17078.10. (a) There is hereby established the Critically
Overcrowded School Facilities Program to be administered by the
board.
(b) For the purposes of this article, "preliminary application"
means an application for a preliminary apportionment pursuant to this
article.
(c) For the purposes of this article, "preliminary apportionment"
means an apportionment made for eligible applicants with critically
overcrowded schools in advance of full compliance with all of the
application requirements otherwise required for an apportionment
pursuant to this chapter.
(d) For the purposes of this article, "final apportionment" has
the same meaning as "apportionment" as set forth in subdivision (a)
of Section 17070.15.
(e) There is hereby established the 2002 Critically Overcrowded
School Facilities Account within the 2002 State School Facilities
Fund, and the 2004 Critically Overcrowded School Facilities Account
within the 2004 State School Facilities Fund, for the purposes of
this article. Funds reserved for the purposes of this article shall
be placed in those accounts, as appropriate, and shall be available
exclusively for projects eligible under this article until the funds
are made available for other purposes of this chapter pursuant to
Section 17078.30.
17078.15. (a) Unless this article expressly provides otherwise, the
provisions contained in the other articles of this chapter shall
apply with equal force to a project funded under this article. This
article shall control over the provisions of this chapter contained
in other articles only to the extent that this article expressly
conflicts with those provisions.
(b) This article shall apply only to a project that is otherwise
eligible under this chapter and that meets both of the following
criteria:
(1) The project meets the criteria set forth in Section 17078.18.
(2) The project is to be funded from the proceeds of state bonds
approved by the voters at the November 5, 2002, statewide general
election, or the 2004 direct primary election or the 2004 statewide
general election, as the case may be, that were expressly reserved in
the bond act or acts for the purposes set forth in this article.
(c) The state share of project costs and the state
per-unhoused-pupil new construction apportionments for programs
eligible under this article shall be equal to the share and amounts
otherwise provided by the board pursuant to this chapter, including,
but not limited to, any applicable adjustments or supplements
otherwise authorized pursuant to this chapter.
(d) A school district that elects to utilize per-unhoused-pupil
eligibility pursuant to this chapter to support a project pursuant to
this article, shall not simultaneously utilize that same eligibility
to support any other application pursuant to this chapter.
17078.18. Projects funded under this article shall meet all of the
following criteria:
(a) The project is a new construction project to build new pupil
capacity to relieve overcrowding.
(b) The proposed school facility shall be located in the proposed
general location, as set forth in Section 17078.22, of the school or
schools that have the conditions and pupils that establish the
eligibility pursuant to this article as set forth in subdivision (c).
(c) At least 75 percent of the projected pupil occupancy of the
project facilities shall come from a source school or source schools
that have a site pupil population density greater than 115 pupils per
acre in grades kindergarten to six, inclusive, or a site pupil
population density greater than 90 pupils per acre in grades seven to
12, inclusive, as determined by the Superintendent of Public
Instruction using enrollment data from the California Basic
Educational Data System for the 2001-02 school year. For source
schools with grades that include a combination of kindergarten to
six, inclusive, and seven to 12, inclusive, the controlling source
schoolsite pupil population density shall be the one applicable to
the grade levels in which the majority of the pupils are enrolled at
the source school.
17078.20. (a) The board shall disseminate information to school
districts regarding the availability of funding pursuant to this
article and the appropriate deadlines for applications.
(b) Applicants for funding pursuant to this article shall submit
preliminary applications to the board.
(c) The preliminary applications shall be submitted by May 1,
2003, for projects to be funded with the proceeds of bonds approved
by the voters at the November 5, 2002, statewide general election.
(d) Preliminary applications shall be accepted by the board during
the period between 60 days before and 120 days after, the 2004
direct primary election, or the 2004 statewide general election, as
appropriate for projects to be funded with the proceeds of bonds
approved by the voters at the 2004 direct primary election, or the
2004 statewide general election, as appropriate.
(e) If funds are insufficient to fully fund all of the preliminary
applicants, the board shall apportion first to those projects that
would house pupils from source schools with the highest pupil density
levels relative to the State Department of Education standards.
17078.22. (a) The preliminary applications shall do all of the
following:
(1) Establish per-unhoused-pupil eligibility as set forth in
Article 3 (commencing with Section 17071.75).
(2) Identify the unhoused pupil population that the proposed
project will serve by determining the number of pupils to be served
and the likely source school or schools from which the pupils
population will be drawn.
(3) Identify the proposed general location of the needed new
facilities pursuant to any of the following:
(A) Within that portion of the attendance area from which one or
more elementary schools that would be a source of the per-pupil
eligibility for the proposed facility draws its enrollment, or within
a one-mile radius of a source school, or within a one-mile radius of
any one of the source schools if there are more than one, whichever
is greater.
