16310. Not to exceed forty million dollars ($40,000,000) of the
proceeds of the sale of bonds authorized by the State School Building
Aid Bond Law of 1966 may be expended pursuant to this article.
16311. Not to exceed two hundred fifty million dollars
($250,000,000) of the proceeds of the sale of bonds authorized by the
School Building Aid and Earthquake Reconstruction and Replacement
Bond Law of 1972 may be expended pursuant to this article.
16312. The Legislature hereby declares that it is in the interest
of the state and the people thereof to provide assistance to school
districts in rehabilitating or replacing structurally unsafe school
facilities inasmuch as the education of children is an obligation of
the state, and the obligation carries with it a corresponding
responsibility for the physical safety of children while attending
school.
16313. It is the intent of the Legislature in enacting this article
to provide a means through repayable state loans for school
districts not otherwise eligible for assistance under this chapter
(consisting principally of school districts in the urban centers of
the state), to house their pupils in facilities that are structurally
safe.
16314. The following terms, as used in this article, shall have the
following meanings, unless the State Allocation Board finds a
different meaning is essential for properly carrying out the purposes
of this article, or finds that a different meaning clearly appears
from the context:
(a) "Board" means the State Allocation Board as defined in Article
1 (commencing with Section 16000) of this chapter.
(b) "Director" means the Director of Education.
(c) "District" means an elementary, high school, or unified school
district.
(d) "Project" means the purposes for which a district has applied
for assistance in the rehabilitation or replacement of unsafe school
facilities at a given attendance center.
(e) "Apportionment" means an apportionment made under this
article, and unless the context otherwise requires, it shall be
deemed to include funds of a district required by the board to be
contributed toward the cost of a project.
(f) "Attendance center" means a school maintained or to be
maintained at a given location within a district.
16315. The State Allocation Board shall administer this article.
The Director of General Services shall provide the assistance to the
board as it may require.
16316. In addition to any other powers and duties granted to the
board by Article 1 (commencing with Section 16000) of this chapter,
the board shall:
(a) Establish the qualifications that it deems will best serve the
purposes of this article for determining the eligibility of
districts to apportionments under this article.
(b) Establish the procedures and policies in connection with the
administration of and expenditure of funds made available for the
purpose of this article that it deems necessary.
(c) Adopt the rules and regulations for the administration of this
article, requiring the procedure, forms, and information as it may
deem necessary.
16317. The board, by the adoption of rules, shall give priority in
allocating funds to districts which will benefit most from the
reconstruction or replacement of schoolhouse facilities. This
priority may be based on the age and structural safety of existing
buildings at the school or schools where the construction or
reconstruction will occur, acuteness of overcrowding and density of
population in the attendance areas affected, or any other factors
that will insure that the greatest need will be served in allocating
funds under this article.
16318. The board shall prescribe instructions specifying the manner
in which property, real or personal, being replaced through the
apportionment, shall be disposed of, and compliance with the
instructions shall be a condition upon the making of the
apportionment. The net proceeds derived from the disposition shall be
contributed in reduction of any apportionment proportionate to the
state's participating in the project. Any school district affected
shall comply with instructions prescribed by the board. The board may
require a district to transfer to the state by any instruments
deemed appropriate by the board, title to the property, whereupon,
the board shall dispose of the property in any manner it deems
appropriate to insure the highest return to the state, and apply the
applicable proceeds therefrom in reduction of apportionments to the
district. The district affected shall do all things deemed necessary
by the board to implement the disposition.
16319. Apportionments under this article from the State School
Building Aid Fund shall be made for the sole purpose of
reconstructing or replacing existing substandard buildings that
present a potential threat to the safety of schoolchildren and which
do not comply with the requirements of Article 3 (commencing with
Section 17280) of Chapter 2 of Part 10.5 or for the purpose of
restoring facilities damaged by an earthquake after February 1, 1971,
and for which there are no other state or federal funds available
for the restoration. The apportionments shall be made in the manner
and subject to the conditions herein provided and in accordance with
policies adopted by the board for the following purposes, all of
which purposes are declared to be, and are, public works:
(a) The reconstruction, renovation, or remodeling of existing
school buildings and facilities.
(b) The construction of permanent or temporary school buildings
and facilities for replacement purposes.
(c) The acquisition, by purchase or lease, and the installation of
classrooms for replacement purposes.
(d) The acquisition and development of schoolsites necessary for
construction of buildings approved under this article.
(e) The construction, repair, attachment, or development of
offsite facilities, utilities or improvements which the board
determines are necessary to the proper operation or functioning of
the school facilities for which apportionments are made.
(f) The acquisition of additional furniture and equipment as is
deemed necessary by the board to make the rehabilitated or replaced
facilities properly function.
(g) Any combination of the above.
Except as is provided in Section 16320, apportionments shall not
be made under this article for the purpose of reconstructing or
replacing existing substandard buildings which have already been
reconstructed or replaced using funds made available under Chapter
1575 of the Statutes of 1947, as amended, or Chapter 7 (commencing
with Section 16500), Chapter 4 (commencing with Section 15700), and
Chapter 8 (commencing with Section 16000) of this part.
As a part of the purposes, where a district is required by a
contract entered into between itself and a contractor, to obtain at
its own expense insurance covering risks incurred during any
construction, reconstruction, or alteration for which an
apportionment has been made, the cost thereof may be paid either
directly, or by way of reimbursement, to the district out of the
apportionment, or out of any apportionment made specifically covering
the insurance. However, in other respects the apportionments are
eligible for payment under this chapter.
16320. Notwithstanding the provisions of Section 16319,
apportionments under this article from the proceeds of bonds
remaining from the authorization provided in the State School
Building Aid Bond Law of 1966 may be made for the purpose of (1)
reconstructing or replacing existing substandard school buildings or
high school dormitories that present a potential threat to the safety
of schoolchildren and which were not previously constructed or
reconstructed in accordance with the requirements of Article 3
(commencing with Section 17280) of Chapter 2 of Part 10.5 or which if
previously reconstructed to comply with the provisions of Article 3
no longer meet the standards of structural safety prescribed under
the authority of Article 3 in effect on April 10, 1933, or (2)
reconstructing or replacing existing structures utilized by a school
district as school buildings originally designed to house the United
States Cavalry and used as World War II prisoner-of-war camp
structures or an existing structure utilized by a school district as
a school building which was originally designed as a mess facility
for the United States Army Air Corps without regard to conditional or
provisional structural approvals received by the district with
respect to the buildings prior to the enactment of Chapter 500 of the
Statutes of 1972.
Apportionments for the reconstruction or replacement of a
dormitory shall only be made when the use and occupancy of the
dormitory will be by resident pupils of the district who are in
attendance at the high school of the district and when in the
judgment of the board the pupils cannot be reasonably expected to
travel by vehicle to the school on a daily basis.
16321. Notwithstanding the provisions of Section 16319,
apportionments under this article from the proceeds of bonds
remaining from the authorization provided in the State School
Building Aid Bond Law of 1966 may be made for the purpose of
replacing school buildings severely damaged by an earthquake in
Sonoma County subsequent to September 30, 1969, and subsequently
demolished by the school district in the interest of safety to the
children, but not yet replaced by permanent facilities.
16321.7. Notwithstanding the provisions of Section 16319,
apportionments may be made to a school district for the purpose of
replacing an existing substandard building which formerly housed the
district's high school, and which was subsequently replaced by a new
high school building using an apportionment received under this
chapter, but which continued to be used by the district for
elementary school purposes from the time of completion of the new
high school in the 1958-59 school year until November 1971, when the
pupils were transferred from the unsafe school building to temporary
structures.
16322. The State Department of Education shall provide the
following services to school districts making applications for
apportionments under this article:
(a) It shall assist school districts in organizing a comprehensive
planning effort. It shall guide a planning process through its
appropriate steps and, when requested by a school district, it shall
provide the school district with sources of expertise, either public
or private, which may be able to contribute to the development of
plans to find solutions for specific problems a school district may
have.
(b) It shall provide continuing research in relation to all phases
of educational programs and the school facilities that are required
to implement these educational programs.
(c) It shall provide a review and evaluation service to school
districts to assure the effectiveness of the facilities that have
been provided in accommodating educational programs.
(d) It shall provide communication media through publications and
seminars, and prepare planning guides and procedures containing
recommendations, which guides shall be used to disseminate
educational planning information to all school districts.
Unless specifically exempted by the State Allocation Board, each
school district which files an application for an apportionment of
funds under this article after July 1, 1973, shall prepare and submit
to the board either, (1) a long-range comprehensive master plan
justifying the application, prepared in accordance with acceptable
planning procedures, or (2) a certification to the effect that
replacement school buildings for which application has been made will
all be located on existing schoolsites containing a school building
or buildings, or (3) a certification that the applicant school
maintains only one school. Specific information relating to the
following factors must be included in the master plan:
(a) A statement of the educational programs and goals of the
district in relation to its programs, both current and future.
(b) A comprehensive evaluation and report of the utilization of
the school facilities now existing in the district together with
preliminary plans of the facilities to be reconstructed or replaced
under this article, prepared in accordance with the requirements of
Section 17302 or 81138.
(c) A comprehensive demographic study of the district, as it
currently exists and as projected into the future.
(d) A policy statement regarding actual or potential human
problems.
(e) A policy statement as to the priority in which the district
proposes to solve its school housing problems.
(f) A policy statement regarding cooperation with other local
public agencies to achieve total community development.
(g) A policy to insure continuous review so that plans will be
kept up to date and changing conditions will be reviewed and
accommodated by appropriate revision of plans.
The director shall review the long-range master plan and project
development plan and shall report his findings and recommendations
thereon to the board. The board shall in no instance approve an
application or make an apportionment therefor until it has determined
to its satisfaction that the facility for which the apportionment is
sought is justified by an appropriate estimate of average daily
attendance and location within the district.
16323. Each school district which desires an apportionment shall
submit through its governing board to the board an application
therefor in the form and number of copies as the board shall
prescribe. Each copy of the application shall be accompanied by a
statement of the estimated cost of the project certified by an
architect or structural engineer, and by layout plans showing the
entire construction project for which the district desires an
apportionment.
Estimates of costs for new construction or equipment appearing in
an application shall conform to cost standards adopted by the board
under Section 16024.
A school district shall not let any contract for new construction
included in an application for a construction project which has been
approved by the board if the cost exceeds the construction cost
standards fixed by the board under Section 16024 for the new
construction by more than 2 percent or except as otherwise provided
in Section 16332. The amount, if any, by which the contract cost
exceeds the construction cost standards fixed by the board shall be
borne by the school district and shall not be included in the
apportionment.
A school district may at any time amend or supplement its
application.
Each construction project for which a district applies for an
apportionment shall be applied for on a separate application and
shall be considered separately by the board. If a district applies
for more than one construction project, at the same time or at
different times, the priority points of the district shall be
recalculated after the approval of each separate construction project
and before a subsequent construction project is approved.
The board shall require any changes in the plans which an
applicant school district submits with its application that the board
determines is necessary or desirable to reduce the cost of the
project.
