Cal. Code Regs. Tit. 2, § 1859.81.1 - Separate Apportionment for Site Acquisition and Design Costs
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.
(b) If the conditions in (a) are met on a
site that does not require a RA, the Board will apportion all of the following
less any district funds available for the project pursuant to Section
1859.81(a):
(1) An amount not to exceed 100 percent of
the lesser of the preliminary appraised value of the site as determined by
Section 1859.74.1 or the amount the
district reasonably expects to pay for the site including any hazardous
material clean-up.
(2) The
estimated relocation expenses that will 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.
(3) Four percent of the
lesser of the preliminary appraised value of the site or the amount the
district reasonably expects to pay for the site acquisition including any
hazardous material clean-up but not less than $50,000.
(4) The estimated DTSC costs for review,
approval, and oversight of the POESA and the PEA.
(c) If the conditions in (a) are met on a
site that will require a RA, the district is eligible for a separate site
apportionment not to exceed 50 percent of one and one half times the value of
an appraisal that conforms to Section
1859.74.1 for the costs included in
(c)(1) and (c)(4) plus the additional costs included in (c)(2) and (c)(3). The
costs included in (c)(2) and (c)(3) are in addition to 50 percent of one and
one half times the appraisal value cap.
(1)
The cost of the site as determined in Section
1859.74.1 and the amount the
district reasonably expects to pay for any hazardous materials/waste removal
and/or remediation costs for the site.
(2) Fifty percent of the estimated relocation
expenses that will 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.
(3) Fifty percent of
four percent of the lesser of the appraised value of the site or the amount the
district reasonably expects to pay for the site acquisition including any
hazardous materials/waste removal and/or remediation costs for the site, but
not less than 50 percent of $50,000.
(4) The estimated DTSC costs for review,
approval and oversight of the POESA and the PEA.
(d) The limitation of 50 percent of one and
one half times the value of an appraisal for costs in subsections (c), (c)(1)
and (c)(4) may be exceeded when the Board finds that unforeseen circumstances
exist, and when both of the following exist:
(1) CDE determines that the site is the best
available site for meeting the educational and safety needs of the School
District.
(2) Substantiation that
the costs are limited to the minimum required to complete the evaluation and RA
approved by the DTSC.
(e)
For new construction projects, the Board will apportion an amount not to exceed
40 percent of the new construction grant less any district funds available for
the project pursuant to Section
1859.81(a), plus
$150,000 for new school projects and $250,000 for new construction addition
projects that will be pursuing high performance incentive grants as indicated
on the school district governing board resolution that shall be submitted to
the OPSC as part of a funding request pursuant to this Section. For
modernization projects, the Board will apportion an amount not to exceed the
following:
(1) If the Approved Application is
received on or before April 29, 2002, 20 percent of the modernization grant
less any district funds available for the project pursuant to Section
1859.81(a).
(2) If the Approved Application is received
after April 29, 2002, 25 percent of the modernization grant less any district
funds available for the project pursuant to Section
1859.81(a), plus
$250,000 for projects that will be pursuing high performance incentive grants
as indicated on the school district governing board resolution that shall be
submitted to the OPSC as part of a funding request pursuant to this Section.
The amount apportioned is an estimate of the funds needed for design, engineering, and other pre-construction project costs.
Qualifying districts may request a separate apportionment for the design and for site acquisition for the same new construction project. Those projects requesting an Overcrowding Relief Grant, pursuant to Section 1859.180, do not qualify for these separate apportionments.
The amount provided as a separate apportionment shall be offset from the New Construction Adjusted Grant or the Modernization Adjusted Grant amount the district would otherwise be eligible for pursuant to Sections 1859.70, 1859.71.6, 1859.77.4 and 1859.81 when the district submits Form SAB 50-04. A district seeking a separate apportionment for site acquisition or design costs shall submit Form SAB 50-04. If a new construction project received a previous design apportionment, the district may request an additional design apportionment for that project up to the 40 percent maximum design apportionment allowed pursuant to this Section.
The Form SAB 50-04 that is subsequently submitted for the New Construction Adjusted Grant must be for at least 50 percent of the New Construction Grant the district requested as a separate design apportionment.
The Form SAB 50-04 that is subsequently submitted for the Modernization Adjusted Grant must be for at least 80 percent of the Modernization Grant the district requested as a separate design apportionment that was received on or before April 29, 2002.
The Form SAB 50-04 that is subsequently submitted for the Modernization Adjusted Grant must be for at least 60 percent of the Modernization Grant the district requested as a separate design apportionment that was received after April 29, 2002.
When the Board is accepting applications pursuant to Section 1859.95, the funding of the new construction or modernization grant may be made from funds set aside by the Board for financial hardship. The amount provided as a separate apportionment shall be adjusted at a future date to assure that hardship funding for the project does not exceed the amount the district was otherwise eligible to receive.
Notes
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. Amendment of last paragraph filed 7-12-99 as an emergency; operative 7-12-99 (Register 99, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-99 or emergency language will be repealed by operation of law on the following day.
4. 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.
5. Certificate of Compliance as to 7-29-99 order, including amendment of section, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
6. Certificate of Compliance as to 7-12-99 order, including further amendments, transmitted to OAL 11-5-99 and filed 12-22-99 (Register 99, No. 52).
