California Assembly Bill AB1248

California 2021-2022 Regular Session

• Introduced: 2/19/21
• Refer: 3/4/21
• Failed: 2/1/22

Caption

School facilities: leasing property.

Impact

The Bill modifies the existing provisions that required leasing agreements to be awarded based on a competitive solicitation process and were due to become inoperative in 2022. Under AB1248, these provisions would instead remain in effect until July 1, 2027, and be repealed as of January 1, 2028. This extension allows school districts to benefit from a more systematic approach to property leasing that balances urgency for school facilities with the need for accountability in how properties are developed.

Summary

Assembly Bill 1248, introduced by Assembly Member O'Donnell, seeks to amend Section 17406 of the Education Code concerning school facilities and leasing practices. The bill allows school districts to lease real property for a nominal fee of $1 per year, provided the lessee constructs a building for school use and ensures the title to the building vests in the school district at the end of the lease. This stipulation aims to facilitate the development of necessary facilities by reducing initial financial barriers for school districts and encouraging partnerships with private entities.

Contention

There could be contention surrounding this bill, particularly regarding how it affects local control and the competitive bidding process. Supporters argue that it streamlines the leasing process and encourages development that would benefit school facilities, while opponents may be concerned about transparency and fairness. The changes may influence the ability of school districts to seek competitive proposals effectively, which is critical in ensuring that taxpayers receive the best value for public funds invested in school infrastructure.