The Field Act requires the Department of General Services to supervise the design and construction of any school building, including both school district and community college district buildings, or, if the estimated cost exceeds $100,000, the reconstruction or alteration of, or addition to, any school building, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to the act and with relevant building standards, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications. Existing law requires the Department of General Services, for purposes relating to access and use by persons with disabilities, to issue a written approval of the plans and specifications of certain buildings and facilities, as provided. Existing law defines school building for these purposes, and excludes from that definition any building that serves or is intended to serve as residential housing for school district and community college district teachers and employees, and their families.

This bill would additionally exclude from these requirements any building used as a residence for students attending a campus of a community college district, except upon a request by the community college district, as specified.

The Field Act requires the Department of General Services to supervise the design and construction of any school building, including both school district and community college district buildings, or, if the estimated cost exceeds $100,000, the reconstruction or alteration of, or addition to, any school building, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to the act and with relevant building standards, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications. Existing law requires the Department of General Services, for purposes relating to access and use by persons with disabilities, to issue a written approval of the plans and specifications of certain buildings and facilities, as provided. Existing law defines school building for these purposes, and excludes from that definition any building that serves or is intended to serve as residential housing for school district and community college district teachers and employees, and their families.

This bill would additionally exclude from these requirements any building used as a residence for students attending a campus of a community college district, except upon a request by the community college district, as specified.

The Field Act requires the Department of General Services to supervise the design and construction of any school building, including both school district and community college district buildings, or, if the estimated cost exceeds $100,000, the reconstruction or alteration of or addition to any school building, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to the act and with relevant building standards, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications. Existing law requires the Department of General Services, for purposes relating to access and use by persons with disabilities, to issue a written approval of the plans and specifications of certain buildings and facilities, as provided. Existing law defines school building for these purposes, and excludes from that definition any building that serves or is intended to serve as residential housing for school district and community college district teachers and employees, and their families.

This bill would additionally exclude from these requirements any building used as a residence for students attending a campus of a community college district, except upon a request by the community college district, as specified.

 CONSENT  

Bill No: AB 358

Author: Addis (D)

Introduced: 2/1/23

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/7/23

AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 75-0, 5/4/23 (Consent) - See last page for vote

SUBJECT: Community college districts: student housing

SOURCE: Author

DIGEST:

This bill exempts California Community College (CCC) district student housing plans from requiring approval from the Department of General Services’ (DGS) Division of the State Architect (DSA).

ANALYSIS:

Existing law:

1. Requires the DGS, under the police power of the state, to supervise the design and construction of any school building or the reconstruction or alteration of, or addition to, any school building, if not exempted under Section 81133, to ensure that plans and specifications comply with specified rules and regulations and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. (Education Code (EC) Section 81130)
2. Defines “school building” as any building used, or designed to be used, for community college purposes and constructed by the state, by any city, county, or city and county, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. (EC Section 81050)
3. Exempts community college employee housing from the Field Act; and, defines “residential housing” to mean any building used as a personal residence by a teacher or employee of a community college district (CCD), with the teacher’s or employee’s family, if applicable. (EC Section 81050.5)
4. Requires each school building constructed, reconstructed, modified, or expanded after July 1, 2006, on a community college campus to be built according to the Field Act, as defined in Section 81130.3, or according to the California Building Standards Code, as adopted by the California Building Standards Commission. (EC Section 81052)
5. Prohibits contracts to be awarded for the construction of elementary school, secondary school, or CCD buildings and facilities until the DGS has issued written approval stating that the plans and specifications comply with the intent of specified provisions in the Government Code, when funds from the state, county, municipalities, or other political subdivisions are used. (Government Code (GOV) Section 4454)
6. Exempts community college employee housing from the Field Act; and, defines “residential housing” to mean any building used as a personal residence by a teacher or employee of a CCD, with the teacher’s or employee’s family, if applicable. (GOV Section 4454.5)

This bill:

1. Excludes any CCC district building used as a residence for students attending a CCC campus from having to receive approval from the DGS DSA.
2. Adds to the definition of “residential housing” any building used as a residence for students attending a campus of a CCC district.

Comments

1. Need for the bill. According to the author, although some students may qualify for traditional affordable housing, students themselves are not designated as a special needs population and are not included in the Regional Housing Needs Assessment, which quantifies the need for housing within each jurisdiction during specified planning periods.

