State Codes and Statutes

Statutes > California > Edc > 17070.10-17070.99

EDUCATION CODE
SECTION 17070.10-17070.99



17070.10.  This chapter shall be known, and may be cited, as the
Leroy F. Greene School Facilities Act of 1998.



17070.15.  The following terms, wherever used or referred to in this
chapter, shall have the following meanings, respectively, unless a
different meaning appears from the context:
   (a) "Apportionment" means a reservation of funds for the purpose
of eligible new construction, modernization, or hardship approved by
the board for an applicant school district.
   (b) "Attendance area" means the geographical area serving an
existing high school and those junior high schools and elementary
schools included therein.
   (c) "Board" means the State Allocation Board as established by
Section 15490 of the Government Code.
   (d) "Committee" means the State School Building Finance Committee
established pursuant to Section 15909.
   (e) "County fund" means a county school facilities fund
established pursuant to Section 17070.43.
   (f) "Department" means the Department of General Services.
   (g) "Fund" means the applicable 1998 State School Facilities Fund,
the 2002 State School Facilities Fund, or the 2004 State School
Facilities Fund, established pursuant to Section 17070.40.
   (h) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
   (i) "Modernization" means any modification of a permanent
structure that is at least 25 years old, or in the case of a portable
classroom, that is at least 20 years old, that will enhance the
ability of the structure to achieve educational purposes.
   (j) "Portable classroom" means a classroom building of one or more
stories that is designed and constructed to be relocatable and
transportable over public streets, and with respect to a single story
portable classroom, is designed and constructed for relocation
without the separation of the roof or floor from the building and
when measured at the most exterior walls, has a floor area not in
excess of 2,000 square feet.
   (k) "Property" includes all property, real, personal or mixed,
tangible or intangible, or any interest therein necessary or
desirable for carrying out the purposes of this chapter.
   (l) "School building capacity" means the capacity of a school
building to house pupils.
   (m) "School district" means a school district or a county office
of education. For purposes of determining eligibility under this
chapter, "school district" may also mean a high school attendance
area.



17070.20.  The Director of General Services shall administer this
chapter and shall provide assistance to the board as it requires.



17070.25.  The department shall first publish applications for
funding under this chapter by November 4, 1998, and shall be prepared
to receive and expeditiously act upon applications on and after that
date.


17070.30.  The State Allocation Board is continued in existence for
the purpose of this chapter. The members of the board and the Members
of the Legislature meeting with the board shall have no compensation
for their services under this chapter, but shall be reimbursed for
their actual and necessary expenses incurred in connection with the
performance of their duties pursuant to this chapter, to be paid as
an administrative expense.



17070.33.  (a) The board shall adopt guidelines for use by districts
by June 30, 1999, to achieve measurable reductions in the costs of
school facilities construction.
   (b) The guidelines shall include, but need not be limited to, all
of the following:
   (1) Mechanisms designed to reduce the costs of professional fees.
   (2) Mechanisms designed to reduce the costs of site preparation.
   (3) Recommendations for the use of alternate cost-saving
construction materials and methods.
   (4) Recommendations regarding the joint use of core facilities.
   (5) Mechanisms designed to reduce costs by incorporating
efficiencies in schoolsite design.
   (6) Recommendations regarding the use of cost-effective, efficient
reusable facility plans.
   (c) If a school district's matching funds include fees charged
pursuant to Section 17620 or pursuant to Section 65995.5 or 65995.7
of the Government Code, or if a district receives funds pursuant to
this chapter, the district shall consider the guidelines developed
pursuant to this section as fully as is practicable.
   (d) When the board adopts the guidelines, it shall not include any
recommendation that would have a significant detrimental effect on
educational programs.



17070.35.  (a) In addition to all other powers and duties as are
granted to the board by this chapter, other statutes, or the
California Constitution, the board shall do all of the following:
   (1) Adopt rules and regulations, pursuant to the rulemaking
provisions of the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, for the administration of this chapter.
However, the board shall have no authority to set the level of the
fees of any architect, structural engineer, or other design
professional on any project. The initial regulations adopted pursuant
to this chapter shall be adopted as emergency regulations, and the
circumstances related to the initial adoption are hereby deemed to
constitute an emergency for this purpose. The initial regulations
adopted pursuant to this chapter shall be adopted by November 4,
1998. If the initial regulations are not adopted by that date, the
board shall report to the Legislature by that date, explaining the
reasons for the delay.
   (2) Establish and publish any procedures and policies in
connection with the administration of this chapter as it deems
necessary.
   (3) Determine the eligibility of school districts to receive
apportionments under this chapter.
   (4) Apportion funds to eligible school districts under this
chapter.
   (b) The board shall review and amend its regulations as necessary
to adjust its administration of this chapter to conform with the act
that amended this section to add this subdivision. Regulations
adopted pursuant to this subdivision shall be adopted by November 5,
2002, and shall be adopted as emergency regulations in accordance
with the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of any emergency
regulation pursuant to this subdivision filed with the Office of
Administrative Law shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health and
safety, or general welfare. Notwithstanding subdivision (e) of
Section 11346.1 of the Government Code, any emergency regulation
adopted pursuant to this section shall remain in effect for no more
than 365 days unless the board has complied with Sections 11346.2 to
11348, inclusive, of the Government Code.



17070.40.  (a) (1) A fund is hereby established in the State
Treasury to be known as the 1998 State School Facilities Fund. All
money in the fund, including any money deposited in that fund from
any source whatsoever, and notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated without regard
to fiscal years for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 1998 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 1998 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 1998 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 1998 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
   (b) (1) A fund is hereby established in the State Treasury to be
known as the 2002 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2002 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2002 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2002 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2002 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
   (c) (1) A fund is hereby established in the State Treasury to be
known as the 2004 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2004 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2004 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2004 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2004 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
   (d) (1) A fund is hereby established in the State Treasury, to be
known as the 2006 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2006 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2006 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2006 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2006 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.



17070.43.  (a) A county school facilities fund is hereby established
in the county treasury within each county for each school district
in the county.
   (b) The board may from time to time authorize the Controller to
transfer any funds that the board may deem necessary from the 1998
State School Facilities Fund, the 2002 State School Facilities Fund,
or the 2004 State School Facilities Fund, as the case may be, to the
corresponding county fund in the county treasury. Interest on all
funds deposited in the county fund shall be retained in that fund.
   (c) Funds may be expended from the county fund by the recipient
school district for qualifying school facilities expenditures set
forth in Sections 17072.35 and 17074.25.



17070.45.  This chapter shall not be construed to change the powers
and duties of the State Department of Education or the Department of
General Services with respect to schoolsites and the construction of
school buildings as contained in Chapter 1 (commencing with Section
17211) and Chapter 3 (commencing with Section 17251) of Part 10.5.




17070.46.  (a) For projects funded under this chapter, the following
state agencies are deemed not to be the lead agency for the purposes
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code):
   (1) The board.
   (2) The Department of General Services.
   (3) The Office of the State Architect.
   (4) The Office of Public School Construction.
   (5) The State Department of Education, except as appropriate for
projects relating to the California School for the Deaf and the
California School for the Blind.
   (b) This section is declaratory of existing law.



17070.50.  The board shall not apportion funds to any school
district, unless the applicant school district has certified to the
board that the services of any architect, structural engineer, or
other design professional for any work under the project have been
obtained pursuant to a competitive process that is consistent with
the requirements of Chapter 10 (commencing with Section 4525) of
Division 5 of Title 1 of the Government Code and has obtained the
written approval of the State Department of Education that the site
selection, and the building plans and specifications, comply with the
standards adopted by the department pursuant to subdivisions (b) and
(c), respectively, of Section 17251.



17070.51.  (a) If any certified eligibility or funding application
related information is found to have been falsely certified by school
districts, architects or design professionals, hereinafter referred
to as a material inaccuracy, the Office of Public School Construction
shall notify the board.
   (b) The board shall impose the following penalties if an
apportionment and fund release has been made based upon information
in the project application or related materials that constitutes a
material inaccuracy.
   (1) Pursuant to a repayment schedule approved by the board of no
more than five years, the school district shall repay to the board,
for deposit into the 1998 State School Facilities Fund, the 2002
State School Facilities Fund, or the 2004 State School Facilities
Fund, as the case may be, an amount proportionate to the additional
funding received as a result of the material inaccuracy including
interest at the rate paid on moneys in the Pooled Money Investment
Account or at the highest rate of interest for the most recent issue
of state general obligation bonds as established pursuant to the
Chapter 4 (commencing with Section 16720), of Part 3 of Division 4 of
Title 2 of the Government Code, whichever is greater.
   (2) The board shall prohibit the school district from
self-certifying certain project information for any subsequent
applications for project funding for a period of up to five years
following the date of the finding of a material inaccuracy or until
the district's repayment of the entire amount owed under paragraph
(1). Although a school district that is subject to this paragraph may
not self-certify, the school district shall not be prohibited from
applying for state funding under this chapter. The board shall
establish an alternative method for state or independent
certification of compliance that shall be applicable in these cases.
The process shall include, but shall not be limited to, procedures
for payment by the school district of any increased costs associated
with the alternative certification process.
   (c) For school districts found to have provided material
inaccuracies when a funding apportionment has occurred, but no fund
release has been made, the board shall direct its staff to reduce the
apportionment as necessary to reflect the actual nature of the
project and to disregard the inaccurate information or material, and
paragraph (2) of subdivision (b) shall apply.
   (d) For those school districts found to have provided material
inaccuracies when no funding apportionment or fund release has been
made, the inaccurate information or materials shall not be
considered, and paragraph (2) of subdivision (b) shall apply. The
project may continue if the application, minus the inaccurate
materials, is still complete.


