17072.10. (a) The board shall determine the maximum total new
construction grant eligibility of an applicant by multiplying the
number of unhoused pupils calculated pursuant to Article 3
(commencing with Section 17071.75) in each school district with an
approved application for new construction, by the per-unhoused-pupil
grant as follows:
(1) Five thousand two hundred dollars ($5,200) for elementary
school pupils.
(2) Five thousand five hundred dollars ($5,500) for middle school
pupils.
(3) Seven thousand two hundred dollars ($7,200) for high school
pupils.
(b) The board annually shall adjust the per-unhoused-pupil
apportionment to reflect construction cost changes, as set forth in
the statewide cost index for class B construction as determined by
the board.
(c) Regulations adopted by the board prior to July 1, 2000, that
adjust the amounts identified in this section for qualifying
individuals with exceptional needs, as defined in Section 56026, as
amended after July 1, 2000, in consideration of the recommendations
provided pursuant to Section 17072.15, shall continue in effect. An
increase made to the per-unhoused-pupil grant amounts set forth in
subdivision (a), on or after January 1, 2010, including, but not
limited to, those made pursuant to Section 17072.11 on or after
January 1, 2010, also shall be made to the per-unhoused-pupil who is
a qualifying individual with exceptional needs grant amounts
established pursuant to this subdivision. If an increase to the
per-unhoused-pupil grant amounts differentiates among the pupil
groups based on whether the pupils are elementary, middle, or high
school pupils, the Office of Public School Construction shall
recommend to the board, within 60 days of that increase, a
methodology to adjust the per-unhoused-pupil grant amount for pupils
who are qualifying individuals with exceptional needs so that those
adjustments appropriately reflect the increases.
(d) The board may establish a single supplemental
per-unhoused-pupil grant in addition to the amounts specified in
subdivision (a) based on the statewide average marginal difference in
costs in instances where a project requires multilevel school
facilities due to limited acreage. The application of a school
district shall demonstrate that a practical alternative site is not
available.
(e) For a school district having an enrollment of 2,500 or less
for the prior fiscal year, the board may approve a supplemental
apportionment of up to seven thousand five hundred dollars ($7,500)
for any new construction project assistance. The amount of the
supplemental apportionment authorized pursuant to this subdivision
shall be adjusted in 2008 and every year thereafter by an amount
equal to the percentage adjustment for class B construction.
17072.11. (a) All of the following shall apply on and after July 1,
2006:
(1) The per-unhoused-pupil grant eligibility determined under
paragraphs (1) and (2) of subdivision (a) of Section 17072.10 shall
be increased by 7 percent.
(2) The per-unhoused-pupil grant eligibility determined under
paragraph (3) of subdivision (a) of Section 17072.10 shall be
increased by 4 percent.
(3) The board shall conduct an analysis of the relationship
between the per-unhoused-pupil grant eligibility determined under
this article and the per-pupil cost of new school construction for
elementary, middle, and high school pupils.
(b) On or after January 1, 2008, the board shall increase or
decrease the per-unhoused-pupil grant eligibility determined pursuant
to subdivision (a) by amounts it deems necessary to cause the grants
to correspond to costs of new school construction, provided that the
increase in any fiscal year pursuant to this section shall not
exceed 6 percent.
17072.12. (a) In addition to the amount provided in Section
17072.10, the board may provide funding for assistance in site
development and acquisition if all of the following are met:
(1) The amount of the site acquisition and development assistance
does not exceed 50 percent of the cost of site development to the
school district, plus the lesser of the following:
(A) 50 percent of the site cost to the school district.
(B) 50 percent of the appraised value of the site within six
months of the time the complete application is submitted.
(2) The school district certifies that there is no alternative
available site, or that the district plans to sell an available site
in order to use the proceeds of the sale for the purchase of the new
site.
(b) Notwithstanding subdivision (a), the board may provide funding
for assistance in site development and acquisition to a school
district that uses land previously acquired by the school district in
an amount equal to 50 percent of the cost of site development to the
school district, plus 50 percent of the site's appraised value at
the time the application for site acquisition and development is
submitted, provided all of the following are met:
(1) The site was acquired no less than five years prior to the
date the application is submitted.
(2) The site had been productively used by the school district as
other than a schoolsite for the five years immediately preceding the
date the application is submitted.