The author contends that because of the exclusion of students from the Assessment, students suffer from lack of protections from the state or their local governments. Further, the author states that, “campuses themselves however, suffer from increasing on-campus housing shortages, leading to escalating housing costs and extensive waiting lists.” The author states, “this is especially the case at the California Community Colleges, which originally did not provide housing as they catered to ‘commuter’ students. As a result, many community colleges are scrambling to erect housing amongst a dire landscape, all while experiencing limited land availability, high costs, and long completion days.”

Lastly, the author states, “this bill helps eliminate inequities experienced by underrepresented individuals in higher education by allowing community colleges to more quickly accommodate student-housing needs. If CCC are the engine for upward social mobility, we must address housing insecurity issues.”

1. Efforts to address student housing in California. In 2021, the Legislature and the Governor appropriated $2 billion over three years in housing grants among the CCC, the California State University (CSU) and the University of California (UC). Despite these investments, there is still a lack of information on student housing insecurity and respective subgroups, no coordination and data sharing with the Administration and Legislature, and bureaucratic hurdles to approving housing production, especially for community colleges.

Further, there is no government entity aside from the public university segments that oversees student housing, creating a disjointed system and limited knowledge of student housing insecurity at the state level. The $2 billion and the applications for student housing are currently managed by the Department of Finance, which does not have a housing sub-department or staff. Meanwhile, the Housing and Community Development Department does not weigh in on student housing, even though students are a significant at-risk group that experience homelessness. Students are not designated as a “special needs population,” and do not qualify for the Regional Housing Needs Allocation.

According to data provided by the author, students who face housing insecurity are less likely to engage seriously with their college experience and less likely to complete their course of study. In a 2022 CCC conducted survey, 65% of CCC campuses indicated they were collecting data on student housing and food insecurity. A large percentage indicated they were partnering with community resources that provide housing assistance and access to food distribution programs. However, only 16% of the colleges surveyed provided emergency housing assistance; only 36% said they offered a place for students to store their belongings throughout the day.

1. Field Act Overview. The Field Act was established in 1933 following a devastating earthquake in Long Beach, California. This earthquake caused 120 fatalities and severely damaged or made unsafe 230 school buildings. The Field Act granted authority to the State Architect to create a statewide building code aimed at ensuring the safety of all buildings, particularly schools, against earthquakes. Over time, the Field Act has been strengthened, and California's public schools and community college buildings are widely recognized as the safest public structures in the state. When the DSA confirms that project plans comply with the required building codes and the Field Act, the school district can proceed with the construction.

However, it's important to note that the Field Act exclusively applies to school facilities, including those located on a CCCcampus. As explained by the Seismic Safety Commission, the Field Act's purpose is to safeguard the lives of children and staff in public schools from injury or death during earthquakes, as well as protect the public's investment in school buildings. One of the Field Act's many requirements is obtaining DSA approval for the architectural designs of any campus building.

Under current state legislation, the Field Act solely affects the CCC as the only public higher education segment subject to its regulations. The CSU and UC adhere to local ordinances concerning seismic activity and maintain their own policies, without being subject to the Field Act.

1. The Division of the State Architect. The DSA, in part, provides design and construction oversight for K–12 schools, community colleges, and various other state-owned and state-leased facilities to ensure that they comply with all structural, accessibility, and fire and life safety codes. To promote consistent knowledge and application of the California Building Codes, as well as information for successful plan review and construction of projects under DSA’s jurisdiction, DSA offers classes through its DSA Academy.

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

SUPPORT: (Verified 6/27/23)

Antelope Valley Community College District

Association of California Community College Administrators

California Apartment Association

California Chamber of Commerce

California Community Colleges Chancellor's Office

California Yimby

Chabot Las Positas Community College District

College of the Canyons

College of the Redwoods

Community College Facility Coalition

Community College League of California

Compton Community College District

Contra Costa Community College District

Faculty Association of California Community Colleges

Kern Community College District

Long Beach Community College District

Monterey Peninsula Community College District

Public Advocates 

Rio Hondo College

Riverside Community College District

San Bernardino Community College District

San Diego Community College District

San Jose Chamber of Commerce

San Jose-Evergreen Community College District

Santa Barbara City College

Santa Monica Community College District

Southwestern Community College District

Student Senate for California Community Colleges

Ventura County Community College District

Yuba Community College District

OPPOSITION: (Verified 6/27/23)

None received

ARGUMENTS IN SUPPORT: According to several CCC districts, “Community colleges are subject to the same building standards for primary and secondary schools. However, this has the unintended consequence of long bureaucratic construction procedures, a problem that uniquely exists at the CCCs and not at the CSU or UC.” Further, they state, “…building projects that exceed $100,000 are required to go through DGS and DSA in addition to housing compliance standards, which results in increased cost of housing. This therefore creates barriers to building safe and affordable housing.”

