GOVERNOR'S VETO

GV Bill Id:AB 1578

Author:(Luz Rivas)

As Enrolled Ver:September 18, 2019

2/3 vote

SUMMARY:

Establishes the School Pavement to Parks Grant Program. Specifically, this bill:

1. Specifies that the purpose of the program is to enable schools located in disadvantaged and low-income communities (low-income areas disproportionately affected by environmental pollution) with no or minimal green space at schoolsites to convert existing pavement to green space. Requires the green space to include a garden and a gardening education program that incorporates science, mathematics, and literacy.
2. Requires the Natural Resources Agency to establish processes and procedures for the allocation of grants, including maximum amount for each grant, eligible uses of grant, and reporting requirements. Specifies that priority for funding shall be for schools with higher number of pupils who are eligible for free or reduced-price meals, and where a majority of the playground at the schoolsite consists of pavement.
3. Specifies that the grants provided by the Natural Resources Agency are contingent upon appropriation of funds in the annual Budget Act or another statute.

The Senate Amendments:

1. Change the administration of the program from the California Department of Education (CDE) to the Natural Resources Agency.
2. Expand eligibility of the grant program to low-income communities.
3. Strike as a priority for funding applicants with schools located in areas with the worst air quality.
4. Add the benefits of shade trees in the findings and declarations section of the bill.

Add a co-author.

Governor's Veto Message:

This bill would require the Natural Resources Agency to develop and implement community parks access grant programs.

While I support an integrated and cohesive effort to make parks and greenspaces accessible to all throughout our State, and to that end signed Assembly Bill 209, I cannot support the creation of these stand-alone grant programs.

COMMENTS:

Background. Existing law encourages schools to establish school garden programs. School garden programs have many functions and benefits. In addition to being an instructional program, school garden programs can supply produce for a school's meal program and teach kids the benefits of making healthier food choices such as fresh fruits and vegetables. Garden programs also provide an opportunity to teach composting.

In 2006, AB 1535 (Nunez), Chapter 427, Statutes of 2006, provided $15 million for a grant program administered by the State Superintendent of Public Instruction. Kindergarten through grade 8 schoolsites were eligible to receive a maximum of $2,500 and high schools were eligible to receive a maximum of $5,000. Funds were used for instructional school garden equipment or supplies and professional development for teachers, garden volunteers and food service staff. According to the CDE, approximately 3,500 schoolsites received grants.

Existing law also requires a local governing board to evaluate methods for coordinating and planning new schoolsites and parks in the community. Many new schools are now constructed adjacent to a city park.

Benefits of green space in areas with pollution. Environmental health scientists promote the use of green environments to improve air quality and public health. According to the University of Washington's Green Cities: Good Health website, "vegetation and trees, in particular, can act as natural filters for both gases and particulate matter in urban environments." Researchers also link the availability of green space with improved health through physical activity and healthy food from gardens.

According to the Author:

"Children in low income communities deserve access to quality parks. Because school children in disadvantaged communities already suffer from poor air quality, often live in food deserts, and lack the financial resources to travel to green spaces, many are unable to enjoy basic experiences with nature and growing healthy food. AB 1578 will bring nature to children and make it an educational, joyful, and integral part of their daily learning by creating a Pavement to Parks Program."

Arguments in Support:

A number of organizations writing in support of the bill state, "Green schoolyards provide students a safe place to improve their physical and social-emotional health. Recent research indicates that students move more after campus greening, providing an important co-benefit of schoolyard renovations. Furthermore, green schoolyards have been shown to foster creativity and reduce stress and incidences of aggression. Again, in many disadvantaged communities, public schools not only serve the public, but also are the only place that children play."

Arguments in Opposition:

None received.

FISCAL COMMENTS:

According to the Senate Appropriations Committee:

1. While the bill's provisions are contingent upon an appropriation, it would create unknown cost pressure, potentially in the millions of dollars on a one-time basis, to fund the new grant program. The bill provides that grant recipients shall provide a dollar-for-dollar local match, so school districts that elect to participate would incur similar costs at the local level.
2. If the program were to be funded, this bill could create additional General Fund costs for the Natural Resources Agency to administer the grant program. A precise amount is unknown, but assuming four to five percent of a program funding level of $10 million, the administrative costs would be about $400,000 or $500,000.

VOTES:

ASM EDUCATION: 7-0-0

YES: O'Donnell, Kiley, Kalra, McCarty, Smith, Voepel, Weber

ASM APPROPRIATIONS: 17-1-0

YES: Gonzalez, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow

ASSEMBLY FLOOR: 74-1-5

YES: Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO: Bigelow

ABS, ABST OR NV: Aguiar-Curry, Cooley, Gallagher, Eduardo Garcia, Melendez

SENATE FLOOR: 37-2-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Moorlach, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

NO: Morrell, Nielsen

ABS, ABST OR NV: Jones

ASSEMBLY FLOOR: 69-3-7

YES: Arambula, Bauer-Kahan, Bloom, Boerner Horvath, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Voepel, Waldron, Weber, Rendon

NO: Aguiar-Curry, Bigelow, Melendez

ABS, ABST OR NV: Berman, Bonta, Grayson, Mullin, Ting, Wicks, Wood

UPDATED:

VERSION: September 18, 2019

CONSULTANT: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0002570

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1578

Author:(Luz Rivas)

As Amended Ver:August 30, 2019

Majority vote

SUMMARY:

Establishes the School Pavement to Parks Grant Program.

