"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.
(b) To qualify for replacement funding for
School Buildings, the district must submit an Approved Application for funding
based on their specific circumstances in accordance to either (1) or (2) below:
(1) For School Buildings that are lost,
destroyed, or unable to be repaired the district must submit:
(A) A report from a licensed design
professional (a design professional licensed by the appropriate State of
California oversight authority) identifying the School Buildings that are the
Most Vulnerable Category 2 building(s) and;
(B) DSA letter(s) of concurrence to the
findings in the report required in (b)(1)(A);
(C) If the collapse potential is due to
faulting, liquefaction, or landslide, or if it is otherwise required by DSA for
project approval, the district must submit 1. and 2. below:
1. A geological hazards report prepared by an
engineering geologist indicating the potential for building displacement and
recommended site improvements to mitigate the hazard
2. Concurrence to the report from the
California Geological Survey.
(D) Documentation which demonstrates that the
facilities in the project must be reconstructed in order to house the current
enrollment of the District.
(2) For School Buildings with interior square
footage to be mitigated, the district must submit:
(A) A report from a licensed design
professional (a design professional licensed by the appropriate State of
California oversight authority) identifying the structural deficiencies that
pose an unacceptable risk of injury to its occupants in a seismic event and the
minimum mitigation work necessary to obtain DSA approval.
(B) DSA letter(s) of concurrence to the
report
(C) If the collapse
potential is due to faulting, liquefaction, or landslide, or if it is otherwise
required by DSA for project approval the district must submit 1. and 2. below:
1. A geological hazards report prepared by an
engineering geologist indicating the potential for building displacement and
recommended site improvements to mitigate the hazard
2. Concurrence to the report from the
California Geological Survey.
(D) Documentation that demonstrates that the
facilities in the project must be reconstructed in order to house the current
enrollment of the district.
(E) A
detailed Form SAB 58-01 that meets the following requirements:
1. The Form SAB 58-01 must use the most
current edition of the Current Construction Remodeling and Repair Cost
publication by Sierra West Publishing. For all materials or items listed in the
most current edition of the Current Construction Remodeling and Repair Cost
publication, amounts entered on the Form SAB 58-01 must use the provided unit
costs. For individual materials or items that are not contained in the most
current edition of the Current Construction Remodeling and Repair publication,
the district must provide supporting documentation for OPSC to review the
requested unit cost.
2. All
requested line items shall include Construction Specifications Institute
reference number (CSI #), description, quantity, unit, cost per unit, and
District's request. Any line items that include amounts in lump-sum formats
will not be reviewed or approved.
3. The work in the Form SAB 58-01 shall match
the work outlined in the report provided by the industry specialist (a person
or entity that specializes in the specific area of expertise for that health
and safety issue) for the minimum work that would be required to mitigate the
seismic threat if the School Building were to be rehabilitated instead of
replaced.
4. The Form SAB 58-01 may
also include any ancillary work required by DSA to obtain plan approval for the
minimum work required to mitigate the seismic threat.
(F) A cost/benefit analysis that demonstrates
that the minimum work to mitigate the seismic threat and remain in the School
Building(s) exceeds 50 percent of the Current Replacement Cost.
(G) All other documents required to complete
an Approved Application for funding. This includes:
1. A completed Application For
Funding (Form SAB 50-04).
2. The DSA Plan Approval letter for the
project or documentation from DSA verifying that the project is exempt from
their approval process.
3. CDE Plan
Approval letter for the project or documentation from CDE verifying that the
project is exempt from their approval process.
4. If the project is for a high school site,
a letter or meeting minutes from the district's Career and Technical Education
Advisory Committee (CTEAC) certifying that the district is in compliance with
all career technical facility needs and assessments as outlined in Education
Code, Section
17070.955.
(3) Applications for seismic mitigation
replacement funding that do not meet the requirements of (1) or (2) above shall
be returned without review.
(4) If
the district qualifies for Replacement funding in accordance to (a)(1) or
(a)(2) above, the district is eligible to receive funding for the project as
follows:
(A) If the district is required to
replace the entire site and relocate to a new site, the district is eligible to
receive funding as follows:
1. A New
Construction Grant will be provided for the lesser of 2. or 3. below.
