SECTIONS 16000-16105

16000.  This chapter may be cited as the State School Building AidLaw of 1952.16001.  The Legislature hereby declares that it is in the interestof the state and of the people thereof for the state to aid schooldistricts of the state in providing necessary schoolsites andbuildings for the pupils of the public school system, this systembeing a matter of general concern inasmuch as the education of thechildren of the state is an obligation and function of the state. In adopting this chapter, the Legislature considers that the greatneed in school construction is for classrooms for the education ofthe pupils of the public school system. It is the intent of theLegislature to first satisfy this primary need to the greatest extentpossible before providing additional educational facilities,regardless of how desirable such additional facilities may be. To theend that school classrooms may be made available at once and to allschool districts in need of such classrooms, provisions for otherneeded school facilities is necessarily subordinated.16002.  As used in this chapter: (a) "Board" means the State Allocation Board. (b) "Director" means the Director of Education for kindergartenand grades 1 to 12, inclusive. (c) Notwithstanding any other law, the term "project" shall bedeemed to include any or all of the purposes for which a schooldistrict has applied for apportionments under this chapter, pursuantto any regulations that the State Allocation Board may adopt. (d) "Grade level maintained by a district" means any of thefollowing: (1) The kindergarten, if any, and grades 1 to 6, inclusive, orgrades 1 to 8, inclusive, maintained by an elementary school districtor a unified school district. (2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, orgrades 7 to 10, inclusive, maintained by a high school district orunified school district. However, not more than one grade level shall be claimed by anydistrict under any one of the paragraphs of this subdivision. (e) "Apportionment" means an apportionment made under this chapterunless the context otherwise requires. The term "apportionment" inSections 16091, 16097, 16099, 16100, 16104, 16105, and any othersection in this chapter where the context justifies, shall be deemedto include funds of a school district required by the board to becontributed toward the purposes thereof. It is hereby declared thatthis construction is not intended as a change in the present law butrather as a declaration of existing law.16002.5.  For the purposes of this chapter, the term "basic bondrequirement," means 5 percent of the assessed valuation of taxableproperty of the district for each grade level maintained by adistrict, as shown by the last equalized assessment of the county orcounties in which the district is located, and as modified by Section41201 or Section 84201.16003.  With respect to applications filed on and after theeffective date of this section by a unified district and anyapportionments and repayments made under the applications, "gradelevel maintained by the district" means the kindergarten, if any, andgrades 1 to 12, inclusive, maintained by the district. A unified district if otherwise eligible, may apply for andreceive an apportionment for either one or both of the grade levels. This section shall not apply to a unified district during thefirst three years following the effective date of this section, orduring the first three fiscal years in which the district is inexistence for all purposes, if the governing board of the districttransmits to the board a written notice stating the district desiresto be exempted from this section during that period.16004.  Notwithstanding any provision of this chapter to thecontrary, the board shall review each application and shall takeaction to insure that apportionments are not made that will providefor construction of permanent facilities to meet temporary peakenrollments at any site or at any grade level. In cases deemed by theboard to be hardship cases involving high school or unified schooldistricts where the district will not be able to house high schoolpupils under basic area limitation formulas prescribed in thischapter, the board may make apportionments for high school facilitiesin excess of the limitations. In that event, the board may providefor the construction of portable facilities at any particular sitefor which the apportionments are made, particularly where the boarddetermines that there will be, within a six- to nine-year periodimmediately following the apportionment for facilities at the site, adiminution in enrollment at the site justifying relocation offacilities. In no event shall the board have any authority to make anapportionment for construction area at a high school attendancecenter which, when added to the area of adequate school constructionat that center, would exceed the area permitted therefor by Sections16053 and 16054.16005.  The Director of General Services shall administer thischapter and shall provide any assistance to the board that it mayrequire.16006.  The State Allocation Board is continued in existence for thepurposes of this chapter. The members of the board and the Membersof the Legislature meeting with the board shall receive nocompensation for their services under this chapter but shall bereimbursed for their actual and necessary expenses incurred inconnection with the performance of their duties hereunder, to be paidout of the State School Building Aid Fund.16007.  The board by the adoption of rules shall give priority inallocating funds to districts to those districts where the childrenwill benefit most from additional schoolhouse facilities. Thispriority shall be based on acuteness of overcrowding, on rapidity ofgrowth in attendance, and on the time the district's application hasbeen ready for allotment. The board may make exceptions when itdetermines that it will be for the benefit of the children affected. The State Department of Education shall assist and cooperate withthe board in determining priorities.16008.  In allocating funds under this chapter, the board may givefirst priority to school districts for the replacement and repair ofschool buildings and necessary facilities appurtenant thereto damagedby any earthquake occurring subsequent to July 1, 1952. All of theprovisions of this chapter apply to the districts except theprovisions for the establishment of priorities. Prior to making any apportionment under this section, the StateAllocation Board may secure from the Department of General Services,a report showing the urgency of the work of replacement or repair forwhich an application has been filed. The report shall not beconclusive upon the State Allocation Board, but shall be advisoryonly.16009.  In addition to any other powers and duties that are grantedthe board by this chapter, the board shall: (a) Establish any qualifications not in conflict with otherprovisions of this chapter that it deems will best serve the purposesof this chapter for determining the eligibility of school districtsto apportionments of funds under this chapter. (b) Establish any procedures and policies in connection with theadministration of, and the expenditure of funds made available forthe purpose of, this chapter that it deems necessary and which arenot in conflict with the powers and duties of the State Department ofEducation or of the director granted or imposed by this chapter. (c) Adopt any rules and regulations for the administration of thischapter, requiring the procedure, forms, and information, that itmay deem necessary.16010.  