(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 employeeâs presence during the organizationâs 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 employeeâs normal duties. (3) The cost of janitorial services, if the services are necessary, and would not have otherwise been performed as part of the janitorâs normal duties. (4) The cost of utilities directly attributable to the organizationâs 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. (d) (1) As used in this section, âdirect costsâ to the community college district for the use of college facilities or grounds includes all of the following: (A) The share of the costs of supplies, utilities, janitorial services, services of any other community college district employees, and salaries paid to community college district employees to operate and maintain college facilities or grounds that is proportional to the organizationâs use of the college facilities and grounds of the community college district pursuant to this section. (B) The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the college facilities or grounds by the organization using the college facilities or grounds under this section. For purposes of this subparagraph, âcollege facilitiesâ shall be limited to only nonclassroom space, and âgroundsâ shall include, but not be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. (2) The share of the costs for maintenance, repair, restoration, and refurbishment shall not apply to either of the following: (A) Classroom-based programs that operate after school hours, including, but not limited to, after school programs, tutoring programs, or childcare programs. (B) Organizations retained by the college or community college district to provide instruction or instructional activities to students during school hours. (3) Funds collected pursuant to this subdivision shall be deposited into a special fund that shall only be used for purposes of this section. (e) By December 31, 2015, the Chancellor of the California Community Colleges shall develop, and the Board of Governors of the California Community Colleges shall adopt, regulations to be used by a governing board of a community college district in determining the proportionate share and the specific allowable costs that a community college district may include as direct costs for the use of its college facilities or grounds. (f) As used in this section, âfair rental valueâ means the direct costs to the community coll
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