2. The classroom capacity determined by
multiplying the number of classrooms on the project site being replaced by:
a. 25 pupils for each K-6
classroom.
b. 27 pupils for each
7-12 classroom.
c. 13 pupils for
each Non-Severely Disabled Individuals with Exceptional Needs
classroom.
d. 9 pupils for each
Severely Disabled Individuals with Exceptional Needs
classroom.
3. The higher
of a., b., or c. below:
a. The CBEDS Report of
the current enrollment reporting year at the existing project site.
b. The average CBEDS Report of the current
enrollment reporting year and two immediately preceding enrollment reporting
years at the existing project site.
c. If the site is closed, use the CBEDS
Report of the last enrollment reporting year in which the site was
open.
4. Additional
funding may be provided, as applicable, for:
a. Fire code requirements pursuant to Section
1859.71.2,
b. therapy room pursuant to Section
1859.72,
c. multilevel construction pursuant to
Section
1859.73,
d. project assistance pursuant to Section
1859.73.1.
e. replacement with multistory construction
pursuant to Section
1859.73.2,
h. Applicable site development costs pursuant
to Section
1859.76, and
i. New construction Excessive Cost Hardship
Grant for geographic location pursuant to Section
1859.83(a),
j. New construction Excessive Cost Hardship
Grant for small size projects pursuant to Section
1859.83(b),
k. New construction Excessive Cost Hardship
Grant for new school projects pursuant to Section
1859.83(c),
l. New construction Excessive Cost Hardship
Grant urban location, security requirements and impacted site pursuant to
Section
1859.83(d).
(B) If the district qualifies to replace some
but not all School Buildings on the project site, funding will be based on the
Square Footage of the School Buildings replaced and is capped by the lesser of
the amount provided in accordance to the chart below and the Square Footage
constructed for each category as justified by enrollment at the project site as
follows:
1. The enrollment at the project
site, is determined by the higher of a. or b. below, or c.:
a. The CBEDS Report of the current enrollment
reporting year at the existing project site.
b. The average CBEDS Report of the current
enrollment reporting year and two immediately preceding enrollment reporting
years at the existing project site.
c. If the site is closed, use the CBEDS
Report of the last enrollment reporting year in which the site was
open.
2. Using the
enrollment determined in 1. any permanent replacement Square Footage provided
in accordance to a. and b. below will be calculated in accordance to the chart
below.
a. Non-specialized classroom space
provided is limited by the enrollment determined in Section
1859.82.2(b)(4)(B)1.
rounded up to the nearest whole classroom based on Section
1859.82.2(b)(4)(A)2.,
and reduced for any space available to house the displaced pupils.
b. Classrooms with specialized design such as
auto shop, metal shop, music rooms, consumer home economic laboratories,
industrial technology laboratories, or science laboratories will qualify for
funding if used for its specialized purpose in the current enrollment reporting
year or immediately preceding enrollment reporting year. Additionally, these
spaces will not count as available capacity for purposes of providing funding
in this section when calculating space available to house displaced
pupils.
c. Any space not in the
chart below will be provided based on the Square Footage replaced. This may
include but is not limited to janitor's closets, hallways, workrooms, and
vestibules.
Facility |
Elementary
School Pupils |
Middle School
Pupils |
High School
Pupils |
Multi-Purpose (includes food
service) |
5.3 sq. ft. per pupil minimum 4,000 sq. ft. |
5.3 sq.
ft. per pupil minimum 5,000 sq. ft. |
6.3 sq. ft. per pupil minimum 8,200
sq. ft. |
|
|
|
|
Toilet |
3 sq. ft. per pupil minimum 300
sq. ft. |
4 sq. ft. per pupil minimum 300 sq. ft. |
5 sq. ft. per
pupil minimum 300 sq. ft. |
|
|
|
|
Gymnasium (includes shower/locker
area) |
N/A |
12.9 sq. ft. per pupil minimum 6,828 sq. ft. maximum
16,000 sq. ft. |
15.3 sq. ft. per pupil minimum 8,380 sq. ft. maximum
18,000 sq. ft. |
|
|
|
|
School Administration |
3 sq. ft. per
pupil minimum 600 sq. ft. |
3 sq. ft. per pupil minimum 600 sq.
