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 8 - New Construction and Modernization Grant Determinations › Section 1859.74.6 - District-Owned Site Cost Benefit Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Subdivision (d) of Education Code Section
							 17072.12, a
							 cost benefit analysis must be made to determine if it is more economical to
							 utilize the existing district-owned site currently used for a non-school
							 function as a school site rather than acquire an alternative site in the
							 district. A determination that it is more economical to use the existing
							 district-owned site as a school site will be made if the current estimated
							 value of the district-owned site as determined in (a)(3) is less than the
							 current estimated value of an alternative site as determined in (b)(5).
(a) Current Estimated Value of District-Owned
						  Site.
(1) Determine the value of the
						  district-owned site by a preliminary appraisal or an appraisal made or updated
						  no more than six months prior to submittal of the Approved Application to the
						  OPSC. The appraisal shall include any buildings on the site and shall be made
						  using the guidelines in Section
						  1859.74.1. The appraised value
						  shall be increased for the following:
(A) The
						  relocation expenses that conform to Title 25, California Code of Regulations,
						  Section 6000, et seq. The reasonable and
						  necessary relocation costs for purchasing fixtures and equipment, personal
						  property, new machinery/equipment and the installation of any improvements at
						  the replacement residence or business location may be included as relocation
						  assistance. Do not include relocation expenses applicable to the relocation of
						  district personnel, district buildings/furnishings or district
						  equipment.
(B) Four percent of the
						  appraised value determined in (a)(1), but not less than $50,000. This amount
						  shall provide an allowance for appraisals, escrow, survey, site testing, CDE
						  review/approvals and the preparation of the POESA and the PEA.
(C) The estimated DTSC costs for review,
						  approval, and oversight of the POESA and the PEA.
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 8 - New Construction and Modernization Grant Determinations › Section 1859.75 - Alternative District-Owned Site

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to receive funding authorized by Sections
							 1859.74 or
							 1859.74.2, the district
							 must:
(a) certify there is no
						  available Alternative District-Owned Site for that project deemed useable for
						  school purposes by the CDE; or,
(b)
						  certify that it intends to sell an available Alternative District-Owned Site
						  and use the proceeds for the purchase of the new site. In this event, the Board
						  will recognize either (1) or (2):
(1)
						  one-half of the actual cost or the appraised value of the available Alternative
						  District-Owned Site as determined in Section
						  1859.74, whichever is the lesser,
						  or
(2) fifty percent of one and
						  one-half times value of the site purchased for the project as determined in
						  Section 1859.74.2.
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 8 - New Construction and Modernization Grant Determinations › Section 1859.75.1 - Separate Site Apportionment for Environmental Hardship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A district is eligible for a separate
						  apportionment for site acquisition even if it does not meet the financial
						  hardship criteria contained in Section
						  1859.81 with the exception of
						  qualifying projects pursuant to the Overcrowding Relief Grant, Section
						  1859.180, when all the following
						  requirements are met:
(1) The district has
						  eligibility for grants that equal at least 50 percent of the CDE master plan
						  capacity of the site.
(2) The
						  district has received a contingent site approval letter from the CDE indicating
						  that the proposed site is the best available.
(3) The district has obtained a preliminary
						  appraisal or an appraisal of the property by a qualified appraiser utilizing
						  criteria outlined in Section
						  1859.74.1. The preliminary
						  appraisal report may be made without access to the site.
(4) The district has provided a letter from
						  the DTSC pursuant to Education Code Section
						  17072.13
						  that indicates the time necessary to complete the remediation removal of any
						  hazardous materials/waste on the proposed site as determined necessary by the
						  PEA and required in the RA, will take at least 180 calendar days to
						  complete.
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 8 - New Construction and Modernization Grant Determinations › Section 1859.77.2 - Use of New Construction Grant Funds for Projects Accepted by the DSA on or before January 22, 2003

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
New Construction Grant funds and any other funds
							 provided by these Regulations shall be expended as set forth in Education Code
							 Section
							 17072.35;
							 and may also be utilized for the cost incurred by the district for the
							 development and implementation of remedial action plan approved by the DTSC
							 pursuant to Education Code Section
							 17213.
