17210. As used in this article, the following terms have the
following meanings:
(a) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(b) "Environmental assessor" means a class II environmental
assessor registered by the Office of Environmental Health Hazard
Assessment pursuant to Chapter 6.98 (commencing with Section 25570)
of Division 20 of the Health and Safety Code, a professional engineer
registered in this state, a geologist registered in this state, a
certified engineering geologist registered in this state, or a
licensed hazardous substance contractor certified pursuant to Chapter
9 (commencing with Section 7000) of Division 3 of the Business and
Professions Code. A licensed hazardous substance contractor shall
hold the equivalent of a degree from an accredited public or private
college or university or from a private postsecondary educational
institution approved by the Bureau for Private Postsecondary and
Vocational Education with at least 60 units in environmental,
biological, chemical, physical, or soil science; engineering;
geology; environmental or public health; or a directly related
science field. In addition, any person who conducts phase I
environmental assessments shall have at least two years' experience
in the preparation of those assessments and any person who conducts a
preliminary endangerment assessment shall have at least three years'
experience in conducting those assessments.
(c) "Handle" has the meaning the term is given in Article 1
(commencing with Section 25500) of Chapter 6.95 of Division 20 of the
Health and Safety Code.
(d) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(e) "Hazardous material" has the meaning the term is given in
subdivision (d) of Section 25260 of the Health and Safety Code.
(f) "Operation and maintenance," "removal action work plan,"
"respond," "response," "response action," and "site" have the
meanings those terms are given in Article 2 (commencing with Section
25310) of the state act.
(g) "Phase I environmental assessment" means a preliminary
assessment of a property to determine whether there has been or may
have been a release of a hazardous material, or whether a naturally
occurring hazardous material is present, based on reasonably
available information about the property and the area in its
vicinity. A phase I environmental assessment may include, but is not
limited to, a review of public and private records of current and
historical land uses, prior releases of a hazardous material, data
base searches, review of relevant files of federal, state, and local
agencies, visual and other surveys of the property, review of
historical aerial photographs of the property and the area in its
vicinity, interviews with current and previous owners and operators,
and review of regulatory correspondence and environmental reports.
Sampling or testing is not required as part of the phase I
environmental assessment. A phase I environmental assessment
conducted pursuant to the requirements adopted by the American
Society for Testing and Materials for due diligence for commercial
real estate transactions and that includes a review of all reasonably
available records and data bases regarding current and prior gas or
oil wells and naturally occurring hazardous materials located on the
site or located where they could potentially effect the site,
satisfies the requirements of this article for conducting a phase I
environmental assessment unless and until the Department of Toxic
Substances Control adopts final regulations that establish guidelines
for a phase I environmental assessment for purposes of schoolsites
that impose different requirements from those imposed by the American
Society for Testing and Materials.
(h) "Preliminary endangerment assessment" means an activity that
is performed to determine whether current or past hazardous material
management practices or waste management practices have resulted in a
release or threatened release of hazardous materials, or whether
naturally occurring hazardous materials are present, which pose a
threat to children's health, children's learning abilities, public
health or the environment. A preliminary endangerment assessment
requires sampling and analysis of a site, a preliminary determination
of the type and extent of hazardous material contamination of the
site, and a preliminary evaluation of the risks that the hazardous
material contamination of a site may pose to children's health,
public health, or the environment, and shall be conducted in a manner
that complies with the guidelines published by the Department of
Toxic Substances Control entitled "Preliminary Endangerment
Assessment: Guidance Manual," including any amendments that are
determined by the Department of Toxic Substances Control to be
appropriate to address issues that are unique to schoolsites.
(i) "Proposed schoolsite" means real property acquired or to be
acquired or proposed for use as a schoolsite, prior to its occupancy
as a school.
(j) "Regulated substance" means any material defined in
subdivision (g) of Section 25532 of the Health and Safety Code.
(k) "Release" has the same meaning the term is given in Article 2
(commencing with Section 25310) of Chapter 6.8 of Division 20 of the
Health and Safety Code, and includes a release described in
subdivision (d) of Section 25321 of the Health and Safety Code.
(l) "Remedial action plan" means a plan approved by the Department
of Toxic Substances Control pursuant to Section 25356.1 of the
Health and Safety Code.
(m) "State act" means the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Chapter 6.8 (commencing with Section 25300) of
Division 20 of the Health and Safety Code).
17210.1. (a) Notwithstanding any other provision of law:
(1) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10) of Part 10, the state act applies to
schoolsites where naturally occurring hazardous materials are
present, regardless of whether there has been a release or there is a
threatened release of a hazardous material.
(2) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10) of Part 10, all references in the state act to
hazardous substances shall be deemed to include hazardous materials
and all references in the state act to public health shall be deemed
to include children's health.
(3) All risk assessments conducted by school districts that elect
to receive state funds pursuant to Chapter 12.5 (commencing with
Section 17070.10) of Part 10 at sites addressed by this article shall
include a focus on the risks to children's health posed by a
hazardous materials release or threatened release, or the presence of
naturally occurring hazardous materials, on the schoolsite.
(4) The response actions selected under this article shall, at a
minimum, be protective of children's health, with an ample margin of
safety.
(b) In implementing this article, a school district shall provide
a notice to residents in the immediate area prior to the commencement
of work on a preliminary endangerment assessment utilizing a format
developed by the Department of Toxic Substances Control.
(c) Nothing in this article shall be construed to limit the
authority of the Department of Toxic Substances Control or the State
Department of Education to take any action otherwise authorized under
any other provision of law.
(d) Unless the Legislature otherwise funds its costs for
overseeing actions taken pursuant to this article, the Department of
Toxic Substances Control shall comply with Chapter 6.66 (commencing
with Section 25269) of Division 20 of the Health and Safety Code when
recovering its costs incurred in carrying out its duties pursuant to
this article.
(e) Article 11 (commencing with Section 25220) of Chapter 6.5 of
Division 20 of the Health and Safety Code does not apply to
schoolsites at which all necessary response actions have been
completed.
17211. Prior to commencing the acquisition of real property for a
new schoolsite or an addition to an existing schoolsite, the
governing board of a school district shall evaluate the property at a
public hearing using the site selection standards established by the
State Department of Education pursuant to subdivision (b) of Section
17251. The governing board may direct the district's advisory
committee established pursuant to Section 17388 to evaluate the
property pursuant to those site selection standards and to report its
findings to the governing board at the public hearing.
17212. The governing board of a school district, prior to acquiring
any site on which it proposes to construct any school building as
defined in Section 17283 shall have the site, or sites, under
consideration investigated by competent personnel to ensure that the
final site selection is determined by an evaluation of all factors
affecting the public interest and is not limited to selection on the
basis of raw land cost only. If the prospective schoolsite is located
within the boundaries of any special studies zone or within an area
designated as geologically hazardous in the safety element of the
local general plan as provided in subdivision (g) of Section 65302 of
the Government Code, the investigation shall include any geological
and soil engineering studies by competent personnel needed to provide
an assessment of the nature of the site and potential for earthquake
or other geologic hazard damage.
The geological and soil engineering studies of the site shall be
of such a nature as will preclude siting of a school in any location
where the geological and site characteristics are such that the
construction effort required to make the school building safe for
occupancy is economically unfeasible. No studies are required to be
made if the site or sites under consideration have been the subject
of adequate prior studies. The evaluation shall also include location
of the site with respect to population, transportation, water
supply, waste disposal facilities, utilities, traffic hazards,
surface drainage conditions, and other factors affecting the
operating costs, as well as the initial costs, of the total project.
For the purposes of this article, a special studies zone is an
area which is identified as a special studies zone on any map, or
maps, compiled by the State Geologist pursuant to Chapter 7.5
(commencing with Section 2621) of Division 2 of the Public Resources
Code.
17212.1. It is the intent of the Legislature that corporations,
public utilities, local publicly owned utilities, governmental
agencies, and school districts work collaboratively in assessing the
safety of a proposed schoolsite or addition to an existing
schoolsite.
17212.2. (a) The governing board of a school district may make a
written request upon a person, corporation, public utility, local
publicly owned utility, or governmental agency for information
necessary or useful to assess and determine the safety of a proposed
schoolsite or an addition to an existing schoolsite, pursuant to
Section 17251 and this chapter, including pipelines, electric
transmission and distribution lines, railroads, and storage tanks.
The written request shall identify the physical location of the
schoolsite for which information is sought, describe the information
sought, and contain a statement as to why the information is needed
or useful. Information requested may include all of the following:
(1) Railroad operations involving hazardous or toxic materials, as
reported to a governmental agency; frequency, speed, and schedule of
railroad traffic; grade, curves, and condition of railroad tracks;
and railroad accident occurrence.
(2) Whether there are existing pipelines, planned pipelines, or
easements for pipelines on, or in proximity to, as specified pursuant
to regulations adopted pursuant to Section 17251, the schoolsite,
including the location of the pipeline, the age of the pipeline, the
pipeline material, the class of pipeline, the diameter of the
pipeline, the depth at which the pipeline is buried, the wall
thickness of the pipeline, the product or products transported by the
pipeline, the operating pressure of the pipeline, the history of
spills or leaks of material being transported by the pipeline, as
reported to a governmental agency, and the location of the shutoff
valves for the pipeline that are capable of preventing or halting the
transport of product or products to the schoolsite.
(3) Whether there are easements for planned or existing lines for
the transmission or distribution of electricity, electrical
transformers, or electrical substations on or in proximity to, as
specified pursuant to regulations adopted pursuant to Section 17251,
the schoolsite, the location of easements for, planned, or existing
lines, transformers, or substations, the voltages currently handled
or planned to be handled by the line, transformer, or substation, the
ground clearance, if applicable, of a line, transformer, or
substation, and the depth of burial, if applicable, of the line,
transformer, or substation as specified by the Public Utilities
Commission.
(4) The location, age, construction type, safety record, and
product stored in a storage tank.
(b) A person, corporation, public utility, local publicly owned
utility, or governmental agency receiving a written request for
information pursuant to this section shall provide a written response
within 30 calendar days of receipt of the request, that provides the
requested information, identifies available public information or an
available report to a governmental agency, or provides written
justification why the requested information is not being provided. A
claim that the requested information is proprietary or confidential
is a legitimate justification for the requested information to not be
provided. The governing board of a school district may grant
additional time to respond to a request for information pursuant to
this section.
(c) A school district may file a complaint with the appropriate
regulatory agency or legislative body for a violation of the
requirements of this section. The regulatory agency or legislative
body may appoint a representative to work toward informally resolving
the complaint.
17212.5. Geological and soil engineering studies as described in
Section 17212 shall be made, within the boundaries of any special
studies zone, for the construction of any school building as defined
in Section 17283, or if the estimated cost exceeds twenty-five
thousand dollars ($25,000), for the reconstruction or alteration of
or addition to any school building for work which alters structural
elements. The Department of General Services may require similar
geological and soil engineering studies for the construction or
alteration of any school building on a site located outside of the
boundaries of any special studies zone. No studies need be made if
the site under consideration has been the subject of adequate prior
studies.
No school building shall be constructed, reconstructed, or
relocated on the trace of a geological fault along which surface
rupture can reasonably be expected to occur within the life of the
school building.
A copy of the report of each investigation conducted pursuant to
this section shall be submitted to the Department of General Services
pursuant to Article 3 (commencing with Section 17280) of this
chapter and to the State Department of Education. The cost of
geological and soil engineering studies and investigations conducted
pursuant to this section may be treated as a capital expenditure. The
dollar amount set forth in this section shall be increased on an
annual basis, according to a construction costs inflation index
recognized and selected by the department.
17213. The governing board of a school district may not approve a
project involving the acquisition of a schoolsite by a school
district, unless all of the following occur:
(a) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, determines that the property
purchased or to be built upon is not any of the following:
(1) The site of a current or former hazardous waste disposal site
or solid waste disposal site, unless if the site was a former solid
waste disposal site, the governing board of the school district
concludes that the wastes have been removed.
(2) A hazardous substance release site identified by the
Department of Toxic Substances Control in a current list adopted
pursuant to Section 25356 of the Health and Safety Code for removal
or remedial action pursuant to Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code.
(3) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
extremely hazardous substances, or hazardous wastes, unless the
pipeline is a natural gas line that is used only to supply natural
gas to that school or neighborhood.
(b) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, in preparing the environmental
impact report or negative declaration has consulted with the
administering agency in which the proposed schoolsite is located,
pursuant to Section 2735.3 of Title 19 of the California Code of
Regulations, and with any air pollution control district or air
quality management district having jurisdiction in the area, to
identify both permitted and nonpermitted facilities within that
district's authority, including, but not limited to, freeways and
other busy traffic corridors, large agricultural operations, and
railyards, within one-fourth of a mile of the proposed schoolsite,
that might reasonably be anticipated to emit hazardous air emissions,
or to handle hazardous or extremely hazardous materials, substances,
or waste. The school district, as the lead agency, shall include a
list of the locations for which information is sought.
(c) The governing board of the school district makes one of the
following written findings:
(1) Consultation identified none of the facilities or significant
pollution sources specified in subdivision (b).
(2) The facilities or other pollution sources specified in
subdivision (b) exist, but one of the following conditions applies:
(A) The health risks from the facilities or other pollution
sources do not and will not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the school.
(B) The governing board finds that corrective measures required
under an existing order by another governmental entity that has
jurisdiction over the facilities or other pollution sources will,
before the school is occupied, result in the mitigation of all
chronic or accidental hazardous air emissions to levels that do not
constitute an actual or potential endangerment of public health to
persons who would attend or be employed at the proposed school. If
the governing board makes this finding, the governing board shall
also make a subsequent finding, prior to the occupancy of the school,
that the emissions have been mitigated to these levels.
(C) For a schoolsite with a boundary that is within 500 feet of
the edge of the closest traffic lane of a freeway or other busy
traffic corridor, the governing board of the school district
determines, through analysis pursuant to paragraph (2) of subdivision
(b) of Section 44360 of the Health and Safety Code, based on
appropriate air dispersion modeling, and after considering any
potential mitigation measures, that the air quality at the proposed
site is such that neither short-term nor long-term exposure poses
significant health risks to pupils.
(D) The governing board finds that neither of the conditions set
forth in subparagraph (B) or (C) can be met, and the school district
is unable to locate an alternative site that is suitable due to a
severe shortage of sites that meet the requirements in subdivision
(a) of Section 17213. If the governing board makes this finding, the
governing board shall adopt a statement of Overriding Considerations
pursuant to Section 15093 of Title 14 of the California Code of
Regulations.
(d) As used in this section:
(1) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(2) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(3) "Extremely hazardous substances" means any material defined
pursuant to paragraph (2) of subdivision (g) of Section 25532 of the
Health and Safety Code.
(4) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(5) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(6) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
(8) "Facilities" means any source with a potential to use,
generate, emit or discharge hazardous air pollutants, including, but
not limited to, pollutants that meet the definition of a hazardous
substance, and whose process or operation is identified as an
emission source pursuant to the most recent list of source categories
published by the State Air Resources Board.
(9) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles
in a rural area as defined in Section 50101 of the Health and Safety
Code, and 100,000 vehicles in an urban area, as defined in Section
50104.7 of the Health and Safety Code.
17213.1. As a condition of receiving state funding pursuant to
Chapter 12.5 (commencing with Section 17070.10), the governing board
of a school district shall comply with subdivision (a), and is not
required to comply with subdivision (a) of Section 17213, prior to
the acquisition of a schoolsite, or if the school district owns or
leases a schoolsite, prior to the construction of a project.
(a) Prior to acquiring a schoolsite, the governing board shall
contract with an environmental assessor to supervise the preparation
of, and sign, a Phase I environmental assessment of the proposed
schoolsite unless the governing board decides to proceed directly to
a preliminary endangerment assessment, in which case it shall comply
with paragraph (4).
