reglab/statecodes huggingface dataset:
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 10 - Fund Release and Priority Points › Section 1859.90.5 - Local Bond Reimbursement Fund Releases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a school district uses local bond funds to make
							 eligible project expenditures authorized in the Leroy F. Greene Act and state
							 school bond funds are made available to reimburse the state's share of those
							 eligible project expenditures, the reimbursement funds shall be used as
							 follows:
(a) Toward retiring the local
						  bonds; and/or
(b) Toward uses
						  permitted by the local bond, or
(c)
						  For any high priority capital outlay expenditure in the district as permitted
						  in Education Code Section
						  17070.63(c).
The use of the reimbursement funds in accordance with
							 this section shall be subject to oversight by the applicable county office of
							 education pursuant to Education Code Section
							 1240.
1.
							 Renumbering of former section
							 1859.90.4 to new section
							 1859.90.5 filed 9-20-2017 as an
							 emergency; operative 9-20-2017 (Register 2017, No. 38). A Certificate of
							 Compliance must be transmitted to OAL by 3-19-2018 or emergency language will
							 be repealed by operation of law on the following day.
2. Certificate
							 of Compliance as to 9-20-2017 order transmitted to OAL 3-15-2018 and filed
							 4-23-2018 (Register 2018, No. 17).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Sections
								17070.63
								and
								17072.35,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 10 - Fund Release and Priority Points › Section 1859.91 - Implementation of Priority Points Due to Insufficient State Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Regulation shall only apply to Approved
							 Applications for New Construction Grants funded with the proceeds of state
							 bonds approved by the voters prior to January 1, 2002.
(a) The OPSC shall report to the Board on a
						  monthly basis the amount of funds available for New Construction Grants and
						  Modernization Grants and the estimated amount of Approved Applications for New
						  Construction Grants and Modernization Grants not yet apportioned. The Board
						  shall implement a priority point mechanism described in (b) for New
						  Construction Grants requests when either of the following occur:
(1) The amount of Approved Applications for
						  New Construction Grants and Modernization Grants not yet apportioned exceed the
						  funds available for New Construction Grants and Modernization Grants.
(2) The funds available for New Construction
						  Grants are $300 million or less.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 10 - Fund Release and Priority Points › Section 1859.92 - Priority Points For New Construction Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Regulation shall only apply to Approved
							 Applications for New Construction Grants funded with the proceeds of state
							 bonds approved by the voters prior to January 1, 2002.
The priority points allowed for a New Construction
							 Grants request shall be based on the following computations rounded up to the
							 nearest whole number. The computation shall be made on a districtwide basis if
							 the district utilized districtwide CBEDS enrollment data reported on the Form
							 SAB 50-01 in effect at the time the district's application for funding was
							 submitted to the OPSC for the project. When multiple applications have the same
							 Approved Application date, or have an Approved Application date which permits
							 the projects to be Ready for Apportionment in the same quarter when priority
							 points are implemented as provided in Section
							 1859.91, the priority order shall
							 be as requested by the district on the Form SAB 50-04. The computation shall be
							 made on a HSAA or Super HSAA basis if the district utilized HSAA or Super HSAA
							 CBEDS enrollment data reported on the Form SAB 50-01 in effect at the time the
							 district's application for funding was submitted to the OPSC for the project.
							 Notwithstanding the provisions of Section
							 1859.41, a district that has
							 previously reported its enrollment on a HSAA or Super HSAA basis may calculate
							 both its eligibility and its priority points on a districtwide basis. A project
							 shall receive priority points based on the total of (a), (b) and (c):
(a) Priority points for the percent of
						  unhoused pupils for both of the following:
(1)
						  Six points for each percent of current unhoused pupils.
(2) Four points for each percent of projected
						  unhoused pupils.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 10 - Fund Release and Priority Points › Section 1859.93.2 - New Construction Adjusted Grant for the Small High School Program. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 3-14-2006; operative 3-14-2006 pursuant to Government Code
							 section
							 11343.4
							 (Register 2006, No. 11).
2. Repealer filed 8-16-2012; operative
							 8-16-2012 pursuant to Government Code section
							 11343.4
							 (Register 2012, No. 33).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Section
								17072.10,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 10 - Fund Release and Priority Points › Section 1859.93.3 - New Construction Small High School Program Funding Order. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 3-14-2006; operative 3-14-2006 pursuant to Government Code
							 section
							 11343.4
							 (Register 2006, No. 11).