Authorization for use of New Construction Grants for
							 which the final plans and specifications for the project were accepted by the
							 DSA on or before January 22, 2003 may be requested as follows:
(a) A district may request new construction
						  grants that do not to exceed 135 percent of the number of pupils that will be
						  housed in the project based on loading standards pursuant to Education Code
						  Section
						  17071.25(a)(2)
						  and any loading standards adopted by the SAB by these regulations if the grant
						  requests above 100 percent of the number of pupils to be housed do not include
						  eligibility based on Special Day Class pupils and if the district has adopted a
						  school board resolution that has been discussed at a public hearing at a
						  regularly scheduled meeting of the district's governing board on a date
						  preceding the Application filing that includes the following:
(1) A plan that identifies how the district
						  has housed or will house the excess pupils receiving grants in the project in
						  school buildings as defined in Education Code Section
						  17368. The
						  plan may not include housing the excess pupils in portables excluded from
						  existing school building capacity pursuant to Education Code Section
						  17071.30 or
						  housing in facilities to be constructed with district funds if the district has
						  received financial hardship approval pursuant to Section
						  1859.81. The plan shall not utilize
						  Multi-track Year Round Education schedules for the purposes of housing excess
						  pupils.
(2) An acknowledgement that
						  funds for the purposes of housing the excess pupils are being diverted to
						  another project.
(3) An
						  acknowledgement that the State has satisfied its obligation, pursuant to
						  Section 1859.50, to house the pupils
						  receiving grants in the 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 8 - New Construction and Modernization Grant Determinations › Section 1859.77.4 - Addition to a Site and Modernization Grant for High Performance Incentive

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
						  any other funding authorized by these Regulations, the Board shall provide the
						  grant amounts identified in Subsections (b) or (c), as applicable, if all the
						  following are met:
(1) The project meets the
						  mandatory measures of the California Green Building Standards, California Code
						  of Regulations Title 24, Part 11, as applicable.
(2) The project includes all the
						  prerequisites in each of the five HPRC to include Sustainable Sites, Water,
						  Energy, Materials and Indoor Environmental Quality, that are within the scope
						  of the project, and related subcategory credits.
(3) Once the prerequisites in (a)(1) and
						  (a)(2) have been met, the district may select the criteria and credits it
						  wishes to pursue to determine point award. The category, criteria and
						  associated points are as indicated in Section
						  1859.71.6(a), with
						  the exception of (a)(3)(C)2., Alternate Energy Sources, that has an amended
						  point allowance that equals three to nine points; three points for the first
						  five percent plus one point for each additional five percent thereafter of the
						  site's annual power consumption that is produced on site not to exceed 35
						  percent; and the exception of (a)(3)(E)(2)f., Low emitting materials, that has
						  an amended point allowance equal to one to four points.
(4) A minimum of four points must come from
						  either Section
						  1859.71.6(a)(3)(C)1.b.
						  and/or 2.
(5) The project, which
						  includes a complete set of plans, must be submitted to and accepted by the DSA
						  on or after May 20, 2006.
(6) The
						  DSA has reviewed the proposed project and concurs with the points specified in
						  the HPRC.
(7) The project will not
						  receive funding from the Energy Efficiency Account.
(8) For those projects accepted by the DSA
						  prior to October 1, 2007, districts may utilize the
2002 CA-CHPS
						  Criteria
, and the point standard will be in the range of 23 to 72
						  points. All prerequisites, credits and points obtained must be based on the
2002 Edition
requirements. Criteria and associated
						  prerequisite or points as indicated in Section
						  1859.71.6
						  (a)(3)(D)2.a. and 4.c. and f. and (E)1.c. and
						  2.b. and district resolutions are ineligible, and (a)(4) is
						  optional.
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 8 - New Construction and Modernization Grant Determinations › Section 1859.78 - Adjustment to the Modernization Grant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The modernization per-unhoused grant amount, as
							 provided by Education Code Section
							 17074.10(a),
							 will be adjusted annually based on the change in the Class B Construction Cost
							 Index as approved by the Board each January. The base Class B Construction Cost
							 Index shall be 1.30 and the first adjustment shall be January,
							 1999.
1. New
							 section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49).