(1) The Phase I environmental assessment shall contain one of the
following recommendations:
(A) A further investigation of the site is not required.
(B) A preliminary endangerment assessment is needed, including
sampling or testing, to determine the following:
(i) If a release of hazardous material has occurred and, if so,
the extent of the release.
(ii) If there is the threat of a release of hazardous materials.
(iii) If a naturally occurring hazardous material is present.
(2) If the Phase I environmental assessment concludes that further
investigation of the site is not required, the signed assessment,
proof that the environmental assessor meets the qualifications
specified in subdivision (b) of Section 17210, and the renewal fee
shall be submitted to the Department of Toxic Substances Control. The
Department of Toxic Substances Control shall conduct its review and
approval, within 30 calendar days of its receipt of that assessment,
proof of qualifications, and the renewal fee. In those instances in
which the Department of Toxic Substances Control requests additional
information after receipt of the Phase I environmental assessment
pursuant to paragraph (3), the Department of Toxic Substances Control
shall conduct its review and approval within 30 calendar days of its
receipt of the requested additional information. If the Department
of Toxic Substances Control concurs with the conclusion of the Phase
I environmental assessment that a further investigation of the site
is not required, the Department of Toxic Substances Control shall
approve the Phase I environmental assessment and shall notify, in
writing, the State Department of Education and the governing board of
the school district of the approval.
(3) If the Department of Toxic Substances Control determines that
the Phase I environmental assessment is not complete or disapproves
the Phase I environmental assessment, the department shall inform the
school district of the decision, the basis for the decision, and
actions necessary to secure department approval of the Phase I
environmental assessment. The school district shall take actions
necessary to secure the approval of the Phase I environmental
assessment, elect to conduct a preliminary endangerment assessment,
or elect not to pursue the acquisition or the construction project.
To facilitate completion of the Phase I environmental assessment, the
information required by this paragraph may be provided by telephonic
or electronic means.
(4) (A) If the Department of Toxic Substances Control concludes
after its review of a Phase I environmental assessment pursuant to
this section that a preliminary endangerment assessment is needed,
the Department of Toxic Substances Control shall notify, in writing,
the State Department of Education and the governing board of the
school district of that decision and the basis for that decision. The
school district shall submit to the State Department of Education
the Phase I environmental assessment and requested additional
information, if any, that was reviewed by the Department of Toxic
Substances Control pursuant to that subparagraph. Submittal of the
Phase I assessment and additional information, if any, to the State
Department of Education shall be prior to the State Department of
Education issuance of final site or plan approvals affect by that
Phase I assessment.
(B) If the Phase I environmental assessment concludes that a
preliminary endangerment assessment is needed, or if the Department
of Toxic Substances Control concludes after it reviews a Phase I
environmental assessment pursuant to this section that a preliminary
endangerment assessment is needed, the school district shall either
contract with an environmental assessor to supervise the preparation
of, and sign, a preliminary endangerment assessment of the proposed
schoolsite and enter into an agreement with the Department of Toxic
Substances Control to oversee the preparation of the preliminary
endangerment assessment or elect not to pursue the acquisition or
construction project. The agreement entered into with the Department
of Toxic Substances Control may be entitled an "Environmental
Oversight Agreement" and shall reference this paragraph. A school
district may, with the concurrence of the Department of Toxic
Substances Control, enter into an agreement with the Department of
Toxic Substances Control to oversee the preparation of a preliminary
endangerment assessment without first having prepared a Phase I
environmental assessment. Upon request from the school district, the
Director of the Department of Toxic Substances Control shall exercise
its authority to designate a person to enter the site and inspect
and obtain samples pursuant to Section 25358.1 of the Health and
Safety Code, if the director determines that the exercise of that
authority will assist in expeditiously completing the preliminary
endangerment assessment. The preliminary endangerment assessment
shall contain one of the following conclusions:
(i) A further investigation of the site is not required.
(ii) A release of hazardous materials has occurred, and if so, the
extent of the release, that there is the threat of a release of
hazardous materials, or that a naturally occurring hazardous material
is present, or any combination thereof.
(5) The school district shall submit the preliminary endangerment
assessment to the Department of Toxic Substances Control for its
review and approval and to the State Department of Education for its
files. The school district may entitle a document that is meant to
fulfill the requirements of a preliminary endangerment assessment a
"preliminary environmental assessment" and that document shall be
deemed to be a preliminary endangerment assessment if it specifically
refers to the statutory provisions whose requirements it intends to
meet and the document meets the requirements of a preliminary
endangerment assessment.
(6) At the same time a school district submits a preliminary
endangerment assessment to the Department of Toxic Substances Control
pursuant to paragraph (5), the school district shall publish a
notice that the assessment has been submitted to the department in a
local newspaper of general circulation, and shall post the notice in
a prominent manner at the proposed schoolsite that is the subject of
that notice. The notice shall state the school district's
determination to make the preliminary endangerment assessment
available for public review and comment pursuant to subparagraph (A)
or (B):
(A) If the school district chooses to make the assessment
available for public review and comment pursuant to this
subparagraph, it shall offer to receive written comments for a period
of at least 30 calendar days after the assessment is submitted to
the Department of Toxic Substances Control, commencing on the date
the notice is originally published, and shall hold a public hearing
to receive further comments. The school district shall make all of
the following documents available to the public upon request through
the time of the public hearing:
(i) The preliminary endangerment assessment.
(ii) The changes requested by the Department of Toxic Substances
Control for the preliminary endangerment assessment, if any.
(iii) Any correspondence between the school district and the
Department of Toxic Substances Control that relates to the
preliminary endangerment assessment.
For the purposes of this subparagraph, the notice of the public
hearing shall include the date and location of the public hearing,
and the location where the public may review the documents described
in clauses (i) to (iii), inclusive. If the preliminary endangerment
assessment is revised or altered following the public hearing, the
school district shall make those revisions or alterations available
to the public. The school district shall transmit a copy of all
public comments received by the school district on the preliminary
endangerment assessment to the Department of Toxic Substances
Control. The Department of Toxic Substances Control shall complete
its review of the preliminary endangerment assessment and public
comments received thereon and shall either approve or disapprove the
assessment within 30 calendar days of the close of the public review
period. If the Department of Toxic Substances Control determines that
it is likely to disapprove the assessment prior to its receipt of
the public comments, it shall inform the school district of that
determination and of any action that the school district is required
to take for the Department of Toxic Substances Control to approve the
assessment.
(B) If the school district chooses to make the preliminary
endangerment assessment available for public review and comment
pursuant to this subparagraph, the Department of Toxic Substances
Control shall complete its review of the assessment within 60
calendar days of receipt of the assessment and shall either return
the assessment to the school district with comments and requested
modifications or requested further assessment or concur with the
adequacy of the assessment pending review of public comment. If the
Department of Toxic Substances Control concurs with the adequacy of
the assessment, and the school district proposes to proceed with site
acquisition or a construction project, the school district shall
make the assessment available to the public on the same basis and at
the same time it makes available the draft environmental impact
report or negative declaration pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) for the site, unless the
document developed pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) will not be made available until more than 90 days
after the assessment is approved, in which case the school district
shall, within 60 days of the approval of the assessment, separately
publish a notice of the availability of the assessment for public
review in a local newspaper of general circulation. The school
district shall hold a public hearing on the preliminary endangerment
assessment and the draft environmental impact report or negative
declaration at the same time, pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code). All public comments pertaining
to the preliminary endangerment assessment shall be forwarded to the
Department of Toxic Substances Control immediately. The Department of
Toxic Substances Control shall review the public comments forwarded
by the school district and shall approve or disapprove the
preliminary endangerment assessment within 30 days of the district's
approval action of the environmental impact report or the negative
declaration.
(7) The school district shall comply with the public participation
requirements of Sections 25358.7 and 25358.7.1 of the Health and
Safety Code and other applicable provisions of the state act with
respect to those response actions only if further response actions
beyond a preliminary endangerment assessment are required and the
district determines that it will proceed with the acquisition or
construction project.
(8) If the Department of Toxic Substances Control disapproves the
preliminary endangerment assessment, it shall inform the district of
the decision, the basis for the decision, and actions necessary to
secure the Department of Toxic Substances Control approval of the
assessment. The school district shall take actions necessary to
secure the approval of the Department of Toxic Substances Control of
the preliminary endangerment assessment or elect not to pursue the
acquisition or construction project.
(9) If the preliminary endangerment assessment determines that a
further investigation of the site is not required and the Department
of Toxic Substances Control approves this determination, it shall
notify the State Department of Education and the school district of
its approval. The school district may then proceed with the
acquisition or construction project.
(10) If the preliminary endangerment assessment determines that a
release of hazardous material has occurred, that there is the threat
of a release of hazardous materials, that a naturally occurring
hazardous material is present, or any combination thereof, that
requires further investigation, and the Department of Toxic
Substances Control approves this determination, the school district
may elect not to pursue the acquisition or construction project. If
the school district elects to pursue the acquisition or construction
project, it shall do all of the following:
(A) Prepare a financial analysis that estimates the cost of
response action that will be required at the proposed schoolsite.
(B) Assess the benefits that accrue from using the proposed
schoolsite when compared to the use of alternative schoolsites, if
any.
(C) Obtain the approval of the State Department of Education that
the proposed schoolsite meets the schoolsite selection standards
adopted by the State Department of Education pursuant to subdivision
(b) of Section 17251.
(D) Evaluate the suitability of the proposed schoolsite in light
of the recommended alternative schoolsite locations in order of merit
if the school district has requested the assistance of the State
Department of Education, based upon the standards of the State
Department of Education, pursuant to subdivision (a) of Section
17251.
(11) The school district shall reimburse the Department of Toxic
Substances Control for all of the department's response costs.
(b) The costs incurred by the school districts when complying with
this section are allowable costs for purposes of an applicant under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be
reimbursed in accordance with Section 17072.13.
(c) A school district that releases a Phase I environmental
assessment, a preliminary endangerment assessment, or information
concerning either of these assessments, any of which is required by
this section, may not be held liable in any action filed against the
school district for making either of these assessments available for
public review.
(d) The changes made to this section by the act amending this
section during the 2001 portion of the 2001-02 Regular Session do not
apply to a schoolsite acquisition project or a school construction
project, if either of the following occurred on or before the
effective date of the act amending this section during the 2001
portion of the 2001-02 Regular Session:
(1) The final preliminary endangerment assessment for the project
was approved by the Department of Toxic Substances Control pursuant
to this section as this section read on the date of the approval.
(2) The school district seeking state funding for the project
completed a public hearing for the project pursuant to this section,
as this section read on the date of the hearing.
17213.2. As a condition of receiving state funds pursuant to
Chapter 12.5 (commencing with Section 17070.10), all of the following
apply:
(a) If a preliminary endangerment assessment prepared pursuant to
Section 17213.1 discloses the presence of a hazardous materials
release, or threatened release, or the presence of naturally
occurring hazardous materials, at a proposed schoolsite at
concentrations that could pose a significant risk to children or
adults, and the school district owns the proposed schoolsite, the
school district shall enter into an agreement with the Department of
Toxic Substances Control to oversee response action at the site and
shall take response action pursuant to the requirements of the state
act as may be required by the Department of Toxic Substances Control.
(b) Notwithstanding subdivision (a), a school district need not
take action in response to a release of hazardous material to
groundwater underlying the schoolsite if the release occurred at a
site other than the schoolsite and if the following conditions apply:
(1) The school district did not cause or contribute to the release
of a hazardous material to the groundwater.
(2) Upon the request of the Department of Toxic Substances Control
or its authorized representative the school district provides the
Department of Toxic Substances Control or its authorized
representative with access to the schoolsite.
(3) The school district does not interfere with the response
action activities.
(c) If at anytime during the response action the school district
determines that there has been a significant increase in the
estimated cost of the response action, the school district shall
notify the State Department of Education.
(d) A school district that is required by the Department of Toxic
Substances Control to take response action at a proposed schoolsite
is subject to both of the following prohibitions:
(1) The school district may not begin construction of a school
building until the Department of Toxic Substances Control determines
all of the following:
(A) That the construction will not interfere with the response
action.
(B) That site conditions will not pose a significant threat to the
health and safety of workers involved in the construction of the
school building.
(C) That the nature and extent of any release or threatened
release of hazardous materials or the presence of any naturally
occurring hazardous materials have been fully characterized.
(2) The school district may not occupy a school building following
construction until it obtains from the Department of Toxic
Substances Control a certification that all response actions, except
for operation and maintenance activities, necessary to ensure that
hazardous materials at the schoolsite no longer pose a significant
risk to children and adults at the schoolsite have been completed and
that the response action standards and objectives established in the
final removal action work plan or remedial action plan have been met
and are being maintained. After a school building is constructed and
occupied, a school district may continue with ongoing operation and
maintenance activities if the Department of Toxic Substances Control
certifies before occupancy that neither site conditions nor the
ongoing operation and maintenance activities pose a significant risk
to children or adults at the schoolsite.
(e) If, at anytime during construction at a schoolsite, a
previously unidentified release or threatened release of a hazardous
material or the presence of a naturally occurring hazardous material
is discovered, the school district shall cease all construction
activities at the sites notify the Department of Toxic Substances
Control, and take actions required by subdivision (a) that are
necessary to address the release or threatened release or the
presence of any naturally occurring hazardous materials. Construction
may be resumed if the Department of Toxic Substances Control
determines that the construction will not interfere with any response
action necessary to address the hazardous material release or
threatened release or the presence of a naturally occurring hazardous
material, determines that the site conditions will not pose a
significant threat to the health and safety of workers involved in
the construction of the schoolsite, and certifies that the nature and
extent of the release, threatened release, or presence of a
naturally occurring hazardous material have been fully characterized.
(f) Construction may proceed at any portions of the site that the
Department of Toxic Substances Control determines are not affected by
the release or threatened release of hazardous materials, or
presence of any naturally occurring hazardous materials, provided
that all of the following apply:
(1) Those portions of the site have been fully characterized.
(2) The Department of Toxic Substances Control determines that the
construction will not interfere with any response action necessary
to address the release or threatened release of hazardous materials,
or presence of any naturally occurring hazardous materials.
(3) The site conditions will not pose a significant threat to the
health and safety of workers involved with construction.
(g) The Department of Toxic Substances Control shall notify the
State Department of Education, the Division of the State Architect,
and the Office of Public School Construction when the Department of
Toxic Substances Control certifies that all necessary response
actions have been completed at a schoolsite. The Department of Toxic
Substances Control shall also notify the Division of the State
Architect whenever a response action has an impact on the design of a
school facility and shall specify the conditions that must be met in
the design of the school facility in order to protect the integrity
of the response action.
(h) The school district shall reimburse the Department of Toxic
Substances Control for all response costs incurred by the department.
(i) The costs incurred by the school districts when complying with
this section are allowable costs for purposes of an applicant under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be
reimbursed in accordance with Section 17072.13.
17215. (a) In order to promote the safety of pupils, comprehensive
community planning, and greater educational usefulness of
schoolsites, before acquiring title to or leasing property for a new
schoolsite, the governing board of each school district, including
any district governed by a city board of education, or a charter
school, shall give the State Department of Education written notice
of the proposed acquisition or lease and shall submit any information
required by the State Department of Education if the site is within
two miles, measured by air line, of that point on an airport runway
or a potential runway included in an airport master plan that is
nearest to the site.