The State Department of Education, in addition to anyresponsibilities or approvals required under Sections 39000 to 39323,inclusive, shall provide the following services to school districtsmaking applications for apportionments under this chapter: (1) It shall assist school districts in organizing a comprehensiveplanning effort. It shall guide a planning process through itsappropriate steps and, when requested by a school district, it shallprovide the school district with sources of expertise, either publicor private, which may be able to contribute to the development ofplans to find solutions for specific problems a school district mayhave. (2) It shall provide continuing research in relation to all phasesof educational programs and the school facilities that are requiredto implement these educational programs. (3) It shall provide a review and evaluation service to schooldistricts to assure the effectiveness of the facilities that havebeen provided in accommodating educational programs. (4) It shall provide communication media through publications,seminars, and prepare planning guides and procedures containingrecommendations, which guides shall be used to disseminateeducational planning information to all school districts.16011.  Each school district which desires an apportionment of fundsunder this chapter shall, unless specifically exempted by the board,prepare a long-range comprehensive master plan for the districtprepared in accordance with acceptable planning procedures.Information relating to the following factors should be included inthis master plan: (a) A statement of the educational programs and goals of thedistrict in relation to its programs, both current and future. (b) A comprehensive evaluation and report of the utilization ofthe school facilities now existing in the district. (c) A comprehensive demographic study of the district, as itcurrently exists and as projected into the future. (d) A policy statement regarding actual or potential humanproblems. (e) A policy statement as to the priority in which the districtproposes to solve its school housing problems. (f) A policy statement regarding cooperation with other localpublic agencies to achieve total community development. (g) A policy to insure continuous review so that plans will bekept up to date and changing conditions will be reviewed andaccommodated by appropriate revision of plans. The director shall review the long-range master plan and projectdevelopment plan and shall report his or her findings andrecommendations thereon to the board.16012.  The board shall prescribe instructions specifying the mannerin which property, real or personal, being replaced through theapportionment, shall be disposed of, and compliance with theinstructions shall be a condition upon the making of theapportionment. The net proceeds derived from the disposition shall becontributed in reduction of any apportionment. Any school districtaffected shall comply with instructions prescribed by the board. Theboard may require a district to transfer to the state, by anyinstruments deemed appropriate by the board, title to property,whereupon, the board shall dispose of the property in any manner itdeems appropriate to insure the highest return to the state, andapply the proceeds therefrom in reduction of apportionments to thedistrict. The district affected shall do all things deemed necessaryby the board to implement the disposition. Whenever the boarddetermines it to be in the best interests of the state, anapportionment may be made for the demolition of any facilitiesreplaced through an apportionment. This section shall be applicableto property replaced by apportionments heretofore or hereafter madeunder this chapter or Chapter 6 (commencing with Section 15700) ofthis part.16013.  Notwithstanding any other provisions of this chapter, theboard may grant priority in the apportioning of funds to schooldistricts to those districts which have sold facilities replacedunder a previous application and have applied the proceeds therefromin reduction of prior apportionments to the district. Apportionmentsso made shall not be in excess of the amount of the proceeds whichwere applied to prior apportionments subsequent to July 1, 1970, andshall be made only for projects which were approved by the boardprior to July 1, 1970.16014.  Apportionment from the State School Building Aid Fund toschool districts shall be made in the manner and subject to theconditions herein provided and in accordance with policies adopted bythe board, for the following purposes, all of which purposes arehereby declared to be, and are, public works: (a) The purchase and improvement of schoolsites which have beenapproved by the State Department of Education. (b) The purchase of necessary desks, tables, chairs and othermovable furniture and equipment, as approved by the State Departmentof Education. (c) The planning and construction, reconstruction, alteration of,the moving of portable classroom buildings on an existing site or toanother schoolsite, and addition to, school buildings, includingbuilt-in or fixed equipment, for any facilities that are approved bythe State Department of Education as essential, except a room usedsolely for an auditorium for a school of any type or class and a roomused solely for a gymnasium or a room used solely for a cafeteriafor elementary schools. This section does not prohibit the StateDepartment of Education from approving multipurpose rooms which arerooms designed to be used for two or more of the following purposes: (1) Classroom. (2) Auditorium. (3) Gymnasium. (4) Cafeteria. (5) Any other purposes that district requires which are approvedby the State Department of Education. Where a district is required by a contract entered into betweenitself and a contractor, to obtain at its own expense insurancecovering risks incurred during any construction, reconstruction oralteration for which an apportionment has been made, the cost thereofmay be paid either directly, or by way of reimbursement, to thedistrict out of the apportionment, or out of any apportionment madespecifically covering the insurance. However, in other respects theapportionments are eligible for payment under this chapter. In addition to the foregoing, the board may make an apportionmentto a school district for the purchase from another school district ofexisting facilities, real or personal, including the site thereof,or any portion of any of the foregoing, providing that the boardfinds that it is economical and good practice on the part of theacquiring district to purchase the same, and that the considerationto be paid in the light of all the circumstances surrounding thetransfer is fair and equitable both to the acquiring district and tothe state.16015.  Notwithstanding any other provisions of this chapter, theboard may make an apportionment to any school district for the costof leasing portable classrooms during the period in which additionalschool facilities are being constructed by a previously approvedproject, provided that each of the following conditions is satisfied: (a) The district has received a final apportionment for thepreviously approved project and the construction of which has not yetbeen completed. (b) Estimates of average daily attendance used for justifying thepreviously approved project indicate either of the following: (1) An increase over the base period of projection of at least 15percent. (2) A substantial number of district classes being on triplesession during the period of construction, as determined by the StateAllocation Board. (c) The district is making maximum use of its existing facilitiesthrough the operation of one or more continuous school programs. Any apportionment made to a school district pursuant to thissection shall be added to the final apportionment for the previouslyapproved project specified in subdivision (a), and the repaymentthereof by the school district shall be made under the same terms andconditions as prescribed for the final apportionment.16016.  A leasehold or use permit interest held by a school districtin land owned in fee simple by the government of the United Statesmay, for all purposes of this chapter, be deemed a purchase of landby the district and to vest title and ownership in the district.16017.  