SECTIONS 17240-17245 - California Statutes

EDUCATION CODE

SECTION 17240-17245

17240. This chapter shall be known and may be cited as the New
Schools Relief Act of 1979.

17241. The Legislature hereby finds and declares that because of
the adoption of Article XIII A of the California Constitution,
imposing limits on the ability of school districts to levy and
collect property taxes, it is necessary to create new revenues for
the construction of school facilities.

17242. It is the intent of the Legislature in enacting this chapter
to provide opportunities for school districts, the state, and the
private sector to cooperate to provide needed school facilities in
growth impacted districts, and to facilitate innovative financing and
other techniques for growth impacted districts to help meet new
school construction needs.

17243. As used in this chapter:
(a) "Board" means the State Allocation Board.
(b) "A school district with an anticipated increase in enrollment"
means a school district in which the level of enrollment is
projected by the district to be higher during any of the five years,
including the year in which the projection is made, than the year
preceding the year in which the projection is made. Projections shall
be made pursuant to regulations adopted by the board.
(c) "Private developers" means individuals or corporations owning
land, facilities, or both; or, in the business of developing land for
construction purposes, constructing facilities on developed land, or
both.

17244. Notwithstanding any other provision of law, a school
district with an anticipated increase in enrollment is authorized to
lease land and facilities from a private developer with funds
provided by one or more of the following sources, subject to
regulations established by the board:
(a) Funds provided by the state for the purposes of school
construction (1) in the Budget Act, (2) in separate legislation, (3)
from the sale of bonds, the issuance of which was approved by the
voters of the state prior to January 1, 1980, provided that the
purposes for which the issuance of the bonds was approved encompassed
the purposes of this section; or (4) from the sale of bonds, the
issuance of which may be approved on or after January 1, 1980, by the
voters of the state for the purposes of school construction, among
other purposes.
(b) Funds the district has borrowed from the state and which the
district is in the process of repaying, provided that nothing in this
section shall be construed as terminating, delaying, or otherwise
interrupting the district's schedule of repayments for the funds.
(c) Available capital reserves from the district's general fund or
special funds of the district, provided the purposes of this section
do not conflict with the purposes for which the funds may be used.
(d) Proceeds from the sale or lease of unneeded facilities,
provided that nothing in this section shall be construed to have any
of the following effects:
(1) To terminate, delay, or otherwise interrupt the schedule of
regular repayments for the district's obligations to the state.
(2) To relieve the district from any obligation to the state,
except to the degree that such district may retain that portion of
the proceeds from the sale or lease of unneeded facilities necessary
to lease land and facilities pursuant to this section.
(3) To permit the district to retain any proceeds otherwise owing
to the state from the lease or sale of unneeded facilities in excess
of the amount necessary to lease land and facilities pursuant to this
section.

17245. Notwithstanding any other law, a school district with an
anticipated increase in enrollment is authorized to construct school
facilities authorized within state school building aid standards, and
subject to regulations established by the board, with funds from the
following sources:
(a) Available capital reserves from the district's general fund or
special funds of the district, provided the purposes of this section
do not conflict with the purposes for which the funds may be used.
(b) Proceeds from the sale or lease of unneeded facilities
provided that nothing in this section shall be construed to have any
of the following effects:
(1) To terminate, delay, or otherwise interrupt the schedule of
regular repayments for the district's obligations to the state.
(2) To relieve the district from any obligation to the state,
except to the degree that the district may retain that portion of the
proceeds from the sale or lease of unneeded facilities necessary to
construct facilities pursuant to this section.
(3) To permit the district to retain any proceeds otherwise owing
to the state from the lease or sale of unneeded facilities in excess
of the amount necessary to construct facilities pursuant to this
section.