17070.52.  (a) The State Department of Education shall include in
its application for new construction plan approval developed pursuant
to the authority established in Section 17070.50 the following
questions:

   "Does the project include a school that will have a career
technical education component and classroom space to accommodate that
career technical education program  If not, how will the school
district meet the needs for career technical education of pupils
housed by the proposed new school facilities "

   "How is the need for vocational and career technical education
facilities, as required pursuant to Section 17070.955 of the
Education Code, identified "

   (b) The State Department of Education shall maintain the answers
to the questions required by subdivision (a) that have been received
from applicant school districts in a publicly accessible manner and
shall provide a summary of the responses to the Office of Public
School Construction on a quarterly basis. The Office of Public School
Construction shall post each summary on its Web site as soon as
possible after receiving it.


17070.55.  Upon request of any school district, the State Department
of Education shall provide assistance in the evaluation and
utilization of existing school facilities and the justification of
the need for schoolsites, new facilities, and the rehabilitation or
replacement of existing facilities, in accordance with board
regulations.



17070.60.  Funding decisions made by the board shall not, in
themselves, make the board liable for any tort, breach of contract,
or any other action for damages caused by a school district arising
from new construction or modernization by the district. These
contracts include, but are not limited to, contracts between the
school district and its construction contractors, construction
managers, architects, or engineers. The school district shall be
liable for all torts, breaches of contract, or any other actions for
damages caused by the school district.




17070.63.  (a) The total funding provided under this chapter shall
constitute the state's full and final contribution to the project and
for eligibility for state facilities funding represented by the
number of unhoused pupils for which the school district is receiving
the state grant. As a condition of receipt of funds, a school
district shall certify that the grant amount, combined with local
funds, shall be sufficient to complete the school construction
project for which the grant is intended.
   (b) Any funds provided to a school district under any article in
this chapter may not be counted towards the local match for receipt
of funds under any other article in this chapter.
   (c) Any savings achieved by the district's efficient and prudent
expenditure of these funds shall be retained by the district in the
county fund for expenditure by the district for other high priority
capital outlay purposes.



17070.65.  From any moneys in one of the funds established pursuant
to Section 17070.40, as appropriate, and approved for this purpose in
the annual Budget Act, the board shall make available to the
Director of General Services the amounts that the board determines
necessary for the Department of General Services to provide the
assistance, pursuant to this chapter, required pursuant to Section
15504 of the Government Code to facilitate the construction,
modernization, reconstruction, or alteration of, or addition to,
school buildings.


17070.70.  (a) Title, including, but not limited to, any leasehold
interest as set forth in subdivision (c), to all property acquired,
constructed, or improved with funds made available under this chapter
shall be held by the school district to which the board grants the
funds. Title, as defined solely for the purpose of a school district'
s eligibility to receive funds from the board pursuant to this
chapter shall include an order for prejudgment possession issued by a
court in an eminent domain proceeding.
   (b) The applicant school district shall comply with all laws
pertaining to the construction, reconstruction, or alteration of, or
addition to, school buildings.
   (c) Notwithstanding Section 17009.5, construction or modernization
funds made available pursuant to this chapter may be expended upon
property that is leased to the applicant school district only if the
project qualified for and received approval by the board, prior to
November 4, 1998, pursuant to Article 4 (commencing with Section
17055), of Chapter 12.


17070.71.  (a) Notwithstanding subdivision (a) of Section 17070.70,
new construction or modernization funded pursuant to this chapter may
be upon real property leased to the applicant school district if all
of the following conditions are met:
   (1) The property is leased from another governmental entity.
   (2) The term of the lease is for at least 40 years after approval
of the project under this chapter, or the school district has a lease
for at least 25 years on federal property. The board may authorize a
lesser term, of not less than 30 years only if the board finds that
granting an exception to this requirement would be in the state's
best interest.
   (b) The applicant school district, and the facility on leased
land, if any, shall comply with all laws pertaining to the
construction, reconstruction, or alteration of, or addition to,
schoolsites and school buildings.
   (c) Lease costs are not eligible project or site acquisition costs
under this chapter.



17070.73.  (a) A school district may claim the entire pupil
attendance of a charter school that is physically located within its
geographical jurisdiction, within the per-pupil eligibility
calculation in support of a project for school facilities pursuant to
this chapter.
   (b) A school district shall not include the attendance of pupils
attending a charter school that is physically located outside of the
geographical jurisdiction of the school district, within the
per-pupil eligibility calculation in support of an application for a
project pursuant to this chapter.
   (c) The requirements and conditions for funding charter school
facilities in this section and in Article 12 (commencing with Section
17078.50) are intended to regulate only the funding of facilities
under this chapter, and are not intended to expand, narrow, or raise
any inference regarding, the nature or scope of any other law that is
applicable to charter school governance, organization, or operation.
   (d) Subdivisions (a) and (b) apply only to projects funded with
the proceeds of state bonds approved by the voters after January 1,
2002.



17070.75.  (a) The board shall require the school district to make
all necessary repairs, renewals, and replacements to ensure that a
project is at all times maintained in good repair, working order, and
condition. All costs incurred for this purpose shall be borne by the
school district.
   (b) In order to ensure compliance with subdivision (a) and to
encourage school districts to maintain all buildings under their
control, the board shall require an applicant school district to do
all of the following prior to the approval of a project:
   (1) Establish a restricted account within the general fund of the
school district for the exclusive purpose of providing moneys for
ongoing and major maintenance of school buildings, according the
highest priority to funding for the purposes set forth in subdivision
(a).
   (2) (A) Agree to deposit into the account established pursuant to
paragraph (1), in each fiscal year for 20 years after receipt of
funds under this chapter, a minimum amount equal to or greater than 3
percent of the total general fund expenditures of the applicant
school district, including other financing uses, for that fiscal
year. Annual deposits to the account established pursuant to
paragraph (1) in excess of 2 1/2 percent of the school district
general fund budget may count towards the amount of funds required to
be contributed by a school district in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used for
purposes that qualify for funding under that section.
   (B) Notwithstanding subparagraph (A), for the 2004-05 fiscal year
only, an applicant school district shall deposit into the account
established pursuant to paragraph (1), no less than 2 percent of the
total general fund expenditures of the school district, including
other financing uses, for the fiscal year. The annual deposit to the
account in excess of 1 1/2 percent of the school district general
fund budget for the 2004-05 fiscal year may count towards the amount
that a school district is required to contribute in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used for
purposes that qualify for funding under that section.
   (C) A school district contribution to the account may be provided
in lieu of meeting the ongoing maintenance requirements pursuant to
Section 17014 to the extent the funds are used for purposes
established in that section. A school district that serves as the
administrative unit for a special education local plan area may elect
to exclude from its total general fund expenditures, for purposes of
this paragraph, the distribution of revenues that are passed through
to participating members of the special education local plan area.
   (D) This paragraph applies only to the following school districts:
   (i) High school districts with an average daily attendance greater
than 300 pupils.
   (ii) Elementary school districts with an average daily attendance
greater than 900 pupils.
   (iii) Unified school districts with an average daily attendance
greater than 1,200 pupils.
   (3) Certify that it has publicly approved an ongoing and major
maintenance plan that outlines the use of the funds deposited, or to
be deposited, pursuant to paragraph (2). The plan may provide that
the school district need not expend all of its annual allocation for
ongoing and major maintenance in the year in which it is deposited if
the cost of major maintenance requires that the allocation be
carried over into another fiscal year. However, any state funds
carried over into a subsequent year may not be counted toward the
annual minimum contribution by the school district. A plan developed
in compliance with this section shall be deemed to meet the
requirements of Section 17585.
   (c) A school district to which paragraph (2) of subdivision (b)
does not apply shall certify to the board that it can reasonably
maintain its facilities with a lesser level of maintenance.
   (d) For purposes of calculating a county office of education
requirement pursuant to this section, the 3 percent maintenance
requirement shall be based upon the county office of education
general fund less any restricted accounts.
   (e) As a condition of participation in the school facilities
program or the receipt of funds pursuant to Section 17582, for a
fiscal year after the 2004-05 fiscal year, a school district shall
establish a facilities inspection system to ensure that each of its
schools is maintained in good repair.
   (f) For purposes of this section, "good repair" has the same
meaning as specified in subdivision (d) of Section 17002.



17070.755.  A priority for the use of funds in the restricted
account established pursuant to Section 17070.75, shall be to ensure
that facilities, including, but not limited to, restroom facilities
for pupils, are functional and that they meet local hygiene standards
generally applicable to public facilities.



17070.76.  Notwithstanding Section 17070.75, for the 2003-04 fiscal
year, the board shall only require a school district to deposit into
the account established pursuant to paragraph (1) of subdivision (b)
of Section 17070.75 an amount equal to 2 percent of the total
expenditures by a district from its general fund in the 2003-04
fiscal year.



17070.766.  Notwithstanding paragraph (2) of subdivision (b) of
Section 17070.75, for the 2008-09, 2009-10, 2010-11, 2011-12, and
2012-13 fiscal years, the board shall require a school district to
deposit into the account established pursuant to paragraph (1) of
subdivision (b) of Section 17070.75 only an amount equal to 1 percent
of the total expenditures by a district from its general fund in the
2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years
respectively, but if the school district maintains its facilities in
good repair, as defined in Section 17002, it shall be exempt from
this 1 percent requirement. A school district may elect to deposit
into the account an amount that is greater than the amount required
by the board pursuant to this section.



