17075.10. (a) A school district may apply for hardship assistance
in cases of extraordinary circumstances. Extraordinary circumstances
may include, but are not limited to, the need to repair, reconstruct,
or replace the most vulnerable school facilities that are identified
as a Category 2 building, as defined in the report submitted
pursuant to Section 17317, determined by the department to pose an
unacceptable risk of injury to its occupants in the event of a
seismic event.
(b) A school district applying for hardship state funding under
this article shall comply with either paragraph (1) or (2).
(1) Demonstrate both of the following:
(A) That due to extreme financial, disaster-related, or other
hardship the school district has unmet need for pupil housing.
(B) That the school district is not financially capable of
providing the matching funds otherwise required for state
participation, that the district has made all reasonable efforts to
impose all levels of local debt capacity and development fees, and
that the school district is, therefore, unable to participate in the
program pursuant to this chapter except as set forth in this article.
(2) Demonstrate that due to unusual circumstances that are beyond
the control of the district, excessive costs need to be incurred in
the construction of school facilities. Funds for the purpose of
seismic mitigation work or facility replacement pursuant to this
section shall be allocated by the board on a 50-percent state share
basis from funds reserved for that purpose in any bond approved by
the voters after January 1, 2006. If the board determines that the
seismic mitigation work of a school building would require funding
that is greater than 50 percent of the funds required to construct a
new facility, the school district shall be eligible for funding to
construct a new facility under this chapter.
(c) The board shall review the increased costs that may be
uniquely associated with urban construction and shall adjust the
per-pupil grant for new construction or modernization hardship
applications as necessary to accommodate those costs. The board shall
adopt regulations setting forth the standards, methodology, and a
schedule of allowable adjustments, for the urban adjustment factor
established pursuant to this subdivision.
17075.15. (a) From funds available from any bond act for the
purpose of funding facilities for school districts with a financial
hardship, the board may provide other construction, modernization, or
relocation assistance as set forth in this chapter or Chapter 14
(commencing with Section 17085) to the extent that severe
circumstances may require, and may adjust or defer the local
financial participation, as pupil health and safety considerations
require to the extent that bond act funds are provided for this
purpose.
(b) The board shall adopt regulations for determining the amount
of funding that may be provided to a district, and the eligibility
and prioritization of funding, under this article.
(c) The regulations shall define the amount, and sources, of
financing that the school district could reasonably provide for
school facilities as follows:
(1) Unencumbered funds available in all facility accounts in the
school district including, but not limited to, fees on development,
redevelopment funds, sale proceeds from surplus property, funds
generated by certificates of participation for facility purposes,
bond funds, federal grants, and other funds available for school
facilities, as the board may determine.
(2) The board may exclude from consideration all funds encumbered
for a specific capital outlay purpose, a reasonable amount for
interim housing, and other funds that the board may find are not
reasonably available for the project.
(d) Further, the regulations shall also specify a method for
determining required levels of local effort to obtain matching funds.
The regulations shall include consideration of at least all of the
following factors:
(1) Whether the school district has passed a bond measure within
the two-year period immediately preceding the application for funding
under this article, the proceeds of which are substantially
available for use in the project to be funded under this chapter, but
remains unable to provide the necessary matching share requirement.
(2) Whether the principal amount of the current outstanding bonded
indebtedness issued for the purpose of constructing school
facilities for the school district and secured by property within the
school district or by revenues of, or available to, the school
district, which shall include general obligation bonds, Mello-Roos
bonds, school facility improvement district bonds, certificates of
participation, and other debt instruments issued for the purpose of
constructing school facilities for the school district and for which
owners of property within the school district or the school district
are paying debt service is at least 60 percent of the school district'
s total bonding capacity, as determined by the board.
(3) Whether the total bonding capacity, as defined in Section
15102 or 15106, as applicable, is five million dollars ($5,000,000)
or less, in which case, the school district shall be deemed eligible
for financial hardship.
(4) Whether the application for funding under this article is from
a county superintendent of schools.
(5) Whether the school district submits other evidence of
substantial local effort acceptable to the board.
(6) The value of any unused local general obligation debt
capacity, and developer fees added to the needs analysis to reflect
the district's financial hardship, available for the purposes of
school facilities financing.