(3) The board determines that the nonschool function currently
taking place on the site must be discontinued or relocated in order
to utilize the site as a schoolsite.
(c) A school district that receives assistance pursuant to
subdivision (b) shall, within one year after the completion of the
project, certify in writing to the board that the nonschool function
was in fact relocated as set forth in paragraph (4) of subdivision
(b).
(d) Pursuant to subdivision (b), an applicant school district
shall include in its application to the board a cost-benefit analysis
performed by the school district demonstrating how utilizing
existing nonschoolsite district property pursuant to this section
would be a more effective method of solving the school district's
pupil housing problems than any other method of funding under this
chapter. The board shall review and approve the analysis if the board
agrees with the findings and shall consider the analysis and
findings in approving the project pursuant to this section.
17072.13. In addition to the amounts provided pursuant to Sections
17072.10 and 17072.12, the board may provide site acquisition and
hazardous materials evaluation and response action funding for
proposed new schoolsites as follows:
(a) (1) For 50 percent of the cost of the evaluation of hazardous
materials at a site to be acquired by a school district and for 50
percent of the other response action costs of the removal of
hazardous waste or solid waste, the removal of hazardous substances,
or other response action in connection with hazardous substances at
that site. Except as provided in subdivision (b), the funding
provided pursuant to this section may not exceed 50 percent of the
total evaluation and response action costs, including, but not
limited to, the costs of the removal of hazardous waste or solid
waste, the removal of hazardous substances, or other response action,
as determined by the Department of Toxic Substances Control, in
connection with hazardous substances at that site, pursuant to
standards adopted by the board.
(2) For projects eligible for funding under this subdivision, the
total state share of the site acquisition costs, including evaluation
and response action, shall not exceed 50 percent of 1 1/2 times the
appraised value of the uncontaminated site. However, the board may
exceed this maximum for projects that demonstrate circumstances of
extreme need.
(b) (1) The board may provide funding for up to 100 percent of the
cost of the evaluation of hazardous materials at a site to be
acquired by a school district eligible for financial hardship
assistance pursuant to Article 8 (commencing with Section 17075.10)
and for up to 100 percent of the other response action costs for the
site. The funding provided pursuant to this subdivision may not
exceed 100 percent of the total evaluation and response action costs,
including, but not limited to, the costs of the removal of hazardous
waste or solid waste, the removal of hazardous substances, or other
response action, as determined by the Department of Toxic Substances
Control, in connection with hazardous substances at that site,
pursuant to standards adopted by the board.
(2) The board may provide funding pursuant to this subdivision
only if the State Department of Education certifies that the site is
the best available site considering all of the following factors in
relation to other available sites:
(A) The total costs of the project, including, but not limited to,
costs of evaluation and response action.
(B) The desirability of the site, considering its proximity to
pupils and suitability for meeting the educational and safety needs
of the school district.
(C) The time required to fully complete the project in relation to
the current and projected need for school facilities.
(3) For projects eligible for funding under this subdivision, the
total state share of the site acquisition costs, including evaluation
and response action, shall not exceed 100 percent of 1 1/2 times the
appraised value of the uncontaminated site. However, the board may
exceed this maximum for projects that demonstrate circumstances of
extreme need.
(c) A school district with a proposed site that meets the
environmental hardship criteria set forth in paragraph (1) may apply
to the board for site acquisition, including, but not limited to,
evaluation and response action, funding for that site prior to having
construction plans for that site approved by the Division of the
State Architect and State Department of Education.
(1) A project is eligible for environmental hardship site
acquisition funding if both of the following apply:
(A) The preparation and implementation of a response action for
the site, to be approved by the Department of Toxic Substances
Control pursuant to Section 17213, is estimated by the Department of
Toxic Substances Control to take six months or more to complete.
(B) The State Department of Education determines that the site is
the best available alternative site.
(2) The initial site-specific reservation pursuant to this
subdivision shall be for a period of one year. Extension may be
approved in one-year intervals upon demonstration to the State
Allocation Board of progress toward acquisition, including, but not
limited to, evaluation or response, as the case may be. In the event
there is not demonstrable progress, the State Allocation Board shall
have the option of rescinding the reservation.
