CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000. - 17066.]
Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2.
§§ 17000–17066 · 116 sections
ARTICLE 1. General Provisions §§ 17000–17009.5 · 18 sections
- § 17000 This chapter may be cited as the “Leroy F. Greene State School Building Lease-Purchase Law of 1976.”
- § 17001 (a) The Legislature hereby declares that it is in the interest of the state and the people thereof for the state to reconstruct, remodel, or replace existing…
- § 17002 The following terms wherever used or referred to in this chapter, shall have the following meanings, respectively, unless a different meaning appears from the…
- § 17002.1 As used in this chapter, construction shall include, but not be limited to, reconstruction, modernization, and replacement of facilities, and the performance…
- § 17003 The Director of General Services shall administer this chapter and shall provide such assistance to the board as it may require.
- § 17004 The State Allocation Board is continued in existence for the purpose of this chapter. The members of the board and the Members of the Legislature meeting with…
- § 17005 In addition to all other powers and duties as are granted the board by this chapter, other statute, or the Constitution, the board shall have power to: (a)…
- § 17005.1 On or before June 30, 1981, and on or before June 30 of each year thereafter, the board shall approve a plan specifying (a) the amount of funds to be allocated…
- § 17005.3 (a) Any school district with an average daily attendance of less than 2,501 pupils may apply to the board for a loan to cover the project activities of the…
- § 17005.5 The board may provide a loan to any school district from the proceeds of the sale of bonds pursuant to the School Facilities Bond Act of 1992, and the 1992…
- § 17006 (a) The board shall not enter into any lease with respect to an application for replacing inadequate school facilities unless it first has investigated and…
- § 17007 The State School Building Finance Committee, created by Section 15909 and composed of the Governor, Controller, Treasurer, Director of Finance, and Director of…
- § 17008 A fund is hereby created in the State Treasury to be known as the State School Building Lease-Purchase Fund. All money in the State School Building…
- § 17008.3 (a) The board may establish a revolving loan account within the State School Building Lease-Purchase Fund, and may allocate from the fund to that account those…
- § 17008.5 The board may approve projects and make apportionments in amounts not exceeding those funds on deposit in the State School Building Lease-Purchase Fund plus…
- § 17009 (a) The county superintendent of schools or county office of education shall be eligible to receive any funds from the portion of the proceeds of the sale of…
- § 17009.3 The board may not approve any projects pursuant to this chapter on and after November 4, 1998.
- § 17009.5 (a) Except as set forth in Section 17052, on and after November 4, 1998, the board shall only approve and fund school facilities construction projects pursuant…
ARTICLE 2. Projects §§ 17010–17039.2 · 50 sections
- § 17010 The board may construct any project, and may acquire all property necessary therefor, on any terms and conditions as it may deem advisable. When any part of…
- § 17011 The board may use for the payment of the costs of acquisition, construction or completion of any project any funds made available to the board by the State of…
- § 17012 The board has full charge of the acquisition, construction, completion, and control of all projects authorized by them and may proceed with such work forthwith.
- § 17013 Title to all property acquired, constructed, or improved by the board and the revenues and income therefrom, is in the State of California. All such property,…
- § 17014 (a) The board shall require the school district to make all necessary repairs, renewals, and replacements to ensure that a project is at all times kept in good…
- § 17015 The board shall require the school district to insure against public liability or property damage in connection with any project.
