67500-67504

EDUCATION CODE
SECTION 67500-67504




67500.  The California State University, any community college
district, and the University of California may be reimbursed by the
state for expenditures made for preliminary plans and working
drawings for a capital outlay project, if all of the following
conditions are met:
   (a) The project was authorized in a budget act or other statute
before the preliminary plans and working drawings were prepared.
   (b) Funds for the reimbursement are appropriated by the
Legislature.
   (c) All other applicable procedures were followed by the
California State University, the community college district, or the
University of California in expending the funds. The advance of funds
by the California State University, a community college district, or
the University of California, for preliminary plans and working
drawings, shall be made to promote early completion of a capital
outlay project authorized by the Legislature.



67501.  (a) The University of California may, and the California
State University shall, submit to the Legislature on or before
November 30 of each year a comprehensive five-year capital outlay
plan that includes, but is not limited to, all of the following
information:
   (1) State and nonstate projects proposed for each campus in each
year of the plan, including a discussion of the programmatic bases
for each project.
   (2) An explanation of how each project contributes to
accommodating needs associated with current or projected enrollments
of graduate and undergraduate students, and other needs, and the
rough estimates of the costs of meeting those needs.
   (3) The estimated costs of each project, showing the schedule for
when these funds will be needed, including a schedule of annual
funding needs beyond the five years for those projects for which
completion exceeds the timeframe of the plan and the relative
priority on a campus and statewide basis.
   (4) An explanation of how the plan addresses the Legislature's
intent that the universities annually consider, as part of their
annual capital outlay planning process, the inclusion of facilities
that may be used by more than one segment of public higher education
(intersegmental).
   (5) Description and costs of activities that take place within the
plan's timeframe related to the planning or establishment of new
campuses.
   (b) The California Community Colleges Chancellor's office shall
prepare a five-year capital outlay plan identifying the statewide
needs and priorities of the California Community Colleges. This plan
shall be submitted to the Legislature on or before November 30 of
each year. It is the intent of the Legislature not to consider any
community college capital outlay project that is not included in the
statewide five-year plan submitted to the Legislature. The five-year
capital outlay plan shall include, but not be limited to, all of the
following information:
   (1) Enrollment projections for each community college district.
   (2) Projects proposed for each campus in each year of the plan.
   (3) The estimated costs of each project, showing the schedule for
when these funds will be needed and the relative priority on a
statewide basis.
   (4) An explanation of the Chancellor's office priorities and
methodology for selecting projects for state capital outlay funding.
   (5) An explanation of the Chancellor's office methodology for
calculating unmet capital outlay needs for the community college
system.
   (6) An explanation of how the plan addresses the Legislature's
intent that the community colleges annually consider, as part of
their annual capital outlay planning process, the inclusion of
facilities that may be used by more than one segment of public higher
education (intersegmental).
   (c) The plans for the University of California, the California
State University, and the California Community Colleges shall be
updated annually, taking into consideration evolving circumstances in
the planning process of the institutions. The Legislature recognizes
that the annual plan is a flexible, working document subject to the
evolutionary change inherent in the planning process. The plan shall
be designed to reflect project data changes on a year-to-year basis,
and the inclusion of a project in the plan does not guarantee its
viability. It is further the intent of the Legislature that the
project planning guides or capital outlay budget change proposals
submitted for each state-funded project proposed for inclusion in the
first year of the plan specify both of the following:
   (1) How each project meets needs for different types of space,
including, but not limited to, classrooms, teaching laboratories,
research laboratories, and faculty offices.
   (2) The direct and indirect project costs associated with the
different types of space.



67502.  (a) On or before November 1 of each year, the Regents of the
University of California are requested to provide to the Joint
Legislative Budget Committee and the Department of Finance a summary
of all instructional and research space in the university system. The
summary shall consist of campus-by-campus data indicating existing
space available to each department of instruction and research,
including a seven-year projection of space needs for departments of
instruction and research. The data shall include, but not be limited
to, classrooms, upper and lower division class laboratories, teaching
assistant offices, and faculty offices. The summary shall correlate
assignable square foot capacities to full-time equivalent student
enrollments and faculty positions for both existing space and
projected space needs.
   (b) On or before November 1 of each year, the California State
University shall provide to the Joint Legislative Budget Committee
and the Department of Finance a summary of all instructional and
faculty office space in the university system. The summary shall
consist of campus-by-campus data indicating existing instructional
space available including a seven-year projection of space needs for
instruction and faculty offices. The data shall include, but not be
limited to, classrooms, upper and lower division class laboratories,
teaching assistant offices, and faculty offices. The summary shall
correlate assignable square foot capacities to full-time equivalent
student enrollments and faculty positions for both existing space and
projected space needs.