(B) Within the attendance area of a high school, middle school, or
junior high school that would be a source of the per-pupil
eligibility for the proposed facility or within a three-mile radius
of a source school, or within a three-mile radius of any one of the
source schools if there are more than one, whichever is greater.
(4) Estimate the total facility cost on a per-pupil basis and
estimate the total site acquisition and development costs pursuant to
the regulations adopted pursuant to subdivision (c) of Section
17078.24.
(b) The State Department of Education may grant a variance from
the distance maximums set forth in paragraph (3) of subdivision (a)
if the school district demonstrates to the satisfaction of the
department that the variance is necessary in order to adequately
provide facilities for the identified source school pupils.
17078.24. (a) On the basis of the preliminary application and upon
confirmation by the board of the applicant's eligibility, the board
shall in a timely manner make a preliminary apportionment for
applicants under this article exclusively from funds reserved
expressly for the purposes of this article.
(b) Preliminary apportionments for site development and
acquisition included in the preliminary application pursuant to
subdivision (a) of Section 17078.22 shall be based either on the
preliminary appraisal, if available, or on the median costs of
appropriately sized parcels within the qualifying area, as determined
by the board.
(c) Preliminary apportionments shall include the total estimated
state costs of the project, including, but not limited to, site
acquisition and development costs related to evaluations and
elimination of hazardous materials, an inflation factor, any
applicable excess cost allowances, and hardship costs, if any. The
board shall adopt regulations establishing standards and methods for
setting these costs and for making related estimates.
17078.25. (a) Within the maximum time period set forth in Section
17078.30, the applicant shall have a period of up to four years from
the date of the preliminary apportionment in which to complete the
application for final apportionment.
(b) The applicant may request a single one-year extension of the
period set forth in subdivision (a). The board shall grant the
request for the single one-year extension if it determines that the
applicant has made substantial progress towards completing the
requirements for filing an application for final apportionment. The
board may grant only one one-year extension for the project and may
only grant the extension if granting the extension would not, in
total, cause the project to exceed the maximum time period set forth
in Section 17078.30.
(c) The board shall adopt regulations setting forth standards for
determining the existence of substantial progress within the meaning
of subdivision (b).
(d) The governing board of a school district shall report annually
to the State Allocation Board regarding the progress made toward
completing the requirements for filing an application for final
apportionment, and shall annually hold, at a regularly scheduled
meeting of the governing board, a public hearing pursuant to the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of
Division 2 of Title 5 of the Government Code) to discuss, and to
receive public comment regarding, the report.
(e) In its first annual report the governing board of the school
district shall certify that the State Department of Education has
determined in writing that there is at least one approvable site
within the proposed general location of the proposed facility
identified pursuant to paragraph (3) of subdivision (a) of Section
17078.22, or within the variance location authorized pursuant to
subdivision (b) of Section 17078.22.
(f) If the applicant for the one-year extension pursuant to
subdivision (b) has not made substantial progress to complete the
application process within the allotted time period, the preliminary
apportionment shall be rescinded and shall be utilized by the board
for funding of other projects that have received a preliminary
apportionment pursuant to this article, or at the expiration of the
maximum time allowed pursuant to Section 17078.30, the board shall
use the funds for any other new construction purpose of this chapter.
17078.27. (a) Upon completion of the preliminary process authorized
pursuant to this article, and when a preliminary applicant has
complied with the conditions set forth in this chapter for a final
apportionment, including, but not limited to, Section 17070.50, the
board shall adjust the preliminary apportionment as set forth in
subdivision (b) and as necessary to reflect the current eligible
grant amounts for final apportionments pursuant to this chapter
consistent with regulations adopted pursuant to subdivision (c) of
Section 17078.24. The board shall then convert the adjusted
preliminary apportionment to a final apportionment and proceed to
completion of the project in the same manner as for any project
funded under provisions of this chapter other than this article.
(b) The board may adjust for cost increases only if uncommitted
funds reserved expressly for the purposes of this article remain
available for those purposes.
(c) For purposes of calculating enrollment to determine
eligibility for a final apportionment for a project funded from the
Kindergarten-University Public Education Facilities Bond Act of 2002,
as set forth in Part 68.1 (commencing with Section 100600), and the
Kindergarten-University Public Education Facilities Bond Act of 2004,
as set forth in Part 68.2 (commencing with Section 100800), an
applicant may use one of the following methods as an alternative to
the method provided in subdivision (a) of Section 17071.75:
(1) The current year enrollment as recorded on the cohort survival
enrollment projection system described in subdivision (a) of Section
17071.75, for the year in which the application for the final
apportionment is submitted.