2. Repealer filed 8-16-2012; operative
							 8-16-2012 pursuant to Government Code section
							 11343.4
							 (Register 2012, No. 33).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Section
								17072.10,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 10 - Fund Release and Priority Points › Section 1859.94 - Hardship Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Hardship assistance provided as a part of a New Construction Grant shall be
						  subject to the same priority point determination as the New Construction
						  Grant.
(b) To the extent that
						  hardship funds are available, the Board may elect to specifically set aside
						  funding for financial hardship grants as provided in Section
						  1859.81, facility hardship grants
						  as provided in Section
						  1859.82 or Excessive Cost Hardship
						  Grants as provided in Section
						  1859.83.
(c) Should a district request hardship
						  funding for either a financial hardship grant pursuant to Section
						  1859.81, a facility hardship grant
						  pursuant to Section
						  1859.82 or an Excessive Cost
						  Hardship Grant pursuant to Section
						  1859.83 and the Board has no funds
						  to allocate for that specific hardship, the district may elect to either:
(1) Accept funding for the project less any
						  hardship funding grants that are not available. When this option is selected,
						  the hardship funding grants not allocated for the project shall be placed on
						  the Unfunded List. If the project was previously placed on the Unfunded List,
						  the project shall retain the original date it was placed on that Unfunded
						  List.
(2) Decline to accept funding
						  for the project. When this option is selected, the project shall be placed on
						  the Unfunded List. If the project was previously placed on the Unfunded List,
						  the project shall retain the original date it was placed on that Unfunded List.
A project or portion of a new construction project
							 not funded as a result of subdivision (c) shall be subject to the Board's
							 priority point mechanism pursuant to Sections
							 1859.91 and
							 1859.92.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 10 - Fund Release and Priority Points › Section 1859.95.1 - Applications Received When Bond Authority Is Unavailable

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Section shall not apply to Approved Application
							 for Joint-Use Funding, Approved Application for Career Technical Education
							 Facilities Project Funding, a Form SAB 50-04 submitted for Critically
							 Overcrowded Schools Facilities funding, (commencing with Section
							 1859.140), Charter School
							 Facilities Program funding (commencing with Section
							 1859.160), or for Overcrowding
							 Relief Grants.
(a) When the Board has
						  Insufficient Bond Authority to apportion the School District's funding request
						  on the Form SAB 50-04, the following will apply:
(1) The Office of Public School Construction
						  (OPSC) will receive and determine if the Form SAB 50-04 is an Approved
						  Application. To be placed on the Applications Received Beyond Bond Authority
						  List, the Approved Application for funding shall be accompanied by a school
						  board resolution, as specified in paragraph (b) of this Section. The OPSC will
						  not determine if the Approved Application is Ready for Apportionment.
(2) A School District seeking financial
						  hardship funding will not be required to submit a financial hardship status
						  preapproval request pursuant to Section
						  1859.81. The OPSC will not process
						  requests for financial hardship status. The School District may continue to
						  submit the Form SAB 50-04 pursuant to (a)(1).
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 10 - Fund Release and Priority Points › Section 1859.96 - Inactive Apportionments Under a State of California Fiscal Crisis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event of a fiscal emergency or crisis on the
							 part of the State of California, the Board can make a finding that a project
							 has an Inactive Apportionment, as defined in Regulation Section
							 1859.2, that no longer meets the
							 meaning of Apportionment as defined in Education Code Section
							 17070.15,
							 and that the 18-month requirement set forth in Education Code Section
							 17076.10(d)
							 is therefore suspended as of December 17, 2008 and until such time as the Board
							 finds that State bond funds are available for the project when the balance of
							 the 18-month time period which existed on December 17, 2008 shall resume. Once
							 the Board finds that State bond funds are available for the project, the
							 18-month requirement set forth in Education Code Section
							 17076.10(d)
							 shall resume but in no case shall that period of time exceed a total of 18
							 months while the subject project has an Apportionment. Each project will resume
							 where its originating period of time was suspended, as of December 17, 2008. An
							 Apportionment for projects impacted by this Section is full and final, pursuant
							 to Education Code Section
							 17070.63.
