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ASSEMBLY BILL 2926 (STIRLING – 1986)
CHAPTER 887, STATUTES OF 1986, AB 2926
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Several Education and Government Codes sections and Public Resources Code section 6217 were affected in 1986 following legislative passage of Assembly Bill 2926. (See Exhibit A, #1g) Assembly Bill 2926 was introduced on February 10, 1986 by Assembly member Larry Stirling on behalf of the California School Boards Association and the Santee School Board. (See Exhibit A, #1a; and #16, document PE-8)
While before the Legislature, Assembly Bill 2926 was heard by the Assembly Committee on Public Investments, Finance, and Bonded Indebtedness, the Assembly Committee on Education and the Assembly Committee on Ways and Means. (Exhibit A, #3, #4, and #6) On the Senate side, the measure was heard by
the Committee on Education and the Committee on Appropriations. (See Exhibit A, #2) While Assembly Bill 2926 was before the Senate, amendments
were made which, when reviewed by the Assembly, were not accepted. (See Exhibit A, #1d, #1e, and #1f) Consequently, the measure was sent to a Conference Committee. The purpose of a Conference Committee is to bring together six legislators, three from each House, in an attempt to reach a compromise on a bill’s language where there is a refusal to accept amendments.
The Conference Committee on Assembly Bill 2926 made amendments to the bill which were accepted by the Legislature. (See Exhibit A, #1g) Assembly Bill 2926 was signed by Governor George Deukmejian on September 18, 1986, and recorded on that date as Chapter 887 of the Statutes of 1986. (See Exhibit A, #1h and #2)
As originally introduced and through six amendments, Assembly Bill 2926 proposed major changes to the Leroy F. Greene State School Building Lease Purchase Law of 1976. (See Exhibit A, #1a through #1g; #3 through #8a; and #9 through #13) The measure was purportedly in response to a demonstrated need for at least three billion dollars over a five year period to acquire, construct, or rehabilitate existing school facilities due to population growth. (See Exhibit A, #8a)
Assembly Bill 2926 was one of several bills introduced in 1986 to address this issue. (See Exhibit A, #8a, page 1) The 1986 legislative efforts followed similar attempts by numerous bills in 1985 to address the needs of school districts. (Id.) These measures were vetoed by Governor Deukmejian who wanted a school facilities need study completed before approving legislation handling the financing of the facilities. (Id.) A study was completed by the Department of Finance, and then the 1986 legislative proposals were made. (See Exhibit A, #4, #8a, and #13)
Assembly Bill 2926 and eleven other measures were passed through policy committees to an Assembly/Senate Conference Committee where a final package on the matter was negotiated. (See Exhibit A, #4, #12, and #13)
In Conference, the eleven measures were consolidated into three measures, with Assembly Bill 2926 carrying some of this negotiated school facilities package. (See Exhibit A, #13; #14, document SFA-1; and #15, document A-3) The three measures were considered interdependent, particularly Assembly Bill 2926 and Senate Bill 327 (handling program changes to existing school facilities construction statutes), which were double-joined. (See Exhibit A, #14, document SFA-1 and #15, document A-3)
The summaries prepared on Assembly Bill 2926 after Conference Committee negotiations best set forth the various additions and changes caused by the measure. (See Exhibit A, #15, documents A-1 through A-4) A press release from the Governor reiterated the goal of establishing partnerships between State and local government and private entities with regard to school construction. (See Exhibit A, #17 and #18, document LC-49)
In an analysis of Assembly Bill 2926, the Conference Report Analysis described the bill as follows:
. . . Generally the bill:
1) Establishes a state-local partnership for funding school construction and reconstruction
2) Authorizes local school boards to control developer fees to meet school construction needs. Current developer fees under contract or voter approved are not affected;
3) Developer fees are “capped” at $1.50 per square foot for residential and $0.25 per square foot for commercial or industrial; the caps are eliminated if G.O. bonds fail.
4) Appropriates $15 million annually for emergency classrooms.
5) Appropriates $30 million from PVEA for air conditioning and insulation in year-round schools.
(See Exhibit A, #14, document SFA-1)