7. Amendment of subsection (b) filed 3-13-2000; operative 4-12-2000 (Register 2000, No. 11).
8. Amendment of section and NOTE filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
9. Amendment of last two paragraphs filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (c) and amendment of penultimate paragraph filed 9-12-2000; operative 9-12-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
11. Certificate of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).
12. Amendment of last two paragraphs of subsection (c) 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.
13. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
14. Amendment of last two paragraphs filed 7-25-2001; operative 7-25-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 30).
15. Amendment of last two paragraphs filed 8-13-2001; operative 8-13-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 33).
16. Amendment of subsection (c) filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
17. Amendment of last two paragraphs filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
18. Amendment of last two paragraphs 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.
19. Amendment of section and NOTE filed 9-16-2002 as an emergency; operative 9-16-2002 (Register 2002, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-2003 or emergency language will be repealed by operation of law on the following day.
20. Amendment of last five paragraphs 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.
21. Certificate of Compliance as to 8-12-2002 order transmitted to OAL 12-3-2002 and filed 1-16-2003 (Register 2003, No. 3).
22. Amendment of subsection (a) and amendment of NOTE filed 2-6-2003; operative 2-6-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 6).
23. Certificate of Compliance as to 9-16-2002 order transmitted to OAL 1-7-2003 and filed 2-19-2003 (Register 2003, No. 8).
24. Amendment of subsection (b), new subsections (c)-(d)(2), subsection relettering, and amendment of newly designated subsections (e)(1)-(2) filed 2-27-2003 as an emergency; operative 2-27-2003 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-27-2003 or emergency language will be repealed by operation of law on the following day.
25. Amendment of subsection (b), new subsections (c)-(d)(2), subsection relettering, and amendment of newly designated subsections (e)(1)-(2) refiled 6-19-2003 as an emergency; operative 6-19-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2003 or emergency language will be repealed by operation of law on the following day.
26. Amendment of subsection (b), new subsections (c)-(d)(2), subsection relettering, and amendment of newly designated subsections (e)(1)-(2) refiled 10-10-2003 as an emergency; operative 10-10-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2004 or emergency language will be repealed by operation of law on the following day.
27. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
28. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).
29. Amendment of subsection (a) and second paragraph following subsection (e)(2) and amendment of NOTE filed 8-31-2007; operative 8-31-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 35).
30. Amendment of subsections (e) and (e)(2) and fifth to last paragraph filed 1-25-2011; operative 1-25-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 4).
31. Editorial correction removing superfluous language from subsection (b)(3) (Register 2022, No. 16).
Note: Authority cited: Sections 17070.35, 17072.13 and 17075.15, Education Code. Reference: Sections 17072.12, 17072.20, 17072.33, 17074.15, 17074.16 and 17079.20, Education Code.
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. Amendment of last paragraph filed 7-12-99 as an emergency; operative 7-12-99 (Register 99, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-99 or emergency language will be repealed by operation of law on the following day.
4. 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.
5. Certificate of Compliance as to 7-29-99 order, including amendment of section, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
6. Certificate of Compliance as to 7-12-99 order, including further amendments, transmitted to OAL 11-5-99 and filed 12-22-99 (Register 99, No. 52).
7. Amendment of subsection (b) filed 3-13-2000; operative 4-12-2000 (Register 2000, No. 11).
8. Amendment of section and Note filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
9. Amendment of last two paragraphs filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (c) and amendment of penultimate paragraph filed 9-12-2000; operative 9-12-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
11. Certificate of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).
12. Amendment of last two paragraphs of subsection (c) 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.
13. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
14. Amendment of last two paragraphs filed 7-25-2001; operative 7-25-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 30).
15. Amendment of last two paragraphs filed 8-13-2001; operative 8-13-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 33).
16. Amendment of subsection (c) filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
17. Amendment of last two paragraphs filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
18. Amendment of last two paragraphs 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.
19. Amendment of section and Note filed 9-16-2002 as an emergency; operative 9-16-2002 (Register 2002, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-2003 or emergency language will be repealed by operation of law on the following day.
20. Amendment of last five paragraphs 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.
21. Certificate of Compliance as to 8-12-2002 order transmitted to OAL 12-3-2002 and filed 1-16-2003 (Register 2003, No. 3).
22. Amendment of subsection (a) and amendment of Note filed 2-6-2003; operative 2-6-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 6).
23. Certificate of Compliance as to 9-16-2002 order transmitted to OAL 1-7-2003 and filed 2-19-2003 (Register 2003, No. 8).
24. Amendment of subsection (b), new subsections (c)-(d)(2), subsection relettering, and amendment of newly designated subsections (e)(1)-(2) filed 2-27-2003 as an emergency; operative 2-27-2003 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-27-2003 or emergency language will be repealed by operation of law on the following day.
25. Amendment of subsection (b), new subsections (c)-(d)(2), subsection relettering, and amendment of newly designated subsections (e)(1)-(2)refiled 6-19-2003 as an emergency; operative 6-19-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2003 or emergency language will be repealed by operation of law on the following day.
26. Amendment of subsection (b), new subsections (c)-(d)(2), subsection relettering, and amendment of newly designated subsections (e)(1)-(2)refiled 10-10-2003 as an emergency; operative 10-10-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2004 or emergency language will be repealed by operation of law on the following day.
27. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
28. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).
29. Amendment of subsection (a) and second paragraph following subsection (e)(2) and amendment of Note filed 8-31-2007; operative 8-31-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 35).
30. Amendment of subsections (e) and (e)(2) and fifth to last paragraph filed 1-25-2011; operative 1-25-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 4).
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