Cal. Code Regs. Tit. 2, § 1859.184.1 - Application Process for Districts with Financial Hardship Approval

An approved application for districts that have received Financial Hardship approval shall be substantially identical to that of non-financial hardship districts, with the exception of those districts proposing projects that require the use of condemnation proceedings to acquire all or a portion of the site on which the project will be located. In this instance, the following conditions shall apply:

(a) A complete application shall include:

(1) Documentation of Financial Hardship approval pursuant to Section 1859.81.

(2) All project related approvals and requirements that would otherwise apply to SFP projects with the exception of ownership pursuant to Section 1859.23 for those parcels being acquired through condemnation proceedings. A CDE site approval letter is required for all components of the site, including the area to be acquired through condemnation. The CDE Final Plan Approval letter must include the acreage to be acquired through condemnation. This subsection includes the submittal of DSA approved construction plans and related documents.

(3) A copy of the Resolution of Necessity for the initiation of condemnation proceedings.

(4) For any additional parcels that are being acquired without condemnation, documentation that demonstrates that the district has opened escrow, has ownership, or holds a lease meeting the requirements of Section 1859.22.

(5) An appraisal for the value of all properties being acquired as part of the application.

(b) Site Acquisition Funding for Financial Hardship Overcrowding Relief Grant applications using condemnation shall be equal to the sum of:

(1) The lesser of the actual or appraised value for all parcels acquired through means other than condemnation, pursuant to Section 1859.74.

(2) The appraised value of the parcels being acquired through condemnation, multiplied by 1.15.

(3) Amounts for hazardous waste removal pursuant to Sections 1859.74.2, 1859.74.3 and/or 1859.74.4.

(c) The Overcrowding Relief Grant projects meeting the criteria in subsection (a) above shall be able to request an advance fund release for site acquisition when condemnation proceedings are required for the acquisition of the site. The advance fund release shall be equal to the State share plus the Financial Hardship grant of only the amount determined in subsection (b).

(d) Funds provided in subsection (b) above are for site acquisition purposes only and cannot be transferred over to eligible construction related costs.

When making an apportionment for an Overcrowding Relief Grant project meeting the criteria in this section, the Board shall make a Final Apportionment for the total project cost. However, the fund release for the non site acquisition project costs will not be accepted or processed until the district is able to produce the court order for prejudgment possession verifying the initial amount to be paid through condemnation proceedings. The project timelines for the project as a whole, as specified in law and outlined in Section 1859.90 or 1859.90.2, as applicable, remain in effect. The advance fund release for site acquisition can be requested at any time after the Final Apportionment is granted by the Board. The advance fund release for site acquisition is not subject to the requirements of Section 1859.81.1.

Notes

Cal. Code Regs. Tit. 2, § 1859.184.1

Note: Authority cited: Section 17070.35, Education Code. Reference: Section 17079.20, Education Code.

Note: Authority cited: Section 17070.35, Education Code. Reference: Section 17079.20, Education Code.

1. New section filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4).
2. Amendment of last paragraph 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.
3. Certificate of Compliance as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed 8-23-2013 (Register 2013, No. 34).
4. Amendment of subsection (d) filed 2-1-2024; operative 2/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).