Further, they write, “…the ability to bypass approval from DGS and DSA on residential housing for CCC students allows community colleges to more easily accommodate its housing needs. This will put CCC on equal footing with CSU and UC colleges across the state and help students with housing insecurity.”

ASSEMBLY FLOOR: 75-0, 5/4/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Flora, McKinnor, Muratsuchi, Wallis, Wicks

Prepared by: Ian Johnson / ED. / (916) 651-4105

6/28/23 14:13:39

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: June 7, 2023

Subject: .

SUMMARY

This bill exempts California Community College (CCC) district student housing plans from requiring approval from the Department of General Services’ (DGS) Division of the State Architect (DSA).

BACKGROUND

Existing law:

1. Requires the DGS, under the police power of the state, to supervise the design and construction of any school building or the reconstruction or alteration of, or addition to, any school building, if not exempted under Section 81133, to ensure that plans and specifications comply with specified rules and regulations and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. (Education Code (EC) Section 81130)
2. Defines “school building” as any building used, or designed to be used, for community college purposes and constructed by the state, by any city, county, or city and county, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. (EC Section 81050)
3. Exempts community college employee housing from the Field Act; and, defines “residential housing” to mean any building used as a personal residence by a teacher or employee of a community college district (CCD), with the teacher’s or employee’s family, if applicable. (EC Section 81050.5)
4. Requires each school building constructed, reconstructed, modified, or expanded after July 1, 2006, on a community college campus to be built according to the Field Act, as defined in Section 81130.3, or according to the California Building Standards Code, as adopted by the California Building Standards Commission. (EC Section 81052)
5. Prohibits contracts to be awarded for the construction of elementary school, secondary school, or CCD buildings and facilities until the DGS has issued written approval stating that the plans and specifications comply with the intent of specified provisions in the Government Code, when funds from the state, county, municipalities, or other political subdivisions are used. (Government Code (GOV) Section 4454)
6. Exempts community college employee housing from the Field Act; and, defines “residential housing” to mean any building used as a personal residence by a teacher or employee of a CCD, with the teacher’s or employee’s family, if applicable. (GOV Section 4454.5)

ANALYSIS

This bill:

1. Excludes any CCC district building used as a residence for students attending a CCC campus from having to receive approval from the DGS DSA.
2. Adds to the definition of “residential housing” any building used as a residence for students attending a campus of a CCC district.

STAFF COMMENTS

1. Need for the bill. According to the author, although some students may qualify for traditional affordable housing, students themselves are not designated as a special needs population and are not included in the Regional Housing Needs Assessment, which quantifies the need for housing within each jurisdiction during specified planning periods.

The author contends that because of the exclusion of students from the Assessment, students suffer from lack of protections from the state or their local governments. Further, the author states that, “campuses themselves however, suffer from increasing on-campus housing shortages, leading to escalating housing costs and extensive waiting lists.” The author states, “this is especially the case at the California Community Colleges, which originally did not provide housing as they catered to ‘commuter’ students. As a result, many community colleges are scrambling to erect housing amongst a dire landscape, all while experiencing limited land availability, high costs, and long completion days.”

Lastly, the author states, “this bill helps eliminate inequities experienced by underrepresented individuals in higher education by allowing community colleges to more quickly accommodate student-housing needs. If CCC are the engine for upward social mobility, we must address housing insecurity issues.”

1. Efforts to address student housing in California. In 2021, the Legislature and the Governor appropriated $2 billion over three years in housing grants among the CCC, the California State University (CSU) and the University of California (UC). Despite these investments, there is still a lack of information on student housing insecurity and respective subgroups, no coordination and data sharing with the Administration and Legislature, and bureaucratic hurdles to approving housing production, especially for community colleges.

Further, there is no government entity aside from the public university segments that oversees student housing, creating a disjointed system and limited knowledge of student housing insecurity at the state level. The $2 billion and the applications for student housing are currently managed by the Department of Finance, which does not have a housing sub-department or staff. Meanwhile, the Housing and Community Development Department does not weigh in on student housing, even though students are a significant at-risk group that experience homelessness. Students are not designated as a “special needs population,” and do not qualify for the Regional Housing Needs Allocation.

