of the school district from acquiring title to the property until 30 days after the commission’s report is received.
This bill would prohibit, if the report does not favor the acquisition of the property for a schoolsite, or for an addition to a present schoolsite, and the property is designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, the governing board of the school district from acquiring title to the property. In that case, the bill would require the governing board of the school district and the planning commission having jurisdiction to meet to review and consider specified issues to determine the need for and appropriate location of the schoolsite or addition to the present schoolsite, and would require the governing board of the school district to provide notice of the time and place of that meeting, as specified. The bill would provide that these provisions only apply to rural school districts. By imposing additional duties on school districts and planning commissions, the bill would impose a state-mandated local program.
(3) Existing law authorizes the governing board of a school district, by a 2/3 vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of school district property, except if the proposed use is for nonclassroom facilities.
This bill would prohibit the governing board of a rural school district from exercising this authority for property that is designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production if a specified report from the planning commission with jurisdiction does not favor the acquisition of the property for a schoolsite, or for an addition to a present schoolsite. This bill also would require the governing board of a school district to comply with the findings requirements discussed in paragraph (1) above, before using this authorization to render a city or county zoning ordinance inapplicable to a proposed use of school district property.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.Section 17225 is added to the Education Code, to read:
17225.

(a)A new school facility built on and after January 1, 2018, and located within two miles of an operating farm shall obtain its water supply from a public water system, as that term is defined in subdivision (h) of Section 116275 of the Health and Safety Code.

(b)For purposes of this section, “farm” has the same meaning specified in Section 52262 of the Food and Agricultural Code.

SECTION 1.

 Section 17215.5 of the Education Code is amended to read:

17215.5.
 (a) Prior to Before commencing the acquisition of real property for a new schoolsite in an area designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, the governing board of a school district shall make all of the following findings:
(1) The school district has notified and consulted with the city, county, or city and county within which the prospective schoolsite is to be located.
(2) The final site selection has been evaluated by the governing board of the school district based on all factors affecting the public interest and not limited to selection on the basis of the cost of the land.
(3) The school district will attempt to minimize any public health and safety issues resulting from the neighboring agricultural uses that may affect the pupils and employees at the schoolsite.
(4) (A) The school district has provided notice to the planning commission having jurisdiction in accordance with Section 21151.2 of the Public Resources Code and the planning commission has approved the acquisition of the property for the schoolsite or for an addition to the present schoolsite in accordance with that section.
(B) The requirement of subparagraph (A) shall only apply to a rural school district.
(b) Subdivision (a) shall not apply to any schoolsite approved by the State Department of Education prior to department before January 1, 1997.

SEC. 2.

 Section 53094 of the Government Code is amended to read:

53094.
 (a) Notwithstanding any other provision of this article, this article does not require a school district to comply with the zoning ordinances of a county or city unless the zoning ordinance makes provision for the location of public schools and unless the city or county has adopted a general plan.
(b) Notwithstanding subdivision (a), the governing board of a school district, that has complied with the requirements of Section 65352.2 of this code and Section 65352.2, Section 17215.5 of the Education Code, and Section 21151.2 of the Public Resources Code, by a vote of two-thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district. The governing board of the school district may shall not take this action when if the proposed use of the property by the school district is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings.
(c) The governing board of the school district shall, within 10 days, days of its vote, notify the city or county concerned of any action taken pursuant to subdivision (b). If the governing board of the school district has taken such an this action, the city or county may commence an action in the superior court of the county whose zoning ordinance is involved or in which is situated the city whose zoning ordinance is involved, seeking a review of the action of the governing board of the school district to determine whether it was arbitrary and capricious. capricious pursuant to Section 1094.5 of the Code of Civil Procedure. The city or county shall cause a copy of the complaint to be served on the board. governing board of the school district. If the court determines that the action was arbitrary and capricious, it shall declare it to be of no force and effect, and the zoning ordinance in question shall be applicable to the use of the property by the school district.

SEC. 3.

 Section 21151.2 of the Public Resources Code is amended to read:

21151.2.
 (a) To promote the safety of pupils and comprehensive community planning planning, the governing board of each a school district before acquiring title to property for a new school site schoolsite or for an addition to a present school site, schoolsite, shall give the planning commission having jurisdiction notice in writing of the proposed acquisition. The planning commission shall investigate the proposed site and within 30 days after receipt of the notice shall submit to the governing board of the school district a written report of the investigation and its recommendations concerning acquisition of the site.

The

(b) (1) The governing board of the school district shall not acquire title to the property until the report of the planning commission has been received. If
(2) If the report does not favor the acquisition of the property for a school site, schoolsite, or for an addition to a present school site, schoolsite, the governing board of the school district shall not acquire title to the property until 30 days after the planning commission’s report is received.
(c) (1) Notwithstanding subdivision (b), if the report does not favor the acquisition of the property for a schoolsite, or for an addition to a present schoolsite, and the property is designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, both of the following apply:
(A) The governing board of the school district shall not acquire title to the property.
(B) The governing board of the school district and the planning commission having jurisdiction shall meet to review and consider the following issues to determine the need for and appropriate location of the schoolsite or addition to the present schoolsite:
(i) Coordination of planning, design, and construction of new school facilities and schoolsites in coordination with the existing or planned infrastructure, general plan, and zoning designations of the city and county.
(ii) Options for the siting of new schools and whether or not the local city’s or counties’ existing land use element appropriately reflects the demand for public school facilities, and ensures that new planned development reserves locations for public schools are in the most appropriate locations.
(iii) Coordination of the potential siting of new schools in coordination with existing or proposed community revitalization efforts by the city or county.
(iv) Opportunities for financial assistance that the local government may make available to assist the school district with site acquisition, planning, or preparation costs.
(v) Review all possible methods of coordinating, planning, design, and construction of new school facilities and schoolsites or major additions to existing school facilities and recreation and park facilities and programs in the community.
(C) The governing board of the school district shall provide notice of the time and place of the meeting required by subparagraph (B) in at least one newspaper of general circulation within the jurisdiction of the planning commission that is conducting the meeting no less than 30 days before the meeting. If there is no paper of general circulation, the notice shall be posted in at least three conspicuous public places within the jurisdiction of the planning commission not less than 30 days before the meeting.
(2) The requirements of paragraph (1) shall only apply to a rural school district.

SEC. 4.

 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.