							 A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. New section refiled 3-31-99 as an emergency; operative
							 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted
							 to OAL by 7-29-99 or emergency language will be repealed by operation of law on
							 the following day.
3. New section refiled 7-29-99 as an emergency;
							 operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be
							 transmitted to OAL by 11-26-99 or emergency language will be repealed by
							 operation of law on the following day.
4. Certificate of Compliance
							 as to 7-29-99 order transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99,
							 No. 41).
5. 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.
6. Certificate of Compliance as to 11-4-2002 order transmitted
							 to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No.
							 51).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Section
								17074.10,
								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 8 - New Construction and Modernization Grant Determinations › Section 1859.78.1 - Modernization Additional Grant for Labor Compliance Program or Prevailing Wage Monitoring and Enforcement Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After determining all other funding
						  authorized by these Regulations, for any project funded in whole or in part
						  from Proposition 47 or Proposition 55 for which the construction contract is
						  awarded prior to January 1, 2012, and for which the district is required under
						  Labor Code Section
						  1771.7(a) and
						  (b) to initiate and enforce a labor
						  compliance program, the Board shall increase the per-unhoused pupil grant by
						  the following calculation, less the district matching share required in Section
						  1859.79:
(1) Using the chart in Section
						  1859.71.4(b),
						  determine the total amount of funding to be provided for the increased costs of
						  a modernization project due to the initiation and enforcement of a
						  LCP.
(2) Divide the amount
						  determined in subsection (a)(1) by the total number of pupils, or by one if no
						  pupils are assigned, in the approved application.
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 8 - New Construction and Modernization Grant Determinations › Section 1859.78.4 - Modernization Additional Grant for Fire Code Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to any other funding
						  authorized by these Regulations, the Board shall provide the following grant
						  amounts for each pupil included in an application for modernization if the
						  project includes an automatic fire detection and alarm system as described in
						  Education Code Section
						  17074.52 or
						  the fire detection and alarm system is deferred as authorized by Subdivision
						  (b) of Education Code Section
						  17074.50:
(1) $72.12 for each elementary school
						  pupil.
(2) $72.12 for each middle
						  school pupil.
(3) $72.12 for each
						  high school pupil.
(4) $134.14 for
						  each pupil that is a Severely Disabled Individual with Exceptional
						  Needs.
(5) $200.49 for each pupil
						  that is a Non-Severely Disabled Individual with Exceptional
						  Needs.
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 8 - New Construction and Modernization Grant Determinations › Section 1859.78.5 - Modernization Additional Grant for Energy Efficiency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to any other funding
						  authorized by these Regulations, the Board shall provide the grant amounts
						  identified in (b) if all the following are met:
(1) The project includes energy efficiency
						  components that conform to Subdivision (b) of Education Code Section
						  17077.35.
(2) The average energy efficiency score of
						  all the buildings in the project, as determined by EnergyPro 3.1 or a similar
						  computer program approved by the State Energy Resources Conservation and
						  Development Commission, exceeds the nonresidential building energy efficiency
						  standards specified in Part 6 of Title 24 of the California Code of Regulations
						  by at least 10 percent.
(3) The DSA
						  has reviewed the proposed project and concurs with the percentage of energy
						  efficiency that exceeds the nonresidential building energy efficiency standards
						  specified in Part 6 of Title 24 of the California Code of
						  Regulations.
(4) No portion of the
						  project will be funded with funds made available from the Renewable Energy
						  Program administered by the State Energy Resources Conservation and Development
						  Commission.
(5) There are funds
						  remaining in the Energy Efficiency Fund as prescribed in Section
						  1859.70.1 to apportion some or the
						  entire additional grant provided in (b).
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 8 - New Construction and Modernization Grant Determinations › Section 1859.78.6 - Modernization Grant for 50 Year or Older Permanent Buildings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In lieu of the funding provided by
						  Subdivision (a) of Education Code Section
						  17074.10
						  and Section
						  1859.78.3, the Board shall provide
						  the amounts shown below for each pupil housed in permanent school buildings
						  that are 50 years or older as follows:
(1)
						  $3,120 for each elementary pupil.
(2) $3,300 for each middle school
						  pupil.