16324. A school district may at any time file an application or
amend or supplement an application. Upon receipt of any application,
the Director of General Services shall as promptly as possible
prepare a report and recommendation with respect to the application
after having received recommendations from the director in respect to
any matter which is subject to the jurisdiction or approval of the
director or State Department of Education. The board shall, subject
to the provisions of this article, approve, in whole or in part, or
reject each application referred to it by the Director of General
Services. If the board approves of the application, either in whole
or in part, it shall, by a resolution adopted by it, apportion to the
district from the State School Building Aid Fund the amount applied
for, or any portion thereof that the board may determine appropriate.
However, it may order that the apportionment or any part thereof
shall be paid in progressive installments at any times and under any
conditions that it may then prescribe. This shall be known as a
conditional apportionment and shall become final only if the vote
provided for in Section 16327 is favorable and if the county
superintendent of schools furnishes a certificate satisfactory to the
board certifying that there is on deposit in the state school
building fund of the district the amount of district funds which,
when added to the apportionment computed under Section 16330, will
equal the estimated cost of the project approved under Section 16323.
Unless the board has received the certificates of the county
superintendent of schools required by this section within nine months
from the date of the conditional apportionment, it shall, at the
expiration of the nine-month period, void the conditional
apportionment and shall certify this fact to the Controller. Each
final apportionment made by the board under this article, shall be
certified by it to the Controller who shall from time to time draw
his or her warrant on the Treasurer in favor of the county treasurer
of the county having jurisdiction over the district in accordance
with the terms of the final apportionment. The warrant shall be
exempt from the provisions of Division 4 (commencing with Section
16100) of Title 2 of the Government Code and shall be paid by the
Treasurer from the State School Building Aid Fund.
16325. The board may, upon approval of the application, in whole or
in part, and subsequently from time to time, make a conditional
apportionment or conditional apportionments not exceeding in the
aggregate the total amount approved for the application from the
State School Building Aid Fund for such portion or portions of the
project for which the board determines the district is ready to
proceed. If the board has approved an application and made an
apportionment as to a portion or portions of a project, the board may
approve the remaining portion or portions of the project and make an
additional apportionment or apportionments as it deems appropriate.
If the board determines that the actual cost is in excess of the
estimated cost of the specific school plant facilities or sites for
which an apportionment to a district has been made, or for which a
district's application has been approved in whole or in part pursuant
to this section, the board may make an additional apportionment to
any district in an amount equal to the excess even though the
additional apportionment will result in the total apportionments to
the district exceeding the amount of the application originally
approved by the board.
Approval of an application under this section shall not be
construed as creating or implying any obligation, commitment or
promise on the part of the board or the state to make apportionments
under this chapter.
16326. The amount of new building area for which an apportionment
may be made for the purpose of replacing unsafe school buildings
shall be computed in accordance with regulations adopted by the
board. Such regulation shall be based upon the number of units of
average daily attendance which were housed in the unsafe buildings
being replaced and the building area limitations contained in
Sections 16047, 16052, 16053, 16054 and 16055 together with any
adjustments necessary to alleviate hardships occurring as a result of
only partial replacement of an entire attendance center. In no event
shall an apportionment be made for new building area the chargeable
area of which exceeds the chargeable area of the unsafe buildings
being replaced. The chargeable area of any school building shall be
computed in the uniform manner prescribed by the board.
16327. No payment of funds may be made pursuant to an apportionment
unless the district holds an election at which the electorate of the
district approve the acceptance, expenditure, and repayment of at
least the amount apportioned pursuant to this article. The election
may be held prior to or subsequent to an apportionment. If the
electors voting at the election fail to approve the proposition by
the same majority required at a district bond election, within nine
months from the date of the apportionment, the apportionment and the
board's approval of the application become null and void.
Notwithstanding the foregoing, an election held prior to the
effective date of Article 9 (commencing with Section 16310) of this
chapter, pursuant to Section 16058, is valid for the purposes of the
foregoing paragraph, provided that the district is not otherwise
eligible to receive apportionments under Article 1 (commencing with
Section 16000), Article 2 (commencing with Section 16150), and
Article 3 (commencing with Section 16190) of this chapter.
16328. No apportionment shall be made to a district for the
construction, reconstruction, or alteration of, or addition to,
school buildings if the requirements prescribed by this code for the
construction of school buildings are not met by the plans for the
entire building program of the district in connection with which the
district applied for an apportionment.
16329. Payment shall be made in accordance with the terms of an
apportionment, either directly or by way of reimbursement, to a
school district for expenditures, or commitments therefor, which have
been made by the district subsequent to the effective date of this
article for any items approved by the board in such apportionment.
However, where expenditures were made for, or work was commenced with
respect to, any item so approved, prior to the time the application
of the district containing the item was received by the board,
payment or reimbursement for the item, either with state funds or
with district funds which the district is required to contribute by
the apportionment, shall be made only upon authorization of the board
by special resolution citing this section.
16330. The amount of the apportionment to a school district from
the State School Building Aid Fund shall initially be computed by the
board as follows:
(a) Determining the ratio which the school district's assessed
valuation per pupil for the grade level of the project application
bears to the statewide assessed valuation per pupil in that grade
level, for the preceding fiscal year.
(b) Subtracting the amount computed under (a) from four.
(c) Dividing the amount computed under (b) by four plus the ratio
which the school district's assessed valuation per pupil for the
grade level of the project application bears to the statewide
assessed valuation per pupil for that grade level, for the preceding
fiscal year, which computation shall be denoted the "basic computed
state matching ratio of assistance."
(d) The computation prescribed by subdivisions (a), (b), and (c)
may be diagrammed as follows, with "A.V." representing the words
"assessed valuation," and "a.d.a." representing the words "average
daily attendance."
District A.V. per
a.d.a.
Basic computed 4 - ----------------------
Statewide A.V. per
a.d.a.
+
state matching = ---------------------------
+
District A.V. per
a.d.a.
ratio of assistance 4 + ----------------------
Statewide A.V. per
a.d.a.
(e) The basic computed state matching ratio of assistance for a
grade level of a school district shall not be less than 25 percent
nor more than 80 percent of the cost of any specific project.
(f) When the final eligible costs of a project have been
determined pursuant to the audit prescribed in Sections 16340 and
16099, the amount of the basic computed state matching ratio of
assistance to the district shall be adjusted accordingly.
16330.5. Notwithstanding former Section 39230, as amended by
Section 147 of Chapter 36 of the Statutes of 1977, or anything to the
contrary in this article, whenever the State Allocation Board
determines that state funds are not available to make an
apportionment for an otherwise eligible project in the amount
computed pursuant to Section 16330, an application may be approved
and an apportionment made for one dollar ($1) only. In any instances
the project may be financed by the applicant district using funds
derived from a twenty-cent ($0.20) tax levy provided by Section
39230, as amended by Section 147 of Chapter 36 of the Statutes of
1977, together with any other funds available to the district for
those purposes. The tax levy shall be twenty cents ($0.20) per one
hundred dollars ($100) of assessed value for years prior to the
1980-81 fiscal year and beginning in the 1981-82 fiscal year shall be
0.05 percent of the full value.
16331. A school district may obtain local funds to match the state
assistance with any combination of funds available as follows:
(a) Through the issuance of school district bonds.
(b) Through the levy and collection of school district taxes. The
proceeds of any increase in the maximum tax rate shall be used
exclusively for projects for which an apportionment or apportionments
have been made under this article.
(c) Through the levy and collection of school district taxes as
authorized by Section 39230.
(d) From any other fund available for capital outlay purposes.
16332. Whenever a school district determines that it is in its best
interest to provide facilities on a given schoolsite in addition to
those contained in the approved application, it may do so, with any
excess funds it has available for capital outlay purposes, beyond
those required under this article, by adding the excess funds to the
total cost of the project. There shall be no penalties imposed under
this article as a result of the expenditures.
16333. Whenever a school district has received an apportionment or
apportionments of funds pursuant to Chapter 6 (commencing with
Section 15700) or Chapter 8 (commencing with Section 16000) of this
part, and, through the issuance of bonds, uses the bond proceeds as
its source of funds to match its share of the eligible project cost
of any project for which an apportionment of funds is made under this
article, the amount of the bond funds shall be considered eligible
bonded debt service in the computations made by the Director of
General Services prescribed in Sections 15729 and 15730 and in
Sections 16070 to 16090, inclusive.
16334. The interest on apportionments made under this article shall
be established by the board, with the approval of the Director of
General Services, as follows:
(1) The interest rate applicable to apportionments made pursuant
to Article 1 (commencing with Section 16000) and determined in
accordance with Section 16065 shall be established as of June 30 of
each year.
(2) The applicable interest rate on June 30 shall apply to
apportionments made under this article in the ensuing fiscal year,
July 1 through June 30.
(3) Interest on the apportionment shall be compounded annually
through the 30th day of June of each year.
16335. Each district to which an apportionment or apportionments
has been made under this article shall repay the principal amount of
such apportionment or apportionments and the accrued interest thereon
in 20 equal annual payments. The first payment shall be made in the
second fiscal year following the year in which the apportionment is
made. In any year prior to the 1980-81 fiscal year in which the equal
annual repayment exceeds that amount which seventeen and one-half
cents ($0.175) per one hundred dollars ($100) of assessed valuation
for each grade level (i.e. elementary or high school) operated by the
district would raise during the year of the computation, the
repayment shall be reduced to the amount which the seventeen and
one-half cents ($0.175) for each grade level would so raise. In any
year, beginning in the 1981-82 fiscal year, in which the equal annual
repayment exceeds that amount which 0.04375 percent of the full
value for each grade level operated by the district would raise
during the year of the computation, the repayment shall be reduced to
the amount which the 0.04375 percent of the full value for each
grade level would so raise. The amount of the reduction in computed
repayment shall be canceled on the books of the Controller. If more
than one apportionment is made the annual amount payable shall be the
sum of the amounts which would be payable on each amount if computed
separately.
On or before the first day of January of each fiscal year the
State Controller shall determine the annual repayment, if any, to be
due from each district during the next succeeding fiscal year. The
computation and collection procedures shall be in accordance with
Sections 16080, 16089, and 16090.
16335.1. Any apportionment made to the Marysville Joint Unified
School District under Section 16339.8 shall be repaid through the
continuance of the seventeen and one-half cents ($0.175) per one
hundred dollars ($100) of assessed valuation per grade level tax rate
set forth in Section 16335, after such time as the maximum repayment
under Section 16335 becomes less than seventeen and one-half cents
($0.175) per one hundred dollars ($100) of assessed valuation per
grade level. When the Controller has determined that the entire
apportionment including interest, but less any amount paid by the
district pursuant to Section 16339.8 has been completely repaid, this
section shall cease to be operative.
16336. Notwithstanding any provisions of this article, any school
district which has levied the entire amount permitted under former
Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1977, and has declared the entire proceeds therefrom
available as local matching funds for a particular project, but lacks
sufficient matching funds for the project as required under this
article, may file an application thereunder prior to January 1, 1974.
Under the circumstances the board may increase the basic computed
state matching ratio of assistance in the amount, which, when added
to the sum of the entire proceeds of the levy permitted under former
Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1997, and any other funds which in the opinion of the
board is or can be made currently available for the project,
including funds authorized by the electors from bonds or otherwise,
would be necessary to construct minimum essential facilities for the
project as determined by the board. Not more than forty-five million
dollars ($45,000,000) available for the purposes of this article may
be apportioned for increases in the basic computed state matching
ratio pursuant to this section. The source of the forty-five million
dollars ($45,000,000) apportioned for this purpose shall be thirty
million dollars ($30,000,000) previously appropriated for this
purpose from the School Building Safety Fund by Chapter 500 of the
Statutes of 1972, plus an additional fifteen million dollars
($15,000,000) of bond funds remaining from the State School Building
Aid Bond Law of 1966.