The board shall not make any apportionment with respect toan application for replacing inadequate school facilities unless ithas first investigated and made a finding that it would not beeconomical or good practice to rehabilitate said facilities.16018.  In addition to the purposes for which apportionments may bemade to school districts under Section 16014, apportionments may alsobe made to school districts for the construction, repair, attachmentor development of offsite facilities, utilities or improvementswhich the board determines are necessary to the proper operation orfunctioning of the school facilities for which apportionments aremade, all of which purposes are hereby declared to be, and are,public works.16019.  In making applications for, and in expending apportionmentsof funds under this chapter, a school district acts as an agent ofthe state and all sites purchased and improved, all equipmentpurchased, and all buildings constructed, reconstructed, altered, oradded to through the expenditure of funds apportioned under thischapter, are declared to be, and are, the property of the state. The Director of General Services shall file with the countyrecorder of the county in which any site purchased or improvedthrough the expenditure of funds apportioned under this chapter islocated a certificate, properly acknowledged, indicating the state'sinterest in real property of the district by virtue of this section,without the necessity of particularizing the real property. Therecorder shall record and index the certificate in the same manner asabstracts of judgments and the certificate shall constituteconstructive notice of the state's interest in the particular realproperty affected. The certificate shall as to any party thereafteracquiring real property or any interest therein in the county fromthe school district have the same force, effect and priority as if ithad been a judgment lien imposed upon real property which was notexempt from execution. This effect shall commence upon recordationand continue until the certificate is discharged or released asprovided herein. Upon request the Director of General Services shall do each of thefollowing: (a) Issue a release of the state's interest in any real propertyor a portion thereof that the district has been authorized by theboard to dispose of under Section 16105, provided that delivery ofthe release may be subject to any conditions that may be prescribedby the board to protect the state's interest. (b) Issue a disclaimer of the state's interest in any realproperty or a portion thereof of the district, the disposition ofwhich the board is not required to consent to under the terms ofSection 16105, provided that the delivery of the disclaimer may besubject to any conditions that the board deems appropriate to protectthe interests of the state, including conditions relating to theamount of consideration to be received from the disposition where theboard asserts an interest in the proceeds of the disposition underother provisions of this chapter. The release or disclaimer shallconclusively protect any third party relying upon the same and shallbe acknowledged to permit recordation by the county recorder. Upon payment by the district of all amounts required to be paid byit or on its behalf to the state under this chapter each of thefollowing shall occur: (a) The Director of General Services shall file with the recordera release of any certificate. The release shall be recorded andindexed in the same index as the certificate. (b) The title to personal property purchased by the schooldistrict with funds apportioned under this chapter shall revert tothe school district without further action by the state.16020.  The board may require school districts to insure for thebenefit of the state all sites, equipment, and buildings which areunder Section 16019 the property of the state, against any risk andin any amounts that the board may deem necessary to protect theinterests of the state. No state funds apportioned under this chaptershall be used to pay the premiums on the insurance.16021.  A school district shall not expend money apportioned underthis chapter unless the contracts under which the funds are expendedhave been let after competitive bids thereafter pursuant to thiscode.16022.  Funds apportioned to a school district under Section 16024for a project, remaining unencumbered or unexpended one year from thedate the application of the district for apportionment was approved,shall not be encumbered or expended except as provided in thissection. The governing board of the district shall notify the board of itsdesire to encumber or expend funds. The board shall immediatelyrequest the State Department of Education to, and the departmentshall, review the project for which apportionment was made. If theState Department of Education finds that the conditions existing atthe time it approved the project for which the apportionment was madehave so changed that the needs of the district are less thanoriginally determined, it shall notify the board of its findings andof the respects in which the project should accordingly be modified.The board shall review the project and revise the project in anymanner that it deems necessary subject to Section 16067, and make anychanges in the purposes for which the apportionment may be expendedthat it deems necessary. The cost of the project as revised by theboard shall be computed in the manner prescribed by Section 16024 andthe excess, if any, of the amount theretofore apportioned to thedistrict over the computed cost of the revised project shall bededucted by the board from the apportionment made to the district.The board shall give notice of its action, in writing, to theController, the governing board of the district, and the countyauditor and the county treasurer having jurisdiction over the stateschool building fund of the district. If the amount of the excess, orany portion thereof, has not been paid to the district, the excess,or portion thereof, shall be made available for apportionment toother districts, if the excess, or portion thereof, has been paid tothe district, it shall not be encumbered or expended by the districtand shall become due and payable to the State of California. Thegoverning board of the district and the county treasurer shall paythe amount to the Treasurer, out of the funds, and in the mannerspecified in Section 16100. The payment shall, on order of theController, be deposited in the State School Building Aid Fund in theState Treasury. It shall be the duty of the governing body and county treasurer tomake the payments to the Treasurer as provided in this section, andit shall be the duty of the Controller to enforce the collection onbehalf of the state. This section does not authorize the board to increase anyapportionment made to a school district.16023.  Notwithstanding any other provisions of this chapter, adistrict may apply, on a separate application, for an apportionmentfor the purchase of laboratory and vocational training equipment,whether or not the equipment is for use in connection with aconstruction project. All of the provisions of this chapter apply to the application andapportionment except that: (a) Any application for the equipment pursuant to this sectionwhich is received by the board shall be transmitted to the StateDepartment of Education. If the State Department of Educationapproves the application, it shall refer it to the board which shalleither approve or reject the application pursuant to Section 16024.Any provision of Section 16024 inconsistent with this section shallnot apply to the application. (b) Section 16007 does not apply. (c) If the application is approved and an apportionment grantedtherefor the district shall repay the full amount of theapportionment and the interest thereon. The repayment of theapportionment, and the interest thereon, may be over a period ofyears, not to exceed 20 years from the first day of January of thefiscal year next succeeding the fiscal year in which theapportionment became final. The number of years allowed for repaymentshall be determined by the board at the time it fixes interest onthe apportionment. The repayment is in addition to any otherrepayment required under this chapter.16024.  