Cal. Code Regs. Tit. 2, § 1859.163.5 - Preliminary Charter School Rehabilitation Apportionment Determination

The Preliminary Charter School Rehabilitation Apportionment will be determined based on the eligible square footage included in the project. For purposes of the Preliminary Charter School Rehabilitation Apportionment, eligible square footage is defined as the total enclosed exterior square footage of the school buildings. For multilevel buildings, include the square footage at each level.

The amount of funding for each Preliminary Charter School Rehabilitation Apportionment will be equal to the sum of the amounts determined in (a)(1) through (a)(6) and (b) below:

(a)

(1) The lesser of the amount determined in (A) or (B) below:

(A) The dollar value calculated using a per square foot amount and the total eligible square footage for the site as follows:

1. Determine the total square footage for each classroom included in the project (limited by the Charter School's projected enrollment).

2. Determine the total square footage for any multi-purpose room included in the project.

3. Determine the total square footage for any gymnasium included in the project.

4. Determine the total square footage for any library included in the project.

5. Determine the total square footage for any administration building included in the project.

6. Add the total square footage in 1. through 5. above to obtain the total square footage for the project.

7. From the total determined in 6., determine the total square footage for toilet facilities and the total square footage for other facilities. Multiply the toilet facilities square footage by $173.30 and the other facilities square footage by $96.30. The sum of these figures is the square footage dollar value for the project.

(B) The dollar value calculated using the new construction grant amount and the project capacity based on the State loading standards as follows:

1. Determine the proposed grade level usage of each classroom in the project (limited by the Charter School's projected enrollment).

2. Multiply the number of classrooms at the K-6 grade level by 25, the number of classrooms at the 7-12 grade level by 27, the number of non-severe classrooms by 13, and the number of severe classrooms by 9.

3. Multiply the number of pupils calculated pursuant to 2. by the appropriate dollar value determined in Section 1859.163.1(a)(1).

(2) If the Preliminary Application request is for a small project that will house no more than 200 pupils, an amount pursuant to the following:

(A) If the project will house less than 101 pupils, as determined by the project's classroom capacity, calculated pursuant to Education Code Section 17071.25(a)(2)(A), the applicant is eligible for an amount equal to 12 percent of the funding provided by (a)(1).

(B) If the project will house between 101 and 200 pupils, as determined by the project's classroom capacity, calculated pursuant to Education Code Section 17071.25(a)(2)(A), the applicant is eligible for an amount equal to four percent of the funding provided by (a)(1).

(3) An amount due to urban location, security requirements and impacted site equal to 15 percent of the amount determined in (a)(1) and (a)(2), plus for a project with a site that is 60 percent or less of the CDE recommended site size plus 0.333 percent for each percentage decrease in the CDE recommended site size below 60 percent.

(4) An amount for the geographic location of the proposed project equal to the sum of the amounts determined in (a)(1), (a)(2), (a)(3), and (a)(5) multiplied by the indicated percentage factor in the Geographic Percentage Chart shown in Section 1859.83(a).

(5) $84,082 for each new two-stop elevator required to be included in the project by the DSA, and $15,133 for each additional stop.

(6) For all Preliminary Apportionments received after February 23, 2005, an amount equal to the sum of the amounts determined in (a)(1) through (a)(5) multiplied by a factor determined as follows:

(A) Divide the January Class B Construction Cost Index in effect at the time of the Preliminary Apportionment by the January Class B Construction Cost Index in effect four years prior to the Preliminary Apportionment. Round to four decimal places.

(B) Subtract 1 from the quotient in (A). Round to two decimal places.

(7) If the applicant is paying its matching share through the form of lease payments, pursuant to Section 1859.168, the value of the lease as determined by the Authority attributable to the items in (a)(1) through (a)(6) above.

(b) The Preliminary Charter School Rehabilitation Apportionment to initiate and enforce a LCP or to provide for the prevailing wage enforcement costs shall be determined according to (1) or (2) below, as applicable:

(1) 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 applicant is required under Labor Code Section 1771.7(a) and (b) to initiate and enforce a LCP, the Board shall increase the Preliminary Charter School Rehabilitation Apportionment by 50 percent of the following calculation:

(A) Using the chart in Section 1859.71.4(b), determine the total amount of funding to be provided for the increased costs of a Charter School Facilities Program Rehabilitation project due to the initiation and enforcement of a LCP.

(B) If the applicant is paying its matching share through the form of lease payments, pursuant to Section 1859.168, the value of the lease as determined by the Authority shall be included in the calculation of (A) above.

(2) After determining all other funding authorized by these Regulations, the Board shall increase the grant by 50 percent of one-fourth of one percent of the Total Projected Bond Apportionment for any project for which the construction contract is awarded on or after January 1, 2012.

(A) If the applicant is paying its matching share through the form of lease payments, pursuant to Section 1859.168, the value of the lease as determined by the Authority shall be included in the calculation of (2) above.

The amounts determined in (a)(1) and (a)(5) shall be adjusted annually in the manner prescribed in Section 1859.71.

(c) Pursuant to Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, any public works project paid in whole or in part from public funds that are derived from bonds issued by the state and for which the construction contract is awarded on January 1, 2012 through June 19, 2014, is subject to DIR monitoring and enforcement of compliance with applicable prevailing wage requirements, unless the project is exempt from this requirement pursuant to Labor Code Section 1771.3(b) in effect on January 1, 2012 through June 19, 2014.

(d) Any applicant failing to meet these requirements shall return to the State any State funding for the project, including interest, at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of State general obligation bonds as established pursuant to the Chapter 4 (commencing with Section 16720), of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. Interest to be returned shall be calculated from the date at which funds were received by the applicant until the date of the Board's finding.

(e) If the DIR revokes the applicant's internal LCP's approval and the applicant fails to provide appropriate prevailing wage monitoring through the DIR or other exemptions as specified in Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, the applicant shall return to the State any State funding received for the project, including interest, as calculated in subsection (d) above for any construction projects for which the violations occurred.

Notes

Cal. Code Regs. Tit. 2, § 1859.163.5

1. New section filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
2. Amendment of section and NOTE filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
4. Amendment filed 12-18-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
5. Amendment of subsections (c) and (e) and amendment of NOTE filed 11-3-2015; operative 1-1-2016 (Register 2015, No. 45).

Note: Authority cited: Sections 17070.35 and 17078.64, Education Code. Reference: Sections 17071.25, 17078.52, 17078.54, 17078.56, 17078.58 and 17250.30, Education Code; and Section 1771.3 in effect on January 1, 2012 through June 19, 2014, Labor Code.

1. New section filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
2. Amendment of section and Note filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
4. Amendment filed 12-18-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
5. Amendment of subsections (c) and (e) and amendment of Note filed 11-3-2015; operative 1/1/2016 (Register 2015, No. 45).