(3) $4,320 for each high
						  school pupil.
(4) $9,944 for each
						  pupil that is a Severely Disabled Individual with Exceptional Needs.
(5) $6,650 for each pupil that is a
						  Non-Severely Disabled Individual with Exceptional Needs.
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 8 - New Construction and Modernization Grant Determinations › Section 1859.78.7 - Modernization Additional Grant for Site Development Necessary for 50 Years or Older Permanent Buildings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to any other funding authorized by these
							 Regulations, the Board shall provide funding for upgrading existing site
							 development (utilities) work as necessary for the modernization of 50 years or
							 older permanent buildings equal to the lesser of (a) or (b):
(a) 60 percent of the costs necessary to
						  upgrade utility service to 50 year or older permanent building(s) on the site
						  as follows:
(1) Water: Replacement or repair
						  of main water service line(s) between the utility company connection and to
						  five feet of the 50 years or older building(s) on the site, connection fees if
						  applicable, meter (if not provided by the serving utility), and replacement or
						  repair of a domestic water appurtenances (i.e., well, pump, tank) as needed for
						  the proper operation of the system.
(2) Sewage: Replacement or repair of main
						  sewer line between the utility company connection and to five feet of the 50
						  years or older building(s) on the site and connection fees, if applicable.
						  Replacement or repair of sewage appurtenances (i.e., treatment/disposal system)
						  as needed for the proper operation of the system and a main disposal line from
						  the treatment system to five feet of the 50 years or older building(s) on the
						  site.
(3) Gas: Replacement or
						  repair of main gas service line between the utility company connection and to
						  five feet of the 50 years or older building(s) on the site, connection fee (if
						  applicable), meter (if not provided by serving utility) or replacement or
						  repair of gas service appurtenances (i.e., liquefied petroleum system and tank)
						  as needed for proper operation of the system and a new main supply line from
						  the tank to five feet of the 50 years or older building(s) on the
						  site.
(4) Electric: Replacement or
						  repair of electrical service between the utility company connection and the
						  building main switchboard. Primary electric service runs between the utility
						  company's point of connection and the transformer. Secondary electric service
						  runs between the transformer and the main switchboard. Connection fee,
						  transformer pads and protective devices (i.e., bollards) as required by the
						  utility company.
(5) Communication
						  systems (i.e., cable television and telephone): Replacement or repair of
						  service between the utility company connection and the nearest distribution
						  center.
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 8 - New Construction and Modernization Grant Determinations › Section 1859.78.8 - Modernization Grant for Facilities Previously Modernized with State Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall provide an additional apportionment
							 provided by Education Code 17074.10(a) and Section
							 1859.78.3, for facilities
							 previously modernized with State funds as follows:
(a) An additional apportionment will be
						  provided for the modernization of a permanent school building every 25 years
						  following the date of its previous State modernization apportionment.
(b) In the case of portable classrooms, an
						  additional apportionment will be permitted every 20 years after the date of its
						  previous State modernization apportionment provided the modernization funds
						  will be used to replace the portable classroom(s) and the school district must
						  certify that the portable classrooms will be removed from any classroom use
						  unless acceptable documentation is provided by the district indicating that the
						  modernization of the portable classrooms is a better use of public resources.
If the previous SFP modernization apportionment
							 includes both permanent and portable facilities, the number of pupil grants
							 that will be added to the site's baseline eligibility shall be determined by
							 the percentage of permanent or portable facilities identified on the Form SAB
							 50-03 that generated the initial eligibility.
The capacity and eligibility of the school district
							 will not be adjusted for the replacement of the portable classroom pursuant to
							 Education Sections
							 17074.10(f) and
							 17073.15.
1. New
							 section filed 2-3-2005; operative 2-3-2005 pursuant to Government Code section
							 11343.4
							 (Register 2005, No. 6).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Sections
								17073.15
								and
								17074.10,
								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 8 - New Construction and Modernization Grant Determinations › Section 1859.78.9 - Separate Apportionment for Modernization Reconfiguration Under 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. Amendment of subsection (a) filed
							 5-17-2007; operative 5-17-2007 pursuant to Government Code section
							 11343.4
							 (Register 2007, No. 20).