(2) (A) If eligibility for the preliminary apportionment was
calculated pursuant to Section 17071.76, the current year or
five-year projected enrollment as recorded on a cohort survival
enrollment projection system, developed and approved by the board,
that uses pupil residence in the high school attendance area, for the
year in which the application for the final apportionment is
submitted.
(B) A school district that uses the method described in this
paragraph to calculate enrollment shall also use this method to
calculate enrollment for all applications it submits for final
apportionments for projects for which preliminary apportionments were
approved from the same bond authorization.
17078.30. (a) (1) A portion of the funds reserved for the purposes
set forth in this article from the proceeds of state bonds approved
by the voters at the November 5, 2002, statewide general election
that are not included in a preliminary apportionment for an
application that is received by the deadline specified in subdivision
(c) of Section 17078.20 shall thereafter be available to the board
for apportionment for any new construction purpose under any other
article of this chapter.
(2) The amount of funds that shall be made available to the board
for purposes other than this article, pursuant to this subdivision,
shall be calculated as follows:
(A) Add the total amount preliminarily apportioned to 15 percent
of that amount.
(B) Take the number calculated pursuant to subparagraph (A) and
subtract that number from the amount originally reserved for the
purposes of this article.
(C) The number calculated pursuant to subparagraph (B) shall
thereafter be available to the board for any new construction purpose
under any other article of this chapter.
(3) All funds reserved for the purposes set forth in this article
from the proceeds of state bonds approved by the voters at the
November 5, 2002, statewide general election pursuant to a
preliminary apportionment that are not included within a final
apportionment within the timeframes permitted by Section 17078.25
shall thereafter be available to the board for apportionment for any
new construction purpose under any other article of this chapter.
(b) (1) A portion of the funds reserved for the purposes set forth
in this article from the proceeds of state bonds approved by the
voters at the 2004 direct primary election, or the 2004 statewide
general election, as appropriate, that are not included in a
preliminary apportionment for an application that is received by the
deadline specified in subdivision (d) of Section 17078.20 shall
thereafter be available to the board for apportionment for any new
construction purpose under any other article of this chapter.
(2) The amount of funds that shall be made available to the board
for purposes other than this article, pursuant to this subdivision,
shall be calculated as follows:
(A) Add the total amount preliminarily apportioned to 15 percent
of that amount.
(B) Take the number calculated pursuant to subparagraph (A) and
subtract that number from the amount originally reserved for the
purposes of this article.
(C) The number calculated pursuant to subparagraph (B) shall
thereafter be available to the board for any new construction purpose
under any other article of this chapter.
(3) All funds reserved for the purposes set forth in this article
from the proceeds of state bonds approved by the voters at the 2004
direct primary election, or the 2004 statewide general election, as
appropriate, pursuant to a preliminary apportionment that are not
included within a final apportionment within the timeframes permitted
by Section 17078.25 shall thereafter be available to the board for
apportionment for any new construction purpose under any other
article of this chapter.
17078.10. (a) There is hereby established the Critically
Overcrowded School Facilities Program to be administered by the
board.
(b) For the purposes of this article, "preliminary application"
means an application for a preliminary apportionment pursuant to this
article.
(c) For the purposes of this article, "preliminary apportionment"
means an apportionment made for eligible applicants with critically
overcrowded schools in advance of full compliance with all of the
application requirements otherwise required for an apportionment
pursuant to this chapter.
(d) For the purposes of this article, "final apportionment" has
the same meaning as "apportionment" as set forth in subdivision (a)
of Section 17070.15.
(e) There is hereby established the 2002 Critically Overcrowded
School Facilities Account within the 2002 State School Facilities
Fund, and the 2004 Critically Overcrowded School Facilities Account
within the 2004 State School Facilities Fund, for the purposes of
this article. Funds reserved for the purposes of this article shall
be placed in those accounts, as appropriate, and shall be available
exclusively for projects eligible under this article until the funds
are made available for other purposes of this chapter pursuant to
Section 17078.30.
17078.15. (a) Unless this article expressly provides otherwise, the
provisions contained in the other articles of this chapter shall
apply with equal force to a project funded under this article. This
article shall control over the provisions of this chapter contained
in other articles only to the extent that this article expressly
conflicts with those provisions.
(b) This article shall apply only to a project that is otherwise
eligible under this chapter and that meets both of the following
criteria:
(1) The project meets the criteria set forth in Section 17078.18.