16337. Notwithstanding any provisions of this article, where less
than thirty million dollars ($30,000,000) has been apportioned or
otherwise reserved by the board pursuant to Section 16336 on January
1, 1973, the board shall apportion as grants the remainder thereof
under this section for matching purposes pursuant to this article to
districts which the board determines has the greatest need. The
apportionments under this section may be made only to those districts
(1) which would not have been eligible to apply under Section 16336
if they had levied the entire twenty cent ($0.20) tax rate specified
therein, and (2) which have filed an application by January 1, 1973,
and received an apportionment under this article from the board by
February 28, 1973.
16339. Notwithstanding any provisions of this article or Section
16336 thereof to the contrary, any school district which lacks
sufficient matching funds for a particular project or projects, as
required under this article, may file an application and the board
may approve a project or projects conditioned upon the district
levying, in the 1974-75 fiscal year, the entire twenty cent ($0.20)
tax rate per one hundred dollars ($100) of assessed valuation
permitted under former Section 39230, as amended by Section 147 of
Chapter 36 of the Statutes of 1997, or Section 81180 and applying the
proceeds of such levy as local matching funds for such project or
projects. Beginning in the 1981-82 fiscal year, the tax shall be 0.05
percent of full value.
Under those circumstances, provided the applicant district was not
eligible to receive a grant under Section 16337, the board may
increase the basic computed state matching ratio of assistance in
that amount, which, when added to the sum of the entire proceeds of
the twenty cent ($0.20) tax rate, except beginning in the 1981-82
fiscal year, the tax shall be 0.05 percent of full value, and any
other funds which in the opinion of the board are or can be made
currently available for the project or projects, would be necessary
to construct minimum essential facilities for the project or projects
as determined by the board. Not more than nineteen million dollars
($19,000,000) of the proceeds of the sale of bonds authorized by
Section 16310, may be apportioned pursuant to this section and in
augmentation of the forty-five million dollars ($45,000,000) made
available under Section 16336.
16339.5. Notwithstanding any provisions of this article to the
contrary, any district which does not have sufficient matching funds
for a particular project as required under this article may file an
application under Section 16339, and the board may approve the
project conditioned upon the district levying in the 1975-76 fiscal
year the entire twenty cent ($0.20) tax rate per one hundred dollars
($100) of the assessed valuation permitted under Section 39230.1 in
lieu of the tax authorized by Section 16339 and applying the entire
proceeds of the levy as local matching funds for the project
providing:
(a) The district has levied a tax at the rate of at least ten
cents ($0.10) per one hundred dollars ($100) of assessed valuation of
the tax permitted under Section 39230 for the 1973-74 fiscal year
and of at least nine cents ($0.09) per one hundred dollars ($100) of
assessed valuation of the tax permitted under Section 39230 for the
1974-75 fiscal year.
(b) The district has sold the facilities to be replaced to a
county prior to June 1972, but continued to use the facilities after
the sale until June 1972.
16339.6. Notwithstanding any provisions of this article or Sections
16336 and 16339 thereof to the contrary, any school district, which
has issued at least thirty-seven million dollars ($37,000,000) in
bonds for the purpose of replacing structurally unsafe buildings and
which lacks sufficient matching funds for a particular project or
projects, as required under this article, may apply and the board may
approve, a project or projects conditioned upon the district having
levied or being required to levy, in the fiscal years 1974-75,
1975-76, and 1976-77, the entire twenty cent ($0.20) tax rate per one
hundred dollars ($100) of assessed valuation permitted under Section
39230 and applying the entire proceeds therefrom as local matching
funds to an eligible project or projects.
Under those circumstances, the board may increase the basic
computed state matching ratio of assistance in the amount which, when
added to the sum of (1) the entire proceeds which have been
collected from the aforementioned twenty cent ($0.20) tax levies at
the time of the application and not yet applied as matching funds to
previously approved projects and (2) any other funds which in the
opinion of the board are or can be made currently available for the
project or projects, would be necessary to construct minimum
essential facilities for the project or projects as determined by the
board. Not more than six million dollars ($6,000,000) of the
proceeds of the sale of bonds authorized by Section 16310, may be
apportioned pursuant to this section.
16339.8. Notwithstanding any provisions of this article to the
contrary, the State Allocation Board may appropriate to the
Marysville Joint Unified School District a sum not to exceed seven
hundred thousand dollars ($700,000) for costs incurred in repairing
damage at Lindhurst High School, which was constructed pursuant to
this article as a replacement of facilities not complying with
earthquake safety requirements. The need for the repair of Lindhurst
High School may have been caused by improper construction or design.
Therefore, the proceeds received from any insurance or arbitration
award, or any other action, shall be paid by the district to the
board as a direct reduction in the apportionment made under this
section.
16340. Sections 16006, 16017, 16021, 16066, 16088, 16091, and 16093
to 16100, inclusive, shall be applicable to the administration of
this article unless the context of this article as determined by the
board, requires otherwise.
16341. Whenever a school district receives or has received an
apportionment under this article for the purchase of a site which
contains existing improvements, the board may require the district to
dispose of any existing improvements that a condition of receiving
an apportionment in any manner that the board deems proper. Whenever
a district sells, leases or disposes of any site acquired under an
apportionment or any improvements appurtenant to any site so acquired
it shall contribute a portion of the net proceeds therefrom or the
value of any consideration received therefor, in reduction of any
apportionment, such portion being proportionate to the state's
participation in the project.
16342. To determine the effect of school housing aid for
reorganized districts, the applicable portions of Article 2
(commencing with Section 16150) of this chapter shall apply.
16343. Whenever a conditional apportionment has, prior to January
1, 1980, been made to an applicant school district pursuant to this
chapter and thereafter the county superintendent of schools of the
county having jurisdiction over such district has certified to the
board and the Controller that at an election called, held and
conducted in the district for that purpose, the qualified electors of
the district voting thereat authorized the governing board of the
applicant school district, by the same majority vote required at a
district bond election, to accept, expend and repay an apportionment
under the provisions of this chapter, and whenever thereafter said
county superintendent of schools has certified to the board and the
Controller that the required contribution of the district has been
placed on deposit in the state school building fund of the district
and the board has certified to the Controller that the apportionment
to the applicant school district has become final, such final
apportionment is hereby confirmed, ratified, and validated, and any
expenditure of money from the State School Building Aid Fund or the
School Building Safety Fund according to the terms of such final
apportionment is hereby confirmed, ratified, and validated.
Notwithstanding any provision to the contrary, no funds authorized
by any bond act for the purpose of this chapter shall be made
available for expenditure without specific authority of the board or
its delegated representative.
16344. Notwithstanding the provisions of Section 16319, if a school
district otherwise eligible to receive an apportionment under this
article operates sufficient continuous school programs (as defined in
Chapter 5 (commencing with Section 37600) of Part 22) to provide
housing for students displaced from structurally inadequate
facilities, the costs of modifying any existing facilities necessary
for the implementation of any continuous school programs shall be
eligible, upon the review and recommendation of the State Department
of Education, for an apportionment under this article from the
proceeds of bonds remaining from the authorization provided in the
State School Building Aid Law of 1966.
16310. Not to exceed forty million dollars ($40,000,000) of the
proceeds of the sale of bonds authorized by the State School Building
Aid Bond Law of 1966 may be expended pursuant to this article.
16311. Not to exceed two hundred fifty million dollars
($250,000,000) of the proceeds of the sale of bonds authorized by the
School Building Aid and Earthquake Reconstruction and Replacement
Bond Law of 1972 may be expended pursuant to this article.
16312. The Legislature hereby declares that it is in the interest
of the state and the people thereof to provide assistance to school
districts in rehabilitating or replacing structurally unsafe school
facilities inasmuch as the education of children is an obligation of
the state, and the obligation carries with it a corresponding
responsibility for the physical safety of children while attending
school.
16313. It is the intent of the Legislature in enacting this article
to provide a means through repayable state loans for school
districts not otherwise eligible for assistance under this chapter
(consisting principally of school districts in the urban centers of
the state), to house their pupils in facilities that are structurally
safe.
16314. The following terms, as used in this article, shall have the
following meanings, unless the State Allocation Board finds a
different meaning is essential for properly carrying out the purposes
of this article, or finds that a different meaning clearly appears
from the context:
(a) "Board" means the State Allocation Board as defined in Article
1 (commencing with Section 16000) of this chapter.
(b) "Director" means the Director of Education.
(c) "District" means an elementary, high school, or unified school
district.
(d) "Project" means the purposes for which a district has applied
for assistance in the rehabilitation or replacement of unsafe school
facilities at a given attendance center.
(e) "Apportionment" means an apportionment made under this
article, and unless the context otherwise requires, it shall be
deemed to include funds of a district required by the board to be
contributed toward the cost of a project.
(f) "Attendance center" means a school maintained or to be
maintained at a given location within a district.
16315. The State Allocation Board shall administer this article.
The Director of General Services shall provide the assistance to the
board as it may require.
16316. In addition to any other powers and duties granted to the
board by Article 1 (commencing with Section 16000) of this chapter,
the board shall:
(a) Establish the qualifications that it deems will best serve the
purposes of this article for determining the eligibility of
districts to apportionments under this article.
(b) Establish the procedures and policies in connection with the
administration of and expenditure of funds made available for the
purpose of this article that it deems necessary.
(c) Adopt the rules and regulations for the administration of this
article, requiring the procedure, forms, and information as it may
deem necessary.
16317. The board, by the adoption of rules, shall give priority in
allocating funds to districts which will benefit most from the
reconstruction or replacement of schoolhouse facilities. This
priority may be based on the age and structural safety of existing
buildings at the school or schools where the construction or
reconstruction will occur, acuteness of overcrowding and density of
population in the attendance areas affected, or any other factors
that will insure that the greatest need will be served in allocating
funds under this article.
16318. The board shall prescribe instructions specifying the manner
in which property, real or personal, being replaced through the
apportionment, shall be disposed of, and compliance with the
instructions shall be a condition upon the making of the
apportionment. The net proceeds derived from the disposition shall be
contributed in reduction of any apportionment proportionate to the
state's participating in the project. Any school district affected
shall comply with instructions prescribed by the board. The board may
require a district to transfer to the state by any instruments
deemed appropriate by the board, title to the property, whereupon,
the board shall dispose of the property in any manner it deems
appropriate to insure the highest return to the state, and apply the
applicable proceeds therefrom in reduction of apportionments to the
district. The district affected shall do all things deemed necessary
by the board to implement the disposition.
16319. Apportionments under this article from the State School
Building Aid Fund shall be made for the sole purpose of
reconstructing or replacing existing substandard buildings that
present a potential threat to the safety of schoolchildren and which
do not comply with the requirements of Article 3 (commencing with
Section 17280) of Chapter 2 of Part 10.5 or for the purpose of
restoring facilities damaged by an earthquake after February 1, 1971,
and for which there are no other state or federal funds available
for the restoration. The apportionments shall be made in the manner
and subject to the conditions herein provided and in accordance with
policies adopted by the board for the following purposes, all of
which purposes are declared to be, and are, public works:
(a) The reconstruction, renovation, or remodeling of existing
school buildings and facilities.