Major Provisions:

Specifically, this bill:

1. Specifies that the purpose of the program is to enable schools located in disadvantaged and low-income communities (low-income areas disproportionately affected by environmental pollution) with no or minimal green space at schoolsites to convert existing pavement to green space. Requires the green space to include a garden and a gardening education program that incorporates science, mathematics, and literacy.
2. Requires the Natural Resources Agency to establish processes and procedures for the allocation of grants, including maximum amount for each grant, eligible uses of grant, and reporting requirements. Specifies that priority for funding shall be for schools with higher number of pupils who are eligible for free or reduced-price meals, and where a majority of the playground at the schoolsite consists of pavement.
3. Specifies that the grants provided by the Natural Resources Agency are contingent upon appropriation of funds in the annual Budget Act or another statute.

The Senate Amendments:

1. Change the administration of the program from the California Department of Education (CDE) to the Natural Resources Agency.
2. Expand eligibility of the grant program to low-income communities.
3. Strike as a priority for funding applicants with schools located in areas with the worst air quality.
4. Add the benefits of shade trees in the findings and declarations section of the bill.
5. Add a co-author.

COMMENTS:

Background. Existing law encourages schools to establish school garden programs. School garden programs have many functions and benefits. In addition to being an instructional program, school garden programs can supply produce for a school's meal program and teach kids the benefits of making healthier food choices such as fresh fruits and vegetables. Garden programs also provide an opportunity to teach composting.

In 2006, AB 1535 (Nunez), Chapter 427, provided $15 million for a grant program administered by the State Superintendent of Public Instruction. Kindergarten through grade 8 schoolsites were eligible to receive a maximum of $2,500 and high schools were eligible to receive a maximum of $5,000. Funds were used for instructional school garden equipment or supplies and professional development for teachers, garden volunteers and food service staff. According to the CDE, approximately 3,500 schoolsites received grants.

Existing law also requires a local governing board to evaluate methods for coordinating and planning new schoolsites and parks in the community. Many new schools are now constructed adjacent to a city park.

Benefits of green space in areas with pollution. Environmental health scientists promote the use of green environments to improve air quality and public health. According to the University of Washington's Green Cities: Good Health website, "vegetation and trees, in particular, can act as natural filters for both gases and particulate matter in urban environments." Researchers also link the availability of green space with improved health through physical activity and healthy food from gardens.

According to the Author:

"Children in low income communities deserve access to quality parks. Because school children in disadvantaged communities already suffer from poor air quality, often live in food deserts, and lack the financial resources to travel to green spaces, many are unable to enjoy basic experiences with nature and growing healthy food. AB 1578 will bring nature to children and make it an educational, joyful, and integral part of their daily learning by creating a Pavement to Parks Program."

Arguments in Support:

A number of organizations writing in support of the bill state, "Green schoolyards provide students a safe place to improve their physical and social-emotional health. Recent research indicates that students move more after campus greening, providing an important co-benefit of schoolyard renovations. Furthermore, green schoolyards have been shown to foster creativity and reduce stress and incidences of aggression. Again, in many disadvantaged communities, public schools not only serve the public, but also are the only place that children play."

Arguments in Opposition:

None received.

FISCAL COMMENTS:

According to the Senate Appropriations Committee:

1. While the bill's provisions are contingent upon an appropriation, it would create unknown cost pressure, potentially in the millions of dollars on a one-time basis, to fund the new grant program. The bill provides that grant recipients shall provide a dollar-for-dollar local match, so school districts that elect to participate would incur similar costs at the local level.
2. If the program were to be funded, this bill could create additional General Fund costs for the Natural Resources Agency to administer the grant program. A precise amount is unknown, but assuming four to five percent of a program funding level of $10 million, the administrative costs would be about $400,000 or $500,000.

VOTES:

ASM EDUCATION: 7-0-0

YES: O'Donnell, Kiley, Kalra, McCarty, Smith, Voepel, Weber

ASM APPROPRIATIONS: 17-1-0

YES: Gonzalez, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow

ASSEMBLY FLOOR: 74-1-5

YES: Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO: Bigelow

ABS, ABST OR NV: Aguiar-Curry, Cooley, Gallagher, Eduardo Garcia, Melendez

SENATE FLOOR: 37-2-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Moorlach, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

NO: Morrell, Nielsen

ABS, ABST OR NV: Jones

UPDATED:

VERSION: August 30, 2019

CONSULTANT: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0001735

 THIRD READING  

Bill No: AB 1578

Author: Luz Rivas (D), et al.

Amended: 8/30/19 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 7/3/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Wieckowski

NOES: Jones

ASSEMBLY FLOOR: 74-1, 5/29/19 - See last page for vote

SUBJECT: School Pavement to Parks Grant Program

SOURCE: Author

DIGEST:

This bill establishes the School Pavement to Parks Grant Program to assist schools located in disadvantaged communities to convert existing pavement to green space.

ANALYSIS:

Existing law:

1. Requires the governing board of any school district to meet with appropriate local government recreation and park authorities to review all possible methods of coordinating planning, design, and construction of new school facilities and schoolsites or major additions to existing school facilities and recreation and park facilities in the community.

2) Finds and declares that school gardens provide an interactive, hands-on learning environment in which pupils learn composting and waste management techniques, fundamental concepts about nutrition and obesity prevention, and the cultural and historical aspects of our food supply. School gardens also foster a better understanding and appreciation of where food comes from, how food travels from the farm to the table, and the important role of agriculture in the state, national, and global economy.

3) Establishes the Instructional School Gardens Program, administered by the California Department Education (CDE) for the promotion, creation, and support of instructional school gardens through the allocation of grants, and through technical assistance provided, to school districts, charter schools, or county offices of education.