This regulation section shall become inoperative
							 January 1, 2011.
1. New
							 section filed 4-9-2009 as an emergency; operative 4-9-2009 (Register 2009, No.
							 15). A Certificate of Compliance must be transmitted to OAL by 10-6-2009 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 4-9-2009 order transmitted
							 to OAL 9-24-2009 and filed 11-3-2009 (Register 2009, No. 45).
3.
							 Amendment of last paragraph filed 12-22-2009 as an emergency; operative
							 12-22-2009 (Register 2009, No. 52). A Certificate of Compliance must be
							 transmitted to OAL by 6-21-2010 or emergency language will be repealed by
							 operation of law on the following day.
4. Certificate of Compliance
							 as to 12-22-2009 order transmitted to OAL 3-9-2010 and filed 4-21-2010
							 (Register 2010, No. 17).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Sections
								17070.35,
								17072.30,
								17072.32,
								17074.16
								and
								17076.10,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.103 - Savings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A district may expend the savings not needed for a
							 project on other high priority capital facility needs of the district including
							 the relocation of district facilities necessary as a result of Subdivision (b)
							 of Education Code Section
							 17072.12.
							 Savings may be declared by the district in writing to the OPSC any time after
							 the release of all funds for the project.
Any interest earned on a project not expended on
							 eligible project expenditures will be treated as savings.
Note: Authority cited: Section 17070.35, Education
								Code. Reference: Sections 17070.63, 17072.12, 17077.40 and 17079.20, Education
								Code.
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Sections
								17070.63,
								17072.12,
								17077.40
								and
								17079.20,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.104 - Program Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A district receiving funds in accordance with the Act
							 shall submit the following:
(a) An
						  expenditure report from the district on the Form SAB 50-06. The program
						  reporting requirements are as follows:
(1)
						  The first expenditure report shall be due one year from the date that any funds
						  were released to the district for the project pursuant to Section
						  1859.90 or
						  1859.90.2, or upon completion of
						  the project, whichever occurs first. A project shall be deemed complete when
						  either of the following occur:
(A) When the
						  notice of completion for the project has been filed, all outstanding invoices,
						  claims, change orders have been satisfied and the facility is currently in use
						  by the district.
(B) Three years
						  from the date of the final fund release for an elementary school project or
						  four years from the date of the final fund release for a middle or high school
						  project.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.104.1 - Material Inaccuracy Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Board makes a finding that a Material
							 Inaccuracy occurred for a SFP Project, the district shall be subject to the
							 following penalties:
(a) If the
						  Material Inaccuracy finding occurred prior to the apportionment, the district
						  shall be:
(1) Prohibited from self-certifying
						  the project information for a period of up to five years from the date the
						  Board made the finding of Material Inaccuracy for the project. A prohibition
						  from self-certification of project information may be less than five years as
						  determined on a case-by-case basis by the Board.
(2) Required to file all projects pursuant to
						  Section 1859.104.2. for the time period
						  required in subsection (a)(1).
(3)
						  Subject to the fee prescribed by Section
						  1859.104.3.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.104.2 - Self-Certification Prohibition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board has made a finding of Material
							 Inaccuracy pursuant to Section
							 1859.104.1, the OPSC may request
							 supporting documentation as it deems appropriate for any application filed
							 after a finding of material inaccuracy for the time prescribed in
							 1859.104.1(a)(1), (b)(2) or (c)(2).
1. New
							 section filed 5-2-2002; operative 6-1-2002 (Register 2002, No.
							 18).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Section
								17070.51,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.104.3 - Self-Certification Prohibition Processing Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board has made a finding of Material
							 Inaccuracy pursuant to Section
							 1859.104.1, the Board shall charge
							 the district an amount of $100 per hour for the additional hours necessary to
							 process and review the district's applications submitted during the timelines
							 prescribed in Section
							 1859.104.1(a)(1), (b)(2) or
							 (c)(2). The maximum hours subject to the fee
							 per application is the greater of 50 hours or one percent of the enrollment of
							 the district as reported in Part A, the continuation high pupils reported in
							 Part C, and the special day class pupils reported in Part D of Form SAB 50-01.
