Arizona 2022 2022 Regular Session

Arizona House Bill HB2352 Comm Sub / Analysis

Filed 03/18/2022

                    Assigned to ED 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
FACT SHEET FOR H.B. 2352 
 
school facilities oversight board; continuation 
Purpose 
Continues the School Facilities Oversight Board (SFOB) for three years. 
Background 
In 2021, the Legislature transferred the School Facilities Board's duties to the  
newly-established Division of School Facilities (Division) and SFOB within the Arizona 
Department of Administration (ADOA) (Laws 2021, Chapter 404). The SFOB must: 1) review 
and approve student school district population projections to determine New School Facilities 
Fund distributions; 2) certify that new school facilities plans meet building adequacy standards;  
3) approve or reject school district requests to reduce pupil square footage; 4) adopt minimum 
facility adequacy guidelines for the Arizona Schools for the Deaf and Blind; 5) administer the 
Lease-To-Own Fund; 6) review the Division's polices for administering the Emergency 
Deficiencies Correction Fund and the Building Renewal Grant Fund; and 7) report as outlined 
regarding the SFOB's actions. The SFOB may authorize revenue bonds for outlined expenses 
(A.R.S. §§ 41-5702; 41-5703; 41-5721; and 41-5731). 
The SFOB consists of seven Governor-appointed members who serve four-year terms and 
the Superintendent of Public Instruction and Director of the ADOA serving as nonvoting advisory 
members. SFOB membership includes two members who are owners or officers of a private 
construction company, who have experience in constructing large buildings and whose businesses 
do not include school construction and: 1) one representative of a statewide organization of 
taxpayers; 2) one registered professional architect; 3) one registered professional engineer; 4) one 
person with experience in public school facilities management; and 5) one representative of the 
business community (A.R.S. § 41-5701.02). 
The House Education Committee of Reference and Senate Education Committee of 
Reference (COR) held a public meeting on Tuesday, January 11, 2022, to review the performance 
audit and sunset review conducted by the Office of the Auditor General, evaluate the SFOB's 
response to the sunset factors and receive public testimony. The COR recommended that the SFOB 
be continued for three years until July 1, 2025 (COR Report). The SFOB terminates on July 1, 
2022, unless continued by the Legislature (A.R.S. § 41-3022.18). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
Provisions 
1. Continues, retroactive to July 1, 2022, the SFOB until July 1, 2025.  FACT SHEET 
H.B. 2352  
Page 2 
 
 
2. Repeals the SFOB on January 1, 2026, if: 
a) the SFOB has no outstanding state school facilities revenue bonds, state school 
improvement revenue bonds and lease-to-own transactions; or 
b) the Legislature has otherwise provided for paying or retiring any outstanding state school 
facilities revenue bonds, state school improvement revenue bonds and lease-to-own 
transactions.  
3. Repeals the SFOB, if neither of the conditions relating to outstanding revenue bonds and lease-
to-own transactions are met by January 1, 2026, 30 days after the retirement of all revenue 
bonds and any outstanding lease-to-own transactions. 
4. Contains a purpose statement.  
5. Becomes effective on the general effective date, with a retroactive provision as noted.  
House Action 
ED 2/1/22 DP 10-0-0-0 
3
rd
 Read 2/10/22  56-0-4 
Prepared by Senate Research 
March 18, 2022 
LB/MS/slp