(2) The project is to be funded from the proceeds of state bonds
approved by the voters at the November 5, 2002, statewide general
election, or the 2004 direct primary election or the 2004 statewide
general election, as the case may be, that were expressly reserved in
the bond act or acts for the purposes set forth in this article.
(c) The state share of project costs and the state
per-unhoused-pupil new construction apportionments for programs
eligible under this article shall be equal to the share and amounts
otherwise provided by the board pursuant to this chapter, including,
but not limited to, any applicable adjustments or supplements
otherwise authorized pursuant to this chapter.
(d) A school district that elects to utilize per-unhoused-pupil
eligibility pursuant to this chapter to support a project pursuant to
this article, shall not simultaneously utilize that same eligibility
to support any other application pursuant to this chapter.
17078.18. Projects funded under this article shall meet all of the
following criteria:
(a) The project is a new construction project to build new pupil
capacity to relieve overcrowding.
(b) The proposed school facility shall be located in the proposed
general location, as set forth in Section 17078.22, of the school or
schools that have the conditions and pupils that establish the
eligibility pursuant to this article as set forth in subdivision (c).
(c) At least 75 percent of the projected pupil occupancy of the
project facilities shall come from a source school or source schools
that have a site pupil population density greater than 115 pupils per
acre in grades kindergarten to six, inclusive, or a site pupil
population density greater than 90 pupils per acre in grades seven to
12, inclusive, as determined by the Superintendent of Public
Instruction using enrollment data from the California Basic
Educational Data System for the 2001-02 school year. For source
schools with grades that include a combination of kindergarten to
six, inclusive, and seven to 12, inclusive, the controlling source
schoolsite pupil population density shall be the one applicable to
the grade levels in which the majority of the pupils are enrolled at
the source school.
17078.20. (a) The board shall disseminate information to school
districts regarding the availability of funding pursuant to this
article and the appropriate deadlines for applications.
(b) Applicants for funding pursuant to this article shall submit
preliminary applications to the board.
(c) The preliminary applications shall be submitted by May 1,
2003, for projects to be funded with the proceeds of bonds approved
by the voters at the November 5, 2002, statewide general election.
(d) Preliminary applications shall be accepted by the board during
the period between 60 days before and 120 days after, the 2004
direct primary election, or the 2004 statewide general election, as
appropriate for projects to be funded with the proceeds of bonds
approved by the voters at the 2004 direct primary election, or the
2004 statewide general election, as appropriate.
(e) If funds are insufficient to fully fund all of the preliminary
applicants, the board shall apportion first to those projects that
would house pupils from source schools with the highest pupil density
levels relative to the State Department of Education standards.
17078.22. (a) The preliminary applications shall do all of the
following:
(1) Establish per-unhoused-pupil eligibility as set forth in
Article 3 (commencing with Section 17071.75).
(2) Identify the unhoused pupil population that the proposed
project will serve by determining the number of pupils to be served
and the likely source school or schools from which the pupils
population will be drawn.
(3) Identify the proposed general location of the needed new
facilities pursuant to any of the following:
(A) Within that portion of the attendance area from which one or
more elementary schools that would be a source of the per-pupil
eligibility for the proposed facility draws its enrollment, or within
a one-mile radius of a source school, or within a one-mile radius of
any one of the source schools if there are more than one, whichever
is greater.
(B) Within the attendance area of a high school, middle school, or
junior high school that would be a source of the per-pupil
eligibility for the proposed facility or within a three-mile radius
of a source school, or within a three-mile radius of any one of the
source schools if there are more than one, whichever is greater.
(4) Estimate the total facility cost on a per-pupil basis and
estimate the total site acquisition and development costs pursuant to
the regulations adopted pursuant to subdivision (c) of Section
17078.24.
(b) The State Department of Education may grant a variance from
the distance maximums set forth in paragraph (3) of subdivision (a)
if the school district demonstrates to the satisfaction of the
department that the variance is necessary in order to adequately
provide facilities for the identified source school pupils.
17078.24. (a) On the basis of the preliminary application and upon
confirmation by the board of the applicant's eligibility, the board
shall in a timely manner make a preliminary apportionment for
applicants under this article exclusively from funds reserved
expressly for the purposes of this article.
(b) Preliminary apportionments for site development and
acquisition included in the preliminary application pursuant to
subdivision (a) of Section 17078.22 shall be based either on the
preliminary appraisal, if available, or on the median costs of
appropriately sized parcels within the qualifying area, as determined
by the board.
(c) Preliminary apportionments shall include the total estimated
state costs of the project, including, but not limited to, site
acquisition and development costs related to evaluations and
elimination of hazardous materials, an inflation factor, any
applicable excess cost allowances, and hardship costs, if any. The
board shall adopt regulations establishing standards and methods for
setting these costs and for making related estimates.
