CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10. - 17079.30.]
Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4.
§§ 17070.10–17079.30 · 132 sections
ARTICLE 1. General Provisions §§ 17070.10–17070.99 · 42 sections
- § 17070.10 This chapter shall be known, and may be cited, as the Leroy F. Greene School Facilities Act of 1998.
- § 17070.15 For purposes of this chapter, the following terms have the following meanings, unless a different meaning appears from the context: (a) “Apportionment” means…
- § 17070.20 The Director of General Services shall administer this chapter and shall provide assistance to the board as it requires.
- § 17070.25 The department shall first publish applications for funding under this chapter by November 4, 1998, and shall be prepared to receive and expeditiously act upon…
- § 17070.30 The State Allocation Board is continued in existence for the purpose of this chapter. The members of the board and the Members of the Legislature meeting with…
- § 17070.33 (a) The board shall adopt guidelines for use by districts by June 30, 1999, to achieve measurable reductions in the costs of school facilities construction.…
- § 17070.35 (a) In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Constitution, the board shall do…
- § 17070.40 (a) (1) A fund is hereby established in the State Treasury to be known as the 1998 State School Facilities Fund. All money in the fund, including any money…
- § 17070.41 Creation of 2016 State School Facilities Fund. (a) A fund is hereby established in the State Treasury, to be known as the 2016 State School Facilities Fund.…
- § 17070.42 (a) A fund is hereby established in the State Treasury, to be known as the 2024 State School Facilities Fund. All money in the fund, including any money…
- § 17070.43 (a) A county school facilities fund is hereby established in the county treasury within each county for each school district in the county. (b) The board may…
- § 17070.45 This chapter shall not be construed to change the powers and duties of the State Department of Education or the Department of General Services with respect to…
- § 17070.46 (a) For projects funded under this chapter, the following state agencies are deemed not to be the lead agency for the purposes of the California Environmental…
- § 17070.50 The board shall not apportion funds to any school district, unless the applicant school district has certified to the board that the services of any architect,…
- § 17070.51 (a) If any certified eligibility or funding application related information is found to have been falsely certified by school districts, architects, or design…
- § 17070.52 (a) The State Department of Education shall include in its application for new construction plan approval developed pursuant to the authority established in…
- § 17070.53 (a) The Office of Public School Construction shall report to the board and the Legislature by March 1, 2015, on efforts to streamline and speed up the award of…
- § 17070.54 (a) As a condition of participating in the school facilities program, a school district shall submit to the department a five-year school facilities master…
- § 17070.55 Upon request of any school district, the State Department of Education shall provide assistance in the evaluation and utilization of existing school facilities…
- § 17070.59 For purposes of determining the points used to compute the required matching funds from local sources applied pursuant to Sections 17072.30 and 17074.16, the…
- § 17070.60 Funding decisions made by the board shall not, in themselves, make the board liable for any tort, breach of contract, or any other action for damages caused by…
- § 17070.63 (a) The total funding provided under this chapter shall constitute the state’s full and final contribution to the project and for eligibility for state…
- § 17070.65 From any moneys in one of the funds established pursuant to Section 17070.40, as appropriate, and approved for this purpose in the annual Budget Act, the board…
- § 17070.70 (a) Title, including, but not limited to, any leasehold interest as set forth in subdivision (c), to all property acquired, constructed, or improved with funds…
- § 17070.71 (a) Notwithstanding subdivision (a) of Section 17070.70, new construction or modernization funded pursuant to this chapter may be upon real property leased to…
- § 17070.73 (a) A school district may claim the entire pupil attendance of a charter school that is physically located within its geographical jurisdiction, within the…
