Category Archives: Proposition 51

State Allocation Board Approves Career Technical Education Facilities Program & Bond Sale Information

Today the State Allocation Board met to hear and take action on a number of items, including three school district appeals and regulations to establish new funding cycles for the Career Technical Education Facilities Program (CTEFP).  An item proposing regulatory amendments to new construction application processing was originally agendized but subsequently pulled from consideration at today’s meeting.

Executive Officer Statement: Fall GO BondSale
During the Executive Officer statement, Lisa Silverman indicated that the fall General Obligation bond sale will take place on August 29, 2017.  The recent priority funding filing period closed on June 8, 2017, and the Office of Public School Construction (OPSC) received requests for 139 projects from 73 districts worth a total of $443.6 million.  Ms. Silverman reported that she anticipates receiving bond proceeds from the August 29 sale to cover the projects that submitted a certification in the recent filing period.  She stated that the SAB meeting originally scheduled for September 23 has been moved up to September 6, 2017 to take action on the projects that submitted a certification in the recent priority funding round.

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Senator Pat Bates on Selling State Bonds for Schools

Following is a Facebook post from Senator Pat Bates.

Last November, California’s voters authorized the state to sell $9 billion in school construction bonds (Prop. 51). However, the state has only authorized $400 million in 2017. That’s less than 5 percent of what voters approved and is woefully inadequate.

Some of the projects waiting for funds in Orange and San Diego counties date back to 2013. Further delays would mean that some of these projects may not begin for a few more years.

I stand with school officials, teachers and parents throughout the state in asking the Governor’s administration to act with more urgency in regards to these bonds. Click on the link below to learn more.

Why is state being so stingy on school bonds?

Voters approved Proposition 51 last November, authorizing the state to sell $9 billion in school construction bonds. However, the state has only authorized a bond sale for about $400 million in 2017. School officials will rally at the state…

State Allocation Board Update

June 28, 2017

On Wednesday, June 28, the State Allocation Board (SAB) met to hear issues related to actions taken at their meeting on June 5, 2017 (approval of “Option 1”).  Specifically, under Action Items, the agenda included “Regulatory Amendments for Increased Program Accountability” and “Regulatory Amendments for the Financial Hardship Program.” Under Informational Items, the agenda included “School Facility Program Application Processing.”  The following is a summary of each agenda item. Continue reading

CASH Budget Update: Legislature Approves State Budget & Trailer Bills

June 15, 2017

Today, the Legislature passed AB 97, the budget bill for FY 2017-18, meeting the constitutional deadline to pass an on-time budget by June 15, 2017. The Legislature also passed a number of accompanying trailer bills to implement policy changes in the budget. The budget includes $125.1 billion in General Fund spending, including $9.9 billion in total reserves. This is the largest budget reserve in California’s history and is consistent with the Governor’s priority of preparing for the next economic downturn. The budget will now go to the Governor for his signature, or line item veto, if any.

School Finance Budget Trailer Bill – AB 99

School Facility Audit Language – This bill includes new school facility audit language (commencing with changes to Education Code Section 41024) that requires local auditors to include state funded facility projects in the annual school district audit. The audit language includes references to the new fund release grant agreement adopted at the June 5, 2017 State Allocation Board (SAB) meeting. The audit language also includes language on the use of project savings and the process for repaying state funds audit exceptions.

One-Time Discretionary Funding – This bill includes $876.6 million (one-time Proposition 98) for any purpose, including deferred maintenance and capital outlay. This is approximately $145 per average daily attendance.

Emergency Repair Program – This bill includes language that any unencumbered funds in the School Facilities Emergency Repair Account revert to the Proposition 98 Reversion Account. AB 99 extends this encumbrance.

Budget Trailer Bills AB 111 and SB 96 (Anticipate Approval at the Time of Posting)

Proposition 39 – The date for local encumbrance of these funds increases from June 30, 2018 to June 30, 2019.

