§ 1859.77.3. Use of New Construction Grant Funds for Projects Accepted by the DSA After January...
2 CA ADC § 1859.77.3Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 2. Administration
Division 2. Financial Operations (Refs & Annos)
Chapter 3. Department of General Services
Subchapter 4. Office of Public School Construction
Group 1. State Allocation Board
Subgroup 5.5. Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program)
Article 8. New Construction and Modernization Grant Determinations
2 CCR § 1859.77.3
§ 1859.77.3. Use of New Construction Grant Funds for Projects Accepted by the DSA After January 22, 2003.
New Construction Grant funds and any other funds provided by these Regulations shall be expended as set forth in Education Code Section 17072.35; and may also be utilized for the cost incurred by the district for the development and implementation of remedial action plan approved by the DTSC pursuant to Education Code Section 17213.
Authorization for use of New Construction Grants for which the final plans and specifications for the project were accepted by the DSA after January 22, 2003 may be requested as follows:
(a) A district may request new construction grants that exceed the capacity of the project based on loading standards pursuant to Education Code Section 17071.25(a)(2) and any loading standards adopted by the SAB by these regulations if the project is to construct a multipurpose, gymnasium, Multipurpose/Gymnasium Hybrid, and/or library, or for an Alternative Education school to construct a multipurpose/gymnasium, library, counseling offices, and/or conference rooms, at an existing site that does not have an existing or adequate facility of the type being requested when all of the following is met:
(5) For purposes of this Section, a Multipurpose/Gymnasium Hybrid is considered to be both a multipurpose and a gymnasium. A school site with a middle school and/or high school pupils is eligible for one multipurpose and one gymnasium; therefore, if a school site has an adequate multipurpose and an adequate gymnasium, it is not eligible for a Multipurpose/Gymnasium Hybrid under this Section.
(6) For purposes of this section to determine if an existing facility is inadequate, the existing square footage is less than 60 percent of the square footage necessary for the current CBEDS for the site plus the Net School Building Capacity of the proposed project as calculated pursuant to Sections 1859.82(b), 1859.82.1(b)(4)(B)2., except for Alternative Education Schools. For Alternative Education Schools, refer to the following:
Alternative Education |
Support Facility | Existing Site Plus Proposed Project Contain 1 or 2 Classrooms | Existing Site Plus Proposed Project Contain 3 to 10 Classrooms* | Existing Site Plus Proposed Project Contain 11 or More Classrooms* |
Multipurpose Facility or Gymnasium (includes food service) | 2,500 sq. ft. | 6.3 sq. ft. per pupil minimum 4,000 sq. ft. | 6.3 sq. ft. per pupil minimum 7,200 sq. ft., maximum of 18,000 sq. ft. |
Counseling Offices, and/or Conference Rooms | 1,000 sq. ft. Combined Total | 1,000 sq. ft. | 1,000 sq. ft. |
Library/Media Space | 4.3 sq. ft. per pupil plus 600 sq. ft. | 4.3. sq. ft. per pupil plus 600 sq. ft. |
* The proposed project cannot include more than eight classrooms.
(b) A district may request new construction grant eligibility determined at a different grade level than the proposed project that does not exceed the capacity of the project, unless the project includes a request as indicated in Section 1859.77.3(a), based on loading standards pursuant to Section 17071.25(a)(2) and any loading standards adopted by the SAB by these regulations when all of the following is met:
(c) A district may request new construction eligibility based on the SFP Regulation Section 1859.77.2 or 1859.77.3, as appropriate, in place as of the date of a local bond election provided that clear language was included in the local bond that specifically identified the proposed project, and provided that the project meets all laws and regulations of the SFP.
If a district wishes to amend its Approved Application to include or increase its use of grants request after the submittal to the OPSC, the district must request in writing that the Approved Application be withdrawn and removed from the OPSC workload list. The resubmitted application will receive a new processing date by the OPSC.
The New Construction Grant amount provided shall be determined based on the grant amount provided in Education Code Section 17072.10 for the grade level that generated the eligibility and any New Construction Additional Grant or New Construction Excessive Cost Hardship Grant the district qualifies for as provided by these regulations.
Credits
Note: Authority cited: Sections 17070.35 and 17072.13, Education Code. Reference: Sections 17072.13 and 17072.35, Education Code.
History
1. New section filed 7-7-2003 as an emergency; operative 7-7-2003 (Register 2003, No. 28). 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.
2. New section refiled 11-3-2003 as an emergency; operative 11-3-2003 (Register 2003, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-2004 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-2-2004 as an emergency, including further amendment of first paragraph; operative 3-2-2004 (Register 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-2004 order transmitted to OAL 6-28-2004 and filed 8-9-2004 (Register 2004, No. 33).
5. Amendment of subsections (a), (a)(5) and (a)(6)(A)-(B) filed 1-31-2005; operative 1-31-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 5).
6. Amendment of subsection (a), new subsection (a)(5), subsection renumbering and amendment of newly designated subsections (a)(7)(B)-(C) filed 3-12-2013; operative 7-1-2013 (Register 2013, No. 11).
7. Amendment of subsection (a)(7)(A), new subsections (a)(7)(A)1.-(a)(7)(A)3.b. and amendment of subsection (a)(7)(B) filed 9-11-2018; operative 1-1-2019 (Register 2018, No. 37).
8. Amendment of subsections (a)(6) and (a)(7)(A)2. 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.
9. Certificate of Compliance as to 8-30-2020 order transmitted to OAL 5-5-2021 and filed 6-16-2021 (Register 2021, No. 25).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 2, § 1859.77.3, 2 CA ADC § 1859.77.3
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