(b) Upon receipt of the notice required pursuant to subdivision
(a), the State Department of Education shall notify the Department of
Transportation in writing of the proposed acquisition or lease. If
the Department of Transportation is no longer in operation, the State
Department of Education shall, in lieu of notifying the Department
of Transportation, notify the United States Department of
Transportation or any other appropriate agency, in writing, of the
proposed acquisition or lease for the purpose of obtaining from the
department or other agency any information or assistance that it may
desire to give.
(c) The Department of Transportation shall investigate the site
and, within 30 working days after receipt of the notice, shall submit
to the State Department of Education a written report of its
findings including recommendations concerning acquisition or lease of
the site. As part of the investigation, the Department of
Transportation shall give notice thereof to the owner and operator of
the airport who shall be granted the opportunity to comment upon the
site. The Department of Transportation shall adopt regulations
setting forth the criteria by which a site will be evaluated pursuant
to this section.
(d) The State Department of Education shall, within 10 days of
receiving the Department of Transportation's report, forward the
report to the governing board of the school district or charter
school. The governing board or charter school may not acquire title
to or lease the property until the report of the Department of
Transportation has been received. If the report does not favor the
acquisition or lease of the property for a schoolsite or an addition
to a present schoolsite, the governing board or charter school may
not acquire title to or lease the property. If the report does favor
the acquisition or lease of the property for a schoolsite or an
addition to a present schoolsite, the governing board or charter
school shall hold a public hearing on the matter prior to acquiring
or leasing the site.
(e) If the Department of Transportation's recommendation does not
favor acquisition or lease of the proposed site, state funds or local
funds may not be apportioned or expended for the acquisition or
lease of that site, construction of any school building on that site,
or for the expansion of any existing site to include that site.
(f) This section does not apply to sites acquired prior to January
1, 1966, nor to any additions or extensions to those sites.
17215.5. (a) Prior to commencing the acquisition of real property
for a new schoolsite in an area designated in a city, county, or city
and county general plan for agricultural use and zoned for
agricultural production, the governing board of a school district
shall make all of the following findings:
(1) The school district has notified and consulted with the city,
county, or city and county within which the prospective schoolsite is
to be located.
(2) The final site selection has been evaluated by the governing
board of the school district based on all factors affecting the
public interest and not limited to selection on the basis of the cost
of the land.
(3) The school district will attempt to minimize any public health
and safety issues resulting from the neighboring agricultural uses
that may affect the pupils and employees at the schoolsite.
(b) Subdivision (a) shall not apply to any schoolsite approved by
the State Department of Education prior to January 1, 1997.
17216. No action undertaken by the State Department of Education or
by any other state agency or by any political subdivision pursuant
to this chapter, or in compliance with this chapter, shall be
construed to affect any rights arising under the provisions of
Section 19 of Article 1 of the California Constitution.
17217. (a) The governing board of a school district may acquire a
site for a school building contiguous to the boundaries of the
district and upon the acquisition of the site it shall become a part
of the district.
(b) The site may not be acquired until all of the following
conditions are met:
(1) A majority of the members of the governing board of the
acquiring school district approves a petition requesting approval of
the acquisition.
(2) The petition is filed with the county superintendent of
schools with jurisdiction over the acquiring school district. If the
site is in a county that is not the county in which the acquiring
school district is located, the petition shall be filed with each of
the county superintendents of the counties concerned. Within 10
working days of the date the petition is filed, each superintendent
of schools of those counties shall notify the governing board of each
school district involved that the petition was filed.
(3) The county committee on school district organization of the
county of the acquiring school district approves the petition. If the
site is in a county that is not the county in which the acquiring
school district is located, each of the county committees on school
district organization concerned shall approve the petition. The
county committees on school district organization shall approve or
disapprove a petition within 60 days from the day the governing board
filed the petition with the county superintendent of schools.
(c) Notwithstanding subdivision (b), if each of the county
committees on school district organization does not approve the
petition as required by paragraph (3) of subdivision (b), the
petition may be submitted to the Superintendent of Public Instruction
for approval. If the Superintendent of Public Instruction approves
the petition, the governing board may acquire the site.
(d) In approving the acquisition of a site pursuant to this
section, the county committees on school district organization and
the Superintendent of Public Instruction shall consider the extent to
which the following are met:
(1) The proposed site acquisition will not promote racial or
ethnic discrimination or segregation.
(2) The proposed site acquisition will not result in any
substantial increase in costs to the state.
(3) The proposed site acquisition will not significantly disrupt
the educational programs in the school districts affected by the
proposed site acquisition and will continue to promote sound
education performance in those school districts.
(4) The proposed site acquisition will not result in a significant
increase in school housing costs.
(5) The proposed site acquisition is not primarily designed to
result in a significant increase in property values causing financial
advantage to property owners because territory was transferred from
one school district to an adjoining school district.
(6) The proposed site acquisition will not cause a substantial
negative effect on the fiscal management or fiscal status of any
school district affected by the proposed site acquisition.
(e) The power of eminent domain may be used for the purposes of
this section.
(f) A schoolsite is contiguous for the purpose of this section
although separated from the boundaries of the district by a road,
street, stream, or other natural or artificial barrier or
right-of-way.
17218. The governing board of a school district which has been
included in a school district unification proposal approved by the
electors of the territory involved pursuant to Chapter 2 (commencing
with Section 4206) of Part 3, may, prior to the time the new unified
school district becomes effective for all purposes, acquire a site
for a school building at any place within the new unified school
district, and upon the acquisition of the site it shall become a part
of the district pending the date when the new unified school
district becomes effective for all purposes. The site shall not be
acquired until the county committee on school district organization
of the county or of each of the counties concerned has received the
proposal for acquisition of the site and reported its recommendations
thereon to the governing boards of the districts concerned and to
each county superintendent of schools concerned. The report of the
county committee shall be made within 60 days from the time the
proposal for acquisition of the site was submitted to it.
17219. (a) Whenever a school district acquires or has acquired a
site for school purposes, as determined by the State Allocation
Board, and does not use the site within (1) five years of the date of
acquisition for the kindergarten, if any, and any of grades 1 to 8,
inclusive, maintained by an elementary school district or a unified
school district, or, (2) seven years of the date of acquisition for
any of grades 7 to 12, inclusive, maintained by a high school
district or a unified school district, or if a school district has a
site at any grade level that has previously been used but has not
been used for school purposes within the preceding five years, the
school district shall be subject to nonuse payments, unless the State
Allocation Board, from time to time, makes a determination that the
school district will utilize the property for the purpose for which
it was intended within a reasonable period of time, in a specific
amount for each additional year in which the site is retained and not
used by the district beyond the foregoing specified periods, except
the first additional year shall be deemed to end not earlier than
April 30, 1973.
(b) Payment shall not be required under this section as to any
site having a value of twenty thousand dollars ($20,000) or less.
Commencing on January 1, 1988, and annually thereafter, the State
Allocation Board shall increase this exemption figure by the amount
of the current fiscal year inflation adjustment specified in Section
42238.1, if any.
(c) The payments required shall be computed by the Executive
Officer of the State Allocation Board and certified to the
Controller, and payments shall be equal to one one-hundredth (1/100)
of the original purchase price of the site modified by either a
factor reflecting the change in assessed value of all lands in the
state from the date of purchase of the site to the current date or
any other factor that in the determination of the State Allocation
Board is applicable to the site under consideration.
(d) Whenever the State Allocation Board has determined that a
school district in good faith has, within the preceding year,
advertised the schoolsite for sale to the highest bidder pursuant to
the provisions of Article 4 (commencing with Section 17455) of
Chapter 4 of Part 10.5 and has received no bids that in the judgment
of the State Allocation Board reflect the fair market value of the
property, the Executive Officer of the State Allocation Board shall
not compute any nonuse payments for the site for a period of one year
beyond the date of the determination.
(e) Nonuse payments shall not be required for any year with
respect to a schoolsite that for one-half or more of the number of
days of that year has been utilized for any of the following
purposes:
(1) By the school district, or by any other governmental entity
pursuant to agreement with the school district, for school purposes,
for use as a civic center, or for community playground, playing
field, or other outdoor recreational purposes. "Civic center," for
this purpose, means a site used for one or more of the purposes
described in Section 40041.
(2) By the State Allocation Board, pursuant to agreement with the
school district, for the storage of emergency portable classrooms.
(3) By the school district, or by any other public or private
entity pursuant to agreement with the school district, for the
operation of a child care program.
(f) Nonuse payments shall not be required for any year with
respect to a schoolsite that was leased at least one-half of the days
in that year in a manner that subjected the site to property taxes
equal to the taxes that would have been paid if the site had been
sold.
17220. If the State Allocation Board determines a school district
to be exempt from the requirement to make nonuse payments for any
year as to any schoolsite on any basis authorized under subdivision
(e) or (f) of Section 17219, that exemption shall continue to apply
to that schoolsite for each subsequent year for which the
superintendent of the school district certifies to the State
Allocation Board, on a timely basis, that the basis of exemption
continues to exist.
17221. The amount of any nonuse payments required of any school
district under Section 17219 shall be reduced, without regard to
fiscal year, by the amount of the proceeds, resulting from the lease
of district property that is subject to that section, that are
expended by the district the payment of bond debt service costs that
are directly related to the actual construction of school facilities.
17222. The Controller shall, during the next fiscal year following
that in which the Executive Officer of the State Allocation Board
certifies to him or her the amount of payment, deduct the total
amount of the payment of each district in equal amounts from each of
the February, March, April and May installments of the apportionments
made to the district from the State School Fund under Sections
46304, 46305, and 41050, Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive, whichever are in effect. However,
in no event shall the deductions exceed an amount which would result
in a district's receiving, in any school year, from the State School
Fund, less than one hundred twenty dollars ($120) per pupil in
average daily attendance in the district during the preceding school
year. On order of the Controller, the amount so deducted shall be
transferred to the State School Site Utilization Fund which is hereby
created.
17223. (a) Whenever a school district has either begun to use an
unused site or has sold that site within two years of the date the
Controller, pursuant to Section 17222, has deducted a certified
nonuse payment from the district's State School Fund apportionment,
the State Allocation Board shall certify that fact to the Controller.
The Controller shall then cease to withhold any additional payments
and shall return to the district from the State School Site
Utilization Fund the payments, without interest, which had been
withheld for the particular site during the prior fiscal year and the
current fiscal year.
(b) If the school district begins to use or has sold the site more
than two years after the aforesaid date, the State Allocation Board
shall so certify to the Controller and no further payments shall be
withheld as specified in Section 17222.
17224. Any funds in the State School Site Utilization Fund,
including interest, that are not subject to return to a school
district pursuant to Section 17223 shall revert to the Deferred
Maintenance Fund.
17210. As used in this article, the following terms have the
following meanings:
(a) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(b) "Environmental assessor" means a class II environmental
assessor registered by the Office of Environmental Health Hazard
Assessment pursuant to Chapter 6.98 (commencing with Section 25570)
of Division 20 of the Health and Safety Code, a professional engineer
registered in this state, a geologist registered in this state, a
certified engineering geologist registered in this state, or a
licensed hazardous substance contractor certified pursuant to Chapter
9 (commencing with Section 7000) of Division 3 of the Business and
Professions Code. A licensed hazardous substance contractor shall
hold the equivalent of a degree from an accredited public or private
college or university or from a private postsecondary educational
institution approved by the Bureau for Private Postsecondary and
Vocational Education with at least 60 units in environmental,
biological, chemical, physical, or soil science; engineering;
geology; environmental or public health; or a directly related
science field. In addition, any person who conducts phase I
environmental assessments shall have at least two years' experience
in the preparation of those assessments and any person who conducts a
preliminary endangerment assessment shall have at least three years'
experience in conducting those assessments.
(c) "Handle" has the meaning the term is given in Article 1
(commencing with Section 25500) of Chapter 6.95 of Division 20 of the
Health and Safety Code.
(d) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(e) "Hazardous material" has the meaning the term is given in
subdivision (d) of Section 25260 of the Health and Safety Code.
(f) "Operation and maintenance," "removal action work plan,"
"respond," "response," "response action," and "site" have the
meanings those terms are given in Article 2 (commencing with Section
25310) of the state act.
(g) "Phase I environmental assessment" means a preliminary
assessment of a property to determine whether there has been or may
have been a release of a hazardous material, or whether a naturally
occurring hazardous material is present, based on reasonably
available information about the property and the area in its
vicinity. A phase I environmental assessment may include, but is not
limited to, a review of public and private records of current and
historical land uses, prior releases of a hazardous material, data
base searches, review of relevant files of federal, state, and local
agencies, visual and other surveys of the property, review of
historical aerial photographs of the property and the area in its
vicinity, interviews with current and previous owners and operators,
and review of regulatory correspondence and environmental reports.
Sampling or testing is not required as part of the phase I
environmental assessment. A phase I environmental assessment
conducted pursuant to the requirements adopted by the American
Society for Testing and Materials for due diligence for commercial
real estate transactions and that includes a review of all reasonably
available records and data bases regarding current and prior gas or
oil wells and naturally occurring hazardous materials located on the
site or located where they could potentially effect the site,
satisfies the requirements of this article for conducting a phase I
environmental assessment unless and until the Department of Toxic
Substances Control adopts final regulations that establish guidelines
for a phase I environmental assessment for purposes of schoolsites
that impose different requirements from those imposed by the American
Society for Testing and Materials.
(h) "Preliminary endangerment assessment" means an activity that
is performed to determine whether current or past hazardous material
management practices or waste management practices have resulted in a
release or threatened release of hazardous materials, or whether
naturally occurring hazardous materials are present, which pose a
threat to children's health, children's learning abilities, public
health or the environment. A preliminary endangerment assessment
requires sampling and analysis of a site, a preliminary determination
of the type and extent of hazardous material contamination of the
site, and a preliminary evaluation of the risks that the hazardous
material contamination of a site may pose to children's health,
public health, or the environment, and shall be conducted in a manner
that complies with the guidelines published by the Department of
Toxic Substances Control entitled "Preliminary Endangerment
Assessment: Guidance Manual," including any amendments that are
determined by the Department of Toxic Substances Control to be
appropriate to address issues that are unique to schoolsites.
(i) "Proposed schoolsite" means real property acquired or to be
acquired or proposed for use as a schoolsite, prior to its occupancy
as a school.
(j) "Regulated substance" means any material defined in
subdivision (g) of Section 25532 of the Health and Safety Code.
(k) "Release" has the same meaning the term is given in Article 2
(commencing with Section 25310) of Chapter 6.8 of Division 20 of the
Health and Safety Code, and includes a release described in
subdivision (d) of Section 25321 of the Health and Safety Code.
(l) "Remedial action plan" means a plan approved by the Department
of Toxic Substances Control pursuant to Section 25356.1 of the
Health and Safety Code.
(m) "State act" means the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Chapter 6.8 (commencing with Section 25300) of
Division 20 of the Health and Safety Code).
17210.1. (a) Notwithstanding any other provision of law:
(1) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10) of Part 10, the state act applies to
schoolsites where naturally occurring hazardous materials are
present, regardless of whether there has been a release or there is a
threatened release of a hazardous material.
(2) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10) of Part 10, all references in the state act to
hazardous substances shall be deemed to include hazardous materials
and all references in the state act to public health shall be deemed
to include children's health.
(3) All risk assessments conducted by school districts that elect
to receive state funds pursuant to Chapter 12.5 (commencing with
Section 17070.10) of Part 10 at sites addressed by this article shall
include a focus on the risks to children's health posed by a
hazardous materials release or threatened release, or the presence of
naturally occurring hazardous materials, on the schoolsite.
(4) The response actions selected under this article shall, at a
minimum, be protective of children's health, with an ample margin of
safety.
(b) In implementing this article, a school district shall provide
a notice to residents in the immediate area prior to the commencement
of work on a preliminary endangerment assessment utilizing a format
developed by the Department of Toxic Substances Control.