4) Prohibits a local governing board from setting a school located on land that was previously a hazardous waste disposal site, that contains pipelines that carry hazardous substances, or that is near an airport runway or freeway, other busy traffic corridors and railyards that have the potential to expose students and school staff to hazardous air emissions.

5) Requires the California Environmental Protection Agency to identify disadvantaged communities for investment opportunities. Requires these communities to be identified based on geographic, socioeconomic, public health, and environmental hazard criteria, and may include, but are not limited to, either of the following:

1. Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation.
2. Areas with concentrations of people that are of low income, high unemployment, low levels of homeownership, high rent burden, sensitive populations, or low levels of educational attainment.

This bill:

1. Establishes the School Pavement to Parks Grant Program with the purpose of enabling schools located in disadvantaged communities or low-income communities with no or minimal green space at schoolsites to convert existing pavement to green space.
2. Specifies that green space includes, but is not limited to, a garden used to implement a gardening education program that incorporates science, mathematics, and literacy for hands-on outdoor learning at schoolsites.
3. Requires applicants to provide a dollar-for-dollar local match for grant funding received under the program.
4. Requires the CDE to establish processes and procedures for the allocation of grants under the program, including at least all of the following:
   1. The process and timeline for applying and awarding grants.
   2. The maximum amount for each grant.
   3. Eligible uses of grants.
   4. Reporting requirements.
   5. Verification that approval from the Division of State Architect has been received, if necessary.
5. Specifies that priority for funding be based on the following:
   1. The number of pupils who are eligible for free or reduced-price meals at schools for which an applicant has applied for grants.
   2. Applicants applying for a school where all, or a majority of, the playground at the schoolsite consists of pavement.
6. Requires applicants for schools with no or limited access to green space located in disadvantaged communities to receive priority for funding.
7. Requires each applicant to include the following information in its application:
   1. The school or schools for which it is applying for grants.
   2. The percentage of the school or schools’ playground that consists of pavement.
   3. The percentage of the school or schools’ pupils who are eligible for free or reduced-price meals.
   4. The amount of pavement the applicant seeks to convert to green space.
   5. A description of how the grants will be used.
   6. Demonstration of both of the following:
      1. A commitment to maintaining the green space long term.
      2. That sufficient space remains for purposes of existing and future school activities on pavement.

Comments

1. Need for the bill. The author states that in Los Angeles, there are 1,629,450 low income individuals that are susceptible to health issues due to poor air quality. According to a recent study by the Proceedings of the National Academy of Sciences, African Americans and Latino minorities “bear a disproportionate burden from the air pollution caused mainly by non-Hispanic whites.” This recently published research “quantifies for the first time the racial gap between who causes air pollution – and who breathes it.” The data indicates that even though minorities are “contributing less to the overall issue of air pollution, they are affected by it more.”

The City Project recently completed a study which highlights that “children of color disproportionately live in communities of concentrated poverty without enough places to play in parks and schools, and without access to cars or an adequate transit system to reach parks and school fields in other neighborhoods.” On a nationwide basis, “48 percent of Latino children and 39 percent of African American children in urban areas were kept inside as much as possible because their neighborhoods were perceived as dangerous.”

Children are also more vulnerable to air pollution than adults. The health impacts associated with poor air include: reduced lung size and function, respiratory illnesses (such as asthma and bronchitis), emphysema, and even some types of cancer. Creating green space not only helps increase urban greening, it helps improve public health.”

1. Previous Instructional School Garden Program. AB 1535 (Núñez, Chapter 437, Statutes of 2006) provided $15 million for grants to school districts, county offices of education, and charter schools for the development of instructional school gardens.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• While the bill’s provisions are contingent upon an appropriation, it would create unknown Proposition 98 General Fund cost pressure, potentially in the millions of dollars on a one-time basis, to fund the new grant program. The bill provides that grant recipients shall provide a dollar-for-dollar local match, so school districts that elect to participate would incur similar costs at the local level.
• If the program were to be funded, this bill would create additional, unknown General Fund costs for CDE to administer the grant program. A precise amount would depend on the size of the program, but assuming four to five percent of a program with a funding level of $10 million, the administrative costs could be about $400,000 or $500,000.

SUPPORT: (Verified 8/30/19)

Audubon California
California Association of Black School Educators
California Council of Land Trusts
California Environmental Justice Alliance
California League of Conservation Voters
California ReLeaf
California State Parks Foundation
Center for Climate Change & Health
Children & Nature Network
Community Nature Connection
Compton Unified School District
Courage Campaign
Eric Garcetti, Mayor Of Los Angeles
Friends of the Los Angeles River
From Lot to Spot
Long Beach Gray Panthers
Los Angeles Neighborhood Land Trust
Oakland Unified School District
Pacoima Beautiful
Political Solutions
Rose Foundation for Communities and the Environment
Safe Routes to School
San Francisco Unified School District
Sierra Club California
The Hellman Foundation
Trust for Public Land
The Watershed Project
The Trust for Public Land
Union of Concerned Scientists

OPPOSITION: (Verified 8/30/19)

None received

ASSEMBLY FLOOR: 74-1, 5/29/19

AYES: Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NOES: Bigelow

NO VOTE RECORDED: Aguiar-Curry, Cooley, Gallagher, Eduardo Garcia, Melendez

Prepared by: Ian Johnson / ED. /

9/3/19 9:03:46

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 1578 (Luz Rivas) - School Pavement to Parks Grant Program

Bill Summary:

This bill would establish the School Pavement to Parks Grant Program to assist schools located in disadvantaged communities to convert existing pavement to green space, to be administered by the California Department of Education (CDE).