(b) The construction of permanent or temporary school buildings
and facilities for replacement purposes.
(c) The acquisition, by purchase or lease, and the installation of
classrooms for replacement purposes.
(d) The acquisition and development of schoolsites necessary for
construction of buildings approved under this article.
(e) The construction, repair, attachment, or development of
offsite facilities, utilities or improvements which the board
determines are necessary to the proper operation or functioning of
the school facilities for which apportionments are made.
(f) The acquisition of additional furniture and equipment as is
deemed necessary by the board to make the rehabilitated or replaced
facilities properly function.
(g) Any combination of the above.
Except as is provided in Section 16320, apportionments shall not
be made under this article for the purpose of reconstructing or
replacing existing substandard buildings which have already been
reconstructed or replaced using funds made available under Chapter
1575 of the Statutes of 1947, as amended, or Chapter 7 (commencing
with Section 16500), Chapter 4 (commencing with Section 15700), and
Chapter 8 (commencing with Section 16000) of this part.
As a part of the purposes, where a district is required by a
contract entered into between itself and a contractor, to obtain at
its own expense insurance covering risks incurred during any
construction, reconstruction, or alteration for which an
apportionment has been made, the cost thereof may be paid either
directly, or by way of reimbursement, to the district out of the
apportionment, or out of any apportionment made specifically covering
the insurance. However, in other respects the apportionments are
eligible for payment under this chapter.
16320. Notwithstanding the provisions of Section 16319,
apportionments under this article from the proceeds of bonds
remaining from the authorization provided in the State School
Building Aid Bond Law of 1966 may be made for the purpose of (1)
reconstructing or replacing existing substandard school buildings or
high school dormitories that present a potential threat to the safety
of schoolchildren and which were not previously constructed or
reconstructed in accordance with the requirements of Article 3
(commencing with Section 17280) of Chapter 2 of Part 10.5 or which if
previously reconstructed to comply with the provisions of Article 3
no longer meet the standards of structural safety prescribed under
the authority of Article 3 in effect on April 10, 1933, or (2)
reconstructing or replacing existing structures utilized by a school
district as school buildings originally designed to house the United
States Cavalry and used as World War II prisoner-of-war camp
structures or an existing structure utilized by a school district as
a school building which was originally designed as a mess facility
for the United States Army Air Corps without regard to conditional or
provisional structural approvals received by the district with
respect to the buildings prior to the enactment of Chapter 500 of the
Statutes of 1972.
Apportionments for the reconstruction or replacement of a
dormitory shall only be made when the use and occupancy of the
dormitory will be by resident pupils of the district who are in
attendance at the high school of the district and when in the
judgment of the board the pupils cannot be reasonably expected to
travel by vehicle to the school on a daily basis.
16321. Notwithstanding the provisions of Section 16319,
apportionments under this article from the proceeds of bonds
remaining from the authorization provided in the State School
Building Aid Bond Law of 1966 may be made for the purpose of
replacing school buildings severely damaged by an earthquake in
Sonoma County subsequent to September 30, 1969, and subsequently
demolished by the school district in the interest of safety to the
children, but not yet replaced by permanent facilities.
16321.7. Notwithstanding the provisions of Section 16319,
apportionments may be made to a school district for the purpose of
replacing an existing substandard building which formerly housed the
district's high school, and which was subsequently replaced by a new
high school building using an apportionment received under this
chapter, but which continued to be used by the district for
elementary school purposes from the time of completion of the new
high school in the 1958-59 school year until November 1971, when the
pupils were transferred from the unsafe school building to temporary
structures.
16322. The State Department of Education shall provide the
following services to school districts making applications for
apportionments under this article:
(a) It shall assist school districts in organizing a comprehensive
planning effort. It shall guide a planning process through its
appropriate steps and, when requested by a school district, it shall
provide the school district with sources of expertise, either public
or private, which may be able to contribute to the development of
plans to find solutions for specific problems a school district may
have.
(b) It shall provide continuing research in relation to all phases
of educational programs and the school facilities that are required
to implement these educational programs.
(c) It shall provide a review and evaluation service to school
districts to assure the effectiveness of the facilities that have
been provided in accommodating educational programs.
(d) It shall provide communication media through publications and
seminars, and prepare planning guides and procedures containing
recommendations, which guides shall be used to disseminate
educational planning information to all school districts.
Unless specifically exempted by the State Allocation Board, each
school district which files an application for an apportionment of
funds under this article after July 1, 1973, shall prepare and submit
to the board either, (1) a long-range comprehensive master plan
justifying the application, prepared in accordance with acceptable
planning procedures, or (2) a certification to the effect that
replacement school buildings for which application has been made will
all be located on existing schoolsites containing a school building
or buildings, or (3) a certification that the applicant school
maintains only one school. Specific information relating to the
following factors must be included in the master plan:
(a) A statement of the educational programs and goals of the
district in relation to its programs, both current and future.
(b) A comprehensive evaluation and report of the utilization of
the school facilities now existing in the district together with
preliminary plans of the facilities to be reconstructed or replaced
under this article, prepared in accordance with the requirements of
Section 17302 or 81138.
(c) A comprehensive demographic study of the district, as it
currently exists and as projected into the future.
(d) A policy statement regarding actual or potential human
problems.
(e) A policy statement as to the priority in which the district
proposes to solve its school housing problems.
(f) A policy statement regarding cooperation with other local
public agencies to achieve total community development.
(g) A policy to insure continuous review so that plans will be
kept up to date and changing conditions will be reviewed and
accommodated by appropriate revision of plans.
The director shall review the long-range master plan and project
development plan and shall report his findings and recommendations
thereon to the board. The board shall in no instance approve an
application or make an apportionment therefor until it has determined
to its satisfaction that the facility for which the apportionment is
sought is justified by an appropriate estimate of average daily
attendance and location within the district.
16323. Each school district which desires an apportionment shall
submit through its governing board to the board an application
therefor in the form and number of copies as the board shall
prescribe. Each copy of the application shall be accompanied by a
statement of the estimated cost of the project certified by an
architect or structural engineer, and by layout plans showing the
entire construction project for which the district desires an
apportionment.
Estimates of costs for new construction or equipment appearing in
an application shall conform to cost standards adopted by the board
under Section 16024.
A school district shall not let any contract for new construction
included in an application for a construction project which has been
approved by the board if the cost exceeds the construction cost
standards fixed by the board under Section 16024 for the new
construction by more than 2 percent or except as otherwise provided
in Section 16332. The amount, if any, by which the contract cost
exceeds the construction cost standards fixed by the board shall be
borne by the school district and shall not be included in the
apportionment.
A school district may at any time amend or supplement its
application.
Each construction project for which a district applies for an
apportionment shall be applied for on a separate application and
shall be considered separately by the board. If a district applies
for more than one construction project, at the same time or at
different times, the priority points of the district shall be
recalculated after the approval of each separate construction project
and before a subsequent construction project is approved.
The board shall require any changes in the plans which an
applicant school district submits with its application that the board
determines is necessary or desirable to reduce the cost of the
project.
16324. A school district may at any time file an application or
amend or supplement an application. Upon receipt of any application,
the Director of General Services shall as promptly as possible
prepare a report and recommendation with respect to the application
after having received recommendations from the director in respect to
any matter which is subject to the jurisdiction or approval of the
director or State Department of Education. The board shall, subject
to the provisions of this article, approve, in whole or in part, or
reject each application referred to it by the Director of General
Services. If the board approves of the application, either in whole
or in part, it shall, by a resolution adopted by it, apportion to the
district from the State School Building Aid Fund the amount applied
for, or any portion thereof that the board may determine appropriate.
However, it may order that the apportionment or any part thereof
shall be paid in progressive installments at any times and under any
conditions that it may then prescribe. This shall be known as a
conditional apportionment and shall become final only if the vote
provided for in Section 16327 is favorable and if the county
superintendent of schools furnishes a certificate satisfactory to the
board certifying that there is on deposit in the state school
building fund of the district the amount of district funds which,
when added to the apportionment computed under Section 16330, will
equal the estimated cost of the project approved under Section 16323.
Unless the board has received the certificates of the county
superintendent of schools required by this section within nine months
from the date of the conditional apportionment, it shall, at the
expiration of the nine-month period, void the conditional
apportionment and shall certify this fact to the Controller. Each
final apportionment made by the board under this article, shall be
certified by it to the Controller who shall from time to time draw
his or her warrant on the Treasurer in favor of the county treasurer
of the county having jurisdiction over the district in accordance
with the terms of the final apportionment. The warrant shall be
exempt from the provisions of Division 4 (commencing with Section
16100) of Title 2 of the Government Code and shall be paid by the
Treasurer from the State School Building Aid Fund.
16325. The board may, upon approval of the application, in whole or
in part, and subsequently from time to time, make a conditional
apportionment or conditional apportionments not exceeding in the
aggregate the total amount approved for the application from the
State School Building Aid Fund for such portion or portions of the
project for which the board determines the district is ready to
proceed. If the board has approved an application and made an
apportionment as to a portion or portions of a project, the board may
approve the remaining portion or portions of the project and make an
additional apportionment or apportionments as it deems appropriate.
If the board determines that the actual cost is in excess of the
estimated cost of the specific school plant facilities or sites for
which an apportionment to a district has been made, or for which a
district's application has been approved in whole or in part pursuant
to this section, the board may make an additional apportionment to
any district in an amount equal to the excess even though the
additional apportionment will result in the total apportionments to
the district exceeding the amount of the application originally
approved by the board.
Approval of an application under this section shall not be
construed as creating or implying any obligation, commitment or
promise on the part of the board or the state to make apportionments
under this chapter.
16326. The amount of new building area for which an apportionment
may be made for the purpose of replacing unsafe school buildings
shall be computed in accordance with regulations adopted by the
board. Such regulation shall be based upon the number of units of
average daily attendance which were housed in the unsafe buildings
being replaced and the building area limitations contained in
Sections 16047, 16052, 16053, 16054 and 16055 together with any
adjustments necessary to alleviate hardships occurring as a result of
only partial replacement of an entire attendance center. In no event
shall an apportionment be made for new building area the chargeable
area of which exceeds the chargeable area of the unsafe buildings
being replaced. The chargeable area of any school building shall be
computed in the uniform manner prescribed by the board.
16327. No payment of funds may be made pursuant to an apportionment
unless the district holds an election at which the electorate of the
district approve the acceptance, expenditure, and repayment of at
least the amount apportioned pursuant to this article. The election
may be held prior to or subsequent to an apportionment. If the
electors voting at the election fail to approve the proposition by
the same majority required at a district bond election, within nine
months from the date of the apportionment, the apportionment and the
board's approval of the application become null and void.
Notwithstanding the foregoing, an election held prior to the
effective date of Article 9 (commencing with Section 16310) of this
chapter, pursuant to Section 16058, is valid for the purposes of the
foregoing paragraph, provided that the district is not otherwise
eligible to receive apportionments under Article 1 (commencing with
Section 16000), Article 2 (commencing with Section 16150), and
Article 3 (commencing with Section 16190) of this chapter.
