SECTIONS 100610-100620 - California Statutes

EDUCATION CODE

SECTION 100610-100620

100610. The proceeds of bonds issued and sold pursuant to Article 2
(commencing with Section 100625) shall be deposited in the 2002
State School Facilities Fund, which is established in Section
17070.40, and shall be allocated by the State Allocation Board
pursuant to this chapter.

100615. All moneys deposited in the 2002 State Facilities Fund for
the purposes of this chapter shall be available and, notwithstanding
any other provision of law to the contrary, are hereby appropriated
to provide aid to school districts, county superintendents of
schools, and county boards of education of the state in accordance
with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5
(commencing with Section 17070.10) of Part 10), as set forth in
Section 100620, to provide funds to repay any money advanced or
loaned to the 2002 State School Facilities Fund under any act of the
Legislature, together with interest provided for in that act, and to
reimburse the General Obligation Bond Expense Revolving Fund pursuant
to Section 16724.5 of the Government Code.

100620. (a) The proceeds from the sale of bonds, issued and sold
for the purposes of this chapter, shall be allocated in accordance
with the following schedule:
(1) The amount of three billion four hundred fifty million dollars
($3,450,000,000) for new construction of school facilities of
applicant school districts under Chapter 12.5 (commencing with
Section 17070.10) of Part 10 for those school districts that file an
application with the Office of Public School Construction after
February 1, 2002, including, but not limited to, hardship
applications.
(A) Of the amount allocated pursuant to this paragraph, up to one
hundred million dollars ($100,000,000) shall be available for
providing school facilities to charter schools pursuant to a statute
enacted after the effective date of the act enacting this section.
(B) If the Housing and Emergency Shelter Trust Fund Act of 2002 is
submitted to the voters at the November 5, 2002, general election
and fails passage by the voters, of the amount allocated pursuant to
this paragraph, twenty-five million dollars ($25,000,000) shall be
available for the purposes of Sections 51451.5, 51453, and 51455 of
the Health and Safety Code.
(2) The amount of one billion four hundred million dollars
($1,400,000,000) for the modernization of school facilities pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for
those school districts that file an application with the Office of
Public School Construction after February 1, 2002, including, but not
limited to, hardship applications.
(3) The amount of two billion nine hundred million dollars
($2,900,000,000) for new construction of school facilities pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for
those school districts that have filed an application with the Office
of Public School Construction on or before February 1, 2002,
including, but not limited to, hardship applications. If the amount
made available for purposes of this paragraph is not needed and
expended for the purposes of this paragraph, the State Allocation
Board may allocate the remainder of these funds for purposes of
paragraph (1).
(4) The amount of one billion nine hundred million dollars
($1,900,000,000) for the modernization of school facilities pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10, for
those school districts that have filed an application with the Office
of Public School Construction on or before February 1, 2002,
including, but not limited to, hardship applications. If the amount
made available for purposes of this paragraph is not needed and
expended for the purposes of this paragraph, the State Allocation
Board may allocate these funds for purposes of paragraph (2).
(5) The amount of one billion seven hundred million dollars
($1,700,000,000) for deposit into the 2002 Critically Overcrowded
School Facilities Account established within the 2002 State School
Facilities Fund pursuant to subdivision (e) of Section 17078.10, for
the purposes set forth in Article 11 (commencing with Section
17078.10) of Chapter 12.5 of Part 10 relating to critically
overcrowded schools, including, but not limited to, hardship
applications, and any other new construction or modernization
projects as authorized pursuant to Section 17078.30.
(6) The amount of fifty million dollars ($50,000,000) for the
purposes set forth in Article 10.6 (commencing with Section 17077.40)
of Chapter 12.5 of Part 10 relating to joint-use projects,
including, but not limited to, hardship applications.
(b) School districts may use funds allocated pursuant to
paragraphs (2) and (4) of subdivision (a) only for one or more of the
following purposes in accordance with Chapter 12.5 (commencing with
Section 17070.10) of Part 10:
(1) The purchase and installation of air-conditioning equipment
and insulation materials, and related costs.
(2) Construction projects or the purchase of furniture or
equipment designed to increase school security or playground safety.
(3) The identification, assessment, or abatement in school
facilities of hazardous asbestos.
(4) Project funding for high priority roof replacement projects.
(5) Any other modernization of facilities pursuant to Chapter 12.5
(commencing with Section 17070.10) of Part 10.
(c) Funds allocated pursuant to paragraphs (1) and (3) of
subdivision (a) may, also, be utilized to provide new construction
grants for eligible applicant county boards of education under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 for
funding classrooms for severely handicapped pupils, or for funding
classrooms for county community school pupils.
(d) (1) The Legislature may amend this section to adjust the
funding amounts specified in paragraphs (1) to (6), inclusive, of
subdivision (a), only by either of the following methods:
(A) By a statute, passed in each house of the Legislature by
rollcall vote entered in the respective journals, by not less than
two-thirds of the membership in each house concurring, if the statute
is consistent with, and furthers the purposes of, this chapter.
(B) By a statute that becomes effective only when approved by the
voters.
(2) Amendments pursuant to this subdivision may adjust the amounts
to be expended pursuant to paragraphs (1) to (6), inclusive, of
subdivision (a), but may not increase or decrease the total amount to
be expended pursuant to that subdivision.
(e) From the total amounts set forth in paragraphs (1) to (6),
inclusive, of subdivision (a), a total of no more than twenty million
dollars ($20,000,000) shall be used for the costs of energy
conservation adjustments authorized pursuant to Section 17077.35.
(f) Funds available pursuant to this section may be used for
acquisition of school facilities authorized pursuant to Section
17280.5.