							 The Board will not make a release of funds for any project subject to the fee
							 in this section until the fee has been remitted to the OPSC. All fees collected
							 shall be deposited in the School Facility Fund and available for apportionment
							 as directed by the Board.
1. New
							 section filed 5-2-2002; operative 6-1-2002 (Register 2002, No.
							 18).
2. Amendment filed 11-4-2002 as an emergency; operative
							 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section
							 17070.35 a
							 Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency
							 language will be repealed by operation of law on the following
							 day.
3. Certificate of Compliance as to 11-4-2002 order transmitted
							 to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
4.
							 Amendment filed 10-27-2005; operative 10-27-2005 pursuant to Government Code
							 section
							 11343.4
							 (Register 2005, No. 43).
5. Amendment filed 3-3-2008 as an
							 emergency; operative 3-3-2008 (Register 2008, No. 10). A Certificate of
							 Compliance must be transmitted to OAL by 9-2-2008 or emergency language will be
							 repealed by operation of law on the following day.
6. Certificate of
							 Compliance as to 3-3-2008 order, including further amendment of section,
							 transmitted to OAL 6-9-2008 and filed 7-10-2008 (Register 2008, No.
							 28).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Section
								17070.51,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.105 - Program Accountability Progress Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the district has received funds for
						  a SFP project, the Board shall conduct a review to assure the district has made
						  substantial progress in the completion of the project pursuant to Education
						  Code Section
						  17076.10(b).
						  The review shall consist of an analysis of the district's progress report in
						  accordance with Section
						  1859.104(b).
						  Sufficient evidence of substantial progress shall be any of the following:
(1) At least 75 percent of all site
						  development work that is necessary prior to building construction activity is
						  complete.
(2) At least 90 percent
						  of the building construction activities are under contract, unless the building
						  construction activities are delayed as a result of necessary site development
						  work.
(3) All construction
						  activities are at least 50 percent complete.
(4) Other evidence satisfactory to the Board
						  of circumstances beyond the control of the district that precludes substantial
						  progress being made.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.105.1 - Program Accountability Environmental Hardship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the district has received funds
						  pursuant to Section
						  1859.75.1, the Board shall conduct
						  a review to assure the district has made progress towards acquisition of the
						  site pursuant to Education Code Section
						  17072.13(c)(2).
						  The review shall consist of an analysis of the district's progress report in
						  accordance with Section
						  1859.104(c).
						  Acceptable evidence of substantial progress shall be when the district has
						  completed all of the following:
(1) Obtained
						  the final appraisal of the site.
(2) Completed all California Environmental
						  Quality Act requirements.
(3)
						  Obtained final approval of the site by the CDE.
(4) Provided final escrow instructions or
						  evidence the district has filed condemnation proceedings and intends to request
						  an order of possession of the site.
After the Board has received the progress report
							 required in Section
							 1859.104(c) a
							 review and analysis of the report by the OPSC will be made for compliance with
							 this Section within 60 days of the submittal of the report by the district. The
							 OPSC must notify the district within 60 days of the submittal of the report if
							 it intends to recommend to the Board that the district has not made progress
							 towards acquiring the site. If the OPSC does not respond to the district within
							 60 days of submittal of the report, the OPSC concurs with the district that it
							 has made progress to the site acquisition.
Should the OPSC respond within 60 days of submittal
							 of the progress report by the district that no progress has been made towards
							 site acquisition or the district fails to submit the progress report within the
							 timelines in Section
							 1859.104(c), the
							 OPSC will recommend at the next available Board meeting that the site
							 apportionment for the project be rescinded and that any interest earned on
							 State funds be returned to the State. If the apportionment is rescinded as a
							 result of a finding by the Board that no progress has been made towards
							 acquiring the site, the pupils assigned to the project will be added to the
							 district's baseline eligibility.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.105.2 - Program Accountability for District-Owned Site Acquisition Cost

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the district has received funds pursuant to
							 Section 1859.74.5 for a district-owned site
							 and has not submitted the certification required pursuant to Section
							 1859.104(d), the
							 site apportionment is subject to the provisions of material inaccuracy as
							 prescribed in Education Code Section
							 17070.51.