17078.25. (a) Within the maximum time period set forth in Section
17078.30, the applicant shall have a period of up to four years from
the date of the preliminary apportionment in which to complete the
application for final apportionment.
(b) The applicant may request a single one-year extension of the
period set forth in subdivision (a). The board shall grant the
request for the single one-year extension if it determines that the
applicant has made substantial progress towards completing the
requirements for filing an application for final apportionment. The
board may grant only one one-year extension for the project and may
only grant the extension if granting the extension would not, in
total, cause the project to exceed the maximum time period set forth
in Section 17078.30.
(c) The board shall adopt regulations setting forth standards for
determining the existence of substantial progress within the meaning
of subdivision (b).
(d) The governing board of a school district shall report annually
to the State Allocation Board regarding the progress made toward
completing the requirements for filing an application for final
apportionment, and shall annually hold, at a regularly scheduled
meeting of the governing board, a public hearing pursuant to the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of
Division 2 of Title 5 of the Government Code) to discuss, and to
receive public comment regarding, the report.
(e) In its first annual report the governing board of the school
district shall certify that the State Department of Education has
determined in writing that there is at least one approvable site
within the proposed general location of the proposed facility
identified pursuant to paragraph (3) of subdivision (a) of Section
17078.22, or within the variance location authorized pursuant to
subdivision (b) of Section 17078.22.
(f) If the applicant for the one-year extension pursuant to
subdivision (b) has not made substantial progress to complete the
application process within the allotted time period, the preliminary
apportionment shall be rescinded and shall be utilized by the board
for funding of other projects that have received a preliminary
apportionment pursuant to this article, or at the expiration of the
maximum time allowed pursuant to Section 17078.30, the board shall
use the funds for any other new construction purpose of this chapter.
17078.27. (a) Upon completion of the preliminary process authorized
pursuant to this article, and when a preliminary applicant has
complied with the conditions set forth in this chapter for a final
apportionment, including, but not limited to, Section 17070.50, the
board shall adjust the preliminary apportionment as set forth in
subdivision (b) and as necessary to reflect the current eligible
grant amounts for final apportionments pursuant to this chapter
consistent with regulations adopted pursuant to subdivision (c) of
Section 17078.24. The board shall then convert the adjusted
preliminary apportionment to a final apportionment and proceed to
completion of the project in the same manner as for any project
funded under provisions of this chapter other than this article.
(b) The board may adjust for cost increases only if uncommitted
funds reserved expressly for the purposes of this article remain
available for those purposes.
(c) For purposes of calculating enrollment to determine
eligibility for a final apportionment for a project funded from the
Kindergarten-University Public Education Facilities Bond Act of 2002,
as set forth in Part 68.1 (commencing with Section 100600), and the
Kindergarten-University Public Education Facilities Bond Act of 2004,
as set forth in Part 68.2 (commencing with Section 100800), an
applicant may use one of the following methods as an alternative to
the method provided in subdivision (a) of Section 17071.75:
(1) The current year enrollment as recorded on the cohort survival
enrollment projection system described in subdivision (a) of Section
17071.75, for the year in which the application for the final
apportionment is submitted.
(2) (A) If eligibility for the preliminary apportionment was
calculated pursuant to Section 17071.76, the current year or
five-year projected enrollment as recorded on a cohort survival
enrollment projection system, developed and approved by the board,
that uses pupil residence in the high school attendance area, for the
year in which the application for the final apportionment is
submitted.
(B) A school district that uses the method described in this
paragraph to calculate enrollment shall also use this method to
calculate enrollment for all applications it submits for final
apportionments for projects for which preliminary apportionments were
approved from the same bond authorization.
17078.30. (a) (1) A portion of the funds reserved for the purposes
set forth in this article from the proceeds of state bonds approved
by the voters at the November 5, 2002, statewide general election
that are not included in a preliminary apportionment for an
application that is received by the deadline specified in subdivision
(c) of Section 17078.20 shall thereafter be available to the board
for apportionment for any new construction purpose under any other
article of this chapter.
(2) The amount of funds that shall be made available to the board
for purposes other than this article, pursuant to this subdivision,
shall be calculated as follows:
(A) Add the total amount preliminarily apportioned to 15 percent
of that amount.
(B) Take the number calculated pursuant to subparagraph (A) and
subtract that number from the amount originally reserved for the
purposes of this article.
(C) The number calculated pursuant to subparagraph (B) shall
thereafter be available to the board for any new construction purpose
under any other article of this chapter.
