§ 81130.5. — 81130.5. (Amended by Stats. 2019, Ch. 53, Sec. 22.)

California § 81130.5.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 7.
• Title 3.: DIVISION 7. COMMUNITY COLLEGES
• Part 49.: PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES
• Ch. 1.: CHAPTER 1. School Sites
• Art. 7.: ARTICLE 7. Approvals

Text

(a)
This article does not apply to an offsite building during the time the building is used wholly or in part for community college purposes, if the building is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase that building. For the purposes of this section, an “offsite building” is a building that is situated on land that is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land.
(b)
“School building,” as used in this article, means and includes any building used, or designed to be used, for community college purposes and constructed, reconstructed,
altered, or added to, by the state or by any city or city and county, by any political subdivision, 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.
(c)
Where the primary use of either a building or complex within which the building is situated, operated by an official or board of a city, city and county, or county, or by a nonprofit foundation for a building or complex located on land owned by the United States, is for purposes other than educational, such as, but not necessarily limited to, correctional, forestry, or hospital purposes, the building shall not be considered to be a “school building” as defined in this section, notwithstanding any educational use thereof incidental to the primary purpose.
(d)
For the purposes of this article and Article 8 (commencing with Section 81160), “school building” does not include any of the following:
(1)
Any building of a community college district that is used solely for classes or programs in outdoor science, conservation, and forestry and that does not occupy, in whole or in part, the same parcel of land upon which there is situated any school maintained by the district.
(2)
Agricultural facilities that were not built for classroom purposes and that are used primarily for plant and animal production or the storage of materials, equipment, and supplies involved in that production.
(3)
Animal kennels and facilities used to house animals as part of an animal health instruction program.
(e)
“Construction or alteration,” as used in this article, includes any construction, reconstruction, or alteration of, or addition to, any school building.

Legislative History

Amended by Stats. 2019, Ch. 53, Sec. 22. (SB 77) Effective July 1, 2019.