(c) Nothing in this article shall be construed to limit the
authority of the Department of Toxic Substances Control or the State
Department of Education to take any action otherwise authorized under
any other provision of law.
(d) Unless the Legislature otherwise funds its costs for
overseeing actions taken pursuant to this article, the Department of
Toxic Substances Control shall comply with Chapter 6.66 (commencing
with Section 25269) of Division 20 of the Health and Safety Code when
recovering its costs incurred in carrying out its duties pursuant to
this article.
(e) Article 11 (commencing with Section 25220) of Chapter 6.5 of
Division 20 of the Health and Safety Code does not apply to
schoolsites at which all necessary response actions have been
completed.
17211. Prior to commencing the acquisition of real property for a
new schoolsite or an addition to an existing schoolsite, the
governing board of a school district shall evaluate the property at a
public hearing using the site selection standards established by the
State Department of Education pursuant to subdivision (b) of Section
17251. The governing board may direct the district's advisory
committee established pursuant to Section 17388 to evaluate the
property pursuant to those site selection standards and to report its
findings to the governing board at the public hearing.
17212. The governing board of a school district, prior to acquiring
any site on which it proposes to construct any school building as
defined in Section 17283 shall have the site, or sites, under
consideration investigated by competent personnel to ensure that the
final site selection is determined by an evaluation of all factors
affecting the public interest and is not limited to selection on the
basis of raw land cost only. If the prospective schoolsite is located
within the boundaries of any special studies zone or within an area
designated as geologically hazardous in the safety element of the
local general plan as provided in subdivision (g) of Section 65302 of
the Government Code, the investigation shall include any geological
and soil engineering studies by competent personnel needed to provide
an assessment of the nature of the site and potential for earthquake
or other geologic hazard damage.
The geological and soil engineering studies of the site shall be
of such a nature as will preclude siting of a school in any location
where the geological and site characteristics are such that the
construction effort required to make the school building safe for
occupancy is economically unfeasible. No studies are required to be
made if the site or sites under consideration have been the subject
of adequate prior studies. The evaluation shall also include location
of the site with respect to population, transportation, water
supply, waste disposal facilities, utilities, traffic hazards,
surface drainage conditions, and other factors affecting the
operating costs, as well as the initial costs, of the total project.
For the purposes of this article, a special studies zone is an
area which is identified as a special studies zone on any map, or
maps, compiled by the State Geologist pursuant to Chapter 7.5
(commencing with Section 2621) of Division 2 of the Public Resources
Code.
17212.1. It is the intent of the Legislature that corporations,
public utilities, local publicly owned utilities, governmental
agencies, and school districts work collaboratively in assessing the
safety of a proposed schoolsite or addition to an existing
schoolsite.
17212.2. (a) The governing board of a school district may make a
written request upon a person, corporation, public utility, local
publicly owned utility, or governmental agency for information
necessary or useful to assess and determine the safety of a proposed
schoolsite or an addition to an existing schoolsite, pursuant to
Section 17251 and this chapter, including pipelines, electric
transmission and distribution lines, railroads, and storage tanks.
The written request shall identify the physical location of the
schoolsite for which information is sought, describe the information
sought, and contain a statement as to why the information is needed
or useful. Information requested may include all of the following:
(1) Railroad operations involving hazardous or toxic materials, as
reported to a governmental agency; frequency, speed, and schedule of
railroad traffic; grade, curves, and condition of railroad tracks;
and railroad accident occurrence.
(2) Whether there are existing pipelines, planned pipelines, or
easements for pipelines on, or in proximity to, as specified pursuant
to regulations adopted pursuant to Section 17251, the schoolsite,
including the location of the pipeline, the age of the pipeline, the
pipeline material, the class of pipeline, the diameter of the
pipeline, the depth at which the pipeline is buried, the wall
thickness of the pipeline, the product or products transported by the
pipeline, the operating pressure of the pipeline, the history of
spills or leaks of material being transported by the pipeline, as
reported to a governmental agency, and the location of the shutoff
valves for the pipeline that are capable of preventing or halting the
transport of product or products to the schoolsite.
(3) Whether there are easements for planned or existing lines for
the transmission or distribution of electricity, electrical
transformers, or electrical substations on or in proximity to, as
specified pursuant to regulations adopted pursuant to Section 17251,
the schoolsite, the location of easements for, planned, or existing
lines, transformers, or substations, the voltages currently handled
or planned to be handled by the line, transformer, or substation, the
ground clearance, if applicable, of a line, transformer, or
substation, and the depth of burial, if applicable, of the line,
transformer, or substation as specified by the Public Utilities
Commission.
(4) The location, age, construction type, safety record, and
product stored in a storage tank.
(b) A person, corporation, public utility, local publicly owned
utility, or governmental agency receiving a written request for
information pursuant to this section shall provide a written response
within 30 calendar days of receipt of the request, that provides the
requested information, identifies available public information or an
available report to a governmental agency, or provides written
justification why the requested information is not being provided. A
claim that the requested information is proprietary or confidential
is a legitimate justification for the requested information to not be
provided. The governing board of a school district may grant
additional time to respond to a request for information pursuant to
this section.
(c) A school district may file a complaint with the appropriate
regulatory agency or legislative body for a violation of the
requirements of this section. The regulatory agency or legislative
body may appoint a representative to work toward informally resolving
the complaint.
17212.5. Geological and soil engineering studies as described in
Section 17212 shall be made, within the boundaries of any special
studies zone, for the construction of any school building as defined
in Section 17283, or if the estimated cost exceeds twenty-five
thousand dollars ($25,000), for the reconstruction or alteration of
or addition to any school building for work which alters structural
elements. The Department of General Services may require similar
geological and soil engineering studies for the construction or
alteration of any school building on a site located outside of the
boundaries of any special studies zone. No studies need be made if
the site under consideration has been the subject of adequate prior
studies.
No school building shall be constructed, reconstructed, or
relocated on the trace of a geological fault along which surface
rupture can reasonably be expected to occur within the life of the
school building.
A copy of the report of each investigation conducted pursuant to
this section shall be submitted to the Department of General Services
pursuant to Article 3 (commencing with Section 17280) of this
chapter and to the State Department of Education. The cost of
geological and soil engineering studies and investigations conducted
pursuant to this section may be treated as a capital expenditure. The
dollar amount set forth in this section shall be increased on an
annual basis, according to a construction costs inflation index
recognized and selected by the department.
17213. The governing board of a school district may not approve a
project involving the acquisition of a schoolsite by a school
district, unless all of the following occur:
(a) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, determines that the property
purchased or to be built upon is not any of the following:
(1) The site of a current or former hazardous waste disposal site
or solid waste disposal site, unless if the site was a former solid
waste disposal site, the governing board of the school district
concludes that the wastes have been removed.
(2) A hazardous substance release site identified by the
Department of Toxic Substances Control in a current list adopted
pursuant to Section 25356 of the Health and Safety Code for removal
or remedial action pursuant to Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code.
(3) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
extremely hazardous substances, or hazardous wastes, unless the
pipeline is a natural gas line that is used only to supply natural
gas to that school or neighborhood.
(b) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, in preparing the environmental
impact report or negative declaration has consulted with the
administering agency in which the proposed schoolsite is located,
pursuant to Section 2735.3 of Title 19 of the California Code of
Regulations, and with any air pollution control district or air
quality management district having jurisdiction in the area, to
identify both permitted and nonpermitted facilities within that
district's authority, including, but not limited to, freeways and
other busy traffic corridors, large agricultural operations, and
railyards, within one-fourth of a mile of the proposed schoolsite,
that might reasonably be anticipated to emit hazardous air emissions,
or to handle hazardous or extremely hazardous materials, substances,
or waste. The school district, as the lead agency, shall include a
list of the locations for which information is sought.
(c) The governing board of the school district makes one of the
following written findings:
(1) Consultation identified none of the facilities or significant
pollution sources specified in subdivision (b).
(2) The facilities or other pollution sources specified in
subdivision (b) exist, but one of the following conditions applies:
(A) The health risks from the facilities or other pollution
sources do not and will not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the school.
(B) The governing board finds that corrective measures required
under an existing order by another governmental entity that has
jurisdiction over the facilities or other pollution sources will,
before the school is occupied, result in the mitigation of all
chronic or accidental hazardous air emissions to levels that do not
constitute an actual or potential endangerment of public health to
persons who would attend or be employed at the proposed school. If
the governing board makes this finding, the governing board shall
also make a subsequent finding, prior to the occupancy of the school,
that the emissions have been mitigated to these levels.
(C) For a schoolsite with a boundary that is within 500 feet of
the edge of the closest traffic lane of a freeway or other busy
traffic corridor, the governing board of the school district
determines, through analysis pursuant to paragraph (2) of subdivision
(b) of Section 44360 of the Health and Safety Code, based on
appropriate air dispersion modeling, and after considering any
potential mitigation measures, that the air quality at the proposed
site is such that neither short-term nor long-term exposure poses
significant health risks to pupils.
(D) The governing board finds that neither of the conditions set
forth in subparagraph (B) or (C) can be met, and the school district
is unable to locate an alternative site that is suitable due to a
severe shortage of sites that meet the requirements in subdivision
(a) of Section 17213. If the governing board makes this finding, the
governing board shall adopt a statement of Overriding Considerations
pursuant to Section 15093 of Title 14 of the California Code of
Regulations.
(d) As used in this section:
(1) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(2) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(3) "Extremely hazardous substances" means any material defined
pursuant to paragraph (2) of subdivision (g) of Section 25532 of the
Health and Safety Code.
(4) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(5) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(6) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
(8) "Facilities" means any source with a potential to use,
generate, emit or discharge hazardous air pollutants, including, but
not limited to, pollutants that meet the definition of a hazardous
substance, and whose process or operation is identified as an
emission source pursuant to the most recent list of source categories
published by the State Air Resources Board.
(9) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles
in a rural area as defined in Section 50101 of the Health and Safety
Code, and 100,000 vehicles in an urban area, as defined in Section
50104.7 of the Health and Safety Code.
17213.1. As a condition of receiving state funding pursuant to
Chapter 12.5 (commencing with Section 17070.10), the governing board
of a school district shall comply with subdivision (a), and is not
required to comply with subdivision (a) of Section 17213, prior to
the acquisition of a schoolsite, or if the school district owns or
leases a schoolsite, prior to the construction of a project.
(a) Prior to acquiring a schoolsite, the governing board shall
contract with an environmental assessor to supervise the preparation
of, and sign, a Phase I environmental assessment of the proposed
schoolsite unless the governing board decides to proceed directly to
a preliminary endangerment assessment, in which case it shall comply
with paragraph (4).
(1) The Phase I environmental assessment shall contain one of the
following recommendations:
(A) A further investigation of the site is not required.
(B) A preliminary endangerment assessment is needed, including
sampling or testing, to determine the following:
(i) If a release of hazardous material has occurred and, if so,
the extent of the release.
(ii) If there is the threat of a release of hazardous materials.
(iii) If a naturally occurring hazardous material is present.
(2) If the Phase I environmental assessment concludes that further
investigation of the site is not required, the signed assessment,
proof that the environmental assessor meets the qualifications
specified in subdivision (b) of Section 17210, and the renewal fee
shall be submitted to the Department of Toxic Substances Control. The
Department of Toxic Substances Control shall conduct its review and
approval, within 30 calendar days of its receipt of that assessment,
proof of qualifications, and the renewal fee. In those instances in
which the Department of Toxic Substances Control requests additional
information after receipt of the Phase I environmental assessment
pursuant to paragraph (3), the Department of Toxic Substances Control
shall conduct its review and approval within 30 calendar days of its
receipt of the requested additional information. If the Department
of Toxic Substances Control concurs with the conclusion of the Phase
I environmental assessment that a further investigation of the site
is not required, the Department of Toxic Substances Control shall
approve the Phase I environmental assessment and shall notify, in
writing, the State Department of Education and the governing board of
the school district of the approval.
(3) If the Department of Toxic Substances Control determines that
the Phase I environmental assessment is not complete or disapproves
the Phase I environmental assessment, the department shall inform the
school district of the decision, the basis for the decision, and
actions necessary to secure department approval of the Phase I
environmental assessment. The school district shall take actions
necessary to secure the approval of the Phase I environmental
assessment, elect to conduct a preliminary endangerment assessment,
or elect not to pursue the acquisition or the construction project.
To facilitate completion of the Phase I environmental assessment, the
information required by this paragraph may be provided by telephonic
or electronic means.
(4) (A) If the Department of Toxic Substances Control concludes
after its review of a Phase I environmental assessment pursuant to
this section that a preliminary endangerment assessment is needed,
the Department of Toxic Substances Control shall notify, in writing,
the State Department of Education and the governing board of the
school district of that decision and the basis for that decision. The
school district shall submit to the State Department of Education
the Phase I environmental assessment and requested additional
information, if any, that was reviewed by the Department of Toxic
Substances Control pursuant to that subparagraph. Submittal of the
Phase I assessment and additional information, if any, to the State
Department of Education shall be prior to the State Department of
Education issuance of final site or plan approvals affect by that
Phase I assessment.
(B) If the Phase I environmental assessment concludes that a
preliminary endangerment assessment is needed, or if the Department
of Toxic Substances Control concludes after it reviews a Phase I
environmental assessment pursuant to this section that a preliminary
endangerment assessment is needed, the school district shall either
contract with an environmental assessor to supervise the preparation
of, and sign, a preliminary endangerment assessment of the proposed
schoolsite and enter into an agreement with the Department of Toxic
Substances Control to oversee the preparation of the preliminary
endangerment assessment or elect not to pursue the acquisition or
construction project. The agreement entered into with the Department
of Toxic Substances Control may be entitled an "Environmental
Oversight Agreement" and shall reference this paragraph. A school
district may, with the concurrence of the Department of Toxic
Substances Control, enter into an agreement with the Department of
Toxic Substances Control to oversee the preparation of a preliminary
endangerment assessment without first having prepared a Phase I
environmental assessment. Upon request from the school district, the
Director of the Department of Toxic Substances Control shall exercise
its authority to designate a person to enter the site and inspect
and obtain samples pursuant to Section 25358.1 of the Health and
Safety Code, if the director determines that the exercise of that
authority will assist in expeditiously completing the preliminary
endangerment assessment. The preliminary endangerment assessment
shall contain one of the following conclusions:
(i) A further investigation of the site is not required.
(ii) A release of hazardous materials has occurred, and if so, the
extent of the release, that there is the threat of a release of
hazardous materials, or that a naturally occurring hazardous material
is present, or any combination thereof.
(5) The school district shall submit the preliminary endangerment
assessment to the Department of Toxic Substances Control for its
review and approval and to the State Department of Education for its
files. The school district may entitle a document that is meant to
fulfill the requirements of a preliminary endangerment assessment a
"preliminary environmental assessment" and that document shall be
deemed to be a preliminary endangerment assessment if it specifically
refers to the statutory provisions whose requirements it intends to
meet and the document meets the requirements of a preliminary
endangerment assessment.
(6) At the same time a school district submits a preliminary
endangerment assessment to the Department of Toxic Substances Control
pursuant to paragraph (5), the school district shall publish a
notice that the assessment has been submitted to the department in a
local newspaper of general circulation, and shall post the notice in
a prominent manner at the proposed schoolsite that is the subject of
that notice. The notice shall state the school district's
determination to make the preliminary endangerment assessment
available for public review and comment pursuant to subparagraph (A)
or (B):
(A) If the school district chooses to make the assessment
available for public review and comment pursuant to this
subparagraph, it shall offer to receive written comments for a period
of at least 30 calendar days after the assessment is submitted to
the Department of Toxic Substances Control, commencing on the date
the notice is originally published, and shall hold a public hearing
to receive further comments. The school district shall make all of
the following documents available to the public upon request through
the time of the public hearing:
(i) The preliminary endangerment assessment.