- § 17070.75 (a) The board shall require the school district to make all necessary repairs, renewals, and replacements to ensure that a project is at all times maintained…
- § 17070.755 A priority for the use of funds in the restricted account established pursuant to Section 17070.75, shall be to ensure that facilities, including, but not…
- § 17070.76 Notwithstanding Section 17070.75, for the 2003–04 fiscal year, the board shall only require a school district to deposit into the account established pursuant…
- § 17070.766 Notwithstanding paragraph (2) of subdivision (b) of Section 17070.75, for the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years,…
- § 17070.77 (a) For each project funded after January 1, 2002, the board shall require the applicant school district governing board to certify, as part of the school…
- § 17070.80 (a) All school facilities purchased or newly constructed pursuant to this chapter for use, in whole or in part, by pupils who are individuals with exceptional…
- § 17070.85 Notwithstanding any other provision of law, a lien recorded on school district property that has been imposed pursuant to Section 16019 or 17030 shall be…
- § 17070.87 New construction and modernization applications submitted before October 31, 2024, shall be processed and apportioned in accordance with this chapter, as it…
- § 17070.90 As a part of its application, a school district shall certify that it has considered the feasibility of the joint use of land and facilities with other…
- § 17070.95 As a part of its application for large construction and modernization projects, a school district shall certify, in consultation with the career technical…
- § 17070.955 In conjunction with an application of a school district for any construction or modernization project, and as a condition of the district receiving funds for…
- § 17070.96 As part of its application for funding under this chapter, a school district shall certify that it has considered the feasibility of using designs and…
- § 17070.965 On or after January 1, 2015, the board shall not approve funding for incentive grants to promote the use of designs and materials in new construction and…
- § 17070.97 The board shall require the school district to insure against public liability or property damage in connection with any facility constructed or modernized…
- § 17070.98 A school district that does not have employees who possess adequate construction management experience may contract for the provision of construction…
- § 17070.99 (a) The board shall conduct an evaluation on the cost of new construction and modernization of small high schools in conjunction with the pilot program…
ARTICLE 2. Existing School Building Capacity §§ 17071.10–17071.46 · 7 sections
- § 17071.10 (a) The calculation determined by this article shall be made on a one-time basis, and will be used as the baseline for eligibility determinations pursuant to…
- § 17071.25 (a) The existing school building capacity in the applicant school district or, where appropriate, in the attendance area, at the time of initial application…
- § 17071.30 For purposes of determining the existing school building capacity, each applicant school district shall include each portable classroom, whether owned or…
- § 17071.33 (a) For the purposes of determining existing school building capacity, the calculation shall be adjusted as required for first priority status pursuant to…
- § 17071.35 Notwithstanding any other provisions of law, the maximum school building capacity for each applicant district shall be increased by the number of pupils…
- § 17071.40 Each school on a year-round, multitrack calendar that has a density of 200 or more pupils enrolled per acre, that is located in a school district with 40…
- § 17071.46 (a) If an applicant school district proposes to demolish a single-story building and replace it with a multistory building on the same site, the State…
ARTICLE 3. New Construction Eligibility Determination §§ 17071.75–17071.76 · 2 sections
- § 17071.75 After a one-time initial report of existing school building capacity has been completed, the ongoing eligibility of a school district for new construction…
- § 17071.76 (a) Whenever the existing school building capacity in any high school attendance area prevents another high school attendance area from receiving the maximum…
ARTICLE 4. New Construction Grant Eligibility Determination §§ 17072.10–17072.18 · 8 sections
- § 17072.10 (a) The board shall determine the maximum total new construction grant eligibility of an applicant by multiplying the number of unhoused pupils calculated…
