California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 4 - Office of Public School Construction › Group 1 - State Allocation Board › Subgroup 5.8 - Regulations Relating to the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program › Article 1 - California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program › Section 1860.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of these Subgroup 5.8 regulations,
							 the terms set forth below shall have the following meanings:
"Application" means a request pursuant to the Program
							 to apply for grant funding for a school project.
"Apportionment" means a reservation of funds by the
							 Board for the purpose of funding Approved Applications for New Construction or
							 Retrofit to an applicant school district.
"Approved Application" means a School District has
							 submitted a Form SAB 70-01 and all documents to the Office of Public School
							 Construction (OPSC) that are required to be submitted with the Form SAB 70-01
							 as identified in the Specific Instructions Section of Form SAB 70-01.
"Board" means the State Allocation Board as
							 established by Section
							 15490 of
							 the Government Code.
"CALPADS" means the enrollment information provided
							 through the California Longitudinal Pupil Achievement Data System data as
							 reported to the California Department of Education.
"California Department of Education (CDE)" means the
							 offices within that department that have responsibility for school facilities
							 matters.
"Certification" means the act of affirmatively
							 representing, asserting or verifying circumstances, data or information as
							 required by the Program or this subgroup.
"Class B Construction Cost Index" is a construction
							 factor index for structures made of reinforced concrete or steel frames,
							 concrete floors, and roofs, and accepted and used by the Board.
"Classroom" means a teaching station that was
							 constructed or reconstructed to serve as an area in which to provide pupil
							 instruction but shall not include portable buildings unless it is an existing
							 classroom that is being retrofitted but not replaced.
"Classroom Provided" means a classroom acquired by
							 lease, lease-purchase, or purchase for which a contract has been signed for the
							 construction or acquisition of the classroom.
"County Fund" means the fund established in the
							 county treasury within each county for each school district in the
							 county.
"District Representative" means a member of a school
							 district staff or other agent authorized to serve as District Representative to
							 execute and file an application with the Board on behalf of the district and/or
							 act as a liaison between the Board and the district.
"Division of the State Architect (DSA)" means the
							 State office within the Department of General Services that reviews school
							 building plans and specifications for structural, fire safety and access
							 compliance.
"Encumbered for Specific Purposes" means a commitment
							 of funds by the school district to meet a legally binding obligation.
"Executive Officer" means the individual appointed by
							 the Governor to direct the Office of Public School Construction, and who
							 concurrently serves as Executive Officer to the Board.
"Facility" means all or a portion of any real
							 property, site improvements, utilities and/or buildings or other improvements
							 contained in the project.
"Field Act Facility" means a school building meeting
							 the requirements contained in Education Code Section
							 17280, et
							 seq.
"Financial Hardship" means State funding for all or a
							 portion of the district's matching share required by Section
							 1860.11 and
							 1860.13.
"Form SAB 70-01" means the
Application for
							 Funding
, Form SAB 70-01 (Rev. 09/22), which is incorporated by
							 reference.
"Form SAB 70-02" means the
Fund Release
							 Authorization
, Form SAB 70-02 (Rev. 01/22), which is incorporated by
							 reference.
"Form SAB 70-03" means the
Expenditure
							 Report
, Form SAB 70-03 (Rev. 09/22), which is incorporated by
							 reference.
"Full-Day Kindergarten Classroom" means a teaching
							 station that meets the design requirements required for new kindergarten
							 classrooms as specified in paragraph (2) of subdivision (h) of Section
							 14030 of Title 5 of the California
							 Code of Regulations.
"Full-Day Kindergarten Program" means an early
							 primary program that exceeds four hours, exclusive of recesses, and meets the
							 conditions of EC Section
							 8973.
"Fund" means the California Preschool, Transitional
							 Kindergarten and Full-Day Kindergarten Facilities Account established pursuant
							 to Education Code Section
							 17375(a).
"Governmental Agency" shall include but is not
							 limited to a public entity as defined in Government Code Section
							 7260(a)
							 including California federally recognized or historically established tribal
							 governments.
"Grant Agreement" means
Grant
							 Agreement
(Rev. 01/22), for the California Preschool, Transitional
							 Kindergarten and Full-Day Kindergarten Facilities Grant Program, which is
							 incorporated by reference.
"In Escrow, Governmental Entities" means the approval
							 and signature of instrument(s) that will convey a specified school parcel or
							 site from the public/government entity including the federal government for a
							 determinable sum, and for a determinable date of acquisition which may be based
							 on the School District's receipt of funding from the State.
"In Escrow, Non-Governmental Entities" means the
							 deposit of signed instrument(s) and/or funds with instructions with a title
							 company or escrow agent to carry out the provisions of an agreement or contract
							 to acquire a specified school parcel or site for a determinable sum, and for a
							 determinable date of acquisition which may be based on the School District's
							 receipt of funding from the State.