17070.77.  (a) For each project funded after January 1, 2002, the
board shall require the applicant school district governing board to
certify, as part of the school district's annual budget process and
beginning in the fiscal year in which the project is funded by the
state, that it is in compliance with the plan adopted pursuant to
paragraph (3) of subdivision (b) of Section 17070.75 for completing
major maintenance requirements for the project.
   (b) For purposes of this chapter, the term "major maintenance"
means all actions necessary to keep roofing, siding, painting, floor
and window coverings, fixtures, cabinets, heating and cooling
systems, landscaping, fences, and other items designated by the
governing board of the school district in good repair.
   (c) The board shall require the school district's governing board
to certify that the plan includes and is being implemented with all
of the following components:
   (1) Identification of the major maintenance needs for the project.
   (2) Specification of a schedule for completing the major
maintenance.
   (3) Specification of a current cost estimate for the scheduled
major maintenance needs.
   (4) Specification of the school district's schedule for funding a
reserve to pay for the scheduled major maintenance needs.
   (5) Review of the plan annually, as a part of the school district'
s annual budget process, and update, as needed, the major maintenance
needs, the estimates of expected costs, and any adjustments in
funding the reserve.
   (6) Availability for public inspection of the original plan, and
all updated versions of the plan, at the office of the superintendent
of the school district during the working hours of the school
district.
   (7) Provision in the school district's annual budget for the
reserve that contains the total funding available for scheduled major
maintenance needs as specified in the updated plan, and an
explanation if this amount of the reserve is less than that specified
in the updated plan.



17070.80.  (a) All school facilities purchased or newly constructed
pursuant to this chapter for use, in whole or in part, by pupils who
are individuals with exceptional needs, as defined in Section 56026,
shall be designed and located on the schoolsite so as to maximize
interaction between those individuals with exceptional needs and
other pupils as appropriate to the needs of both.
   (b) The governing board of each applicant school district and the
county office of education shall ensure that school facilities for
pupils who are individuals with exceptional needs are integrated with
other school facilities.
   (c) The State Allocation Board, after consultation with the State
Department of Education and representatives from county offices of
education, special education services regions, and school districts,
shall develop and adopt any regulations necessary to implement this
section.
   (d) Notwithstanding any other provision of law, the requirement
set forth in subdivision (a) may be waived, by the Superintendent of
Public Instruction, only upon compliance with the following
procedure:
   (1) The applicant school district or county superintendent of
schools shall file a written request for waiver that documents the
reasons for its inability to comply with the requirement.
   (2) The State Department of Education shall verify the reasons set
forth pursuant to paragraph (1), including the documentation
submitted, which verification shall be completed no later than 30
days after the filing of the request for waiver with the
Superintendent of Public Instruction.
   (3) The Advisory Commission on Special Education, as established
under Section 33590, at its first scheduled meeting following the
verification conducted pursuant to paragraph (2), shall review the
request for waiver, accompanying documentation, and the verification
findings of the State Department of Education. No later than 15 days
following the date of that meeting, the commission shall submit its
written comments and recommendations regarding the request for waiver
to the Superintendent of Public Instruction.
   (4) The Superintendent of Public Instruction shall review the
comments and recommendations submitted by the Advisory Commission on
Special Education prior to approving or rejecting the request for
waiver.
   (5) Any request for waiver, submitted in accordance with this
section, that is not rejected within 60 days of its receipt by the
State Department of Education, shall be deemed approved.



17070.85.  Notwithstanding any other provision of law, a lien
recorded on school district property that has been imposed pursuant
to Section 16019 or 17030 shall be released on the operative date of
this section. The release shall conclusively protect any third party
relying upon the same, and shall be acknowledged to permit
recordation by the county recorder. On and after November 4, 1998, a
lien may not be imposed pursuant to Section 16019 or Section 17030.



17070.90.  As a part of its application, a school district shall
certify that it has considered the feasibility of the joint use of
land and facilities with other governmental entities in order to
minimize school facilities costs. Funds provided pursuant to this
chapter for growth and modernization may be used for the school
portion of joint-use facilities.



17070.95.  As a part of its application for large construction and
modernization projects, a school district shall certify, in
consultation with the career technical education advisory committee
established pursuant to Section 8070, that it has considered the need
for vocational and career technical facilities to adequately meet
its program needs consistent with Section 51224, subdivision (b) of
Section 51225.3, and Section 52336.1. The board shall adopt
regulations necessary for administration of this section.



17070.955.  In conjunction with an application of a school district
for any construction or modernization project, and as a condition of
the district receiving funds for the project, the career technical
education advisory committee for the district shall provide written
confirmation that the need for vocational and career technical
facilities is being adequately met within the district consistent
with Section 51224, subdivision (b) of Section 51225.3, subdivision
(b) of Section 51228, and Section 52336.1.



17070.96.  As part of its application for funding under this
chapter, a school district shall certify that it has considered the
feasibility of using designs and materials for the construction or
modernization project that promote the efficient use of energy and
water, the maximum use of natural lighting and indoor air quality,
the use of recycled materials and materials that emit a minimum of
toxic substances, the use of acoustics conducive to teaching and
learning, and other characteristics of high performance schools.



17070.97.  The board shall require the school district to insure
against public liability or property damage in connection with any
facility constructed or modernized with an apportionment under this
chapter.


17070.98.  A school district that does not have employees who
possess adequate construction management experience may contract for
the provision of construction management, and may use funds provided
pursuant to Article 4 (commencing with Section 17072.10), Article 5
(commencing with Section 17072.20), and Article 7 (commencing with
Section 17074.10) for the cost of those services as expressly
authorized by Section 17072.35 and Section 17074.25.



17070.99.  (a) The board shall conduct an evaluation on the cost of
new construction and modernization of small high schools in
conjunction with the pilot program established pursuant to
subdivision (c) of Section 17072.10, as it read on January 1, 2005.
   (b) The State Department of Education shall conduct an evaluation
that focuses on pupil outcomes, including, but not limited to,
academic achievement and college attendance rates, at the small high
schools constructed pursuant to subdivision (c) of Section 17072.10,
as it read on January 1, 2005, and on the reasons school districts do
not currently opt to build small high schools.
   (c) The evaluations required pursuant to subdivisions (a) and (b)
shall be completed no later than two years after the opening of the
last small high school constructed pursuant to subdivision (c) of
Section 17072.10, as it read on January 1, 2005.
   (d) The evaluations conducted pursuant to subdivisions (a) and (b)
shall be used to inform the direction of future school facilities
construction and related bond measures.


State Codes and Statutes

Statutes > California > Edc > 17070.10-17070.99

EDUCATION CODE
SECTION 17070.10-17070.99



17070.10.  This chapter shall be known, and may be cited, as the
Leroy F. Greene School Facilities Act of 1998.



17070.15.  The following terms, wherever used or referred to in this
chapter, shall have the following meanings, respectively, unless a
different meaning appears from the context:
   (a) "Apportionment" means a reservation of funds for the purpose
of eligible new construction, modernization, or hardship approved by
the board for an applicant school district.
   (b) "Attendance area" means the geographical area serving an
existing high school and those junior high schools and elementary
schools included therein.
   (c) "Board" means the State Allocation Board as established by
Section 15490 of the Government Code.
   (d) "Committee" means the State School Building Finance Committee
established pursuant to Section 15909.
   (e) "County fund" means a county school facilities fund
established pursuant to Section 17070.43.
   (f) "Department" means the Department of General Services.
   (g) "Fund" means the applicable 1998 State School Facilities Fund,
the 2002 State School Facilities Fund, or the 2004 State School
Facilities Fund, established pursuant to Section 17070.40.
   (h) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
   (i) "Modernization" means any modification of a permanent
structure that is at least 25 years old, or in the case of a portable
classroom, that is at least 20 years old, that will enhance the
ability of the structure to achieve educational purposes.
   (j) "Portable classroom" means a classroom building of one or more
stories that is designed and constructed to be relocatable and
transportable over public streets, and with respect to a single story
portable classroom, is designed and constructed for relocation
without the separation of the roof or floor from the building and
when measured at the most exterior walls, has a floor area not in
excess of 2,000 square feet.
   (k) "Property" includes all property, real, personal or mixed,
tangible or intangible, or any interest therein necessary or
desirable for carrying out the purposes of this chapter.
   (l) "School building capacity" means the capacity of a school
building to house pupils.
   (m) "School district" means a school district or a county office
of education. For purposes of determining eligibility under this
chapter, "school district" may also mean a high school attendance
area.



17070.20.  The Director of General Services shall administer this
chapter and shall provide assistance to the board as it requires.



17070.25.  The department shall first publish applications for
funding under this chapter by November 4, 1998, and shall be prepared
to receive and expeditiously act upon applications on and after that
date.


17070.30.  The State Allocation Board is continued in existence for
the purpose of this chapter. The members of the board and the Members
of the Legislature meeting with the board shall have no compensation
for their services under this chapter, but shall be reimbursed for
their actual and necessary expenses incurred in connection with the
performance of their duties pursuant to this chapter, to be paid as
an administrative expense.



17070.33.  (a) The board shall adopt guidelines for use by districts
by June 30, 1999, to achieve measurable reductions in the costs of
school facilities construction.
   (b) The guidelines shall include, but need not be limited to, all
of the following:
   (1) Mechanisms designed to reduce the costs of professional fees.
   (2) Mechanisms designed to reduce the costs of site preparation.
   (3) Recommendations for the use of alternate cost-saving
construction materials and methods.
   (4) Recommendations regarding the joint use of core facilities.
   (5) Mechanisms designed to reduce costs by incorporating
efficiencies in schoolsite design.
   (6) Recommendations regarding the use of cost-effective, efficient
reusable facility plans.
   (c) If a school district's matching funds include fees charged
pursuant to Section 17620 or pursuant to Section 65995.5 or 65995.7
of the Government Code, or if a district receives funds pursuant to
this chapter, the district shall consider the guidelines developed
pursuant to this section as fully as is practicable.
   (d) When the board adopts the guidelines, it shall not include any
recommendation that would have a significant detrimental effect on
educational programs.