- § 17072.11 (a) All of the following shall apply on and after July 1, 2006: (1) The per-unhoused-pupil grant eligibility determined under paragraphs (1) and (2) of…
- § 17072.12 (a) In addition to the amount provided in Section 17072.10, the board may provide funding for assistance in site development and acquisition if all of the…
- § 17072.13 In addition to the amounts provided pursuant to Sections 17072.10 and 17072.12, the board may provide site acquisition and hazardous materials evaluation and…
- § 17072.14 Notwithstanding Section 17070.63, the board may allow adjustments to a new construction grant if, as a result of additional requirements imposed by the…
- § 17072.15 In conjunction with the State Department of Education and the Department of Finance, the Legislative Analyst shall review the method of funding the…
- § 17072.17 In conjunction with the State Department of Education, the Department of Finance, and the Legislative Analyst, the Department of General Services shall review…
- § 17072.18 (a) (1) The board may provide evaluation and response action funding for response costs of the removal of hazardous waste or solid waste, the removal of…
ARTICLE 5. New Construction Funding Process §§ 17072.20–17072.35 · 6 sections
- § 17072.20 (a) An applicant school district that has been determined by the board to meet the eligibility requirements for new construction funding set forth in Article 2…
- § 17072.25 (a) The board shall adopt regulations to develop a mechanism to rank approved applications for new construction funding. This mechanism shall be used to…
- § 17072.30 (a) Subject to the availability of funds, the board shall apportion funds to an eligible school district only upon the approval of the project by the…
- § 17072.32 (a) For any project that has received an apportionment pursuant to Section 17072.30, funding shall be released in amounts equal to the amount of the local…
- § 17072.33 In the case of site acquisition, a district may request that the state’s share of site assistance be provided to the district in amounts equal to the amount of…
- § 17072.35 (a) A grant for new construction may be used for any and all costs necessary to adequately house new pupils in any approved project, and those costs may only…
ARTICLE 6. Modernization Eligibility Determination §§ 17073.10–17073.25 · 5 sections
- § 17073.10 Each school district that desires to receive an apportionment for modernization under this chapter shall submit an application in a form, and in the number of…
- § 17073.15 (a) A school district is eligible to receive an apportionment for the modernization of a permanent school building that is more than 25 years old or a portable…
- § 17073.16 (a) A school district eligible for funding pursuant to this article may receive a supplemental grant for either of the following: (1) Expanding an existing…
- § 17073.20 Funding may be approved for the modernization of any permanent school building that is more than 25 years old, or any portable classroom that is more than 20…
- § 17073.25 (a) Notwithstanding any provision of law to the contrary, the State Department of Education is eligible for modernization grants pursuant to this article for…
ARTICLE 7. Modernization Apportionment §§ 17074.10–17074.30 · 9 sections
- § 17074.10 (a) The board shall determine the total funding eligibility of a school district for modernization funding by multiplying the following amounts by each pupil…
- § 17074.15 (a) The board shall release disbursements to school districts with approved applications for modernization, to the extent state funds are available for the…
- § 17074.16 (a) The board shall release disbursements to school districts with approved applications for modernization, to the extent state funds are available for the…
- § 17074.20 As a condition for the receipt of funds under this article, a school district shall ensure that all buildings modernized comply with Sections 17212, 17212.5,…
- § 17074.25 (a) (1) A modernization apportionment may be used for an improvement to extend the useful life of, or to enhance the physical environment of, the school. The…
- § 17074.26 The board shall adopt regulations to adjust the per-pupil amounts set forth in Section 17074.14 for modernization projects for school buildings that are 50…
- § 17074.265 (a) Notwithstanding Article 6 (commencing with Section 17073.10), a school district shall be eligible to receive a modernization apportionment to demolish and…
- § 17074.27 In addition to the uses specified in Section 17074.25, a modernization apportionment may also be used for the control, management, or abatement of lead.