DSA Filing Fee – The Legislature passed budget trailer bill AB 111, which increases Division of the State Architect (DSA) project filing fees for construction or alteration of school buildings. The fee will increase from 0.7% to 1.25% for the first $1 million in construction costs, and from 0.6% to 1.0% for costs in excess of $1 million. If the balance in the Public School Planning, Design, and Construction Review Revolving Fund exceeds six months of expenditures, the fee will automatically decrease.

Department of Industrial Relations – The Legislature passed budget trailer bill SB 96, which makes changes to the Department of Industrial Relations (DIR) prevailing wage monitoring program, including:

Raises the threshold for the program’s applicability from $1,000 to $25,000 for construction projects and $15,000 for maintenance projects.

  • Increases penalties for contractors and subcontractors who fail to register correctly.
  • Creates new penalties for awarding bodies, including school districts, which would be subject to a fine of up to $100 per day, up to $10,000.
  • An awarding body determined to be a “willful violator” with two program violations within 12 months could lose state facility funding for one year.
  • Increases the annual contractor registration fee from $300 to $400 and permits a contractor to register for multiple years at a time.

The budget also includes $805,000 in 2017-18 and $759,000 in 2018-19 for positions to educate awarding bodies about their requirements under the law.

Additional OPSC Staffing and Bond Sales – We thank Senator Bates for her comments on lack of Proposition 51 progress; however, the budget agreement does not include any additional staff for the Office of Public School Construction (OPSC) nor any proposed increase in the January budget proposal for Proposition 51 state school bond sales.

~ CASH Staff

SAB Takes Action on Upfront Agreement & Beyond Bond Authority Project List

On Monday, June 5, 2017, the State Allocation Board (SAB) took action on two key policy issues that are critical to the implementation of Proposition 51: a) Regulatory Amendments for Increased Program Accountability (template for Upfront Grant Agreement); and, b) School Facility Program (SFP) Applications Received Beyond Bond Authority List (how to proceed with projects on the Acknowledged List). These proposals were originally scheduled to be adopted at the SAB meeting on April 24, 2017, but the action was deferred to a later date due to concerns with the draft prepared by the Office of Public School Construction (OPSC).

Fourteen CASH members testified during the hearing including Chair Don Ulrich (Clovis USD), Vice Chair Julie Arthur (Palm Springs USD), Immediate Past Chair Jenny Hannah (Kern HSD), and board members Rob Pierce (Elk Grove USD) and Alan Reising (Long Beach USD). The following is a summary of the actions that the SAB took on these agenda items:

Upfront Grant Agreement
The SAB voted to approve the Upfront Grant Agreement and conforming regulatory amendments, approved the projects on Attachment #5 for placement on the Unfunded List (Lack of AB 55 Loans), and exempted these projects from the Grant Agreement requirement. CASH and the education community had advocated for changes to the Grant Agreement, which were incorporated in this approval. These changes include:

  • Changes to the eligible expenditures list to expand eligibility of freezers, refrigerators, and exercise equipment.
  • The option of project-specific guidance letters incorporated by reference into the Grant Agreement – allows districts to achieve certainty on unusual project expenditures, ensuring auditors will allow.
  • The Grant Agreement is required at fund release, not as a condition of apportionment.
  • Projects on the True Unfunded List are exempt; the grant agreement still applies to all projects on the Acknowledged List.

The Grant Agreement as adopted includes a significant policy change by making educational technology, including computers and printers, an ineligible expenditure.

Beyond Bond Authority List
After extensive discussion and testimony from CASH board members and members of the education community, the SAB voted to approve “Option 1” which requires new construction projects on the Acknowledged List to re-justify their eligibility for the enrollment year in which the application was processed by OPSC, without losing their place in line. The biggest policy debate of the evening was whether schools should be required to update eligibility, or if projects would be processed with eligibility at the time of submittal. Projects that would no longer be eligible under updated eligibility have the right to submit an appeal to the SAB.

CASH would like to thank our members for their dedication and commitment to qualifying, approving, and now working to implement Proposition 51.

~ CASH Staff

CASH Alert: Encouragement to Attend the June 5, 2017 SAB Meeting

May 26, 2017

On Monday, June 5, 2017, the State Allocation Board (SAB) will meet at 4:00 pm in Room 437 of the State Capitol to consider recommendations on the proposed Grant Agreement, True Unfunded List, and Acknowledged List. Click here to see the CASH letter addressing these proposals.