16328. No apportionment shall be made to a district for the
construction, reconstruction, or alteration of, or addition to,
school buildings if the requirements prescribed by this code for the
construction of school buildings are not met by the plans for the
entire building program of the district in connection with which the
district applied for an apportionment.
16329. Payment shall be made in accordance with the terms of an
apportionment, either directly or by way of reimbursement, to a
school district for expenditures, or commitments therefor, which have
been made by the district subsequent to the effective date of this
article for any items approved by the board in such apportionment.
However, where expenditures were made for, or work was commenced with
respect to, any item so approved, prior to the time the application
of the district containing the item was received by the board,
payment or reimbursement for the item, either with state funds or
with district funds which the district is required to contribute by
the apportionment, shall be made only upon authorization of the board
by special resolution citing this section.
16330. The amount of the apportionment to a school district from
the State School Building Aid Fund shall initially be computed by the
board as follows:
(a) Determining the ratio which the school district's assessed
valuation per pupil for the grade level of the project application
bears to the statewide assessed valuation per pupil in that grade
level, for the preceding fiscal year.
(b) Subtracting the amount computed under (a) from four.
(c) Dividing the amount computed under (b) by four plus the ratio
which the school district's assessed valuation per pupil for the
grade level of the project application bears to the statewide
assessed valuation per pupil for that grade level, for the preceding
fiscal year, which computation shall be denoted the "basic computed
state matching ratio of assistance."
(d) The computation prescribed by subdivisions (a), (b), and (c)
may be diagrammed as follows, with "A.V." representing the words
"assessed valuation," and "a.d.a." representing the words "average
daily attendance."
District A.V. per
a.d.a.
Basic computed 4 - ----------------------
Statewide A.V. per
a.d.a.
+
state matching = ---------------------------
+
District A.V. per
a.d.a.
ratio of assistance 4 + ----------------------
Statewide A.V. per
a.d.a.
(e) The basic computed state matching ratio of assistance for a
grade level of a school district shall not be less than 25 percent
nor more than 80 percent of the cost of any specific project.
(f) When the final eligible costs of a project have been
determined pursuant to the audit prescribed in Sections 16340 and
16099, the amount of the basic computed state matching ratio of
assistance to the district shall be adjusted accordingly.
16330.5. Notwithstanding former Section 39230, as amended by
Section 147 of Chapter 36 of the Statutes of 1977, or anything to the
contrary in this article, whenever the State Allocation Board
determines that state funds are not available to make an
apportionment for an otherwise eligible project in the amount
computed pursuant to Section 16330, an application may be approved
and an apportionment made for one dollar ($1) only. In any instances
the project may be financed by the applicant district using funds
derived from a twenty-cent ($0.20) tax levy provided by Section
39230, as amended by Section 147 of Chapter 36 of the Statutes of
1977, together with any other funds available to the district for
those purposes. The tax levy shall be twenty cents ($0.20) per one
hundred dollars ($100) of assessed value for years prior to the
1980-81 fiscal year and beginning in the 1981-82 fiscal year shall be
0.05 percent of the full value.
16331. A school district may obtain local funds to match the state
assistance with any combination of funds available as follows:
(a) Through the issuance of school district bonds.
(b) Through the levy and collection of school district taxes. The
proceeds of any increase in the maximum tax rate shall be used
exclusively for projects for which an apportionment or apportionments
have been made under this article.
(c) Through the levy and collection of school district taxes as
authorized by Section 39230.
(d) From any other fund available for capital outlay purposes.
16332. Whenever a school district determines that it is in its best
interest to provide facilities on a given schoolsite in addition to
those contained in the approved application, it may do so, with any
excess funds it has available for capital outlay purposes, beyond
those required under this article, by adding the excess funds to the
total cost of the project. There shall be no penalties imposed under
this article as a result of the expenditures.
16333. Whenever a school district has received an apportionment or
apportionments of funds pursuant to Chapter 6 (commencing with
Section 15700) or Chapter 8 (commencing with Section 16000) of this
part, and, through the issuance of bonds, uses the bond proceeds as
its source of funds to match its share of the eligible project cost
of any project for which an apportionment of funds is made under this
article, the amount of the bond funds shall be considered eligible
bonded debt service in the computations made by the Director of
General Services prescribed in Sections 15729 and 15730 and in
Sections 16070 to 16090, inclusive.
16334. The interest on apportionments made under this article shall
be established by the board, with the approval of the Director of
General Services, as follows:
(1) The interest rate applicable to apportionments made pursuant
to Article 1 (commencing with Section 16000) and determined in
accordance with Section 16065 shall be established as of June 30 of
each year.
(2) The applicable interest rate on June 30 shall apply to
apportionments made under this article in the ensuing fiscal year,
July 1 through June 30.
(3) Interest on the apportionment shall be compounded annually
through the 30th day of June of each year.
16335. Each district to which an apportionment or apportionments
has been made under this article shall repay the principal amount of
such apportionment or apportionments and the accrued interest thereon
in 20 equal annual payments. The first payment shall be made in the
second fiscal year following the year in which the apportionment is
made. In any year prior to the 1980-81 fiscal year in which the equal
annual repayment exceeds that amount which seventeen and one-half
cents ($0.175) per one hundred dollars ($100) of assessed valuation
for each grade level (i.e. elementary or high school) operated by the
district would raise during the year of the computation, the
repayment shall be reduced to the amount which the seventeen and
one-half cents ($0.175) for each grade level would so raise. In any
year, beginning in the 1981-82 fiscal year, in which the equal annual
repayment exceeds that amount which 0.04375 percent of the full
value for each grade level operated by the district would raise
during the year of the computation, the repayment shall be reduced to
the amount which the 0.04375 percent of the full value for each
grade level would so raise. The amount of the reduction in computed
repayment shall be canceled on the books of the Controller. If more
than one apportionment is made the annual amount payable shall be the
sum of the amounts which would be payable on each amount if computed
separately.
On or before the first day of January of each fiscal year the
State Controller shall determine the annual repayment, if any, to be
due from each district during the next succeeding fiscal year. The
computation and collection procedures shall be in accordance with
Sections 16080, 16089, and 16090.
16335.1. Any apportionment made to the Marysville Joint Unified
School District under Section 16339.8 shall be repaid through the
continuance of the seventeen and one-half cents ($0.175) per one
hundred dollars ($100) of assessed valuation per grade level tax rate
set forth in Section 16335, after such time as the maximum repayment
under Section 16335 becomes less than seventeen and one-half cents
($0.175) per one hundred dollars ($100) of assessed valuation per
grade level. When the Controller has determined that the entire
apportionment including interest, but less any amount paid by the
district pursuant to Section 16339.8 has been completely repaid, this
section shall cease to be operative.
16336. Notwithstanding any provisions of this article, any school
district which has levied the entire amount permitted under former
Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1977, and has declared the entire proceeds therefrom
available as local matching funds for a particular project, but lacks
sufficient matching funds for the project as required under this
article, may file an application thereunder prior to January 1, 1974.
Under the circumstances the board may increase the basic computed
state matching ratio of assistance in the amount, which, when added
to the sum of the entire proceeds of the levy permitted under former
Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1997, and any other funds which in the opinion of the
board is or can be made currently available for the project,
including funds authorized by the electors from bonds or otherwise,
would be necessary to construct minimum essential facilities for the
project as determined by the board. Not more than forty-five million
dollars ($45,000,000) available for the purposes of this article may
be apportioned for increases in the basic computed state matching
ratio pursuant to this section. The source of the forty-five million
dollars ($45,000,000) apportioned for this purpose shall be thirty
million dollars ($30,000,000) previously appropriated for this
purpose from the School Building Safety Fund by Chapter 500 of the
Statutes of 1972, plus an additional fifteen million dollars
($15,000,000) of bond funds remaining from the State School Building
Aid Bond Law of 1966.
16337. Notwithstanding any provisions of this article, where less
than thirty million dollars ($30,000,000) has been apportioned or
otherwise reserved by the board pursuant to Section 16336 on January
1, 1973, the board shall apportion as grants the remainder thereof
under this section for matching purposes pursuant to this article to
districts which the board determines has the greatest need. The
apportionments under this section may be made only to those districts
(1) which would not have been eligible to apply under Section 16336
if they had levied the entire twenty cent ($0.20) tax rate specified
therein, and (2) which have filed an application by January 1, 1973,
and received an apportionment under this article from the board by
February 28, 1973.
16339. Notwithstanding any provisions of this article or Section
16336 thereof to the contrary, any school district which lacks
sufficient matching funds for a particular project or projects, as
required under this article, may file an application and the board
may approve a project or projects conditioned upon the district
levying, in the 1974-75 fiscal year, the entire twenty cent ($0.20)
tax rate per one hundred dollars ($100) of assessed valuation
permitted under former Section 39230, as amended by Section 147 of
Chapter 36 of the Statutes of 1997, or Section 81180 and applying the
proceeds of such levy as local matching funds for such project or
projects. Beginning in the 1981-82 fiscal year, the tax shall be 0.05
percent of full value.
Under those circumstances, provided the applicant district was not
eligible to receive a grant under Section 16337, the board may
increase the basic computed state matching ratio of assistance in
that amount, which, when added to the sum of the entire proceeds of
the twenty cent ($0.20) tax rate, except beginning in the 1981-82
fiscal year, the tax shall be 0.05 percent of full value, and any
other funds which in the opinion of the board are or can be made
currently available for the project or projects, would be necessary
to construct minimum essential facilities for the project or projects
as determined by the board. Not more than nineteen million dollars
($19,000,000) of the proceeds of the sale of bonds authorized by
Section 16310, may be apportioned pursuant to this section and in
augmentation of the forty-five million dollars ($45,000,000) made
available under Section 16336.
16339.5. Notwithstanding any provisions of this article to the
contrary, any district which does not have sufficient matching funds
for a particular project as required under this article may file an
application under Section 16339, and the board may approve the
project conditioned upon the district levying in the 1975-76 fiscal
year the entire twenty cent ($0.20) tax rate per one hundred dollars
($100) of the assessed valuation permitted under Section 39230.1 in
lieu of the tax authorized by Section 16339 and applying the entire
proceeds of the levy as local matching funds for the project
providing:
(a) The district has levied a tax at the rate of at least ten
cents ($0.10) per one hundred dollars ($100) of assessed valuation of
the tax permitted under Section 39230 for the 1973-74 fiscal year
and of at least nine cents ($0.09) per one hundred dollars ($100) of
assessed valuation of the tax permitted under Section 39230 for the
1974-75 fiscal year.
(b) The district has sold the facilities to be replaced to a
county prior to June 1972, but continued to use the facilities after
the sale until June 1972.
16339.6. Notwithstanding any provisions of this article or Sections
16336 and 16339 thereof to the contrary, any school district, which
has issued at least thirty-seven million dollars ($37,000,000) in
bonds for the purpose of replacing structurally unsafe buildings and
which lacks sufficient matching funds for a particular project or
projects, as required under this article, may apply and the board may
approve, a project or projects conditioned upon the district having
levied or being required to levy, in the fiscal years 1974-75,
1975-76, and 1976-77, the entire twenty cent ($0.20) tax rate per one
hundred dollars ($100) of assessed valuation permitted under Section
39230 and applying the entire proceeds therefrom as local matching
funds to an eligible project or projects.