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 30, 2019

Fiscal Impact:

• While the bill’s provisions are contingent upon an appropriation, it would create unknown cost pressure, potentially in the millions of dollars on a one-time basis, to fund the new grant program. The bill provides that grant recipients shall provide a dollar-for-dollar local match, so school districts that elect to participate would incur similar costs at the local level.
• If the program were to be funded, this bill could create additional General Fund costs for the Natural Resources Agency to administer the grant program. A precise amount is unknown, but assuming four to five percent of a program funding level of $10 million, the administrative costs would be about $400,000 or $500,000.

Author Amendments:

Provide that the program shall be administered by the Natural Resources Agency rather than the CDE.

Committee Amendments:

Make the program contingent upon an appropriation.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 1578 (Luz Rivas) - School Pavement to Parks Grant Program

Bill Summary:

This bill would establish the School Pavement to Parks Grant Program to assist schools located in disadvantaged communities to convert existing pavement to green space, to be administered by the California Department of Education (CDE).

Fiscal Impact:

• While the bill’s provisions are contingent upon an appropriation, it would create unknown Proposition 98 General Fund cost pressure, potentially in the millions of dollars on a one-time basis, to fund the new grant program. The bill provides that grant recipients shall provide a dollar-for-dollar local match, so school districts that elect to participate would incur similar costs at the local level.
• If the program were to be funded, this bill would create additional, unknown General Fund costs for CDE to administer the grant program. A precise amount would depend on the size of the program, but assuming four to five percent of a program with a funding level of $10 million, the administrative costs could be about $400,000 or $500,000.

Background:

Existing law requires the governing board of any school district to meet with appropriate local government recreation and park authorities to review all possible methods of coordinating planning, design, and construction of new school facilities and schoolsites or major additions to existing school facilities and recreation and park facilities in the community.

Exisiting law finds and declares that school gardens provide an interactive, hands-on learning environment in which pupils learn composting and waste management techniques, fundamental concepts about nutrition and obesity prevention, and the cultural and historical aspects of our food supply. School gardens also foster a better understanding and appreciation of where food comes from, how food travels from the farm to the table, and the important role of agriculture in the state, national, and global economy.

Existing law establishes the Instructional School Gardens Program, administered by the CDE for the promotion, creation, and support of instructional school gardens through the allocation of grants, and through technical assistance provided, to school districts, charter schools, or county offices of education.

Proposed Law:

This bill establishes the School Pavement to Parks Grant Program with the purpose of enabling schools located in disadvantaged communities or low-income communities with no or minimal green space at schoolsites to convert existing pavement to green space.

This bill specifies that green space includes, but is not limited to, a garden used to implement a gardening education program that incorporates science, mathematics, and literacy for hands-on outdoor learning at schoolsites.

This bill requires applicants to provide a dollar-for-dollar local match for grant funding received under the program.

This bill requires the CDE to establish processes and procedures for the allocation of grants under the program, including the process and timeline for applying and awarding grants, the maximum amount for each grant, and eligible uses of grants. The bill specifies that priority for funding be based on applicants with schools located in areas with the worst air quality, the number of pupils who are eligible for free or reduced-price meals at schools for which an applicant has applied for grants, and applicants applying for a school where all, or a majority of, the playground at the schoolsite consists of pavement.

This bill requires applicants for schools with no or limited access to green space or poor air quality located in disadvantaged communities to receive priority for funding, and requires each applicant to include specified information in its application.

Related Legislation:

AB 1535 (Núñez), Chapter 437, Statutes of 2006, provided $15 million for grants to school districts, county offices of education, and charter schools for the development of instructional school gardens.

Proposed Author Amendments:

Establish the School Pavement to Parks Grant Program under the administration of the Natural Resources Agency and provide that the grants would be funded from existing moneys for which the grant program qualifies for funding.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: AB 1578 Hearing Date: July 3, 2019

Subject: School Pavement to Parks Grant Program.

SUMMARY

This bill would establish the School Pavement to Parks Grant Program to assist schools located in disadvantaged communities to convert existing pavement to green space.

BACKGROUND

Existing law:

1. Requires the governing board of any school district to meet with appropriate local government recreation and park authorities to review all possible methods of coordinating planning, design, and construction of new school facilities and schoolsites or major additions to existing school facilities and recreation and park facilities in the community.

2) Finds and declares that school gardens provide an interactive, hands-on learning environment in which pupils learn composting and waste management techniques, fundamental concepts about nutrition and obesity prevention, and the cultural and historical aspects of our food supply. School gardens also foster a better understanding and appreciation of where food comes from, how food travels from the farm to the table, and the important role of agriculture in the state, national, and global economy.

3) Establishes the Instructional School Gardens Program, administered by the California Department Education (CDE) for the promotion, creation, and support of instructional school gardens through the allocation of grants, and through technical assistance provided, to school districts, charter schools, or county offices of education.

4) Prohibits a local governing board from setting a school located on land that was previously a hazardous waste disposal site, that contains pipelines that carry hazardous substances, or that is near an airport runway or freeway, other busy traffic corridors and railyards that have the potential to expose students and school staff to hazardous air emissions.

5) Requires the California Environmental Protection Agency (CalEPA) to identify disadvantaged communities for investment opportunities. Requires these communities to be identified based on geographic, socioeconomic, public health, and environmental hazard criteria, and may include, but are not limited to, either of the following:

1. Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation.
2. Areas with concentrations of people that are of low income, high unemployment, low levels of homeownership, high rent burden, sensitive populations, or low levels of educational attainment.