Each school district that desires an apportionment for agrade level maintained by it, shall submit through its governingboard to the board an application therefor in the form and number ofcopies as the board shall prescribe. Each copy of the applicationshall be accompanied by a statement of the estimated cost of theproject certified by an architect or structural engineer, and bylayout plans showing the entire construction project for which thedistrict desires an apportionment. Before the board approves anapplication for a construction project and makes an apportionmentpursuant to this chapter, it shall, after consultation with theDepartment of General Services, establish standards for all newconstruction included therein. After this consultation the boardshall establish current construction cost standards for thatconstruction. The standards shall not exceed typical comparable newconstruction by school districts in the same area not receiving oreligible for apportionment under this chapter, or if there has beenno new construction by school districts in the area, the standardsshall not exceed the reasonable current cost of similar constructionin the area. The board shall determine these typical current costs orreasonable current costs. In applying those standards the boardshall take into account the size and type of the constructionproposed and may make deviations as in their judgment are justified.When a standard has been set by the board to cover any individualapportionment, no apportionment shall be made by the board in excessof that standard, unless the board shall find that in view of a rapidincrease in building costs an adjustment is warranted. Immediatelyupon receipt of an application in the prescribed form accompanied bythe required estimate of cost, a copy thereof shall be transmitted bythe board to the director and to the Director of General Services. A school district shall not let any contract for new constructionincluded in an application for a construction project that has beenapproved by the board if the cost exceeds the construction coststandards fixed by the board under this section for that newconstruction. A school district may at any time amend or supplement itsapplication. Each construction project for which a district applies for anapportionment shall be applied for on a separate application andshall be considered separately by the board. If a district appliesfor more than one construction project, at the same time or atdifferent times, the priority points of the district shall berecalculated after the approval of each separate construction projectand before a subsequent construction project is approved. The board shall require the changes in the plans that an applicantschool district submits with its application as the board determinesis necessary or desirable to reduce the cost of the project. Theboard may also, by rule, provide for the vesting in the director orin the Director of General Services of the responsibility forrequiring those changes, according to whether the subject matter ofthe change is subject to the jurisdiction or approval of the directoror the Director of General Services, respectively. The board may, for good cause as it shall determine, reduce theamount of, or modify any provisions relating to, any contributionrequired of a school district under the terms of an apportionment,other than any contribution required of the district under Section16058 from the sale of bonds. However, the board may not, without theconsent of the district, increase the amount of any districtcontribution under the terms of an apportionment, in the absence ofmistake arising from any source, or misrepresentation, concealment,or omission, on the part of the district, intentional or otherwise.The provisions of this paragraph shall be applicable toapportionments heretofore or hereafter made. The Director of General Services shall determine the schooldistrict's financial ability to meet all or a portion of the cost ofthe project and the amount that the school district can contributetoward the cost of the project out of its available funds, and shallsubmit his or her report thereon to the board. The term "available funds" as used in the preceding paragraphmeans funds of the district other than funds received by gift orbequest. The director shall, as promptly as possible, prepare a report andrecommendation with respect to the application and refer theapplication, report, and recommendation to the Director of GeneralServices, who shall, if he or she finds the documents to be in properform and otherwise sufficient, refer them to the board. If thedirector finds the documents to be lacking in any respect as to anymatter that is subject to the jurisdiction or approval of thedirector or the State Department of Education, or the board ofgovernors, as appropriate to their jurisdiction, he or she shallrefer them to the director who shall take action as may be necessary.Subject to this chapter, the board shall approve or reject eachapplication referred to it by the director. If the board approves ofthe application, either in whole or in part, it shall, by aresolution adopted by it, apportion to the district from the StateSchool Building Aid Fund the amount applied for, or any portionthereof as the board may deem appropriate. However, it may order thatthe apportionment or any part thereof shall be paid in progressiveinstallments at the time and under the conditions as it may thenprescribe. This shall be known as a conditional apportionment andshall become final only if the vote provided for in Section 16058 isfavorable and if bonds are authorized and sold in the amountsprescribed by the board, and the proceeds of the bonds sold earmarkedfor the project as approved. The conditional apportionment shallremain effective for a period of 12 months from the date of theresolution of the board, and if it does not become a finalapportionment by that date, it shall become void and the money soapportioned shall become again available for apportionment pursuantto this chapter.16025.  Notwithstanding any other provisions of this chapter, aschool district otherwise eligible to receive a conditionalapportionment under this chapter may apply for an adjustment ofannual repayment obligations in lieu of receiving the conditionalapportionment. The board may require any information that is necessary todetermine the number of units of estimated average daily attendancefor which the district would have been eligible to construct schoolfacilities under this chapter, if the conditional apportionment hadbeen made and had become final. These units shall be known as"eligible attendance units." The board shall then determine an "eligible facilities cost" bymultiplying the number of the eligible attendance units by theaverage cost of housing elementary or high school pupils as set forthin the latest report to the Legislature required under Section16098. In any fiscal year in which the school district is in the judgmentof the board operating sufficient year-around classes to providehousing for the eligible attendance units aforementioned, theDirector of General Services shall add to the amount which he or sheis required to certify to the Controller under Sections 16072, 16084,and 16086 an amount equal to one-twentieth of the eligiblefacilities costs. The additional amount so certified shall be considered for allpurposes of this chapter as eligible bonded debt service.16026.  