SECTIONS 81003-81005 - California Statutes

EDUCATION CODE

SECTION 81003-81005

81003. Subject to Section 66904, a community college may build
campus facilities on school, local government, or other public
property not owned by the community college, if the community college
obtains permission from the owner of the public property to do so.

81004. (a) A community college may develop a public-private
partnership for the purpose of constructing education buildings or
education centers. The facilities may be constructed on a site
donated through the public-private partnership agreement between the
community college and the private sector. The construction of any
education building or education center is subject to approval by the
Board of Governors of the California Community Colleges if the
education building or education center is eligible for state funding
for construction, equipment, or ongoing maintenance. Community
colleges shall not be eligible to receive state funds for off-campus
centers unless recommended by the California Postsecondary Education
Commission pursuant to Section 66904.
(b) (1) If a community college requests state funding for an
education building or education center constructed through a
public-private partnership, funding for that facility shall not
supersede community college facilities that have been previously
prioritized by the board of governors and are awaiting state funding.
These facilities shall be subject to the board of governors' annual
prioritization process and shall not receive higher priority for
state funding solely because the facilities are constructed through a
public-private partnership.
(2) Any state funding to reimburse a community college for
construction of a facility pursuant to this subdivision shall not
exceed that community college's share of costs.
(c) A community college may request state funding for
instructional equipment for an education building or education center
that is constructed through a public-private partnership or that is
acquired without state funding. However, funding for that equipment
shall be provided in the same manner as for other community college
facilities, provided that the construction or acquisition of the
facility otherwise would have qualified as a priority project for
state funding.
(d) On or before January 1, 1999, the board of governors shall
adopt regulations to implement this section. However, prior to
adopting these regulations, the Chancellor of the California
Community Colleges shall consult with the Department of Finance and
the Legislative Analyst.

81005. (a) State funds provided for the capital outlay financing
needs of the California Community Colleges may be used to acquire an
existing government-owned or privately-owned building and for the
necessary costs of converting that building to community college use.
A community college district that is eligible for state funding for
capital outlay financing may purchase an existing government-owned or
privately-owned building and convert it to community college use
with state funds if all of the following criteria apply:
(1) The building to be purchased was constructed as, and continues
to qualify as, a school building pursuant to Article 7 (commencing
with Section 81130), or the building is determined to have, or is
rehabilitated to an extent that it is determined to have, a pupil
safety performance standard that is equivalent to that of a building
constructed pursuant to Article 7 (commencing with Section 81130). In
making the determination of the pupil safety performance standard as
required in this paragraph, all of the requirements of paragraphs
(1) and (2) of subdivision (a) of Section 81149 shall be met.
(2) The total cost of purchasing and converting the existing
building to community college use is not greater than the estimated
cost of constructing an equivalent building.
(3) The land associated with a building to be purchased will be
owned by, or controlled through a long-term lease by, the community
college district. As used in this section, "long-term lease" means a
lease with a term of at least 50 years.
(4) The district has complied with facility site review procedures
and guideline recommendations of the California Postsecondary
Education Commission pursuant to Section 66904.
(b) Funding for a building to be purchased under this section
shall not supersede funding for community college facilities that
have previously been prioritized by the board of governors and are
awaiting state funding. Buildings purchased under this section shall
be subject to the annual prioritization process of the board of
governors, and shall not receive higher priority for state funding
because they are existing buildings rather than buildings proposed to
be constructed.
(c) A community college district that purchases an existing
building under this section may request state funding for
instructional equipment. Funding for that instructional equipment
shall be provided in accordance with Chapter 4.8 (commencing with
Section 84670) of Part 50, provided that the chancellor determines
that the purchase of this equipment qualifies as a priority for state
funding.