17070.35.  (a) In addition to all other powers and duties as are
granted to the board by this chapter, other statutes, or the
California Constitution, the board shall do all of the following:
   (1) Adopt rules and regulations, pursuant to the rulemaking
provisions of the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, for the administration of this chapter.
However, the board shall have no authority to set the level of the
fees of any architect, structural engineer, or other design
professional on any project. The initial regulations adopted pursuant
to this chapter shall be adopted as emergency regulations, and the
circumstances related to the initial adoption are hereby deemed to
constitute an emergency for this purpose. The initial regulations
adopted pursuant to this chapter shall be adopted by November 4,
1998. If the initial regulations are not adopted by that date, the
board shall report to the Legislature by that date, explaining the
reasons for the delay.
   (2) Establish and publish any procedures and policies in
connection with the administration of this chapter as it deems
necessary.
   (3) Determine the eligibility of school districts to receive
apportionments under this chapter.
   (4) Apportion funds to eligible school districts under this
chapter.
   (b) The board shall review and amend its regulations as necessary
to adjust its administration of this chapter to conform with the act
that amended this section to add this subdivision. Regulations
adopted pursuant to this subdivision shall be adopted by November 5,
2002, and shall be adopted as emergency regulations in accordance
with the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of any emergency
regulation pursuant to this subdivision filed with the Office of
Administrative Law shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health and
safety, or general welfare. Notwithstanding subdivision (e) of
Section 11346.1 of the Government Code, any emergency regulation
adopted pursuant to this section shall remain in effect for no more
than 365 days unless the board has complied with Sections 11346.2 to
11348, inclusive, of the Government Code.



17070.40.  (a) (1) A fund is hereby established in the State
Treasury to be known as the 1998 State School Facilities Fund. All
money in the fund, including any money deposited in that fund from
any source whatsoever, and notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated without regard
to fiscal years for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 1998 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 1998 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 1998 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 1998 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
   (b) (1) A fund is hereby established in the State Treasury to be
known as the 2002 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2002 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2002 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2002 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2002 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
   (c) (1) A fund is hereby established in the State Treasury to be
known as the 2004 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2004 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2004 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2004 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2004 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
   (d) (1) A fund is hereby established in the State Treasury, to be
known as the 2006 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2006 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2006 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2006 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2006 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.



17070.43.  (a) A county school facilities fund is hereby established
in the county treasury within each county for each school district
in the county.
   (b) The board may from time to time authorize the Controller to
transfer any funds that the board may deem necessary from the 1998
State School Facilities Fund, the 2002 State School Facilities Fund,
or the 2004 State School Facilities Fund, as the case may be, to the
corresponding county fund in the county treasury. Interest on all
funds deposited in the county fund shall be retained in that fund.
   (c) Funds may be expended from the county fund by the recipient
school district for qualifying school facilities expenditures set
forth in Sections 17072.35 and 17074.25.



17070.45.  This chapter shall not be construed to change the powers
and duties of the State Department of Education or the Department of
General Services with respect to schoolsites and the construction of
school buildings as contained in Chapter 1 (commencing with Section
17211) and Chapter 3 (commencing with Section 17251) of Part 10.5.




17070.46.  (a) For projects funded under this chapter, the following
state agencies are deemed not to be the lead agency for the purposes
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code):
   (1) The board.
   (2) The Department of General Services.
   (3) The Office of the State Architect.
   (4) The Office of Public School Construction.
   (5) The State Department of Education, except as appropriate for
projects relating to the California School for the Deaf and the
California School for the Blind.
   (b) This section is declaratory of existing law.



17070.50.  The board shall not apportion funds to any school
district, unless the applicant school district has certified to the
board that the services of any architect, structural engineer, or
other design professional for any work under the project have been
obtained pursuant to a competitive process that is consistent with
the requirements of Chapter 10 (commencing with Section 4525) of
Division 5 of Title 1 of the Government Code and has obtained the
written approval of the State Department of Education that the site
selection, and the building plans and specifications, comply with the
standards adopted by the department pursuant to subdivisions (b) and
(c), respectively, of Section 17251.



17070.51.  (a) If any certified eligibility or funding application
related information is found to have been falsely certified by school
districts, architects or design professionals, hereinafter referred
to as a material inaccuracy, the Office of Public School Construction
shall notify the board.
   (b) The board shall impose the following penalties if an
apportionment and fund release has been made based upon information
in the project application or related materials that constitutes a
material inaccuracy.
   (1) Pursuant to a repayment schedule approved by the board of no
more than five years, the school district shall repay to the board,
for deposit into the 1998 State School Facilities Fund, the 2002
State School Facilities Fund, or the 2004 State School Facilities
Fund, as the case may be, an amount proportionate to the additional
funding received as a result of the material inaccuracy including
interest at the rate paid on moneys in the Pooled Money Investment
Account or at the highest rate of interest for the most recent issue
of state general obligation bonds as established pursuant to the
Chapter 4 (commencing with Section 16720), of Part 3 of Division 4 of
Title 2 of the Government Code, whichever is greater.
   (2) The board shall prohibit the school district from
self-certifying certain project information for any subsequent
applications for project funding for a period of up to five years
following the date of the finding of a material inaccuracy or until
the district's repayment of the entire amount owed under paragraph
(1). Although a school district that is subject to this paragraph may
not self-certify, the school district shall not be prohibited from
applying for state funding under this chapter. The board shall
establish an alternative method for state or independent
certification of compliance that shall be applicable in these cases.
The process shall include, but shall not be limited to, procedures
for payment by the school district of any increased costs associated
with the alternative certification process.
   (c) For school districts found to have provided material
inaccuracies when a funding apportionment has occurred, but no fund
release has been made, the board shall direct its staff to reduce the
apportionment as necessary to reflect the actual nature of the
project and to disregard the inaccurate information or material, and
paragraph (2) of subdivision (b) shall apply.
   (d) For those school districts found to have provided material
inaccuracies when no funding apportionment or fund release has been
made, the inaccurate information or materials shall not be
considered, and paragraph (2) of subdivision (b) shall apply. The
project may continue if the application, minus the inaccurate
materials, is still complete.


17070.52.  (a) The State Department of Education shall include in
its application for new construction plan approval developed pursuant
to the authority established in Section 17070.50 the following
questions:

   "Does the project include a school that will have a career
technical education component and classroom space to accommodate that
career technical education program  If not, how will the school
district meet the needs for career technical education of pupils
housed by the proposed new school facilities "

   "How is the need for vocational and career technical education
facilities, as required pursuant to Section 17070.955 of the
Education Code, identified "

   (b) The State Department of Education shall maintain the answers
to the questions required by subdivision (a) that have been received
from applicant school districts in a publicly accessible manner and
shall provide a summary of the responses to the Office of Public
School Construction on a quarterly basis. The Office of Public School
Construction shall post each summary on its Web site as soon as
possible after receiving it.


17070.55.  Upon request of any school district, the State Department
of Education shall provide assistance in the evaluation and
utilization of existing school facilities and the justification of
the need for schoolsites, new facilities, and the rehabilitation or
replacement of existing facilities, in accordance with board
regulations.



17070.60.  Funding decisions made by the board shall not, in
themselves, make the board liable for any tort, breach of contract,
or any other action for damages caused by a school district arising
from new construction or modernization by the district. These
contracts include, but are not limited to, contracts between the
school district and its construction contractors, construction
managers, architects, or engineers. The school district shall be
liable for all torts, breaches of contract, or any other actions for
damages caused by the school district.




17070.63.  (a) The total funding provided under this chapter shall
constitute the state's full and final contribution to the project and
for eligibility for state facilities funding represented by the
number of unhoused pupils for which the school district is receiving
the state grant. As a condition of receipt of funds, a school
district shall certify that the grant amount, combined with local
funds, shall be sufficient to complete the school construction
project for which the grant is intended.
   (b) Any funds provided to a school district under any article in
this chapter may not be counted towards the local match for receipt
of funds under any other article in this chapter.
   (c) Any savings achieved by the district's efficient and prudent
expenditure of these funds shall be retained by the district in the
county fund for expenditure by the district for other high priority
capital outlay purposes.



17070.65.  From any moneys in one of the funds established pursuant
to Section 17070.40, as appropriate, and approved for this purpose in
the annual Budget Act, the board shall make available to the
Director of General Services the amounts that the board determines
necessary for the Department of General Services to provide the
assistance, pursuant to this chapter, required pursuant to Section
15504 of the Government Code to facilitate the construction,
modernization, reconstruction, or alteration of, or addition to,
school buildings.


17070.70.  (a) Title, including, but not limited to, any leasehold
interest as set forth in subdivision (c), to all property acquired,
constructed, or improved with funds made available under this chapter
shall be held by the school district to which the board grants the
funds. Title, as defined solely for the purpose of a school district'
s eligibility to receive funds from the board pursuant to this
chapter shall include an order for prejudgment possession issued by a
court in an eminent domain proceeding.
   (b) The applicant school district shall comply with all laws
pertaining to the construction, reconstruction, or alteration of, or
addition to, school buildings.
   (c) Notwithstanding Section 17009.5, construction or modernization
funds made available pursuant to this chapter may be expended upon
property that is leased to the applicant school district only if the
project qualified for and received approval by the board, prior to
November 4, 1998, pursuant to Article 4 (commencing with Section
17055), of Chapter 12.


