California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 8 - Construction › Subchapter 1 - Community College Construction Act › Section 57001.5 - Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
				  chapter "project" means the purpose for which a community college district has
				  applied for assistance under chapter 4 of part 49 of the Education Code for one
				  or more institutions under its authority or for district wide facilities. A
				  project may include the planning, acquisition, and improvement of community
				  college sites; the planning, construction, reconstruction. or remodeling of any
				  permanent structure necessary for use as a classroom, a laboratory, a library,
				  a performing arts facility, a gymnasium, the basic outdoor physical education
				  facilities, the basic food service facilities, or child development centers,
				  pursuant to section
				  79120 of
				  the Education Code; related facilities necessary for the instruction of
				  students or for administration of the educational program; maintenance or
				  utility facilities essential to the operation of the foregoing facilities and
				  the initial acquisition of equipment. A project may also include the initial
				  furnishing of, and initial acquisition of equipment for, any facility leased or
				  lease-purchased by a community college district as of August 1, 1987, for
				  educational purpose or purposes.
(b) A project may also include the
				  reconstruction or remodeling of any facility leased or lease-purchased for
				  educational purposes. The Chancellor's Office shall require transfer to the
				  community college district of title or any other interest considered sufficient
				  by the district, in and to facilities presently leased or to be leased in the
				  future by the district, to the extent of the funds appropriated for
				  reconstruction or remodeling of leased facilities. When sufficient title or
				  interest has not been transferred, the term of the lease shall be of sufficient
				  duration to completely amortize the reconstruction or remodeling cost. Such
				  amortization shall be determined by utilizing current interest rates and normal
				  accounting practices. If the lease is terminated prior to amortizing the
				  reconstruction or remodeling costs the district shall repay the state for any
				  unamortized state costs.
A project consisting of the construction of any facilities
					 listed in subdivision (a) on property that conforms to subdivision (b) of
					 section
					 81530 of
					 the Education Code shall be eligible for state funding. For any project that is
					 constructed under this paragraph, the term of the lease shall be of sufficient
					 duration to completely amortize the cost of the project and the governing board
					 of the community college district shall provide in the lease agreement a hold
					 harmless clause satisfactory to the lessor. The amortization shall be
					 determined by utilizing current interest rates and normal accounting practices.
					 If the lease is terminated prior to amortizing the project, the district shall
					 pay the state for any unamortized state costs.
(c) The projects defined by subdivisions (a)
				  and (b) of this section shall not be construed as a commitment by the Board of
				  Governors as to the type or possible number of projects that may be considered
				  during any fiscal year.
(d) A
				  project shall not include the planning or construction of dormitories, student
				  centers other than cafeterias, stadia, the improvement of sites for student or
				  staff parking, or single-purpose auditoriums.
1. New
					 section filed 3-4-91 by Board of Governors of California Community Colleges
					 with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted
					 to OAL for printing only pursuant to Education Code Section
					 70901.5(b).
2.
					 Editorial correction of printing error in subsection (a) (Register 91, No.
					 43).
3. Editorial correction of HISTORY 1 (Register 95, No.
					 23).
Note: Authority cited: Sections
						66700 and
						70901,
						Education Code. Reference: Section
						70901,
						Education Code.