3. 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
								17074.32,
								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 8 - New Construction and Modernization Grant Determinations › Section 1859.79.1 - Modernization Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board will not provide Modernization funding for
							 a project if the district entered into a construction contract for that project
							 before August 27, 1998 unless:
(a) The
						  project met the provisions for funding under the LPP pursuant to Sections
						  1859.14 or
						  1859.15; or
(b) The project was approved on the
						  Year-Round Schools Air Conditioning/Insulation Program unfunded approval list
						  pursuant to Education Code Section
						  42250.1.
1. New
							 section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49).
							 A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. New section refiled 3-31-99 as an emergency; operative
							 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted
							 to OAL by 7-29-99 or emergency language will be repealed by operation of law on
							 the following day.
3. New section refiled 7-29-99 as an emergency;
							 operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be
							 transmitted to OAL by 11-26-99 or emergency language will be repealed by
							 operation of law on the following day.
4. Certificate of Compliance
							 as to 7-29-99 order transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99,
							 No. 41).
5. Amendment of first paragraph filed 1-2-2001 as an
							 emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of
							 Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be
							 repealed by operation of law on the following day.
6. Certificate of
							 Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001
							 (Register 2001, No. 24).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Sections
								17070.35,
								17074.10
								and
								42250.1,
								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 8 - New Construction and Modernization Grant Determinations › Section 1859.79.2 - Use of Modernization Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Modernization Grant plus any other funds provided
							 by these Regulations shall be expended as set forth in Education Code Sections
							 17074.25,
							 17074.10(f)
							 and
							 17070.15(i)
							 and may also be utilized for other purposes as set forth in Education Code
							 Section
							 100420(c),
							 and Labor Code Section
							 1771.3(a)
							 in effect on January 1, 2012 through June 19, 2014. Modernization funding may
							 also be used for the costs incurred by the district directly or through a
							 contract with a third party provider for the initiation and enforcement of a
							 LCP. Modernization funding, with the exception of savings, is limited to
							 expenditure on the specific site where the modernization grant eligibility was
							 generated. The grant may not be used for the following:
(a) New building area with the exception of
						  the following:
(1) Replacement building area
						  of like kind. Additional classrooms constructed within the replacement area
						  will reduce the new construction baseline eligibility for the
						  district.
(2) Building area
						  required by the federal Americans with Disabilities Act (ADA) or by the
						  Division of the State Architect's (DSA) handicapped access
						  requirements.
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 8 - New Construction and Modernization Grant Determinations › Section 1859.79.3 - Minimal Requests for Modernization Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With the exception of Approved
						  Applications that meet the requirements of Section
						  1859.107(a),
						  districts seeking a Modernization Grant must submit Form SAB 50-04 for any one
						  of the following:
(1) at least 52 Non-Severe
						  grants, or
(2) at least 36 Severe
						  grants, or
(3) at least 101 grants,
						  or
(4) the remaining modernization
						  eligibility at the school site if less than the grants in (1), (2), or
						  (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 9 - Hardship Assistance › Section 1859.81.1 - Separate Apportionment for Site Acquisition and Design Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A district that meets the financial hardship criteria
							 in Section 1859.81 is eligible for the
							 following:
(a) For a new construction
						  project, a separate apportionment for site acquisition, with the exception of
						  site acquisition funding authorized by Section
						  1859.81.2 or for projects receiving
						  funding pursuant to the Overcrowding Relief Grant, Section
						  1859.180, when all of the following
						  requirements are met:
(1) The district has
						  eligibility for grants that equal at least 50 percent of the CDE master plan
						  capacity of the site.
(2) The
						  district has received a contingent site approval letter from the CDE indicating
						  that the proposed site is the best available.
(3) The district has obtained a preliminary
						  appraisal of the property by a qualified appraiser utilizing criteria outlined
						  in Section 1859.74.1. This report may be made
						  without access to 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 9 - Hardship Assistance › Section 1859.81.2 - Separate Apportionment for District-Owned Site Acquisition Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A district that meets the financial hardship criteria
							 in Section 1859.81, with the exception of
							 those projects requesting an Overcrowding Relief Grant pursuant to Section
							 1859.180, is eligible for the
							 following:
(a) A separate
						  apportionment for district-owned site acquisition cost authorized by Section
						  1859.74.5 when all the following
						  are met:
(1) The district has eligibility for
						  new construction grants that equal at least 50 percent of the CDE master plan
						  capacity of the site.