Notwithstanding any other provisions of this chapter, anyschool district whose governing board has adopted and put into effecta year-round school operation plan or continuous school program, asdefined in Section 16030, or has adopted a plan or program foroperation in the following school year, may apply to the board andthe board may provide financial assistance in furnishing andinstalling an air cooling system in those facilities which will be sooperated, so long as the construction of the facility was commencedprior to December 31, 1972. Financial assistance provided by theboard may be in any of the following forms: (a) An apportionment pursuant to Section 16024. (b) An authorization to use proceeds from the sale of districtbonds. (c) An authorization to use the net proceeds derived from the saleof unused schoolsites whether or not there are unpaid apportionmentsoutstanding against the sites. The board shall establish cost standards applicable to thefurnishing and installing of air cooling systems in existing schools.No apportionment or authorization shall be made by the board inexcess of the standard established for the apportionment.16027.  In any fiscal year in which the school district isconducting a year-round school operation or continuous schoolprogram, as defined in Section 16030, utilizing a facility for whichfinancial assistance was provided by the board under Section 16026,the Director of General Services shall add to the amount which he orshe is required to certify to the Controller under Sections 16072,16084 and 16086 an amount equal to the debt service for retirement ofbonds authorized for use under Section 16026.16028.  Any authorization of the proceeds derived from the sale ofan unused site pursuant to Section 16026 shall constitute aconversion of the unpaid portion of the apportionment to theapplication for an air cooling system as if an apportionment hadoriginally been made therefor. The converted apportionment shall berepaid pursuant to Section 16069 irrespective of Section 16105.16028.5.  Whenever a school district has received an increasedbuilding cost allowance pursuant to Section 16024 or 16026 for thepurpose of providing facilities for year-round school operation asdefined in Section 16030, and in any fiscal year subsequent to thefiscal year in which the facilities are completed fails to conduct ayear-around school operation, the Director of General Services shallin the following fiscal year deduct an amount from the eligiblebonded debt service of the district equal to one-twentieth of theamount of the increased cost allowance plus interest thereon. Thetotal amount to be deducted in subsequent fiscal years after thecompletion of the facilities shall not exceed seven-twentieths of theamount of the increased allowance, plus interest.16029.  Notwithstanding any other provisions of this chapter, aschool district qualifying for an adjustment of annual repaymentobligations under Section 16025 or 15731 may apply for anapportionment under this chapter. The apportionment shall not exceed the "eligible facilities cost",as defined in Section 16025 or 15731, and may be made available,upon the review and recommendation of the State Department ofEducation, only for the modifications of existing facilitiesnecessary for the implementation of continuous school programs (asdefined in Chapter 5 (commencing with Section 37600) of Part 22). In allocating funds under this chapter, the board may give firstpriority to school districts for modifications to existing facilitiesto be made pursuant to this section when in the judgment of theboard the modifications of existing facilities are necessary foroperation of year-round classes. In no event shall apportionments bemade for modifications to a standard greater than could have beenconstructed in a new school building under this article. All of theprovisions of the chapter apply to the districts except theprovisions for the establishment of priorities. Any apportionment made under this section shall be deducted fromthe eligible facilities costs before the Director of General Servicesmakes his or her computation of the adjustment under Section 16025or 15731.16031.  Notwithstanding any provision of this chapter to thecontrary, no school district shall be required, except as provided inthis section, to contribute toward the cost of a project for whichan application for an apportionment is filed, any of the followingfunds of the district: (a) Amounts in the general fund of the district which areapportionments from the State School Fund. (b) Amounts in the general fund of the district which are theproceeds of a tax levy and have not been earmarked by the governingboard of the district or the electors of the district for anypurposes for which school district bonds may be issued and sold. In considering an application for an apportionment the board mayreview the purposes for which the district has expended or encumberedproceeds from the sale of district bonds authorized to be issued atan election held on or after September 3, 1952. Upon a finding by theboard that any such proceeds have been expended or encumbered forpurposes outside the scope and intent of this chapter, the board mayrequire the district to contribute toward the project for which anapportionment is sought from any funds of the district, except thosereferred to in subdivision (a) above, an amount equal to the amountof district bonds proceeds expended or encumbered for purposesoutside the scope and intent of this chapter. Proceeds from the saleof district bonds which have been encumbered or expended for thepurchase of schoolbuses authorized by Section 15100 shall be deemedencumbered or expended for purposes outside the scope and intent ofthis chapter. If a district is required pursuant to this section to make acontribution toward the project for which an apportionment is soughtas a result of the purchase prior to January 1, 1967, of schoolbusesauthorized by Section 15100 out of proceeds from the sale of districtbonds, the district at the time that the board determines that thecontribution is required may agree to pay the required contributionby payment into the State School Building Aid Fund by 10 or lessannual installments payable without interest over a period notexceeding 10 years after the date of the final apportionment. Thefirst installment shall be due and payable one year after the date ofthe final apportionment. The installment payments shall be made bythe governing board of the district from moneys in the general fundof the district if money is available therefor. If the governingboard of the district determines that money is not available in thegeneral fund of the district for such purposes, the maximum rate ofschool district tax for any school year is hereby increased for anyschool year by such amount not to exceed the amount of the proposedpayment into the State School Building Aid Fund as shown by thebudget for such school year as finally adopted by the governing boardof the district, less any unencumbered balances remaining at the endof the preceding school year derived from the revenue from theincrease in the rate of tax provided by this section.16032.  Notwithstanding any other provisions of this chapter,whenever the board makes a finding pursuant to Section 16031 thatproceeds from the sale of district bonds have been expended orencumbered by a school district for purposes outside the scope andintent of this chapter the board, in lieu of requiring the districtto contribute toward the project for which an apportionment is soughtfrom any funds of the district, may stipulate that such bond fundsexpended or encumbered shall not be considered as "eligible bondeddebt service" as defined in Section 16070 and 16084.16033.  The expenditure by a school district, prior to the filing ofan application for an apportionment under this chapter, of proceedsfrom the sale of district bonds for the construction of a swimmingpool, shall not in and of itself constitute grounds for denying anapportionment, but the board may require a contribution of districtfunds therefor under Section 16031.16034.  