ANALYSIS

This bill:

1. Establishes the School Pavement to Parks Grant Program with the purpose of enabling schools located in disadvantaged communities or low-income communities with no or minimal green space at schoolsites to convert existing pavement to green space.
2. Specifies that green space includes, but is not limited to, a garden used to implement a gardening education program that incorporates science, mathematics, and literacy for hands-on outdoor learning at schoolsites.
3. Requires applicants to provide a dollar-for-dollar local match for grant funding received under the program.
4. Requires the CDE to establish processes and procedures for the allocation of grants under the program, including at least all of the following:
   1. The process and timeline for applying and awarding grants.
   2. The maximum amount for each grant.
   3. Eligible uses of grants.
   4. Reporting requirements.
   5. Verification that approval from the Division of State Architect (DSA) has been received, if necessary.
5. Specifies that priority for funding be based on the following:
   1. Applicants with schools located in areas with the worst air quality.
   2. The number of pupils who are eligible for free or reduced-price meals at schools for which an applicant has applied for grants.
   3. Applicants applying for a school where all, or a majority of, the playground at the schoolsite consists of pavement.
6. Requires applicants for schools with no or limited access to green space or poor air quality located in disadvantaged communities to receive priority for funding.
7. Requires each applicant to include the following information in its application:
   1. The school or schools for which it is applying for grants.
   2. The percentage of the school or schools’ playground that consists of pavement.
   3. The percentage of the school or schools’ pupils who are eligible for free or reduced-price meals.
   4. The amount of pavement the applicant seeks to convert to green space.
   5. A description of how the grants will be used.
   6. Demonstration of both of the following:
      1. A commitment to maintaining the green space long term.
      2. That sufficient space remains for purposes of existing and future school activities on pavement.

STAFF COMMENTS

1. Need for the bill. The author states that in Los Angeles, there are 1,629,450 low income individuals that are susceptible to health issues due to poor air quality. According to a recent study by the Proceedings of the National Academy of Sciences, African Americans and Latino minorities “bear a disproportionate burden from the air pollution caused mainly by non-Hispanic whites.” This recently published research “quantifies for the first time the racial gap between who causes air pollution – and who breathes it.” The data indicates that even though minorities are “contributing less to the overall issue of air pollution, they are affected by it more.”

The City Project recently completed a study which highlights that “children of color disproportionately live in communities of concentrated poverty without enough places to play in parks and schools, and without access to cars or an adequate transit system to reach parks and school fields in other neighborhoods.” On a nationwide basis, “48 percent of Latino children and 39 percent of African American children in urban areas were kept inside as much as possible because their neighborhoods were perceived as dangerous.”

Children are also more vulnerable to air pollution than adults. The health impacts associated with poor air include: reduced lung size and function, respiratory illnesses (such as asthma and bronchitis), emphysema, and even some types of cancer. Creating green space not only helps increase urban greening, it helps improve public health.”

1. Previous Instructional School Garden Program. AB 1535 (Núñez), Chapter 437, Statutes of 2006, provided $15 million for grants to school districts, county offices of education, and charter schools for the development of instructional school gardens.
2. Fiscal impact. According to the Assembly Appropriations Committee, this bill would have the following fiscal impact:
   1. Unknown one-time Proposition 98 General Fund cost pressures to provide an appropriation for the grant program.
   2. Unknown General Fund costs for the CDE to administer the program. Costs would depend on the size of the appropriation for the grants. CDE likely would need one or two employees to develop the grant, evaluate applications and award grants.
   3. Minor costs to a school district that receives a request from a school in its district to participate in the grant program to inform the school that it has received the request. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to school districts or provide funding through the K-12 Mandate Block Grant.
3. Arguments in support. A number of organizations writing in support of the bill state, "Green schoolyards provide students a safe place to improve their physical and social-emotional health. Recent research indicates that students move more after campus greening, providing an important co-benefit of schoolyard renovations. Furthermore, green schoolyards have been shown to foster creativity and reduce stress and incidences of aggression. Again, in many disadvantaged communities, public schools not only serve the public, but also are the only place that children play."

SUPPORT

Audubon California
California Association of Black School Educators
California Council of Land Trusts
California Environmental Justice Alliance
California League of Conservation Voters
California ReLeaf
California State Parks Foundation
Center for Climate Change & Health
Children & Nature Network
Community Nature Connection
Compton Unified School District
Courage Campaign
Eric Garcetti, Mayor Of Los Angeles
Friends of the Los Angeles River
From Lot to Spot
Long Beach Gray Panthers
Los Angeles Neighborhood Land Trust
Oakland Unified School District
Pacoima Beautiful
Political Solutions
Rose Foundation for Communities and the Environment
Safe Routes to School
San Francisco Unified School District
Sierra Club California
The Hellman Foundation
Trust for Public Land
The Watershed Project
The Trust for Public Land
Union of Concerned Scientists

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1578

Author:(Luz Rivas)

As Amended Ver:May 17, 2019

Majority vote

SUMMARY:

Establishes the School Pavement to Parks Grant Program.

Major Provisions

1. Specifies that the purpose of the program is to enable schools located in disadvantaged communities (low income areas disproportionately affected by environmental pollution) with no or minimal green space at schoolsites to convert existing pavement to green space. Requires the green space to include a garden and a gardening education program that incorporates science, mathematics, and literacy.
2. Requires the California Department of Education (CDE) to establish processes and procedures for the allocation of grants, including maximum amount for each grant, eligible uses of grant, and reporting requirements. Specifies that priority for funding shall be for schools located in areas with the worst air quality, higher number of pupils who are eligible for free or reduced-price meals, and where a majority of the playground at the schoolsite consists of pavement.
3. Upon appropriation in the Budget Act, authorizes school districts, county offices of education and charter schools to apply for grants and requires applicants to provide a dollar-for-dollar local match.