(ii) The changes requested by the Department of Toxic Substances
Control for the preliminary endangerment assessment, if any.
(iii) Any correspondence between the school district and the
Department of Toxic Substances Control that relates to the
preliminary endangerment assessment.
For the purposes of this subparagraph, the notice of the public
hearing shall include the date and location of the public hearing,
and the location where the public may review the documents described
in clauses (i) to (iii), inclusive. If the preliminary endangerment
assessment is revised or altered following the public hearing, the
school district shall make those revisions or alterations available
to the public. The school district shall transmit a copy of all
public comments received by the school district on the preliminary
endangerment assessment to the Department of Toxic Substances
Control. The Department of Toxic Substances Control shall complete
its review of the preliminary endangerment assessment and public
comments received thereon and shall either approve or disapprove the
assessment within 30 calendar days of the close of the public review
period. If the Department of Toxic Substances Control determines that
it is likely to disapprove the assessment prior to its receipt of
the public comments, it shall inform the school district of that
determination and of any action that the school district is required
to take for the Department of Toxic Substances Control to approve the
assessment.
(B) If the school district chooses to make the preliminary
endangerment assessment available for public review and comment
pursuant to this subparagraph, the Department of Toxic Substances
Control shall complete its review of the assessment within 60
calendar days of receipt of the assessment and shall either return
the assessment to the school district with comments and requested
modifications or requested further assessment or concur with the
adequacy of the assessment pending review of public comment. If the
Department of Toxic Substances Control concurs with the adequacy of
the assessment, and the school district proposes to proceed with site
acquisition or a construction project, the school district shall
make the assessment available to the public on the same basis and at
the same time it makes available the draft environmental impact
report or negative declaration pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) for the site, unless the
document developed pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) will not be made available until more than 90 days
after the assessment is approved, in which case the school district
shall, within 60 days of the approval of the assessment, separately
publish a notice of the availability of the assessment for public
review in a local newspaper of general circulation. The school
district shall hold a public hearing on the preliminary endangerment
assessment and the draft environmental impact report or negative
declaration at the same time, pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code). All public comments pertaining
to the preliminary endangerment assessment shall be forwarded to the
Department of Toxic Substances Control immediately. The Department of
Toxic Substances Control shall review the public comments forwarded
by the school district and shall approve or disapprove the
preliminary endangerment assessment within 30 days of the district's
approval action of the environmental impact report or the negative
declaration.
(7) The school district shall comply with the public participation
requirements of Sections 25358.7 and 25358.7.1 of the Health and
Safety Code and other applicable provisions of the state act with
respect to those response actions only if further response actions
beyond a preliminary endangerment assessment are required and the
district determines that it will proceed with the acquisition or
construction project.
(8) If the Department of Toxic Substances Control disapproves the
preliminary endangerment assessment, it shall inform the district of
the decision, the basis for the decision, and actions necessary to
secure the Department of Toxic Substances Control approval of the
assessment. The school district shall take actions necessary to
secure the approval of the Department of Toxic Substances Control of
the preliminary endangerment assessment or elect not to pursue the
acquisition or construction project.
(9) If the preliminary endangerment assessment determines that a
further investigation of the site is not required and the Department
of Toxic Substances Control approves this determination, it shall
notify the State Department of Education and the school district of
its approval. The school district may then proceed with the
acquisition or construction project.
(10) If the preliminary endangerment assessment determines that a
release of hazardous material has occurred, that there is the threat
of a release of hazardous materials, that a naturally occurring
hazardous material is present, or any combination thereof, that
requires further investigation, and the Department of Toxic
Substances Control approves this determination, the school district
may elect not to pursue the acquisition or construction project. If
the school district elects to pursue the acquisition or construction
project, it shall do all of the following:
(A) Prepare a financial analysis that estimates the cost of
response action that will be required at the proposed schoolsite.
(B) Assess the benefits that accrue from using the proposed
schoolsite when compared to the use of alternative schoolsites, if
any.
(C) Obtain the approval of the State Department of Education that
the proposed schoolsite meets the schoolsite selection standards
adopted by the State Department of Education pursuant to subdivision
(b) of Section 17251.
(D) Evaluate the suitability of the proposed schoolsite in light
of the recommended alternative schoolsite locations in order of merit
if the school district has requested the assistance of the State
Department of Education, based upon the standards of the State
Department of Education, pursuant to subdivision (a) of Section
17251.
(11) The school district shall reimburse the Department of Toxic
Substances Control for all of the department's response costs.
(b) The costs incurred by the school districts when complying with
this section are allowable costs for purposes of an applicant under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be
reimbursed in accordance with Section 17072.13.
(c) A school district that releases a Phase I environmental
assessment, a preliminary endangerment assessment, or information
concerning either of these assessments, any of which is required by
this section, may not be held liable in any action filed against the
school district for making either of these assessments available for
public review.
(d) The changes made to this section by the act amending this
section during the 2001 portion of the 2001-02 Regular Session do not
apply to a schoolsite acquisition project or a school construction
project, if either of the following occurred on or before the
effective date of the act amending this section during the 2001
portion of the 2001-02 Regular Session:
(1) The final preliminary endangerment assessment for the project
was approved by the Department of Toxic Substances Control pursuant
to this section as this section read on the date of the approval.
(2) The school district seeking state funding for the project
completed a public hearing for the project pursuant to this section,
as this section read on the date of the hearing.
17213.2. As a condition of receiving state funds pursuant to
Chapter 12.5 (commencing with Section 17070.10), all of the following
apply:
(a) If a preliminary endangerment assessment prepared pursuant to
Section 17213.1 discloses the presence of a hazardous materials
release, or threatened release, or the presence of naturally
occurring hazardous materials, at a proposed schoolsite at
concentrations that could pose a significant risk to children or
adults, and the school district owns the proposed schoolsite, the
school district shall enter into an agreement with the Department of
Toxic Substances Control to oversee response action at the site and
shall take response action pursuant to the requirements of the state
act as may be required by the Department of Toxic Substances Control.
(b) Notwithstanding subdivision (a), a school district need not
take action in response to a release of hazardous material to
groundwater underlying the schoolsite if the release occurred at a
site other than the schoolsite and if the following conditions apply:
(1) The school district did not cause or contribute to the release
of a hazardous material to the groundwater.
(2) Upon the request of the Department of Toxic Substances Control
or its authorized representative the school district provides the
Department of Toxic Substances Control or its authorized
representative with access to the schoolsite.
(3) The school district does not interfere with the response
action activities.
(c) If at anytime during the response action the school district
determines that there has been a significant increase in the
estimated cost of the response action, the school district shall
notify the State Department of Education.
(d) A school district that is required by the Department of Toxic
Substances Control to take response action at a proposed schoolsite
is subject to both of the following prohibitions:
(1) The school district may not begin construction of a school
building until the Department of Toxic Substances Control determines
all of the following:
(A) That the construction will not interfere with the response
action.
(B) That site conditions will not pose a significant threat to the
health and safety of workers involved in the construction of the
school building.
(C) That the nature and extent of any release or threatened
release of hazardous materials or the presence of any naturally
occurring hazardous materials have been fully characterized.
(2) The school district may not occupy a school building following
construction until it obtains from the Department of Toxic
Substances Control a certification that all response actions, except
for operation and maintenance activities, necessary to ensure that
hazardous materials at the schoolsite no longer pose a significant
risk to children and adults at the schoolsite have been completed and
that the response action standards and objectives established in the
final removal action work plan or remedial action plan have been met
and are being maintained. After a school building is constructed and
occupied, a school district may continue with ongoing operation and
maintenance activities if the Department of Toxic Substances Control
certifies before occupancy that neither site conditions nor the
ongoing operation and maintenance activities pose a significant risk
to children or adults at the schoolsite.
(e) If, at anytime during construction at a schoolsite, a
previously unidentified release or threatened release of a hazardous
material or the presence of a naturally occurring hazardous material
is discovered, the school district shall cease all construction
activities at the sites notify the Department of Toxic Substances
Control, and take actions required by subdivision (a) that are
necessary to address the release or threatened release or the
presence of any naturally occurring hazardous materials. Construction
may be resumed if the Department of Toxic Substances Control
determines that the construction will not interfere with any response
action necessary to address the hazardous material release or
threatened release or the presence of a naturally occurring hazardous
material, determines that the site conditions will not pose a
significant threat to the health and safety of workers involved in
the construction of the schoolsite, and certifies that the nature and
extent of the release, threatened release, or presence of a
naturally occurring hazardous material have been fully characterized.
(f) Construction may proceed at any portions of the site that the
Department of Toxic Substances Control determines are not affected by
the release or threatened release of hazardous materials, or
presence of any naturally occurring hazardous materials, provided
that all of the following apply:
(1) Those portions of the site have been fully characterized.
(2) The Department of Toxic Substances Control determines that the
construction will not interfere with any response action necessary
to address the release or threatened release of hazardous materials,
or presence of any naturally occurring hazardous materials.
(3) The site conditions will not pose a significant threat to the
health and safety of workers involved with construction.
(g) The Department of Toxic Substances Control shall notify the
State Department of Education, the Division of the State Architect,
and the Office of Public School Construction when the Department of
Toxic Substances Control certifies that all necessary response
actions have been completed at a schoolsite. The Department of Toxic
Substances Control shall also notify the Division of the State
Architect whenever a response action has an impact on the design of a
school facility and shall specify the conditions that must be met in
the design of the school facility in order to protect the integrity
of the response action.
(h) The school district shall reimburse the Department of Toxic
Substances Control for all response costs incurred by the department.
(i) The costs incurred by the school districts when complying with
this section are allowable costs for purposes of an applicant under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be
reimbursed in accordance with Section 17072.13.
17215. (a) In order to promote the safety of pupils, comprehensive
community planning, and greater educational usefulness of
schoolsites, before acquiring title to or leasing property for a new
schoolsite, the governing board of each school district, including
any district governed by a city board of education, or a charter
school, shall give the State Department of Education written notice
of the proposed acquisition or lease and shall submit any information
required by the State Department of Education if the site is within
two miles, measured by air line, of that point on an airport runway
or a potential runway included in an airport master plan that is
nearest to the site.
(b) Upon receipt of the notice required pursuant to subdivision
(a), the State Department of Education shall notify the Department of
Transportation in writing of the proposed acquisition or lease. If
the Department of Transportation is no longer in operation, the State
Department of Education shall, in lieu of notifying the Department
of Transportation, notify the United States Department of
Transportation or any other appropriate agency, in writing, of the
proposed acquisition or lease for the purpose of obtaining from the
department or other agency any information or assistance that it may
desire to give.
(c) The Department of Transportation shall investigate the site
and, within 30 working days after receipt of the notice, shall submit
to the State Department of Education a written report of its
findings including recommendations concerning acquisition or lease of
the site. As part of the investigation, the Department of
Transportation shall give notice thereof to the owner and operator of
the airport who shall be granted the opportunity to comment upon the
site. The Department of Transportation shall adopt regulations
setting forth the criteria by which a site will be evaluated pursuant
to this section.
(d) The State Department of Education shall, within 10 days of
receiving the Department of Transportation's report, forward the
report to the governing board of the school district or charter
school. The governing board or charter school may not acquire title
to or lease the property until the report of the Department of
Transportation has been received. If the report does not favor the
acquisition or lease of the property for a schoolsite or an addition
to a present schoolsite, the governing board or charter school may
not acquire title to or lease the property. If the report does favor
the acquisition or lease of the property for a schoolsite or an
addition to a present schoolsite, the governing board or charter
school shall hold a public hearing on the matter prior to acquiring
or leasing the site.
(e) If the Department of Transportation's recommendation does not
favor acquisition or lease of the proposed site, state funds or local
funds may not be apportioned or expended for the acquisition or
lease of that site, construction of any school building on that site,
or for the expansion of any existing site to include that site.
(f) This section does not apply to sites acquired prior to January
1, 1966, nor to any additions or extensions to those sites.
17215.5. (a) Prior to commencing the acquisition of real property
for a new schoolsite in an area designated in a city, county, or city
and county general plan for agricultural use and zoned for
agricultural production, the governing board of a school district
shall make all of the following findings:
(1) The school district has notified and consulted with the city,
county, or city and county within which the prospective schoolsite is
to be located.
(2) The final site selection has been evaluated by the governing
board of the school district based on all factors affecting the
public interest and not limited to selection on the basis of the cost
of the land.
(3) The school district will attempt to minimize any public health
and safety issues resulting from the neighboring agricultural uses
that may affect the pupils and employees at the schoolsite.
(b) Subdivision (a) shall not apply to any schoolsite approved by
the State Department of Education prior to January 1, 1997.
17216. No action undertaken by the State Department of Education or
by any other state agency or by any political subdivision pursuant
to this chapter, or in compliance with this chapter, shall be
construed to affect any rights arising under the provisions of
Section 19 of Article 1 of the California Constitution.
17217. (a) The governing board of a school district may acquire a
site for a school building contiguous to the boundaries of the
district and upon the acquisition of the site it shall become a part
of the district.
(b) The site may not be acquired until all of the following
conditions are met:
(1) A majority of the members of the governing board of the
acquiring school district approves a petition requesting approval of
the acquisition.
(2) The petition is filed with the county superintendent of
schools with jurisdiction over the acquiring school district. If the
site is in a county that is not the county in which the acquiring
school district is located, the petition shall be filed with each of
the county superintendents of the counties concerned. Within 10
working days of the date the petition is filed, each superintendent
of schools of those counties shall notify the governing board of each
school district involved that the petition was filed.
(3) The county committee on school district organization of the
county of the acquiring school district approves the petition. If the
site is in a county that is not the county in which the acquiring
school district is located, each of the county committees on school
district organization concerned shall approve the petition. The
county committees on school district organization shall approve or
disapprove a petition within 60 days from the day the governing board
filed the petition with the county superintendent of schools.
(c) Notwithstanding subdivision (b), if each of the county
committees on school district organization does not approve the
petition as required by paragraph (3) of subdivision (b), the
petition may be submitted to the Superintendent of Public Instruction
for approval. If the Superintendent of Public Instruction approves
the petition, the governing board may acquire the site.
(d) In approving the acquisition of a site pursuant to this
section, the county committees on school district organization and
the Superintendent of Public Instruction shall consider the extent to
which the following are met:
(1) The proposed site acquisition will not promote racial or
ethnic discrimination or segregation.
(2) The proposed site acquisition will not result in any
substantial increase in costs to the state.
(3) The proposed site acquisition will not significantly disrupt
the educational programs in the school districts affected by the
proposed site acquisition and will continue to promote sound
education performance in those school districts.
(4) The proposed site acquisition will not result in a significant
increase in school housing costs.
(5) The proposed site acquisition is not primarily designed to
result in a significant increase in property values causing financial
advantage to property owners because territory was transferred from
one school district to an adjoining school district.
(6) The proposed site acquisition will not cause a substantial
negative effect on the fiscal management or fiscal status of any
school district affected by the proposed site acquisition.
(e) The power of eminent domain may be used for the purposes of
this section.
(f) A schoolsite is contiguous for the purpose of this section
although separated from the boundaries of the district by a road,
street, stream, or other natural or artificial barrier or
right-of-way.