Under those circumstances, the board may increase the basic
computed state matching ratio of assistance in the amount which, when
added to the sum of (1) the entire proceeds which have been
collected from the aforementioned twenty cent ($0.20) tax levies at
the time of the application and not yet applied as matching funds to
previously approved projects and (2) any other funds which in the
opinion of the board are or can be made currently available for the
project or projects, would be necessary to construct minimum
essential facilities for the project or projects as determined by the
board. Not more than six million dollars ($6,000,000) of the
proceeds of the sale of bonds authorized by Section 16310, may be
apportioned pursuant to this section.
16339.8. Notwithstanding any provisions of this article to the
contrary, the State Allocation Board may appropriate to the
Marysville Joint Unified School District a sum not to exceed seven
hundred thousand dollars ($700,000) for costs incurred in repairing
damage at Lindhurst High School, which was constructed pursuant to
this article as a replacement of facilities not complying with
earthquake safety requirements. The need for the repair of Lindhurst
High School may have been caused by improper construction or design.
Therefore, the proceeds received from any insurance or arbitration
award, or any other action, shall be paid by the district to the
board as a direct reduction in the apportionment made under this
section.
16340. Sections 16006, 16017, 16021, 16066, 16088, 16091, and 16093
to 16100, inclusive, shall be applicable to the administration of
this article unless the context of this article as determined by the
board, requires otherwise.
16341. Whenever a school district receives or has received an
apportionment under this article for the purchase of a site which
contains existing improvements, the board may require the district to
dispose of any existing improvements that a condition of receiving
an apportionment in any manner that the board deems proper. Whenever
a district sells, leases or disposes of any site acquired under an
apportionment or any improvements appurtenant to any site so acquired
it shall contribute a portion of the net proceeds therefrom or the
value of any consideration received therefor, in reduction of any
apportionment, such portion being proportionate to the state's
participation in the project.
16342. To determine the effect of school housing aid for
reorganized districts, the applicable portions of Article 2
(commencing with Section 16150) of this chapter shall apply.
16343. Whenever a conditional apportionment has, prior to January
1, 1980, been made to an applicant school district pursuant to this
chapter and thereafter the county superintendent of schools of the
county having jurisdiction over such district has certified to the
board and the Controller that at an election called, held and
conducted in the district for that purpose, the qualified electors of
the district voting thereat authorized the governing board of the
applicant school district, by the same majority vote required at a
district bond election, to accept, expend and repay an apportionment
under the provisions of this chapter, and whenever thereafter said
county superintendent of schools has certified to the board and the
Controller that the required contribution of the district has been
placed on deposit in the state school building fund of the district
and the board has certified to the Controller that the apportionment
to the applicant school district has become final, such final
apportionment is hereby confirmed, ratified, and validated, and any
expenditure of money from the State School Building Aid Fund or the
School Building Safety Fund according to the terms of such final
apportionment is hereby confirmed, ratified, and validated.
Notwithstanding any provision to the contrary, no funds authorized
by any bond act for the purpose of this chapter shall be made
available for expenditure without specific authority of the board or
its delegated representative.
16344. Notwithstanding the provisions of Section 16319, if a school
district otherwise eligible to receive an apportionment under this
article operates sufficient continuous school programs (as defined in
Chapter 5 (commencing with Section 37600) of Part 22) to provide
housing for students displaced from structurally inadequate
facilities, the costs of modifying any existing facilities necessary
for the implementation of any continuous school programs shall be
eligible, upon the review and recommendation of the State Department
of Education, for an apportionment under this article from the
proceeds of bonds remaining from the authorization provided in the
State School Building Aid Law of 1966.
16310. Not to exceed forty million dollars ($40,000,000) of the
proceeds of the sale of bonds authorized by the State School Building
Aid Bond Law of 1966 may be expended pursuant to this article.
16311. Not to exceed two hundred fifty million dollars
($250,000,000) of the proceeds of the sale of bonds authorized by the
School Building Aid and Earthquake Reconstruction and Replacement
Bond Law of 1972 may be expended pursuant to this article.
16312. The Legislature hereby declares that it is in the interest
of the state and the people thereof to provide assistance to school
districts in rehabilitating or replacing structurally unsafe school
facilities inasmuch as the education of children is an obligation of
the state, and the obligation carries with it a corresponding
responsibility for the physical safety of children while attending
school.
16313. It is the intent of the Legislature in enacting this article
to provide a means through repayable state loans for school
districts not otherwise eligible for assistance under this chapter
(consisting principally of school districts in the urban centers of
the state), to house their pupils in facilities that are structurally
safe.
16314. The following terms, as used in this article, shall have the
following meanings, unless the State Allocation Board finds a
different meaning is essential for properly carrying out the purposes
of this article, or finds that a different meaning clearly appears
from the context:
(a) "Board" means the State Allocation Board as defined in Article
1 (commencing with Section 16000) of this chapter.
(b) "Director" means the Director of Education.
(c) "District" means an elementary, high school, or unified school
district.
(d) "Project" means the purposes for which a district has applied
for assistance in the rehabilitation or replacement of unsafe school
facilities at a given attendance center.
(e) "Apportionment" means an apportionment made under this
article, and unless the context otherwise requires, it shall be
deemed to include funds of a district required by the board to be
contributed toward the cost of a project.
(f) "Attendance center" means a school maintained or to be
maintained at a given location within a district.
16315. The State Allocation Board shall administer this article.
The Director of General Services shall provide the assistance to the
board as it may require.
16316. In addition to any other powers and duties granted to the
board by Article 1 (commencing with Section 16000) of this chapter,
the board shall:
(a) Establish the qualifications that it deems will best serve the
purposes of this article for determining the eligibility of
districts to apportionments under this article.
(b) Establish the procedures and policies in connection with the
administration of and expenditure of funds made available for the
purpose of this article that it deems necessary.
(c) Adopt the rules and regulations for the administration of this
article, requiring the procedure, forms, and information as it may
deem necessary.
16317. The board, by the adoption of rules, shall give priority in
allocating funds to districts which will benefit most from the
reconstruction or replacement of schoolhouse facilities. This
priority may be based on the age and structural safety of existing
buildings at the school or schools where the construction or
reconstruction will occur, acuteness of overcrowding and density of
population in the attendance areas affected, or any other factors
that will insure that the greatest need will be served in allocating
funds under this article.
16318. The board shall prescribe instructions specifying the manner
in which property, real or personal, being replaced through the
apportionment, shall be disposed of, and compliance with the
instructions shall be a condition upon the making of the
apportionment. The net proceeds derived from the disposition shall be
contributed in reduction of any apportionment proportionate to the
state's participating in the project. Any school district affected
shall comply with instructions prescribed by the board. The board may
require a district to transfer to the state by any instruments
deemed appropriate by the board, title to the property, whereupon,
the board shall dispose of the property in any manner it deems
appropriate to insure the highest return to the state, and apply the
applicable proceeds therefrom in reduction of apportionments to the
district. The district affected shall do all things deemed necessary
by the board to implement the disposition.
16319. Apportionments under this article from the State School
Building Aid Fund shall be made for the sole purpose of
reconstructing or replacing existing substandard buildings that
present a potential threat to the safety of schoolchildren and which
do not comply with the requirements of Article 3 (commencing with
Section 17280) of Chapter 2 of Part 10.5 or for the purpose of
restoring facilities damaged by an earthquake after February 1, 1971,
and for which there are no other state or federal funds available
for the restoration. The apportionments shall be made in the manner
and subject to the conditions herein provided and in accordance with
policies adopted by the board for the following purposes, all of
which purposes are declared to be, and are, public works:
(a) The reconstruction, renovation, or remodeling of existing
school buildings and facilities.
(b) The construction of permanent or temporary school buildings
and facilities for replacement purposes.
(c) The acquisition, by purchase or lease, and the installation of
classrooms for replacement purposes.
(d) The acquisition and development of schoolsites necessary for
construction of buildings approved under this article.
(e) The construction, repair, attachment, or development of
offsite facilities, utilities or improvements which the board
determines are necessary to the proper operation or functioning of
the school facilities for which apportionments are made.
(f) The acquisition of additional furniture and equipment as is
deemed necessary by the board to make the rehabilitated or replaced
facilities properly function.
(g) Any combination of the above.
Except as is provided in Section 16320, apportionments shall not
be made under this article for the purpose of reconstructing or
replacing existing substandard buildings which have already been
reconstructed or replaced using funds made available under Chapter
1575 of the Statutes of 1947, as amended, or Chapter 7 (commencing
with Section 16500), Chapter 4 (commencing with Section 15700), and
Chapter 8 (commencing with Section 16000) of this part.
As a part of the purposes, where a district is required by a
contract entered into between itself and a contractor, to obtain at
its own expense insurance covering risks incurred during any
construction, reconstruction, or alteration for which an
apportionment has been made, the cost thereof may be paid either
directly, or by way of reimbursement, to the district out of the
apportionment, or out of any apportionment made specifically covering
the insurance. However, in other respects the apportionments are
eligible for payment under this chapter.
16320. Notwithstanding the provisions of Section 16319,
apportionments under this article from the proceeds of bonds
remaining from the authorization provided in the State School
Building Aid Bond Law of 1966 may be made for the purpose of (1)
reconstructing or replacing existing substandard school buildings or
high school dormitories that present a potential threat to the safety
of schoolchildren and which were not previously constructed or
reconstructed in accordance with the requirements of Article 3
(commencing with Section 17280) of Chapter 2 of Part 10.5 or which if
previously reconstructed to comply with the provisions of Article 3
no longer meet the standards of structural safety prescribed under
the authority of Article 3 in effect on April 10, 1933, or (2)
reconstructing or replacing existing structures utilized by a school
district as school buildings originally designed to house the United
States Cavalry and used as World War II prisoner-of-war camp
structures or an existing structure utilized by a school district as
a school building which was originally designed as a mess facility
for the United States Army Air Corps without regard to conditional or
provisional structural approvals received by the district with
respect to the buildings prior to the enactment of Chapter 500 of the
Statutes of 1972.
Apportionments for the reconstruction or replacement of a
dormitory shall only be made when the use and occupancy of the
dormitory will be by resident pupils of the district who are in
attendance at the high school of the district and when in the
judgment of the board the pupils cannot be reasonably expected to
travel by vehicle to the school on a daily basis.
16321. Notwithstanding the provisions of Section 16319,
apportionments under this article from the proceeds of bonds
remaining from the authorization provided in the State School
Building Aid Bond Law of 1966 may be made for the purpose of
replacing school buildings severely damaged by an earthquake in
Sonoma County subsequent to September 30, 1969, and subsequently
demolished by the school district in the interest of safety to the
children, but not yet replaced by permanent facilities.
16321.7. Notwithstanding the provisions of Section 16319,
apportionments may be made to a school district for the purpose of
replacing an existing substandard building which formerly housed the
district's high school, and which was subsequently replaced by a new
high school building using an apportionment received under this
chapter, but which continued to be used by the district for
elementary school purposes from the time of completion of the new
high school in the 1958-59 school year until November 1971, when the
pupils were transferred from the unsafe school building to temporary
structures.