Before the board approves an application for a furniture orequipment project, or an application for a new construction project,including furniture and equipment, and after consultation with theState Department of Education, it shall establish current furnitureand equipment cost standards. Such standards shall not exceed thequantity and quality of furniture and equipment for comparablefacilities purchased by school districts not receiving or noteligible for an apportionment under this chapter. Such standardsshall consist of equipment costs for each type of classroom or pupilstation which represents a differential in costs. The standards shallbe reviewed quarterly by the board and adjustments made inaccordance with current cost standards. When standards have beenadopted by the board, no apportionment shall be made by the board inexcess of such standards unless a rapid increase in costs warrants anadjustment. Before the board approves an application for furniture andequipment in connection with an application for the replacement of,reconstruction of, alteration of, or addition to, a school building,the State Department of Education, after full consideration of allthe furniture and equipment existing in the applicant district thatis in usable condition, shall recommend the amount that shall beapproved in the application. The board may approve all or a portionof the amount so recommended.16035.  The board may approve, in whole or in part, an applicationsubmitted by a school district under Section 16024 and in suchamount, not exceeding the amount applied for, as the board may deemappropriate. The board may, upon approval of the application, in whole or inpart, and subsequently from time to time, make a conditionalapportionment or conditional apportionments not exceeding in theaggregate the total amount determined by the board, to the applicantschool district from the State School Building Aid Fund for thatportion or portions of the construction project as the boarddetermines the district is ready to proceed with. If the board hasapproved an application and made an apportionment as to a portion orportions of a construction project, the board may approve theremaining portion or portions of the construction project and make anadditional apportionment or apportionments within five years afterthe original approval without requiring a district to issueadditional bonds. The board may also make an additional apportionmentor apportionments for a period of time in excess of five years afterthe original approval without requiring a district to issueadditional bonds if it has made a finding that the additionalapportionment or apportionments are justified by virtue of the factthat state funds were not available for apportionment within thetwo-year period after the original approval because of the inabilityof the state to sell authorized state bonds within the maximumpermitted interest rate. If the board determines that the actual cost is in excess of theestimated cost of the specific school plant facilities or sites forwhich an apportionment to a district has been made, or for which adistrict's application has been approved in whole or in part pursuantto this section, the board may make an additional apportionment tothe district in an amount equal to the excess even though theadditional apportionment will result in the total apportionments tothe district exceeding the amount of the application originallyapproved by the board. Before the additional apportionment becomesfinal the district, pursuant to Section 16058, shall hold an electionto repay the amount of the additional apportionment which is inexcess of the amount which the district has previously voted torepay. The additional apportionment shall become final when thecounty superintendent of schools transmits to the board and theController a certificate in duplicate stating that the schooldistrict has authorized the acceptance and expenditure of thenecessary amount of the excess. If the additional apportionments aremade by the board within five years after the original approval,except an apportionment made final pursuant to subdivision (c) ofSection 16058, the district shall not be required to issue additionalbonds. Except as otherwise provided in this section, all provisions ofthis chapter relating to apportionments shall apply to apportionmentsmade under this section. Whenever an apportionment has heretofore been made or is hereaftermade to a district for a site and the district heretofore orhereafter proposes to acquire the site through negotiation orcondemnation but the total acquisition cost thereof, plus all othercosts incidental to either the acquisition or condemnation of thesite, exceeds or exceeded the apportionment for the site, the boardmay at any time hereafter make an additional apportionment to providefor the differential in total acquisition cost without the districtbeing required to issue additional bonds to qualify, providing theboard finds (1) that it is in the interest of the state to proceedwith the acquisition despite the acquisition costs, and (2) that thedistrict is unable to provide, or it would be a hardship to requireit to provide, the excess costs. The board may also, in itsdiscretion, as a condition of making the apportionment, require thedistrict to repay in full all or any part of the excessapportionment, under the terms and conditions that the board deemsdesirable, and the district shall be empowered and obligated tocomply if it accepts the excess apportionment, notwithstanding anyother law to the contrary; provided, (1) that no the repayment shallbe required from any source that would be exempt from requiredcontribution toward the cost of a project under Sections 16024 and16031 (excepting amounts in the General Fund raised by taxes to payany judgment requiring the repayment), and (2) that any portion ofthe apportionment not required to be repaid in full, shall berepayable in the same manner as a construction apportionment. Approval of an application under this section shall not beconstrued as creating or implying any obligation, commitment orpromise on the part of the board or the state to make apportionmentsunder this chapter.16036.  The board shall, after consultation with the StateDepartment of Education, establish site cost standards which shall beused in evaluating the cost in relationship to the size of any siteto be acquired wholly or partially with funds apportioned under thischapter. In determining the standards, consideration should be givento the following factors: (a) The grade level of the school. (b) The location of the school. (c) The enrollment to attend the school. (d) The purchase price of each acre of the site. (e) The site development cost. (f) Land use in the area.16037.  Notwithstanding any other provision of this chapter,whenever the board has made an apportionment more than two yearsafter the original approval of and apportionment for any constructionproject, and pursuant to Section 16035 has required the district toissue additional qualifying bonds as a condition of theapportionment, the board may continue to make apportionments as itmay consider necessary to complete the approved construction projectwithout requiring further qualification by the district, provided theapportionments are made within two years of the date upon which theadditional qualifying bonds were required.16038.  Notwithstanding the provisions of Section 16035, if theboard has approved an application for a construction project and hasmade an apportionment therefor, the board may make an additionalapportionment or apportionments for a period of time in excess of twoyears after the original approval without requiring a district toissue additional bonds; provided that: (1) the approved projectprovides for the structural rehabilitation of an unsafe schoolbuilding, and (2) the apportionment is necessary to cover costsresulting from additional items of work necessary for compliance withstructural safety requirements, and the need for such additionalwork was not foreseen at the time of the original apportionment.16039.  