17218. The governing board of a school district which has been
included in a school district unification proposal approved by the
electors of the territory involved pursuant to Chapter 2 (commencing
with Section 4206) of Part 3, may, prior to the time the new unified
school district becomes effective for all purposes, acquire a site
for a school building at any place within the new unified school
district, and upon the acquisition of the site it shall become a part
of the district pending the date when the new unified school
district becomes effective for all purposes. The site shall not be
acquired until the county committee on school district organization
of the county or of each of the counties concerned has received the
proposal for acquisition of the site and reported its recommendations
thereon to the governing boards of the districts concerned and to
each county superintendent of schools concerned. The report of the
county committee shall be made within 60 days from the time the
proposal for acquisition of the site was submitted to it.
17219. (a) Whenever a school district acquires or has acquired a
site for school purposes, as determined by the State Allocation
Board, and does not use the site within (1) five years of the date of
acquisition for the kindergarten, if any, and any of grades 1 to 8,
inclusive, maintained by an elementary school district or a unified
school district, or, (2) seven years of the date of acquisition for
any of grades 7 to 12, inclusive, maintained by a high school
district or a unified school district, or if a school district has a
site at any grade level that has previously been used but has not
been used for school purposes within the preceding five years, the
school district shall be subject to nonuse payments, unless the State
Allocation Board, from time to time, makes a determination that the
school district will utilize the property for the purpose for which
it was intended within a reasonable period of time, in a specific
amount for each additional year in which the site is retained and not
used by the district beyond the foregoing specified periods, except
the first additional year shall be deemed to end not earlier than
April 30, 1973.
(b) Payment shall not be required under this section as to any
site having a value of twenty thousand dollars ($20,000) or less.
Commencing on January 1, 1988, and annually thereafter, the State
Allocation Board shall increase this exemption figure by the amount
of the current fiscal year inflation adjustment specified in Section
42238.1, if any.
(c) The payments required shall be computed by the Executive
Officer of the State Allocation Board and certified to the
Controller, and payments shall be equal to one one-hundredth (1/100)
of the original purchase price of the site modified by either a
factor reflecting the change in assessed value of all lands in the
state from the date of purchase of the site to the current date or
any other factor that in the determination of the State Allocation
Board is applicable to the site under consideration.
(d) Whenever the State Allocation Board has determined that a
school district in good faith has, within the preceding year,
advertised the schoolsite for sale to the highest bidder pursuant to
the provisions of Article 4 (commencing with Section 17455) of
Chapter 4 of Part 10.5 and has received no bids that in the judgment
of the State Allocation Board reflect the fair market value of the
property, the Executive Officer of the State Allocation Board shall
not compute any nonuse payments for the site for a period of one year
beyond the date of the determination.
(e) Nonuse payments shall not be required for any year with
respect to a schoolsite that for one-half or more of the number of
days of that year has been utilized for any of the following
purposes:
(1) By the school district, or by any other governmental entity
pursuant to agreement with the school district, for school purposes,
for use as a civic center, or for community playground, playing
field, or other outdoor recreational purposes. "Civic center," for
this purpose, means a site used for one or more of the purposes
described in Section 40041.
(2) By the State Allocation Board, pursuant to agreement with the
school district, for the storage of emergency portable classrooms.
(3) By the school district, or by any other public or private
entity pursuant to agreement with the school district, for the
operation of a child care program.
(f) Nonuse payments shall not be required for any year with
respect to a schoolsite that was leased at least one-half of the days
in that year in a manner that subjected the site to property taxes
equal to the taxes that would have been paid if the site had been
sold.
17220. If the State Allocation Board determines a school district
to be exempt from the requirement to make nonuse payments for any
year as to any schoolsite on any basis authorized under subdivision
(e) or (f) of Section 17219, that exemption shall continue to apply
to that schoolsite for each subsequent year for which the
superintendent of the school district certifies to the State
Allocation Board, on a timely basis, that the basis of exemption
continues to exist.
17221. The amount of any nonuse payments required of any school
district under Section 17219 shall be reduced, without regard to
fiscal year, by the amount of the proceeds, resulting from the lease
of district property that is subject to that section, that are
expended by the district the payment of bond debt service costs that
are directly related to the actual construction of school facilities.
17222. The Controller shall, during the next fiscal year following
that in which the Executive Officer of the State Allocation Board
certifies to him or her the amount of payment, deduct the total
amount of the payment of each district in equal amounts from each of
the February, March, April and May installments of the apportionments
made to the district from the State School Fund under Sections
46304, 46305, and 41050, Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive, whichever are in effect. However,
in no event shall the deductions exceed an amount which would result
in a district's receiving, in any school year, from the State School
Fund, less than one hundred twenty dollars ($120) per pupil in
average daily attendance in the district during the preceding school
year. On order of the Controller, the amount so deducted shall be
transferred to the State School Site Utilization Fund which is hereby
created.
17223. (a) Whenever a school district has either begun to use an
unused site or has sold that site within two years of the date the
Controller, pursuant to Section 17222, has deducted a certified
nonuse payment from the district's State School Fund apportionment,
the State Allocation Board shall certify that fact to the Controller.
The Controller shall then cease to withhold any additional payments
and shall return to the district from the State School Site
Utilization Fund the payments, without interest, which had been
withheld for the particular site during the prior fiscal year and the
current fiscal year.
(b) If the school district begins to use or has sold the site more
than two years after the aforesaid date, the State Allocation Board
shall so certify to the Controller and no further payments shall be
withheld as specified in Section 17222.
17224. Any funds in the State School Site Utilization Fund,
including interest, that are not subject to return to a school
district pursuant to Section 17223 shall revert to the Deferred
Maintenance Fund.
17210. As used in this article, the following terms have the
following meanings:
(a) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(b) "Environmental assessor" means a class II environmental
assessor registered by the Office of Environmental Health Hazard
Assessment pursuant to Chapter 6.98 (commencing with Section 25570)
of Division 20 of the Health and Safety Code, a professional engineer
registered in this state, a geologist registered in this state, a
certified engineering geologist registered in this state, or a
licensed hazardous substance contractor certified pursuant to Chapter
9 (commencing with Section 7000) of Division 3 of the Business and
Professions Code. A licensed hazardous substance contractor shall
hold the equivalent of a degree from an accredited public or private
college or university or from a private postsecondary educational
institution approved by the Bureau for Private Postsecondary and
Vocational Education with at least 60 units in environmental,
biological, chemical, physical, or soil science; engineering;
geology; environmental or public health; or a directly related
science field. In addition, any person who conducts phase I
environmental assessments shall have at least two years' experience
in the preparation of those assessments and any person who conducts a
preliminary endangerment assessment shall have at least three years'
experience in conducting those assessments.
(c) "Handle" has the meaning the term is given in Article 1
(commencing with Section 25500) of Chapter 6.95 of Division 20 of the
Health and Safety Code.
(d) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(e) "Hazardous material" has the meaning the term is given in
subdivision (d) of Section 25260 of the Health and Safety Code.
(f) "Operation and maintenance," "removal action work plan,"
"respond," "response," "response action," and "site" have the
meanings those terms are given in Article 2 (commencing with Section
25310) of the state act.
(g) "Phase I environmental assessment" means a preliminary
assessment of a property to determine whether there has been or may
have been a release of a hazardous material, or whether a naturally
occurring hazardous material is present, based on reasonably
available information about the property and the area in its
vicinity. A phase I environmental assessment may include, but is not
limited to, a review of public and private records of current and
historical land uses, prior releases of a hazardous material, data
base searches, review of relevant files of federal, state, and local
agencies, visual and other surveys of the property, review of
historical aerial photographs of the property and the area in its
vicinity, interviews with current and previous owners and operators,
and review of regulatory correspondence and environmental reports.
Sampling or testing is not required as part of the phase I
environmental assessment. A phase I environmental assessment
conducted pursuant to the requirements adopted by the American
Society for Testing and Materials for due diligence for commercial
real estate transactions and that includes a review of all reasonably
available records and data bases regarding current and prior gas or
oil wells and naturally occurring hazardous materials located on the
site or located where they could potentially effect the site,
satisfies the requirements of this article for conducting a phase I
environmental assessment unless and until the Department of Toxic
Substances Control adopts final regulations that establish guidelines
for a phase I environmental assessment for purposes of schoolsites
that impose different requirements from those imposed by the American
Society for Testing and Materials.
(h) "Preliminary endangerment assessment" means an activity that
is performed to determine whether current or past hazardous material
management practices or waste management practices have resulted in a
release or threatened release of hazardous materials, or whether
naturally occurring hazardous materials are present, which pose a
threat to children's health, children's learning abilities, public
health or the environment. A preliminary endangerment assessment
requires sampling and analysis of a site, a preliminary determination
of the type and extent of hazardous material contamination of the
site, and a preliminary evaluation of the risks that the hazardous
material contamination of a site may pose to children's health,
public health, or the environment, and shall be conducted in a manner
that complies with the guidelines published by the Department of
Toxic Substances Control entitled "Preliminary Endangerment
Assessment: Guidance Manual," including any amendments that are
determined by the Department of Toxic Substances Control to be
appropriate to address issues that are unique to schoolsites.
(i) "Proposed schoolsite" means real property acquired or to be
acquired or proposed for use as a schoolsite, prior to its occupancy
as a school.
(j) "Regulated substance" means any material defined in
subdivision (g) of Section 25532 of the Health and Safety Code.
(k) "Release" has the same meaning the term is given in Article 2
(commencing with Section 25310) of Chapter 6.8 of Division 20 of the
Health and Safety Code, and includes a release described in
subdivision (d) of Section 25321 of the Health and Safety Code.
(l) "Remedial action plan" means a plan approved by the Department
of Toxic Substances Control pursuant to Section 25356.1 of the
Health and Safety Code.
(m) "State act" means the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Chapter 6.8 (commencing with Section 25300) of
Division 20 of the Health and Safety Code).
17210.1. (a) Notwithstanding any other provision of law:
(1) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10) of Part 10, the state act applies to
schoolsites where naturally occurring hazardous materials are
present, regardless of whether there has been a release or there is a
threatened release of a hazardous material.
(2) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10) of Part 10, all references in the state act to
hazardous substances shall be deemed to include hazardous materials
and all references in the state act to public health shall be deemed
to include children's health.
(3) All risk assessments conducted by school districts that elect
to receive state funds pursuant to Chapter 12.5 (commencing with
Section 17070.10) of Part 10 at sites addressed by this article shall
include a focus on the risks to children's health posed by a
hazardous materials release or threatened release, or the presence of
naturally occurring hazardous materials, on the schoolsite.
(4) The response actions selected under this article shall, at a
minimum, be protective of children's health, with an ample margin of
safety.
(b) In implementing this article, a school district shall provide
a notice to residents in the immediate area prior to the commencement
of work on a preliminary endangerment assessment utilizing a format
developed by the Department of Toxic Substances Control.
(c) Nothing in this article shall be construed to limit the
authority of the Department of Toxic Substances Control or the State
Department of Education to take any action otherwise authorized under
any other provision of law.
(d) Unless the Legislature otherwise funds its costs for
overseeing actions taken pursuant to this article, the Department of
Toxic Substances Control shall comply with Chapter 6.66 (commencing
with Section 25269) of Division 20 of the Health and Safety Code when
recovering its costs incurred in carrying out its duties pursuant to
this article.
(e) Article 11 (commencing with Section 25220) of Chapter 6.5 of
Division 20 of the Health and Safety Code does not apply to
schoolsites at which all necessary response actions have been
completed.
17211. Prior to commencing the acquisition of real property for a
new schoolsite or an addition to an existing schoolsite, the
governing board of a school district shall evaluate the property at a
public hearing using the site selection standards established by the
State Department of Education pursuant to subdivision (b) of Section
17251. The governing board may direct the district's advisory
committee established pursuant to Section 17388 to evaluate the
property pursuant to those site selection standards and to report its
findings to the governing board at the public hearing.
17212. The governing board of a school district, prior to acquiring
any site on which it proposes to construct any school building as
defined in Section 17283 shall have the site, or sites, under
consideration investigated by competent personnel to ensure that the
final site selection is determined by an evaluation of all factors
affecting the public interest and is not limited to selection on the
basis of raw land cost only. If the prospective schoolsite is located
within the boundaries of any special studies zone or within an area
designated as geologically hazardous in the safety element of the
local general plan as provided in subdivision (g) of Section 65302 of
the Government Code, the investigation shall include any geological
and soil engineering studies by competent personnel needed to provide
an assessment of the nature of the site and potential for earthquake
or other geologic hazard damage.
The geological and soil engineering studies of the site shall be
of such a nature as will preclude siting of a school in any location
where the geological and site characteristics are such that the
construction effort required to make the school building safe for
occupancy is economically unfeasible. No studies are required to be
made if the site or sites under consideration have been the subject
of adequate prior studies. The evaluation shall also include location
of the site with respect to population, transportation, water
supply, waste disposal facilities, utilities, traffic hazards,
surface drainage conditions, and other factors affecting the
operating costs, as well as the initial costs, of the total project.
For the purposes of this article, a special studies zone is an
area which is identified as a special studies zone on any map, or
maps, compiled by the State Geologist pursuant to Chapter 7.5
(commencing with Section 2621) of Division 2 of the Public Resources
Code.
17212.1. It is the intent of the Legislature that corporations,
public utilities, local publicly owned utilities, governmental
agencies, and school districts work collaboratively in assessing the
safety of a proposed schoolsite or addition to an existing
schoolsite.
17212.2. (a) The governing board of a school district may make a
written request upon a person, corporation, public utility, local
publicly owned utility, or governmental agency for information
necessary or useful to assess and determine the safety of a proposed
schoolsite or an addition to an existing schoolsite, pursuant to
Section 17251 and this chapter, including pipelines, electric
transmission and distribution lines, railroads, and storage tanks.
The written request shall identify the physical location of the
schoolsite for which information is sought, describe the information
sought, and contain a statement as to why the information is needed
or useful. Information requested may include all of the following:
(1) Railroad operations involving hazardous or toxic materials, as
reported to a governmental agency; frequency, speed, and schedule of
railroad traffic; grade, curves, and condition of railroad tracks;
and railroad accident occurrence.
(2) Whether there are existing pipelines, planned pipelines, or
easements for pipelines on, or in proximity to, as specified pursuant
to regulations adopted pursuant to Section 17251, the schoolsite,
including the location of the pipeline, the age of the pipeline, the
pipeline material, the class of pipeline, the diameter of the
pipeline, the depth at which the pipeline is buried, the wall
thickness of the pipeline, the product or products transported by the
pipeline, the operating pressure of the pipeline, the history of
spills or leaks of material being transported by the pipeline, as
reported to a governmental agency, and the location of the shutoff
valves for the pipeline that are capable of preventing or halting the
transport of product or products to the schoolsite.
(3) Whether there are easements for planned or existing lines for
the transmission or distribution of electricity, electrical
transformers, or electrical substations on or in proximity to, as
specified pursuant to regulations adopted pursuant to Section 17251,
the schoolsite, the location of easements for, planned, or existing
lines, transformers, or substations, the voltages currently handled
or planned to be handled by the line, transformer, or substation, the
ground clearance, if applicable, of a line, transformer, or
substation, and the depth of burial, if applicable, of the line,
transformer, or substation as specified by the Public Utilities
Commission.
(4) The location, age, construction type, safety record, and
product stored in a storage tank.
(b) A person, corporation, public utility, local publicly owned
utility, or governmental agency receiving a written request for
information pursuant to this section shall provide a written response
within 30 calendar days of receipt of the request, that provides the
requested information, identifies available public information or an
available report to a governmental agency, or provides written
justification why the requested information is not being provided. A
claim that the requested information is proprietary or confidential
is a legitimate justification for the requested information to not be
provided. The governing board of a school district may grant
additional time to respond to a request for information pursuant to
this section.
(c) A school district may file a complaint with the appropriate
regulatory agency or legislative body for a violation of the
requirements of this section. The regulatory agency or legislative
body may appoint a representative to work toward informally resolving
the complaint.