(3) Environmental hardship site acquisition funds approved by the
State Allocation Board can be used only for the site identified in
the response action approved by the Department of Toxic Substances
Control.
(4) The date that the State Allocation Board approves the
environmental hardship site acquisition funding will become the State
Allocation Board approval date for the project's construction
funding for that site.
(5) A school district may apply to the State Allocation Board for
construction funding for the environmental hardship site when the
project has received final Division of the State Architect plan
approval and final State Department of Education site and plan
approval.
(d) The cost incurred by the school districts when complying with
any requirement identified in this section are allowable costs for
purposes of an applicant under this chapter and may be reimbursed in
accordance with this section.
(e) The State Allocation Board shall develop regulations that
allow school districts with financial hardship site acquisition,
including, but not limited to, evaluation and response action,
funding prior to ownership of the site or evidence that the site is
in escrow.
17072.14. Notwithstanding Section 17070.63, the board may allow
adjustments to a new construction grant if, as a result of additional
requirements imposed by the Department of Toxic Substances Control,
the actual amount paid by a school district for allowable costs of
hazardous materials evaluation and removal, including associated
fees, exceeds the amount of the grant apportionment for those
purposes. The combined amount of the initial apportionment for these
purposes and the adjustment pursuant to this section may not exceed
the amount permitted pursuant to Section 17072.13.
17072.15. In conjunction with the State Department of Education and
the Department of Finance, the Legislative Analyst shall review the
method of funding the construction and modernization of school
facilities for special education pupils and the amount provided per
unhoused special education pupil pursuant to Sections 17072.10 and
17074.10. Pursuant to this review, the Legislative Analyst shall
recommend modifications to this method that he or she deems to be
advisable on or before September 1, 1999.
17072.17. In conjunction with the State Department of Education,
the Department of Finance, and the Legislative Analyst, the
Department of General Services shall review the method of funding the
construction and modernization of school facilities for continuation
high school, community day school, county community school, and
county community day school, teaching stations pursuant to Sections
17072.10 and 17074.10. Pursuant to this review, the Director of
General Services shall, by September 1, 2000, recommend modifications
to this method that he or she deems to be advisable.
17072.18. (a) (1) The board may provide evaluation and response
action funding for response costs of the removal of hazardous waste
or solid waste, the removal of hazardous substances, or other
response action in connection with hazardous substances at an
existing schoolsite, in the same manner as provided in Section
17072.13.
(2) Funding as set forth in paragraph (1) may be provided to a
school district that has not applied for, or received, funds from the
board for the acquisition of a new schoolsite, but which has
incurred, or will incur, response costs necessary for the development
of the existing schoolsite, if the school district is otherwise
eligible for funding under this chapter.
(b) A school district may apply for funding pursuant to this
section prior to having construction plans for that site approved by
the Division of the State Architect or by the State Department of
Education if the school district is otherwise eligible for funding
under this chapter.
17072.10. (a) The board shall determine the maximum total new
construction grant eligibility of an applicant by multiplying the
number of unhoused pupils calculated pursuant to Article 3
(commencing with Section 17071.75) in each school district with an
approved application for new construction, by the per-unhoused-pupil
grant as follows:
(1) Five thousand two hundred dollars ($5,200) for elementary
school pupils.
(2) Five thousand five hundred dollars ($5,500) for middle school
pupils.
(3) Seven thousand two hundred dollars ($7,200) for high school
pupils.
(b) The board annually shall adjust the per-unhoused-pupil
apportionment to reflect construction cost changes, as set forth in
the statewide cost index for class B construction as determined by
the board.
(c) Regulations adopted by the board prior to July 1, 2000, that
adjust the amounts identified in this section for qualifying
individuals with exceptional needs, as defined in Section 56026, as
amended after July 1, 2000, in consideration of the recommendations
provided pursuant to Section 17072.15, shall continue in effect. An
increase made to the per-unhoused-pupil grant amounts set forth in
subdivision (a), on or after January 1, 2010, including, but not
limited to, those made pursuant to Section 17072.11 on or after
January 1, 2010, also shall be made to the per-unhoused-pupil who is
a qualifying individual with exceptional needs grant amounts
established pursuant to this subdivision. If an increase to the
per-unhoused-pupil grant amounts differentiates among the pupil
groups based on whether the pupils are elementary, middle, or high
school pupils, the Office of Public School Construction shall
recommend to the board, within 60 days of that increase, a
methodology to adjust the per-unhoused-pupil grant amount for pupils
who are qualifying individuals with exceptional needs so that those
adjustments appropriately reflect the increases.