We encourage you to attend the SAB meeting and speak to your specific concerns about the proposals and how they will affect your school district or client district.

More information will be provided during the CASH Monthly Update Meeting also scheduled for Monday, June 5, 2017, at 11:00 am in the Lower Level Conference Room A at 1130 K Street, Sacramento, CA 95814.

We additionally would like to further encourage you to communicate your concerns directly to your State Senators and Assembly Members. The district draft letter found here, may be a resource in doing so.

~ Tom Duffy

CASH Urgent Action Alert: Letters Needed from School District Members

May 24, 2017

Dear CASH School District Member:

We are writing to request your help in communicating with your representatives in the State Senate and the State Assembly to ask for their direct action to assist us in:

  1. Focusing legislative pressure on the Department of Finance (DOF) to increase school bond sales for matching funds through Proposition 51 in years 2018 and in 2019; and
  2. Communicating to the State Allocation Board (SAB) concerns as to how the Office of Public School Construction (OPSC) and DOF are proposing to treat districts projects negatively that are on the “Acknowledged List.”

Unfortunately, in the May Revision the DOF did not change the state’s plan to sell only $600 million in Proposition 51 bonds between now and June 30, 2018. That rate of bond sales will not even cover the new applications being filed, much less the current $2.4 billion waiting list.

In communicating with your legislative representatives we ask that you cite specific information about your District’s projects waiting for state bond funding, including estimated state bond funding amounts. We request that you speak to the need to increase state bond sale amounts for purposes of funding your projects and the $2.4 billion in the pipeline waiting for funding.

It is important to note here that it has been proposed by OPSC that the SAB consider sending projects on the “Acknowledged List” back to the applicant school districts, thus denying funding to those projects.

To date, there are $2 billion on the “Acknowledged List.” This is a combination of new construction and modernization projects. If your District has projects on the “Acknowledged List” we advise that you specifically identify those projects to your representative and detail the negative impact that the proposed action to deny funding to the “Acknowledged List” will have on your District.

We suggest also that you communicate your concern regarding the proposed OPSC/DOF “grant agreement” that is intended to be applied retroactively to all projects waiting for funding, notwithstanding the fact that contracts have been signed or that projects have been completed and occupied.

The Legislature needs to hear directly from you about the specific harm that the proposed OPSC and DOF actions will have on your district.

Again those proposed actions are:

  1. Limit bond sales;
  2. Reject projects waiting for funding on the “Acknowledged List;” and
  3. Require that a grant agreement is signed for each project retroactively.

Please review the draft letter that you may use to write your own request that the state sells more bonds faster.

Please send your letter to your State Assembly Member and State Senator.

Thank you in advance for your assistance on this matter of importance.

~ Tom Duffy

May CASH Day & SAB Meeting Rescheduled to June 5

May 15, 2017

The May 24 State Allocation Board meeting has been canceled. The next State Allocation Board meeting is scheduled for Monday, June 5 at 4:00 pm at the State Capitol, Room 437.

The CASH Monthly Update and Annual Conference Planning Committee meetings will also be rescheduled for Monday, June 5.

~ CASH Staff

Quarterly Message from the Chair

April 25, 2017

Continuing Our Success

A school building is more than a physical structure providing housing, light, heat, and shelter from the elements; it is the expression of the community’s commitment to education.

– Donald Leu

It is my honor to have been chosen to lead the CASH organization at this critical and exciting time. I would like to thank the CASH Board for showing their faith in me, and particularly our outgoing chair Jenny Hannah. We all know Jenny as a kind and compassionate leader, and we have also learned that she can be relentless in the pursuit of the issue that is the foundation of our organization: that the state of California must be a partner in providing resources for communities to build and maintain schools. Her leadership and effort during the Proposition 51 campaign contributed significantly to its success. Thank you, Jenny, for working in the best interests of the students and teachers of California. You made Middle Earth proud.

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