17212.5. Geological and soil engineering studies as described in
Section 17212 shall be made, within the boundaries of any special
studies zone, for the construction of any school building as defined
in Section 17283, or if the estimated cost exceeds twenty-five
thousand dollars ($25,000), for the reconstruction or alteration of
or addition to any school building for work which alters structural
elements. The Department of General Services may require similar
geological and soil engineering studies for the construction or
alteration of any school building on a site located outside of the
boundaries of any special studies zone. No studies need be made if
the site under consideration has been the subject of adequate prior
studies.
No school building shall be constructed, reconstructed, or
relocated on the trace of a geological fault along which surface
rupture can reasonably be expected to occur within the life of the
school building.
A copy of the report of each investigation conducted pursuant to
this section shall be submitted to the Department of General Services
pursuant to Article 3 (commencing with Section 17280) of this
chapter and to the State Department of Education. The cost of
geological and soil engineering studies and investigations conducted
pursuant to this section may be treated as a capital expenditure. The
dollar amount set forth in this section shall be increased on an
annual basis, according to a construction costs inflation index
recognized and selected by the department.
17213. The governing board of a school district may not approve a
project involving the acquisition of a schoolsite by a school
district, unless all of the following occur:
(a) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, determines that the property
purchased or to be built upon is not any of the following:
(1) The site of a current or former hazardous waste disposal site
or solid waste disposal site, unless if the site was a former solid
waste disposal site, the governing board of the school district
concludes that the wastes have been removed.
(2) A hazardous substance release site identified by the
Department of Toxic Substances Control in a current list adopted
pursuant to Section 25356 of the Health and Safety Code for removal
or remedial action pursuant to Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code.
(3) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
extremely hazardous substances, or hazardous wastes, unless the
pipeline is a natural gas line that is used only to supply natural
gas to that school or neighborhood.
(b) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, in preparing the environmental
impact report or negative declaration has consulted with the
administering agency in which the proposed schoolsite is located,
pursuant to Section 2735.3 of Title 19 of the California Code of
Regulations, and with any air pollution control district or air
quality management district having jurisdiction in the area, to
identify both permitted and nonpermitted facilities within that
district's authority, including, but not limited to, freeways and
other busy traffic corridors, large agricultural operations, and
railyards, within one-fourth of a mile of the proposed schoolsite,
that might reasonably be anticipated to emit hazardous air emissions,
or to handle hazardous or extremely hazardous materials, substances,
or waste. The school district, as the lead agency, shall include a
list of the locations for which information is sought.
(c) The governing board of the school district makes one of the
following written findings:
(1) Consultation identified none of the facilities or significant
pollution sources specified in subdivision (b).
(2) The facilities or other pollution sources specified in
subdivision (b) exist, but one of the following conditions applies:
(A) The health risks from the facilities or other pollution
sources do not and will not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the school.
(B) The governing board finds that corrective measures required
under an existing order by another governmental entity that has
jurisdiction over the facilities or other pollution sources will,
before the school is occupied, result in the mitigation of all
chronic or accidental hazardous air emissions to levels that do not
constitute an actual or potential endangerment of public health to
persons who would attend or be employed at the proposed school. If
the governing board makes this finding, the governing board shall
also make a subsequent finding, prior to the occupancy of the school,
that the emissions have been mitigated to these levels.
(C) For a schoolsite with a boundary that is within 500 feet of
the edge of the closest traffic lane of a freeway or other busy
traffic corridor, the governing board of the school district
determines, through analysis pursuant to paragraph (2) of subdivision
(b) of Section 44360 of the Health and Safety Code, based on
appropriate air dispersion modeling, and after considering any
potential mitigation measures, that the air quality at the proposed
site is such that neither short-term nor long-term exposure poses
significant health risks to pupils.
(D) The governing board finds that neither of the conditions set
forth in subparagraph (B) or (C) can be met, and the school district
is unable to locate an alternative site that is suitable due to a
severe shortage of sites that meet the requirements in subdivision
(a) of Section 17213. If the governing board makes this finding, the
governing board shall adopt a statement of Overriding Considerations
pursuant to Section 15093 of Title 14 of the California Code of
Regulations.
(d) As used in this section:
(1) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(2) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(3) "Extremely hazardous substances" means any material defined
pursuant to paragraph (2) of subdivision (g) of Section 25532 of the
Health and Safety Code.
(4) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(5) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(6) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
(8) "Facilities" means any source with a potential to use,
generate, emit or discharge hazardous air pollutants, including, but
not limited to, pollutants that meet the definition of a hazardous
substance, and whose process or operation is identified as an
emission source pursuant to the most recent list of source categories
published by the State Air Resources Board.
(9) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles
in a rural area as defined in Section 50101 of the Health and Safety
Code, and 100,000 vehicles in an urban area, as defined in Section
50104.7 of the Health and Safety Code.
17213.1. As a condition of receiving state funding pursuant to
Chapter 12.5 (commencing with Section 17070.10), the governing board
of a school district shall comply with subdivision (a), and is not
required to comply with subdivision (a) of Section 17213, prior to
the acquisition of a schoolsite, or if the school district owns or
leases a schoolsite, prior to the construction of a project.
(a) Prior to acquiring a schoolsite, the governing board shall
contract with an environmental assessor to supervise the preparation
of, and sign, a Phase I environmental assessment of the proposed
schoolsite unless the governing board decides to proceed directly to
a preliminary endangerment assessment, in which case it shall comply
with paragraph (4).
(1) The Phase I environmental assessment shall contain one of the
following recommendations:
(A) A further investigation of the site is not required.
(B) A preliminary endangerment assessment is needed, including
sampling or testing, to determine the following:
(i) If a release of hazardous material has occurred and, if so,
the extent of the release.
(ii) If there is the threat of a release of hazardous materials.
(iii) If a naturally occurring hazardous material is present.
(2) If the Phase I environmental assessment concludes that further
investigation of the site is not required, the signed assessment,
proof that the environmental assessor meets the qualifications
specified in subdivision (b) of Section 17210, and the renewal fee
shall be submitted to the Department of Toxic Substances Control. The
Department of Toxic Substances Control shall conduct its review and
approval, within 30 calendar days of its receipt of that assessment,
proof of qualifications, and the renewal fee. In those instances in
which the Department of Toxic Substances Control requests additional
information after receipt of the Phase I environmental assessment
pursuant to paragraph (3), the Department of Toxic Substances Control
shall conduct its review and approval within 30 calendar days of its
receipt of the requested additional information. If the Department
of Toxic Substances Control concurs with the conclusion of the Phase
I environmental assessment that a further investigation of the site
is not required, the Department of Toxic Substances Control shall
approve the Phase I environmental assessment and shall notify, in
writing, the State Department of Education and the governing board of
the school district of the approval.
(3) If the Department of Toxic Substances Control determines that
the Phase I environmental assessment is not complete or disapproves
the Phase I environmental assessment, the department shall inform the
school district of the decision, the basis for the decision, and
actions necessary to secure department approval of the Phase I
environmental assessment. The school district shall take actions
necessary to secure the approval of the Phase I environmental
assessment, elect to conduct a preliminary endangerment assessment,
or elect not to pursue the acquisition or the construction project.
To facilitate completion of the Phase I environmental assessment, the
information required by this paragraph may be provided by telephonic
or electronic means.
(4) (A) If the Department of Toxic Substances Control concludes
after its review of a Phase I environmental assessment pursuant to
this section that a preliminary endangerment assessment is needed,
the Department of Toxic Substances Control shall notify, in writing,
the State Department of Education and the governing board of the
school district of that decision and the basis for that decision. The
school district shall submit to the State Department of Education
the Phase I environmental assessment and requested additional
information, if any, that was reviewed by the Department of Toxic
Substances Control pursuant to that subparagraph. Submittal of the
Phase I assessment and additional information, if any, to the State
Department of Education shall be prior to the State Department of
Education issuance of final site or plan approvals affect by that
Phase I assessment.
(B) If the Phase I environmental assessment concludes that a
preliminary endangerment assessment is needed, or if the Department
of Toxic Substances Control concludes after it reviews a Phase I
environmental assessment pursuant to this section that a preliminary
endangerment assessment is needed, the school district shall either
contract with an environmental assessor to supervise the preparation
of, and sign, a preliminary endangerment assessment of the proposed
schoolsite and enter into an agreement with the Department of Toxic
Substances Control to oversee the preparation of the preliminary
endangerment assessment or elect not to pursue the acquisition or
construction project. The agreement entered into with the Department
of Toxic Substances Control may be entitled an "Environmental
Oversight Agreement" and shall reference this paragraph. A school
district may, with the concurrence of the Department of Toxic
Substances Control, enter into an agreement with the Department of
Toxic Substances Control to oversee the preparation of a preliminary
endangerment assessment without first having prepared a Phase I
environmental assessment. Upon request from the school district, the
Director of the Department of Toxic Substances Control shall exercise
its authority to designate a person to enter the site and inspect
and obtain samples pursuant to Section 25358.1 of the Health and
Safety Code, if the director determines that the exercise of that
authority will assist in expeditiously completing the preliminary
endangerment assessment. The preliminary endangerment assessment
shall contain one of the following conclusions:
(i) A further investigation of the site is not required.
(ii) A release of hazardous materials has occurred, and if so, the
extent of the release, that there is the threat of a release of
hazardous materials, or that a naturally occurring hazardous material
is present, or any combination thereof.
(5) The school district shall submit the preliminary endangerment
assessment to the Department of Toxic Substances Control for its
review and approval and to the State Department of Education for its
files. The school district may entitle a document that is meant to
fulfill the requirements of a preliminary endangerment assessment a
"preliminary environmental assessment" and that document shall be
deemed to be a preliminary endangerment assessment if it specifically
refers to the statutory provisions whose requirements it intends to
meet and the document meets the requirements of a preliminary
endangerment assessment.
(6) At the same time a school district submits a preliminary
endangerment assessment to the Department of Toxic Substances Control
pursuant to paragraph (5), the school district shall publish a
notice that the assessment has been submitted to the department in a
local newspaper of general circulation, and shall post the notice in
a prominent manner at the proposed schoolsite that is the subject of
that notice. The notice shall state the school district's
determination to make the preliminary endangerment assessment
available for public review and comment pursuant to subparagraph (A)
or (B):
(A) If the school district chooses to make the assessment
available for public review and comment pursuant to this
subparagraph, it shall offer to receive written comments for a period
of at least 30 calendar days after the assessment is submitted to
the Department of Toxic Substances Control, commencing on the date
the notice is originally published, and shall hold a public hearing
to receive further comments. The school district shall make all of
the following documents available to the public upon request through
the time of the public hearing:
(i) The preliminary endangerment assessment.
(ii) The changes requested by the Department of Toxic Substances
Control for the preliminary endangerment assessment, if any.
(iii) Any correspondence between the school district and the
Department of Toxic Substances Control that relates to the
preliminary endangerment assessment.
For the purposes of this subparagraph, the notice of the public
hearing shall include the date and location of the public hearing,
and the location where the public may review the documents described
in clauses (i) to (iii), inclusive. If the preliminary endangerment
assessment is revised or altered following the public hearing, the
school district shall make those revisions or alterations available
to the public. The school district shall transmit a copy of all
public comments received by the school district on the preliminary
endangerment assessment to the Department of Toxic Substances
Control. The Department of Toxic Substances Control shall complete
its review of the preliminary endangerment assessment and public
comments received thereon and shall either approve or disapprove the
assessment within 30 calendar days of the close of the public review
period. If the Department of Toxic Substances Control determines that
it is likely to disapprove the assessment prior to its receipt of
the public comments, it shall inform the school district of that
determination and of any action that the school district is required
to take for the Department of Toxic Substances Control to approve the
assessment.
(B) If the school district chooses to make the preliminary
endangerment assessment available for public review and comment
pursuant to this subparagraph, the Department of Toxic Substances
Control shall complete its review of the assessment within 60
calendar days of receipt of the assessment and shall either return
the assessment to the school district with comments and requested
modifications or requested further assessment or concur with the
adequacy of the assessment pending review of public comment. If the
Department of Toxic Substances Control concurs with the adequacy of
the assessment, and the school district proposes to proceed with site
acquisition or a construction project, the school district shall
make the assessment available to the public on the same basis and at
the same time it makes available the draft environmental impact
report or negative declaration pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) for the site, unless the
document developed pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) will not be made available until more than 90 days
after the assessment is approved, in which case the school district
shall, within 60 days of the approval of the assessment, separately
publish a notice of the availability of the assessment for public
review in a local newspaper of general circulation. The school
district shall hold a public hearing on the preliminary endangerment
assessment and the draft environmental impact report or negative
declaration at the same time, pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code). All public comments pertaining
to the preliminary endangerment assessment shall be forwarded to the
Department of Toxic Substances Control immediately. The Department of
Toxic Substances Control shall review the public comments forwarded
by the school district and shall approve or disapprove the
preliminary endangerment assessment within 30 days of the district's
approval action of the environmental impact report or the negative
declaration.
(7) The school district shall comply with the public participation
requirements of Sections 25358.7 and 25358.7.1 of the Health and
Safety Code and other applicable provisions of the state act with
respect to those response actions only if further response actions
beyond a preliminary endangerment assessment are required and the
district determines that it will proceed with the acquisition or
construction project.
(8) If the Department of Toxic Substances Control disapproves the
preliminary endangerment assessment, it shall inform the district of
the decision, the basis for the decision, and actions necessary to
secure the Department of Toxic Substances Control approval of the
assessment. The school district shall take actions necessary to
secure the approval of the Department of Toxic Substances Control of
the preliminary endangerment assessment or elect not to pursue the
acquisition or construction project.
(9) If the preliminary endangerment assessment determines that a
further investigation of the site is not required and the Department
of Toxic Substances Control approves this determination, it shall
notify the State Department of Education and the school district of
its approval. The school district may then proceed with the
acquisition or construction project.
(10) If the preliminary endangerment assessment determines that a
release of hazardous material has occurred, that there is the threat
of a release of hazardous materials, that a naturally occurring
hazardous material is present, or any combination thereof, that
requires further investigation, and the Department of Toxic
Substances Control approves this determination, the school district
may elect not to pursue the acquisition or construction project. If
the school district elects to pursue the acquisition or construction
project, it shall do all of the following:
(A) Prepare a financial analysis that estimates the cost of
response action that will be required at the proposed schoolsite.
(B) Assess the benefits that accrue from using the proposed
schoolsite when compared to the use of alternative schoolsites, if
any.
(C) Obtain the approval of the State Department of Education that
the proposed schoolsite meets the schoolsite selection standards
adopted by the State Department of Education pursuant to subdivision
(b) of Section 17251.
(D) Evaluate the suitability of the proposed schoolsite in light
of the recommended alternative schoolsite locations in order of merit
if the school district has requested the assistance of the State
Department of Education, based upon the standards of the State
Department of Education, pursuant to subdivision (a) of Section
17251.
(11) The school district shall reimburse the Department of Toxic
Substances Control for all of the department's response costs.
(b) The costs incurred by the school districts when complying with
this section are allowable costs for purposes of an applicant under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be
reimbursed in accordance with Section 17072.13.
(c) A school district that releases a Phase I environmental
assessment, a preliminary endangerment assessment, or information
concerning either of these assessments, any of which is required by
this section, may not be held liable in any action filed against the
school district for making either of these assessments available for
public review.
(d) The changes made to this section by the act amending this
section during the 2001 portion of the 2001-02 Regular Session do not
apply to a schoolsite acquisition project or a school construction
project, if either of the following occurred on or before the
effective date of the act amending this section during the 2001
portion of the 2001-02 Regular Session:
(1) The final preliminary endangerment assessment for the project
was approved by the Department of Toxic Substances Control pursuant
to this section as this section read on the date of the approval.