(3) All funds reserved for the purposes set forth in this article
from the proceeds of state bonds approved by the voters at the
November 5, 2002, statewide general election pursuant to a
preliminary apportionment that are not included within a final
apportionment within the timeframes permitted by Section 17078.25
shall thereafter be available to the board for apportionment for any
new construction purpose under any other article of this chapter.
(b) (1) A portion of the funds reserved for the purposes set forth
in this article from the proceeds of state bonds approved by the
voters at the 2004 direct primary election, or the 2004 statewide
general election, as appropriate, that are not included in a
preliminary apportionment for an application that is received by the
deadline specified in subdivision (d) of Section 17078.20 shall
thereafter be available to the board for apportionment for any new
construction purpose under any other article of this chapter.
(2) The amount of funds that shall be made available to the board
for purposes other than this article, pursuant to this subdivision,
shall be calculated as follows:
(A) Add the total amount preliminarily apportioned to 15 percent
of that amount.
(B) Take the number calculated pursuant to subparagraph (A) and
subtract that number from the amount originally reserved for the
purposes of this article.
(C) The number calculated pursuant to subparagraph (B) shall
thereafter be available to the board for any new construction purpose
under any other article of this chapter.
(3) All funds reserved for the purposes set forth in this article
from the proceeds of state bonds approved by the voters at the 2004
direct primary election, or the 2004 statewide general election, as
appropriate, pursuant to a preliminary apportionment that are not
included within a final apportionment within the timeframes permitted
by Section 17078.25 shall thereafter be available to the board for
apportionment for any new construction purpose under any other
article of this chapter.
17078.10. (a) There is hereby established the Critically
Overcrowded School Facilities Program to be administered by the
board.
(b) For the purposes of this article, "preliminary application"
means an application for a preliminary apportionment pursuant to this
article.
(c) For the purposes of this article, "preliminary apportionment"
means an apportionment made for eligible applicants with critically
overcrowded schools in advance of full compliance with all of the
application requirements otherwise required for an apportionment
pursuant to this chapter.
(d) For the purposes of this article, "final apportionment" has
the same meaning as "apportionment" as set forth in subdivision (a)
of Section 17070.15.
(e) There is hereby established the 2002 Critically Overcrowded
School Facilities Account within the 2002 State School Facilities
Fund, and the 2004 Critically Overcrowded School Facilities Account
within the 2004 State School Facilities Fund, for the purposes of
this article. Funds reserved for the purposes of this article shall
be placed in those accounts, as appropriate, and shall be available
exclusively for projects eligible under this article until the funds
are made available for other purposes of this chapter pursuant to
Section 17078.30.
17078.15. (a) Unless this article expressly provides otherwise, the
provisions contained in the other articles of this chapter shall
apply with equal force to a project funded under this article. This
article shall control over the provisions of this chapter contained
in other articles only to the extent that this article expressly
conflicts with those provisions.
(b) This article shall apply only to a project that is otherwise
eligible under this chapter and that meets both of the following
criteria:
(1) The project meets the criteria set forth in Section 17078.18.
(2) The project is to be funded from the proceeds of state bonds
approved by the voters at the November 5, 2002, statewide general
election, or the 2004 direct primary election or the 2004 statewide
general election, as the case may be, that were expressly reserved in
the bond act or acts for the purposes set forth in this article.
(c) The state share of project costs and the state
per-unhoused-pupil new construction apportionments for programs
eligible under this article shall be equal to the share and amounts
otherwise provided by the board pursuant to this chapter, including,
but not limited to, any applicable adjustments or supplements
otherwise authorized pursuant to this chapter.
(d) A school district that elects to utilize per-unhoused-pupil
eligibility pursuant to this chapter to support a project pursuant to
this article, shall not simultaneously utilize that same eligibility
to support any other application pursuant to this chapter.
17078.18. Projects funded under this article shall meet all of the
following criteria:
(a) The project is a new construction project to build new pupil
capacity to relieve overcrowding.
(b) The proposed school facility shall be located in the proposed
general location, as set forth in Section 17078.22, of the school or
schools that have the conditions and pupils that establish the
eligibility pursuant to this article as set forth in subdivision (c).
(c) At least 75 percent of the projected pupil occupancy of the
project facilities shall come from a source school or source schools
that have a site pupil population density greater than 115 pupils per
acre in grades kindergarten to six, inclusive, or a site pupil
population density greater than 90 pupils per acre in grades seven to
12, inclusive, as determined by the Superintendent of Public
Instruction using enrollment data from the California Basic
Educational Data System for the 2001-02 school year. For source
schools with grades that include a combination of kindergarten to
six, inclusive, and seven to 12, inclusive, the controlling source
schoolsite pupil population density shall be the one applicable to
the grade levels in which the majority of the pupils are enrolled at
the source school.