Notwithstanding any other provisions of this chapter, adistrict which applies for an apportionment for the purchase of asite or for the cost of the preparation of plans and specifications,which is not a part of a construction project, shall make a separateapplication for the site or plans and specifications in the samemanner as prescribed by Section 16024. All of the provisions of this chapter apply to that applicationand apportionment except that: (a) If the State Department of Education determines that withinfive years in the case of an application for an elementary gradelevel maintained by the district, or within seven years, in the caseof an application for a high school grade level maintained by thedistrict, from the date of the application for the site or for theplans and specifications, there will be sufficient enrollment in thedistrict, based upon enrollment projection criteria adopted by theboard, to show the need of such site or for the plans andspecifications, it may approve the application. The board may modifya determination respecting future enrollment in connection with anapplication for an elementary grade level maintained by the districtto utilize a period of seven years from the date of the applicationif it is necessary to meet the emergency conditions existing in thatcertain district due to a rapid increase in the enrollment of pupils,or due to the scarcity of land within the district, or both. Anyapplication referred to the board pursuant to this section may beeither approved in whole or in part, not exceeding the amount appliedfor, as the board may deem appropriate, pursuant to Sections 16024and 16035, except that the board may approve additional portions ofan application and make an additional apportionment or apportionmentswithin five years of the original approval without requiring adistrict to issue additional bonds. No additional approval pursuantto the original application or apportionment thereunder may be madeunless the board first has investigated and determined the necessityof the additional approval or apportionment, and has received areport thereon from the State Department of Education. Any provisionof Section 16024 inconsistent with this section does not apply tothat application. As used in this section, an "elementary grade levelmaintained by the district" is a grade level composed of the gradesand maintained by the districts specified in clause (1) ofsubdivision (e) of Section 16002. As used in this section a "highschool grade level maintained by the district" is a grade levelcomposed of the grades and maintained by the districts specified inclause (2) of subdivision (e) of Section 16002. (b) Section 16007 does not apply. (c) An application for a site pursuant to this section may includean amount for the preparation of plans and specifications for schoolfacilities and for the development of the site, which will conformto those eligible for construction under this chapter. (d) If the application is approved and an apportionment grantedtherefor the district shall repay the full amount of theapportionment and the interest thereon. The repayment of theapportionment for a site and the interest thereon, may be over aperiod of years, not to exceed 30 years from the first day of Januaryof the fiscal year next succeeding the fiscal year in which theapportionment became final. The repayment of the apportionment forplans and specifications, and the interest thereon, may be over aperiod of years, not to exceed 30 years from the first day of Januaryof the second fiscal year succeeding the fiscal year in which suchapportionment became final. The number of years allowed for repaymentshall be determined by the board at the time it fixes interest onthe apportionment. The repayment is in addition to any otherrepayment required under this chapter. If an apportionment is grantedpursuant to this section for a site and the site is subsequentlyused in a construction project for which an apportionment is receivedunder other provisions of this chapter, or if an apportionment isgranted pursuant to this section for plans and specifications and theplans and specifications are subsequently used in a constructionproject for which an apportionment is received under other provisionsof this chapter, the district shall not be required to make anyfurther repayments for the site, or the plans and specifications, asthe case may be, pursuant to this section and the unpaid balance ofthe apportionment and interest owing on the apportionment for thesite, or the plans and specifications, as the case may be, pursuantto this section shall be added to the principal amount of theapportionment and accrued interest thereon for the constructionproject. The site is "subsequently used in a construction project"within the meaning of the preceding sentence, if it is used inconnection with a construction project at the same grade level by anydistrict receiving a construction apportionment therefor, as this isnot intended as a change in the present law, but as a statement ofthe existing law. In addition, the site is "subsequently used in aconstruction project" within the meaning of that reference, if it isused in connection with the construction project by any districtreceiving a construction apportionment therefor at a different gradelevel, providing that in the latter instance the board in itsdiscretion consents by resolution to the combination of the site andconstruction apportionments.16039.5.  Notwithstanding the provisions of Section 16039, if theboard has made apportionments pursuant to the section for purchase ofa site or preparation of plans and specifications and the districtafter January 1, 1977, (1) begins construction on the site offacilities which are justified by the maximum building areas setforth in Sections 16047, 16052, 16053, and 16054, or (2) uses theplans and specifications for the construction of the facilitiesusing, in any case, funds other than an apportionment, the site orplans and specifications shall be deemed to be "subsequently used ina construction project" within the meaning of Section 16039. In thesecases, the balance of the principal amount of the apportionment forthe site or plans and specifications, and accrued interest thereon,shall not be payable pursuant to Section 16039, but shall be added bythe Controller to, and become a part of, any apportionment forconstruction pursuant to Section 16041, as if an apportionment hadbeen made for the construction and had become final upon the dateconstruction began.16040.  In any month in which the priority point proceduresprescribed by Section 16007 are utilized, the board may apportion toschool districts, under Section 16039, not more than the sum of fourhundred thousand dollars ($400,000); provided that any amountapportioned or made final pursuant to subdivision (c) of Section16058 shall not be subject to the limitation.16041.  If an apportionment is or has been made at any time afterSeptember 9, 1953, for construction on a site for which anapportionment was made pursuant to Section 16039, from and after thedate the apportionment for construction becomes, or became, final, norepayment deductions by the Controller pursuant to Section 16080attributable to the apportionment for the site shall thereafter bemade, except that any the repayment deductions attributable to thesite apportionment which would otherwise be made by the Controllerduring the fiscal year in which the construction apportionmentbecomes final shall be made during the fiscal year only. The balanceof the principal amount of the apportionment for the site, andaccrued interest thereon, shall be added by the Controller to andbecome part of the apportionment for construction, as of the date ofthe apportionment, and repaid in the manner otherwise prescribed bythis article. The Controller shall promptly notify the governingboard of the district and the county auditor of the county, thecounty superintendent of which has jurisdiction over the district, ofany revision required by this section of any previous computationmade by him or her pursuant to Section 16089.16042.  