Shade Structures And Other School Projects - School Facilities - CA Education

Section § 17670

This section highlights the dangers posed by extreme heat, especially to children. It mentions California's 2022 action plan focused on community resilience against extreme heat and acknowledges the record-setting heat wave of 2022. The text notes that children are particularly vulnerable to heat, especially those in urban schools that lack adequate protection from high temperatures. It emphasizes the importance of schoolyard shading to lower temperatures, improve health, and support learning. The legislature urges state agencies to prioritize resources for heat resilience.

The Legislature finds and declares all of the following:

(a) In April 2022, California released “Protecting Californians from Extreme Heat: A State Action Plan to Build Community Resilience” which warned of the threats extreme heat poses to public health and safety, economic prosperity, and the natural environment and cautioned that extreme heat can be dangerous or even deadly to vulnerable populations, including children, without access to cooling or shade.

(b) A 2022 heat wave shattered all-time high temperature records in cities across California, fueled wildfires, and pushed the electrical grid to the brink of rolling blackouts.

(c) According to research by the United Nations Children’s Fund (UNICEF), virtually all two billion children on earth will be exposed to more frequent, longer lasting, and more severe heat waves by 2050.

(d) The federal Centers for Disease Control and Prevention identifies extreme heat as the leading cause of weather-related deaths in the United States.

(e) Children, especially those that attend schools in urban areas built with heat-retaining materials and that are ill equipped to shelter students from extreme heat, are at heightened risk of suffering heat-related illnesses, poor health outcomes, and a reduction in their ability to learn, as excessive heat interrupts outdoor activity and exercise.

(f) Schoolyard shading mitigates the urban heat island effect and reduces ambient temperatures by at least 15 degrees, safeguarding children’s physical and mental health and promoting educational progress.

(g) The Legislature has recognized extreme heat as a serious and urgent threat and called on state agencies and departments to invest resources in increasing resilience to extreme heat.

extreme heat community resilience 2022 heat wave children's vulnerability schoolyard shading urban heat island effect public health educational progress heat-related illnesses mental health environmental impact climate action cooling infrastructure California action plan natural environment

(Added by Stats. 2023, Ch. 489, Sec. 1. (SB 515) Effective January 1, 2024.)

Section § 17671

If a school or college is installing a standalone, open-sided shade structure from a pre-approved design list and the project cost is above a certain amount, they only need to spend up to 20% of the project's cost to make improvements for accessibility paths required by regulation.

The term 'adjusted construction cost' refers to a specific definition in another part of the regulations.

(a) Projects solely for the installation of freestanding, open-sided shade structures included on the Division of the State Architect pre-checked designs list where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the shade structure project.

(b) For purposes of this section, “adjusted construction cost” has the same meaning as in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations.

freestanding shade structures path of travel improvements Division of the State Architect pre-checked designs list construction cost limits accessibility compliance school district projects Title 24 regulations adjusted construction cost definition California Code of Regulations Chapter 11B charter school community college campus improvements Section 202.4 compliance open-sided structures

(Added by Stats. 2023, Ch. 489, Sec. 1. (SB 515) Effective January 1, 2024.)

Section § 17672

This law allows certain school projects that focus on improving ecological health, climate resilience, and student well-being to cap their costs for path of travel accessibility improvements at 20% of the total construction cost. To qualify, projects must improve nature on school grounds using plants and natural materials, such as tree planting, outdoor learning spaces, or stormwater management, and must comply with ADA and California Building Standards. Projects can't use synthetic materials like artificial turf or involve new building construction. These rules are in effect until January 1, 2032, and may have additional regulations from the Division of the State Architect starting in 2025.

(a) School projects approved by the Division of the State Architect on or before December 31, 2030, that improve community ecological health and climate resilience, or improve pupil well-being, learning, or pupil play, and that incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches on school grounds to support pupil engagement in the space, where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the project.

(b) In order to qualify for the limit of 20 percent of the adjusted construction cost of the project, as specified in subdivision (a), every effort shall be made not to significantly reduce accessible space and the project shall meet the applicable accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the California Building Standards Code and be, at a minimum, a project described in any of paragraphs (1) to (6), inclusive:

(1) A project to remove impervious pavement such as asphalt or concrete and to replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers.

(2) A project to plant trees or create schoolyard forests in places that pupils can access during the schoolday, designed to shade and protect pupils from extreme heat and rising temperatures.

(3) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds, and other beneficial wildlife, and improve local watersheds.

(4) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces.

(5) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects may include permeable surfaces, rainwater harvesting, and vegetated swales.

(6) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play.

(c) The following projects shall not be authorized to use the limit of 20 percent of the adjusted construction cost of the project, as specified in subdivision (a):

(1) Projects that do not include any live vegetation.

(2) Projects that include artificial turf; rubber surfaces, except for rubber ground surfaces that provide accessibility for pupils with disabilities; rubber tires; plastic; and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and the environment.

(3) Projects that use trees and other vegetation that are not climate adapted or that are invasive.

(4) Projects that include sports fields or sports courts.

(5) Projects that include the construction of a new building or the modernization of an existing building.

(d) The Division of the State Architect may adopt regulations to implement this section. If the Division of the State Architect adopts regulations pursuant to this section, school projects submitted pursuant to subdivision (a) on or after January 1, 2025, shall be subject to the adopted regulations.

(e) For purposes of this section, “adjusted construction cost” has the same meaning as in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations.

(f) This section shall remain in effect only until January 1, 2032, and as of that date is repealed.

community ecological health climate resilience pupil well-being living trees natural materials accessibility requirements impervious pavement removal outdoor education multibenefit stormwater project vegetative spaces heritage trees schoolyard forests biodiverse plant species path of travel improvements California Building Standards Code

(Added by Stats. 2024, Ch. 1014, Sec. 2. (SB 1091) Effective January 1, 2025. Repealed as of January 1, 2032, by its own provisions.)