17078.20. (a) The board shall disseminate information to school
districts regarding the availability of funding pursuant to this
article and the appropriate deadlines for applications.
(b) Applicants for funding pursuant to this article shall submit
preliminary applications to the board.
(c) The preliminary applications shall be submitted by May 1,
2003, for projects to be funded with the proceeds of bonds approved
by the voters at the November 5, 2002, statewide general election.
(d) Preliminary applications shall be accepted by the board during
the period between 60 days before and 120 days after, the 2004
direct primary election, or the 2004 statewide general election, as
appropriate for projects to be funded with the proceeds of bonds
approved by the voters at the 2004 direct primary election, or the
2004 statewide general election, as appropriate.
(e) If funds are insufficient to fully fund all of the preliminary
applicants, the board shall apportion first to those projects that
would house pupils from source schools with the highest pupil density
levels relative to the State Department of Education standards.
17078.22. (a) The preliminary applications shall do all of the
following:
(1) Establish per-unhoused-pupil eligibility as set forth in
Article 3 (commencing with Section 17071.75).
(2) Identify the unhoused pupil population that the proposed
project will serve by determining the number of pupils to be served
and the likely source school or schools from which the pupils
population will be drawn.
(3) Identify the proposed general location of the needed new
facilities pursuant to any of the following:
(A) Within that portion of the attendance area from which one or
more elementary schools that would be a source of the per-pupil
eligibility for the proposed facility draws its enrollment, or within
a one-mile radius of a source school, or within a one-mile radius of
any one of the source schools if there are more than one, whichever
is greater.
(B) Within the attendance area of a high school, middle school, or
junior high school that would be a source of the per-pupil
eligibility for the proposed facility or within a three-mile radius
of a source school, or within a three-mile radius of any one of the
source schools if there are more than one, whichever is greater.
(4) Estimate the total facility cost on a per-pupil basis and
estimate the total site acquisition and development costs pursuant to
the regulations adopted pursuant to subdivision (c) of Section
17078.24.
(b) The State Department of Education may grant a variance from
the distance maximums set forth in paragraph (3) of subdivision (a)
if the school district demonstrates to the satisfaction of the
department that the variance is necessary in order to adequately
provide facilities for the identified source school pupils.
17078.24. (a) On the basis of the preliminary application and upon
confirmation by the board of the applicant's eligibility, the board
shall in a timely manner make a preliminary apportionment for
applicants under this article exclusively from funds reserved
expressly for the purposes of this article.
(b) Preliminary apportionments for site development and
acquisition included in the preliminary application pursuant to
subdivision (a) of Section 17078.22 shall be based either on the
preliminary appraisal, if available, or on the median costs of
appropriately sized parcels within the qualifying area, as determined
by the board.
(c) Preliminary apportionments shall include the total estimated
state costs of the project, including, but not limited to, site
acquisition and development costs related to evaluations and
elimination of hazardous materials, an inflation factor, any
applicable excess cost allowances, and hardship costs, if any. The
board shall adopt regulations establishing standards and methods for
setting these costs and for making related estimates.
17078.25. (a) Within the maximum time period set forth in Section
17078.30, the applicant shall have a period of up to four years from
the date of the preliminary apportionment in which to complete the
application for final apportionment.
(b) The applicant may request a single one-year extension of the
period set forth in subdivision (a). The board shall grant the
request for the single one-year extension if it determines that the
applicant has made substantial progress towards completing the
requirements for filing an application for final apportionment. The
board may grant only one one-year extension for the project and may
only grant the extension if granting the extension would not, in
total, cause the project to exceed the maximum time period set forth
in Section 17078.30.
(c) The board shall adopt regulations setting forth standards for
determining the existence of substantial progress within the meaning
of subdivision (b).
(d) The governing board of a school district shall report annually
to the State Allocation Board regarding the progress made toward
completing the requirements for filing an application for final
apportionment, and shall annually hold, at a regularly scheduled
meeting of the governing board, a public hearing pursuant to the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of
Division 2 of Title 5 of the Government Code) to discuss, and to
receive public comment regarding, the report.
(e) In its first annual report the governing board of the school
district shall certify that the State Department of Education has
determined in writing that there is at least one approvable site
within the proposed general location of the proposed facility
identified pursuant to paragraph (3) of subdivision (a) of Section
17078.22, or within the variance location authorized pursuant to
subdivision (b) of Section 17078.22.