In addition to any powers granted the board under thischapter, the board shall have authority to make apportionments toschool districts for the purchase of sites and construction orpurchase of temporary and portable buildings thereon, or for theconstruction alone, and for the cost of site preparation, includingnecessary utility costs, in connection with their utilization. Theboard may establish standards in conjunction with the StateDepartment of Education pertaining to said sites and facilities as acondition of making the apportionments. In addition, the board may expend moneys from the State SchoolBuilding Aid Fund directly for the construction, acquisition,storage, maintenance and repair of the buildings, and administrativecosts relating thereto. In the event the board may lease, sell ortransfer under a lease-purchase agreement the buildings to eligibleschool districts or to county superintendents of schools. Anyagreements with school districts may provide for the payment by thestate of site preparation costs, including necessary utility costs,sufficient to permit the utilization of the facilities. Any buildingleased for placement on the school property or under a purchase or alease-purchase agreement shall be deemed the construction oralteration of a school building as those terms are defined inSections 17280 to 17313, inclusive. The consideration payable byeither school districts or county superintendents for the facilitiesshall, as nearly as practicable, reflect an amount which would renderto the state a fair return, as determined by the board, on itsinvestment in said facilities and expenditures connected with theirutilization, in the light of the benefits conferred by the agreementpertaining thereto. The county superintendent of schools may contract with eligibleschool districts respecting and transfer to them by lease,lease-purchase or sale, facilities acquired by him or her from theboard, provided that the agreements are not inconsistent with therights of the state under any agreement between the superintendentand the board respecting the property. Repayments to the state as dueshall be made by the county superintendent from the funds receivedfrom the affected school districts, and, if necessary to make thesame when due, from the county school service fund, upon which he orshe is authorized to draw requisitions for this purpose. The fundshall be reimbursed for the withdrawals from any payments made by theaffected districts to the county superintendent not required whenmade for the discharge of any obligations of the countysuperintendent hereunder to the state. No transfer of any property acquired directly by the board to anyschool district by lease or otherwise shall be made either by theboard or county superintendents without the approval of the StateDepartment of Education solely as to (1) the property to betransferred, including incidental construction, if any, connectedtherewith, (2) whether the same shall be by lease or sale, and (3) ifless than a sale, the term of the lease, including any contingent orindefinite term. The board, affected school districts, and county superintendentsof schools are authorized to do any and all things necessary to carryout the purposes of this section. Payments required of any affectedschool districts under any agreement entered into pursuant to thissection shall be made promptly when due. Whenever the board deems iteconomically desirable in the state's interest to do so, it maydispose of any facilities directly acquired by it to any public orprivate parties in the manner and under the terms as it deems best,providing that the disposition is not inconsistent with anyagreements previously entered into under this section. The term "eligible school districts" as used in this section,shall be deemed to refer to those districts which at the time anagreement contemplated hereunder is entered into would upon properapplication have been eligible to receive an apportionment under thischapter, provided that solely for the purpose of determining theeligibility the board, or the county superintendent of schools inagreements with districts hereunder, may waive construction arearestrictions pertaining to apportionments under this chapter.16043.  If, after a conditional apportionment has been made to aschool district, legal proceedings initiated prior or subsequent tothe making of any conditional apportionment prevent the taking,within the period during which the conditional apportionment remainseffective under Section 16024, of the actions necessary to permit theconditional apportionment to become final, the conditionalapportionment shall nevertheless remain effective for a period ofnine months from the date upon which such legal proceedings arefinally determined. The amount of the apportionment may be diminishedby the board after a second investigation at which the board shalldetermine whether conditions existing at the time it approved theproject for which apportionment was made have so changed that theneeds of the district are less than originally determined, and if so,the conditional apportionment shall be reduced by a correspondingamount.16044.  No apportionment shall be made for new construction which,when added to the area of adequate school construction existing inthe applicant school district at the time of application, willprovide a total area of school building construction per unit ofaverage daily attendance of the estimated average daily attendance inexcess of that computed in accordance with Sections 16047, 16052,16053, 16054, and 16055. As used in Sections 16047, 16052, 16053, 16054, and 16055,"maximum area" means maximum area of school building construction and"attendance unit" means unit of estimated average daily attendance. As used in this section and Sections 16053, 16054, and 16055,"attendance center" means a school maintained or to be maintained ata given location within a district. The State Department of Educationshall approve or disapprove the allocation by an applicant districtof units of estimated average daily attendance among the attendancecenters of the district. To the building area permitted to an applicant school district bySections 16047, 16052, 16053, 16054, and 16055, there may be addedany additional building area that may be required to provide adequatefacilities for exceptional children pursuant to Article 3(commencing with Section 16190) of this chapter. No estimate of average daily attendance made by an applicant forthe purpose of justifying an apportionment shall be made for a longertime than the third fiscal year beyond the fiscal year in which anapplication is made, except that an estimate for the purpose ofjustifying an apportionment for a grade level maintained by a unifieddistrict, under an application filed prior to September 15, 1961, orby a high school district composed of grades 7 to 12, inclusive, 9to 12, inclusive, or 7 to 10, inclusive, or of justifying anapportionment for a unified district for a junior high school or highschool project under an application made on or after the effectivedate shall not be made for a longer time than the fourth fiscal yearbeyond the fiscal year in which the application is made. Except asotherwise provided by the board, the estimates of average dailyattendance shall be based upon the number of family dwellings andmobilehome parks, as defined in Section 18214 of the Health andSafety Code, under construction or newly constructed and neveroccupied in the district and the number of children residing in thedistrict. In no case shall an estimate be given effect unlessapproved by the board. For the purposes of this chapter pupils attending grades 7 and 8in an elementary district but residing in a high school districtwhich maintains one or more junior high schools shall not beconsidered in determining or estimating the average daily a