ft. |
4 sq. ft. per pupil minimum 800 sq. ft. |
|
|
|
|
Library/Media Center |
2.3 sq. ft. per
pupil plus 600 sq. ft., minimum 960 sq. ft. |
3.3 sq. ft. per pupil plus
600 sq. ft. minimum 960 sq. ft. |
4.3 sq. ft. per pupil plus 600 sq. ft.
minimum 960 sq. ft. |
|
|
|
|
Kindergarten Classrooms (including Transitional
Kindergarten) |
1,350 sq. ft. for each replacement
classroom. |
NA |
NA |
|
|
|
|
Classrooms (1st-12th grade) |
960 sq. ft.
for each replacement classroom |
960 sq. ft. for each replacement
classroom |
960 sq. ft. for each replacement classroom |
|
|
|
|
Computer instructional support area and
Industrial and Technology/Education Laboratory |
960 sq. ft. for each
replacement classroom. |
960 sq. ft. for each replacement
classroom. |
960 sq. ft. for each replacement classroom. |
|
|
|
|
Laboratory Classrooms (including science and
consumer home economics) |
1,300 sq. ft. for each replacement
classroom. |
1,300 sq. ft. for each replacement classroom. |
1,300
sq. ft. for each replacement classroom. |
d. Beginning August 31, 2020, the resulting
Square Footage amount(s) shall be multiplied by $204 per square foot for all
non-Toilet Facilities and by $366 per square foot for Toilet Facilities
(includes shower/locker area and physical therapy area for Individuals with
Exceptional Needs).
3.
Additional funding may be provided, as applicable, for:
a. therapy room pursuant to Section
1859.72,
b. multilevel construction pursuant to
Section
1859.73,
c. project assistance pursuant to Section
1859.73.1.
d. replacement with multistory construction
pursuant to Section
1859.73.2,
e. site acquisition pursuant to Section
1859.74,
g. Applicable site development costs pursuant
to Section
1859.76, and
h. Excessive Cost Hardship Grant for
geographic location pursuant to Section
1859.83(a),
and
i. Excessive Cost Hardship
Grant for small size projects pursuant to Section
1859.83(b).
(C) If the district qualifies for replacement
funding, the funding may be used to rehabilitate the facility as long as the
seismic hazard is fully mitigated. If replacement funding is used for
rehabilitation work, the district may request the following supplemental
grants, as applicable, for:
1. Fire code
requirements pursuant to Section
1859.71.2 if the funding is based
on a per-pupil basis pursuant to Section
1859.82.2(b)(4)(A),
2. Therapy room pursuant to Section
1859.72,
3. Project assistance pursuant to Section
1859.73.1,
4. Excessive Cost Hardship Grant for
geographic location pursuant to Section
1859.83(a),
5. Excessive Cost Hardship Grant for small
size projects pursuant to Section
1859.83(b),
and
6. Excessive Cost Hardship
Grant for urban location, security requirements and impacted site pursuant to
Section
1859.83(d).
(c) Districts may qualify for seismic
mitigation funding to rehabilitate their School Buildings including lunch
shelters and covered walkways, exterior square footage of School Buildings, or
site conditions. Factors to be considered by the Board may include (1) or (2)
below:
(1) School Buildings where the minimum
cost to rehabilitate and remain in the School Building is 50 percent or less of
the Current Replacement Cost.
(2)
Square footage of the Most Vulnerable Category 2 School Buildings, covered
walkways, and lunch shelters that need repair or replacement to mitigate a
collapse potential in the event of seismic activity as confirmed by the
DSA.
(3) To qualify for seismic
mitigation rehabilitation funding, the district must submit an Approved
Application for funding as well as all documents outlined below. Applications
that do not meet these requirements will be returned without review.
(A) A report from a licensed design
professional (a design professional licensed by the appropriate State of
California oversight authority) identifying the structural deficiencies that
pose an unacceptable risk of injury to its occupants in a seismic event and the
minimum mitigation work necessary to obtain DSA approval.
(B) DSA letter(s) that concur to the findings
and minimum mitigation work outlined in the report required by
(b)(1)(A).
(C) If the collapse
potential is due to faulting, liquefaction, or landslide, or if it is otherwise
required by DSA for project approval, the district must submit 1. and 2. below:
1. A geological hazards report prepared by an
engineering geologist in accordance with California Building Code, Part 2,
Chapter 18, Section
1803 A and with the concurrence of
the California Geological Survey.