67503.  (a) On or before November 1, 2010, and at least biennially
thereafter, the University of California is requested to, and the
California State University shall, report on the utilization of
classrooms and teaching laboratories. The report shall include for
each campus in their respective system the total number of rooms,
number of stations, weekly student contact hours, and weekly station
hours. The report shall also include the average weekly hours of
station use and actual utilization as a percentage of the utilization
standard.
   (b) On or before November 1, 2010, and at least biennially
thereafter, the Office of the Chancellor of the California Community
Colleges shall report on the utilization of classrooms and teaching
laboratories. The report shall include, for each college, the total
number of rooms, number of stations, weekly student contact hours,
average weekly student contact hours per station, and actual
utilization as a percentage of the utilization standard.



67504.  (a) (1) The Legislature finds and declares that based on
academic goals and projected enrollment levels, each University of
California campus and medical center periodically develops a Long
Range Development Plan (LRDP) that guides its physical development,
including land use designations, the location of buildings, and
infrastructure systems, for an established time horizon.
   (2) In order to ensure greater legislative oversight over the
process used by the University of California to prepare and implement
each plan, including the accompanying Environmental Impact Report
(EIR), at the time draft LRDPs and draft LRDP EIRs are submitted for
public review, the university is requested to provide the Legislature
with summaries of the draft LRDPs and LRDP EIRs to the Joint
Legislative Budget Committee. The summaries shall also be available
on the university Internet Web site.
   (b) (1) The Legislature further finds and declares that the
expansion of campus enrollment and facilities may negatively affect
the surrounding environment. Consistent with the requirements of the
California Environmental Quality Act (CEQA), it is the intent of the
Legislature that the University of California sufficiently mitigate
significant off-campus impacts related to campus growth and
development.
   (2) On or before March 1 of each year from 2010 to 2012,
inclusive, the University of California is requested to report for
each campus on the status of implementation, including the
implementation dates where applicable, of mitigation measures for
significant off-campus impacts identified consistent with the
requirements of CEQA, including those that require fair share
payments to local agencies. The report shall identify the status of
fair share mitigation agreements with and payments to local agencies
for mitigation of off-campus impacts that are required in certified
EIRs. The report should also list any monetary or equivalent in-kind
payments to local agencies made by the campuses for the mitigation of
off-campus impacts that do not involve fair share language in CEQA
documents and that have been implemented under other arrangements.
For those significant off-campus impacts that have been triggered but
have not been sufficiently mitigated, the university shall report on
the additional steps that are being taken to reach a resolution.
   (c) (1) The Legislature finds and declares that each California
State University campus periodically develops a physical master plan
to guide the future development of their facilities, based on
academic goals and projected student enrollment levels, for an
established time horizon.
   (2) In order to ensure greater legislative oversight over the
process used by the California State University to prepare and
implement each plan, including the accompanying Environmental Impact
Report (EIR), at the time a draft physical master plan and the
accompanying draft EIR are submitted for public review, the
university shall provide summaries of these documents to the Joint
Legislative Budget Committee. The summaries shall also be available
on the university Internet Web site.
   (d) (1) The Legislature further finds and declares that the
expansion of campus enrollment and facilities may negatively affect
the surrounding environment. In view of the case City of Marina v.
the Board of Trustees of the California State University (2006) 639
Cal.4th 341, it is the intent of the Legislature that the California
State University take steps to reach agreements with local public
agencies regarding the mitigation of off-campus impacts related to
campus growth and development.
   (2) On or before March 1 of each year from 2010 to 2012,
inclusive, the California State University shall report by campus on
the status of any negotiations with local agencies for mitigation
measures for significant off-campus impacts identified consistent
with the requirements of CEQA, including implementation dates where
applicable. For each impact, this report shall identify whether an
agreement has been reached with local agencies. The report shall also
list any monetary and nonmonetary in-kind payments made by the
campus for the mitigation of off-campus impacts identified as
unavoidable in the certified EIRs. For those impacts for which there
is no agreement, the university shall explain what steps were taken
and if any additional steps will be taken to reach an agreement.