"Instrument" means a written, legally enforceable
							 agreement, approved and signed by all parties to the escrow, for the conveyance
							 to the district of real estate for a specified parcel or site, that includes a
							 compensation clause and either a purchase option agreement, a purchase
							 agreement, promissory note, lease agreement, installment sales contract, gift,
							 or other real estate conveyance valid in the State of California for property
							 conveyed from a public/government entity, including the federal
							 government.
"Interim Housing" means the rental or lease of
							 classrooms used to house pupils temporarily displaced as a result of the
							 retrofit of classroom facilities.
"Low Income" shall be the percentage of pupils deemed
							 eligible for Free and Reduced Price School Meals as identified in the Free and
							 Reduced Price School Meals data on file at the CDE. The data on file with CDE
							 shall be determined to be the information collected for the month of October,
							 prior to application submittal, and any errors and omissions amendments to that
							 information for that time period that have been received and approved by the
							 CDE.
"New Construction" means a construction project to
							 adequately house kindergarten pupils in an approved project, which shall
							 include the costs of design, engineering, testing, inspections, plan checking,
							 construction management, site acquisition and development, evaluation and
							 response action costs relating to hazardous substances at a new or existing
							 schoolsite, demolition, construction, landscaping, necessary utility costs,
							 utility connections and other related fees, equipment including
							 telecommunication equipment to increase school security, furnishings, the
							 upgrading of electrical systems, and the wiring or cabling of classrooms in
							 order to accommodate educational technology.
"New Construction Grant" means the funding provided
							 pursuant to EC Section
							 17375(f)(1) and
							 Sections 1860.9 through
							 1860.10.3.
"Office of Public School Construction (OPSC)" means
							 the State office within the Department of General Services that assists the
							 Board as necessary and administers the Program on behalf of the
							 Director.
"Part-Day Kindergarten Program" means an early
							 primary program that does not exceed four hours, exclusive of recesses,
							 pursuant to EC Section
							 46111.
"Phase One Environmental Site Assessment (POESA)"
							 means a preliminary assessment of a property to determine whether there has
							 been or may have been a release of a hazardous material, or whether a naturally
							 occurring hazardous material is present, based on reasonably available
							 information about the property and the area in its vicinity. A Phase One
							 Environmental Site Assessment shall meet the most current requirements adopted
							 by the American Society for Testing and Materials (ASTM) for Standard Practice
							 for Environmental Site Assessments: Phase One Environmental Site Assessment
							 Process or meet the requirements of Part 312 (commencing with Section
							 312.1) of Title 40 of the Code of
							 Federal Regulations. That ASTM Standard Practice for Environmental Site
							 Assessments or the requirements of Part 312 (commencing with Section
							 312.1) of Title 40 of the Code of
							 Federal Regulations shall satisfy the requirements of this article for
							 conducting a Phase One Environmental Site Assessment unless and until the
							 Department of Toxic Substances Control adopts final regulations that establish
							 guidelines for a Phase One Environmental Site Assessment for purposes of school
							 sites that impose different requirements.
"Piggyback Contract" means a contract for acquisition
							 of personal property, without advertising for bids, as authorized by Public
							 Contract Code Section
							 20118.
"Portable Classroom" means a classroom building of
							 one or more stories that is designed and constructed to be relocatable and
							 transportable over public streets, and with respect to a single story portable
							 classroom, is designed and constructed for relocation without the separation of
							 the roof or floor from the building and when measured at the most exterior
							 walls, has a floor area not in excess of 2,000 square feet.
"Preschool Classroom" means a preschool classroom
							 used or proposed to be used for instructional purposes in a California state
							 preschool program.
"Preschool Program" means a full-day California state
							 preschool program pursuant to Article 2 (commencing with Section
							 8207) of Chapter 2 of Part
							 6.
"Project" means the purposes for which the Grantee
							 has applied for the Grants detailed in these Subgroup 5.8 regulations.
"Program" means the California Preschool,
							 Transitional Kindergarten and Full-Day Kindergarten Facilities Grant
							 Program.
"Property" includes all property, real, personal or
							 mixed, tangible or intangible, or any interest therein necessary or desirable
							 for carrying out the purposes of these Subgroup 5.8 regulations.
"Pupil" means a student enrolled in any grade
							 Preschool, Transitional Kindergarten and Kindergarten through grade
							 twelve.
"Ready for Apportionment" means a final review of an
							 Approved Application has been completed by OPSC and it has been determined that
							 it meets all requirements of law for an Apportionment and OPSC will recommend
							 approval to the Board.
"Remedial Action Plan (RAP)" means a plan approved by
							 the Department of Toxic Substances Control (DTSC) pursuant to Health and Safety
							 Code Section
							 25356.1.
"Response Action (RA)" means the removal of hazardous
							 materials and solid waste, the removal of hazardous substances, and other
							 remedial actions in connection with hazardous substances at the site.