17070.71.  (a) Notwithstanding subdivision (a) of Section 17070.70,
new construction or modernization funded pursuant to this chapter may
be upon real property leased to the applicant school district if all
of the following conditions are met:
   (1) The property is leased from another governmental entity.
   (2) The term of the lease is for at least 40 years after approval
of the project under this chapter, or the school district has a lease
for at least 25 years on federal property. The board may authorize a
lesser term, of not less than 30 years only if the board finds that
granting an exception to this requirement would be in the state's
best interest.
   (b) The applicant school district, and the facility on leased
land, if any, shall comply with all laws pertaining to the
construction, reconstruction, or alteration of, or addition to,
schoolsites and school buildings.
   (c) Lease costs are not eligible project or site acquisition costs
under this chapter.



17070.73.  (a) A school district may claim the entire pupil
attendance of a charter school that is physically located within its
geographical jurisdiction, within the per-pupil eligibility
calculation in support of a project for school facilities pursuant to
this chapter.
   (b) A school district shall not include the attendance of pupils
attending a charter school that is physically located outside of the
geographical jurisdiction of the school district, within the
per-pupil eligibility calculation in support of an application for a
project pursuant to this chapter.
   (c) The requirements and conditions for funding charter school
facilities in this section and in Article 12 (commencing with Section
17078.50) are intended to regulate only the funding of facilities
under this chapter, and are not intended to expand, narrow, or raise
any inference regarding, the nature or scope of any other law that is
applicable to charter school governance, organization, or operation.
   (d) Subdivisions (a) and (b) apply only to projects funded with
the proceeds of state bonds approved by the voters after January 1,
2002.



17070.75.  (a) The board shall require the school district to make
all necessary repairs, renewals, and replacements to ensure that a
project is at all times maintained in good repair, working order, and
condition. All costs incurred for this purpose shall be borne by the
school district.
   (b) In order to ensure compliance with subdivision (a) and to
encourage school districts to maintain all buildings under their
control, the board shall require an applicant school district to do
all of the following prior to the approval of a project:
   (1) Establish a restricted account within the general fund of the
school district for the exclusive purpose of providing moneys for
ongoing and major maintenance of school buildings, according the
highest priority to funding for the purposes set forth in subdivision
(a).
   (2) (A) Agree to deposit into the account established pursuant to
paragraph (1), in each fiscal year for 20 years after receipt of
funds under this chapter, a minimum amount equal to or greater than 3
percent of the total general fund expenditures of the applicant
school district, including other financing uses, for that fiscal
year. Annual deposits to the account established pursuant to
paragraph (1) in excess of 2 1/2 percent of the school district
general fund budget may count towards the amount of funds required to
be contributed by a school district in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used for
purposes that qualify for funding under that section.
   (B) Notwithstanding subparagraph (A), for the 2004-05 fiscal year
only, an applicant school district shall deposit into the account
established pursuant to paragraph (1), no less than 2 percent of the
total general fund expenditures of the school district, including
other financing uses, for the fiscal year. The annual deposit to the
account in excess of 1 1/2 percent of the school district general
fund budget for the 2004-05 fiscal year may count towards the amount
that a school district is required to contribute in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used for
purposes that qualify for funding under that section.
   (C) A school district contribution to the account may be provided
in lieu of meeting the ongoing maintenance requirements pursuant to
Section 17014 to the extent the funds are used for purposes
established in that section. A school district that serves as the
administrative unit for a special education local plan area may elect
to exclude from its total general fund expenditures, for purposes of
this paragraph, the distribution of revenues that are passed through
to participating members of the special education local plan area.
   (D) This paragraph applies only to the following school districts:
   (i) High school districts with an average daily attendance greater
than 300 pupils.
   (ii) Elementary school districts with an average daily attendance
greater than 900 pupils.
   (iii) Unified school districts with an average daily attendance
greater than 1,200 pupils.
   (3) Certify that it has publicly approved an ongoing and major
maintenance plan that outlines the use of the funds deposited, or to
be deposited, pursuant to paragraph (2). The plan may provide that
the school district need not expend all of its annual allocation for
ongoing and major maintenance in the year in which it is deposited if
the cost of major maintenance requires that the allocation be
carried over into another fiscal year. However, any state funds
carried over into a subsequent year may not be counted toward the
annual minimum contribution by the school district. A plan developed
in compliance with this section shall be deemed to meet the
requirements of Section 17585.
   (c) A school district to which paragraph (2) of subdivision (b)
does not apply shall certify to the board that it can reasonably
maintain its facilities with a lesser level of maintenance.
   (d) For purposes of calculating a county office of education
requirement pursuant to this section, the 3 percent maintenance
requirement shall be based upon the county office of education
general fund less any restricted accounts.
   (e) As a condition of participation in the school facilities
program or the receipt of funds pursuant to Section 17582, for a
fiscal year after the 2004-05 fiscal year, a school district shall
establish a facilities inspection system to ensure that each of its
schools is maintained in good repair.
   (f) For purposes of this section, "good repair" has the same
meaning as specified in subdivision (d) of Section 17002.



17070.755.  A priority for the use of funds in the restricted
account established pursuant to Section 17070.75, shall be to ensure
that facilities, including, but not limited to, restroom facilities
for pupils, are functional and that they meet local hygiene standards
generally applicable to public facilities.



17070.76.  Notwithstanding Section 17070.75, for the 2003-04 fiscal
year, the board shall only require a school district to deposit into
the account established pursuant to paragraph (1) of subdivision (b)
of Section 17070.75 an amount equal to 2 percent of the total
expenditures by a district from its general fund in the 2003-04
fiscal year.



17070.766.  Notwithstanding paragraph (2) of subdivision (b) of
Section 17070.75, for the 2008-09, 2009-10, 2010-11, 2011-12, and
2012-13 fiscal years, the board shall require a school district to
deposit into the account established pursuant to paragraph (1) of
subdivision (b) of Section 17070.75 only an amount equal to 1 percent
of the total expenditures by a district from its general fund in the
2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years
respectively, but if the school district maintains its facilities in
good repair, as defined in Section 17002, it shall be exempt from
this 1 percent requirement. A school district may elect to deposit
into the account an amount that is greater than the amount required
by the board pursuant to this section.



17070.77.  (a) For each project funded after January 1, 2002, the
board shall require the applicant school district governing board to
certify, as part of the school district's annual budget process and
beginning in the fiscal year in which the project is funded by the
state, that it is in compliance with the plan adopted pursuant to
paragraph (3) of subdivision (b) of Section 17070.75 for completing
major maintenance requirements for the project.
   (b) For purposes of this chapter, the term "major maintenance"
means all actions necessary to keep roofing, siding, painting, floor
and window coverings, fixtures, cabinets, heating and cooling
systems, landscaping, fences, and other items designated by the
governing board of the school district in good repair.
   (c) The board shall require the school district's governing board
to certify that the plan includes and is being implemented with all
of the following components:
   (1) Identification of the major maintenance needs for the project.
   (2) Specification of a schedule for completing the major
maintenance.
   (3) Specification of a current cost estimate for the scheduled
major maintenance needs.
   (4) Specification of the school district's schedule for funding a
reserve to pay for the scheduled major maintenance needs.
   (5) Review of the plan annually, as a part of the school district'
s annual budget process, and update, as needed, the major maintenance
needs, the estimates of expected costs, and any adjustments in
funding the reserve.
   (6) Availability for public inspection of the original plan, and
all updated versions of the plan, at the office of the superintendent
of the school district during the working hours of the school
district.
   (7) Provision in the school district's annual budget for the
reserve that contains the total funding available for scheduled major
maintenance needs as specified in the updated plan, and an
explanation if this amount of the reserve is less than that specified
in the updated plan.



17070.80.  (a) All school facilities purchased or newly constructed
pursuant to this chapter for use, in whole or in part, by pupils who
are individuals with exceptional needs, as defined in Section 56026,
shall be designed and located on the schoolsite so as to maximize
interaction between those individuals with exceptional needs and
other pupils as appropriate to the needs of both.
   (b) The governing board of each applicant school district and the
county office of education shall ensure that school facilities for
pupils who are individuals with exceptional needs are integrated with
other school facilities.
   (c) The State Allocation Board, after consultation with the State
Department of Education and representatives from county offices of
education, special education services regions, and school districts,
shall develop and adopt any regulations necessary to implement this
section.
   (d) Notwithstanding any other provision of law, the requirement
set forth in subdivision (a) may be waived, by the Superintendent of
Public Instruction, only upon compliance with the following
procedure:
   (1) The applicant school district or county superintendent of
schools shall file a written request for waiver that documents the
reasons for its inability to comply with the requirement.
   (2) The State Department of Education shall verify the reasons set
forth pursuant to paragraph (1), including the documentation
submitted, which verification shall be completed no later than 30
days after the filing of the request for waiver with the
Superintendent of Public Instruction.
   (3) The Advisory Commission on Special Education, as established
under Section 33590, at its first scheduled meeting following the
verification conducted pursuant to paragraph (2), shall review the
request for waiver, accompanying documentation, and the verification
findings of the State Department of Education. No later than 15 days
following the date of that meeting, the commission shall submit its
written comments and recommendations regarding the request for waiver
to the Superintendent of Public Instruction.
   (4) The Superintendent of Public Instruction shall review the
comments and recommendations submitted by the Advisory Commission on
Special Education prior to approving or rejecting the request for
waiver.
   (5) Any request for waiver, submitted in accordance with this
section, that is not rejected within 60 days of its receipt by the
State Department of Education, shall be deemed approved.



17070.85.  Notwithstanding any other provision of law, a lien
recorded on school district property that has been imposed pursuant
to Section 16019 or 17030 shall be released on the operative date of
this section. The release shall conclusively protect any third party
relying upon the same, and shall be acknowledged to permit
recordation by the county recorder. On and after November 4, 1998, a
lien may not be imposed pursuant to Section 16019 or Section 17030.



