Student Housing and CCD Facilities Bills

The Legislature is now reviewing newly introduced bills in their policy committees. It appears legislative leadership have mostly lifted rules from the prior two years limiting the number and type of bills that can be considered. Below is an update on key bills that may affect the community college facility community.

AB 2232 (McCarty) – Classroom Air Quality and Ventilation Requirements

AB 2232 (McCarty) is sponsored by the Western States Sheet Metal Workers and the California State Pipe Trades Council. It is aimed at fixing underperforming HVAC systems to improve health and educational outcomes. AB 2232 contains two primary provisions:

• Requires CCDs and other schools to conduct comprehensive HVAC inspections once every five years, consistent with ASHRAE standards and using a TAB-certified technician or an HVAC Acceptance Test Technician. The inspector shall recommend repairs, replacements, and remediation to correct issues identified in the inspection.
• Requires the installation of CO2 monitors in all classrooms. DSA can adjust the specific technical requirements of the CO2 monitors. If there is a CO2 reading above 1,100 ppm more than once per week, a TAB-certified technician shall adjust the CO2 level.

While we recognize the vital importance of healthy air, CCFC is concerned that the bill would essentially mandate contracting out of key maintenance and operations functions. Most district M&O personnel do not hold the credentials and certifications stipulated by the bill. Additionally, installation of CO2 monitors would be an unfunded mandate that would likely trigger other work, such as integration with or upgrades to a district’s existing Energy Management System.

CCFC is working with the author’s office and policymakers to share these concerns. AB 2232 was passed by Assembly Education Committee and is pending in Assembly Higher Education Committee.

AB 1738 (Boerner Horvath) – EV Chargers

AB 1738 (Boerner Horvath) would require the Department of Housing and Community Development and the Division of the State Architect to research, develop, and propose mandatory building code standards for the installation of electric vehicle charging stations at existing public buildings, including schools, during certain retrofits, additions, and alterations to existing parking facilities. While the bill does not specify the inclusion of community colleges, it is probable that they would be included in the definition of “school building.”

AB 1738 passed out of Assembly Housing and Community Development Committee and is pending in Assembly Education Committee. CCFC does not currently have a position on this bill, which has already been narrowed from its initial introduction.

Student Housing

With the creation of the SB 169 Higher Education Student Housing Grant Program in the 2021 Budget Act, there continues to be significant interest in addressing student housing needs for community colleges.

Below are related bills that have been introduced.

AB 1602 (McCarty) – Student and Workforce Housing Revolving Loan Fund

AB 1602 creates a Revolving Loan Fund (RLF) program for UC, CSU, and CCC housing projects. Assembly Member McCarty proposes a $5 billion investment into the fund in the 2022-23 budget. Student and workforce housing projects would be eligible. Loans would be zero-interest, and the program would be administered by the State Treasurer’s Office; based on feedback provided by the STO and others, the bill could be amended to provide low-interest rather than no-interest loans, to help support program administration costs.

CCFC does not have a formal position on the bill, but we have raised concerns with language that would inhibit the use of Public-Private Partnerships (P3s) to construct and/or operate projects. Additionally, the State Building and Construction Trades Council of California opposes the bill unless it is amended to include skilled and trained workforce provisions that stipulate apprenticeship graduation and Department of Industrial Relations reporting requirements. These skilled and trained workforce provisions currently apply to CCD Design-Build projects.

The bill was passed by Assembly Higher Education Committee, with the understanding that Assembly Member McCarty would continue to work with Building Trades to incorporate skilled and trained workforce requirements. It is now on the suspense file in Assembly Appropriations Committee.

AB 1764 (Medina) – DSA/Field Act Exemption

AB 1764 exempts community college student housing projects from the Field Act and therefore from Division of the State Architect (DSA) review. The intent of this is to streamline planning and expedite construction of these projects. This builds upon AB 306 (O’Donnell), which was signed into law in 2021 and exempts K-12 and community college district workforce housing projects from DSA review. Absent DSA review, plans would likely be reviewed by the local jurisdiction.

CCFC requested and received an amendment that would allow districts to have the option of choosing DSA review in lieu of the local option. This was based on concerns that it may be challenging to work with some local jurisdictions. Additionally, it appears that DSA would still have some jurisdiction over access compliance, and this could lead to overlapping state and local reviews.

AB 1764 was passed by Assembly Higher Education Committee and is now pending in Assembly Appropriations Committee.

SB 886 (Wiener) – CEQA Exemption

SB 886 provides a statutory CEQA exemption for student and faculty housing projects at community colleges, UC, and CSU under specified circumstances. The bill is driven by a lack of guaranteed housing for UC and CSU students, and by the rate homelessness for community college students. To qualify for the CEQA exemption, the project may not be on prime farmland, wetlands, lands in a very high fire hazard severity zone, or other on specified lands. The project must use a skilled and trained workforce as discussed above in AB 1602. Additionally, the bill requires the facility to be owned by the college/university, making it potentially difficult or impossible to use certain P3 configurations.

Because of this, CCFC does not have a formal position on the bill. SB 886 is pending in the Senate Environmental Quality Committee.

AB 1719 (Ward) – Tax Credits for CCD Workforce Housing Projects

AB 1719 clarifies that a community college district may limit its workforce housing to employees of its own district and still be eligible for Low-Income Housing Tax Credits (LIHTC). Federal IRS rules state that if a residential unit is provided by an employer and limited to its own employees, the unit is not for use by the public and is therefore not eligible for Federal LIHTC. However, a state may set policy supporting members of a specified group while allowing the project to be LIHTC-eligible. AB 1719 adds community college employees and faculty to the Teacher Housing Act of 2016, clarifying that CCDs can limit occupancy to their own employees and still be eligible for local and state funds or LIHTCs.

CCFC has a support position this bill, which was passed by Assembly Housing and Community Development Committee and is pending in Assembly Education Committee.

Rebekah Cearley
CCFC Legislative Advocate