16322. The State Department of Education shall provide the
following services to school districts making applications for
apportionments under this article:
(a) It shall assist school districts in organizing a comprehensive
planning effort. It shall guide a planning process through its
appropriate steps and, when requested by a school district, it shall
provide the school district with sources of expertise, either public
or private, which may be able to contribute to the development of
plans to find solutions for specific problems a school district may
have.
(b) It shall provide continuing research in relation to all phases
of educational programs and the school facilities that are required
to implement these educational programs.
(c) It shall provide a review and evaluation service to school
districts to assure the effectiveness of the facilities that have
been provided in accommodating educational programs.
(d) It shall provide communication media through publications and
seminars, and prepare planning guides and procedures containing
recommendations, which guides shall be used to disseminate
educational planning information to all school districts.
Unless specifically exempted by the State Allocation Board, each
school district which files an application for an apportionment of
funds under this article after July 1, 1973, shall prepare and submit
to the board either, (1) a long-range comprehensive master plan
justifying the application, prepared in accordance with acceptable
planning procedures, or (2) a certification to the effect that
replacement school buildings for which application has been made will
all be located on existing schoolsites containing a school building
or buildings, or (3) a certification that the applicant school
maintains only one school. Specific information relating to the
following factors must be included in the master plan:
(a) A statement of the educational programs and goals of the
district in relation to its programs, both current and future.
(b) A comprehensive evaluation and report of the utilization of
the school facilities now existing in the district together with
preliminary plans of the facilities to be reconstructed or replaced
under this article, prepared in accordance with the requirements of
Section 17302 or 81138.
(c) A comprehensive demographic study of the district, as it
currently exists and as projected into the future.
(d) A policy statement regarding actual or potential human
problems.
(e) A policy statement as to the priority in which the district
proposes to solve its school housing problems.
(f) A policy statement regarding cooperation with other local
public agencies to achieve total community development.
(g) A policy to insure continuous review so that plans will be
kept up to date and changing conditions will be reviewed and
accommodated by appropriate revision of plans.
The director shall review the long-range master plan and project
development plan and shall report his findings and recommendations
thereon to the board. The board shall in no instance approve an
application or make an apportionment therefor until it has determined
to its satisfaction that the facility for which the apportionment is
sought is justified by an appropriate estimate of average daily
attendance and location within the district.
16323. Each school district which desires an apportionment shall
submit through its governing board to the board an application
therefor in the form and number of copies as the board shall
prescribe. Each copy of the application shall be accompanied by a
statement of the estimated cost of the project certified by an
architect or structural engineer, and by layout plans showing the
entire construction project for which the district desires an
apportionment.
Estimates of costs for new construction or equipment appearing in
an application shall conform to cost standards adopted by the board
under Section 16024.
A school district shall not let any contract for new construction
included in an application for a construction project which has been
approved by the board if the cost exceeds the construction cost
standards fixed by the board under Section 16024 for the new
construction by more than 2 percent or except as otherwise provided
in Section 16332. The amount, if any, by which the contract cost
exceeds the construction cost standards fixed by the board shall be
borne by the school district and shall not be included in the
apportionment.
A school district may at any time amend or supplement its
application.
Each construction project for which a district applies for an
apportionment shall be applied for on a separate application and
shall be considered separately by the board. If a district applies
for more than one construction project, at the same time or at
different times, the priority points of the district shall be
recalculated after the approval of each separate construction project
and before a subsequent construction project is approved.
The board shall require any changes in the plans which an
applicant school district submits with its application that the board
determines is necessary or desirable to reduce the cost of the
project.
16324. A school district may at any time file an application or
amend or supplement an application. Upon receipt of any application,
the Director of General Services shall as promptly as possible
prepare a report and recommendation with respect to the application
after having received recommendations from the director in respect to
any matter which is subject to the jurisdiction or approval of the
director or State Department of Education. The board shall, subject
to the provisions of this article, approve, in whole or in part, or
reject each application referred to it by the Director of General
Services. If the board approves of the application, either in whole
or in part, it shall, by a resolution adopted by it, apportion to the
district from the State School Building Aid Fund the amount applied
for, or any portion thereof that the board may determine appropriate.
However, it may order that the apportionment or any part thereof
shall be paid in progressive installments at any times and under any
conditions that it may then prescribe. This shall be known as a
conditional apportionment and shall become final only if the vote
provided for in Section 16327 is favorable and if the county
superintendent of schools furnishes a certificate satisfactory to the
board certifying that there is on deposit in the state school
building fund of the district the amount of district funds which,
when added to the apportionment computed under Section 16330, will
equal the estimated cost of the project approved under Section 16323.
Unless the board has received the certificates of the county
superintendent of schools required by this section within nine months
from the date of the conditional apportionment, it shall, at the
expiration of the nine-month period, void the conditional
apportionment and shall certify this fact to the Controller. Each
final apportionment made by the board under this article, shall be
certified by it to the Controller who shall from time to time draw
his or her warrant on the Treasurer in favor of the county treasurer
of the county having jurisdiction over the district in accordance
with the terms of the final apportionment. The warrant shall be
exempt from the provisions of Division 4 (commencing with Section
16100) of Title 2 of the Government Code and shall be paid by the
Treasurer from the State School Building Aid Fund.
16325. The board may, upon approval of the application, in whole or
in part, and subsequently from time to time, make a conditional
apportionment or conditional apportionments not exceeding in the
aggregate the total amount approved for the application from the
State School Building Aid Fund for such portion or portions of the
project for which the board determines the district is ready to
proceed. If the board has approved an application and made an
apportionment as to a portion or portions of a project, the board may
approve the remaining portion or portions of the project and make an
additional apportionment or apportionments as it deems appropriate.
If the board determines that the actual cost is in excess of the
estimated cost of the specific school plant facilities or sites for
which an apportionment to a district has been made, or for which a
district's application has been approved in whole or in part pursuant
to this section, the board may make an additional apportionment to
any district in an amount equal to the excess even though the
additional apportionment will result in the total apportionments to
the district exceeding the amount of the application originally
approved by the board.
Approval of an application under this section shall not be
construed as creating or implying any obligation, commitment or
promise on the part of the board or the state to make apportionments
under this chapter.
16326. The amount of new building area for which an apportionment
may be made for the purpose of replacing unsafe school buildings
shall be computed in accordance with regulations adopted by the
board. Such regulation shall be based upon the number of units of
average daily attendance which were housed in the unsafe buildings
being replaced and the building area limitations contained in
Sections 16047, 16052, 16053, 16054 and 16055 together with any
adjustments necessary to alleviate hardships occurring as a result of
only partial replacement of an entire attendance center. In no event
shall an apportionment be made for new building area the chargeable
area of which exceeds the chargeable area of the unsafe buildings
being replaced. The chargeable area of any school building shall be
computed in the uniform manner prescribed by the board.
16327. No payment of funds may be made pursuant to an apportionment
unless the district holds an election at which the electorate of the
district approve the acceptance, expenditure, and repayment of at
least the amount apportioned pursuant to this article. The election
may be held prior to or subsequent to an apportionment. If the
electors voting at the election fail to approve the proposition by
the same majority required at a district bond election, within nine
months from the date of the apportionment, the apportionment and the
board's approval of the application become null and void.
Notwithstanding the foregoing, an election held prior to the
effective date of Article 9 (commencing with Section 16310) of this
chapter, pursuant to Section 16058, is valid for the purposes of the
foregoing paragraph, provided that the district is not otherwise
eligible to receive apportionments under Article 1 (commencing with
Section 16000), Article 2 (commencing with Section 16150), and
Article 3 (commencing with Section 16190) of this chapter.
16328. No apportionment shall be made to a district for the
construction, reconstruction, or alteration of, or addition to,
school buildings if the requirements prescribed by this code for the
construction of school buildings are not met by the plans for the
entire building program of the district in connection with which the
district applied for an apportionment.
16329. Payment shall be made in accordance with the terms of an
apportionment, either directly or by way of reimbursement, to a
school district for expenditures, or commitments therefor, which have
been made by the district subsequent to the effective date of this
article for any items approved by the board in such apportionment.
However, where expenditures were made for, or work was commenced with
respect to, any item so approved, prior to the time the application
of the district containing the item was received by the board,
payment or reimbursement for the item, either with state funds or
with district funds which the district is required to contribute by
the apportionment, shall be made only upon authorization of the board
by special resolution citing this section.
16330. The amount of the apportionment to a school district from
the State School Building Aid Fund shall initially be computed by the
board as follows:
(a) Determining the ratio which the school district's assessed
valuation per pupil for the grade level of the project application
bears to the statewide assessed valuation per pupil in that grade
level, for the preceding fiscal year.
(b) Subtracting the amount computed under (a) from four.
(c) Dividing the amount computed under (b) by four plus the ratio
which the school district's assessed valuation per pupil for the
grade level of the project application bears to the statewide
assessed valuation per pupil for that grade level, for the preceding
fiscal year, which computation shall be denoted the "basic computed
state matching ratio of assistance."
(d) The computation prescribed by subdivisions (a), (b), and (c)
may be diagrammed as follows, with "A.V." representing the words
"assessed valuation," and "a.d.a." representing the words "average
daily attendance."
District A.V. per
a.d.a.
Basic computed 4 - ----------------------
Statewide A.V. per
a.d.a.
+
state matching = ---------------------------
+
District A.V. per
a.d.a.
ratio of assistance 4 + ----------------------
Statewide A.V. per
a.d.a.
(e) The basic computed state matching ratio of assistance for a
grade level of a school district shall not be less than 25 percent
nor more than 80 percent of the cost of any specific project.
(f) When the final eligible costs of a project have been
determined pursuant to the audit prescribed in Sections 16340 and
16099, the amount of the basic computed state matching ratio of
assistance to the district shall be adjusted accordingly.
16330.5. Notwithstanding former Section 39230, as amended by
Section 147 of Chapter 36 of the Statutes of 1977, or anything to the
contrary in this article, whenever the State Allocation Board
determines that state funds are not available to make an
apportionment for an otherwise eligible project in the amount
computed pursuant to Section 16330, an application may be approved
and an apportionment made for one dollar ($1) only. In any instances
the project may be financed by the applicant district using funds
derived from a twenty-cent ($0.20) tax levy provided by Section
39230, as amended by Section 147 of Chapter 36 of the Statutes of
1977, together with any other funds available to the district for
those purposes. The tax levy shall be twenty cents ($0.20) per one
hundred dollars ($100) of assessed value for years prior to the
1980-81 fiscal year and beginning in the 1981-82 fiscal year shall be
0.05 percent of the full value.
16331. A school district may obtain local funds to match the state
assistance with any combination of funds available as follows:
(a) Through the issuance of school district bonds.
(b) Through the levy and collection of school district taxes. The
proceeds of any increase in the maximum tax rate shall be used
exclusively for projects for which an apportionment or apportionments
have been made under this article.
(c) Through the levy and collection of school district taxes as
authorized by Section 39230.
(d) From any other fund available for capital outlay purposes.
16332. Whenever a school district determines that it is in its best
interest to provide facilities on a given schoolsite in addition to
those contained in the approved application, it may do so, with any
excess funds it has available for capital outlay purposes, beyond
those required under this article, by adding the excess funds to the
total cost of the project. There shall be no penalties imposed under
this article as a result of the expenditures.