- § 17016 (a) The board, by the adoption of rules, may establish priorities for the construction and leasing of projects to those school districts the pupils of which…
- § 17017 Each school district that desires to lease a project for a grade level maintained by it, shall submit through its governing board an application therefor to…
- § 17017.1 (a) The West Contra Costa Unified School District shall be ineligible for any state school facilities funding for a period of five years from June 30, 1993, or…
- § 17017.2 (a) The board may own, have maintained, and lease portable classrooms to any county superintendent of schools who provides a county community school program,…
- § 17017.5 (a) The board may approve, in whole or in part, an application submitted by a school district under Section 17017 or 17020 in an amount not exceeding the…
- § 17017.6 Notwithstanding Section 17017.7, the definition of “substantial enrollment” set forth in that section shall apply only to elementary and unified school…
- § 17017.7 (a) Notwithstanding any other provision of this chapter, priority for the approval of project funding for new construction under this chapter, shall be as…
- § 17017.9 (a) Notwithstanding any other provision of law, a project shall be accorded, subject to subdivision (b), the priority status that otherwise is accorded under…
- § 17018 In approving applications pursuant to this chapter, the board shall encourage the design and construction of facilities which will conserve unreplenishable…
- § 17018.5 (a) The Legislature intends for the board to encourage school districts to utilize alternative methods to fund school facilities. (b) The board shall approve…
- § 17018.7 (a) Notwithstanding any other provision of law to the contrary, a school district that has, within the previous 24-month period, constructed or otherwise…
- § 17019 Before the board approves any project that includes the acquisition of furniture or equipment, it shall establish current cost and quality standards for…
- § 17019.3 (a) Any applicant school district may contract with a firm, as defined in Section 4525 of the Government Code, for construction project management services to…
- § 17019.5 For a school district having an average daily attendance of 2,500 or less for the prior fiscal year, the board may approve, subject to the building cost…
- § 17020 (a) Notwithstanding other provisions of this chapter, in order to expedite a total school facility a school district may first apply for a project which…
- § 17021 No project shall be approved for the reconstruction, modernization, or replacement of any school building that was constructed or reconstructed less than 30…
- § 17021.3 (a) For purposes of this chapter, “modernization” or “renovation” means any modification of an existing structure, the costs of which do not exceed 25 percent…
- § 17021.4 Notwithstanding the limitation set forth in subdivision (a) of Section 17021.3, the costs of a modernization or renovation project funded under this chapter…
- § 17022 Except as provided in Section 17041, the board shall not approve any new school facilities for any applicant school district or county superintendent of…
- § 17022.7 (a) The funding for any reconstruction project approved by the board pursuant to this chapter that meets the requirements set forth in subdivision (b) shall…
- § 17023 Nothing contained in this chapter shall be construed as changing the powers and duties of the Department of Education or the Department of General Services in…
- § 17024 (a) The board shall not authorize the selection of any schoolsite, or a contract for the construction of any new school building, or for any addition to, or…
- § 17024.5 Upon request of any school district, the State Department of Education shall provide assistance in the evaluation and utilization of existing school facilities…
- § 17025 (a) The board shall not authorize a contract for the construction of any new school, or for the addition to, or reconstruction or alteration of, any existing…
- § 17029 (a) The board shall authorize the applicant school district to act as its agent in the performance of acts specifically approved by the board and all acts…
- § 17029.5 Notwithstanding any other provisions of this chapter, the funding by the board of contracts entered into by a school district pursuant to this chapter shall…
- § 17030 (a) In expending funds for any project under this chapter, a school district acts as an agent of the state and all sites purchased and improved, all equipment…
- § 17030.2 Notwithstanding any other provision to the contrary, all lease agreements shall terminate 40 years from the date of execution and title to the property covered…
- § 17030.3 Notwithstanding any other provision of this chapter, any project funded under this chapter that involves only the identification, assessment, or abatement of…
- § 17030.5 Notwithstanding any provision to the contrary, no funds authorized by any act for the purpose of this chapter may be expended for any purpose without specific…
- § 17030.6 From any moneys in the State School Building Lease-Purchase Fund, the board shall make available to the Director of General Services such amounts as it…
- § 17031 The applicant district, acting as agent for the state, shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition…
- § 17032 The board shall fix rents for all projects acquired and may change the rents from time to time as may be needed provided the rents shall not in any year exceed…
- § 17032.3 (a) Any school district for which one or more projects has been funded under this chapter may, pursuant to written agreement with any other public or private…
- § 17032.5 (a) The board shall establish the annual rent and conditions to be met by the lessee of a portable classroom leased pursuant to Section 17717.2 and shall…
- § 17033 Rent, charges, and fees collected in error may be refunded by the board in accordance with regulations prescribed by the board.