(d) The board may establish a single supplemental
per-unhoused-pupil grant in addition to the amounts specified in
subdivision (a) based on the statewide average marginal difference in
costs in instances where a project requires multilevel school
facilities due to limited acreage. The application of a school
district shall demonstrate that a practical alternative site is not
available.
(e) For a school district having an enrollment of 2,500 or less
for the prior fiscal year, the board may approve a supplemental
apportionment of up to seven thousand five hundred dollars ($7,500)
for any new construction project assistance. The amount of the
supplemental apportionment authorized pursuant to this subdivision
shall be adjusted in 2008 and every year thereafter by an amount
equal to the percentage adjustment for class B construction.
17072.11. (a) All of the following shall apply on and after July 1,
2006:
(1) The per-unhoused-pupil grant eligibility determined under
paragraphs (1) and (2) of subdivision (a) of Section 17072.10 shall
be increased by 7 percent.
(2) The per-unhoused-pupil grant eligibility determined under
paragraph (3) of subdivision (a) of Section 17072.10 shall be
increased by 4 percent.
(3) The board shall conduct an analysis of the relationship
between the per-unhoused-pupil grant eligibility determined under
this article and the per-pupil cost of new school construction for
elementary, middle, and high school pupils.
(b) On or after January 1, 2008, the board shall increase or
decrease the per-unhoused-pupil grant eligibility determined pursuant
to subdivision (a) by amounts it deems necessary to cause the grants
to correspond to costs of new school construction, provided that the
increase in any fiscal year pursuant to this section shall not
exceed 6 percent.
17072.12. (a) In addition to the amount provided in Section
17072.10, the board may provide funding for assistance in site
development and acquisition if all of the following are met:
(1) The amount of the site acquisition and development assistance
does not exceed 50 percent of the cost of site development to the
school district, plus the lesser of the following:
(A) 50 percent of the site cost to the school district.
(B) 50 percent of the appraised value of the site within six
months of the time the complete application is submitted.
(2) The school district certifies that there is no alternative
available site, or that the district plans to sell an available site
in order to use the proceeds of the sale for the purchase of the new
site.
(b) Notwithstanding subdivision (a), the board may provide funding
for assistance in site development and acquisition to a school
district that uses land previously acquired by the school district in
an amount equal to 50 percent of the cost of site development to the
school district, plus 50 percent of the site's appraised value at
the time the application for site acquisition and development is
submitted, provided all of the following are met:
(1) The site was acquired no less than five years prior to the
date the application is submitted.
(2) The site had been productively used by the school district as
other than a schoolsite for the five years immediately preceding the
date the application is submitted.
(3) The board determines that the nonschool function currently
taking place on the site must be discontinued or relocated in order
to utilize the site as a schoolsite.
(c) A school district that receives assistance pursuant to
subdivision (b) shall, within one year after the completion of the
project, certify in writing to the board that the nonschool function
was in fact relocated as set forth in paragraph (4) of subdivision
(b).
(d) Pursuant to subdivision (b), an applicant school district
shall include in its application to the board a cost-benefit analysis
performed by the school district demonstrating how utilizing
existing nonschoolsite district property pursuant to this section
would be a more effective method of solving the school district's
pupil housing problems than any other method of funding under this
chapter. The board shall review and approve the analysis if the board
agrees with the findings and shall consider the analysis and
findings in approving the project pursuant to this section.
17072.13. In addition to the amounts provided pursuant to Sections
17072.10 and 17072.12, the board may provide site acquisition and
hazardous materials evaluation and response action funding for
proposed new schoolsites as follows:
(a) (1) For 50 percent of the cost of the evaluation of hazardous
materials at a site to be acquired by a school district and for 50
percent of the other response action costs of the removal of
hazardous waste or solid waste, the removal of hazardous substances,
or other response action in connection with hazardous substances at
that site. Except as provided in subdivision (b), the funding
provided pursuant to this section may not exceed 50 percent of the
total evaluation and response action costs, including, but not
limited to, the costs of the removal of hazardous waste or solid
waste, the removal of hazardous substances, or other response action,
as determined by the Department of Toxic Substances Control, in
connection with hazardous substances at that site, pursuant to
standards adopted by the board.