17070.90.  As a part of its application, a school district shall
certify that it has considered the feasibility of the joint use of
land and facilities with other governmental entities in order to
minimize school facilities costs. Funds provided pursuant to this
chapter for growth and modernization may be used for the school
portion of joint-use facilities.



17070.95.  As a part of its application for large construction and
modernization projects, a school district shall certify, in
consultation with the career technical education advisory committee
established pursuant to Section 8070, that it has considered the need
for vocational and career technical facilities to adequately meet
its program needs consistent with Section 51224, subdivision (b) of
Section 51225.3, and Section 52336.1. The board shall adopt
regulations necessary for administration of this section.



17070.955.  In conjunction with an application of a school district
for any construction or modernization project, and as a condition of
the district receiving funds for the project, the career technical
education advisory committee for the district shall provide written
confirmation that the need for vocational and career technical
facilities is being adequately met within the district consistent
with Section 51224, subdivision (b) of Section 51225.3, subdivision
(b) of Section 51228, and Section 52336.1.



17070.96.  As part of its application for funding under this
chapter, a school district shall certify that it has considered the
feasibility of using designs and materials for the construction or
modernization project that promote the efficient use of energy and
water, the maximum use of natural lighting and indoor air quality,
the use of recycled materials and materials that emit a minimum of
toxic substances, the use of acoustics conducive to teaching and
learning, and other characteristics of high performance schools.



17070.97.  The board shall require the school district to insure
against public liability or property damage in connection with any
facility constructed or modernized with an apportionment under this
chapter.


17070.98.  A school district that does not have employees who
possess adequate construction management experience may contract for
the provision of construction management, and may use funds provided
pursuant to Article 4 (commencing with Section 17072.10), Article 5
(commencing with Section 17072.20), and Article 7 (commencing with
Section 17074.10) for the cost of those services as expressly
authorized by Section 17072.35 and Section 17074.25.



17070.99.  (a) The board shall conduct an evaluation on the cost of
new construction and modernization of small high schools in
conjunction with the pilot program established pursuant to
subdivision (c) of Section 17072.10, as it read on January 1, 2005.
   (b) The State Department of Education shall conduct an evaluation
that focuses on pupil outcomes, including, but not limited to,
academic achievement and college attendance rates, at the small high
schools constructed pursuant to subdivision (c) of Section 17072.10,
as it read on January 1, 2005, and on the reasons school districts do
not currently opt to build small high schools.
   (c) The evaluations required pursuant to subdivisions (a) and (b)
shall be completed no later than two years after the opening of the
last small high school constructed pursuant to subdivision (c) of
Section 17072.10, as it read on January 1, 2005.
   (d) The evaluations conducted pursuant to subdivisions (a) and (b)
shall be used to inform the direction of future school facilities
construction and related bond measures.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 17070.10-17070.99

EDUCATION CODE
SECTION 17070.10-17070.99



17070.10.  This chapter shall be known, and may be cited, as the
Leroy F. Greene School Facilities Act of 1998.



17070.15.  The following terms, wherever used or referred to in this
chapter, shall have the following meanings, respectively, unless a
different meaning appears from the context:
   (a) "Apportionment" means a reservation of funds for the purpose
of eligible new construction, modernization, or hardship approved by
the board for an applicant school district.
   (b) "Attendance area" means the geographical area serving an
existing high school and those junior high schools and elementary
schools included therein.
   (c) "Board" means the State Allocation Board as established by
Section 15490 of the Government Code.
   (d) "Committee" means the State School Building Finance Committee
established pursuant to Section 15909.
   (e) "County fund" means a county school facilities fund
established pursuant to Section 17070.43.
   (f) "Department" means the Department of General Services.
   (g) "Fund" means the applicable 1998 State School Facilities Fund,
the 2002 State School Facilities Fund, or the 2004 State School
Facilities Fund, established pursuant to Section 17070.40.
   (h) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
   (i) "Modernization" means any modification of a permanent
structure that is at least 25 years old, or in the case of a portable
classroom, that is at least 20 years old, that will enhance the
ability of the structure to achieve educational purposes.
   (j) "Portable classroom" means a classroom building of one or more
stories that is designed and constructed to be relocatable and
transportable over public streets, and with respect to a single story
portable classroom, is designed and constructed for relocation
without the separation of the roof or floor from the building and
when measured at the most exterior walls, has a floor area not in
excess of 2,000 square feet.
   (k) "Property" includes all property, real, personal or mixed,
tangible or intangible, or any interest therein necessary or
desirable for carrying out the purposes of this chapter.
   (l) "School building capacity" means the capacity of a school
building to house pupils.
   (m) "School district" means a school district or a county office
of education. For purposes of determining eligibility under this
chapter, "school district" may also mean a high school attendance
area.



17070.20.  The Director of General Services shall administer this
chapter and shall provide assistance to the board as it requires.



17070.25.  The department shall first publish applications for
funding under this chapter by November 4, 1998, and shall be prepared
to receive and expeditiously act upon applications on and after that
date.


17070.30.  The State Allocation Board is continued in existence for
the purpose of this chapter. The members of the board and the Members
of the Legislature meeting with the board shall have no compensation
for their services under this chapter, but shall be reimbursed for
their actual and necessary expenses incurred in connection with the
performance of their duties pursuant to this chapter, to be paid as
an administrative expense.



17070.33.  (a) The board shall adopt guidelines for use by districts
by June 30, 1999, to achieve measurable reductions in the costs of
school facilities construction.
   (b) The guidelines shall include, but need not be limited to, all
of the following:
   (1) Mechanisms designed to reduce the costs of professional fees.
   (2) Mechanisms designed to reduce the costs of site preparation.
   (3) Recommendations for the use of alternate cost-saving
construction materials and methods.
   (4) Recommendations regarding the joint use of core facilities.
   (5) Mechanisms designed to reduce costs by incorporating
efficiencies in schoolsite design.
   (6) Recommendations regarding the use of cost-effective, efficient
reusable facility plans.
   (c) If a school district's matching funds include fees charged
pursuant to Section 17620 or pursuant to Section 65995.5 or 65995.7
of the Government Code, or if a district receives funds pursuant to
this chapter, the district shall consider the guidelines developed
pursuant to this section as fully as is practicable.
   (d) When the board adopts the guidelines, it shall not include any
recommendation that would have a significant detrimental effect on
educational programs.



17070.35.  (a) In addition to all other powers and duties as are
granted to the board by this chapter, other statutes, or the
California Constitution, the board shall do all of the following:
   (1) Adopt rules and regulations, pursuant to the rulemaking
provisions of the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, for the administration of this chapter.
However, the board shall have no authority to set the level of the
fees of any architect, structural engineer, or other design
professional on any project. The initial regulations adopted pursuant
to this chapter shall be adopted as emergency regulations, and the
circumstances related to the initial adoption are hereby deemed to
constitute an emergency for this purpose. The initial regulations
adopted pursuant to this chapter shall be adopted by November 4,
1998. If the initial regulations are not adopted by that date, the
board shall report to the Legislature by that date, explaining the
reasons for the delay.
   (2) Establish and publish any procedures and policies in
connection with the administration of this chapter as it deems
necessary.
   (3) Determine the eligibility of school districts to receive
apportionments under this chapter.
   (4) Apportion funds to eligible school districts under this
chapter.
   (b) The board shall review and amend its regulations as necessary
to adjust its administration of this chapter to conform with the act
that amended this section to add this subdivision. Regulations
adopted pursuant to this subdivision shall be adopted by November 5,
2002, and shall be adopted as emergency regulations in accordance
with the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of any emergency
regulation pursuant to this subdivision filed with the Office of
Administrative Law shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health and
safety, or general welfare. Notwithstanding subdivision (e) of
Section 11346.1 of the Government Code, any emergency regulation
adopted pursuant to this section shall remain in effect for no more
than 365 days unless the board has complied with Sections 11346.2 to
11348, inclusive, of the Government Code.



17070.40.  (a) (1) A fund is hereby established in the State
Treasury to be known as the 1998 State School Facilities Fund. All
money in the fund, including any money deposited in that fund from
any source whatsoever, and notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated without regard
to fiscal years for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 1998 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 1998 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 1998 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 1998 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
   (b) (1) A fund is hereby established in the State Treasury to be
known as the 2002 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2002 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2002 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2002 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2002 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
   (c) (1) A fund is hereby established in the State Treasury to be
known as the 2004 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2004 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2004 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2004 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2004 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.
   (d) (1) A fund is hereby established in the State Treasury, to be
known as the 2006 State School Facilities Fund. All money in the
fund, including any money deposited in that fund from any source
whatsoever, and notwithstanding Section 13340 of the Government Code,
is hereby continuously appropriated without regard to fiscal years
for expenditure pursuant to this chapter.
   (2) The board may apportion funds to school districts for the
purposes of this chapter from funds transferred to the 2006 State
School Facilities Fund from any source.
   (3) The board may make apportionments in amounts not exceeding
those funds on deposit in the 2006 State School Facilities Fund, and
any amount of bonds authorized by the committee, but not yet sold by
the Treasurer.
   (4) The board may make disbursements pursuant to any apportionment
made from any funds in the 2006 State School Facilities Fund,
irrespective of whether there exists at the time of the disbursement
an amount in the 2006 State School Facilities Fund sufficient to
permit payment in full of all apportionments previously made.
However, no disbursement shall be made from any funds required by law
to be transferred to the General Fund.



17070.43.  (a) A county school facilities fund is hereby established
in the county treasury within each county for each school district
in the county.
   (b) The board may from time to time authorize the Controller to
transfer any funds that the board may deem necessary from the 1998
State School Facilities Fund, the 2002 State School Facilities Fund,
or the 2004 State School Facilities Fund, as the case may be, to the
corresponding county fund in the county treasury. Interest on all
funds deposited in the county fund shall be retained in that fund.
   (c) Funds may be expended from the county fund by the recipient
school district for qualifying school facilities expenditures set
forth in Sections 17072.35 and 17074.25.