(2) The school district seeking state funding for the project
completed a public hearing for the project pursuant to this section,
as this section read on the date of the hearing.
17213.2. As a condition of receiving state funds pursuant to
Chapter 12.5 (commencing with Section 17070.10), all of the following
apply:
(a) If a preliminary endangerment assessment prepared pursuant to
Section 17213.1 discloses the presence of a hazardous materials
release, or threatened release, or the presence of naturally
occurring hazardous materials, at a proposed schoolsite at
concentrations that could pose a significant risk to children or
adults, and the school district owns the proposed schoolsite, the
school district shall enter into an agreement with the Department of
Toxic Substances Control to oversee response action at the site and
shall take response action pursuant to the requirements of the state
act as may be required by the Department of Toxic Substances Control.
(b) Notwithstanding subdivision (a), a school district need not
take action in response to a release of hazardous material to
groundwater underlying the schoolsite if the release occurred at a
site other than the schoolsite and if the following conditions apply:
(1) The school district did not cause or contribute to the release
of a hazardous material to the groundwater.
(2) Upon the request of the Department of Toxic Substances Control
or its authorized representative the school district provides the
Department of Toxic Substances Control or its authorized
representative with access to the schoolsite.
(3) The school district does not interfere with the response
action activities.
(c) If at anytime during the response action the school district
determines that there has been a significant increase in the
estimated cost of the response action, the school district shall
notify the State Department of Education.
(d) A school district that is required by the Department of Toxic
Substances Control to take response action at a proposed schoolsite
is subject to both of the following prohibitions:
(1) The school district may not begin construction of a school
building until the Department of Toxic Substances Control determines
all of the following:
(A) That the construction will not interfere with the response
action.
(B) That site conditions will not pose a significant threat to the
health and safety of workers involved in the construction of the
school building.
(C) That the nature and extent of any release or threatened
release of hazardous materials or the presence of any naturally
occurring hazardous materials have been fully characterized.
(2) The school district may not occupy a school building following
construction until it obtains from the Department of Toxic
Substances Control a certification that all response actions, except
for operation and maintenance activities, necessary to ensure that
hazardous materials at the schoolsite no longer pose a significant
risk to children and adults at the schoolsite have been completed and
that the response action standards and objectives established in the
final removal action work plan or remedial action plan have been met
and are being maintained. After a school building is constructed and
occupied, a school district may continue with ongoing operation and
maintenance activities if the Department of Toxic Substances Control
certifies before occupancy that neither site conditions nor the
ongoing operation and maintenance activities pose a significant risk
to children or adults at the schoolsite.
(e) If, at anytime during construction at a schoolsite, a
previously unidentified release or threatened release of a hazardous
material or the presence of a naturally occurring hazardous material
is discovered, the school district shall cease all construction
activities at the sites notify the Department of Toxic Substances
Control, and take actions required by subdivision (a) that are
necessary to address the release or threatened release or the
presence of any naturally occurring hazardous materials. Construction
may be resumed if the Department of Toxic Substances Control
determines that the construction will not interfere with any response
action necessary to address the hazardous material release or
threatened release or the presence of a naturally occurring hazardous
material, determines that the site conditions will not pose a
significant threat to the health and safety of workers involved in
the construction of the schoolsite, and certifies that the nature and
extent of the release, threatened release, or presence of a
naturally occurring hazardous material have been fully characterized.
(f) Construction may proceed at any portions of the site that the
Department of Toxic Substances Control determines are not affected by
the release or threatened release of hazardous materials, or
presence of any naturally occurring hazardous materials, provided
that all of the following apply:
(1) Those portions of the site have been fully characterized.
(2) The Department of Toxic Substances Control determines that the
construction will not interfere with any response action necessary
to address the release or threatened release of hazardous materials,
or presence of any naturally occurring hazardous materials.
(3) The site conditions will not pose a significant threat to the
health and safety of workers involved with construction.
(g) The Department of Toxic Substances Control shall notify the
State Department of Education, the Division of the State Architect,
and the Office of Public School Construction when the Department of
Toxic Substances Control certifies that all necessary response
actions have been completed at a schoolsite. The Department of Toxic
Substances Control shall also notify the Division of the State
Architect whenever a response action has an impact on the design of a
school facility and shall specify the conditions that must be met in
the design of the school facility in order to protect the integrity
of the response action.
(h) The school district shall reimburse the Department of Toxic
Substances Control for all response costs incurred by the department.
(i) The costs incurred by the school districts when complying with
this section are allowable costs for purposes of an applicant under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be
reimbursed in accordance with Section 17072.13.
17215. (a) In order to promote the safety of pupils, comprehensive
community planning, and greater educational usefulness of
schoolsites, before acquiring title to or leasing property for a new
schoolsite, the governing board of each school district, including
any district governed by a city board of education, or a charter
school, shall give the State Department of Education written notice
of the proposed acquisition or lease and shall submit any information
required by the State Department of Education if the site is within
two miles, measured by air line, of that point on an airport runway
or a potential runway included in an airport master plan that is
nearest to the site.
(b) Upon receipt of the notice required pursuant to subdivision
(a), the State Department of Education shall notify the Department of
Transportation in writing of the proposed acquisition or lease. If
the Department of Transportation is no longer in operation, the State
Department of Education shall, in lieu of notifying the Department
of Transportation, notify the United States Department of
Transportation or any other appropriate agency, in writing, of the
proposed acquisition or lease for the purpose of obtaining from the
department or other agency any information or assistance that it may
desire to give.
(c) The Department of Transportation shall investigate the site
and, within 30 working days after receipt of the notice, shall submit
to the State Department of Education a written report of its
findings including recommendations concerning acquisition or lease of
the site. As part of the investigation, the Department of
Transportation shall give notice thereof to the owner and operator of
the airport who shall be granted the opportunity to comment upon the
site. The Department of Transportation shall adopt regulations
setting forth the criteria by which a site will be evaluated pursuant
to this section.
(d) The State Department of Education shall, within 10 days of
receiving the Department of Transportation's report, forward the
report to the governing board of the school district or charter
school. The governing board or charter school may not acquire title
to or lease the property until the report of the Department of
Transportation has been received. If the report does not favor the
acquisition or lease of the property for a schoolsite or an addition
to a present schoolsite, the governing board or charter school may
not acquire title to or lease the property. If the report does favor
the acquisition or lease of the property for a schoolsite or an
addition to a present schoolsite, the governing board or charter
school shall hold a public hearing on the matter prior to acquiring
or leasing the site.
(e) If the Department of Transportation's recommendation does not
favor acquisition or lease of the proposed site, state funds or local
funds may not be apportioned or expended for the acquisition or
lease of that site, construction of any school building on that site,
or for the expansion of any existing site to include that site.
(f) This section does not apply to sites acquired prior to January
1, 1966, nor to any additions or extensions to those sites.
17215.5. (a) Prior to commencing the acquisition of real property
for a new schoolsite in an area designated in a city, county, or city
and county general plan for agricultural use and zoned for
agricultural production, the governing board of a school district
shall make all of the following findings:
(1) The school district has notified and consulted with the city,
county, or city and county within which the prospective schoolsite is
to be located.
(2) The final site selection has been evaluated by the governing
board of the school district based on all factors affecting the
public interest and not limited to selection on the basis of the cost
of the land.
(3) The school district will attempt to minimize any public health
and safety issues resulting from the neighboring agricultural uses
that may affect the pupils and employees at the schoolsite.
(b) Subdivision (a) shall not apply to any schoolsite approved by
the State Department of Education prior to January 1, 1997.
17216. No action undertaken by the State Department of Education or
by any other state agency or by any political subdivision pursuant
to this chapter, or in compliance with this chapter, shall be
construed to affect any rights arising under the provisions of
Section 19 of Article 1 of the California Constitution.
17217. (a) The governing board of a school district may acquire a
site for a school building contiguous to the boundaries of the
district and upon the acquisition of the site it shall become a part
of the district.
(b) The site may not be acquired until all of the following
conditions are met:
(1) A majority of the members of the governing board of the
acquiring school district approves a petition requesting approval of
the acquisition.
(2) The petition is filed with the county superintendent of
schools with jurisdiction over the acquiring school district. If the
site is in a county that is not the county in which the acquiring
school district is located, the petition shall be filed with each of
the county superintendents of the counties concerned. Within 10
working days of the date the petition is filed, each superintendent
of schools of those counties shall notify the governing board of each
school district involved that the petition was filed.
(3) The county committee on school district organization of the
county of the acquiring school district approves the petition. If the
site is in a county that is not the county in which the acquiring
school district is located, each of the county committees on school
district organization concerned shall approve the petition. The
county committees on school district organization shall approve or
disapprove a petition within 60 days from the day the governing board
filed the petition with the county superintendent of schools.
(c) Notwithstanding subdivision (b), if each of the county
committees on school district organization does not approve the
petition as required by paragraph (3) of subdivision (b), the
petition may be submitted to the Superintendent of Public Instruction
for approval. If the Superintendent of Public Instruction approves
the petition, the governing board may acquire the site.
(d) In approving the acquisition of a site pursuant to this
section, the county committees on school district organization and
the Superintendent of Public Instruction shall consider the extent to
which the following are met:
(1) The proposed site acquisition will not promote racial or
ethnic discrimination or segregation.
(2) The proposed site acquisition will not result in any
substantial increase in costs to the state.
(3) The proposed site acquisition will not significantly disrupt
the educational programs in the school districts affected by the
proposed site acquisition and will continue to promote sound
education performance in those school districts.
(4) The proposed site acquisition will not result in a significant
increase in school housing costs.
(5) The proposed site acquisition is not primarily designed to
result in a significant increase in property values causing financial
advantage to property owners because territory was transferred from
one school district to an adjoining school district.
(6) The proposed site acquisition will not cause a substantial
negative effect on the fiscal management or fiscal status of any
school district affected by the proposed site acquisition.
(e) The power of eminent domain may be used for the purposes of
this section.
(f) A schoolsite is contiguous for the purpose of this section
although separated from the boundaries of the district by a road,
street, stream, or other natural or artificial barrier or
right-of-way.
17218. The governing board of a school district which has been
included in a school district unification proposal approved by the
electors of the territory involved pursuant to Chapter 2 (commencing
with Section 4206) of Part 3, may, prior to the time the new unified
school district becomes effective for all purposes, acquire a site
for a school building at any place within the new unified school
district, and upon the acquisition of the site it shall become a part
of the district pending the date when the new unified school
district becomes effective for all purposes. The site shall not be
acquired until the county committee on school district organization
of the county or of each of the counties concerned has received the
proposal for acquisition of the site and reported its recommendations
thereon to the governing boards of the districts concerned and to
each county superintendent of schools concerned. The report of the
county committee shall be made within 60 days from the time the
proposal for acquisition of the site was submitted to it.
17219. (a) Whenever a school district acquires or has acquired a
site for school purposes, as determined by the State Allocation
Board, and does not use the site within (1) five years of the date of
acquisition for the kindergarten, if any, and any of grades 1 to 8,
inclusive, maintained by an elementary school district or a unified
school district, or, (2) seven years of the date of acquisition for
any of grades 7 to 12, inclusive, maintained by a high school
district or a unified school district, or if a school district has a
site at any grade level that has previously been used but has not
been used for school purposes within the preceding five years, the
school district shall be subject to nonuse payments, unless the State
Allocation Board, from time to time, makes a determination that the
school district will utilize the property for the purpose for which
it was intended within a reasonable period of time, in a specific
amount for each additional year in which the site is retained and not
used by the district beyond the foregoing specified periods, except
the first additional year shall be deemed to end not earlier than
April 30, 1973.
(b) Payment shall not be required under this section as to any
site having a value of twenty thousand dollars ($20,000) or less.
Commencing on January 1, 1988, and annually thereafter, the State
Allocation Board shall increase this exemption figure by the amount
of the current fiscal year inflation adjustment specified in Section
42238.1, if any.
(c) The payments required shall be computed by the Executive
Officer of the State Allocation Board and certified to the
Controller, and payments shall be equal to one one-hundredth (1/100)
of the original purchase price of the site modified by either a
factor reflecting the change in assessed value of all lands in the
state from the date of purchase of the site to the current date or
any other factor that in the determination of the State Allocation
Board is applicable to the site under consideration.
(d) Whenever the State Allocation Board has determined that a
school district in good faith has, within the preceding year,
advertised the schoolsite for sale to the highest bidder pursuant to
the provisions of Article 4 (commencing with Section 17455) of
Chapter 4 of Part 10.5 and has received no bids that in the judgment
of the State Allocation Board reflect the fair market value of the
property, the Executive Officer of the State Allocation Board shall
not compute any nonuse payments for the site for a period of one year
beyond the date of the determination.
(e) Nonuse payments shall not be required for any year with
respect to a schoolsite that for one-half or more of the number of
days of that year has been utilized for any of the following
purposes:
(1) By the school district, or by any other governmental entity
pursuant to agreement with the school district, for school purposes,
for use as a civic center, or for community playground, playing
field, or other outdoor recreational purposes. "Civic center," for
this purpose, means a site used for one or more of the purposes
described in Section 40041.
(2) By the State Allocation Board, pursuant to agreement with the
school district, for the storage of emergency portable classrooms.
(3) By the school district, or by any other public or private
entity pursuant to agreement with the school district, for the
operation of a child care program.
(f) Nonuse payments shall not be required for any year with
respect to a schoolsite that was leased at least one-half of the days
in that year in a manner that subjected the site to property taxes
equal to the taxes that would have been paid if the site had been
sold.
17220. If the State Allocation Board determines a school district
to be exempt from the requirement to make nonuse payments for any
year as to any schoolsite on any basis authorized under subdivision
(e) or (f) of Section 17219, that exemption shall continue to apply
to that schoolsite for each subsequent year for which the
superintendent of the school district certifies to the State
Allocation Board, on a timely basis, that the basis of exemption
continues to exist.
17221. The amount of any nonuse payments required of any school
district under Section 17219 shall be reduced, without regard to
fiscal year, by the amount of the proceeds, resulting from the lease
of district property that is subject to that section, that are
expended by the district the payment of bond debt service costs that
are directly related to the actual construction of school facilities.
17222. The Controller shall, during the next fiscal year following
that in which the Executive Officer of the State Allocation Board
certifies to him or her the amount of payment, deduct the total
amount of the payment of each district in equal amounts from each of
the February, March, April and May installments of the apportionments
made to the district from the State School Fund under Sections
46304, 46305, and 41050, Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive, whichever are in effect. However,
in no event shall the deductions exceed an amount which would result
in a district's receiving, in any school year, from the State School
Fund, less than one hundred twenty dollars ($120) per pupil in
average daily attendance in the district during the preceding school
year. On order of the Controller, the amount so deducted shall be
transferred to the State School Site Utilization Fund which is hereby
created.
17223. (a) Whenever a school district has either begun to use an
unused site or has sold that site within two years of the date the
Controller, pursuant to Section 17222, has deducted a certified
nonuse payment from the district's State School Fund apportionment,
the State Allocation Board shall certify that fact to the Controller.
The Controller shall then cease to withhold any additional payments
and shall return to the district from the State School Site
Utilization Fund the payments, without interest, which had been
withheld for the particular site during the prior fiscal year and the
current fiscal year.
(b) If the school district begins to use or has sold the site more
than two years after the aforesaid date, the State Allocation Board
shall so certify to the Controller and no further payments shall be
withheld as specified in Section 17222.
17224. Any funds in the State School Site Utilization Fund,
including interest, that are not subject to return to a school
district pursuant to Section 17223 shall revert to the Deferred
Maintenance Fund.