COMMENTS:

Background. Existing law encourages schools to establish school garden programs. School garden programs have many functions and benefits. In addition to being an instructional program, school garden programs can supply produce for a school's meal program and teach kids the benefits of making healthier food choices such as fresh fruits and vegetables. Garden programs also provide an opportunity to teach composting.

In 2006, AB 1535 (Nunez), Chapter 437, Statutes of 2006, provided $15 million for a grant program administered by the State Superintendent of Public Instruction. Kindergarten through grade 8 schoolsites were eligible to receive a maximum of $2,500 and high schools were eligible to receive a maximum of $5,000. Funds were used for instructional school garden equipment or supplies and professional development for teachers, garden volunteers and food service staff. According to the CDE, approximately 3,500 schoolsites received grants.

Existing law also requires a local governing board to evaluate methods for coordinating and planning new schoolsites and parks in the community. Many new schools are now constructed adjacent to a city park.

Benefits of green space in areas with pollution. Environmental health scientists promote the use of green environments to improve air quality and public health. According to the University of Washington's Green Cities: Good Health website, "vegetation and trees, in particular, can act as natural filters for both gases and particulate matter in urban environments." Researchers also link the availability of green space with improved health through physical activity and healthy food from gardens.

According to the Author:

"Children in low income communities deserve access to quality parks. Because school children in disadvantaged communities already suffer from poor air quality, often live in food deserts, and lack the financial resources to travel to green spaces, many are unable to enjoy basic experiences with nature and growing healthy food. AB 1578 will bring nature to children and make it an educational, joyful, and integral part of their daily learning by creating a Pavement to Parks Program."

Arguments in Support:

A number of organizations writing in support of the bill state, "Green schoolyards provide students a safe place to improve their physical and social-emotional health. Recent research indicates that students move more after campus greening, providing an important co-benefit of schoolyard renovations. Furthermore, green schoolyards have been shown to foster creativity and reduce stress and incidences of aggression. Again, in many disadvantaged communities, public schools not only serve the public, but also are the only place that children play."

Arguments in Opposition:

None received.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. Unknown one-time Proposition 98 General Fund cost pressures to provide an appropriation for the grant program.
2. Unknown General Fund costs for the CDE to administer the program. Costs would depend on the size of the appropriation for the grants. CDE likely would need one or two employees to develop the grant, evaluate applications and award grants.
3. Minor costs to a school district that receives a request from a school in its district to participate in the grant program to inform the school that it has received the request. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to school districts or provide funding through the K-12 Mandate Block Grant.

VOTES:

ASM EDUCATION: 7-0-0

YES: O'Donnell, Kiley, Kalra, McCarty, Smith, Voepel, Weber

ASM APPROPRIATIONS: 17-1-0

YES: Gonzalez, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow

UPDATED:

VERSION: May 17, 2019

CONSULTANT: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0000708

Date of Hearing: May 8, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1578

Author:(Luz Rivas) – As Amended Ver:April 30, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill creates a grant program, contingent on a one-time appropriation, for schools in disadvantaged communities without adequate green space to convert pavement to green space, known as the “School Pavement to Parks Grant Program.” The bill requires the grantee to provide a dollar-for-dollar local match. It requires the California Department of Education (CDE) to administer the grant program to school districts and give grant priority to applicants located in areas with poor air quality, applicants with high concentrations of low-income students and applicants with very little green space. This bill also requires a school district that receives a request from a school in its district to participate in the grant program to inform the school that it has received the request.

FISCAL EFFECT:

1. Unknown one-time Proposition 98 General Fund cost pressures to provide an appropriation for the grant program.
2. Unknown General Fund costs for the CDE to administer the program. Costs would depend on the size of the appropriation for the grants. CDE likely would need one or two employees to develop the grant, evaluate applications and award grants.
3. Minor costs to a school district that receives a request from a school in its district to participate in the grant program to inform the school that it has received the request. If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to school districts or provide funding through the K-12 Mandate Block Grant.

COMMENTS:

1. Purpose. The author states:

Children in low income communities deserve access to quality parks. Because school children in disadvantaged communities already suffer from poor air quality, often live in food deserts, and lack the financial resources to travel to green spaces, many are unable to enjoy basic experiences with nature and growing healthy food. AB 1578 will bring nature to children and make it an educational, joyful, and integral part of their daily learning by creating a Pavement to Parks Program.

1. Prior Legislation. AB 1535 (Núñez), Chapter 437, Statutes of 2006, provided $15 million for grants to school districts, county offices of education and charter schools for the development of instructional school gardens.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1578 (

Author:Luz Rivas) – As Amended Ver:April 12, 2019

SUBJECT: School Pavement to Parks Grant Program

SUMMARY: Establishes the School Pavement to Parks Grant Program. Specifically, this bill:

