2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 8 - Miscellaneous › ARTICLE 2 - Use of School Property, Public Purposes › Section 82542.

82542. (a) Except as provided in subdivision (b), the governing board of a community college district may grant without charge the use of any college facilities or grounds under its control, pursuant to the requirements of this article, when an alternative location is not available, to nonprofit organizations and clubs and associations organized for athletic activities for youth, charitable purposes, educational purposes, or the civic well-being of the community.
(b) For purposes of subdivision (a), the governing board of a community college district may charge an amount not to exceed the following:
(1) The cost of opening and closing the facilities, if no community college employees would otherwise be available to perform that function as a part of their normal duties.
(2) The cost of a community college employee’s presence during the organization’s use of the facilities, if the governing board determines that the supervision is needed, and if that employee would not otherwise be present as part of the employee’s normal duties.
(3) The cost of janitorial services, if the services are necessary, and would not have otherwise been performed as part of the janitor’s normal duties.
(4) The cost of utilities directly attributable to the organization’s use of the facilities.
(c) The governing board of a community college district may charge an amount not to exceed its direct costs or not to exceed the fair rental value of college facilities and grounds under its control, and pursuant to the requirements of this article, for activities other than those specified in subdivision (a). A governing board that decides to levy these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs and which activities shall be charged an amount not to exceed fair rental value.
(1) As used in this section, “direct costs” to the community college district for the use of college facilities or grounds means those costs of supplies, utilities, janitorial services, services of any other community college district employees, and salaries paid community college district employees necessitated by the organization’s use of the college facilities and grounds of the community college district.
(2) As used in this section, “fair rental value” means the direct costs to the community college district, plus the amortized costs of the college facilities or grounds used for the duration of the activity authorized.
(d) The governing board of a community college district that authorizes the use of college facilities or grounds for the purpose specified in subdivision (e) shall charge the church or religious denomination an amount at least equal to the fair rental value of the facilities or grounds.
(e) The governing board of a community college district may grant the use of college facilities or grounds to any church or religious organization for the conduct of religious services for temporary periods where the church or organization has no suitable meeting place for the conduct of these services upon the terms and conditions as the governing board deems proper, and subject to the limitations, requirements, and restrictions set forth in this article. The governing board shall charge the church or religious organization using the property for the conduct of religious services a fee as specified in subdivision (d).
(f) For entertainment or a meeting where an admission fee is charged or a contribution is solicited and the net receipts of the admission fees or contributions are not expended for the welfare of the students of the community college district or for charitable purposes, a charge shall be made for the use of the college facilities, property, and grounds, which charge shall not be less than the fair rental value for the use of the college facilities, property, and grounds, as determined by the governing board of the community college district.
(g) The governing board of a community college district may permit the use, without charge, by organizations, clubs, or associations organized for youth or senior citizens and for cultural activities.
(h) The governing board of a community college district may grant the use of college facilities, grounds, and equipment to public agencies, including the American Red Cross, for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare, and may cooperate with these agencies in furnishing and maintaining services deemed by the governing board to be necessary to meet the needs of the community.
(i) This section shall be operative on and after January 1, 2025.
(Amended (as amended by Stats. 2019, Ch. 492, Sec. 5) by Stats. 2023, Ch. 66, Sec. 3. (AB 1151) Effective January 1, 2024. Section operative January 1, 2025, by its own provisions.)