- § 17034 A county school lease-purchase fund is hereby created in the county treasury within each county for each school district project in the county.
- § 17035 The board may from time to time authorize the Controller to transfer any funds that the board may deem necessary from the State School Building Lease-Purchase…
- § 17036 (a) Except as provided in subdivision (b), funds may be expended from the county school lease-purchase fund by the applicant school district only when…
- § 17037 Any remaining funds, including any interest earned on those funds, in a county school lease-purchase fund for a school district that remains in the fund on and…
- § 17038 The board shall require school districts to insure at their own expense for the benefit of the state, all sites, equipment and buildings which are, under…
- § 17039 (a) Not more than one hundred fifty million dollars ($150,000,000) of the moneys authorized by the State School Building Lease-Purchase Bond Law of 1982 (Sec.…
- § 17039.1 Not more than two hundred million dollars ($200,000,000) of the moneys authorized by the State School Building Lease-Purchase Bond Law of 1982 (Sec. 34, Ch.…
- § 17039.2 Of the moneys reserved for the rehabilitation or modernization of facilities pursuant to Section 17039.1, the board may reserve not more than twenty-five…
ARTICLE 3. Allowances §§ 17040–17052 · 35 sections
- § 17040 Except as provided in Section 17041, no project shall be approved, the building area of which, when added to the area of adequate school construction existing…
- § 17040.1 (a) The allowable building area of any project, as calculated under this article, may be increased by any applicant school district, where the increase is…
- § 17040.2 Where 75 percent or more of the total cost of a project approved under this chapter is to be funded by the applicant district from sources other than any state…
- § 17040.3 (a) Notwithstanding any other provision of this part, the estimate of average daily attendance for an applicant school district shall be calculated for up to…
- § 17040.4 Notwithstanding any other provision of this part, the board may use, for purposes of determining the estimate of average daily attendance for an applicant…
- § 17040.5 Notwithstanding any other provision of this article, the board shall exclude the area of enclosed stairs and appropriate landings for each floor level served…
- § 17040.6 (a) For any school of two or more stories, the project funding provided under this chapter shall include, at the request of the applicant district, the costs…
- § 17040.7 Notwithstanding any other provision of this article, the board shall provide that building area for enclosed hallways in the second or higher story of any…
- § 17040.8 Where an applicant district that is eligible under this chapter for project funding of new construction of school facilities on an existing schoolsite, which…
- § 17040.9 (a) (1) The board shall allocate the amount calculated under subdivision (b), in addition to any other project funding authorized under this chapter, to each…
- § 17041 Whenever the area of adequate school construction existing in any attendance area is such as to prevent another attendance area from receiving the maximum area…
- § 17041.1 (a) Notwithstanding any other provision of this chapter, the following determinations shall be made by a self-certifying district, in the manner specified in…
- § 17041.2 (a) The State Allocation Board shall conduct random audits of the information certified by self-certifying districts pursuant to this chapter, except as to any…
- § 17041.3 For the purposes of Sections 17041 and 17041.5, allowable building area may be computed, in the alternative to the methods prescribed by Section 17041, for any…
- § 17041.5 (a) Whenever the area of adequate school construction existing in an attendance area is less than the maximum area computed for that attendance area, any…
- § 17041.6 The board shall, in allocating funds for school facilities construction pursuant to this chapter, give first priority to applicant districts proposing…
- § 17041.8 (a) Notwithstanding any other provision of law, any applicant school district that receives supplemental project funding under Sections 17040.6, 17040.7,…
- § 17042 (a) The board, by the adoption of rules, shall provide for the manner of determining the area of adequate school construction existing in an applicant school…
- § 17042.5 (a) For purposes of determining the area of adequate school construction existing in an applicant school district pursuant to Section 17042.7, all portable…
- § 17042.7 (a) For any project application filed or amended on or after January 1, 1993, the area of adequate school construction existing in the applicant school…
- § 17042.9 (a) Notwithstanding any other provision of law, a school district that complies with the requirements of subdivision (b) may replace a portable classroom, as…
- § 17043 (a) There shall be allowed to each district with attendance units of 300 or more in kindergarten and grades 1 to 6, inclusive, a maximum area of 55 square feet…
- § 17044 There shall be allowed to each district a maximum area of 75 square feet for each attendance unit of the district in grades 7 and 8.