(2) For projects eligible for funding under this subdivision, the
total state share of the site acquisition costs, including evaluation
and response action, shall not exceed 50 percent of 1 1/2 times the
appraised value of the uncontaminated site. However, the board may
exceed this maximum for projects that demonstrate circumstances of
extreme need.
(b) (1) The board may provide funding for up to 100 percent of the
cost of the evaluation of hazardous materials at a site to be
acquired by a school district eligible for financial hardship
assistance pursuant to Article 8 (commencing with Section 17075.10)
and for up to 100 percent of the other response action costs for the
site. The funding provided pursuant to this subdivision may not
exceed 100 percent of the total evaluation and response action costs,
including, but not limited to, the costs of the removal of hazardous
waste or solid waste, the removal of hazardous substances, or other
response action, as determined by the Department of Toxic Substances
Control, in connection with hazardous substances at that site,
pursuant to standards adopted by the board.
(2) The board may provide funding pursuant to this subdivision
only if the State Department of Education certifies that the site is
the best available site considering all of the following factors in
relation to other available sites:
(A) The total costs of the project, including, but not limited to,
costs of evaluation and response action.
(B) The desirability of the site, considering its proximity to
pupils and suitability for meeting the educational and safety needs
of the school district.
(C) The time required to fully complete the project in relation to
the current and projected need for school facilities.
(3) For projects eligible for funding under this subdivision, the
total state share of the site acquisition costs, including evaluation
and response action, shall not exceed 100 percent of 1 1/2 times the
appraised value of the uncontaminated site. However, the board may
exceed this maximum for projects that demonstrate circumstances of
extreme need.
(c) A school district with a proposed site that meets the
environmental hardship criteria set forth in paragraph (1) may apply
to the board for site acquisition, including, but not limited to,
evaluation and response action, funding for that site prior to having
construction plans for that site approved by the Division of the
State Architect and State Department of Education.
(1) A project is eligible for environmental hardship site
acquisition funding if both of the following apply:
(A) The preparation and implementation of a response action for
the site, to be approved by the Department of Toxic Substances
Control pursuant to Section 17213, is estimated by the Department of
Toxic Substances Control to take six months or more to complete.
(B) The State Department of Education determines that the site is
the best available alternative site.
(2) The initial site-specific reservation pursuant to this
subdivision shall be for a period of one year. Extension may be
approved in one-year intervals upon demonstration to the State
Allocation Board of progress toward acquisition, including, but not
limited to, evaluation or response, as the case may be. In the event
there is not demonstrable progress, the State Allocation Board shall
have the option of rescinding the reservation.
(3) Environmental hardship site acquisition funds approved by the
State Allocation Board can be used only for the site identified in
the response action approved by the Department of Toxic Substances
Control.
(4) The date that the State Allocation Board approves the
environmental hardship site acquisition funding will become the State
Allocation Board approval date for the project's construction
funding for that site.
(5) A school district may apply to the State Allocation Board for
construction funding for the environmental hardship site when the
project has received final Division of the State Architect plan
approval and final State Department of Education site and plan
approval.
(d) The cost incurred by the school districts when complying with
any requirement identified in this section are allowable costs for
purposes of an applicant under this chapter and may be reimbursed in
accordance with this section.
(e) The State Allocation Board shall develop regulations that
allow school districts with financial hardship site acquisition,
including, but not limited to, evaluation and response action,
funding prior to ownership of the site or evidence that the site is
in escrow.
17072.14. Notwithstanding Section 17070.63, the board may allow
adjustments to a new construction grant if, as a result of additional
requirements imposed by the Department of Toxic Substances Control,
the actual amount paid by a school district for allowable costs of
hazardous materials evaluation and removal, including associated
fees, exceeds the amount of the grant apportionment for those
purposes. The combined amount of the initial apportionment for these
purposes and the adjustment pursuant to this section may not exceed
the amount permitted pursuant to Section 17072.13.