17070.45.  This chapter shall not be construed to change the powers
and duties of the State Department of Education or the Department of
General Services with respect to schoolsites and the construction of
school buildings as contained in Chapter 1 (commencing with Section
17211) and Chapter 3 (commencing with Section 17251) of Part 10.5.




17070.46.  (a) For projects funded under this chapter, the following
state agencies are deemed not to be the lead agency for the purposes
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code):
   (1) The board.
   (2) The Department of General Services.
   (3) The Office of the State Architect.
   (4) The Office of Public School Construction.
   (5) The State Department of Education, except as appropriate for
projects relating to the California School for the Deaf and the
California School for the Blind.
   (b) This section is declaratory of existing law.



17070.50.  The board shall not apportion funds to any school
district, unless the applicant school district has certified to the
board that the services of any architect, structural engineer, or
other design professional for any work under the project have been
obtained pursuant to a competitive process that is consistent with
the requirements of Chapter 10 (commencing with Section 4525) of
Division 5 of Title 1 of the Government Code and has obtained the
written approval of the State Department of Education that the site
selection, and the building plans and specifications, comply with the
standards adopted by the department pursuant to subdivisions (b) and
(c), respectively, of Section 17251.



17070.51.  (a) If any certified eligibility or funding application
related information is found to have been falsely certified by school
districts, architects or design professionals, hereinafter referred
to as a material inaccuracy, the Office of Public School Construction
shall notify the board.
   (b) The board shall impose the following penalties if an
apportionment and fund release has been made based upon information
in the project application or related materials that constitutes a
material inaccuracy.
   (1) Pursuant to a repayment schedule approved by the board of no
more than five years, the school district shall repay to the board,
for deposit into the 1998 State School Facilities Fund, the 2002
State School Facilities Fund, or the 2004 State School Facilities
Fund, as the case may be, an amount proportionate to the additional
funding received as a result of the material inaccuracy including
interest at the rate paid on moneys in the Pooled Money Investment
Account or at the highest rate of interest for the most recent issue
of state general obligation bonds as established pursuant to the
Chapter 4 (commencing with Section 16720), of Part 3 of Division 4 of
Title 2 of the Government Code, whichever is greater.
   (2) The board shall prohibit the school district from
self-certifying certain project information for any subsequent
applications for project funding for a period of up to five years
following the date of the finding of a material inaccuracy or until
the district's repayment of the entire amount owed under paragraph
(1). Although a school district that is subject to this paragraph may
not self-certify, the school district shall not be prohibited from
applying for state funding under this chapter. The board shall
establish an alternative method for state or independent
certification of compliance that shall be applicable in these cases.
The process shall include, but shall not be limited to, procedures
for payment by the school district of any increased costs associated
with the alternative certification process.
   (c) For school districts found to have provided material
inaccuracies when a funding apportionment has occurred, but no fund
release has been made, the board shall direct its staff to reduce the
apportionment as necessary to reflect the actual nature of the
project and to disregard the inaccurate information or material, and
paragraph (2) of subdivision (b) shall apply.
   (d) For those school districts found to have provided material
inaccuracies when no funding apportionment or fund release has been
made, the inaccurate information or materials shall not be
considered, and paragraph (2) of subdivision (b) shall apply. The
project may continue if the application, minus the inaccurate
materials, is still complete.


17070.52.  (a) The State Department of Education shall include in
its application for new construction plan approval developed pursuant
to the authority established in Section 17070.50 the following
questions:

   "Does the project include a school that will have a career
technical education component and classroom space to accommodate that
career technical education program  If not, how will the school
district meet the needs for career technical education of pupils
housed by the proposed new school facilities "

   "How is the need for vocational and career technical education
facilities, as required pursuant to Section 17070.955 of the
Education Code, identified "

   (b) The State Department of Education shall maintain the answers
to the questions required by subdivision (a) that have been received
from applicant school districts in a publicly accessible manner and
shall provide a summary of the responses to the Office of Public
School Construction on a quarterly basis. The Office of Public School
Construction shall post each summary on its Web site as soon as
possible after receiving it.


17070.55.  Upon request of any school district, the State Department
of Education shall provide assistance in the evaluation and
utilization of existing school facilities and the justification of
the need for schoolsites, new facilities, and the rehabilitation or
replacement of existing facilities, in accordance with board
regulations.



17070.60.  Funding decisions made by the board shall not, in
themselves, make the board liable for any tort, breach of contract,
or any other action for damages caused by a school district arising
from new construction or modernization by the district. These
contracts include, but are not limited to, contracts between the
school district and its construction contractors, construction
managers, architects, or engineers. The school district shall be
liable for all torts, breaches of contract, or any other actions for
damages caused by the school district.




17070.63.  (a) The total funding provided under this chapter shall
constitute the state's full and final contribution to the project and
for eligibility for state facilities funding represented by the
number of unhoused pupils for which the school district is receiving
the state grant. As a condition of receipt of funds, a school
district shall certify that the grant amount, combined with local
funds, shall be sufficient to complete the school construction
project for which the grant is intended.
   (b) Any funds provided to a school district under any article in
this chapter may not be counted towards the local match for receipt
of funds under any other article in this chapter.
   (c) Any savings achieved by the district's efficient and prudent
expenditure of these funds shall be retained by the district in the
county fund for expenditure by the district for other high priority
capital outlay purposes.



17070.65.  From any moneys in one of the funds established pursuant
to Section 17070.40, as appropriate, and approved for this purpose in
the annual Budget Act, the board shall make available to the
Director of General Services the amounts that the board determines
necessary for the Department of General Services to provide the
assistance, pursuant to this chapter, required pursuant to Section
15504 of the Government Code to facilitate the construction,
modernization, reconstruction, or alteration of, or addition to,
school buildings.


17070.70.  (a) Title, including, but not limited to, any leasehold
interest as set forth in subdivision (c), to all property acquired,
constructed, or improved with funds made available under this chapter
shall be held by the school district to which the board grants the
funds. Title, as defined solely for the purpose of a school district'
s eligibility to receive funds from the board pursuant to this
chapter shall include an order for prejudgment possession issued by a
court in an eminent domain proceeding.
   (b) The applicant school district shall comply with all laws
pertaining to the construction, reconstruction, or alteration of, or
addition to, school buildings.
   (c) Notwithstanding Section 17009.5, construction or modernization
funds made available pursuant to this chapter may be expended upon
property that is leased to the applicant school district only if the
project qualified for and received approval by the board, prior to
November 4, 1998, pursuant to Article 4 (commencing with Section
17055), of Chapter 12.


17070.71.  (a) Notwithstanding subdivision (a) of Section 17070.70,
new construction or modernization funded pursuant to this chapter may
be upon real property leased to the applicant school district if all
of the following conditions are met:
   (1) The property is leased from another governmental entity.
   (2) The term of the lease is for at least 40 years after approval
of the project under this chapter, or the school district has a lease
for at least 25 years on federal property. The board may authorize a
lesser term, of not less than 30 years only if the board finds that
granting an exception to this requirement would be in the state's
best interest.
   (b) The applicant school district, and the facility on leased
land, if any, shall comply with all laws pertaining to the
construction, reconstruction, or alteration of, or addition to,
schoolsites and school buildings.
   (c) Lease costs are not eligible project or site acquisition costs
under this chapter.



17070.73.  (a) A school district may claim the entire pupil
attendance of a charter school that is physically located within its
geographical jurisdiction, within the per-pupil eligibility
calculation in support of a project for school facilities pursuant to
this chapter.
   (b) A school district shall not include the attendance of pupils
attending a charter school that is physically located outside of the
geographical jurisdiction of the school district, within the
per-pupil eligibility calculation in support of an application for a
project pursuant to this chapter.
   (c) The requirements and conditions for funding charter school
facilities in this section and in Article 12 (commencing with Section
17078.50) are intended to regulate only the funding of facilities
under this chapter, and are not intended to expand, narrow, or raise
any inference regarding, the nature or scope of any other law that is
applicable to charter school governance, organization, or operation.
   (d) Subdivisions (a) and (b) apply only to projects funded with
the proceeds of state bonds approved by the voters after January 1,
2002.