- § 17045 The maximum area allowed to a district for attendance units in junior high schools composed of grades 7 to 9, inclusive, or 7 to 10, inclusive, as the case may…
- § 17046 There shall be allowed to each district a maximum area for the attendance units of the district in grades 9 to 12, inclusive, determined by computing, for the…
- § 17046.7 Notwithstanding any other provision of law, the determination of the area of allowable new building construction for any project for an applicant school…
- § 17046.8 Notwithstanding any other provisions of law, the maximum allowable building area for each applicant district shall be reduced by the product of the maximum…
- § 17047 (a) The allowable new building area for the purpose of providing special day class and Resource Specialist Program facilities for special education pupils…
- § 17047.5 (a) All school facilities purchased or newly constructed pursuant to this chapter for use, in whole or in part, by pupils who are individuals with exceptional…
- § 17047.6 The board, with the advice of the Superintendent of Public Instruction, may determine the eligibility of county superintendents of schools to lease portable…
- § 17048 Whenever an existing building is to be reconstructed, rather than replaced, under an application pursuant to this chapter, there shall be allowed, for those…
- § 17049 (a) The board shall require, as a condition of providing funding for any project under this chapter, that, for any facilities for kindergarten or any of grades…
- § 17050 (a) A district may enter into a contract with the county, or other appropriate entity having responsibility for the provision of public library services, in…
- § 17051 (a) A district may enter into an agreement with another governmental entity that includes some or all of the territory of the district for the purpose of the…
- § 17052 (a) Notwithstanding any other provision of law, the State Allocation Board may fund joint-use projects to construct libraries, multipurpose rooms, and…
ARTICLE 4. Space-Saver Schools §§ 17055–17058 · 3 sections
- § 17055 (a) The board shall authorize project funding under this chapter for the construction, in urban areas in which the construction of schools would ordinarily…
- § 17056 Any school district that is a project applicant under this chapter may apply for the funding of a school specifically under this article, pursuant to which it…
- § 17058 The cost of any project funded under this article shall not exceed the maximum cost that would otherwise be allowable for a project funded under this chapter.
ARTICLE 4.1. Alternative Use of Apportionments §§ 17059–17059.2 · 3 sections
- § 17059 The Legislature finds and declares as follows: (a) In many areas of the state, overcrowding in the schools has created a need for new school facilities in…
- § 17059.1 In a manner that is consistent with this chapter and the California Code of Regulations, a school district that is eligible for an apportionment for project…
- § 17059.2 The State Allocation Board in conjunction with the office of the State Architect shall advise all school districts in the state of the existence of the…
ARTICLE 5. Joint Venture School Facilities Construction Projects §§ 17060–17066 · 7 sections
- § 17060 (a) A school district may enter into a joint venture relationship for the purposes of school facilities construction. Notwithstanding any other provision of…
- § 17061 (a) A school district may apply to the State Allocation Board for funding for the costs of property acquisition and the cost of construction, as specified in…
- § 17062 (a) Notwithstanding Sections 20111 and 20118.4 of the Public Contract Code, or any other law, upon approval of funding pursuant to Section 17061, a school…
- § 17063 Upon completion of the joint venture agreement pursuant to Section 17062, the school district shall transmit the agreement to the State Allocation Board for…
- § 17064 The selection of any design professional pursuant to this article shall be made in accordance with Chapter 10 (commencing with Section 4525) of Division 5 of…
- § 17065 The design and construction of school facilities pursuant to this article shall comply with Article 3 (commencing with Section 17280) of Chapter 2 of Part 10.5.
- § 17066 This article does not affect any requirement of a school district to comply with the prevailing wage requirements of Article 2 (commencing with Section 1770)…