According to data provided by the author, students who face housing insecurity are less likely to engage seriously with their college experience and less likely to complete their course of study. In a 2022 CCC conducted survey, 65% of CCC campuses indicated they were collecting data on student housing and food insecurity. A large percentage indicated they were partnering with community resources that provide housing assistance and access to food distribution programs. However, only 16% of the colleges surveyed provided emergency housing assistance; only 36% said they offered a place for students to store their belongings throughout the day.

1. Field Act Overview. The Field Act was established in 1933 following a devastating earthquake in Long Beach, California. This earthquake caused 120 fatalities and severely damaged or made unsafe 230 school buildings. The Field Act granted authority to the State Architect to create a statewide building code aimed at ensuring the safety of all buildings, particularly schools, against earthquakes. Over time, the Field Act has been strengthened, and California's public schools and community college buildings are widely recognized as the safest public structures in the state. When the DSA confirms that project plans comply with the required building codes and the Field Act, the school district can proceed with the construction.

However, it's important to note that the Field Act exclusively applies to school facilities, including those located on a CCC campus. As explained by the Seismic Safety Commission, the Field Act's purpose is to safeguard the lives of children and staff in public schools from injury or death during earthquakes, as well as protect the public's investment in school buildings. One of the Field Act's many requirements is obtaining DSA approval for the architectural designs of any campus building.

Under current state legislation, the Field Act solely affects the CCC as the only public higher education segment subject to its regulations. The CSU and UC adhere to local ordinances concerning seismic activity and maintain their own policies, without being subject to the Field Act.

1. The Division of the State Architect. The DSA, in part, provides design and construction oversight for K–12 schools, community colleges, and various other state-owned and state-leased facilities to ensure that they comply with all structural, accessibility, and fire and life safety codes. To promote consistent knowledge and application of the California Building Codes, as well as information for successful plan review and construction of projects under DSA’s jurisdiction, DSA offers classes through its DSA Academy.
2. Arguments in support. According to several CCC districts, “Community colleges are subject to the same building standards for primary and secondary schools. However, this has the unintended consequence of long bureaucratic construction procedures, a problem that uniquely exists at the CCCs and not at the CSU or UC.” Further, they state, “…building projects that exceed $100,000 are required to go through DGS and DSA in addition to housing compliance standards, which results in increased cost of housing. This therefore creates barriers to building safe and affordable housing.”

Further, they write, “…the ability to bypass approval from DGS and DSA on residential housing for CCC students allows community colleges to more easily accommodate its housing needs. This will put CCC on equal footing with CSU and UC colleges across the state and help students with housing insecurity.”

SUPPORT

Antelope Valley Community College District
Association of California Community College Administrators
California Apartment Association
California Chamber of Commerce
California Community Colleges Chancellor's Office
Chabot Las Positas Community College District
College of the Canyons
College of the Redwoods
Community College Facility Coalition
Community College League of California
Contra Costa Community College District
Kern Community College District
Monterey Peninsula Community College District
Public Advocates 
Rio Hondo College
San Bernardino Community College District
San Diego Community College District
San Jose Chamber of Commerce
San Jose-Evergreen Community College District
Santa Barbara City College
Santa Monica Community College District
Southwestern Community College District
Student Senate for California Community Colleges
Ventura County Community College District
Yuba Community College District

OPPOSITION

None received

-- END --

Date of Hearing: April 26, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 358

Author:(Addis) – As Introduced Ver:February 1, 2023

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

SUMMARY:

This bill exempts California Community College (CCC) district student housing architectural plans from requiring approval from the Department of General Services’ (DGS) Division of the State Architect (DSA.)

FISCAL EFFECT:

Potential General Fund cost savings to DGS DSA to the extent it no longer reviews CCC district student housing architectural plans as result of this bill.

COMMENTS:

1. Purpose. According to several CCDs in support of this bill:

Community colleges are subject to the same building standards for primary and secondary schools. However, this has the unintended consequence of long bureaucratic construction procedures, a problem that uniquely exists at the CCCs and not at the CSU or UC…building projects that exceed $100,000 are required to go through DGS and DSA in addition to housing compliance standards, which results in increased cost of housing. This therefore creates barriers to building safe and affordable housing…the ability to bypass approval from DGS and DSA on residential housing for CCC students allows community colleges to more easily accommodate its housing needs. This will put CCC on equal footing with CSU and UC colleges across the state and help students with housing insecurity.