1. New
							 section filed 2-6-2003; operative 2-6-2003 pursuant to Government Code section
							 11343.4
							 (Register 2003, No. 6).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Sections
								17070.51
								and
								17072.12,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.108 - Extension of Fire Code Requirements Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A portable building that has received a three-year
							 exemption by the Division of the State Architect from the fire code
							 requirements described in Education Code Sections
							 17074.50
							 and
							 17074.52
							 may receive up to an additional three-year extension of that exemption provided
							 all the following criteria are met:
(a) The portable was acquired or leased with
						  SFP modernization funds.
(b) The
						  portable was used solely for interim housing during the construction of a SFP
						  modernization project.
(c) The
						  portable building meets the definition outlined in Subdivision (c) of Education
						  Code Section
						  17074.54.
(d) The district has presented acceptable
						  evidence to the Board that the portable building continues to be needed to
						  house pupils as a result of the SFP modernization project.
1. New
							 section filed 8-12-2002 as an emergency; operative 8-12-2002 (Register 2002,
							 No. 33). A Certificate of Compliance must be transmitted to OAL by 12-10-2002
							 or emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 8-12-2002 order transmitted
							 to OAL 12-3-2002 and filed 1-16-2003 (Register 2003, No.
							 3).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Section
								17074.54,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 12 - Joint-Use Project Grant Determination › Section 1859.120 - General (Joint-Use Project Funding)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A district seeking Joint-Use Project funding pursuant
							 to the provisions of Education Code Section
							 17077.40,
							 shall complete and file Form SAB 50-07.
If the Joint-Use Project will serve more than one
							 grade configuration or the Joint-Use Project will serve multiple public school
							 sites, the Joint-Use Project eligibility and funding will be determined based
							 on the highest grade level served by the facility.
1. New
							 article 12 (sections
							 1859.120-1859.130) and section
							 filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45).
							 Pursuant to Education Code section
							 17070.35 a
							 Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 11-4-2002 order transmitted
							 to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
3.
							 Amendment adding second paragraph filed 5-21-2004 as an emergency; operative
							 5-21-2004 (Register 2004, No. 21). A Certificate of Compliance must be
							 transmitted to OAL by 9-20-2004 or emergency language will be repealed by
							 operation of law on the following day.
4. Certificate of Compliance
							 as to 5-21-2004 order transmitted to OAL 9-20-2004 and filed 11-2-2004
							 (Register 2004, No. 45).
Note: Authority cited: Sections
								17070.35
								and
								17075.15,
								Education Code. Reference: Section
								17077.40,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 12 - Joint-Use Project Grant Determination › Section 1859.122 - Type I Joint-Use Program Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A district requesting funding for a Type I Joint-Use
							 Project may submit Form SAB 50-07 to the OPSC if all the following criteria are
							 met:
(a) The plans and specifications
						  for the Type I Joint-Use Project are included in the plans and specifications
						  for a new school or an addition to an existing public school for which the
						  district has requested SFP new construction funding.
(b) The Type I Joint-Use Project will be
						  located on the same site where the SFP new construction project is
						  located.
(c) The Type I Joint-Use
						  Project will increase the square footage and/or Extra Cost for any of the
						  following proposed facilities included in the SFP new construction project:
(1) A multipurpose room.
(2) A gymnasium.
(3) A Childcare facility.
(4) A library.
(5) A Teacher Education
						  facility.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 12 - Joint-Use Project Grant Determination › Section 1859.122.1 - Type II Joint-Use Program Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A district requesting funding for a Type II Joint-Use
							 Project may submit Form SAB 50-07 to the OPSC if the following criteria are
							 met:
(a) If the Joint-Use Project
						  proposes to Reconfigure an existing school building, then the plans and
						  specifications for the Type II Joint-Use Project may be included in the plans
						  and specifications for modernization to an existing public school for which the
						  district has requested SFP modernization funding. If the Joint-Use Project will
						  be part of a qualifying SFP Modernization project, then the Type II Joint-Use
						  Project will be located on the same site where the SFP modernization project is
						  located and the site does not have the type of facility for which the Joint-Use
						  Funding is requested or the facility is Inadequate.
(b) If the Joint-Use Project proposes to
						  construct new school buildings, then the project will be located on an existing
						  school site that does not have the type of facility for which the Joint-Use
						  Funding is requested or the facility is Inadequate.