(f) If the applicant for the one-year extension pursuant to
subdivision (b) has not made substantial progress to complete the
application process within the allotted time period, the preliminary
apportionment shall be rescinded and shall be utilized by the board
for funding of other projects that have received a preliminary
apportionment pursuant to this article, or at the expiration of the
maximum time allowed pursuant to Section 17078.30, the board shall
use the funds for any other new construction purpose of this chapter.
17078.27. (a) Upon completion of the preliminary process authorized
pursuant to this article, and when a preliminary applicant has
complied with the conditions set forth in this chapter for a final
apportionment, including, but not limited to, Section 17070.50, the
board shall adjust the preliminary apportionment as set forth in
subdivision (b) and as necessary to reflect the current eligible
grant amounts for final apportionments pursuant to this chapter
consistent with regulations adopted pursuant to subdivision (c) of
Section 17078.24. The board shall then convert the adjusted
preliminary apportionment to a final apportionment and proceed to
completion of the project in the same manner as for any project
funded under provisions of this chapter other than this article.
(b) The board may adjust for cost increases only if uncommitted
funds reserved expressly for the purposes of this article remain
available for those purposes.
(c) For purposes of calculating enrollment to determine
eligibility for a final apportionment for a project funded from the
Kindergarten-University Public Education Facilities Bond Act of 2002,
as set forth in Part 68.1 (commencing with Section 100600), and the
Kindergarten-University Public Education Facilities Bond Act of 2004,
as set forth in Part 68.2 (commencing with Section 100800), an
applicant may use one of the following methods as an alternative to
the method provided in subdivision (a) of Section 17071.75:
(1) The current year enrollment as recorded on the cohort survival
enrollment projection system described in subdivision (a) of Section
17071.75, for the year in which the application for the final
apportionment is submitted.
(2) (A) If eligibility for the preliminary apportionment was
calculated pursuant to Section 17071.76, the current year or
five-year projected enrollment as recorded on a cohort survival
enrollment projection system, developed and approved by the board,
that uses pupil residence in the high school attendance area, for the
year in which the application for the final apportionment is
submitted.
(B) A school district that uses the method described in this
paragraph to calculate enrollment shall also use this method to
calculate enrollment for all applications it submits for final
apportionments for projects for which preliminary apportionments were
approved from the same bond authorization.
17078.30. (a) (1) A portion of the funds reserved for the purposes
set forth in this article from the proceeds of state bonds approved
by the voters at the November 5, 2002, statewide general election
that are not included in a preliminary apportionment for an
application that is received by the deadline specified in subdivision
(c) of Section 17078.20 shall thereafter be available to the board
for apportionment for any new construction purpose under any other
article of this chapter.
(2) The amount of funds that shall be made available to the board
for purposes other than this article, pursuant to this subdivision,
shall be calculated as follows:
(A) Add the total amount preliminarily apportioned to 15 percent
of that amount.
(B) Take the number calculated pursuant to subparagraph (A) and
subtract that number from the amount originally reserved for the
purposes of this article.
(C) The number calculated pursuant to subparagraph (B) shall
thereafter be available to the board for any new construction purpose
under any other article of this chapter.
(3) All funds reserved for the purposes set forth in this article
from the proceeds of state bonds approved by the voters at the
November 5, 2002, statewide general election pursuant to a
preliminary apportionment that are not included within a final
apportionment within the timeframes permitted by Section 17078.25
shall thereafter be available to the board for apportionment for any
new construction purpose under any other article of this chapter.
(b) (1) A portion of the funds reserved for the purposes set forth
in this article from the proceeds of state bonds approved by the
voters at the 2004 direct primary election, or the 2004 statewide
general election, as appropriate, that are not included in a
preliminary apportionment for an application that is received by the
deadline specified in subdivision (d) of Section 17078.20 shall
thereafter be available to the board for apportionment for any new
construction purpose under any other article of this chapter.
(2) The amount of funds that shall be made available to the board
for purposes other than this article, pursuant to this subdivision,
shall be calculated as follows:
(A) Add the total amount preliminarily apportioned to 15 percent
of that amount.
(B) Take the number calculated pursuant to subparagraph (A) and
subtract that number from the amount originally reserved for the
purposes of this article.
(C) The number calculated pursuant to subparagraph (B) shall
thereafter be available to the board for any new construction purpose
under any other article of this chapter.
(3) All funds reserved for the purposes set forth in this article
from the proceeds of state bonds approved by the voters at the 2004
direct primary election, or the 2004 statewide general election, as
appropriate, pursuant to a preliminary apportionment that are not
included within a final apportionment within the timeframes permitted
by Section 17078.25 shall thereafter be available to the board for
apportionment for any new construction purpose under any other
article of this chapter.