1. Background. Typically, commercial or local housing projects only go through local building department approvals, but CCC district student housing projects go through both DSA and local building department approvals. The DSA ensures that the architectural design plans meet fire, life and safety requirements, earthquake standards, and access requirements under the Americans with Disability Act.

This bill allows a CCC district student housing project to gain project approval from its local building department without also needing to gain approval from DSA.

1. Prior Legislation. AB 306 (O’Donnell), Chapter 49, Statutes of 2021, exempts school district and CCC district employee housing architectural plans from the requirement to receive approval from the DGS DSA.

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

Date of Hearing: April 11, 2023

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

ABPCA Bill Id:AB 358 (

Author:Addis) – As Introduced Ver:February 1, 2023

SUBJECT: Community college districts: student housing.

SUMMARY: Exempts California Community College (CCC) District (CCD) student housing architectural plans from the requirement in existing law to receive approval from the Department of General Services’ (DGS) Division of the State Architect (DSA). Specifically, this bill:

1. Excludes any CCD building used as a resident for students attending a campus of a CCD, except upon request by the CCD, from having to receive approval from the DGS DSA.
2. Adds to the definition of “residential housing” to include any building used as a residence for students attending a campus of a CCD.

EXISTING LAW:

1. Requires the DGS, under the police power of the state, to supervise the design and construction of any school building or the reconstruction or alteration of, or addition to, any school building, if not exempted under Section 81133, to ensure that plans and specifications comply with specified rules and regulations and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property (Education Code (EC) Section 81130).
2. Defines “school building” as any building used, or designed to be used, for community college purposes and constructed by the state, by any city, county, or city and county, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof (EC Section 81050).
3. Exempts community college employee housing from the Field Act; and, defines “residential housing” to mean any building used as a personal residence by a teacher or employee of a CCD, with the teacher’s or employee’s family, if applicable (EC Section 81050.5).
4. Requires each school building constructed, reconstructed, modified, or expanded after July 1, 2006, on a community college campus to be built according to the Field Act, as defined in Section 81130.3, or according to the California Building Standards Code, as adopted by the California Building Standards Commission (EC Section 81052).
5. Prohibits contracts to be awarded for the construction of elementary school, secondary school, or CCD buildings and facilities until the DGS has issued written approval stating that the plans and specifications comply with the intent of specified provisions in the Government Code, when funds from the state, county, municipalities, or other political subdivisions are used (Government Code (GOV) Section 4454).
6. Exempts community college employee housing from the Field Act; and, defines “residential housing” to mean any building used as a personal residence by a teacher or employee of a CCD, with the teacher’s or employee’s family, if applicable (GOV Section 4454.5).

FISCAL EFFECT: Unknown

COMMENTS: Purpose of this measure. According to the author, although some students may qualify for traditional affordable housing, students themselves are not designated as a special needs population and are not included in the Regional Housing Needs Assessment, which quantifies the need for housing within each jurisdiction during specified planning periods.

The author contends that because of the exclusion of students from the Assessment, students suffer from lack of protections from the state or their local governments. Further, the author states that, “campuses themselves however, suffer from increasing on-campus housing shortages, leading to escalating housing costs and extensive waiting lists.” The author states, “this is especially the case at the California Community Colleges, which originally did not provide housing as they catered to ‘commuter’ students. As a result, many community colleges are scrambling to erect housing amongst a dire landscape, all while experiencing limited land availability, high costs, and long completion days.”

Lastly, the author states, “this bill helps eliminate inequities experienced by underrepresented individuals in higher education by allowing community colleges to more quickly accommodate student-housing needs. If CCC are the engine for upward social mobility, we must address housing insecurity issues.”

This measure exempts CCD student housing architectural plans from the requirement to receive approval from the DGS DSA. The exemption of student housing for the CCC will bring parity with the CSU and UC student housing requirements.

Student housing efforts. In 2021, the Legislature and the Governor appropriated $2 billion over three years in housing grants among the CCC, the California State University (CSU) and the University of California (UC). Despite the significant investment to bolster student housing, several barriers remain, including, but not limited to, a lack of information on student housing insecurity, and respective subgroups; no coordination and data sharing with the Administration and legislature; and, bureaucratic hurdles to approving housing production, especially for community colleges.