17075.10. (a) A school district may apply for hardship assistance
in cases of extraordinary circumstances. Extraordinary circumstances
may include, but are not limited to, the need to repair, reconstruct,
or replace the most vulnerable school facilities that are identified
as a Category 2 building, as defined in the report submitted
pursuant to Section 17317, determined by the department to pose an
unacceptable risk of injury to its occupants in the event of a
seismic event.
(b) A school district applying for hardship state funding under
this article shall comply with either paragraph (1) or (2).
(1) Demonstrate both of the following:
(A) That due to extreme financial, disaster-related, or other
hardship the school district has unmet need for pupil housing.
(B) That the school district is not financially capable of
providing the matching funds otherwise required for state
participation, that the district has made all reasonable efforts to
impose all levels of local debt capacity and development fees, and
that the school district is, therefore, unable to participate in the
program pursuant to this chapter except as set forth in this article.
(2) Demonstrate that due to unusual circumstances that are beyond
the control of the district, excessive costs need to be incurred in
the construction of school facilities. Funds for the purpose of
seismic mitigation work or facility replacement pursuant to this
section shall be allocated by the board on a 50-percent state share
basis from funds reserved for that purpose in any bond approved by
the voters after January 1, 2006. If the board determines that the
seismic mitigation work of a school building would require funding
that is greater than 50 percent of the funds required to construct a
new facility, the school district shall be eligible for funding to
construct a new facility under this chapter.
(c) The board shall review the increased costs that may be
uniquely associated with urban construction and shall adjust the
per-pupil grant for new construction or modernization hardship
applications as necessary to accommodate those costs. The board shall
adopt regulations setting forth the standards, methodology, and a
schedule of allowable adjustments, for the urban adjustment factor
established pursuant to this subdivision.
17075.15. (a) From funds available from any bond act for the
purpose of funding facilities for school districts with a financial
hardship, the board may provide other construction, modernization, or
relocation assistance as set forth in this chapter or Chapter 14
(commencing with Section 17085) to the extent that severe
circumstances may require, and may adjust or defer the local
financial participation, as pupil health and safety considerations
require to the extent that bond act funds are provided for this
purpose.
(b) The board shall adopt regulations for determining the amount
of funding that may be provided to a district, and the eligibility
and prioritization of funding, under this article.
(c) The regulations shall define the amount, and sources, of
financing that the school district could reasonably provide for
school facilities as follows:
(1) Unencumbered funds available in all facility accounts in the
school district including, but not limited to, fees on development,
redevelopment funds, sale proceeds from surplus property, funds
generated by certificates of participation for facility purposes,
bond funds, federal grants, and other funds available for school
facilities, as the board may determine.
(2) The board may exclude from consideration all funds encumbered
for a specific capital outlay purpose, a reasonable amount for
interim housing, and other funds that the board may find are not
reasonably available for the project.
(d) Further, the regulations shall also specify a method for
determining required levels of local effort to obtain matching funds.
The regulations shall include consideration of at least all of the
following factors:
(1) Whether the school district has passed a bond measure within
the two-year period immediately preceding the application for funding
under this article, the proceeds of which are substantially
available for use in the project to be funded under this chapter, but
remains unable to provide the necessary matching share requirement.
(2) Whether the principal amount of the current outstanding bonded
indebtedness issued for the purpose of constructing school
facilities for the school district and secured by property within the
school district or by revenues of, or available to, the school
district, which shall include general obligation bonds, Mello-Roos
bonds, school facility improvement district bonds, certificates of
participation, and other debt instruments issued for the purpose of
constructing school facilities for the school district and for which
owners of property within the school district or the school district
are paying debt service is at least 60 percent of the school district'
s total bonding capacity, as determined by the board.
(3) Whether the total bonding capacity, as defined in Section
15102 or 15106, as applicable, is five million dollars ($5,000,000)
or less, in which case, the school district shall be deemed eligible
for financial hardship.
(4) Whether the application for funding under this article is from
a county superintendent of schools.
(5) Whether the school district submits other evidence of
substantial local effort acceptable to the board.
(6) The value of any unused local general obligation debt
capacity, and developer fees added to the needs analysis to reflect
the district's financial hardship, available for the purposes of
school facilities financing.