17070.75.  (a) The board shall require the school district to make
all necessary repairs, renewals, and replacements to ensure that a
project is at all times maintained in good repair, working order, and
condition. All costs incurred for this purpose shall be borne by the
school district.
   (b) In order to ensure compliance with subdivision (a) and to
encourage school districts to maintain all buildings under their
control, the board shall require an applicant school district to do
all of the following prior to the approval of a project:
   (1) Establish a restricted account within the general fund of the
school district for the exclusive purpose of providing moneys for
ongoing and major maintenance of school buildings, according the
highest priority to funding for the purposes set forth in subdivision
(a).
   (2) (A) Agree to deposit into the account established pursuant to
paragraph (1), in each fiscal year for 20 years after receipt of
funds under this chapter, a minimum amount equal to or greater than 3
percent of the total general fund expenditures of the applicant
school district, including other financing uses, for that fiscal
year. Annual deposits to the account established pursuant to
paragraph (1) in excess of 2 1/2 percent of the school district
general fund budget may count towards the amount of funds required to
be contributed by a school district in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used for
purposes that qualify for funding under that section.
   (B) Notwithstanding subparagraph (A), for the 2004-05 fiscal year
only, an applicant school district shall deposit into the account
established pursuant to paragraph (1), no less than 2 percent of the
total general fund expenditures of the school district, including
other financing uses, for the fiscal year. The annual deposit to the
account in excess of 1 1/2 percent of the school district general
fund budget for the 2004-05 fiscal year may count towards the amount
that a school district is required to contribute in order to receive
apportionments from the State School Deferred Maintenance Fund
pursuant to Section 17584 to the extent that those funds are used for
purposes that qualify for funding under that section.
   (C) A school district contribution to the account may be provided
in lieu of meeting the ongoing maintenance requirements pursuant to
Section 17014 to the extent the funds are used for purposes
established in that section. A school district that serves as the
administrative unit for a special education local plan area may elect
to exclude from its total general fund expenditures, for purposes of
this paragraph, the distribution of revenues that are passed through
to participating members of the special education local plan area.
   (D) This paragraph applies only to the following school districts:
   (i) High school districts with an average daily attendance greater
than 300 pupils.
   (ii) Elementary school districts with an average daily attendance
greater than 900 pupils.
   (iii) Unified school districts with an average daily attendance
greater than 1,200 pupils.
   (3) Certify that it has publicly approved an ongoing and major
maintenance plan that outlines the use of the funds deposited, or to
be deposited, pursuant to paragraph (2). The plan may provide that
the school district need not expend all of its annual allocation for
ongoing and major maintenance in the year in which it is deposited if
the cost of major maintenance requires that the allocation be
carried over into another fiscal year. However, any state funds
carried over into a subsequent year may not be counted toward the
annual minimum contribution by the school district. A plan developed
in compliance with this section shall be deemed to meet the
requirements of Section 17585.
   (c) A school district to which paragraph (2) of subdivision (b)
does not apply shall certify to the board that it can reasonably
maintain its facilities with a lesser level of maintenance.
   (d) For purposes of calculating a county office of education
requirement pursuant to this section, the 3 percent maintenance
requirement shall be based upon the county office of education
general fund less any restricted accounts.
   (e) As a condition of participation in the school facilities
program or the receipt of funds pursuant to Section 17582, for a
fiscal year after the 2004-05 fiscal year, a school district shall
establish a facilities inspection system to ensure that each of its
schools is maintained in good repair.
   (f) For purposes of this section, "good repair" has the same
meaning as specified in subdivision (d) of Section 17002.



17070.755.  A priority for the use of funds in the restricted
account established pursuant to Section 17070.75, shall be to ensure
that facilities, including, but not limited to, restroom facilities
for pupils, are functional and that they meet local hygiene standards
generally applicable to public facilities.



17070.76.  Notwithstanding Section 17070.75, for the 2003-04 fiscal
year, the board shall only require a school district to deposit into
the account established pursuant to paragraph (1) of subdivision (b)
of Section 17070.75 an amount equal to 2 percent of the total
expenditures by a district from its general fund in the 2003-04
fiscal year.



17070.766.  Notwithstanding paragraph (2) of subdivision (b) of
Section 17070.75, for the 2008-09, 2009-10, 2010-11, 2011-12, and
2012-13 fiscal years, the board shall require a school district to
deposit into the account established pursuant to paragraph (1) of
subdivision (b) of Section 17070.75 only an amount equal to 1 percent
of the total expenditures by a district from its general fund in the
2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years
respectively, but if the school district maintains its facilities in
good repair, as defined in Section 17002, it shall be exempt from
this 1 percent requirement. A school district may elect to deposit
into the account an amount that is greater than the amount required
by the board pursuant to this section.



17070.77.  (a) For each project funded after January 1, 2002, the
board shall require the applicant school district governing board to
certify, as part of the school district's annual budget process and
beginning in the fiscal year in which the project is funded by the
state, that it is in compliance with the plan adopted pursuant to
paragraph (3) of subdivision (b) of Section 17070.75 for completing
major maintenance requirements for the project.
   (b) For purposes of this chapter, the term "major maintenance"
means all actions necessary to keep roofing, siding, painting, floor
and window coverings, fixtures, cabinets, heating and cooling
systems, landscaping, fences, and other items designated by the
governing board of the school district in good repair.
   (c) The board shall require the school district's governing board
to certify that the plan includes and is being implemented with all
of the following components:
   (1) Identification of the major maintenance needs for the project.
   (2) Specification of a schedule for completing the major
maintenance.
   (3) Specification of a current cost estimate for the scheduled
major maintenance needs.
   (4) Specification of the school district's schedule for funding a
reserve to pay for the scheduled major maintenance needs.
   (5) Review of the plan annually, as a part of the school district'
s annual budget process, and update, as needed, the major maintenance
needs, the estimates of expected costs, and any adjustments in
funding the reserve.
   (6) Availability for public inspection of the original plan, and
all updated versions of the plan, at the office of the superintendent
of the school district during the working hours of the school
district.
   (7) Provision in the school district's annual budget for the
reserve that contains the total funding available for scheduled major
maintenance needs as specified in the updated plan, and an
explanation if this amount of the reserve is less than that specified
in the updated plan.



17070.80.  (a) All school facilities purchased or newly constructed
pursuant to this chapter for use, in whole or in part, by pupils who
are individuals with exceptional needs, as defined in Section 56026,
shall be designed and located on the schoolsite so as to maximize
interaction between those individuals with exceptional needs and
other pupils as appropriate to the needs of both.
   (b) The governing board of each applicant school district and the
county office of education shall ensure that school facilities for
pupils who are individuals with exceptional needs are integrated with
other school facilities.
   (c) The State Allocation Board, after consultation with the State
Department of Education and representatives from county offices of
education, special education services regions, and school districts,
shall develop and adopt any regulations necessary to implement this
section.
   (d) Notwithstanding any other provision of law, the requirement
set forth in subdivision (a) may be waived, by the Superintendent of
Public Instruction, only upon compliance with the following
procedure:
   (1) The applicant school district or county superintendent of
schools shall file a written request for waiver that documents the
reasons for its inability to comply with the requirement.
   (2) The State Department of Education shall verify the reasons set
forth pursuant to paragraph (1), including the documentation
submitted, which verification shall be completed no later than 30
days after the filing of the request for waiver with the
Superintendent of Public Instruction.
   (3) The Advisory Commission on Special Education, as established
under Section 33590, at its first scheduled meeting following the
verification conducted pursuant to paragraph (2), shall review the
request for waiver, accompanying documentation, and the verification
findings of the State Department of Education. No later than 15 days
following the date of that meeting, the commission shall submit its
written comments and recommendations regarding the request for waiver
to the Superintendent of Public Instruction.
   (4) The Superintendent of Public Instruction shall review the
comments and recommendations submitted by the Advisory Commission on
Special Education prior to approving or rejecting the request for
waiver.
   (5) Any request for waiver, submitted in accordance with this
section, that is not rejected within 60 days of its receipt by the
State Department of Education, shall be deemed approved.



17070.85.  Notwithstanding any other provision of law, a lien
recorded on school district property that has been imposed pursuant
to Section 16019 or 17030 shall be released on the operative date of
this section. The release shall conclusively protect any third party
relying upon the same, and shall be acknowledged to permit
recordation by the county recorder. On and after November 4, 1998, a
lien may not be imposed pursuant to Section 16019 or Section 17030.



17070.90.  As a part of its application, a school district shall
certify that it has considered the feasibility of the joint use of
land and facilities with other governmental entities in order to
minimize school facilities costs. Funds provided pursuant to this
chapter for growth and modernization may be used for the school
portion of joint-use facilities.



17070.95.  As a part of its application for large construction and
modernization projects, a school district shall certify, in
consultation with the career technical education advisory committee
established pursuant to Section 8070, that it has considered the need
for vocational and career technical facilities to adequately meet
its program needs consistent with Section 51224, subdivision (b) of
Section 51225.3, and Section 52336.1. The board shall adopt
regulations necessary for administration of this section.



17070.955.  In conjunction with an application of a school district
for any construction or modernization project, and as a condition of
the district receiving funds for the project, the career technical
education advisory committee for the district shall provide written
confirmation that the need for vocational and career technical
facilities is being adequately met within the district consistent
with Section 51224, subdivision (b) of Section 51225.3, subdivision
(b) of Section 51228, and Section 52336.1.



17070.96.  As part of its application for funding under this
chapter, a school district shall certify that it has considered the
feasibility of using designs and materials for the construction or
modernization project that promote the efficient use of energy and
water, the maximum use of natural lighting and indoor air quality,
the use of recycled materials and materials that emit a minimum of
toxic substances, the use of acoustics conducive to teaching and
learning, and other characteristics of high performance schools.



17070.97.  The board shall require the school district to insure
against public liability or property damage in connection with any
facility constructed or modernized with an apportionment under this
chapter.


17070.98.  A school district that does not have employees who
possess adequate construction management experience may contract for
the provision of construction management, and may use funds provided
pursuant to Article 4 (commencing with Section 17072.10), Article 5
(commencing with Section 17072.20), and Article 7 (commencing with
Section 17074.10) for the cost of those services as expressly
authorized by Section 17072.35 and Section 17074.25.



17070.99.  (a) The board shall conduct an evaluation on the cost of
new construction and modernization of small high schools in
conjunction with the pilot program established pursuant to
subdivision (c) of Section 17072.10, as it read on January 1, 2005.
   (b) The State Department of Education shall conduct an evaluation
that focuses on pupil outcomes, including, but not limited to,
academic achievement and college attendance rates, at the small high
schools constructed pursuant to subdivision (c) of Section 17072.10,
as it read on January 1, 2005, and on the reasons school districts do
not currently opt to build small high schools.
   (c) The evaluations required pursuant to subdivisions (a) and (b)
shall be completed no later than two years after the opening of the
last small high school constructed pursuant to subdivision (c) of
Section 17072.10, as it read on January 1, 2005.
   (d) The evaluations conducted pursuant to subdivisions (a) and (b)
shall be used to inform the direction of future school facilities
construction and related bond measures.