(2) All the
						  criteria in Section
						  1859.74.5(a)(1) through
						  (a)(7) are met.
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 9 - Hardship Assistance › Section 1859.81.3 - Use of District-Owned Site Acquisition Apportionment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any funds authorized by Sections
							 1859.74.5 or
							 1859.81.2 shall be expended in
							 accordance with Education Code Section
							 17072.35
							 and may also be used for the relocation of district facilities necessary as a
							 result of Subdivision (b) of Education Code Section
							 17072.12.
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
								17072.12,
								17072.20
								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 9 - Hardship Assistance › Section 1859.82.1 - Facility Hardship Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"School Building" for the purposes of this Section
							 shall have the same definition as Education Code Section
							 17283 and
							 shall also exclude any districtwide administrative facilities.
A district is eligible for Facility Hardship funding
							 to repair, replace, or construct School Buildings or related required
							 components that are currently causing a health and safety threat to the
							 students and/or staff. Projects solely to replace components that have reached
							 the end of their useful life, perform routine maintenance or repair, issues
							 resulting from the deferment of routine maintenance or repair, lack of current
							 code compliance, or the addition of components that were not previously
							 existing, do not meet the qualifying criteria of the program. However, this
							 work may be incorporated into a qualifying Facility Hardship application if it
							 is required to be completed to gain DSA approval.
Beginning 90 days after the effective date of this
							 Section [November 29, 2020], Approved Applications requesting Facility Hardship
							 Program funding shall be submitted to OPSC within 12 months of DSA approval for
							 the scope of work mitigating the identified health and safety threat. If the
							 project does not require DSA approval, then the Approved Application for
							 funding must be received within the 6 months following project completion, as
							 demonstrated by the earliest of the following: the date that the notice of
							 completion of the project has been filed; occupancy of any portion of the
							 project Facility; or when the School Buildings or components of the School
							 Buildings in the project are currently in use by the district. If a district
							 demonstrates that extreme or unusual circumstances prevented the submission of
							 an eligible application within the applicable timeline outlined above, OPSC may
							 allow up to an additional 6 months for submittal.
(a) Districts may qualify for funding to
						  replace or construct new School Buildings. Factors to be considered by the
						  Board to determine eligibility for Facility Hardship program replacement
						  funding may include, but are not limited to:
(1) Damage or loss as a result of a natural
						  disaster such as a fire, flood, or earthquake.
(2) Proximity to a major freeway, airport,
						  electrical facility, high power transmission lines, dam, pipeline, or
						  industrial facility.
(3) Adverse
						  air quality.
(4) Structural
						  deficiency to the School Building, and
(5) Site conditions such as faulting, toxic
						  soil, or liquefaction.
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 9 - Hardship Assistance › Section 1859.82.2 - Seismic Mitigation Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"School Building" for the purposes of this Section
							 shall have the same definition as Education Code Section
							 17283 and
							 shall also exclude any districtwide administrative facilities.
A school district is eligible for funding to repair,
							 reconstruct, or replace the Most Vulnerable Category 2 Buildings which were
							 originally constructed to be used as School Facilities and pose an unacceptable
							 risk of injury to its occupants in the event of seismic activity. Program
							 eligibility is determined by the DSA while determination of grant funding is
							 determined by the Board based on the following criteria.
Notwithstanding Sections
							 1859.93 and
							 1859.93.1, all applications for the
							 seismic mitigation of the Most Vulnerable Category 2 Buildings shall be funded
							 in the order of receipt of an Approved Application for funding. Any grants
							 provided for the purpose of this section shall be provided as a new
							 construction project and allocated on a 50 percent state share basis.