(c) The Type II Joint-Use Project will either
						  Reconfigure an existing school building or construct new school buildings, and
						  will provide facilities to be used for any of the following:
(1) A multipurpose room.
(2) A gymnasium.
(3) A childcare facility.
(4) A library.
(5) A Teacher Education
						  facility.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 12 - Joint-Use Project Grant Determination › Section 1859.122.2 - Additional Type II Joint-Use Program Eligibility Criteria for Pupil Academic Achievement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A district requesting funding for a Type II Joint-Use
							 Project that will Reconfigure existing school buildings, construct new school
							 buildings, or both to provide for pupil Academic Achievement may submit Form
							 SAB 50-07 to the OPSC if the criteria in sections
							 1859.122.1(a),
							 1859.122.1(b),
							 1859.122.1(d),
							 1859.122.1(e),
							 1859.122.1(f),
							 1859.122.1(g),
							 1859.122.1(h), and
							 1859.122.1(i) are
							 met and the plans and specifications were accepted by the DSA for review and
							 approval prior to January 1, 2004.
Reconfiguring an existing school building must not
							 reduce the district's capacity or displace another minimum essential facility.
							 In any case involving the replacement of capacity or a minimum essential
							 facility due to the reconfiguration of an existing building, the replacement
							 must be part of the plans submitted in support of the Joint-Use Application,
							 must occur concurrently, and cannot be part of a SFP Application for new
							 construction.
1. New
							 section filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002,
							 No. 45). Pursuant to Education Code section
							 17070.35 a
							 Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 11-4-2002 order transmitted
							 to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
3.
							 Amendment of section heading and section filed 5-21-2004 as an emergency;
							 operative 5-21-2004 (Register 2004, No. 21). A Certificate of Compliance must
							 be transmitted to OAL by 9-20-2004 or emergency language will be repealed by
							 operation of law on the following day.
4. Certificate of Compliance
							 as to 5-21-2004 order, including further amendment of first paragraph,
							 transmitted to OAL 9-20-2004 and filed 11-2-2004 (Register 2004, No.
							 45).
Note: Authority cited: Sections
								17070.35
								and
								17075.15,
								Education Code. Reference: Sections
								17077.40,
								17077.42
								and
								17077.45,
								Education Code.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 12 - Joint-Use Project Grant Determination › Section 1859.123 - Qualifying SFP New Construction Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of meeting the requirements in Section
							 1859.122(a), the
							 district may combine the plans and specifications of its Joint-Use Project with
							 any of the following new construction applications:
(a) A new construction funding request that
						  is submitted at the same time as the Joint-Use Project application.
(b) An Approved Application for new
						  construction funding that has not yet received an approval (i.e., not yet on
						  the Unfunded List) if all the following criteria are met:
(1) The plans and specifications for the
						  Joint-Use Project were not included in the original DSA approved plans and
						  specifications for the Approved Application for new construction
						  funding.
(2) The original DSA
						  approved plans and specifications for the Approved Application for new
						  construction funding are modified to incorporate the plans and specifications
						  for the Joint-Use Project.
(3) The
						  district has withdrawn the Approved Application for new construction funding
						  pursuant to Section
						  1859.107 for the benefit of adding
						  a Joint-Use Project.
(4) A revised
						  new construction funding application and the Joint-Use Project application are
						  resubmitted to the OPSC at the same time.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 12 - Joint-Use Project Grant Determination › Section 1859.123.1 - Qualifying SFP Modernization Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of meeting the requirements in Sections
							 1859.122.1(a) or
							 1859.122.2, the district may
							 combine the plans and specifications of its Joint-Use Project with any of the
							 following modernization applications:
(a) A modernization funding request that is
						  submitted at the same time as the Joint-Use Project application.
(b) An Approved Application for modernization
						  funding that has not yet received an approval (i.e., not yet on the Unfunded
						  List) if all the following criteria are met:
(1) The plans and specifications for the
						  Joint-Use Project were not included in the original DSA approved plans and
						  specifications for the Approved Application for modernization
						  funding.
(2) The original DSA
						  approved plans and specifications for the Approved Application for
						  modernization funding are modified to incorporate the plans and specifications
						  for the Joint-Use Project.
(3) The
						  district has withdrawn the Approved Application for modernization funding
						  pursuant to Section
						  1859.107 for the benefit of adding
						  a Joint-Use Project.