"Retrofit" means a construction project to retrofit
							 an existing school facility to adequately house kindergarten pupils, which
							 shall only include the costs of design, engineering, testing, inspection, plan
							 checking, construction management, demolition, construction, necessary utility
							 costs, utility connection and other related fees, the purchase and installation
							 of air-conditioning equipment and insulation materials and related costs,
							 furniture and equipment, including telecommunication equipment to increase
							 school security, fire safety improvements, playground safety improvements, the
							 identification, assessment, or abatement of hazardous asbestos, seismic safety
							 improvements, the upgrading of electrical systems, and the wiring or cabling of
							 classrooms in order to accommodate educational technology.
"Retrofit Grant" means the funding provided pursuant
							 to Education Code Section
							 17375(f)(2)
							 and Section
							 1860.12.
"School District" shall have the meaning set forth in
							 Education Code Sections
							 81 through
							 87,
							 inclusive. "School District" shall not include county offices of education,
							 charter schools, joint powers authorities, or the State Department of
							 Education. For preschool facilities grants only, "school district" includes
							 county offices of education, or a community college district that operates a
							 preschool program on behalf of, or in lieu of, a school district or county
							 office of education.
"Small School District" means a School District with
							 current districtwide enrollment, including pupils enrolled in grades K-12,
							 continuation high pupils and special day class pupils, that is 2,500 or
							 less.
"Transitional Kindergarten" means a program that
							 provides education continuity from preschool to kindergarten pursuant to EC
							 Section 8974.
"Useable Acres" means the gross acreage of a school
							 site less any portion of the site publicly dedicated for off-site street
							 improvements and any portion of the site not available for school purposes as
							 determined by the CDE because of topological impediments or because of other
							 unique circumstances.
1. New
							 section filed 12-14-2018 as an emergency; operative 12-14-2018 (Register 2018,
							 No. 50). A Certificate of Compliance must be transmitted to OAL by 6-12-2019 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 12-14-2018 order transmitted
							 to OAL 6-11-2019 and filed 7-17-2019 (Register 2019, No. 29).
3. New
							 definitions of "Full-Day Kindergarten Program" and "Part-Day Kindergarten
							 Program" filed 2-18-2020 as an emergency; operative 2-18-2020 (Register 2020,
							 No. 8). A Certificate of Compliance must be transmitted to OAL by 8-17-2020 or
							 emergency language will be repealed by operation of law on the following
							 day.
4. Certificate of Compliance as to 2-18-2020 order transmitted
							 to OAL 8-14-2020 and filed 9-24-2020 (Register 2020, No. 39).
5.
							 Amendment of definitions of "Grant Agreement," "New Construction" and
							 "Retrofit" filed 1-19-2021 as an emergency; operative 1-19-2021 (Register 2021,
							 No. 4). Emergency expiration extended 60 days (Executive Order N-40-20) plus an
							 additional 60 days (Executive Order N-71-20). A Certificate of Compliance must
							 be transmitted to OAL by 11-16-2021 or emergency language will be repealed by
							 operation of law on the following day.
6. Certificate of Compliance
							 as to 1-19-2021 order transmitted to OAL 7-1-2021 and filed 8-13-2021 (Register
							 2021, No. 33).
7. New definitions of "CALPADS," "Preschool
							 Classroom," "Preschool Program" and "Transitional Kindergarten," repealer of
							 definitions of "CBEDS Report" and "Elementary School Pupil" and amendment of
							 definitions of "Form SAB 70-01," "Form SAB 70-02," "Form SAB 70-03," "Fund,"
							 "Grant Agreement," "Program," "Pupil" and "School District" filed 3-21-2022 as
							 an emergency; operative 3-21-2022 (Register 2022, No. 12). A Certificate of
							 Compliance must be transmitted to OAL by 9-19-2022 or emergency language will
							 be repealed by operation of law on the following day.
8. Certificate
							 of Compliance as to 3-21-2022 order transmitted to OAL 9-16-2022 and filed
							 10-27-2022; amendments effective 10-27-2022 pursuant to Government Code section
							 11343.4(b)(3)
							 (Register 2022, No. 43).
9. Amendment of definitions of "Form SAB
							 70-01," "Form SAB 70-03" and "School District" filed 11-16-2022 as an
							 emergency; operative 11-16-2022 (Register 2022, No. 46). A Certificate of
							 Compliance must be transmitted to OAL by 5-15-2023 or emergency language will
							 be repealed by operation of law on the following day.
10.
							 Certificate of Compliance as to 11-16-2022 order transmitted to OAL 5-8-2023
							 and filed 6-20-2023 (Register 2023, No. 25).
Note: Authority cited: Sections
								17280 and
								17375,
								Education Code. Reference: Sections
								17280 and
								17375,
								Education Code; and Section
								1771.5, Labor
								Code.