SECTIONS 17251-17255 - California Statutes

EDUCATION CODE

SECTION 17251-17255

17251. The State Department of Education shall:
(a) Upon the request of the governing board of any school
district, advise the governing board on the acquisition of new
schoolsites and, after a review of available plots, give the
governing board in writing a list of the recommended locations in the
order of their merit, considering especially the matters of
educational merit, safety, reduction of traffic hazards, and
conformity to the land use element in the general plan of the city,
county, or city and county having jurisdiction. The governing board
may purchase a site deemed unsuitable for school purposes by the
State Department of Education only after reviewing the department's
report on proposed sites at a public hearing. The department shall
charge the school district a reasonable fee for each schoolsite
reviewed not to exceed the actual administrative costs incurred for
that purpose.
(b) Develop standards for use by a school district in the
selection of schoolsites, in accordance with the objectives set forth
in subdivision (a). The department shall investigate complaints of
noncompliance with site selection standards and shall notify the
governing board of the results of the investigation. If that
notification is received prior to the acquisition of the site, the
governing board shall discuss the findings of the investigation in a
public hearing.
(c) Establish standards for use by school districts to ensure that
the design and construction of school facilities are educationally
appropriate and promote school safety.
(d) Upon the request of the governing board of any school
district, review plans and specifications for school buildings in the
district.
The department shall charge governing boards of school districts,
for the review of plans and specifications, a reasonable fee not to
exceed the actual administrative costs incurred for that purpose.
(e) Upon the request of the governing board of any school
district, make a survey of the building needs of the district, advise
the governing board concerning the building needs, suggest plans for
financing a building program to meet the needs. The department shall
charge the district, for the cost of the survey, a reasonable fee
not to exceed the actual administrative costs incurred for that
purpose.
(f) Provide information relating to the impact or potential impact
upon any schoolsite of hazardous substances, solid waste, safety,
hazardous air emissions, and other information as the department may
deem appropriate.

17251.5. Notwithstanding any law, when using exclusively local
funds for acquisition of a potential schoolsite, a school district is
not required to receive final approval of a site by the State
Department of Education prior to adopting a resolution of necessity
in an eminent domain proceeding or prior to closing escrow on a site
purchase through voluntary sale.

17252. All money collected by the State Department of Education
under the provisions of this article shall be available for the use
of the department pursuant to appropriations for any use that may
from time to time be made by the Legislature.

17253. (a) The Legislature finds and declares the following:
(1) The Department of Water Resources, pursuant to Division 3
(commencing with Section 6000) of the Water Code, exercises
regulatory control over dam safety in the State of California.
(2) The department approves all plans and specifications,
certifies that any dam is safe to impound water, periodically
inspects all dams for the continuing safety of all impounding
structures, and may revoke any certification allowing impoundment of
water if it is determined that the dam is a danger to life and
property.
(b) If the Department of Water Resources has asserted and
continues to exercise its regulatory control over the Domenigoni
Valley Reservoir Project, the State Department of Education, when
evaluating schoolsites, shall not require mitigation related to
potential dam breach inundation of the Domenigoni Valley Reservoir
Project.

17255. The Energy Resources Conservation and Development Commission
shall, in consultation with the State Department of Education and
the Division of the State Architect and the Office of Public School
Construction within the Department of General Services, recommend
best design practices that include energy efficiency measures for all
new public schools. The practices and measures shall have as a goal
incorporating energy efficiency design and technologies that would
provide the greatest amount of energy efficiency savings within a
cost recapture period of seven years. The commission may additionally
recommend best design practices and measures that would be
cost-effective taking into consideration life-cycle costs. The
recommendations shall be reported to the Governor and the Legislature
by October 1, 2003.