(a) Seismic mitigation projects must meet all
						  of the following requirements:
(1) The
						  construction contract was executed on or after May 20, 2006;
(2) The project funding provided shall be for
						  the minimum work necessary to obtain DSA approval;
(3) The School Building is designed for
						  occupancy by students and staff; and
(4) The DSA concurs with a report by a
						  structural engineer, which identifies structural deficiencies that pose an
						  unacceptable risk of injury to its occupants in a seismic event. The structural
						  engineers report shall conform to the guidelines prepared by the DSA, in
						  accordance with Education Code Section
						  17310.
If the unacceptable risk of injury is due to the
							 presence of faulting, liquefaction or landslide, these hazards must be
							 documented by a geological hazards report prepared by an engineering geologist
							 in accordance with California Building Code, Part 2, Chapter 18, Section
							 1803 A and with concurrence of the
							 California Geological Survey.
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 9 - Hardship Assistance › Section 1859.82.3 - Facility Hardship Program and Seismic Mitigation Program Conceptual Approvals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A district may request approval from the Board to
							 determine eligibility for facility hardship or seismic mitigation programs in
							 advance of project funding. Board approval does not constitute a reservation of
							 bond authority. Board approval only confirms the district meets the criteria in
							 Section 1859.82.
(a) To request conceptual approval for
						  facility hardship projects, the district must submit an
Application For
						  Funding
(Form SAB 50-04) indicating the request for conceptual
						  approval and all documents listed below:
(1)
						  For replacement projects, all of the documents listed in Section
						  1859.82.1(b)(2)(A)
						  through Section
						  1859.82.1(b)(2)(D).
(2) For rehabilitation projects, all of the
						  documents listed in Section
						  1859.82.1(c)(3)(A)
						  through Section
						  1859.82.1(c)(3)(D)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 10 - Fund Release and Priority Points › Section 1859.90.3 - Participation in the Priority Funding Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section applies to Applications for funding for
							 new construction, modernization, Overcrowding Relief Grant, Career Technical
							 Education Facilities Program, Facility Hardship pursuant to Sections
							 1859.82.1 and
							 1859.82.2, and Charter School
							 Facilities Program, excluding advance release of design and/or site acquisition
							 funds from a Preliminary Charter School Apportionment.
(a) For each Application on the Unfunded List
						  (Lack of AB 55 Loans) for new construction, modernization, Facility Hardship
						  pursuant to Sections
						  1859.82.1 or
						  1859.82.2, the occurrences of (1)
						  or (2) below shall be limited after the effective date of this regulation
						  section [March 25, 2013]. For each Application on the Unfunded List (Lack of AB
						  55 Loans) for Overcrowding Relief Grant, Career Technical Education Facilities
						  Program, and Charter School Facilities Program, excluding advance release of
						  design and/or site acquisition funds from a Preliminary Charter School
						  Apportionment, the occurrences of (1) or (2) below shall be limited after the
						  effective date of this regulation section [October 1, 2014]:
(1) The district abstains from participating
						  in a priority funding 30-calendar day filing period described in Section
						  1859.90.2 for the Application on
						  the Unfunded List (Lack of AB 55 Loans).
(2) The Application receives a priority
						  funding Apportionment pursuant to Section
						  1859.90.2(a), and
						  the district fails to meet the fund release requirements pursuant to Section
						  1859.90.2(c).
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 1859.90.4 - Grant Agreement Submittal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Grant Agreement for the project with an original
							 signature by an authorized District Representative must be submitted prior to,
							 or concurrently with, the Form SAB 50-05 in order for the Form SAB 50-05 to be
							 considered valid for all projects that are approved for placement on the
							 Unfunded List (Lack of AB 55 Loans) on or after June 5, 2017. Projects on the
							 Unfunded List as of June 5, 2017 are exempt from this
							 requirement.
1.
							 Renumbering of former subsection
							 1859.90.3 to new section
							 1859.90.4 filed 3-25-2013 as an
							 emergency; operative 3-25-2013 (Register 2013, No. 13). A Certificate of
							 Compliance must be transmitted to OAL by 9-23-2013 or emergency language will
							 be repealed by operation of law on the following day.
2. Certificate
							 of Compliance as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed
							 8-23-2013 (Register 2013, No. 34).
3. Renumbering of former section
							 1859.90.4 to section
							 1859.90.5 and new section
							 1859.90.4 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.
4. 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: Section
								17070.35,
								Education Code.