Further, there is no government entity aside from the public university segments that oversees student housing, creating a disjointed system and limited knowledge of student housing insecurity at the state level. The $2 billion and the applications for student housing are currently managed by the Department of Finance, which does not have a housing sub-department or staff. Meanwhile, the Housing and Community Development Department does not weigh in on student housing, even though students are a significant at-risk group that experience homelessness. Students are not designated as a “special needs population,” and do not qualify for the Regional Housing Needs Allocation.

According to data provided by the author, students who face housing insecurity are less likely to engage seriously with their college experience and less likely to complete their course of study. In a 2022 CCC conducted survey, 65% of CCC campuses indicated they were collecting data on student housing and food insecurity. A large percentage indicated they were partnering with community resources that provide housing assistance and access to food distribution programs. However, only 16% of the colleges surveyed provided emergency housing assistance; only 36% said they offered a place for students to store their belongings throughout the day.

In addition to the aforementioned student housing investments, AB 306 (O’Donnell) (as described in the Prior legislation section of this analysis), exempts employee housing at the CCC from the Field Act. This is significant because CCCs fall under the Field Act; which, has led to prolonged time lines for the CCC and developers, even with the recently allocated funds.

Field Act. The Field Act, named after the author of the bill establishing the Act, Assembly Member C. Don Field, was enacted in 1933, after an earthquake in Long Beach, California. The earthquake resulted in 120 fatalities and destroyed or rendered unsafe, 230 school buildings. The Act authorized the State Architect to develop a statewide building code to make all buildings, especially school buildings, safe from earthquakes. The Act has been strengthened since then and California's public schools and community college buildings are commonly considered to be the safest public buildings in the state. When the DSA determines that the project plans comply with all the necessary building codes and the Field Act, the school district may proceed to construction of the project.

However, the Act only applies to school facilities including facilities located on a CCC campus. According to the Seismic Safety Commission, the Act is to protect children and staff from death and injury in public schools grades K-14 and to protect public investment in school buildings during and after an earthquake. The many requirements established by the Act include having the architectural designs of any building on campus approved by the DGS DSA.

Under current state law, the CCC is the only public higher education segment subject to the Act. Both the CSU and the UC are subject to local ordinances regarding seismic activity and have their own policies; however, they are not nor have they ever been subject to the Act.

Additionally, existing state law places an additional regulatory barrier for CCC housing projects that do not exist for CSU or UC projects.

The DSA. The DSA, in part, provides design and construction oversight for K–12 schools, community colleges, and various other state-owned and state-leased facilities to ensure that they comply with all structural, accessibility, and fire and life safety codes. To promote consistent knowledge and application of the California Building Codes, as well as information for successful plan review and construction of projects under DSA’s jurisdiction, DSA offers classes through its DSA Academy.

Arguments in support. According to several CCDs, “Community colleges are subject to the same building standards for primary and secondary schools. However, this has the unintended consequence of long bureaucratic construction procedures, a problem that uniquely exists at the CCCs and not at the CSU or UC.” According to the CCDs, “building projects that exceed $100,000 are required to go through DGS and DSA in addition to housing compliance standards, which results in increased cost of housing. This therefore creates barriers to building safe and affordable housing.”

Further, the CCDs state that, “the ability to bypass approval from DGS and DSA on residential housing for CCC students allows community colleges to more easily accommodate its housing needs. This will put CCC on equal footing with CSU and UC colleges across the state and help students with housing insecurity.”

Prior legislation. AB 306 (O’Donnell), Chapter 49, Statutes of 2021, which exempts school and community college employee housing architectural plans from the requirement to receive approval from the DGS DSA.

AB 3324 (O’Donnell) of the 2019-2020 Session, which was held in the Assembly Committee on Education, was substantially similar AB 306 (as described above).

REGISTERED SUPPORT / OPPOSITION:

Support

Antelope Valley Community College District
Associated Builders and Contractors of California
Barstow Community College District
California Apartment Association
California Chamber of Commerce
California Community Colleges Chancellor's Office
Cerritos College (UNREG)
Community College Facility Coalition
Community College League of California
Contra Costa Community College District
Faculty Association of California Community Colleges
GENup
Mt. San Antonio College
North Orange Community College District
Public Advocates, Inc.
Rancho Santiago Community College District
Rio Hondo College
San Bernardino Community College District
San Diego Community College District
San Luis Obispo County Community College District / Cuesta College
Santa Monica College
Shasta College
Sierra Community College District
Student Senate for California Community Colleges
Yosemite Community College District
Yuba Community College District

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960