16333. Whenever a school district has received an apportionment or
apportionments of funds pursuant to Chapter 6 (commencing with
Section 15700) or Chapter 8 (commencing with Section 16000) of this
part, and, through the issuance of bonds, uses the bond proceeds as
its source of funds to match its share of the eligible project cost
of any project for which an apportionment of funds is made under this
article, the amount of the bond funds shall be considered eligible
bonded debt service in the computations made by the Director of
General Services prescribed in Sections 15729 and 15730 and in
Sections 16070 to 16090, inclusive.
16334. The interest on apportionments made under this article shall
be established by the board, with the approval of the Director of
General Services, as follows:
(1) The interest rate applicable to apportionments made pursuant
to Article 1 (commencing with Section 16000) and determined in
accordance with Section 16065 shall be established as of June 30 of
each year.
(2) The applicable interest rate on June 30 shall apply to
apportionments made under this article in the ensuing fiscal year,
July 1 through June 30.
(3) Interest on the apportionment shall be compounded annually
through the 30th day of June of each year.
16335. Each district to which an apportionment or apportionments
has been made under this article shall repay the principal amount of
such apportionment or apportionments and the accrued interest thereon
in 20 equal annual payments. The first payment shall be made in the
second fiscal year following the year in which the apportionment is
made. In any year prior to the 1980-81 fiscal year in which the equal
annual repayment exceeds that amount which seventeen and one-half
cents ($0.175) per one hundred dollars ($100) of assessed valuation
for each grade level (i.e. elementary or high school) operated by the
district would raise during the year of the computation, the
repayment shall be reduced to the amount which the seventeen and
one-half cents ($0.175) for each grade level would so raise. In any
year, beginning in the 1981-82 fiscal year, in which the equal annual
repayment exceeds that amount which 0.04375 percent of the full
value for each grade level operated by the district would raise
during the year of the computation, the repayment shall be reduced to
the amount which the 0.04375 percent of the full value for each
grade level would so raise. The amount of the reduction in computed
repayment shall be canceled on the books of the Controller. If more
than one apportionment is made the annual amount payable shall be the
sum of the amounts which would be payable on each amount if computed
separately.
On or before the first day of January of each fiscal year the
State Controller shall determine the annual repayment, if any, to be
due from each district during the next succeeding fiscal year. The
computation and collection procedures shall be in accordance with
Sections 16080, 16089, and 16090.
16335.1. Any apportionment made to the Marysville Joint Unified
School District under Section 16339.8 shall be repaid through the
continuance of the seventeen and one-half cents ($0.175) per one
hundred dollars ($100) of assessed valuation per grade level tax rate
set forth in Section 16335, after such time as the maximum repayment
under Section 16335 becomes less than seventeen and one-half cents
($0.175) per one hundred dollars ($100) of assessed valuation per
grade level. When the Controller has determined that the entire
apportionment including interest, but less any amount paid by the
district pursuant to Section 16339.8 has been completely repaid, this
section shall cease to be operative.
16336. Notwithstanding any provisions of this article, any school
district which has levied the entire amount permitted under former
Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1977, and has declared the entire proceeds therefrom
available as local matching funds for a particular project, but lacks
sufficient matching funds for the project as required under this
article, may file an application thereunder prior to January 1, 1974.
Under the circumstances the board may increase the basic computed
state matching ratio of assistance in the amount, which, when added
to the sum of the entire proceeds of the levy permitted under former
Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1997, and any other funds which in the opinion of the
board is or can be made currently available for the project,
including funds authorized by the electors from bonds or otherwise,
would be necessary to construct minimum essential facilities for the
project as determined by the board. Not more than forty-five million
dollars ($45,000,000) available for the purposes of this article may
be apportioned for increases in the basic computed state matching
ratio pursuant to this section. The source of the forty-five million
dollars ($45,000,000) apportioned for this purpose shall be thirty
million dollars ($30,000,000) previously appropriated for this
purpose from the School Building Safety Fund by Chapter 500 of the
Statutes of 1972, plus an additional fifteen million dollars
($15,000,000) of bond funds remaining from the State School Building
Aid Bond Law of 1966.
16337. Notwithstanding any provisions of this article, where less
than thirty million dollars ($30,000,000) has been apportioned or
otherwise reserved by the board pursuant to Section 16336 on January
1, 1973, the board shall apportion as grants the remainder thereof
under this section for matching purposes pursuant to this article to
districts which the board determines has the greatest need. The
apportionments under this section may be made only to those districts
(1) which would not have been eligible to apply under Section 16336
if they had levied the entire twenty cent ($0.20) tax rate specified
therein, and (2) which have filed an application by January 1, 1973,
and received an apportionment under this article from the board by
February 28, 1973.
16339. Notwithstanding any provisions of this article or Section
16336 thereof to the contrary, any school district which lacks
sufficient matching funds for a particular project or projects, as
required under this article, may file an application and the board
may approve a project or projects conditioned upon the district
levying, in the 1974-75 fiscal year, the entire twenty cent ($0.20)
tax rate per one hundred dollars ($100) of assessed valuation
permitted under former Section 39230, as amended by Section 147 of
Chapter 36 of the Statutes of 1997, or Section 81180 and applying the
proceeds of such levy as local matching funds for such project or
projects. Beginning in the 1981-82 fiscal year, the tax shall be 0.05
percent of full value.
Under those circumstances, provided the applicant district was not
eligible to receive a grant under Section 16337, the board may
increase the basic computed state matching ratio of assistance in
that amount, which, when added to the sum of the entire proceeds of
the twenty cent ($0.20) tax rate, except beginning in the 1981-82
fiscal year, the tax shall be 0.05 percent of full value, and any
other funds which in the opinion of the board are or can be made
currently available for the project or projects, would be necessary
to construct minimum essential facilities for the project or projects
as determined by the board. Not more than nineteen million dollars
($19,000,000) of the proceeds of the sale of bonds authorized by
Section 16310, may be apportioned pursuant to this section and in
augmentation of the forty-five million dollars ($45,000,000) made
available under Section 16336.
16339.5. Notwithstanding any provisions of this article to the
contrary, any district which does not have sufficient matching funds
for a particular project as required under this article may file an
application under Section 16339, and the board may approve the
project conditioned upon the district levying in the 1975-76 fiscal
year the entire twenty cent ($0.20) tax rate per one hundred dollars
($100) of the assessed valuation permitted under Section 39230.1 in
lieu of the tax authorized by Section 16339 and applying the entire
proceeds of the levy as local matching funds for the project
providing:
(a) The district has levied a tax at the rate of at least ten
cents ($0.10) per one hundred dollars ($100) of assessed valuation of
the tax permitted under Section 39230 for the 1973-74 fiscal year
and of at least nine cents ($0.09) per one hundred dollars ($100) of
assessed valuation of the tax permitted under Section 39230 for the
1974-75 fiscal year.
(b) The district has sold the facilities to be replaced to a
county prior to June 1972, but continued to use the facilities after
the sale until June 1972.
16339.6. Notwithstanding any provisions of this article or Sections
16336 and 16339 thereof to the contrary, any school district, which
has issued at least thirty-seven million dollars ($37,000,000) in
bonds for the purpose of replacing structurally unsafe buildings and
which lacks sufficient matching funds for a particular project or
projects, as required under this article, may apply and the board may
approve, a project or projects conditioned upon the district having
levied or being required to levy, in the fiscal years 1974-75,
1975-76, and 1976-77, the entire twenty cent ($0.20) tax rate per one
hundred dollars ($100) of assessed valuation permitted under Section
39230 and applying the entire proceeds therefrom as local matching
funds to an eligible project or projects.
Under those circumstances, the board may increase the basic
computed state matching ratio of assistance in the amount which, when
added to the sum of (1) the entire proceeds which have been
collected from the aforementioned twenty cent ($0.20) tax levies at
the time of the application and not yet applied as matching funds to
previously approved projects and (2) any other funds which in the
opinion of the board are or can be made currently available for the
project or projects, would be necessary to construct minimum
essential facilities for the project or projects as determined by the
board. Not more than six million dollars ($6,000,000) of the
proceeds of the sale of bonds authorized by Section 16310, may be
apportioned pursuant to this section.
16339.8. Notwithstanding any provisions of this article to the
contrary, the State Allocation Board may appropriate to the
Marysville Joint Unified School District a sum not to exceed seven
hundred thousand dollars ($700,000) for costs incurred in repairing
damage at Lindhurst High School, which was constructed pursuant to
this article as a replacement of facilities not complying with
earthquake safety requirements. The need for the repair of Lindhurst
High School may have been caused by improper construction or design.
Therefore, the proceeds received from any insurance or arbitration
award, or any other action, shall be paid by the district to the
board as a direct reduction in the apportionment made under this
section.
16340. Sections 16006, 16017, 16021, 16066, 16088, 16091, and 16093
to 16100, inclusive, shall be applicable to the administration of
this article unless the context of this article as determined by the
board, requires otherwise.
16341. Whenever a school district receives or has received an
apportionment under this article for the purchase of a site which
contains existing improvements, the board may require the district to
dispose of any existing improvements that a condition of receiving
an apportionment in any manner that the board deems proper. Whenever
a district sells, leases or disposes of any site acquired under an
apportionment or any improvements appurtenant to any site so acquired
it shall contribute a portion of the net proceeds therefrom or the
value of any consideration received therefor, in reduction of any
apportionment, such portion being proportionate to the state's
participation in the project.
16342. To determine the effect of school housing aid for
reorganized districts, the applicable portions of Article 2
(commencing with Section 16150) of this chapter shall apply.
16343. Whenever a conditional apportionment has, prior to January
1, 1980, been made to an applicant school district pursuant to this
chapter and thereafter the county superintendent of schools of the
county having jurisdiction over such district has certified to the
board and the Controller that at an election called, held and
conducted in the district for that purpose, the qualified electors of
the district voting thereat authorized the governing board of the
applicant school district, by the same majority vote required at a
district bond election, to accept, expend and repay an apportionment
under the provisions of this chapter, and whenever thereafter said
county superintendent of schools has certified to the board and the
Controller that the required contribution of the district has been
placed on deposit in the state school building fund of the district
and the board has certified to the Controller that the apportionment
to the applicant school district has become final, such final
apportionment is hereby confirmed, ratified, and validated, and any
expenditure of money from the State School Building Aid Fund or the
School Building Safety Fund according to the terms of such final
apportionment is hereby confirmed, ratified, and validated.
Notwithstanding any provision to the contrary, no funds authorized
by any bond act for the purpose of this chapter shall be made
available for expenditure without specific authority of the board or
its delegated representative.
16344. Notwithstanding the provisions of Section 16319, if a school
district otherwise eligible to receive an apportionment under this
article operates sufficient continuous school programs (as defined in
Chapter 5 (commencing with Section 37600) of Part 22) to provide
housing for students displaced from structurally inadequate
facilities, the costs of modifying any existing facilities necessary
for the implementation of any continuous school programs shall be
eligible, upon the review and recommendation of the State Department
of Education, for an apportionment under this article from the
proceeds of bonds remaining from the authorization provided in the
State School Building Aid Law of 1966.