- § 17074.30 Commencing with applications submitted after January 1, 2004, any school district applying for funding pursuant to this article shall certify that it has…
ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems §§ 17074.50–17074.56 · 4 sections
- § 17074.50 (a) On and after July 1, 2002, all new construction projects submitted to the Division of the State Architect pursuant to this chapter, including, but not…
- § 17074.52 (a) For modernization projects, the automatic fire detection and alarm system required pursuant to subdivision (b) of Section 17074.50 shall consist of smoke…
- § 17074.54 (a) A portable building that is sited with the intent that it be at the site for less than three years and is sited upon a temporary foundation in a manner…
- § 17074.56 (a) The State Allocation Board shall adjust the per-pupil grant amount set forth in Section 17072.10 as necessary to accommodate 50 percent of the increased…
ARTICLE 8. Hardship Application §§ 17075.10–17075.20 · 4 sections
- § 17075.10 (a) (1) For health and safety projects for school facilities that are determined by the department to pose an unacceptable risk of injury to occupants in the…
- § 17075.11 (a) A school district may apply for hardship assistance in cases of extraordinary circumstances. (b) A school district applying for state funding under this…
- § 17075.15 (a) From funds available from any bond act for the purpose of funding facilities for school districts with a financial hardship, the board may provide other…
- § 17075.20 (a) Notwithstanding any other law, the board may provide assistance under this chapter for purposes of procuring interim housing, including, but not limited…
ARTICLE 8.5. Classroom Security Locks § 17075.50 · 1 section
- § 17075.50 (a) On and after July 1, 2011, all new construction projects submitted to the Division of the State Architect pursuant to this chapter shall include locks that…
ARTICLE 9. Program Accountability §§ 17076.10–17076.12 · 3 sections
- § 17076.10 (a) A school district that receives any funds pursuant to this chapter shall submit a summary report of expenditure of state funds and of school district…
- § 17076.11 (a) If the board determines that a school district, county office of education, joint powers authority, or charter school is in default, or projected to…
- § 17076.12 Any school district using funds allocated pursuant to this chapter for the construction or modernization of a school building shall have a participation goal…
ARTICLE 10. School Project Safety Components § 17077.10 · 1 section
- § 17077.10 (a) It is a goal of the Legislature to eventually enhance pupil safety by equipping all elementary and secondary school classrooms with a telephone hook…
ARTICLE 10.5. Energy Efficiency §§ 17077.30–17077.35 · 2 sections
- § 17077.30 (a) As part of the requirements for submission of an application to the State Allocation Board for funding pursuant to this chapter for any new construction or…
- § 17077.35 (a) An applicant school district may include plan design and other project components that promote school facility energy efficiency approaching the ultimate…
ARTICLE 10.6. Joint-Use Facilities §§ 17077.40–17077.45 · 3 sections
- § 17077.40 (a) With funds made available for the purposes of this article, the board may provide a grant to fund joint-use projects to construct facilities on…
- § 17077.42 In order to be approved for a grant under this article, the applicant district shall demonstrate that it has complied with all of the following: (a) The school…
- § 17077.45 (a) The board shall establish standards for determining the amount of the supplemental grant funding to be made available for each project under this article.…
ARTICLE 10.7. Testing and Remediation of Lead Levels in Water at Schoolsites § 17077.60 · 1 section
- § 17077.60 (a) (1) With funds made available for this purpose, the board shall provide a grant to test for lead in water outlets used for drinking or preparing food on…
ARTICLE 11. Critically Overcrowded School Facilities §§ 17078.10–17078.30 · 9 sections
- § 17078.10 (a) There is hereby established the Critically Overcrowded School Facilities Program to be administered by the board. (b) For the purposes of this article,…
- § 17078.15 (a) Unless this article expressly provides otherwise, the provisions contained in the other articles of this chapter shall apply with equal force to a project…
- § 17078.18 Projects funded under this article shall meet all of the following criteria: (a) The project is a new construction project to build new pupil capacity to…
- § 17078.20 (a) The board shall disseminate information to school districts regarding the availability of funding pursuant to this article and the appropriate deadlines…
- § 17078.22 (a) The preliminary applications shall do all of the following: (1) Establish per-unhoused-pupil eligibility as set forth in Article 3 (commencing with Section…
- § 17078.24 (a) On the basis of the preliminary application and upon confirmation by the board of the applicant’s eligibility, the board shall in a timely manner make a…
