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 - RELATING TO THE STATE SCHOOL BUILDING LAW OF 1952 › Article 5 - PROJECT BUDGET › Section 1825 - Contents of Project Budget

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The project budget prescribed by the
						  Board shall be set up under seven major categories as follows: Sites; Plans;
						  Construction; Tests; Inspection; Furniture and Equipment; and Contingencies.
						  Within these major categories, the following limitations shall apply:
(1) Sites:
(A) Actual costs for the acquisition of a
						  site in excess of the estimated cost as originally approved shall be allowed
						  only after specific approval of the Board in accordance with the provisions of
						  Section 16035 of the Act.
(B) In the event the Board determines that
						  excess site costs allowed under subsection (A) above shall be paid in full as a
						  condition of making an additional apportionment for such excess site costs
						  pursuant to the provisions of Section
						  16035 of the Act, the amount so
						  apportioned shall be paid in full with interest thereon, whether or not the
						  site is combined with a construction project. The amount repayable during each
						  fiscal year on the unpaid balance shall be the greater of:
1. The amount which would be required to
						  provide an annual payment equal to .074 of the principal amount of the
						  apportionment subject to repayment in full provided, however, that any
						  principal and interest charges not repaid in 20 years shall be added to the
						  twentieth annual repayment.
2. The
						  amount which would be produced by a tax rate of five cents per hundred dollars
						  on the assessed valuation of the district as determined by the last equalized
						  assessment occurring during the fiscal year preceding that in which the
						  deductions are to be made by the State Controller. For a unified district
						  receiving an apportionment at both the elementary and high school levels, the
						  aforementioned computation shall be based on a tax rate of ten cents rather
						  than five cents.
(C) For
						  the purpose of this subsection (1825(a)(1)(C)), the term "district" shall
						  include any person or entity with whom the district contracts under Section
						  7261.5,
						  Government Code, acting on behalf of the district. Relocation costs to
						  landowners or persons displaced pursuant to Sections
						  7260 et seq. of Chapter 16,
						  Division 7, Title 1 of the Government Code, hereinafter referred to as the
						  "Relocation Assistance Law," in conjunction with an acquisition of a site for
						  which an apportionment is made, may be deemed to be a part of the cost of
						  acquisition subject to the following conditions:
1. The school district shall certify that it
						  has adopted regulations pursuant to the Relocation Assistance Law, as required
						  by Section
						  7267.8,
						  Government Code, or has contracted with a party or entity specified in Section
						  7261.5,
						  Government Code, for the performance of services under said law.
2. A request for payment under the Relocation
						  Assistance Law shall be accompanied by:
a. A
						  citation to the pertinent portions of the law and regulations to the extent the
						  latter are applicable.
b. A copy of
						  any such pertinent portion of the regulations, and
c. Any factual justification that may be
						  applicable in connection with the citation referred to in "a.," including,
						  where applicable, justification by the district, subject to the written
						  approval of the Executive Officer, of the reasonableness of any cost of expense
						  applied for by the district under Sections
						  7262 and
						  7263,
						  Government Code, that is required to be "reasonable" by said
						  sections.
3. That any
						  offer by the district for said site as specified in Section
						  7267.2 or
						  7267.7,
						  Government Code, shall not exceed the highest qualified appraisal of such site
						  made for the purposes of obtaining an apportionment from the Board for the
						  acquisition thereof.
4. That any
						  decision by the district under Section
						  7266,
						  Government Code (pertaining to the reviewing of the application of an aggrieved
						  person) shall not be in contravention of this subsection
						  (1825(a)(1)(C)).
5. That any cost
						  in conjunction with Section
						  7264.5,
						  Government Code (relating to the actual provision of housing) shall be
						  justified in writing by the district and approved in writing by the Executive
						  Officer.
6. Nothing in this section
						  shall be deemed to impose upon a school district a fiscal burden in connection
						  with an obligation to a landowner or displaced person that did not exist prior
						  to the adoption of this section.
(D) Relocation assistance in connection with
						  the acquisition of real property shall be administered by the Board in
						  accordance with State Relocation Guidelines adopted by the California
						  Commission of Housing and Community Development.
(E) Before funds are released for any portion
						  of a construction project, evidence shall be presented, satisfactory to the
						  Director of General Services, that good title to the site for said project is
						  vested in the school district, or will be vested in the school district, when
						  the purchase of the site is completed. A use permit deemed by the Director of
						  General Services to be valid, may be considered to be good title for the
						  purpose of this subsection (E).