17072.15. In conjunction with the State Department of Education and
the Department of Finance, the Legislative Analyst shall review the
method of funding the construction and modernization of school
facilities for special education pupils and the amount provided per
unhoused special education pupil pursuant to Sections 17072.10 and
17074.10. Pursuant to this review, the Legislative Analyst shall
recommend modifications to this method that he or she deems to be
advisable on or before September 1, 1999.
17072.17. In conjunction with the State Department of Education,
the Department of Finance, and the Legislative Analyst, the
Department of General Services shall review the method of funding the
construction and modernization of school facilities for continuation
high school, community day school, county community school, and
county community day school, teaching stations pursuant to Sections
17072.10 and 17074.10. Pursuant to this review, the Director of
General Services shall, by September 1, 2000, recommend modifications
to this method that he or she deems to be advisable.
17072.18. (a) (1) The board may provide evaluation and response
action funding for response costs of the removal of hazardous waste
or solid waste, the removal of hazardous substances, or other
response action in connection with hazardous substances at an
existing schoolsite, in the same manner as provided in Section
17072.13.
(2) Funding as set forth in paragraph (1) may be provided to a
school district that has not applied for, or received, funds from the
board for the acquisition of a new schoolsite, but which has
incurred, or will incur, response costs necessary for the development
of the existing schoolsite, if the school district is otherwise
eligible for funding under this chapter.
(b) A school district may apply for funding pursuant to this
section prior to having construction plans for that site approved by
the Division of the State Architect or by the State Department of
Education if the school district is otherwise eligible for funding
under this chapter.
17072.10. (a) The board shall determine the maximum total new
construction grant eligibility of an applicant by multiplying the
number of unhoused pupils calculated pursuant to Article 3
(commencing with Section 17071.75) in each school district with an
approved application for new construction, by the per-unhoused-pupil
grant as follows:
(1) Five thousand two hundred dollars ($5,200) for elementary
school pupils.
(2) Five thousand five hundred dollars ($5,500) for middle school
pupils.
(3) Seven thousand two hundred dollars ($7,200) for high school
pupils.
(b) The board annually shall adjust the per-unhoused-pupil
apportionment to reflect construction cost changes, as set forth in
the statewide cost index for class B construction as determined by
the board.
(c) Regulations adopted by the board prior to July 1, 2000, that
adjust the amounts identified in this section for qualifying
individuals with exceptional needs, as defined in Section 56026, as
amended after July 1, 2000, in consideration of the recommendations
provided pursuant to Section 17072.15, shall continue in effect. An
increase made to the per-unhoused-pupil grant amounts set forth in
subdivision (a), on or after January 1, 2010, including, but not
limited to, those made pursuant to Section 17072.11 on or after
January 1, 2010, also shall be made to the per-unhoused-pupil who is
a qualifying individual with exceptional needs grant amounts
established pursuant to this subdivision. If an increase to the
per-unhoused-pupil grant amounts differentiates among the pupil
groups based on whether the pupils are elementary, middle, or high
school pupils, the Office of Public School Construction shall
recommend to the board, within 60 days of that increase, a
methodology to adjust the per-unhoused-pupil grant amount for pupils
who are qualifying individuals with exceptional needs so that those
adjustments appropriately reflect the increases.
(d) The board may establish a single supplemental
per-unhoused-pupil grant in addition to the amounts specified in
subdivision (a) based on the statewide average marginal difference in
costs in instances where a project requires multilevel school
facilities due to limited acreage. The application of a school
district shall demonstrate that a practical alternative site is not
available.
(e) For a school district having an enrollment of 2,500 or less
for the prior fiscal year, the board may approve a supplemental
apportionment of up to seven thousand five hundred dollars ($7,500)
for any new construction project assistance. The amount of the
supplemental apportionment authorized pursuant to this subdivision
shall be adjusted in 2008 and every year thereafter by an amount
equal to the percentage adjustment for class B construction.
17072.11. (a) All of the following shall apply on and after July 1,
2006:
(1) The per-unhoused-pupil grant eligibility determined under
paragraphs (1) and (2) of subdivision (a) of Section 17072.10 shall
be increased by 7 percent.
(2) The per-unhoused-pupil grant eligibility determined under
paragraph (3) of subdivision (a) of Section 17072.10 shall be
increased by 4 percent.
