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Chapter 2. New Schools Relief Act Of 1979 of California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 2.
This chapter shall be known and may be cited as the New
Schools Relief Act of 1979.
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.
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.
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.
(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.
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.
(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.
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.
(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.