- § 17078.25 (a) Within the maximum time period set forth in Section 17078.30, the applicant shall have a period of up to four years from the date of the preliminary…
- § 17078.27 (a) Upon completion of the preliminary process authorized pursuant to this article, and when a preliminary applicant has complied with the conditions set forth…
- § 17078.30 (a) (1) A portion of the funds reserved for the purposes set forth in this article from the proceeds of state bonds approved by the voters at the November 5,…
ARTICLE 11.5. Assistance to Small School Districts §§ 17078.35–17078.38 · 4 sections
- § 17078.35 For purposes of this article, the following definitions apply: (a) “Final apportionment” has the same meaning as “apportionment” as defined in subdivision (a)…
- § 17078.36 (a) Unless this article expressly provides otherwise, the provisions contained in the other articles of this chapter shall apply with equal force to a project…
- § 17078.37 Notwithstanding subdivision (a) of Section 17072.30 and subdivision (a) of Section 17074.16, as applicable: (a) Applicants for funding pursuant to this article…
- § 17078.38 The board shall adopt regulations setting forth all of the following: (a) The preliminary application and preliminary apportionment. (b) The apportionment of…
ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts §§ 17078.45–17078.48 · 4 sections
- § 17078.45 For purposes of this article, the following definitions apply: (a) “Centralized online resources” means an online portal or webpage dedicated to facilities…
- § 17078.46 (a) The board shall provide a grant of five million dollars ($5,000,000) to the State Department of Education to expand the objectives of the SASI Grant and…
- § 17078.47 The bond funds allocated to the State Department of Education pursuant to Section 17070.46 shall be used for all of the following purposes: (a) Direct…
- § 17078.48 The State Department of Education shall adopt regulations setting forth the requirements and procedures for the allocation and use of bond funds pursuant to…
ARTICLE 12. Charter Schools §§ 17078.52–17078.66 · 10 sections
- § 17078.52 (a) There is hereby established the Charter School Facilities Program to provide funding to qualifying entities for the purpose of establishing school…
- § 17078.53 (a) The initial preliminary applications for projects to be funded pursuant to this article shall be submitted to the board by March 31, 2003. Thereafter, the…
- § 17078.54 (a) An eligible project under this article shall include funding, as permitted by this chapter, for new construction or rehabilitation of a school facility for…
- § 17078.56 (a) The board, in consultation with the authority, shall approve projects pursuant to this article as otherwise set forth in this chapter, and shall make…
- § 17078.57 (a) The authority, in consultation with the board, shall adopt regulations establishing uniform terms and conditions that shall apply equally to all projects…
- § 17078.58 (a) Funding granted pursuant to this article may not exceed 100 percent of the total allowable project costs as determined by calculating double the per-pupil…
- § 17078.62 (a) As a first priority, the existing charter school shall be permitted to continue to use the facility until it is no longer needed by the charter school for…
- § 17078.63 (a) Prior to the release of funds for an application submitted pursuant to paragraph (2) of subdivision (b) of Section 17078.53 for site acquisition or new…
- § 17078.64 (a) In lieu of applying for funding under this article, a school district may elect to include facilities for a charter school that would be physically located…
- § 17078.66 The State Allocation Board and the California School Finance Authority shall jointly report to the Legislature by July 1, 2005, regarding all of the following:…
ARTICLE 13. Career Technical Education Facilities Program §§ 17078.70–17078.74 · 3 sections
- § 17078.70 (a) For the purposes of this article, “reconfiguration” means any modification of a structure of any age that will enhance the educational opportunities for…
- § 17078.72 (a) The Career Technical Education Facilities Program is hereby established to provide funding to qualifying local educational agencies for the purpose of…
- § 17078.74 (a) Except as otherwise provided in this section, a modernization grant adjustment provided pursuant to this section is not subject to the requirements of…
ARTICLE 14. Overcrowding Relief Grants §§ 17079–17079.30 · 4 sections
- § 17079 (a) For purposes of this article, an eligible school is a school for which the schoolsite pupil population density is equal to or greater than 175 percent of…
- § 17079.10 (a) For purposes of this article, an eligible pupil is a pupil who is housed in a portable classroom, except portable classrooms used for purposes of the Class…
- § 17079.20 (a) The board shall require that applications for funding pursuant to this article be used for an equivalent number of permanent new school construction…
- § 17079.30 (a) The board shall require both of the following as conditions for receiving funding pursuant to this article: (1) Within six months after the date of initial…