(3) The board shall conduct an analysis of the relationship
between the per-unhoused-pupil grant eligibility determined under
this article and the per-pupil cost of new school construction for
elementary, middle, and high school pupils.
(b) On or after January 1, 2008, the board shall increase or
decrease the per-unhoused-pupil grant eligibility determined pursuant
to subdivision (a) by amounts it deems necessary to cause the grants
to correspond to costs of new school construction, provided that the
increase in any fiscal year pursuant to this section shall not
exceed 6 percent.
17072.12. (a) In addition to the amount provided in Section
17072.10, the board may provide funding for assistance in site
development and acquisition if all of the following are met:
(1) The amount of the site acquisition and development assistance
does not exceed 50 percent of the cost of site development to the
school district, plus the lesser of the following:
(A) 50 percent of the site cost to the school district.
(B) 50 percent of the appraised value of the site within six
months of the time the complete application is submitted.
(2) The school district certifies that there is no alternative
available site, or that the district plans to sell an available site
in order to use the proceeds of the sale for the purchase of the new
site.
(b) Notwithstanding subdivision (a), the board may provide funding
for assistance in site development and acquisition to a school
district that uses land previously acquired by the school district in
an amount equal to 50 percent of the cost of site development to the
school district, plus 50 percent of the site's appraised value at
the time the application for site acquisition and development is
submitted, provided all of the following are met:
(1) The site was acquired no less than five years prior to the
date the application is submitted.
(2) The site had been productively used by the school district as
other than a schoolsite for the five years immediately preceding the
date the application is submitted.
(3) The board determines that the nonschool function currently
taking place on the site must be discontinued or relocated in order
to utilize the site as a schoolsite.
(c) A school district that receives assistance pursuant to
subdivision (b) shall, within one year after the completion of the
project, certify in writing to the board that the nonschool function
was in fact relocated as set forth in paragraph (4) of subdivision
(b).
(d) Pursuant to subdivision (b), an applicant school district
shall include in its application to the board a cost-benefit analysis
performed by the school district demonstrating how utilizing
existing nonschoolsite district property pursuant to this section
would be a more effective method of solving the school district's
pupil housing problems than any other method of funding under this
chapter. The board shall review and approve the analysis if the board
agrees with the findings and shall consider the analysis and
findings in approving the project pursuant to this section.
17072.13. In addition to the amounts provided pursuant to Sections
17072.10 and 17072.12, the board may provide site acquisition and
hazardous materials evaluation and response action funding for
proposed new schoolsites as follows:
(a) (1) For 50 percent of the cost of the evaluation of hazardous
materials at a site to be acquired by a school district and for 50
percent of the other response action costs of the removal of
hazardous waste or solid waste, the removal of hazardous substances,
or other response action in connection with hazardous substances at
that site. Except as provided in subdivision (b), the funding
provided pursuant to this section may not exceed 50 percent of the
total evaluation and response action costs, including, but not
limited to, the costs of the removal of hazardous waste or solid
waste, the removal of hazardous substances, or other response action,
as determined by the Department of Toxic Substances Control, in
connection with hazardous substances at that site, pursuant to
standards adopted by the board.
(2) For projects eligible for funding under this subdivision, the
total state share of the site acquisition costs, including evaluation
and response action, shall not exceed 50 percent of 1 1/2 times the
appraised value of the uncontaminated site. However, the board may
exceed this maximum for projects that demonstrate circumstances of
extreme need.
(b) (1) The board may provide funding for up to 100 percent of the
cost of the evaluation of hazardous materials at a site to be
acquired by a school district eligible for financial hardship
assistance pursuant to Article 8 (commencing with Section 17075.10)
and for up to 100 percent of the other response action costs for the
site. The funding provided pursuant to this subdivision may not
exceed 100 percent of the total evaluation and response action costs,
including, but not limited to, the costs of the removal of hazardous
waste or solid waste, the removal of hazardous substances, or other
response action, as determined by the Department of Toxic Substances
Control, in connection with hazardous substances at that site,
pursuant to standards adopted by the board.
(2) The board may provide funding pursuant to this subdivision
only if the State Department of Education certifies that the site is
the best available site considering all of the following factors in
relation to other available sites:
(A) The total costs of the project, including, but not limited to,
costs of evaluation and response action.
(B) The desirability of the site, considering its proximity to
pupils and suitability for meeting the educational and safety needs
of the school district.