(4) A revised
						  modernization funding application and the Joint-Use Project application are
						  resubmitted to the OPSC at the same time.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 12 - Joint-Use Project Grant Determination › Section 1859.124 - Joint-Use Project Square Footage Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
With the exception of funding requests for Extra Cost
							 of a Type I Joint-Use Project, the district must have square footage
							 eligibility in order to submit an application for Joint-Use Project funding.
							 Depending on the type of Joint-Use Project, the square footage eligibility is
							 calculated as follows:
(a) If the
						  funding request is for a Type I Joint-Use Project, the square footage
						  eligibility is calculated as follows:
(1)
						  Determine the total square footage of the joint-use facility for which
						  Joint-Use Project funding is requested.
(2) Determine the square footage for the type
						  of joint-use facility for which Joint-Use Project funding is requested in the
						  Square Footage Chart shown in Section
						  1859.124.1.
(3) Determine the square footage eligibility
						  by subtracting the amount determined in (a)(2) from the amount determined in
						  (a)(1). If a negative number results, the square footage eligibility is
						  zero.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 12 - Joint-Use Project Grant Determination › Section 1859.124.1 - Square Footage Facility Chart

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Use the Chart below to determine square footage for
							 purposes of Section
							 1859.124. The three columns to the
							 left of the Chart indicate the facility types that may be funded under a Type I
							 or Type II Joint-Use Project.
CHART OF SQUARE FOOTAGES
(In Square Feet)
Type
									 I
Type
									 II
Facility
									 Type
Elementary School K-6,
									 K-8
Middle School 7-8 or 6-8 (on Separate
									 Campus)
High School 7-12 or 9-12 (on
									 Separate Campus)
X
X
Multi-purpose
									 Room
5.3 per pupil
5.3 per pupil
6.3 per pupil
(includes food
									 service)
Minimum 4,000
Minimum 5,000
Minimum 8,200
X
X
Gymnasium
12.9 per
									 pupil*
12.9 per pupil
15.3 per
									 pupil
(includes
									 shower/locker)
Minimum
									 6,828*
Minimum 6,828
Minimum
									 8,380
Maximum
									 16,000*
Maximum 16,000
Maximum
									 18,000
X
X
Library
2.3 per
									 pupil
3.3 per pupil
4.3 per pupil
plus
									 600
plus 600
plus 600
X
X
Teacher
									 Education**
39 per pupil or as
									 approved by CDE
X
Pupil Academic
									 Achievement***
39 per pupil or
									 as approved by CDE
X
X
Childcare
60 per child -- Minimum 1,440
* Available to K-6 schools only if there is no
							 multipurpose room or the existing multipurpose room is inadequate on the campus
							 and the Joint-Use Agreement includes gymnasium space rather than a multipurpose
							 room.
** Subject to the CDE approval.
*** Subject to the CDE approval. Plans and
							 specifications must be accepted by the DSA for review and approval prior to
							 January 1, 2004.
(a) If the Joint Use
						  Project requests funding for a multi-purpose room, gymnasium or library,
						  multiply the amounts shown for the type of facility proposed in the Joint-Use
						  Project by either (1) or (2) below:
(1) If
						  the funding request is for a Type I Joint-Use Project, the sum of the latest
						  CBEDS enrollment at the site and the number of pupil grants requested in the
						  qualifying SFP New Construction project pursuant to Section
						  1859.123.
(2) If the funding is for a Type II Joint-Use
						  Project, the latest CBEDS enrollment at the site.
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 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 12 - Joint-Use Project Grant Determination › Section 1859.125 - Joint-Use Project Grant Determination Based on Square Footage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the funding request is to construct square
							 footage, the Joint-Use Grant is the lesser of the amount determined in (a) or
							 (b):
(a) The sum of the amounts
						  determined below:
(1) $173.30 for the Toilet
						  Facilities in the Joint-Use Project as calculated in (a)(1)(B) below:
(A) Divide the eligible square footage of the
						  Joint Use Project as determined in Section
						  1859.124 by the total square
						  footage of the joint-use facility.
(B) Multiply the quotient determined in
						  (a)(1)(A) by the Toilet Facilities in the joint-use
						  facility.