2. Concurrence to the report in 1. from the
California Geological Survey.
(D) A detailed Form SAB 58-01 that meets the
following requirements:
1. The Form SAB 58-01
must use the most current edition of the Current Construction Remodeling and
Repair Cost publication by Sierra West Publishing. For all materials or items
listed in the most current edition of the Current Construction Remodeling and
Repair Cost publication, amounts entered on the Form SAB 58-01 must use the
provided unit costs. For individual materials or items that are not contained
in the most current edition of the Current Construction Remodeling and Repair
publication, the district must provide supporting documentation for OPSC to
review the requested unit cost.
2.
All requested line items shall include Construction Specifications Institute
reference number (CSI #), description, quantity, unit, cost per unit, and
District's request. Any line items that include amounts in lump-sum formats
will not be reviewed or approved.
3. The work in the Form SAB 58-01 shall match
the work outlined in the report provided by the industry specialist (a person
or entity that specializes in the area of expertise for that health and safety
issue) for the minimum work required to mitigate the seismic threat. The Form
SAB 58-01 submitted to OPSC shall be for the same scope of work reviewed and
concurred to by DSA, and that is referenced in the governmental concurrence
letter for the project.
4. The Form
SAB 58-01 may also include any ancillary work required by DSA to obtain plan
approval for the minimum work required to mitigate the seismic
threat.
(E) A
cost/benefit analysis that demonstrates that the minimum work to mitigate the
seismic threat and remain in the School Building(s) is less than 50 percent of
the Current Replacement Cost.
(F)
All other documents required to complete an Approved Application for funding.
This includes:
1. A completed
Application For Funding (Form SAB 50-04).
2. The DSA Plan Approval letter for the
project or documentation from DSA verifying that the project is exempt from
their approval process.
3. CDE Plan
Approval letter for the project or documentation from CDE verifying that the
project is exempt from their approval process.
4. If the project is for a high school site,
a letter or meeting minutes from the district's Career and Technical Education
Advisory Committee (CTEAC) certifying that the district is in compliance with
all career technical facility needs and assessments as outlined in Education
Code Section
17070.955.
(4) If the district qualifies for seismic
mitigation funding to repair their permanent School Buildings, the district is
eligible to receive funding for the project as follows:
(A) The Seismic Rehabilitation Grant based on
50 percent of the eligible costs in the Form SAB 58-01 required in Section
1859.82.2(c)(3)(D)
that have been reviewed by OPSC and approved by the Board.
(B) If the district qualifies for
rehabilitation funding, the funding may be used towards the replacement of the
facility as long as the qualifying seismic threat is fully mitigated.
(C) Applicable supplemental grants may be
provided for the following:
1. project
assistance pursuant to Section
1859.73.1.,
2. Excessive Cost Hardship Grant for
geographic location pursuant to Section
1859.83(a),
and
3. Excessive Cost Hardship
Grant for accessibility and fire code requirements in accordance with Section
1859.83(e)(3).
(d) Any grants provided in accordance to (b)
or (c) above shall be adjusted as follows:
(1) For projects funded in accordance to (b)
above:
(A) Reduced for any space deemed
available by the Board in the district, HSAA, or Super HSAA that could be used
to house some or all of the displaced pupils in the project,
(B) Reduced by 50 percent of any insurance
proceeds collected by the district for the project. Any insurance proceeds
collected after Apportionment shall be reported to OPSC and the Apportionment
will be amended accordingly.
(C)
Reduced by 50 percent of the net proceeds available from the disposition of the
property and/or facilities in the project.
(2) For projects funded in accordance to (c)
above:
(A) 50 percent of any insurance
proceeds collectable by the district for the project.
(B) 50 percent of the net proceeds available
from the disposition of any displaced facilities in the
project.
(e)
Adjustments to School Facility Program per-pupil grants.
(1) The district's New Construction
Eligibility will be adjusted for any net increase in classroom capacity in the
project pursuant to Section
1859.51(i).
(2) The baseline eligibility for
modernization as provided in Section
1859.60 will be adjusted for any
funding received in accordance to (b) above. The age of the classroom and
Square Footage in the project shall be reset to the date of the Apportionment
for the project.
(f)
Districts that qualify for Financial Hardship assistance may file an
application for design funding, site funding, and determination of program
eligibility in advance of construction funding.