(C) The time required to fully complete the project in relation to
the current and projected need for school facilities.
(3) For projects eligible for funding under this subdivision, the
total state share of the site acquisition costs, including evaluation
and response action, shall not exceed 100 percent of 1 1/2 times the
appraised value of the uncontaminated site. However, the board may
exceed this maximum for projects that demonstrate circumstances of
extreme need.
(c) A school district with a proposed site that meets the
environmental hardship criteria set forth in paragraph (1) may apply
to the board for site acquisition, including, but not limited to,
evaluation and response action, funding for that site prior to having
construction plans for that site approved by the Division of the
State Architect and State Department of Education.
(1) A project is eligible for environmental hardship site
acquisition funding if both of the following apply:
(A) The preparation and implementation of a response action for
the site, to be approved by the Department of Toxic Substances
Control pursuant to Section 17213, is estimated by the Department of
Toxic Substances Control to take six months or more to complete.
(B) The State Department of Education determines that the site is
the best available alternative site.
(2) The initial site-specific reservation pursuant to this
subdivision shall be for a period of one year. Extension may be
approved in one-year intervals upon demonstration to the State
Allocation Board of progress toward acquisition, including, but not
limited to, evaluation or response, as the case may be. In the event
there is not demonstrable progress, the State Allocation Board shall
have the option of rescinding the reservation.
(3) Environmental hardship site acquisition funds approved by the
State Allocation Board can be used only for the site identified in
the response action approved by the Department of Toxic Substances
Control.
(4) The date that the State Allocation Board approves the
environmental hardship site acquisition funding will become the State
Allocation Board approval date for the project's construction
funding for that site.
(5) A school district may apply to the State Allocation Board for
construction funding for the environmental hardship site when the
project has received final Division of the State Architect plan
approval and final State Department of Education site and plan
approval.
(d) The cost incurred by the school districts when complying with
any requirement identified in this section are allowable costs for
purposes of an applicant under this chapter and may be reimbursed in
accordance with this section.
(e) The State Allocation Board shall develop regulations that
allow school districts with financial hardship site acquisition,
including, but not limited to, evaluation and response action,
funding prior to ownership of the site or evidence that the site is
in escrow.
17072.14. Notwithstanding Section 17070.63, the board may allow
adjustments to a new construction grant if, as a result of additional
requirements imposed by the Department of Toxic Substances Control,
the actual amount paid by a school district for allowable costs of
hazardous materials evaluation and removal, including associated
fees, exceeds the amount of the grant apportionment for those
purposes. The combined amount of the initial apportionment for these
purposes and the adjustment pursuant to this section may not exceed
the amount permitted pursuant to Section 17072.13.
17072.15. In conjunction with the State Department of Education and
the Department of Finance, the Legislative Analyst shall review the
method of funding the construction and modernization of school
facilities for special education pupils and the amount provided per
unhoused special education pupil pursuant to Sections 17072.10 and
17074.10. Pursuant to this review, the Legislative Analyst shall
recommend modifications to this method that he or she deems to be
advisable on or before September 1, 1999.
17072.17. In conjunction with the State Department of Education,
the Department of Finance, and the Legislative Analyst, the
Department of General Services shall review the method of funding the
construction and modernization of school facilities for continuation
high school, community day school, county community school, and
county community day school, teaching stations pursuant to Sections
17072.10 and 17074.10. Pursuant to this review, the Director of
General Services shall, by September 1, 2000, recommend modifications
to this method that he or she deems to be advisable.
17072.18. (a) (1) The board may provide evaluation and response
action funding for response costs of the removal of hazardous waste
or solid waste, the removal of hazardous substances, or other
response action in connection with hazardous substances at an
existing schoolsite, in the same manner as provided in Section
17072.13.
(2) Funding as set forth in paragraph (1) may be provided to a
school district that has not applied for, or received, funds from the
board for the acquisition of a new schoolsite, but which has
incurred, or will incur, response costs necessary for the development
of the existing schoolsite, if the school district is otherwise
eligible for funding under this chapter.
(b) A school district may apply for funding pursuant to this
section prior to having construction plans for that site approved by
the Division of the State Architect or by the State Department of
Education if the school district is otherwise eligible for funding
under this chapter.