1. Establishes the following definitions:
   1. “Applicant” means a school district.
   2. “Department” means the California Department of Education (CDE).
   3. “Disadvantaged communities” means communities identified as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.
   4. “Fund” means the School Pavement to Parks Grant Program Fund established pursuant to subdivision (a) of Section 33495.
   5. “Organization” means a nonprofit organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
   6. “Program” means the School Pavement to Parks Grant Program established pursuant to Section 33493.
2. Finds and declares that children in disadvantaged communities lack access to clean and safe parks and suffer from health issues as a result of their proximity to freeways and stationary sources of pollution, and further finds that outdoor programs have been proven to do a number of things for pupils, including improving physical fitness, inspire collaborative play, reduce violence and bullying, and others.
3. Establishes the School Pavement to Parks Grant Program to provide funding to applicants maintaining schools located in disadvantaged communities to convert portions of existing pavement on grounds at those schools to parks.
4. Requires the CDE to establish processes and procedures to accomplish, at the minimum, all of the following:
   1. Allocation of grants to grant recipients.
   2. Providing grant priority to applicants based on the poor air quality of their schools under the applicable air quality data averages as determined by the applicable air pollution control or air quality management districts, the number of their pupils who are eligible for free or reduced-price meals, and the proximity of their schools to existing public green spaces.
   3. Providing grant priority to applicants for schools where all, or a majority of, the playground at the schoolsite consists of pavement.
5. Specifies that the program shall be funded by donations from organizations, and dollar-for-dollar state matching funds, not to exceed an unspecified amount, upon appropriation by the Legislature.
6. Requires each applicant to demonstrate in its grant application both of the following:
   1. A commitment to maintaining, in perpetuity, each park established within the school district under the program.
   2. The ability to accommodate the transformation of school pavement to parks while ensuring that sufficient space remains for purposes of existing and future school activities on school pavement.
7. Requires an applicant seeking a grant under the program to work with nonprofit organizations to secure local funding to facilitate the implementation of the program.
8. Authorizes a school district to apply for a grant on behalf of a school with existing green spaces on school grounds.
9. Requires a school district that receives a request from a school in the school district to participate in the program to provide a response to the school within six weeks of the request.
10. Specifies that a grant recipient is encouraged to implement a gardening program that incorporates science, mathematics, literacy, and nutrition for pupils attending participating schools maintained by the grant recipient. Expresses the intent of the Legislature that each school year, the gardening program be implemented to, at a minimum, include a six-week cycle of planting, harvesting, and eating food at parks established under the program.
11. Establishes the School Pavement to Parks Grant Program Fund in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the CDE for the program. The fund shall be the initial repository of all appropriations, donations from organizations, or other financial assets received by the CDE in connection with operation of the program.
12. Specifies that subject to available funding, the program shall be implemented on or before January 1, 2021.
13. Requires the Director of Finance, at the commencement of each fiscal year, to determine if there are sufficient funds to implement the program in that fiscal year, and to communicate that determination to the CDE in a timely manner.
14. Specifies that for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, moneys appropriated by the Legislature for purposes of this article shall not be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, and shall not be deemed to be included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202.

EXISTING LAW:

1. Requires the governing board of any school district to meet with appropriate local government recreation and park authorities to review all possible methods of coordinating planning, design, and construction of new school facilities and schoolsites or major additions to existing school facilities and recreation and park facilities in the community. (Education Code (EC) Section 35275)
2. Finds and declares that school gardens provide an interactive, hands-on learning environment in which pupils learn composting and waste management techniques, fundamental concepts about nutrition and obesity prevention, and the cultural and historical aspects of our food supply. School gardens also foster a better understanding and appreciation of where food comes from, how food travels from the farm to the table, and the important role of agriculture in the state, national, and global economy. (EC Section 51795)
3. Establishes the Instructional School Gardens Program, administered by the CDE for the promotion, creation, and support of instructional school gardens through the allocation of grants, and through technical assistance provided, to school districts, charter schools, or county offices of education. (EC Section 51796)
4. Prohibits a local governing board from siting a school located on land that was previously a hazardous waste disposal site, that contains pipelines that carry hazardous substances, or that is near an airport runway or freeway, other busy traffic corridors and railyards that have the potential to expose students and school staff to hazardous air emissions. (EC Sections 17213 and 17215)
5. Requires the California Environmental Protection Agency (CalEPA) to identify disadvantaged communities for investment opportunities. Requires these communities to be identified based on geographic, socioeconomic, public health, and environmental hazard criteria, and may include, but are not limited to, either of the following:
   1. Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation.
   2. Areas with concentrations of people that are of low income, high unemployment, low levels of homeownership, high rent burden, sensitive populations, or low levels of educational attainment. (Health and Safety Code Section 39711)

FISCAL EFFECT: Unknown

COMMENTS: Existing law encourages schools to establish school garden programs. School garden programs have many functions and benefits. In addition to being an instructional program, school garden programs can supply produce for a school's meal program and teach kids the benefits of making healthier food choices such as fresh fruits and vegetables. Garden programs also provide an opportunity to teach composting, including vermiposting using worms. In 1995, the CDE launched the Garden in Every School initiative and collaborates with entities that support school gardens, including public and private agricultural agencies, waste management agencies, health agencies and others.

In 2006, AB 1535 (Nunez), Chapter 427, Statutes of 2006, provided $15 million for a grant program administered by the State Superintendent of Public Instruction. Kindergarten through grade 8 schoolsites were eligible to receive a maximum of $2,500 and high schools were eligible to receive a maximum of $5,000. Funds were used for instructional school garden equipment or supplies and professional development for teachers, garden volunteers and food service staff. According to the CDE, approximately 3,500 schoolsites received grants.

Existing law also requires a local governing board to evaluate methods for coordinating and planning new schoolsites and parks in the community. Many new schools are now constructed adjacent to a city park.

Benefits of green space in areas with pollution. Environmental health scientists promote the use of green environments to improve air quality and public health. According to the University of Washington’s Green Cities: Good Health website, “vegetation and trees, in particular, can act as natural filters for both gases and particulate matter in urban environments.” Researchers also link the availability of green space with improved health through physical activity and healthy food from gardens.

The author states, “Children in low income communities deserve access to quality parks. Because school children in disadvantaged communities already suffer from poor air quality, often live in food deserts, and lack the financial resources to travel to green spaces, many are unable to enjoy basic experiences with nature and growing healthy food. AB 1578 will bring nature to children and make it an educational, joyful, and integral part of their daily learning by creating a Pavement to Parks Program.”