(1) To request advanced funding for design
for eligible projects, the district must submit an
Application for
Funding (Form SAB 50-04) indicating the request for design funding and
all documents listed in Section
1859.82.2(c)(3)(A)
through Section
1859.82.2(c)(3)(E).
(2) Advanced funding for design shall be
provided based on the eligible project type as follows:
(A) For projects receiving funding for
advanced design for the replacement of all School Buildings on the project
site, pursuant to Section
1859.82.2(b)(4)(A),
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).
(B) For projects receiving funding for
advanced design for at least one but not all School Buildings on the project
site pursuant to Section
1859.82.2(b)(4)(B),
the Board will apportion an amount not to exceed 40 percent of the Facility
Hardship Square Footage Grant less any district funds available for the project
pursuant to Section
1859.81(a).
(C) For projects receiving funding for
advanced design for a Seismic Rehabilitation Grant pursuant to Section
1859.82.2(c), the
Board will apportion an amount not to exceed 25 percent of the costs determined
pursuant to Section
1859.82.2(c)(4)(A)
less any district funds available for the project pursuant to Section
1859.81(a).
(3) Advanced funding for site shall be
provided pursuant to Section
1859.82.2(b)(4)(A)4.
The district is eligible for advanced funding for site acquisition as
calculated pursuant to Section
1859.81.1.
(4) The amount apportioned for advanced
design 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 seismic
mitigation project.
(5) The
district is required to submit an Approved Application for funding and an
updated Form SAB 58-01 for projects funded in accordance with Section
1859.82.2(c) or
site development worksheet for projects funded in accordance with Section
1859.82.2(b), that
reflects the final approved drawings for the project within:
(A) 18 months from the date of Apportionment
if the project scope will be for repair or replacement on the same
site.
(B) 24 months from the date
of Apportionment if the project scope is for the replacement of School
Building(s) which will be located on a replacement site.
(6) If the district does not submit the
Approved Application for funding within the timelines required by Section (2)
above, the application will be reduced to eligible costs incurred.
(7) Upon receipt of the Approved Application,
the application will be reviewed for conformance with all program laws and
regulations.
(8) Any funding
provided in Section
1859.82.2 shall be offset by any
advanced design funding previously provided for the project pursuant to Section
1859.82.2(f)(2).
Notes
Cal.
Code Regs. Tit. 2, §
1859.82.2
1. New
section filed 8-31-2020 as an emergency; operative 8-31-2020 (Register 2020,
No. 36). Emergency expiration extended 60 days (Executive Order N-40-20) plus
an additional 60 days (Executive Order N-66-20). A Certificate of Compliance
must be transmitted to OAL by 6-29-2021 or emergency language will be repealed
by operation of law on the following day.
2. Editorial correction of
subsection (b)(4)(B)2.c. (Register 2021, No. 25).
3. Certificate of
Compliance as to 8-30-2020 order, including amendment of second paragraph and
subsections (b)(1)(A), (b)(2)(A), (b)(2)(E)3., (b)(4)(A)4.f.-g., (b)(4)(B)3.f.,
(c)(3)(A) and (c)(3)(D)3., transmitted to OAL 5-5-2021 and filed 6-16-2021;
amendments operative 6-16-2021 pursuant to Government Code section
11343.4(b)(3)
(Register 2021, No. 25).
Note: Authority cited: Section
17070.35,
Education Code. Reference: Sections
17075.10,
17075.15,
101012(a)(1)
and
101122,
Education Code.
1.
New section filed 8-31-2020 as an emergency; operative
8/31/2020
(Register
2020, No. 36). Emergency expiration extended 60 days (Executive
Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A
Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency
language will be repealed by operation of law on the following
day.
2. Editorial correction of subsection (b)(4)(B)2.c.
(Register
2021, No. 25).
3. Certificate of Compliance as to
8-30-2020 order, including amendment of second paragraph and subsections
(b)(1)(A), (b)(2)(A), (b)(2)(E)3., (b)(4)(A)4.f.-g., (b)(4)(B)3.f., (c)(3)(A)
and (c)(3)(D)3., transmitted to OAL 5-5-2021 and filed 6-16-2021; amendments
operative 6/16/2021 pursuant to Government Code section
11343.4(b)(3)
(Register
2021, No. 25).