17075.10. (a) A school district may apply for hardship assistance
in cases of extraordinary circumstances. Extraordinary circumstances
may include, but are not limited to, the need to repair, reconstruct,
or replace the most vulnerable school facilities that are identified
as a Category 2 building, as defined in the report submitted
pursuant to Section 17317, determined by the department to pose an
unacceptable risk of injury to its occupants in the event of a
seismic event.
(b) A school district applying for hardship state funding under
this article shall comply with either paragraph (1) or (2).
(1) Demonstrate both of the following:
(A) That due to extreme financial, disaster-related, or other
hardship the school district has unmet need for pupil housing.
(B) That the school district is not financially capable of
providing the matching funds otherwise required for state
participation, that the district has made all reasonable efforts to
impose all levels of local debt capacity and development fees, and
that the school district is, therefore, unable to participate in the
program pursuant to this chapter except as set forth in this article.
(2) Demonstrate that due to unusual circumstances that are beyond
the control of the district, excessive costs need to be incurred in
the construction of school facilities. Funds for the purpose of
seismic mitigation work or facility replacement pursuant to this
section shall be allocated by the board on a 50-percent state share
basis from funds reserved for that purpose in any bond approved by
the voters after January 1, 2006. If the board determines that the
seismic mitigation work of a school building would require funding
that is greater than 50 percent of the funds required to construct a
new facility, the school district shall be eligible for funding to
construct a new facility under this chapter.
(c) The board shall review the increased costs that may be
uniquely associated with urban construction and shall adjust the
per-pupil grant for new construction or modernization hardship
applications as necessary to accommodate those costs. The board shall
adopt regulations setting forth the standards, methodology, and a
schedule of allowable adjustments, for the urban adjustment factor
established pursuant to this subdivision.
17075.15. (a) From funds available from any bond act for the
purpose of funding facilities for school districts with a financial
hardship, the board may provide other construction, modernization, or
relocation assistance as set forth in this chapter or Chapter 14
(commencing with Section 17085) to the extent that severe
circumstances may require, and may adjust or defer the local
financial participation, as pupil health and safety considerations
require to the extent that bond act funds are provided for this
purpose.
(b) The board shall adopt regulations for determining the amount
of funding that may be provided to a district, and the eligibility
and prioritization of funding, under this article.
(c) The regulations shall define the amount, and sources, of
financing that the school district could reasonably provide for
school facilities as follows:
(1) Unencumbered funds available in all facility accounts in the
school district including, but not limited to, fees on development,
redevelopment funds, sale proceeds from surplus property, funds
generated by certificates of participation for facility purposes,
bond funds, federal grants, and other funds available for school
facilities, as the board may determine.
(2) The board may exclude from consideration all funds encumbered
for a specific capital outlay purpose, a reasonable amount for
interim housing, and other funds that the board may find are not
reasonably available for the project.
(d) Further, the regulations shall also specify a method for
determining required levels of local effort to obtain matching funds.
The regulations shall include consideration of at least all of the
following factors:
(1) Whether the school district has passed a bond measure within
the two-year period immediately preceding the application for funding
under this article, the proceeds of which are substantially
available for use in the project to be funded under this chapter, but
remains unable to provide the necessary matching share requirement.
(2) Whether the principal amount of the current outstanding bonded
indebtedness issued for the purpose of constructing school
facilities for the school district and secured by property within the
school district or by revenues of, or available to, the school
district, which shall include general obligation bonds, Mello-Roos
bonds, school facility improvement district bonds, certificates of
participation, and other debt instruments issued for the purpose of
constructing school facilities for the school district and for which
owners of property within the school district or the school district
are paying debt service is at least 60 percent of the school district'
s total bonding capacity, as determined by the board.
(3) Whether the total bonding capacity, as defined in Section
15102 or 15106, as applicable, is five million dollars ($5,000,000)
or less, in which case, the school district shall be deemed eligible
for financial hardship.
(4) Whether the application for funding under this article is from
a county superintendent of schools.
(5) Whether the school district submits other evidence of
substantial local effort acceptable to the board.
(6) The value of any unused local general obligation debt
capacity, and developer fees added to the needs analysis to reflect
the district's financial hardship, available for the purposes of
school facilities financing.