This bill establishes a grant program for schools located in disadvantaged communities to convert portions of existing pavement on school grounds to parks. The definition of disadvantaged communities used by this bill means low income areas designated by the CalEPA as being disproportionately affected by environmental pollution. The author states:

“The City Project recently completed a study which highlights that ‘children of color disproportionately live in communities of concentrated poverty without enough places to play in parks and schools, and without access to cars or an adequate transit system to reach parks and school fields in other neighborhoods.’”

The merits of promoting green space notwithstanding, the bill, as drafted, is unclear and confusing:

• The bill directs the CDE to establish the process and procedures to provide grants to recipients, but the bill does not specify the purpose of the funds or what the funds can be used for.
• It is unclear what the term “park” means in the context of a schoolsite. Parks are generally operated by local municipalities or state or federal governments and opened to the public, with or without a charge. It is unclear whether the author intends to have the park on a schoolsite as a recreational area opened to the public.
• The bill requires a school district to work with a nonprofit organization to secure local funding, but the bill also establishes a fund where donations can be deposited. It is unclear whether the fund is a shared pool that CDE can use to provide grants to all applicants or whether local funds shall be used for an applicant where the nonprofit is located. It is unclear why a school district is required to work with a nonprofit or whether the nonprofit would have a role in the design or use of the park.
• The bill establishes a continuous appropriation to the CDE and provides a one to one state match for donations. The bill states that the funds appropriated for the purpose of this bill shall not count towards Proposition 98 calculations. Proposition 98 establishes a minimum for K-14 education spending and is enshrined in the State Constitution. Any education-related spending is counted towards the Proposition 98 allocation. The effect of a statutory declaration that certain appropriation of funds shall not count towards Proposition 98 is unclear.
• The bill directs the Director of the Department of Finance to determine if funds are available every year and to notify the CDE in a timely manner. This provision takes away authority from the Legislature.
• The bill requires a school district to respond to a school seeking participation in the Program within six weeks. It is unclear what the district is to inform the school within six weeks. It is unlikely that the district will know whether CDE has awarded funding within such a short period of time. The district will not be able to provide a response regarding funding if the timeline for submitting applications is outside of the time frame of the request made by a school.
• The bill only allows school districts to apply for grant funds.

Committee amendments. Staff recommends striking the contents of the bill with the exception of the findings and declarations section and rewriting the bill with the following amendments:

1. Uncodify the findings and declarations section.
2. Establish the School Pavement to Parks Grant Program.
3. Allow school districts, county offices of education and charter schools to be eligible for funding.
4. Specify that the purpose of the School Pavement to Parks Program is to enable schools located in disadvantaged communities with no or minimal green space at schoolsites to convert existing pavement to green space.
5. Specify that the green space shall include, but is not limited to, a garden with a gardening program that incorporates science, mathematics, and literacy for hands-on outdoor learning.
6. Require an applicant to provide a local match, which may be provided by the applicant or another source, including a nonprofit organization or another governmental agency.
7. Require the CDE to establish processes and procedures for the allocation of funds that includes the process and timeline for applying and awarding funds, the maximum amount for each grant, eligible uses of funds, reporting requirements, and verification that approval from the Division of State Architect (DSA) has been received, if DSA approval for the proposed project is necessary.
8. Specify that the priority for funding shall be for applicants with schools located in areas with the worst air quality, high number of pupils eligible for free- and reduced-price meals, and where a majority of the playground at a schoolsite consists of pavement.
9. Require each applicant to provide specified information in its application, including the school for which it is applying for funds, the percentage of a school’s playground that is on pavement, the percentage of the school’s pupils eligible for free- or reduced-price meals, the amount of pavement the applicant seeks to convert to green space, a description of how the funds will be used, and demonstration that the applicant commits to maintaining the green space and that sufficient space remains for purposes of existing and future school activities on school pavement.
10. Require an applicant to inform a school that it has received its request to participate in the Program in a timely manner.
11. Specify that the operation of the provisions of this bill is contingent upon a one-time appropriation in the Budget Act or another statute.

Arguments in Support. A number of organizations supporting the bill state:

“AB 1578 is an innovative solution, long overdue in California to start to institutionalize ‘greening’ old, hardscaped playgrounds with multi-benefit parks. Features like open spaces, trees, rain gardens, porous paving material, and modern playground equipment, can provide recreational opportunities to children during and after school that never existed before. When designed well, playgrounds are a cost-effective approach to improving air quality, cooling the city, protection from severe flooding, capturing stormwater, and most importantly, improving the physical and emotional health of our kids.”

Prior related legislation. AB 2367 (Bonilla), Chapter 428, Statutes of 2012, authorize a school district, charter school, or county office of education to sell produce grown in a school garden.

AB 1535 (Núñez), Chapter 437, Statutes of 2006, provided $15 million for grants to school districts, county offices of education and charter schools for the development of instructional school gardens.

REGISTERED SUPPORT / OPPOSITION:

Support

Audubon California
California Council of Land Trusts
California Environmental Justice Alliance
California League of Conservation Voters
California Releaf
California State Parks Foundation
Center For Climate Change & Health
Children & Nature Network
Community Nature Connection
Friends of the Los Angeles River
From Lot to Spot
Long Beach Gray Panthers
Los Angeles Neighborhood Land Trust
Oakland Unified School District
Pacoima Beautiful
Rose Foundation for Communities and the Environment
Safe Routes to School National Partnership
San Francisco Unified School District
Sierra Club California
The Hellman Foundation
The Trust for Public Land
The Watershed Project
Union of Concerned Scientists

Opposition

None on file

Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087